Bills Digest No. 118 2004–05
Parliamentary Service Amendment Bill
2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Conflict of Interest
Purpose
Background
Main Provisions
Comparative Approaches
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Parliamentary
Service Amendment Bill 2005
Date
Introduced: 9 March
2005
House: Senate
Commencement:
Royal
Assent
Conflict of
interest
The Bill concerns the future
structural arrangement of the parliamentary information and
research service under the auspices of a Parliamentary Librarian.
As employees of the Information and Research Services Group of the
Parliamentary Library, the preparation of this Bills Digest raises
a conflict of interest. Every effort has been made to canvas the
range of issues generated by the Bill and we have referred to the
approach taken by other jurisdictions. We are grateful to the three
external readers who have provided an additional perspective. We
appreciate the generous gesture of Professor George Williams,
Director, Gilbert + Tobin Centre of Public Law, Faculty of Law,
University of New South Wales, Professor John McMillan,
Commonwealth Ombudsman and Ms. Lorraine Weinman, Legal Library
Adviser and former Principal Librarian, Commonwealth
Attorney-General s Department in providing critical comment on this
publication.(1)
The purpose of the Bill is to create a statutory position of
Parliamentary Librarian and to set out the functions, resourcing
and reporting obligations of the position.
The Bill was previously introduced on 21 June 2004. However,
with the prorogation of the 40th Parliament, the Bill lapsed. A
Bills Digest was prepared on the previous version of the Bill, the
Parliamentary Service Amendment Bill 2004.(2)
The President of the Senate reintroduced the Bill on 9 March
2005. The Bill was unchanged from the previously introduced
version. However, several amendments to the Bill were moved by the
Leader of the Opposition in the Senate, Senator Chris Evans on 10
March 2005. The amendments broadened the range of professional
qualifications and experience considered relevant for applicants
for the position of Parliamentary Librarian, specifically referred
to the Parliamentary Library as an entity assisting the
Parliamentary Librarian and give statutory backing to the Security
Management Board, which provides advice on security matters within
the parliamentary precinct to the Presiding Officers.
The Parliamentary Library was established in June 1901. The
Joint Library Committee was appointed in June 1901 to supervise the
Library of the Commonwealth Parliament. The Public Service Act
1901 recognised the Library as a separate Department of State
under its own Permanent Head, the Parliamentary Librarian. Like the
Joint House Department, it was jointly controlled by the Senate s
President and the House of Representative s Speaker
respectively.
The Bill is the response to the recommendations of the
Review by the Parliamentary Service Commissioner of aspects
of the administration of the Parliament, (more popularly
known as the Podger report ) in respect of the creation of the role
of Parliamentary Librarian.(3) The Podger report stated
that the amalgamation of the three service provision departments
(the Department of the Parliamentary Reporting Services, the
Department of the Parliamentary Library and the Joint House
Department) would deliver cost efficiencies, while not impinging on
the independence of the chamber departments or adversely affecting
the services provided to senators and members.(4) In his
report, Podger detailed the history of the amalgamation
proposals.(5) The report emphasised that the
[amalgamation] option would need to be implemented in a way that
would protect the independence of the Librarian .(6)
The Podger report noted that:
The Parliamentary Librarian could act as the
executive manager of the library function, with independence from
the Departmental Secretary in respect of the Library s confidential
and impartial client service functions.(7)
The Podger report made four recommendations in relation to the
structure of the parliamentary departments and the role of the
Parliamentary Library within an amalgamated structure. Those
recommendations were:
Recommendation 5.1: The position of Parliamentary
Librarian be established at a senior level within the amalgamated
service provision Department.
Recommendation 5.2: The independence of the
Parliamentary Library be granted by Charter from the Presiding
Officers.
Recommendation 5.3: The independence of the
Parliamentary Library be reinforced by strengthening the current
terms of reference for the joint Library Committee.
Recommendation 5.4: The resources and services to
the Library in the amalgamated department be specified in an annual
agreement between the Departmental Secretary and the Parliamentary
Librarian, approved by the Presiding Officers following
consideration by the joint Library Committee.(8)
Recommendations 5.1 and 5.4 are matters which have been
addressed in the Bill. Recommendations 5.2 and 5.3 are matters to
be pursued by the Presiding Officers and the Library
Committee.(9)
The Podger report noted that the provision of non-partisan
advice and services is:
a requirement of the Parliamentary Service Values,
which is reinforced by the core Library personal values of
professionalism, confidentiality, impartiality and
integrity.(10)
The Podger report considered whether the independence of the
Library itself should be protected.(11) The
report flagged, and then put to one side, the question of statutory
recognition of the independence of the Library.(12) The
Podger report did not make any recommendations for
legislative amendments in respect of the role or independence of
the Parliamentary Library.
The Podger report acknowledged the need to safeguard the
independence of the role of the Parliamentary Librarian. The Podger
report canvassed the option of creating a statutory position of
Parliamentary Librarian - however, it stopped short of recommending
the creation of such a position.(13)
In response to the Podger report s recommendations, the
President of the Senate and the Speaker of the House of
Representatives tabled resolutions establishing the Department of
Parliamentary Services (August
resolutions).(14) The resolutions emphasised the
importance of protecting the independence of the Parliamentary Library and
specified a range of protective mechanisms to that end.
The steps leading to the creation of the role of Parliamentary
Librarian were summarised in the second reading speech tabled by
Senate President Paul Calvert on 18 August 2003.(15)
Both Houses of Parliament resolved to abolish the three joint
parliamentary departments, to replace them with a new Department of
Parliamentary Services and to create a statutory office of the
Parliamentary Librarian within the new department.
In relation to the other matters covered by the Podger report,
Parliament explicitly supported strengthening the role of the
Library Committee, provided for direct reporting by the
Parliamentary Librarian to the Library Committee and called for the
development of a resource agreement between the Parliamentary
Librarian and the Secretary of the joint
Department.(16)
On 24 March 2004, the Presiding Officers announced in Parliament
the terms of the package of proposals that would implement the
Podger report and August resolutions.(17) They included
matters agreed in the August resolutions, but added:
Another element of protecting the library s
independence is that the bill will require the Parliamentary
Librarian to have professional qualifications in librarianship or
information management and/or professional membership of a
recognised professional association in such a discipline.
Senator Evans proposed the insertion proposed section
65A which establishes a Security Management Board.
Proposed section 65A of the Bill provides a
statutory base for the Security Management Board comprises
representatives from the Senate, House of Representatives and the
Department of Parliamentary Services to provide management and
policy advice on security matters. The proposed amendment reflects
a recommendation set out in the Senate Standing Committee on
Appropriations and Staffing Senate Department Budget
2004-05 Report.(18) The President of the Senate,
Senator Calvert was supportive of the proposed amendment, noting
that it will entrench the Security Management Board as the entity
which will provide advice to the Presiding Officers on security
matters in the parliamentary precinct.(19)
The Bill has two schedules: the first establishes and provides
for the office of the Parliamentary Librarian and is explained in
detail below; the second makes minor related amendments to the
Long Service Leave (Commonwealth Employees) Act 1976 and
the Remuneration Tribunal Act 1973.(20) This
Bills Digest will focus on the amendments set out in Schedule
1.
The Bill establishes and provides for the office of the
Parliamentary Librarian by inserting a new Division 3 into Part 4
of the Parliamentary Service Act 1999
(item 8 of schedule 1). Currently, Division 1
provides for the employment of Parliamentary Service employees and
Division 2 establishes the Senior Executive Service. Proposed
Division 3 would deal with the Parliamentary Librarian.
Proposed section 38A establishes the office of
the Parliamentary Librarian.
The office will be established within the Department of
Parliamentary Services (or such other joint department as the
presiding officers designate) (item 2 and item 10 of
Schedule 1). Amended proposed subsection
38A(2) provides that the Parliamentary Librarian and
employees of the joint department assisting the Parliamentary
Librarian may be known as the Parliamentary Library .
Proposed section 38A implements the
parliamentary resolution to provide for a statutory position of
Parliamentary Librarian within the new joint service department
.(21) As mentioned above, by making the Parliamentary
Librarian a statutory office, the Bill goes beyond the Podger
report recommendation that the position of Parliamentary Librarian
be established at a senior level within the amalgamated service
provision Department .(22)
The Parliamentary Librarian s function will be to provide
high quality information, analysis and advice to Senators and
Members of the House of Representatives in support of their
parliamentary and representational roles (proposed
paragraph 38B(1)(a)).
In addition, the Secretary may confer on the Parliamentary
Librarian other responsibilities within the Department of
Parliamentary Services, provided that those responsibilities
are:
-
consistent with the first mentioned function
-
conferred in writing, and
-
have the approval of the President and Speaker (proposed
paragraph 38B(1)(b)).
This provision gives the Secretary of the Department of
Parliamentary Services the flexibility to broaden the
responsibilities of the Parliamentary Librarian provided there is
no detrimental impact on the fulfilment of the statutory function
of providing high quality information, analysis and advice.
Conditions on the manner in which information, analysis and
advice must be provided are imposed by proposed subsection
38B(2). The information, analysis and advice must:
-
be timely, impartial and confidential
-
maintain the highest standards of scholarship and integrity
-
be on the basis of equal access for all senators, members,
parliamentary committees and staff of the same, and
-
have regard to the independence of Parliament from the
Executive.
The Bill defines for the first time in legislation the term
Library Committee . The Library Committee is the committee or
committees of the Houses of Parliament that advise the Presiding
Officers in respect of the functions of the Parliamentary Librarian
(Item 3 of Schedule 1).
The Senate and the House of
Representatives elect their own Library Committees, which then meet
together as a joint Library Committee.(23) The chair
rotates between the President and the Speaker, both of whom serve
on their respective Committee. The Committees have no powers of
inquiry or report and function as advisory bodies to the Presiding
Officers in relation to the operations and administration of the
parliamentary library.(24)
The Parliamentary Librarian must report on the performance of
his or her function to the Presiding Officers annually
(proposed subsection 65(3) in item
12).(25) Requiring a report to the Library
Committee is consistent with the Podger report s recognition of the
important role of the Library Committees. The Parliamentary
Librarian must also report on the performance of his or her
functions on request, and at a minimum once every financial year,
to the Library Committee (proposed section
38H).(26)
This provision can be interpreted in a number of ways. It could
be interpreted that the Parliamentary Librarian has a purely formal
reporting obligation to the Library Committee. Alternatively, it
may authorise the Parliamentary Librarian to develop an ongoing
presence at regular meetings of the Library Committee.
A narrow reading of the Parliamentary Librarian s role and
engagement with the Library Committee could limit the opportunities
for the free flow of ideas and expectations between senators and
members and would reverse the past practice of the Parliamentary
Librarian attending Library Committee meetings.
The Parliamentary Librarian will be appointed for a fixed-term
appointment of five years (proposed subsection
38C(1)), and the appointment is subject to termination by
notice in writing from the Presiding Officers at any time
(proposed subsection 38D(1)). The Bill is silent
on the issue of whether the Parliamentary Librarian can be
re-appointed for additional terms of office. As re-appointment has
not been specifically excluded under the Act, it is open to read
the Act as allowing for the re-appointment of the Parliamentary
Librarian.
The Presiding Officers will determine appointment and
termination, but the Bill guarantees other input into these
decisions. In the case of appointment, the Presiding Officers
decision is subject to receiving a report from the Secretary of the
Department of Parliamentary Services regarding the vacancy
(proposed subsection 38C(2)). This is a sensible
approach given the close working relationship between the Secretary
and the Parliamentary Librarian.
In the case where the termination of the Parliamentary Librarian
is being considered, the Presiding Officers must first receive a
report from the Parliamentary Service Commissioner
(proposed subsection 38D(2)). This guaranteed
consultation with the Commissioner is consistent with the
Commissioner s functions and provides an element of protection for
the Parliamentary Librarian.(27) The Presiding Officers
may appoint an acting Parliamentary Librarian, but the appointee in
those circumstances must meet the same professional requirements as
stipulated for the Parliamentary Librarian (proposed
section 38F).
Ms Weinman, former Principal Librarian, Commonwealth
Attorney-General s Department, argued that a Deputy Parliamentary
Librarian should be appointed to assist the Parliamentary Librarian
in carrying out his or her functions. According to Ms Weinman, as
the requirements for an acting Parliamentary Librarian mirror the
requirements for the principal position, and are specific, there is
a need to create a deputy position in order to smoothly deal with
absences of the Parliamentary Librarian and to enhance succession
planning (proposed subsection 38F(2)).
Amended proposed subsection 38C(3) requires the
appointee to have the following relevant qualifications and/or
experience:
-
professional qualifications in librarianship or information
management
-
professional membership of a recognised professional association
in the discipline of librarianship or information management,
or
-
the Presiding Officers are satisfied that, by reason of the
person s qualifications in another relevant discipline, or the
person s professional experience, the person has suitable skills to
perform the functions of the Parliamentary Librarian.
Amended proposed subsection 38C(3) acknowledges
the value of professional librarianship or information management
qualifications and experience for applicants for the position of
the Parliamentary Librarian, however, amended proposed
paragraph 38C(3)(b) allows the Presiding Officers scope to
appoint a Parliamentary Librarian who possesses other
relevant professional qualifications and/or professional
experience. The drafting of amended proposed subsection
38C(3) is consistent with the Podger report s
recommendation. The report notes that:
The Library provides an integrated library and
research service and it would be important that the Librarian had
strong relevant professional qualifications.(28)
The wording of the report s recommendation would certainly
include applicants with librarianship and information management
qualifications. Formal training in the acquisition, management and
dissemination of the multitude of public information now available
especially how to evaluate, organise and distribute this in a
directed and efficient manner could be viewed as significant to the
Australian Parliamentary Library's role as an information and
research service for the Parliament. Information-management skills
are likely to be highly relevant to the position.
Amended proposed subsection 38C(3)(b) reflects
a view that an applicant with other relevant professional
qualifications or experience could also be a strong candidate for
the position. Exceptional leadership, management, communication and
organisation skills may be found in a range of professional areas
and it would be prudent to select from a broad pool of potential
applicants with relevant credentials and experience for the
position of Parliamentary Librarian.
The Presiding Officers will set the remuneration and other
conditions of employment of the Parliamentary Librarian
(proposed subsection 38E(1)). However, they must
seek, and take account of, advice from the Remuneration Tribunal
(proposed subsection
38E(2)). Determinations are to be made public by
publication in the Gazette and tabling in both chambers of
the Parliament (proposed subsection 38E(3)).
The Secretary of the Department of Parliamentary Services is to
provide the resources for the Parliamentary Librarian pursuant to
an annual agreement between them that is approved by the Presiding
Officers after taking the advice of the Library Committee
(proposed subsection 38G(1) and 38G(2)). The
Podger report noted that it is important to ensure that the Library
receives adequate resources and services from the service-provision
department .(29) The wording of proposed section
38G(1) refers only to the provision of resources rather
than resources and services as specified in the Podger
report.(30) It is unclear whether there would be any
significant effect caused by this wording of the Bill.
Sections 48A and 104A of the Copyright Act 1968 make
special provision in relation to libraries that provide library
services for members of Parliament. Proposed section
38I ensures that the copyright exemption provisions
continue to operate in respect of the information and research work
performed for clients by the Parliamentary Library.
Schedule 1 of the Bill also makes the following
minor changes consequent on the establishment of the office of the
Parliamentary Librarian. It:
-
augments the objects of the Parliamentary Service Act to include
the definition of the powers and responsibilities of the
Parliamentary Librarian (item 1)
-
constitutes the Parliamentary Librarian within the Australian
Parliamentary Service (item 5)
-
renames the title of Part 4 of the Act to include reference to
the Parliamentary Librarian (item 7)
-
ensures that the Presiding Officers may determine that judgment
debts may be deducted, where necessary, from the salary of any
Parliamentary Librarian as well as from the salary of the Secretary
or a Parliamentary Service employee (item 13),
and
-
ensures the effective operation of the Department of
Parliamentary Services by authorising the Secretary to delegate
powers or functions to the Parliamentary Librarian, who can then
further delegate such powers or functions (items 14 to
17).
It is instructive to consider the approaches to the notion of
impartiality in the provision of information to elected
representatives and accountability of parliamentary libraries in
other jurisdictions. In other jurisdictions there has been an
explicit recognition of the separation of role and function between
the manager of the library and the library itself. The foundation
of major parliamentary libraries, such as the House of Commons
Library (United Kingdom), the Library of Congress (United States)
and the Library of Parliament (Canada) owed a philosophic debt to
the ideals of democracy and government proposed during the
18th century Age of Enlightenment .(31)
We will now undertake a potted history of the major
parliamentary libraries in the United Kingdom, the United States
and Canada. The independence of these institutions is variously
protected by legislation or a convention of regard for the
important role of information in supporting the operation of
democratic governments.
The House of Commons Library had its beginnings in 1547 when the
Clerk of the Commons compiled the first manuscript journal of the
proceedings of the Commons.(32) In 1742 the House of
Commons printed the journals, which later became the ordered and
authoritative record of parliament .(33) The House of
Commons Library was made an independent Department of the House in
1967. This independence was enshrined in legislation as part of the
House of Commons (Administration) Act 1978 [UK]. However, the Act
does not specifically mention the independence of the service
provided to members.
In 1835, Librarian of the Commons Thomas Vardon summarised the
services of the library when he said that the essential purpose of
the Library is to supply Members with information rapidly on any of
the multifarious matters which come before the House, or to which
their attentions are drawn by their parliamentary duties
.(34)
The Library of Congress was created in 1800. Its purpose was to
acquire such materials as will enable statesmen to be correct in
their investigation and, by a becoming display of erudition and
research, give a higher dignity and a brighter luster to truth
.(35) By 1914, the library had become a national library
and a discrete unit was formed to serve members exclusively. In
1946, this service was made a separate library department called
the Legislative Reference Service. The requirements of the service
are set out in the Legislative Reorganization Act 1946 [US]. The
Act also provided for senior subject specialists to be employed in
particular areas of interest to the Congress. The service was
examined again in the 1960s and in 1970 the Legislative
Reorganization Act 1970 [US] changed its name to the Congressional
Research Service. As a consequence of the amendments, the
Congressional Research Service acquired responsibility for
servicing congressional committees.
The obligations of the Congressional Research Service to
Congress are set out in the United States Code
Annotated.(36) The Librarian of Congress is required to
grant the Congressional Research Service complete research
independence and the maximum practicable administrative
independence consistent with the functions and objectives of the
Congressional Research Service as set out in the
Code.(37)
The Library of Parliament in Canada can trace its origins to
1791. Like the Library of Congress, and the Australian
Parliamentary Library, it developed as a national library and
served this function until the National Library in Canada was
created in 1952. (The National Library of Australia was constituted
as a separate entity from the Australian Parliamentary Library in
1960.)
Canada s Library of Parliament serves a wide range of clients,
including senators, members, their staff, officers of the two
houses, justices of the Supreme Court, the Federal Court, the
Governor-General, Members of the Privy Council and the
Parliamentary Press gallery. However, the services of the research
branch are restricted to parliamentarians only.(38) The
Library of Parliament is a separate unit within Parliament and its
authority is derived from Part V of the Parliament of Canada Act
[Canada].(39) The Parliamentary Librarian
reports directly to the Speakers of the two Houses of Parliament,
who are responsible for the direction and control of the
Library.(40)
The Library of Parliament s Research Branch offers non-partisan
research services to all members of Parliament, across a broad
range of subject areas.(41) Charles Caccia, a member of
the Canadian parliament notes that:
If knowledge is a form of power, one has to
recognize that access to knowledge of good quality is already
available to the average MP [in Canada].(42)
No one more sincerely wishes the spread of
information among mankind than I do, and none has greater
confidence in its effect towards supporting free and good
government.
Thomas Jefferson to Hugh L. White,
1810.(43)
Amended proposed section 38A specifically
refers to the Parliamentary Library as an entity within the
Department of Parliamentary Services. This amendment acknowledges
the inherent tension between ensuring independence for the
Parliamentary Librarian but not acknowledging the Library or
information and research service managed by the Parliamentary
Librarian. For example, in the United States, the Librarian of
Congress is required to grant the Congressional Research Service
complete research independence and the maximum practicable
administrative independence [as consistent with section 166(b)(2)
Title 2 of the United States Code]. As noted above, in other
jurisdictions there has been an explicit recognition of the
separation of role and function between the manager of the library
and the library itself.
The Podger report envisaged that the Parliamentary Library s
independence would be sufficiently protected through:
-
the creation of a senior position of Parliamentary
Librarian within the joint Department with independence
granted by charter from the Presiding Officers in respect of
the library s confidential and impartial client service
functions
-
the strengthening of the terms of reference of the
Library Committees that advise the Presiding Officers on matters
affecting the library to charge them with considering any matter
relating to the independence of the Parliamentary Librarian
-
granting the Parliamentary Librarian direct reporting
to the Library Committees and the Presiding
Officers(44)
-
a resources and services agreement to be negotiated
annually between the Secretary of the Department of Parliamentary
Services and the Parliamentary Librarian, approved by the Presiding
Officers after consultation with the joint Library Committee
-
the Parliamentary Librarian having strong relevant
professional qualifications, and
-
the core values of the staff of the Parliamentary
Library, including professionalism, confidentiality, impartiality
and integrity reinforced by the values in the Parliamentary
Service Act 1999.(45)
The amended Bill corresponds with the specifications set out in
the Podger report. The Presiding Officers parliamentary resolutions
aimed at protecting the independence of the Parliamentary Library
went one step further than the Podger report and required the
creation of a statutory position of Parliamentary Librarian and a
direct reporting mechanism between the Parliamentary Librarian, the
Presiding Officers and the Library Committees of both Houses of
Parliament.(46) However, even the amended Bill does not
recognise that independence should attach to the Parliamentary
Library itself.
The statutory functions of the Parliamentary Librarian are set
out in proposed subsection 38B(1) of the
Bill.(47) The functions of the Parliamentary Librarian
will need to be appropriately funded through the resources and
services agreement negotiated with the Secretary of the Department
of Parliamentary Services.
A review of the approach taken by other parliamentary research
services is instructive in any consideration of the role and
function of the Parliamentary Librarian under this Bill. Other
parliamentary libraries have, either legislatively or by
convention, been conscientious in preserving the independence of
information and research services provided to elected
representatives.
It may be that the continued independence of the research and
information services provided to the Australian Parliament will be
sufficiently protected by the creation of the statutory office of
Parliamentary Librarian and the implementation of the safeguards
the Presiding Officers set out in the August resolutions. However,
the question of whether there should be a legislative safeguard for
the independence of the information and research services provided
to the Parliament are matters worthy of careful consideration.
-
We would like to thank Libby Bunyan, Patrick O Neill, Catherine
Lorimer and Sarah Miskin for their contribution to the development
of the Bills Digest. We are very appreciative of the research work
undertaken by Patrick O Neill in relation to the history of the
office of Parliamentary Librarian .
-
See Bills
Digest No. 31 of 2004-05, Parliamentary Service Amendment
Bill 2004.
-
Podger, Review by the
Parliamentary Service Commissioner of Aspects of the Administration
of the Parliament, Final Report, September 2002.
-
ibid., p. 45.
-
The amalgamation of the Departments of the Senate, the House of
Representatives and the three service departments into a single
department was proposed in 1910, 1933, 1953, 1996, and into two
departments in 1997. An attempt to amalgamate the former Department
of the Parliamentary Reporting Staff and the Department of the
Parliamentary Library was made in 1993. Finally, there were four
earlier attempts to amalgamate the three service departments, in
1977, 1980, 1988 and 1996. See the Podger report, op. cit., pp. 41
44.
-
ibid., p. 46.
-
Podger report, op. cit., p. 47.
-
ibid., p. 49.
-
Section 2 of the Parliamentary Presiding Officers Act
1965 specifies that Presiding Officer means:
(a) in relation to the Senate the President of
the Senate;
(b) in relation to the House of
Representatives the Speaker of the House of Representatives.
-
ibid., p. 47.
-
ibid., p. 48.
-
ibid., p. 47.
-
ibid., p. 47. Previously, the Secretary of the Department of the
Parliamentary Library was effectively the Parliamentary Librarian.
All the Secretaries report to the Presiding Officers, with
oversight from the Library Committee, and that has been constant
since 1901.
-
Parliamentary departments: proposed Department of Parliamentary
Services , House of Representatives, Debates,
14 August 2003, p. 18509; Parliamentary departments: proposed
Department of Parliamentary Services , Senate, Debates,
18 August 2003, p. 13780.
-
Senator Paul Calvert, Parliamentary departments: proposed
department of Parliamentary Services , Senate, Debates, 18
August 2003, p. 13498.
-
Parliamentary departments: proposed Department of Parliamentary
Services , House of Representatives, Debates,
14 August 2003, p. 18509; Parliamentary departments: proposed
Department of Parliamentary Services , Senate, Debates,
18 August 2003, p. 13780.
-
Parliamentary Library matters , House of Representatives,
Debates,
24 March 2004, p. 7003; Parliamentary Library , Senate,
Debates,
24 March 2004, p. 21755.
-
Senate, Standing Committee on Appropriations and Staffing,
Senate Department Budget 2004-05, 40th report,
May 2004 at p. 3.
-
President of the Senate, Senator Calvert, Parliamentary Service
Amendment Bill 2005 , Senate Debates, 10 March 2005, p.
35.
-
The President and the Speaker may delegate their powers under
the Long Service Leave Act (Commonwealth Employees)
Act 1976 to the Secretary and officers in the Department of
Parliamentary Services (subsections 9B(1) and (4)). Item 1
of Schedule 2 allows the President and Speaker also to
delegate to the Parliamentary Librarian.
The Remuneration Tribunal provides advice in relation to terms
and conditions, including remuneration and allowances, for the
office of Secretaries to Parliamentary Departments (subsection
5(2D)). Item 2 of Schedule 2 enables it also to
provide that advice for the office of the Parliamentary
Librarian.
-
Parliamentary departments: proposed Department of Parliamentary
Services , House of Representatives, Debates,
14 August 2003, p. 18509; Parliamentary departments: proposed
Department of Parliamentary Services , Senate, Debates,
18 August 2003, p. 13780.
-
Podger report, op. cit., recommendation 5.1, p. 49.
-
House of Representatives Standing Order 326; Senate Standing
Order 20.
-
In 1981, in the context of the appointment of a new
Parliamentary Librarian and an earlier proposal to merge the three
joint parliamentary departments, there was an unsuccessful attempt
by Opposition Senators to give the Senate Library Committee power
to pass substantive resolutions, with the aim of influencing the
proposal. Odger records that:
dissatisfaction with the committee s inability to influence this
process led to the resignations of the Opposition senators on the
committee. After debate over two days, the following, amended
resolution was agreed to:
(1)
That the Senate is of the opinion that the Joint Parliamentary
Library Committee should be given specific terms of reference,
including the power to pass resolutions.
(2)
That the President be requested to ensure that in the appointment
of a new Parliamentary Librarian, the Parliamentary Library
Committee be kept informed of the procedures to be adopted in the
appointment of such Librarian, and given an opportunity to express
its views. (26/11/1981, J.705; SD, 24/11/1981, pp 2483 8 and
26/11/1981, pp 2666 72).
The matter of specific terms of reference has not been pursued.
H. Evans (ed.) Odgers Australian Senate practice,
Department of the Senate, Canberra, 2001, pp. 371 372.
-
Item 12 of the Bill states that this report
must be part of the Department of Parliamentary Services annual
report.
-
The term Library Committee is defined in the Bill.
-
The Parliamentary Services Commissioner s functions include to
give advice to the Presiding Officers on the management policies
and practices of the Parliamentary Service .
See: generally Parliamentary Service Act 1999, s. 40.
-
Podger report, op. cit., p. 47.
-
ibid., p. 49, See Recommendation 5.4.
-
ibid., p. 49.
-
Enlightenment , a term generally used to describe the
philosophic, scientific, and rational spirit, the freedom from
superstition, the scepticism and faith in religious tolerance of
much of 18th century Europe. See Enlightenment , M.
Drabble and J. Stringer (eds.), The Concise
Oxford Companion to English Literature, Oxford
University Press, 1996. For example one exponent was T. Paine,
The Rights of Man: being an answer to Mr.
Burke s attack on the French revolution (introd.
by E. Foner), Harmondsworth, Middlesex, England, Penguin Books,
1984.
-
House of Commons Library, Information Factsheet G18, p.
3.
-
ibid.
-
ibid., p. 6.
-
Chairman of the First Joint Committee on the Library, Senator
Samuel Latham Mitchell, in Joseph Ross and Hugh Finstein, Research
Services in Congress and Parliament, Canadian Parliamentary
Review, vol.11, no. 4, Winter 1988-89 at: p. 10.
-
USCA 2 s.166 (b) (2). The legislation deals with the functions
and objectives of the Service, the appointment and conditions of
service relating to the Director, Deputy Director and other
necessary personnel, duties of service as well as procedures on the
joint Committee on the Library.
-
ibid.
-
Ross and Finstein, op. cit., at p. 11.
-
Part V of the Parliament of Canada Act (RSC 1985, c.P-1).
-
Ross and Finstein, op. cit., p. 11.
-
C. Caccia, Democratic Deficit? What Democratic Deficit? ,
Policy Options, vol. 25, no. 2, May 2004, pp. 48 51, p.
48.
-
ibid.
-
T. Jefferson, The Writings of Thomas
Jefferson (Memorial Edition), Lipscomb and Bergh, (eds.),
Washington D. C., vol. 12, 1903-4, p. 387.
-
Podger report, op. cit., p. 46.
-
ibid., pp. 47 49.
-
Parliamentary departments: proposed Department of Parliamentary
Services , Senate Debates, 18 August 2003, p. 13498,
Parliamentary departments: proposed Department of Parliamentary
Services , House of Representatives, Debates, Hansard, 14
August 2003, p. 18509.
-
Schedule 1, item 8 of the Parliamentary Service
Amendment Bill 2005 at clause 38B lists the functions of the
Parliamentary Librarian.
Jane Grace and Moira Coombs
15 March 2005
Bills Digest Service
Information and Research Services
This paper has been prepared to support the work of the
Australian Parliament using information available at the time of
production. The views expressed do not reflect an official position
of the Information and Research Service, nor do they constitute
professional legal opinion.
IRS staff are available to discuss the paper's
contents with Senators and Members and their staff but not with
members of the public.
ISSN 1328-8091
© Commonwealth of Australia 2005
Except to the extent of the uses permitted under the
Copyright Act 1968, no part of this publication may be
reproduced or transmitted in any form or by any means, including
information storage and retrieval systems, without the prior
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Published by the Parliamentary Library, 2005.
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