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The Table THE JOURNAL OF THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS EDITED BY LUKE HUSSEY VOLUME 88 2020 THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS HOUSE OF LORDS LONDON SW1A 0PW The Table 2020 ©The Society of Clerks-at-the-Table in Commonwealth Parliaments ISBN 0 904979 45 8 ISSN 0264-7133 CONTENTS Editorial 1 Archibald Milman and the evolution of the closure — Part 1: Origins to 1881 5 COLIN LEE Taking back control? Initiatives in non-government agenda control in the UK Parliament in 2019 55 COLIN LEE MICHAEL BERRY Interpretation in the Chamber 92 PENNY HART Miscellaneous notes 98 Comparative study: the regulation of member behaviour 154 Privilege 186 Standing orders 205 Sitting days 219 Unparliamentary expressions 222 Books on Parliament in 2019 236 Index 239 iii The Table The Journal of the Society of Clerks-at-the-Table in Commonwealth Parliaments EDITORIAL This year’s edition of The Table is an unusual one given it has been produced in the midst of a global pandemic and at a time when everyone has been focusing on supporting their institutions at a time of immense change. As such, although there are fewer articles than usual, I am most grateful to those who have found the time to make a contribution. The first article sees Colin Lee, a Principal Clerk in the UK House of Commons, bring to life the the development of the closure motion in the Commons from the perspective of Archibald Milman. Considered to be one of the most significant procedural developments of the late nineteenth century, Colin takes us through not only how the closure was introduced, but the alternatives which were considered and the debates—both private and public— which informed the development of the procedural changes. Colin Lee has provided a further article—this time in conjunction with Michael Berry, a clerk in the Legislation Office of the House of Lords at the time of the events—about the passage of non-Government legislation in the UK Parliament. Two bills in particular, which became respectively the European Union (Withdrawal) Act 2019 and European Union (Withdrawal) (No. 2) Act 2019, serve as a demonstration of Westminster taking back control from the Executive. Colin and Michael take us through the passage of both bills in both the House of Commons and the House of Lords, and the varying procedural hurdles that were overcome in the passage of these controversial and highly unusual pieces of legislation. The article also brings to bear the role of the closure motion in the Lords—defined in Standing Orders as “a most exceptional procedure”—had only successfully been passed seven times since 1900 until 4 April 2019, whereby six such motions were passed by the House in (moderately) quick succession in one sitting. On 4 September, a further six such motions were passed and added to the tally. The House has since agreed to remove the word exceptional from the Standing Orders. Penny Hart, Acting Editor of Debates in the Northern Territory Legislative Assembly, discusses the interpretation of languages other than English in the Legislative Assembly. The changes to the Standing Orders eventually enabled a member to be able to address the Chamber in his first language, and to be interpreted live. Penny walks us through this interesting development and the work involved in achieving this challenging feat. As ever, this edition also includes the usual interesting updates from 1 The Table 2020 jurisdictions and the comparative study on the regulation of the behaviour of members of Parliaments and assemblies towards staff, committee witnesses and others, and the processes for assessing complaints made about the behaviour of members. Once more, I am grateful to all those who have contributed articles, updates and reviews from the Commonwealth and hope it is as of much interest to you as it has been to me while compiling this edition. MEMBERS OF THE SOCIETY Australia House of Representatives David Elder retired in August 2019 as Clerk of the House of Representatives. On Mr Elder’s last day in the Chamber as Clerk, the Prime Minister moved a motion to place on record the House’s appreciation of his service to the Parliament. The question was debated and carried, with all Members standing in their places in support. The Deputy Clerk, Claressa Surtees, was appointed Clerk with effect from 12 August 2019. Ms Surtees is the first female Clerk of the House. New South Wales Legislative Assembly In March 2019 Carly Maxwell was appointed to the position of Clerk- Assistant, Table. In October 2019 the Clerk-Assistant, Committees and Corporate, Catherine Watson, finished work at the Legislative Assembly after 30 years of service to the Parliament of New South Wales. Victoria Legislative Assembly Bridget Noonan formally became Clerk of the Legislative Assembly on 4 January 2019. Bridget was sworn in December 2018 after she had previously been appointed Acting Clerk in September 2017 while Ray Purdey went on accumulated leave prior to his formal retirement date in January 2019. Victoria Legislative Council In July 2019 the Legislative Council decided to split the role of Assistant Clerk Procedure and Usher of the Black Rod into two separate roles. Consequently, Sally West joined the Victoria Legislative Council as the new Usher of the Black Rod. Richard Willis continues as the Assistant Clerk Procedure. Western Australia Legislative Council Suzanne Veletta resigned as Clerk Assistant (Procedure) in August 2019. 2 Editorial Sam Hastings was appointed as Clerk Assistant (House) in November 2019. Canada House of Commons Danielle Labonté and Scott Lemoine, both Deputy Principal Clerks, were appointed as Table Officers on 31 May 2019 on an acting basis for one year. Julie Geoffrion was promoted to the role of Acting Deputy Principal Clerk, and is currently assigned to the Committees and Legislative Services Directorate. Senate Phillippe Hallée was appointed as the tenth Law Clerk and Parliamentary Counsel of the Senate on 21 March 2019. British Columbia Legislative Assembly After being placed on administrative leave with pay on 20 November 2018, Craig James, Clerk of the Legislative Assembly, retired on 16 May 2019. Québec National Assembly Siegfried Peters, previously Director of Legal and Legislative Affairs and Parliamentary Procedure, was appointed Secretary General of the National Assembly of Québec on 22 October 2019. Mr. Peters replaced Michel Bonsaint, who left the National Assembly to act as Québec’s representative within Canada’s UNESCO delegation. Ariane Beauregard was appointed Director of Sittings and Parliamentary Procedure. Yukon Legislative Assembly Dr Floyd McCormick, Clerk of the Yukon Legislative Assembly since 31 March 2007 (and Deputy Clerk from 15 August 2001 until his appointment as Clerk), retired on 3 May 2019. Dan Cable was selected by the Members’ Services Board (a Standing Committee chaired ex officio by the Speaker) to be the new Clerk of the Yukon Legislative Assembly, as announced in a 5 March 2019 news release by Speaker Nils Clarke. Mr. Cable, who had worked in Yukon’s Department of Justice for 17 years, had served the last 13 of those years as the Department’s Director of Policy and Communications. After a brief period of overlap beginning 1 April 2019 with the outgoing Clerk, Mr. Cable officially assumed the responsibilities of Clerk of the Yukon Legislative Assembly on 4 May 2019. 3 The Table 2020 St Helena Legislative Council Connie C Johnson took up the role of Clerk of Councils on 11 November 2019, succeeding Anthea Moyce. United Kingdom House of Commons Sir David Natzler retired as Clerk of the House in March 2019 and was replaced by John Benger, previously Clerk Assistant. Sarah Davies was appointed as the new Clerk Assistant in April 2019. Paul Evans retired as Clerk of Committees with effect from September 2019 but continues to be involved in special projects. He was awarded a CBE in the Birthday honours list in June 2019. Paul was replaced by Tom Goldsmith, previously Clerk of the Foreign Affairs Committee. Philippa Helme retired as Clerk of the Table Office in May 2019. She was awarded a CB in the New Year’s honours list in December 2019. Philippa was replaced by Colin Lee, previously Clerk of Bills. Matthew Hamlyn, previously Clerk of the Overseas Office, was promoted to Strategic Director, Chamber Business Team. 4 Archibald Milman and the evolution of the closure—Part 1: Origins to 1881 ARCHIBALD MILMAN AND THE EVOLUTION OF THE CLOSURE—PART 1: ORIGINS TO 1881 COLIN LEE Principal Clerk, UK House of Commons1 Introduction Writing at the start of the twentieth century, Archibald Milman, then the clerk of the House of Commons, noted how the closure—a method for the House to terminate a debate once underway by decision on a motion—“originally brought into being to defeat the tactics of obstruction in special emergencies, has now become a part of parliamentary routine”.2 The closure has long been seen as perhaps the single most important procedural reform in the last two decades of the nineteenth century, but accounts have tended to concentrate on the proposals made to, and debated in, the House.