Consideration of the Appropriation (Parliament) Bill 2014
Report No. 10 Committee of the Legislative Assembly July 2014
COMMITTEE OF THE LEGISLATIVE ASSEMBLY
Chair Hon Fiona Simpson MP, Speaker of the Legislative Assembly Members Hon Tim Mulherin MP, Deputy Leader of the Opposition Hon Tim Nicholls MP, Treasurer [Premier's nominee] Hon Annastacia Palaszczuk MP, Leader of the Opposition1 Mr Curtis Pitt MP, Manager of Opposition Business Hon Jeff Seeney MP, Deputy Premier Mr Ray Stevens MP, Leader of the House
Staff Mr Neil Laurie, Clerk of the Parliament Mr Michael Hickey, Director, Corporate and House Services Mr Michael Ries, Deputy Clerk Mr Karl Holden, Principal Research Officer Ms Andrea Musch, Executive Secretary
Contact details Committee of the Legislative Assembly Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3406 7586 Fax +61 7 3406 7691 Email [email protected] Web http://www.parliament.qld.gov.au/CLA
Acknowledgements The Committee thanks the Members of Parliament who attended the public meeting and asked questions of the Committee and the Parliamentary Service.
1 On 14 July 2014, the Leader of the Opposition appointed the Member for Redcliffe as her replacement for the public meeting on 16 July 2014, in accordance with Standing Order 202.
Contents
1 Chair’s Foreword 4
2 Introduction 5 2.1 Role of the Committee 5 2.2 Aim of this report 5
3 Consideration of the Estimates 6 3.1 Matters raised at the public meeting 6 3.2 Question on Notice 7 3.3 Tabled Documents 7
4 Recommendation 7
1 Chair’s Foreword
The Committee of the Legislative Assembly’s examination of the Budget Estimates for the 2014‐2015 financial year is summarised and presented in this report. The public examination of the areas which fall under the responsibility of the Committee takes place through the consideration of the Budget’s Estimates and occurs through a process of questions on notice and a public meeting. The Committee has made one recommendation as follows: . that the proposed expenditure, as detailed in the Appropriation (Parliament) Bill 2014 for the Committee’s areas of responsibility, be agreed to by the Legislative Assembly without amendment. I would also like to acknowledge the valuable assistance provided to the Committee by Parliamentary Service staff, and to thank the members of the Committee for their contributions throughout the year.
Hon Fiona Simpson MP Chair July 2014
2014 – 2015 Budget Estimates
2 Introduction
2.1 Role of the Committee The Committee of the Legislative Assembly (the Committee) is a statutory committee appointed by the Parliament of Queensland Act 2001 (POQA). Section 84 of the POQA outlines the Committee’s areas of responsibility as follows:
the ethical conduct of Members, except for matters that are considered by the Ethics Committee; parliamentary powers, rights and immunities; Standing Rules and Orders about the conduct of business by, and the practices and procedures of, the Legislative Assembly and its committees; and any other matters for which the Committee is given responsibility under the Standing Rules and Orders. The Committee has administrative functions under sections 5 and 6 of the Parliamentary Service Act 1988 which include deciding: policies about parliamentary accommodation and services; and major policies to guide the operation and management of the parliamentary service. In accordance with Standing Order 177(2), after its second reading, the Appropriation (Parliament) Bill stands referred to the Committee to conduct a public meeting and report. Standing Order 181A provides: 181A. Public Meeting Procedure In the Public Meeting regarding the Appropriation (Parliament) Bill: (a) the members of the Committee of the Legislative Assembly will take questions from any Member of the Legislative Assembly who is not a member of that Committee either on notice or at the public meeting; (b) the Clerk of the Parliament will also be present to take questions and may have advisers present to assist or to answer questions referred to them by the Clerk; and (c) a member may ask any question which is relevant to the examination of the Appropriation being considered.
2.2 Aim of this report The Committee considered the estimates referred to it by using information contained in: budget papers; evidence taken at the public meeting; and additional information given in relation to answers. This report summarises the estimates referred to the Committee and highlights some of the issues the Committee examined. Documents tabled during the public meeting and the Committee’s response to the question taken on notice at the public meeting are included in the apendicies of this report.
Committee of the Legislative Assembly 5 2014 – 2015 Budget Estimates
3 Consideration of the Estimates
On 2 April 2014, the Legislative Assembly set 16 July 2014 as the date of the Committee’s public meeting for consideration of the Appropriation (Parliament) Bill 2014. In accordance with Standing Order 177(2), the Appropriation (Parliament) Bill 2014 was referred to the Committee on 3 June 2014 for public meeting and report. On 16 July 2014, the Committee conducted a public meeting and took questions from Members of the Legislative Assembly. The transcript of the Committee’s public meeting can be accessed at http://www.parliament.qld.gov.au/work‐of‐committees/Estimates. The following table taken from the Appropriation (Parliament) Bill 2014 compares the appropriations for the Parliament for 2013‐14 and 2014‐15.
2013‐14 2014‐15 Appropriations $’000 $’000 Controlled Items
departmental services 79,830 84,089
equity adjustment (4,409) (2,039)
Administered Items 0 0
Vote 75,421 82,050 Source: Appropriation (Parliament) Bill 2014, Schedule 1, p. 6
3.1 Matters raised at the public meeting The following matters were the subject of Members’ questions at the public meeting: the activities, outputs and effectiveness of the portfolio committees system, in particular, its impact on community engagement and debates in the House; the Parliamentary Service’s staffing levels and arrangements; the cost to the Parliamentary Service of Parliament’s consideration of the Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013; the external use of the Parliament’s live and archived broadcasting of the Legislative Assembly and its committees; the activities undertaken to promote community awareness of, and engagement with, Parliament, in particular in regional areas; the security improvements to Parliament scheduled for 2014‐15; the briefings provided to students by Parliamentary Service staff in the foyer of the Parliamentary Annex; the digitisation of Hansard and the former Member’s database; the use of contractors to undertake work in the Parliamentary Precinct, including the security measures that are in place for contractors; the future of the Constituent Management System; the restoration of the stonework and internal painting in the Parliamentary Precinct; and the initiatives undertaken in relation to Parliament’s twinning arrangements with the Parliament of Papua New Guinea.
6 Committee of the Legislative Assembly 2014 – 2015 Budget Estimates
3.2 Question on Notice The Committee did not receive any questions on notice prior to the public meeting. One question on notice was taken at the public meeting. The Clerk’s letter to the Speaker and response to the question on notice is attached at Appendix 1.
3.3 Tabled Documents One document was tabled at the public meeting. A copy of this document is attached at Appendix 2.
4 Recommendation
This report sets out the Committee’s findings on the proposed expenditure contained in the Appropriation (Parliament) Bill 2014.
Recommendation 1 The Committee recommends that the proposed expenditure, as detailed in the Appropriation (Parliament) Bill 2014 for the Committee’s areas of responsibility, be agreed to by the Legislative Assembly without amendment.
Committee of the Legislative Assembly 7 2014 – 2015 Budget Estimates
APPENDIX 1
Letter from the Clerk of the Parliament to Madam Speaker with responses to the Question on Notice taken at the public meeting
Committee of the Legislative Assembly THE CLERK OF THE PARLIAMENT Parliament House Ph: 6~ 7 3406 7250 George Street Fax: 61 7 3221 7475 Brisbane Qld 4000 ® Queensland Parliamentary Service email; ClerllsOffice@partiamentqld .gov.au www.partiament.qld.gov.au
Your Ref: Our Ref:
18 July 2014
Hon Fiona Simpson MP Speaker of the Legislative Assembly of Queensland Chair of the Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000
Dear Madam Speaker
I write to provide information in response to certain matters raised during the public (estimates) meeting of the Committee of the Legislative Assembly (CLA) held on Wednesday 16 July 2014.
Question on Notice
There was one question taken on notice during the public meeting.
The question was from the Member for Bundamba, Mrs Jo-Ann Miller MP and related to costs associated with the time of the House in considering the Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013.
Ms Miller noted that:
" ... this Bill was introduced on Wednesday 16 October 2013 with a 7 minute speech from the Attorney General. Then there was a 42 minute debate and subsequent division over the urgency motion that accompanied that Bill.
Then there was a second reading debate on Thursday 17th October which started at midnight and went 2 hours and 7 minutes".
As I explained in the public meeting, any discussion regarding the "costs" of activities associated with the sittings of the House needs to take into consideration the different types of costs incurred by the Parliament and how/when these costs arise.
Many of the costs incurred by the Parliament are incurred irrespective of whether or not the Assembly is sitting. So for example, Parliamentary Security staff costs are incurred irrespective of whether or not the Assembly is sitting. Similarly, the cost of senior officers, such as myself, are fiXed and incurred irrespective of whether or not the Assembly is sitting and irrespective of how long the House is sitting.
There are of course additional costs incurred as a result of Assembly sittings, for example - • Member related costs (travel, allowances); • Accommodation and building utility costs (additional power, water etc); and • Overtime or "time-off in lieu" (TOIL) costs for certain Parliamentary Service staff that are required to attend to the sitting ( eg. for Attendants, Hansard, Table Office staff).
Correspondence to be addressed to: The Cleric: of the Parliament, Parliament House, Cnr Alice and George Sts, Brisbane QLD 4000 Australia Some of these additional costs are difficult to accurately quantify. In particular, some of these costs will remain constant regardless of how many hours are sat by the Assembly on each day. (I note that the introduction of the Bill and debate on urgency on Wednesday 16 October 2013 occurred during standard working hours.)
However, I believe the Member's question essentially went to what were the additional costs incurred for Parliamentary Service staff on the evening of Thursday 17 October 2013.
A review of additional staffing costs incurred on that evening indicate there were -
a) Direct costs incurred as a result of staff overtime for- • four (4) Attendants; • four ( 4) Catering staff; and • two (2) Parliamentary Reporting staff.
The total combined overtime cost for all these staff on that evening equated to approximately $529.66 ~ hour.
b) Indirect costs in the form of TOIL for certain staff that do not receive overtime - • two (2) Table Office staff (not senior officers); • nine (9) Parliamentary Reporting staff; and • the Serjeant-at-Arms.
The total combined cash equivalent value that TOIL for all these staff on that evening equated to approximately $1,071.51 per hour.
Thus the total direct and indirect costs for additional staffrng on the evening of Thursday 17 October 2013 would equate to approximately $1,601.17 per hour.
There is no real process for the delivery and distribution of questions taken on notice in the CLA public meeting. The process outlined for other estimates hearings in SO 183 are difficult to apply for the CLA. I suggest that, in accordance with last year's practice, this letter be distributed to the Member that asked the question at the meeting and that the letter be tabled with the Committee's report in due course.
Yours sincerely
..
1 Laurie he Clerk of the Parliament
Page2 2013 – 2014 Budget Estimates
APPENDIX 2 Document tabled at the public meeting Office of the Speaker Report July 2013 – June 2014
Committee of the Legislative Assembly The I Jonolll"abh: Fiona Simp~on MJ) Speaker of (_}uecnsland l ~arHamenl fuly 21113- lune 20H l ------·------~---·-·----·-~~· ~ Speaker's Update 2013 - 2014
Introduction
As the senior representative of the Parliament, the Speaker has many roles, including the "guardian of the rights, powers and inununities" of the Legislative Assembly, as described in the Parliamentary Seroice Act 1988.
While our parliamentary democracy may evolve, it should not be allowed to erode through lack of understanding. What people do not understand, they do not value, and what they do not value, they do not protect or promote.
Fundamentally then, education acts to protect parliamentary democracy and this role of educating members of the public, along with Members of Parliament, is a key aspect of the guardian role of the Speaker.
In addition, a lack of understanding of the role of the Speaker in the Queensland Parliament saw changes in the recent past which many believe are not in the best interests of Members, nor of the effectiveness of the Parliament as a whole.
I have therefore initiated or supported various public forums promoting civic engagement and education, including youth parliaments, leadership seminars and dialogues, and other educational opportunities. Due to reductions in what is now known as the Parliamentary Education and Communications Secretariat in the Parliamentary Service, the Office of the Speaker has taken on increased external engagement responsibilities.
I continue to provide educational resources and opportunities to Members to assist with their understanding of the Parliament and always welcome Members' inquiries. Working with the support of the Committee of the Legislative Assembly, we have also seen significant improvements in the last 12 months in the implementation of security infrastructure to protect the safety of MPs, their families, staff and the public.
I wish to acknowledge and thank my own staff in the Office of Speaker as well as the staff of Parliamentary Services. It has also been a pleasure working with MPs from across the political spectrum as we seek to serve the people of Queensland. We are all stewards of a valuable institution.
FIONA SIMPSON MP Speaker of the Legislative Assembly Member for Maroochydore
June 2014 Speaker's Update 2013-2014
Contents Introduction ...... 1
Contents ...... 2
Parliament for the People ...... 3
Continuous Improvement ...... 7
Growing substantial relationships ...... 8
Appendix 1: Speaker's Role & Responsibilities ..... 12
Appendix 2: Historic and Current Context...... 15
Appendix 3: Legislative Responsibilities ...... 17
June 2014 Speaker's Update 2013-2014
Parliament for the People The last 12 months have featured new and continuing initiatives from the Office of the Speaker which have intentionally positioned the Queensland Parliament to engage with the people of Queensland.
This has been achieved in part through education, invitation and thought leadership to prompt deeper conversations about why democracy matters.
The 2014 Lowy Institute Poll found that just 42% of young Australians 18-29 years of age, believe that 'democracy is preferable to any other kind of government'.
''What people don't understand they don't value. What people don't value, they won't promote or protect." - Speaker Fiona Simpson MP
Increasing understanding of why a Parliamentary Democracy matters is an important foundational tool to strengthening our society and building the long-term health of our democracy.
Over the last twelve months we have increased our community engagement initiatives with many levels of events and will continue to develop these over the next twelve months.
v if - - ' • ' :JI'" r
June 2014 Speaker's Update 2013 - 2014 -
In 2013/14 these have included
• Queensland Inspiring Women Awards providing
opportunities for Members from all sides of politics
to host constituents at Parliament House in
recognition of their contributions to Queensland.
• Visiting schools in different electorates and meeting
with school groups at Parliament House to talk about
why democracy matters to them
• Why Democracy Matters leadership dialogues
to engage with community leaders and emerging
leaders around parliamentary democracy
• Seniors Concerts with student performances¥ to allow
performance opportunities for state schools and
parliamentary engagement with Seniors¥ in
conjunction with local Members.
• Opinion Pieces in the Courier Mail and Brisbane Times to
encourage active citizenship.
• Twilight Toast to Parliament House- Heritage Week event
around the history of Parliament House¥ in conjunction with
Open House Brisbane.
June 2014 Speaker's Update 2013- 2014
• Inaugural Speaker's Art Prize to commission a
painting of our Parliament House and nurture the
arts community in Queensland. The winner of this
prize was Robert Brownhall. This beautiful artwork
will also be replicated for official gifts of the
Parliament.
• Youth Parliaments in Townsville and the Sunshine
Coast, organized by Parliamentary Services to
provide interactive educational opportunities.
• Regional events - school visits and women's
leadership dialogues to provide regional
engagement with parliamentary democracy, in
conjunction with local Members.
• Inaugural Parliamentary Oration for the public, with
guest speaker, Sir Leo Heilscher AO, sharing about the
economic development of Queensland.
In 2014/15 the Office of the Speaker will continue the successful initiatives from the last twelve months which have increased the engagement of people with the current Parliament and with ideas and concepts of parliamentary democracy.
June 2014 Speaker's Update 2013 - 2014
In addition, activities of the Office of the Speaker in the next twelve months will include:
• Future Leaders Lunches, to encourage student leaders to continue to contribute to civic life outside of structured leadership opportunities in school.
• Youth Parliament in Rock.hampton, with future locations as arranged by Parliamentary Services.
• Further regional engagement - a number of regional trips are scheduled to encompass many electorates in central, north and far north Queensland. These will provide opportunities for regional student engagement, leadership dialogues with young Queenslanders, and engaging with indigenous women.
• Development of educational resources for student engagement around why democracy matters, designed to be used in a variety of contexts.
The educational filrn_tl!Sourres Jlroduccd by Lhe Office ot' I he Speaker; on Why Democracy Matt ~.rs, w~re l'ecently di!>cu:osed by the l.uwy I nsl il-ut~, calling them (Ompdling .-md insightful.
R\!.3d more: nttp://WWW.I0\'1.'\'inlerpreler.or#
June 2014 Speaker's Update 2013- 2014
Continuous Improvement
• In collaboration with the Deputy Speaker, continue to lead, manage and develop the skills of the Temporary Panel of Speakers to provide consistent oversight of Assembly proceedings.
• Provide advice on request to Members of Parliament about their role.
• Development of general educational resources explaining principles behind various Standing Orders to aid increased understanding for Members of Parliament.
• Working with the Committee of the Legislative Assembly and the Clerk of Parliament to ensure ongoing upgrade of infrastructure and processes arising out of security reviews.
• Continue to advance public engagement with Parliament through new technology and traditional media.
• Expand our initiatives in regard to signature Parliamentary events which enhance Members' and public engagement with our Parliament.
• Create a living handbook for future Speakers to capture critical corporate knowledge about the role, legislative duties and parliamentary processes.
June 2014 Speaker's Update 2013 2014
Growing substantial relationships
Relationships with other states and countries have always been important to Queensland, and have become increasingly so in an interconnected and globalized world.
As the Speaker is the senior representative of the Parliament, regular opportunities are available to develop these substantial relationships. Courtesy calls with Ambassadors and delegations allow for constructive dialogue and promotion of Queensland. Through the inclusion of Queensland produce in gifts to dignitaries, local industry is promoted.
The State of Queensland, and the Parliament itself, have significant international relationships. These relationships are of mutual benefit to our trade agenda as well as culturally and socially to the people of Queensland.
These relationships are often expressed formally through a range of mechanisms such as Sister State or Assembly agreements, and twinning relationships.
Twinning relationships of the Parliament, such as with Vanuatu and Papua New Guinea, also provide the advantage of strengthening institutional integrity through exchanges involving mentoring and professional development of Members of Parliament and parliamentary officers.
June 2014 Speaker's Update 2013 • 2014
Vanuatu
During the last year~ the Queensland Parliament has hosted the Speaker1 Members and staff of the Vanuatu Parliament for training and briefings. In
addition1 staff from the Queensland Parliamentary Service have visited Vanuatu to conduct meetings and training with Parliamentary officers. In country training for Vanuatu Parliamentarians will be scheduled in consultation with both Parliaments.
.,
Two significant visits by the Speaker in 2013/14 were to Papua New Guinea and to Guangdong Province and Hong Kong Special Administrative Region of the People's Republic of China.
June 2014 Speaker's Update 2013-2014
Papua New Guinea
Leading a parliamentary delegation to Port Moresby in September 2013, the Speaker signed a Parliamentary Partnership Agreement between the Queensland Parliament and with the National Parliament of Papua New Guinea. The Speaker's Office produced a short video of this very special event available for viewing online here: http://vimeo.com/76937311
This partnership is recognition of our shared commitment to actively work together through such things as:
• Exchanges of information regarding the work of the two parliaments and on matters of common interest;
• Regular exchanges and dialogue regarding the training needs of parliamentarians and parliamentary staff leading to training activities between the parliaments that promote parliamentary development;
• Exchanges of visits between the two parliaments as a means of fostering links between parliamentarians and parliamentary staff; and
• Meetings between representatives of the parliaments at conferences or seminars they may attend.
In October 2014 a second delegation is scheduled to visit Papua New Guinea as part of the Parliamentary Partnership Agreement.
June 2014 Speaker's Update 2013 2014
People's Republic of China
The Speaker and a parliamentary delegation visited Guangdong in February 2014 consistent with the Friendship Agreement in place and to participate in educational briefings to improve understanding and enhance cooperation.
The Friendship Agreement was signed in 2008 between the Standing Committee of Guangdong Provincial People's Congress of the People1s Republic of China and the Queensland Parliament. Such agreements must be more than words; they must be affirmed through action such as mutual visits.
The Queensland Parliament had received a number of delegations from Guangdong during this term of Parliament, therefore a visit to the province demonstrated a commitment to cooperation from the Queensland Parliament,
During a meeting with the delegation on this trip, the Vice-Governor of Guangdong announced that Guangdong will open a Trade Office in Queensland. This will promote trade and tourism opportunities and the announcement received strong support from the Speaker, on behalf of Queensland.
June 2014 Speaker's Update 2013-2014
Appendix 1: Speaker's Role & Responsibilities The Speaker is the most senior role representing the Parliament on behalf of the people of Queensland. The most visible role is adjudication of debates in the chamber as presiding officer. However, the role outside of the Chamber is substantially more multi faceted.
Broadly these duties involve: • Upholding the powers, rights and immunities of the Legislative Assembly • Presiding in the Chamber over debate • Security and behaviour of all persons in the Parliamentary Precinct • Overseeing the operation and activities of the Office of Speaker • Maintaining updated knowledge of legislative program with briefings and advice on content of bills before the House • Maintaining updated knowledge of issues likely to provoke sub judice considerations • Responsibility for selection of Temporary Panel of Chairs • Training and continual education for Temporary Panel of Chairs • Presiding as Chairman of the Committee of the Legislative Assembly (largely non voting) • Educational support for Members of Parliament in parliamentary procedures • Media access for the Parliament • Representing the Parliament of Queensland at Community Engagement events, external official functions and community events • Commonwealth Parliamentary Association (CPA) Queensland Branch President • Supporting Queensland Parliament's twinned Parliaments and other CPA training programs • Hosting heads of mission, dignitaries, and other important visitors to the Parliament • Numerous legislative responsibilities under statute law • Employer of the Clerk under the Industrial Relations Act
These duties flow out of the functions of the Speaker which are outlined accordingly.
June 2014 Speaker's Update 2013 • 2014
Legal and Constitutional: Ensuring the integrity of the institution of Parliament
• At the core of the Speaker's role is their legal responsibility as the "guardian of the powers, rights and immunities" of the Legislative Assembly. There are also numerous other legislative responsibilities. • Ensuring that Members of Parliament have freedom of speech and the ability to perform their roles without threat of force or intimidation are just some of the parliamentary rights and immunities (also known as privileges) which the Speaker has responsibility to protect. • Members of Parliament are elected to speak on behalf of their constituents. If they do not have freedom of speech within Parliament, then it cannot exist elsewhere. That is why Parliament protects the right of orderly debate, so as to ensure it is not just the loudest voice, or the most numerous, that is heard. • This right to freedom of speech in a safe environment is also the reason the Speaker is in charge of security of the Parliament. Safety of the precinct is intricately linked with safety in the assembly and its committees. • Furthermore, as part of the constitutional role as guardian of these rights, the Speaker is involved in determining prima facie matters of privilege for referral to the Ethics Committee and is the external liaison with courts and law agencies regarding matters of parliamentary privilege.
Educational: promoting informed understanding of parliamentary democracy
• The educational function of the Speaker is also linked to the role as guardian of the powers, rights and immunities. Effective guardianship should focus on more than compliance, but also on education. • Thus, this requires the Speaker to be at the forefront of promoting parliamentary democracy and civic engagement. It is a simple truth that what people do not understand, they do not value, and what they do not value, they do not guard or promote. While our parliamentary democracy may evolve, it should not be allowed to erode through lack of understanding. Fundamentally then, education acts to protect parliamentary democracy. To assist with this, the Speaker is involved with various public forums promoting civic engagement and
June 2014 Speaker's Update 2013-2014
education, including youth parliaments, leadership seminars and other educational opportunities.
External Relations: the formal contact with official visitors and office holders
• The external relations role of Speaker goes beyond civic education and engagement. The Speaker is the Parliament's official contact with the Governor of Queensland. For example, during the opening of Parliament, a ceremony takes place involving the Speaker, the Governor and Members of Parliament which underlines this constitutional relationship. These formal relationships are more than symbolic as they serve both a constitutional function and serve to educate and explain more about our system of government. • In addition, the external relations role involves hosting visiting dignitaries from overseas countries, including elected officials and representative of the diplomatic corps who regularly visit the Parliament. •· The Speaker, as the Parliament's most senior representative, meets them on behalf of the State. These visits provide opportunities to promote the State, strengthen mutual understanding and establish deeper working relationships.
The Office of the Speaker is the administrative unit within the parliamentary service established to directly support the Speaker in performing the Speaker's functions, including by providing secretarial, administrative and executive support services. Staff in the Office of the Speaker function as a distinct unit who report directly to the Speaker, and whose employment is linked to the tenure of the Speaker, unlike other Parliamentary Service staff who have different employment arrangements.
June 2014 Speaker's Update 2013-2014
Appendix 2: Historic and Current Context
Historic Background Democracy means people having the right to govern themselves. In a parliamentary democracy, the people vote to elect representatives who make decisions about laws and services on their behalf which is what is meant by 11 11 the phrase: By the people, for the people, of the people •
While Queensland has only been a self-governing state with elections since 1860, the Parliament is based upon the Westminster system dating back to the 1200s and inherited as part of the British Commonwealth.
Thus the Speaker's role as part of our parliamentary democracy is an ancient one.
Originally, the Speaker acted as the King's spokesperson in the emerging parliamentary system. However, for the last 400 years the Speaker has been established as the Parliament's spokesperson to the outside world, including to the constitutional monarchy or their representatives.
The change in role from King's representative to parliamentary representative was a bloody and dangerous one. It resulted in the death of Speakers who conveyed unpleasant news or defied the King's will. This is why today new Speakers in the Westminster system are still ceremonially "dragged" to the chair upon their installation. It is a mock show of reluctance to acknowledge the peril of the role in history, even though there is no longer a threat of an angry monarch seeking to usurp parliamentary democracy.
Today the monarch1s role has assumed reserve rather than active powers of law making and become a safeguard against unconstitutional activity of government.
June 2014 Speaker's Update 2013-2014
Current Context
In the evolution of parliamentary democracy, there is recognition that the Speaker is chosen by the Parliament to act on behalf of the whole assembly, presiding over deliberations fairly and without favour.
It is a vital pillar of the Speaker's role to preside independently of the executive government or partisan interests and thus ensure the democratic principles of the assembly are protected. Titis also means the Speaker themselves must not be subjected to threats or coercion which could undermine the performance of their duties. Titis presents complexities. The Speaker is typically a senior government member with extensive parliamentary experience. Unlike the UK Parliament, Speakers in Queensland and other Australian jurisdictions continue to belong to their political party as there is no convention of their electoral seats being uncontested by political opponents.
Another complexity of the role is the relationship between the Speaker, Clerk and the Committee of the Legislative Authority (CLA) which have some overlapping responsibilities. Titis requires careful attention to avoid conflicts of roles, while ensuring there are still clear lines of authority and accountability.
Traditionally the Speaker acts like a minister of the Parliament with head responsibility and accountability over the Parliamentary precinct, services and office accommodation which support Members of Parliament in their duties. However, in Queensland, these responsibilities shifted to the Clerk of the Parliament and the CLA in August 2011. In May 2012, the Speaker was appointed as Chair of the CLA but with limited voting rights. The CLA consists of senior Members of the government or their delegates (Premier, Deputy Premier and Leader of the Government Business) and their Opposition counterparts. This arrangement heightens the importance of the role played by the Office of Speaker.
June 2014 Speaker's Update 2013 - 2014 -
Appendix 3: Legislative Responsibilities
Act or Bill Link to information
------.. --- .- -- ··------·-- ... -- · ------· -·· - -- - ·-- Auditor-General Act 2009 https://www.legislation .qld.gov.au/LEGISL TN/CURRENT/A/AuditGenAO 9.pdf ·tin 0s:OWWw.legistatlon.ald.gov~auti.EGisL TN!CuRRENTtA/AuditGenRo ~------Code Of Ethical Standards http:ljwww.parliament.gld.gov.au/documents/committees/CLA/2009/ CES2009.pdf :- Constitution Act'1867 hfios://wWw.leRTsiation.qld.gov.au/LEG1SL TN/CURRENT/C/ConstAl867.
------· ·------·------·- .. ~ --··-· --- ,. . -~- - -e9f_------. ------· ·- - -- - ·- -- --·- ·- ·--- Constitution Act Amendment Act 1890 https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConstA1890. J2Qf https:/twww.leglslatlon.qld.gov.au/LEGISLTN/CURRENT/C/CbnstAl934. ··: mtt ------Constitution of Queensland 2001 https://www.legislation.gld.gov.au/LEGISLTN/CURRENT /C/ConstofQAOl .pdf : :Crime and'COrruptiOn Acf'2001 https:Liwww.ierostatton.gtd.gov.a.u/LEGJsi.i'N/cuRRENT/clcrlmeandcai- rugtiot\f\Olle9!._ _. __ _ . . __ _ _ Crime and Corruption Regulation 2005 https://www.legislation.qld.gov.au/LEG ISLTN/CURRENT /C/Crimea ndCor ruptionROS.pdf · :CrirrJii'laJ code Act 1899 -httosil!www .tegis1ation.ard.-.gov:au!LE:cilsLTN/c'u ·R-RENTktcrlmincode. · efl!_ Criminal Code amendment PEil!erijrat'Att'lm-· ---- -hf.t0s://www]elifsfation.ald.-gov.auAeGisLrN/CURRENfiEti!lectoraiA92 ~ • -~
------· -·------~- ·-- -- Financial Accountability Act 2009 https:ljwww.legislation.gld .gov.au/LEGISLTN/CURRENT /F/FinAccou ntA 09.pdf htt.Ps:t/w:WW:\eglslation~9tC!.ioit~~~u-A£(;t$iTNiCURRENT/i=/FinAccountR 09.pdf ··- - - Financial and Performance Management https:ljwww.legislation.gld.gov.au/LEGISLTN/CURRENT/F/FinAccPManS Standard 2009 1Q.i..n,i1f :;In/iiiiruitioliiiiiViitYAcfiiiii9 - t_l!tn!tii/www.:!eglSillrrcn.ql d .gov:au/LEGJSL TN/CURRENT /1/lnfoP rl\1Ao9 .p Qf - -·· Information Privacy Regulation 2009 https://www.I egis Iation. gld .gov. au/LEGISL TN/CURRENT /1/1 nfoPrivR09. p df .https~//wwW.Ieglslation.gld.gov.au-/LEGisLTN!CURRENT/r/JntegritvAri9~ -
~ - - Integrity Regulation 2011 https://www.I egis Iation. gld .gov. au/LEGISLTN/CURRENT /1/1 ntegrityR 11. m;!f http:/lintranet!ServiceArea-s/derk/Doc-uments/Members%2mnformati . on~QMjnuatpdf . _ . _ _ _ _. _ __ Member's Remuneration Handbook http://www.parliament.q ld.gov.au/documents/Members/entitlements/ Remuneration%20Haqdbook. pdf ~Jtt~Vtw ww IeRi.Slill.km·§[email protected]/LEGISLTN!CURRENT/0/0mbudsAOl. ~ - - - Parliamentary Service Act 1988 https:ljwww.legislation.qld.gov.au/LEGISL TN/CURRENT /P /ParliServA88. J2Qf -·httos:7/www.legisiatiorl:aii.i.gov .alitt'EciisrrN"ieuR.ReNrii>/i>arliser-Vei3: .,eg{ - - . -. --··-··- ·- .. - . . - Parliamentary Service Rule 2010 https:ljwww.legislation.q ld.gov .au/LEGISLTN/CURRENT /P /ParliServRu 1 O.pdf ' ,Parliament ofQueensland Act2001 -tittps:liwww:iegtslation.CIId:i;ov.a-uilEaisirNtcliRR{NriPtP June 2014 Speaker's Update 2013 - 2014 Parliamentary Procedures Handbook http://www.premiers.gld.gov.au/publications/categories/policies-and codes/handbooks/parl-proc-handbook.aspx https:ilww.N:Ieiiistatlon:atd.gov.au/iEGtSLTNtCuRRENTiPZPliblntoisA:i- .9.!.I.W.f_ .. . . - --· -.. - .. . .. -- .. - ...... - .. .. Public Service Ethics Act 1994 https:l/www .legislation .gld.gov.au/LEGISLTN/CURRENT /P /Pu bllcSecEth A94.pdf httos:tlw.NW .I egrsi~it1on ~c!"rc1.8o~~au!le6isL1-N{culiRENi/i> iP:uhilcsecEth ---~w_.odf . .. -.------. - -- -·-·---- ·--- - Register ofMember's Interests http:ljintranet/ServiceAreas/Cierk/Pages/Register-of-lnterests.aspx 1 Right ttf/njorm·atlon Act 2009 n~ / lww-..l.!f:gi'ililtJtn..gtd.gov.auiLEGISLTN/CURRENT /R/RighttnfuA09 .pdi Right to Information Regulation 2009 tlttDs://www.IPgi.Siatlc(l,qld.gov.au/LEGiSLTN/CURRENT/R/RightinfoR09 r-·-- -,·.···------.-·- --. ·--·-·:-··-· ··-- .pdf . 'Sttlndlrig' Rules ond OrderS of the nttp./lwww.parl•arow ;g[d.gov.aul documents/assembly/procedo.resist ~:<.~R{$_~~em_~!Y... anaingRule5&0fd9J'S...E!i( ______. _ Financial delegations lrtto:l/i(l!r!lnet/SetvlceAreas/FinanceAndAdmin/Documents/Forms/AIIIt ems.aspx Financial guidelines http:ljwww .parliament.gld.gov.a u/docu ments/Members/entitlements/ Speakers%20Guidelines.pdf June 2014