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Parliament has power to hear bill again in three weeks ? Webb

MP Ren?e Webb last night claimed that her failed bill to outlaw discrimination based on sexual orientation could go back before MPs this month ? if Parliament waived its own rules.

The Government backbencher told she had been advised that the draft legislation could be considered again this parliamentary session.

"Parliament can make a motion that it can come back in three weeks," she said. "I thought they had to wait until a year. But Parliament can do whatever it likes. The thing is, what is key is, Parliament is supreme."

But Ms Webb said she did not intend to try to table the Human Rights Amendment Act 2006 again because "nothing has indicated that people have changed their position".

Her private member's bill was thrown out at the committee stage after its second reading in the House of Assembly on May 26, when only one other MP spoke out on it.

On Friday, more than 300 protesters demonstrated outside of the House at MPs' failure to properly debate the bill.

Ms Webb said: "I'm not going to go through the process just so they can get up and speak. I wouldn't bring it back unless I was sure the motion could go through. I'm not going to bring it back."

Under normal House of Assembly rules, a failed public bill (including a private member's bill) cannot be tabled again during the same parliamentary session. House of Assembly Rule 47 states: "When once the second reading of any Public Bill has been agreed or negatived, no questions shall be proposed during the same session for the second reading of any other Public Bill containing substantially the same provisions.

"On an order of the day relating to such a Bill being called, the Speaker (of the House) shall direct that the Bill be withdrawn."

But Rule 14 (1) (k) seems to suggest that a motion for the suspension of a rule can be put with leave of the Speaker ? effectively allowing the House to waive its own rules in certain cases. The Speaker of the House, Stanley Lowe, could not be contacted for comment last night. Government Chief Whip Ottiwell Simmons said Mr. Lowe was the only person who could decide whether Rule 47 could be waived. "It's the Speaker's duty to say what the rules are," he said. A parliamentary source told : "I have not heard of a case where that has been done. The only way it would work is if Parliament agreed to do away with that rule.

"Parliament does have the power to suspend rules. Whether they would in this case, remains to be seen. I'm just not aware of any precedent."

He added: "I think this is something that might gain momentum." Ms Webb also hit back yesterday at MPs who have criticised her for not lobbying harder to get her bill approved. She said: "I don't think it's a matter of lobbying. "I think you either support human rights or you don't. How can you lobby a conscience vote? It's nonsense."

She said it was up to members to research the subject. "Tell them to go on the internet. Talk to their constituents. Do whatever they like but don't use the cop out that they haven't been educated."