QUEENSLAND BRANCH COMMONWEALTH PARLIAMENTARY ASSOCIATION (QUEENSLAND BRANCH) REPORT ON TRAVEL The Westminster Seminar, London 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. Lindsay Hoyle 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 Montserrat 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 House of Lords 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 Brexit 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 backbencher. 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 Bill – 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 Lord Speaker. The Commonwealth and Brexit The day concluded with a “Davos-style” panel discussion in the Robing Room in the heart of the Palace of Westminster, 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. Hilary Benn 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, Natascha Engel 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 Gary Streeter 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 Surrey. 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 Scotland 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.