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The Table, Volume 84, 2016 VOL. 84 FOR 2016 T H E J O U R N A L O F T H E S OC I E T Y O F C L E R K S - AT- T H E - TA B L E I N COMMONWE A LT H PA R L I AME N T S VOLUME 84 2016 £15.00 Journal of the Society of Clerks-at-the-Table in Commonwealth Parliaments Please check colours, board and finish with Kinnaird marketing Green and red should match Vol.75 2007 edition???? The Table THE JOURNAL OF THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS EDITED BY NICOLAS BESLY VOLUME 84 2016 THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS HOUSE OF LORDS LONDON SW1A 0PW 019 The Table v3.indd 1 24/10/2016 13:34 ©The Society of Clerks-at-the-Table in Commonwealth Parliaments 2016 ISBN 978-0-904979-41-4 ISSN 0264-7133 019 The Table v3.indd 2 24/10/2016 13:34 CONTENTS Editorial 1 English votes for English laws 9 MATTHEW HAMLYN Parliament of Canada: balancing security and access 20 MARC BOSC Archibald Milman and the 1893 Irish Home Rule bill 28 COLIN LEE A Companion to the history, rules and practices of the Legislative 64 Council of the Hong Kong Special Administrative Region SIR MALCOLM JACK The Secondary Legislation Scrutiny Committee of the House of 66 Lords: reflections 12 years after its establishment PAUL BRISTOW Miscellaneous notes 76 Comparative study: accountability of heads of government 115 Privilege 134 Standing orders 156 Sitting days 169 Unparliamentary expressions 171 Books on parliament in 2015 180 Index 183 iii 019 The Table v3.indd 3 24/10/2016 13:34 019 The Table v3.indd 4 24/10/2016 13:34 The Table The Journal of The Society of Clerks-at-the-Table in Commonwealth Parliaments EDITORIAL This edition of The Table opens with an article by Matthew Hamlyn, the Clerk of Bills in the UK House of Commons, about new procedures in that House called “English Votes for English Laws” (EVEL). The procedures are designed to answer the decades-old “West Lothian question” about devolution—the apparent disparity that, for example, an MP representing a constituency in England has no say over the health service in Scotland (it being a matter devolved to the Scottish Parliament) but an MP representing a constituency in Scotland has a full say over the health service in England. In the morning after the Scottish people voted to remain part of the United Kingdom in September 2014 the then Prime Minister undertook to implement EVEL. The mechanism was new House of Commons standing orders. These created new stages during the passage of a bill designed to ensure that where a bill (or provisions in a bill) affects only England (or only England and Wales) then the bill should proceed only if it has the consent of MPs representing constituencies in England (or England and Wales), as well as the consent of all MPs. The above is a simplified description. The new standing orders are extremely complicated. Thankfully Matthew Hamlyn’s article is a model of clarity. In the second article the acting Clerk of the Canadian House of Commons, Marc Bosc, describes the administrative response to the terrorist attack on the Canadian Parliament in October 2014. In what has become a depressingly familiar sequence, the shock and grief which followed the attack was followed by consideration of how to bolster security to try to prevent a repeat. In the Canadian case it meant streamlining the four previous services that had been responsible for security on Parliament Hill. A new Parliamentary Protective Service was created in statute, bringing together the parliamentary and government security forces. The tightening of security had to be balanced against the important objectives of maintaining public access and not hindering members’ work. The next article is the second by Colin Lee, a Principal Clerk in the UK House of Commons, about Archibald Milman. It follows the article in the last edition about Milman’s initial career, including his time as second Clerk Assistant. That article described Milman’s impatience with the tactics of obstructionism by late- 19th-centuty Irish MPs, and his central role in establishing procedural devices to overcome it. These themes continue in this edition’s article, which focuses on Milman’s time as Clerk Assistant. The article details events during Gladstone’s 1 019 The Table v3.indd 1 24/10/2016 13:34 The Table 2016 second Home Rule bill in 1893. Obstructionist tactics by opponents of the bill meant that the procedural devices Milman was so instrumental in creating became prominent. A hapless deputy speaker and a restless House culminated in uproarious claims of bias on the part of the Clerk Assistant, with accusations that the deputy speaker was a puppet unwittingly furthering his aims. All is told in this absorbing read. Sir Malcolm Jack, the Clerk and Chief Executive of the UK House of Commons from 2006 to 2011, writes about a project he was closely involved in to rewrite the companion to the rules and procedures of the Hong Kong Legislative Council. The Legislative Council has existed since the mid-19th- century. Today its membership comprises directly elected representatives and representatives of sectoral interests. In other jurisdictions those two sets of representatives might be in different Houses, but the Legislative Council is unicameral. This uniqueness is reflected in its procedures, making the work of comprehensively documenting them all the more important. Finally, Paul Bristow, an adviser to the House of Lords Secondary Legislation Scrutiny Committee, reflects on the first 12 years of that committee. The committee is tasked with scrutinising around 1,000 statutory instruments that are laid before the UK Parliament each year. It performs an invaluable role in identifying which instruments are particularly important, controversial or defective, thus guiding the House as to where it might focus its scrutiny. The committee has grown in significance over its 12 years, and has adapted its working methods to new procedures for delegated legislation and the increased spotlight that has been cast on this area—as recounted in the article. This edition contains a bounty of interesting updates from various jurisdictions, including explanations of how each legislature holds the head of government to account. The editor hopes the volume makes for useful and entertaining reading, and is much indebted to all contributors. MEMBERS OF THE SOCIETY Australia New South Wales Legislative Assembly Mark Swinson retired as Deputy Clerk of the Legislative Assembly of New South Wales on 29 January 2016. Mark began his service in the Parliament by joining the Legislative Council in 1979. During his time in the Council Mark was Usher of the Black Rod (1986–88), Clerk-Assistant (1988–89) and Deputy Clerk (1989–90). In 1990 Mark was appointed as Deputy Clerk of the Legislative Assembly. Among his many achievements during his time as Deputy Clerk, Mark played a major part as assistant editor of the first edition ofNew South Wales 2 019 The Table v3.indd 2 24/10/2016 13:34 Editorial Legislative Assembly Practice, Procedure and Privilege (2007); he was central to adapting public-sector frameworks to the corporatisation and management of the Assembly; and he had a leading role in establishing the Australia and New Zealand Association of Clerks-at-the-Table (ANZACATT) in 2001, serving on the inaugural Executive Committee and later becoming the association’s president. South Australia House of Assembly David Pegram was promoted to Deputy Clerk with effect from 30 March 2015. Tasmania House of Assembly Peter Alcock resigned as Clerk of the House in order to retire. Shane Donnelly was promoted to be Clerk of the House. Laura Ross was promoted to Deputy Clerk. Stephanie Hesford was promoted to be Clerk-Assistant and Sergeant- at-Arms. Todd Buttsworth was appointed as Second Clerk-Assistant. Victoria Legislative Council Andrew Young formally became Clerk of the Legislative Council in July 2015. The Assistant Clerk–Usher of the Black Rod, Dr Stephen Redenbach, went on accumulated leave at the end of August 2015. During this time Richard Willis assumed the position of Assistant Clerk Procedure and Usher of the Black Rod, and Michael Baker was appointed Acting Assistant Clerk–Committees until 1 September 2016, when Dr Stephen Redenbach returns. Western Australia Legislative Council In May 2015 Dr Paul Lobban resigned as Usher of the Black Rod. Following a brief period acting in the position, Grant Hitchcock was appointed Usher of the Black Rod in July 2015. On 12 August 2015 Her Excellency the Governor of Western Australia advised the Legislative Council that she had terminated the commission of Nigel Lake, former Deputy Clerk of the Legislative Council. Her Excellency’s actions related to an address by the Legislative Council pursuant to recommendation 1 of Legislative Council Procedure and Privileges Committee report 36: Nigel Rodney Lake—Deputy Clerk of the Legislative Council. Mr Lake had been an employee of the Parliament of Western Australia since 1989. Following a period as Acting Deputy Clerk, Paul Grant was commissioned by Her Excellency the Governor of Western Australia as Deputy Clerk of the Legislative Council in October 2015. Following a period as Acting Clerk Assistant (Committees), Suzanne Veletta was appointed as Clerk Assistant (Committees) in the Legislative Council. 3 019 The Table v3.indd 3 24/10/2016 13:34 The Table 2016 Dr Colin Huntly has rotated from Clerk Assistant (Committees) into the role of Clerk Assistant (Procedure). Canada House of Commons On 30 October 2015 Audrey O’Brien, the Clerk of the House of Commons, announced that she would not be returning to her duties and that she would retire at the end of the calendar year.
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