QUEENSLAND BRANCH

COMMONWEALTH PARLIAMENTARY ASSOCIATION

(QUEENSLAND BRANCH)

REPORT ON TRAVEL

The Westminster Seminar, 21-25 November 2016

Introduction

The annual Westminster Seminar is CPA UK’s flagship capacity-building programme for parliamentarians and procedural and committee Clerks from across the Commonwealth. Every year the five-day programme provides a unique platform for its

participants to meet their counterparts and explore parliamentary democracy, practice and procedure within a Westminster framework, and share experiences and challenges faced in their parliamentary work. This year the programme will facilitate rigorous discussions on the continuing evolution of best practice within a Westminster-style framework, as adapted across the Commonwealth.

Persons attending

The following persons attended from the Queensland Branch:

• Ms Di Farmer MP, Deputy Speaker, Queensland Parliament • Mr N Laurie, Clerk of the Parliament and Honorary Secretary Queensland Branch

The CPA activity undertaken and program

Formal workshops, plenary sessions and tours were held between 21 and 25 November 2016.

Detailed below is a description of each session. We acknowledge the use of daily summaries provided by the UK CPA secretariat in the compilation of the information in the descriptions below.

Westminster Seminar 2016: Day 1

The seminar was formally opened by the Deputy Speaker and Chairman of Ways and Means, Rt Hon. MP.

In his opening he stressed the importance of the seminar in bringing together parliamentarians and clerks from across the Commonwealth, and praised the work of CPA UK.

An overview of the breadth of this year's participants was clear, as delegates then introduced themselves, saying where they were from and their role. We have around 70 clerks and parliamentarians present, representing everywhere from Australia to St Helena, and to New Zealand.

Common challenges

The first formal session, chaired by Rt Hon. David Hanson MP, was a chance for delegates to hear an overview of the current challenges facing the Westminster system.

Lord Lisvane KCB DL, former Clerk of the Commons and now a Crossbench (independent) Member of the noted the similarities faced by parliamentarians across the Commonwealth, such as balancing constituency work with scrutinising and holding account the Executive. He also noted the particular challenges facing the UK Houses of Parliament, notably dealing with and undertaking the renewal and restoration of Parliament.

The next speaker, Rt Hon. Cheryl Gillan MP, has spent time on both the backbenches and frontbenches of Parliament and welcomed the freedom of being a . She noted that, due to recent tragic events, the security and safety of MPs was now a key priority for parliaments to grapple with.

Mrs Gillan also provided an overview of how Parliament has modernised in recent years, with, for example, the election of Select Committee Chairs, the change in sitting hours and the use of new technologies.

Legislative issues

The next session, chaired by Lord Bowness, gave delegates a chance to discuss some of the key building blocks of the legislative process. Liam Laurence Smyth, the Clerk of Legislation in the Commons, reminded participants that there are three types of – Public, Private and Hybrid. He gave a useful overview of the legislative process, noting recent changes, such as the introduction of “EVEL” – English Votes for English Laws.

Christine Salmon Percival, the Deputy Head of the House of Lords Legislation Office, gave the perspective of the Upper House in the legislative journey. She noted that Peers were not subject to as stringent “whipping” as their counterparts in the Commons, and reminded participants that Peers do not have the power to block Bills entirely.

The final speaker in this session was Elizabeth Gardiner from the Office of the Parliamentary Counsel, the body which has responsibility for drafting primary legislation. She set out a vision for “good law”, remarking that proposed legislation should be accessible, necessary, clear, coherent and effective.

Parliamentary administration

The final plenary session of the day was an opportunity to discuss the important issue of the administration, finance and governance of Parliament. Chaired by former Deputy Speaker Nigel Evans MP.

The keynote speeches came from the senior Clerks from both Houses – David Natzler from the Commons, and David Beamish from the Lords.

Mr Natzler, echoing the comments earlier in the day of his predecessor Lord Lisvane, noted the twin challenges facing the Commons of Brexit and the restoration and renewal of Parliament. He stressed the importance of the autonomy of the Commons, and gave a reminder that the roles of Clerk and Chief Executive had recently been split.

Moving to the Upper House, Mr Beamish focused on the self-regulatory aspect of the House of Lords and gave an overview of recent changes, such as the introduction of the position of .

The Commonwealth and Brexit

The day concluded with a “Davos-style” panel discussion in the Robing Room in the heart of the , on the topic of The Commonwealth and Brexit. Chaired by Rt Hon. David Hanson MP and held under the Chatham Rule, it was a chance for a lively discussion on the challenges and opportunities posed by the recent EU referendum.

Three panellists participated: Baroness Smith of Newnham; Chair of the Committee on Exiting the EU, Rt Hon. MP; and Hon. Ryan Callus MP from Malta.

Westminster Seminar 2016: Day 2 Report

This day was split into two parallel sessions – one for parliamentarians and one for clerks.

Parliamentarians Session

The day began with a session on the role of MPs, chaired by the Shadow Leader of the House, Valerie Vaz MP, alongside Conservative Stephen Hammond MP and the SNP’s Tasmina Ahmed-Sheikh MP.

A wide-ranging discussion took place, looking at the varied aspects of an MP’s work, including the importance of representing both constituency and constituents, the role in developing legislation, and the vital need for proper scrutiny of the Executive.

The opposition

The next session focused specifically on the work of opposition MPs. Chair of the session, Liberal Democrat MP Rt Hon. Tom Brake MP gave an overview of the different ways in which opposition MPs can challenge and scrutinise governments, such as through asking parliamentary questions, raising points of order, and tabling amendments to Bills.

Opposition Whip Nick Smith MP looked at the specific role of committees such as the Public Accounts Committee in holding the Executive to account, whilst the SNP’s Kirsty Blackman MP raised the issue of the funding of opposition parties.

Ms Blackman stressed the importance of opposition MPs acting in a collegiate way where possible, working to amend and improve legislation, rather than opposing for opposition’s sake.

Parliamentary business

Former Lord Speaker Rt Hon. The Baroness Hayman GBE chaired a session looking at the process of organising parliamentary business. She was joined by three MPs with great expertise in parliamentary business – former Deputy Leader of the Commons, Chris Bryant MP, Deputy Speaker and former chair of the Backbench Business Committee, MP, and veteran backbencher who recently had a short spell as Shadow Leader of the Commons, Paul Flynn MP.

Mr Bryant voiced concerns about the rise in the use of secondary legislation, which is usually subject to less parliamentary scrutiny than primary legislation, whilst Mr Flynn gave an explanation of the work of the Shadow Leader of the House.

Ms Engel looked at the way in which sitting hours of Parliament have changed over the past twenty years, but suggested they should now be described as “sensible hours” rather than merely “family friendly hours”, arguing that better and more sensible hours led to better lawmaking.

Ensuring discipline

There was an interesting session on the often secretive world of the Whips Office, from Deputy Chief Whip Rt Hon. Anne Milton MP and her opposite number from the Labour Party Rt Hon. Alan Campbell MP.

Both MPs provided an overview of the work of party whips, highlighting the breadth of their responsibilities, including the fact that they increasingly have to play a human resources role in overseeing the wellbeing of their MPs.

Legislative procedures

The afternoon session began with a detailed discussion on the role of committee stage in amending legislation, and the importance of pre-legislative scrutiny, chaired by MP.

David Lloyd gave an overview of the House of Commons Scrutiny Unit, whilst Marek Kubala, the Clerk of Divisions, explained the work of Public Bill Committees and the importance of keeping amendments within the scope of a Bill.

Finally, an academic perspective on committee stage came from Dr Louise Thompson from the University of . She noted that Public Bill Committees should not just be viewed a place for tabling amendments, but also for probing, testing, seeking clarification, and putting points of view on the record.

Committee work

The day concluded with a chance to discuss the vital work that members of select committees can undertake in scrutinising the Executive. Chair of the Business, Energy & Industrial Strategy Committee Ian Wright MP and member of the Home Affairs Committee Tim Loughton MP both brought their expertise and experience to the discussion.

They noted the importance of cross-party consensus in agreeing committee reports and explained that much of the committee business was vital “under the radar” work, rather than the headline-grabbing hearings that some committees are known for.

The Secretary General of the Commonwealth, Patricia QC, attended the last part of the session. She stressed the key role that parliamentarians can play in helping the Commonwealth prosper and tackle global issues such as corruption and climate change.

Clerks

A separate programme was held for clerks, with topics covering the role of clerks in select committees, in developing legislation, in parliamentary procedure, and in maintaining standing orders.

Participants also discussed key issues such as relations between clerks and members, and the sources of legal advice.

Westminster Seminar 2016: Day 3

The day began with an exploration of the ways in which parliamentarians can make their voices heard in parliament. This included the use of written and oral questions, adjournment debates and the Backbench Business Committee.

Participants heard from the Chair of the Charles Walker OBE MP, the SNP’s MP, and the Clerk of the Backbench Business Committee, Mike Hennessy.

Mr Hennessy reminded delegates of the sheer volume of questions that were tabled every week, and stated that around 180 applications for backbench business debates were tabled annually. He also noted the recent rise in the number of requests for Urgent Questions approved by Mr Speaker, up from around eight or nine every session a decade ago to around 40 now.

Prime Minister’s Questions

Participants were shown a live stream of Prime Minister’s .

To give participants a behind-the-scenes look at PMQs, a presentation came from the Prime Minister’s Parliamentary Private Secretary (PPS), George Hollingbery MP.

Mr Hollingbery explained how the Prime Minister, HonTheresa May prepares for PMQs, looking at the key issues that are likely to be raised.

He was joined by Rt Hon. David Hanson MP, who performed the same role for former PM . Mr Hanson argued that there are three key audiences for PMQs, namely TV viewers, journalists, and – most importantly – Members of Parliament.

Making Parliament accountable

Delegates discussed issues around parliamentary ethics and standards, chaired by Rt Hon. Sir Kevin Barron MP, who chairs the Committee on Standards and the Committee of Privileges which, since 2013, have been two separate organisations. He noted that new rules on standards were often drawn up in the wake of a scandal, such as “Cash for Questions” in the early 1990s, or the MPs’ expenses scandal of 2009.

Dr Lynn Gardner, the Clerk of the two committees explained their workings, and the fact that the Committee on Standards contains non-voting “lay members”, who are not MPs.

The Chair of the Committee on Standards in Public Life, Lord Bew, provided an overview of the work of his committee, which was formed in 1994. He reminded delegates that, although the committee is funded by government, it acts on an independent basis. He also listed the Seven Principles of Public Life – namely selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

The session’s final contributor was Kathryn Hudson, currently serving as Parliamentary Commissioner for Standards. She explained how her role involved ensuring that the Code of Conduct for MPs was upheld, including maintaining the Register of Members’ Interest.

Speaker’s role

The next session looked at the important role of the Speaker. Former Deputy Speaker of the House of Commons, Rt Hon. Sir Alan Haselhurst MP gave an overview of the historical development of the position of Speaker, reminding delegates of the quote by Speaker Lenthall (Speaker in the 17th Century) on the independence of the role – “I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here”.

Sir Alan was followed by Rt Hon. Baroness D’Souza CMG who, until earlier this year, was the second person to hold the role of Lord Speaker since its creation in 2006. She gave a passionate defence of the House of Lords, saying that, although the House is a strongly self- regulating Chamber, the Lord Speaker should be a spokesperson and ambassador for the House.

Hon. Leonne Theodore-John raised the specific issues faced by Speakers of very small legislatures.

Keeping informed

The day’s final session, chaired by Jo Churchill MP, looked at the role that parliamentary research and information services play in supporting the work of MPs.

Martin Leay explained the work of the Parliamentary Research Service, which is a pooled research facility for opposition Labour MPs in the Commons to help them with their parliamentary and constituency work.

Penny Young from the House of Commons Library promoted the work of the library service in providing briefings for MPs, around a thousand a year. She stressed the importance of maintaining the library’s position as a highly trusted brand among parliamentarians.

Finally, Dr Chandrika Nath, Director of the Parliamentary Office of Science and Technology (POST) told delegates of the work of her department in promoting evidence-based research. She highlighted some recent examples, including genome editing, quantum computing and preventing extremism.

Seminar 2016: Day 4

The day began with a session on education and outreach, chaired by MP, who was a member of the Speaker’s Commission on Digital Democracy.

Ms Hillier explained some of the findings of the Commission, including a call for online voting to be available by 2020, and making broadcast footage of parliamentary proceedings freely available.

David Clark, the Head of Education and Engagement for both Houses gave delegates some sobering statistics, such as the fact that 67% of the public don’t feel they know about what Parliament does.

The session concluded with a presentation from Education Manager Daniel Gallacher who explained the background to and development of the Education Centre. He revealed that around 400 children visit the centre every day.

Media engagement

Former BBC and STV journalist MP chaired a wide-ranging session on parliamentary partnership building, particularly with the media, but also with NGOs and the public.

He stressed the need for a strong and independent press, on a local, regional and national level. He also noted that one of the ways that Parliament was increasingly appearing in the media was through the increased powers of select committees, and the number of high- profile witnesses they question.

To give the parliamentary perspective we were joined by Sophia Linehan who heads up the House of Commons Media Relations Team, which receives around 2,500 media enquiries a year.

She highlighted the balance between reactive work – such as rebutting inaccurate stories – and proactive work, seeking outlets to highlight good work being done by and in Parliament. She also gave delegates an overview of recent examples of filming in Parliament, for documentaries and films.

Susan Elan Jones MP focused on the partnership work that Parliament carries out with charities, highlighting the work of the All Party Parliamentary Group on Charities and Volunteering, which she chairs.

Finally, we had a second presentation from David Clark, this time focusing on public engagement. He gave specific examples of how Parliament tries to engage with local communities, such as the “Parliament in the High Street” programme.

Parliament in action

To get a sense of the day-to-day workings of Parliament, delegates then split into smaller groups to watch Parliament in action. Delegates viewed the Commons, the Lords, MPs' parliamentary offices, and the Hansard Office.

In the afternoon session, delegates debated in a Westminster-style Chamber the motion “Legislatures should adopt quotas to give greater priority to increasing the numbers of women and people from ethnic minority backgrounds among elected members of Parliament”. Ms Di Farmer had the Honour of Chairing this session assisted by Liam Laurence Smyth, Clerk of Legislation in the House of Commons, for being the Clerk.

After an opening statement in support of the motion from UK MP Gavin Shuker MP, passionate speeches were given on both sides of the argument. In the end, the motion was defeated by 23 votes to 13.

Westminster Seminar 2016: Day 5

This day was one of 13 Fridays every year when the House of Commons sits to debate and consider Private Members’ Bills, and so the session today focused on the specific role of in bringing in legislation.

The first session gave an overview of private members’ legislation, chaired by Andrew Stephenson MP, the Parliamentary Private Secretary to the . He brought to the Seminar his experience of private members’ legislation, having tabled legislation in 2011 calling for the prosecution to have the right of appeal if a judge bails an offender. Although the legislation wasn’t successful, he noted how the government looked to take his concerns on board as part of government legislation.

Kate Emms, the former Clerk of Private Members’ Bills then gave an overview of the different options available to backbenchers to bring in legislation in the House of Commons, namely Ten Minute Rule Bills, Presentation Bills and Ballot Bills. She also noted how some major pieces of legislation, such as on legalising abortion, decriminalising homosexuality and banning fox hunting, had started life as private members’ bills. The final speaker was Crossbench Peer Baroness Young of Hornsey OBE, who is currently steering legislation on Modern Slavery – specifically on Transparency in Supply Chains – through Parliament. She stressed the importance of maintaining dialogue with the government and fellow parliamentarians to ensure success of a Private Member’s Bill.

(The CPA UK has recently launched a major two-year project with the to tackle the scourge of Modern Slavery, by working with parliamentarians across the Commonwealth to introduce legislation along the lines of the UK’s Modern Slavery Act 2015.)

After the theory, there were breakout sessions looking at backbench legislation.