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Moving Towards the Entrenchment of Parliamentary Committees (Neil

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Moving Towards the Entrenchment of Parliamentary Committees (Neil 49TH PRESIDING OFFICERS AND CLERKS CONFERENCE WELLINGTON 8 – 13 JULY 2018 ** Paper to be presented by Neil Laurie Clerk of the Parliament, Queensland Moving towards the entrenchment of parliamentary committees Moving towards the entrenchment of parliamentary committees 2018 celebrates the 30th anniversary of the re-introduction of parliamentary committees in the Queensland Parliament. Committees went into abeyance in the Queensland Parliament from 1922 when the Legislative Council was abolished and it became unicameral until 1988 with the introduction of a Public Works Committee. The Committee system was overhauled in 2011 into a comprehensive, modern system. Further reforms in the 55th Parliament have moved Queensland closer to entrenching committees as an integral part of the parliamentary process; especially as regards the consideration of legislation. Some history re the Queensland committee system From its commencement in 1860 the Queensland Parliament had a very active committee system. Bills were regularly considered by committees and other issues, such as state development projects, were the subject of extensive inquiry.1 From the commencement of the 20th century, coinciding with the rise of political parties, committees went into decline. Only a handful of select committees (excluding domestic committees) were established after 1904 (apart from a brief period of increased committee use from 1912 to 1914, during the 19th Parliament). There were no select committees established after 1915. In 1922 the Legislative Council was abolished. This was also the effect death-knell for committees. Apart from domestic committees (the Library Committee, Refreshment Room Committee, Privileges Committee and Papers Committee etc.) there was not a single select committee established between 1915 and 1974. A Subordinate Legislation Committee was established in 1975 (and continued in successive parliaments) and there was an Education Committee during 1978 and 1979. It is noted that this period saw long term governments from both sides of the political divide. Governments of both persuasions did not want committees. In 1983 the Coalition Government (National Party and Liberal Party) split. One of the significant issues underlying the split was attempts by a reform group (“ginger group”) within the Liberal Party to establish a Public Accounts Committee (PAC). On 4 August 1983 Ian Prentice MP moved a motion to bring forward debate on motions to establish a PAC. While the establishment of the committee had been approved by resolution at a Liberal Party convention, it was strongly opposed by then Premier Hon Jo Bjelke-Petersen MP. Liberal Party Leader and Deputy Premier, Hon Lew Edwards MP did not want a PAC voted on out of a concern that the vote would damage the coalition. Hon Terry White MP, a Liberal minister of the government, crossed the floor to vote against the government in favour of debating the establishment of a PAC and was 1 For a full history see Committee System Review Committee Report: Review of the Queensland Parliamentary Committee System December 2010 http://www.parliament.qld.gov.au/documents/committees/CSRC/2010/QldParlCtteeSystemReview/rpt-15Dec2010.pdf Particularly Appendix F – Historical list of committees of the Queensland parliament Moving towards the entrenchment of parliamentary committees Page 1 subsequently sacked by Sir Llewellyn Edwards. Soon after White successfully contested the Liberal Party leadership. Despite White’s appointment Bjelke-Petersen refused to work with him on the grounds of his previous record of disloyalty to the government. An early election was called in October 1983 after which the Nationals (with the aid of some liberal defectors) governed in their own right. Government did not want parliamentary committees. The modern committee system in Queensland has its origins in the matters uncovered by the Fitzgerald Inquiry (1978-1989). For those unfamiliar, the Fitzgerald Inquiry started as an inquiry into police misconduct (essentially whether police were involved in protecting illegal prostitution, gambling etc.) and ended in reviewing the accountability of government generally. The Fitzgerald Report was tabled in July 1989. In relation to parliamentary committees, the report stated: “There is a need to consider introducing a comprehensive system of Parliamentary Committees to enhance the ability of Parliament to monitor the efficiency of Government.”2 The first PAC was actually established before the before the Fitzgerald Report was tabled, the Public Accounts Committee Act 1988 being introduced by Hon Mike Ahern, the Premier who succeeded Hon Jo Bjelke-Petersen, and was Assented to on 18 November 1988. The establishment of this committee essentially marks the commencement of the development of the modern parliamentary committee system. From 1988 to 1995 there were a number of “function-oriented” committees created or continued: • Public Accounts Committee • Public Works Committee • Parliamentary Criminal Justice Committee/Parliamentary Crime and Misconduct Committee • Parliamentary Committee for Electoral and Administrative Review / Legal, Constitutional, Administrative Review Committee • Travelsafe Committee • Scrutiny of Legislation Committee • Members’ Ethics and Parliamentary Privileges Committee • Standing Orders Committee However, it cannot be said that at this time the Fitzgerald Report’s vision for a “comprehensive system of committees” had been fulfilled. There was no committee system that covered the field of Government activity. For example, there was no ‘health committee’ or ‘education committee’, yet health and education accounted for well over 50% of government budget expenditure. Indeed, the Health Systems Review in September 2005 proposed that a parliamentary committee established under the Parliament of Queensland Act 2001, oversee the operation of a Health Commission.3These recommendations were not followed by government. 2 Fitzgerald report, page 371. 3 Queensland Health Systems Review tabled September 2005 http://www.parliament.qld.gov.au/documents/tableoffice/tabledpapers/2005/5105t4447.pdf Moving towards the entrenchment of parliamentary committees Page 2 Queensland still failed international benchmarks for democracy in relation to its committee and legislative system. For example, the Commonwealth Parliamentary Associations Benchmarks included: • 3.2.1 There shall be a presumption that the Legislature will refer legislation to a committee, and any exceptions must be transparent, narrowly-defined, and extraordinary in nature. • 3.2.2 Committees shall scrutinise legislation referred to them and have the power to recommend amendments or amend the legislation. The reality is that the committee system that was in operation until 2011, whilst doing some valuable inquiries, had very little connection with the Assembly. For example, in the decade between 2000 and 2010: • There were 502 committee reports • There were 20 referrals by House to committees • Only 4 bills were scrutinised by committee beyond “technical scrutiny” by the Scrutiny of Legislation Committee (Fundamental Legislative Principles “FLPs”) • There was only 45 minutes of formal consideration in the Legislative Assembly of 3 of 191 “inquiry reports” (less than 2%) In 2009 some new select committees were established that moved Queensland closer to a more comprehensive committee system. Four select committees were established: – Economic Development Committee – Environment and Resources Committee – Law, Justice and Safety Committee – Social Development Committee In 2009, in response to some integrity issues regarding lobbyists and a former Minister, the Premier’s Integrity and Accountability Review was established. There were many submissions to this review that called for the reintroduction of Upper House. There were other submissions that called for a new committee system. As a result, in 2010 the Parliamentary Committee System Review Committee was established. That committee recommended a new committee system that became the foundation for Queensland’s current portfolio based committee system. 4 Former legislative system It is now necessary to digress to talk about the former legislative system in Queensland. Prior to 2011, the process of considering legislation in the Legislative Assembly was antiquated and inadequate. Essentially the steps in considering bill in the Legislative Assembly were as follows: 1. Bills were introduced and underwent their First Reading (no debate) 2. The Minister would then move the Second Reading, making their introductory speech and immediately moving the adjournment of debate 3. A bill could not, absent an urgency order, be further debated for seven calendar days 4 Committee System Review Committee Report: Review of the Queensland Parliamentary Committee System December 2010 http://www.parliament.qld.gov.au/documents/committees/CSRC/2010/QldParlCtteeSystemReview/rpt-15Dec2010.pdf Moving towards the entrenchment of parliamentary committees Page 3 4. The second reading debate would then recommence. Given the limited time available between the introduction of the bill and the second reading, and the overall quantity of legislation, it was hardly surprising that members generally were not as across the detail of the bill as they should have been. Much fell to the Shadow Opposition Spokesperson to talk to stakeholders and get a grasp on the policy inherent in the bill. There was no transparency in the system, stakeholders spoke to Shadow Ministers, Ministers or the relevant Department
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