The federal government is open to considering a censure or other disciplinary action for Lidia Thorpe after she interrupted Monday’s royal reception, but has yet to discuss this with the opposition.
Katy Gallagher, Labor’s manager of Senate business, said members of the public had told her they found the independent senator’s behaviour “incredibly disrespectful.”
“We need to find a way to make sure that the institution of the Senate and the important role that it plays in democracy is upheld and respected,” she told the ABC’s RN Breakfast on Thursday.
“And I think that’s at times challenged with some behaviour in particular from Senator Thorpe.”
The Coalition escalated its criticism of Senator Thorpe on Wednesday after she made light of her parliamentary oath in an interview on the ABC’s Afternoon Briefing, saying she had sworn allegiance to the Queen’s “hairs and successors” rather than “heirs and successors.”
Simon Birmingham, the Coalition’s Senate leader, said that was “a deeply serious claim to be making that does bring her eligibility to participate in the proceedings of the Senate into question.”
He said the Coalition was considering “legal opinions” about the validity of the affirmation, which is a constitutional requirement.
Senate President Sue Lines accepted the affirmation as valid at the time despite the mispronunciation but may have scope to review that judgement.
Standing orders could come into play if theatrics reach the Senate floor
Senator Gallagher declined to comment on the validity of the affirmation, deferring to constitutional lawyers.
But she said she was open to working with the Coalition on a response of some sort.
“We’ll certainly have discussions with people… She does like the attention that comes from these public displays, so we’ll have to think through and manage that,” she said.
“Many in the chamber understand the points she’s trying to make but disagree with the way she’s choosing to make them.”
Senator Gallagher noted Senate standing orders offered some scope to deal with “disorderly conduct.”
Those standing orders allow a senator who is guilty of “persistently and wilfully” obstructing the business of the Senate or “is guilty of disorderly conduct” to be suspended.
Suspension requires a majority vote in the Senate and applies for a single sitting day on the first occasion, seven sitting days on the second occasion and a fortnight at a time on subsequent occasions.
The standing orders only apply to parliamentary proceedings, making it unlikely they could apply to her attendance at the royal reception in the Great Hall of Parliament House.
But Senator Gallagher noted Senator Thorpe had often made interjections in the Senate.
“People would be aware of what she’s done, we get this quite regularly in the chamber… Obviously people across the chamber have views that this needs to be attended to.
“I say to Senator Thorpe, she’s a senator in an important democratic institution in our country and there’s an opportunity here to reflect on how she does that role.”
Appearing on Nine’s Today on Thursday morning, Senator Thorpe said she was used to criticism from Senate colleagues and described herself as “the black sheep of the family.”
But she said she had received “overwhelming love and respect” from First Nations people “across this country.”
“I wanted to send a message to the king, I got that message across, the whole world is talking about it and my people are happy,” she said.
“I’m about truth telling. I’m loud, proud, black. Get used to it and listen to what I have to say. I’m delivering a message for my people and that is that we still have 24,000 of our kids that are being taken from their families in 2024.”
