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Final Report 2020 (No. 1) _______________ PARLIAMENT OF TASMANIA HOUSE OF ASSEMBLY SELECT COMMITTEE ON THE HOUSE OF ASSEMBLY RESTORATION BILL Final Report ______________ MEMBERS OF THE COMMITTEE Ms O’Connor (Chair) Ms Dow Ms Haddad Hon. Ms Hickey Hon. Mrs Petrusma Mrs Rylah Table of Contents 1 BACKGROUND, APPOINTMENT, TERMS OF REFERENCE AND CONDUCT OF THE INQUIRY ...................................................................................................................... 4 1.1 Background ........................................................................................ 4 1.2 Appointment and Terms of Reference ............................................. 7 1.3 Conduct of the Inquiry ....................................................................... 7 2 FINDINGS AND RECOMMENDATIONS .................................................................. 8 3 THE BILL ................................................................................................................. 12 4 PREVIOUS INQUIRIES ........................................................................................... 14 4.1 The Beaumont Report - 1982 ............................................................ 14 4.2 The Ogilvie Report - 1984.................................................................. 14 4.3 The Morling Report - 1994 ................................................................ 16 4.4 The Nixon Report - 1997 ................................................................... 17 4.5 The Boyce Review - 2011 ................................................................... 18 5 FACTORS RELEVANT TO THE SIZE OF THE MEMBERSHIP OF THE HOUSE ...... 20 5.1 Adequate representation of the Tasmanian community: ............. 20 5.2 The ability of the House of Assembly to fulfil its Parliamentary functions effectively: ..................................................................................... 36 5.3 Effective scrutiny of government ................................................... 48 5.4 The size of the Ministry ................................................................... 58 6 FINANCIAL IMPLICATIONS OF THE BILL ............................................................. 71 7 ADDITIONAL PROPOSALS RECEIVED ................................................................. 93 7.1 Dedicated seats for Tasmanian Aboriginal People ........................ 93 7.2 Changes to the electoral system and boundaries ......................... 109 7.3 Informal Voting ............................................................................... 114 APPENDICES .................................................................................................................... 119 2 3 1 BACKGROUND, APPOINTMENT, TERMS OF REFERENCE AND CONDUCT OF THE INQUIRY 1.1 Background 1.1 The House of Assembly has historically had up to 38 Members. In the 163 year history of the House of Assembly there have been 30 or more Members for 142 years, including 35 or more Members for 81 years. 1.2 When the House of Assembly was reduced to 25 Members in 1998, its membership was reduced by almost a third. 1.3 In 1856, the Tasmanian population was approximately 65,000 with 45 Members of Parliament, including 30 in the House of Assembly. 1.4 Today, the Tasmanian population is approximately 534,000 with only 25 Members in the House of Assembly. 1.5 The House of Assembly, and the people of Tasmania, now have fewer elected representatives than at any time since the establishment of responsible government in 1856. 1.6 In addition, the Tasmanian Government has all the public service and Executive responsibilities as any other jurisdictions to fulfill. 1.7 Proposals to reduce the number in the House of Assembly from 35 to 25 were first floated in the 1982 election campaign. This followed a Royal Commission into the Tasmanian Constitution which did not consider there was any need to change the membership of either House.1 1.8 A brief history of the downsizing of the Parliament of Tasmania is as follows: In 1983 Liberal Premier Robin Gray established an advisory committee, which reported in 1984. The Ogilvie Report recommended against any reduction in the size of the Tasmanian Parliament. In November 1993 Liberal Premier Ray Groom introduced a pair of linked measures: a reduction in the House of Assembly from 35 to 30 members and a 40% salary increase for the remaining MPs. These issues were ‘untied’ during the parliamentary process and only the 40% pay rise was passed into law. 1 See Beaumont, B. A., Zines, L. R. & Fenton C. B. M. (1982), Report of the Royal Commission into the Constitution Act 1934 Tasmania. 4 In March 1994 Liberal Premier Ray Groom established a board of inquiry into the size of the Tasmanian Parliament which reported in June 1994. The Morling Report recommended against any reduction in the size of the Tasmanian Parliament. However Morling did suggest that if a reduction became an ‘imperative’ then reducing the Parliament from 54 to 44 members was possible. The proposed model was a single Chamber comprising 7 members from each of 4 Hare-Clark multi-member seats and 16 Members from single member seats. In October 1995 ALP Leader of the Opposition Michael Field introduced a bill to reduce the Parliament to 40 – electing 5 in each of the five Assembly seats and 15 MLCs. This bill lapsed. In April 1997 Liberal Premier Tony Rundle, in a document entitled Directions, proposed a referendum to effect the reduction in the size of Parliament from 54 to 44 members, using the model proposed by Morling. The proposed referendum failed. Several attempts were made during mid to late 1997 and early 1998 to reduce the size of the Parliament. These included a recommendation of the 1997 Nixon Report for a 27-member Parliament comprising 9 MPs elected from three seats. However these proposals bogged down because the Liberal Government’s 44-seat model was not compatible with the 40-seat ALP model. The Legislative Council did not support the 44 seat model and resolved in October 1997 that there should be 25 MHAs and no fewer than 15 MLCs.2 1.9 On 21 May 1998, the then Leader of the Labor Opposition, Hon. Jim Bacon MP, introduced the Parliamentary Reform Bill,3 which reduced the membership of the House of Assembly from 35 to 25 and the membership of the Legislative Council from 19 to 15. The Bill was defeated as the Liberal Government did not support it although one Government Member did cross the floor to support the Opposition’s proposal.4 1.10 On 13 July 1998, the then Liberal Premier, Hon. Tony Rundle MP, recalled Parliament for a special two-day sitting to rescind the vote on the Parliamentary Reform Bill, and to allow it to be reconsidered by the House of Assembly. 1.11 On 22 July 1998, the Parliamentary Reform Bill passed the House of Assembly with the support of both the Government and the Opposition. The following day, the Bill passed the Legislative Council and received Royal Assent on 27 July 1998. 2 See Parliamentary Reform – Downsizing Parliament, Tasmanian Parliamentary Library, last updated 12 July 2005. 3 No. 31 of 1998. 4 House of Assembly, Votes and Proceedings, 21 May 1998, pp. 112-3. 5 1.12 Premier Rundle called an election on 29 July 1998 which was held on 29 August 1998, where 25 Members were elected to the House of Assembly in a Labor Government. 1.13 In 2009, the Joint Select Committee on Ethical Conduct found restoring the numbers was worthy of further consideration. By September 2010, all political parties had made statements of support for restoration of the House of Assembly to 35 Members. 1.14 On 2 September 2010, the Leaders of the three political parties in Tasmania signed the Agreement for Parliamentary Reform, in which they each agreed to take to their respective party rooms the following resolutions: 1. Agree:- that the House of Assembly be restored to 35 members with seven members from each of the State’s five electorates; to support legislation that will restore the House of Assembly to 35 members at the next election made up of seven members from each of the State’s five electorates; to allow for public submissions on the proposal with details to be agreed. 2. Recognise that other parliamentary reform is more complex and requires greater community and parliamentary consultation and to that end agree to examine collaboratively the need for, and potential mechanisms to deliver, further reform which may include but not be limited to: political donations; candidate expenditure during elections; fixed terms of parliament; role and powers of parliamentary committees; code of conduct for all members of Parliament; declarations of conflicts of interest by members of Parliament; resources available to members of Parliament.5 1.15 In October 2010, Emeritus Professor Peter Boyce AO, was appointed to undertake a review of public submissions and to report to the House of Assembly during the first sitting week of 2011. 1.16 On 16 February 2011, before the review was tabled, the Liberal Opposition Leader, Hon. Will Hodgman MP, announced his withdrawal from the agreement, and the following day, the Labor Premier, Hon. Lara Giddings MP, also withdrew her commitment to restore the House of Assembly to 35 Members. 5 Agreement for Parliamentary Reform, signed by David Bartlett MP, Will Hodgman MP and Nick McKim MP on 2 September 2010. 6 1.17 On 22 November 2012, the Leader of the Tasmanian Greens, Nick McKim MP, introduced the Parliamentary Reform (Restore Assembly Numbers) Bill 2012,6 which would restore the House of Assembly to
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