Keeping the Executive Honest: The Modern Legislative Council Committee System – David Clune Department of the Legislative Council NSW part one A COMMEMORative MONOGRAPH: Part One of the Legislative Council’s Oral History Project Marking 25 years of the committee system in the Legislative Council President’s foreword Over recent decades we have witnessed the increasing importance of parliamentary committees in systems of government across the world. This trend is especially evident in the NSW Legislative Council, where committees are pivotal to the effective governance of this State. It is appropriate then that we commemorate the 25th anniversary of the establishment of the Council’s first Standing Committees, an event that was not only seminal in enhancing Parliamentary democracy in New South Wales but has influenced developments in other states. The Legislative Council’s commemorative monograph: Keeping the Executive Honest draws on the memories of five former Members who were integral to the establishment of the modern committee system in the Council: Max Willis, Liz Kirkby, Lloyd Lange, John Hannaford and Ron Dyer. Dr Clune’s monograph locates the genesis of the committee system in the momentous reforms to the Council in 1978 when, for the first time, Members were popularly elected. The Council’s renaissance continued with its transformation to a full time House and the advent of its modern committee system in 1988. Keeping the Executive Honest is the first instalment of the Legislative Council’s Oral History Project. I look forward to future monographs which will explore many other fascinating aspects of the history of Australia’s first Parliament, as remembered by the very people who have shaped its evolution as a dynamic institution of deliberative democracy. Don Harwin MLC President Marking 25 years of the committee system in the Legislative Council Preface This publication is based on interviews with former Members of the Legislative Council who were involved with the establishment of the first Standing Committees. They were conducted by Mr David Blunt, the Clerk of the Parliaments, and Dr David Clune, formerly the NSW Parliament’s Historian, in Parliament House between May and July 2013: • The Hon Ron Dyer – Monday 6 May 2013 • The Hon Elisabeth Kirkby – Friday 10 May 2013 • The Hon William Lloyd Lange – Wednesday 5 June 2013 • The Hon Max Willis – Friday 7 June 2013 • The Hon John Hannaford – Tuesday 16 July 2013 Details of the interviewees’ background and Parliamentary service are provided in Appendix A. The Appendices were prepared by Alex Stedman and Emma Rogerson of the Legislative Council staff and Members’ photographs taken by Sam Griffith and Samantha Brown. The original Hansard transcripts have been edited to eliminate extraneous material and repetition and to enhance clarity and readability. All direct quotes are from these transcripts. The complete edited transcripts will be made available on the NSW Parliament’s website as part of the Legislative Council’s ongoing oral history project. 1 President’s foreword IFC Preface 1 Historical background 4 Scrutiny in the pre-reconstitution Legislative Council 6 The beginning of a committee revival 14 The Select Committee on Standing Committees of the Legislative Council 18 The Social Issues and State Development Committees 21 The Law and Justice Committee 27 The General Purpose Standing Committees 29 The modern Legislative Council committee system 33 Reflections and evaluations 35 Sources and further reading 40 Appendix A: Biographical details on the interviewees and their careers 43 Appendix B: List of inquiries of the Standing Committees on Social Issues, State Development and Law and Justice 62 Appendix C: List of Members who have served on the three Standing Committees 70 2 Keeping the Executive Honest 3 Historical background By the 1970s, an indirectly elected Upper House was widely seen as an unacceptable anachronism. It was stigmatised as a “House of geriatrics”. Reform The NSW Legislative Council has sometimes been characterised as a staid, was strongly advocated by Neville Wran, ALP Premier from 1976-86. Many immutable institution. In reality, nothing could be further from the truth. conservatives accepted that change was inevitable but disagreed with the details Throughout its life the Council has constantly changed its nature and reinvented of Wran’s proposals. After much negotiation and compromise, the Opposition itself. It came into existence in 1823 to give the colonists a voice in the agreed to a reconstitution of the Council which was overwhelmingly approved government of New South Wales, although largely in a tokenistic sense. Twenty at a referendum in 1978. It provided for a House of 45 Members directly elected years later it became Australia’s first representative legislative institution, with under a proportional representation system with one third retiring at each the majority of its Members elected. With the advent of responsible government general election. The first popular election for the Council in 1978 initiated the in 1856, the Legislative Council became a House of Review. Members were transition and after the 1981 and 1984 polls all MLCs were directly elected. As a nominated by the Governor, initially for five years then for life. consequence of the Council becoming fully elected, MLCs were paid a full time salary from 1985. Although the Council on the whole used its power to amend or defeat legislation moderately, conflict with governments was inevitable. The most serious Further change came under Nick Greiner, Liberal Premier from 1988-92. confrontations were with Jack Lang, Labor Premier from 1925-7 and 1930-2. The size of the Council was cut to 42 and the term of office reduced to In 1926, Lang introduced an Upper House Abolition Bill which was defeated. eight years. A consequence of these changes was that the quota required for In response, the incoming Nationalist Government legislated in 1929 to provide election was lowered, thus increasing the likelihood of independent and minor that abolition of the Council or alteration of its powers must be approved by a party representation. The Greiner Government’s proposals were passed at a referendum. After Lang returned to office in 1930 he again unsuccessfully tried referendum held concurrently with the 1991 election. No Government has had a to abolish the Upper House. In 1933, United Australia Party Premier Bertram majority in the Council since 1988, with the balance of power being held by the Stevens (1932-9) oversaw constitutional changes which reconstituted the crossbenches. From 1999 to 2003, there were 16 Government, 13 Opposition Council into a House of 60, indirectly elected by the Members of both Houses. and 13 minor party and independent MLCs. Members of the Legislative Council (MLCs) had a 12 year term, with one The transformation of the Council into a fully elected, full time House led to quarter retiring every three years. The role was regarded as part time and MLCs another major change, the advent of an effective committee system. In 1988 were paid an allowance rather than a full salary. Although it sounds a reactionary the first Standing Committees, Social Issues and State Development, were system, the aim was to produce a less party-dominated chamber than the Lower established, followed by the Law and Justice Committee in 1995. It was the House. It was also hoped to attract Members with a wide range of expertise who beginning of a renaissance for the Legislative Council which has seen it become were not willing or able to become full time politicians. The reality was that a powerful instrument for scrutinising the executive and holding it accountable the Council did often operate in a partisan way, though less overtly than the to the electorate. Assembly. In terms of the quality of Members, to use a cricketing analogy, there were some outstanding batsmen at the top of the order but a fairly long tail. 4 Keeping the Executive Honest 5 Scrutiny in the pre-reconstitution Legislative Council comes to mind, Fred Bowen, the President of the Trades and Labor Council. He was an absolute expert and his relationship at a Ministerial level with the Max Frederick Willis joined the Parliamentary ranks of the Liberal Party in the Premier of the day and the Minister for Labour and Industry, who happened Legislative Council in 1970, followed four years later by William Lloyd Lange. at that time to be my brother Eric, was very close. Both experienced the pre-reconstitution Upper House in action. Lloyd Lange Max Willis recalls that seniority and unwritten conventions of behaviour meant sees it as a very different institution but not without its strengths: much in the old Council: I would have to say that the opportunity to have significant personalities It was considered not good form to make your maiden speech too early. and successful professional and business people in the House, as there was I made mine 12 months after I came into the House. Today that would at that time, has changed. I think it is much more a party House than be regarded as quite tardy, but at the time I remember Sir Hector Clayton it was previously. I was forewarned of that by a former Minister, Mac saying to me in the courtyard one day: ‘I hear you are making your Hewitt, who was one of the Ministers when I arrived. He thought that maiden speech next week, Willis. Umm, you know in my day it wasn’t making it more of a party House would only lead to deterioration of the considered good form to make your maiden speech in under three years. calibre of the Members, and I believe that has happened. They may not You really need to get to know the place’. agree but that is what I perceive from the outside.