VOL. 86 FOR 2018 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 C OMMONWE A LT H PA R L I AME N T S VOLUME 87 2019 £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 LUKE HUSSEY VOLUME 87 2019 THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS HOUSE OF LORDS LONDON SW1A 0PW The Table 2019 ©The Society of Clerks-at-the-Table in Commonwealth Parliaments 2019 ISBN 0-904979-44-X ISSN 0264-7133 CONTENTS Editorial 1 Archibald Milman and the failure of supply reform 1882-1888 7 COLIN LEE Queen's Consent 35 ANDREW MAKOWER Uncharted territory: Ontario and the notwithstanding clause 45 JOCELYN MCCAULEY Is the official Opposition official? 49 MICHAEL TATHAM The provision of security in the legislative precints in Ontario 57 WILLIAM WONG Foreign allegiances and the constitutional disqualification of members 62 CATHERINE CORNISH The Electoral Boundaries Bill in Yukon 71 LINDA KOLODY Miscellaneous notes 77 Comparative study: the role of the Opposition 138 Privilege 180 Standing orders 197 Sitting days 215 Unparliamentary expressions 218 Books on Parliament in 2018 230 Index 248 iii The Table The Journal of the Society of Clerks-at-the-Table in Commonwealth Parliaments EDITORIAL This year’s edition of The Table first sees Colin Lee, a Principal Clerk in the UK House of Commons, consider the challenges faced at Westminster in the 1880s of reforming Supply proceedings (the method by which the House of Commons made provision for the statutory authorisation of public expenditure subject to annual control). In a period of great reform for other aspects of House of Commons procedures, the article considers why reforms to Supply faltered, and why they were needed in the first place. This is done by way of the analysis of the problems and the contributions to the response to them by Archibald Milman, Second Clerk Assistant in the Commons from 1871 and Clerk Assistant from 1886, in his fifth appearance in this publication. Andrew Makower, Clerk of Legislation in the UK House of Lords (and a former editor of this Journal), writes about Queen’s Consent. Last considered in The Table for 1952, the article provides a welcome update on what happens when a bill approaches Third Reading and Clerks have to determine whether it touches The Queen’s prerogative or interests in such a way that She should be asked to place them at Parliament’s disposal for the purposes of the bill. The article considers the procedure, the practicalities and whether Consent is simply now a formality. Jocelyn McCauley, a Committee Clerk in the Ontario Legislative Assembly, provides an article about the attempts by the government of Ontario to change the City of Toronto’s electoral structure during the campaign period for elections to that City’s council. Toronto’s municipal election is the fourth largest in North America, behind Los Angeles, Mexico City and New York, and larger than most provincial and territorial elections in Canada, and this article considers the legislative attempts to change the number of wards during the campaign, the role of the Speaker, the interpretation of the Canadian Charter of Rights and Freedoms, and the court cases instigated as a result of the government’s approach. In a prelude to this year’s comparative study, Michael Tatham, Clerk of the Legislative Assembly of the Northern Territory of Australia, writes about the challenges faced in that Assembly of who could form an official Opposition. The 2016 General Election in the Northern Territory returned more non-party Members who could not form a government than Members of a political party who also could not form a government. The article considers the role of the Opposition in the Assembly, the benefits of being deemed the Opposition, and 1 The Table 2019 the steps taken to determine who should be considered it. William Wong, Deputy Parliamentary Counsel in the Ontario Legislative Assembly, writes about the history of the provision of security for the Assembly in Ontario, and the evolution from the use of the Ontario Provisional Police to the establishment of the Legislative Protective Service, moving responsibility for its operations from the Executive to the Legislature. The article considers the incidents, reviews and case for changing how the Assembly was protected, as well as the evolving responsibilities of the Speaker in this regard. Catherine Cornish, Clerk Assistant (Procedure) in the Australian House of Representatives, discusses the impact of section 44 (i) of the Constitution of Australia on the House of Representatives as it brought about five by-elections in 2018, on the back of two in 2017 (as reported in last year’s edition of The Table). Section 44 (i) forbids any person who is subject or citizen of a foreign power from being chosen or sitting as a senator or a member of the House of Representatives. The provision had been rarely engaged until mid-2017, and Catherine considers why it has now become such an issue, the impact of the by- elections on the House of Representatives, and the steps that have since been taken to address the problem. Linda Kolody, Deputy Clerk in the Yukon Legislative Assembly, writes the final article of this year’s journal recounting the curious incident of the Government Caucus in the Yukon Legislative Assembly voting as a bloc to defeat the motion for Second Reading of a Government Bill, and explores why they ended up taking such a step. As ever, this edition also includes the usual interesting updates from jurisdictions and the comparative study on the role of the official Opposition in assemblies, the definition of such a group, the rights of the Opposition and the support—financial or otherwise—provided to the official Opposition by parliamentary authorities. It also includes reviews of books which, in their own way, explain the history and practices of the UK Parliament. Charles Robert, Clerk of the Canadian House of Commons, considers in detail Essays on the History of Parliamentary Procedure, in Honour of Thomas Erskine May (edited by Paul Evans), a collection of seventeen essays by current and former Westminster clerks, as well as academics, which explore Erskine May’s career, the history of the Treatise which bears his name, the history of the Standing Orders of the House of Commons and the reform and development of parliamentary practices during May’s professional life and beyond. Matthew Hamlyn, a clerk in the UK House of Commons, reviews Exploring Parliament (edited by Cristina Leston-Bandeira and Louise Thompson), and Ayeesha Bhutta, a clerk in the UK House of Lords, reviews the eighth edition of How Parliament Works by Robert Rogers and Rhodri Walters (edited by Nicolas Besly, former editor of The Table, and Tom Goldsmith). Both books are designed to be textbooks 2 Editorial aimed at explaining how Westminster works to students of British politics, as well as to all who need, and want, to know more about both the House of Commons and House of Lords in the UK. I am grateful to all those who have contributed articles, updates and reviews from the Commonwealth and hope it makes for interesting reading. MEMBERS OF THE SOCIETY Australia Senate John Begley was appointed Usher of the Black Rod/Chief Operating Officer on 17 September 2018. The former Usher of the Black Rod, Brien Hallett, commenced a period of leave on 31 July 2018 pending his retirement on 22 January 2019. Australian Capital Territory Legislative Assembly Max Kiermaier retired as Deputy Clerk and Sergeant-at-Arms. Julia Agostino was appointed in January 2018 as his replacement. Hamish Finlay was appointed to the position of Manager, Committee Support Office, replacingAndrew Snedden. New South Wales Legislative Assembly In February 2017 Helen Minnican was appointed as Clerk of the Legislative Assembly. Leslie Gonye was appointed as Deputy Clerk, after acting in those roles since September 2016. South Australia House of Assembly Paul Collett retired in October 2018, having joined the House of Assembly in 1995, and served in multiple roles including Serjeant-at-Arms since 2005 until his formal retirement in January 2019. Victoria Legislative Council Andrew Young, Clerk of the Legislative Council, became Clerk of the Parliaments after a period as Acting Clerk of the Parliaments. This occurred upon the end of a period of accumulated leave for the former Clerk of the Parliaments and Clerk of the Legislative Assembly, Ray Purdey. Canada House of Commons On 8 February 2018, Maxime Ricard was appointed Acting Deputy Principal Clerk (without Table duty) in the Parliamentary Information Directorate until 29 June 2018. 3 The Table 2019 On 12 February 2018, Michelle Tittley, Acting Deputy Principal Clerk (without Table duty) assumed new responsibilities as Manager, Planning and Advisory Services, with Finance Services. On 3 July 2018, Suzie Cadieux was promoted to the role of Acting Deputy Clerk (without Table duty). Ms. Cadieux is currently assigned to the Committees and Legislative Services Directorate for the period of one year. Senate Nicole Proulx, Interim Clerk of the Senate and Clerk of the Parliaments, retired in January 2018, and was replaced in that role by Richard Denis, who had served as Deputy Law Clerk and Parliamentary Counsel in the House of Commons. Marie-Ève Belzile, who was previously a Procedural Clerk in the Committees Directorate, was appointed Deputy Principal Clerk, Committees Directorate in March 2018.