Chapter 1
Introduction
1.1
On 26 November 2014, the Speaker of the House of Representatives, the
Hon Bronwyn Bishop MP, introduced the Parliamentary Service Amendment
Bill 2014 (bill) into the House of Representatives.[1]
The bill was subsequently debated and passed by the House of Representatives on
the same day.[2]
On 27 November 2014, the bill was introduced into the Senate.[3]
1.2
On 4 December 2014, pursuant to the Selection of Bills Committee report,
the bill was referred to the Senate Finance and Public Administration
Legislation Committee for inquiry and report by 2 March 2014.[4]
Objectives of the bill
1.3
Section 65A of the Parliamentary Service Act 1999 (Act) provides
for the establishment of the Security Management Board (SMB).
1.4
The function of the SMB is:
[T]o provide advice as required to the Presiding Officers on
security policy, and the management of security measures, for Parliament House.[5]
1.5
Membership of the SMB is:
-
the Secretary of the Department of Parliamentary Services (DPS);
-
a Senior Executive Service (SES) employee of the Department of
the Senate, nominated by the President of the Senate in writing; and
-
an SES employee of the Department of the House of Representatives
nominated by the Speaker of the House of Representatives in writing.[6]
1.6
The current members of the SMB are: the Secretary of DPS; the Usher of
the Black Rod; and the Serjeant-at-Arms.[7]
The Presiding Officers appoint a member of the SMB to chair meetings.[8]
The Secretary of DPS has been appointed to this role.[9]
1.7
The SMB may, with the approval in writing of the Presiding Officers:
-
invite other members of the Parliamentary Service to attend its
meetings; and
-
invite the heads of other organisations to attend or be represented
at its meetings.[10]
1.8
The bill proposes to amend the Act to provide that the Commissioner of
the Australian Federal Police (AFP), or a Deputy Commissioner or a senior
executive AFP employee who is nominated by the Presiding Officers, may be a
member of the SMB.[11]
1.9
The bill also proposes to amend the Act to include 'operational
measures' within the remit of the SMB.[12]
Conduct of the inquiry
1.10
Details of the inquiry, including links to the bill and associated
documents, were placed on the committee's website at: www.aph.gov.au/senate_fpa.
1.11
The committee also directly contacted a number of relevant organisations
to notify them of the inquiry and invite submissions by 30 January 2015.
Submissions received by the committee are listed at Appendix 1.
1.12
The committee decided to prepare its report on the basis of submissions
received and available information. The committee thanks those who assisted by
providing submissions to the inquiry.
Background
1.13
The Clerk of the Senate outlined the security arrangements for the
parliamentary precincts:
Pursuant to section 6 of the Parliamentary Precincts Act
1988, the parliamentary precincts are under the control and management of
the Presiding Officers (subject to any order of the two Houses). The Presiding Officers
are therefore responsible, among other matters, for security arrangements
within the precincts.
The Department of Parliamentary Services is responsible for
the provision of security services for Parliament House. In addition, the Usher
of the Black Rod and the Serjeant-at-Arms have particular security
responsibilities in relation to their respective houses.[13]
1.14
The Clerk of the Senate also set out the history of the SMB, noting that
the SMB was established by the Presiding Officers in March 2002 to provide
specialist advice and support them in their responsibility for security
arrangements in the parliamentary precincts, and '...to ensure the coordination
of the strategic management and technical requirements of security at
Parliament House.'[14]
The SMB was given statutory authority in 2005 through the insertion of 65A into
the Act.[15]
1.15
In terms of the membership of the SMB, the Clerk of the Senate stated:
The practice of inviting representatives of relevant
government agencies began soon after the Board was established. Since 2003/2004
representatives of the Department of Finance, the AFP and the
Attorney-General's Department have regularly attended meetings of the Board
(with some variation of the years), until mid-2013 when external agencies
ceased attending meetings of the Board.
In late 2014, at the request of the Presiding Officers, a
number of government agencies were invited to nominate representatives to
attend meetings of the Board including: the AFP, the Australian Security
Intelligence Organisation, the Attorney-General's Department, the Department of
Finance and the Department of the Prime Minister and Cabinet. Representatives
of those agencies attended the subsequent meetings of the Board[.][16]
1.16
The Clerk of the Senate provided a comparison with arrangements for
security advice in other Australian and New Zealand jurisdictions[17]
and outlined recent security changes and the enhanced role of the AFP:
Security arrangements within the parliamentary precincts have
recently been enhanced in response to the changing security environment and the
Australian Government's decision to raise the National Terrorism Public Alert
level from medium to high.
In early September 2014, a security review of Parliament
House was undertaken by the Attorney-General's Department and the AFP. The
review concluded that changes to security practices and procedures within the
precincts were necessary in order to continue to provide a secure workplace in
the increased threat environment.
Subsequently, a number of changes to security were introduced
in order to strengthen the existing security arrangements at Parliament House.
The changes included increasing the security presence and capability within the
precincts, changes to arrangements for access to the private areas of Parliament
House and a program of capital works to enhance the physical security of
Parliament House. In addition, the Presiding Officers requested the AFP to
undertake an increased role within the precincts.
Previously, AFP-Uniform Protection provided security services
only externally to Parliament House and within the Ministerial Wing. Following
the security review, the Presiding Officers authorised the AFP to act on their
behalf in relation to the day-to-day operational security of Parliament House
including assuming command, control and coordination of all operational
security and response functions within the precincts. The AFP are now working
closely with the DPS Parliamentary Security Service to provide security within
the precincts as a whole, where appropriate in consultation with the Usher of
the Black Rod and the Serjeant-at-Arms.[18]
Discussion of the proposed changes
1.17
The inclusion of the AFP in the membership of the SMB was supported by
the Clerk of the House:
In light of the AFP's new coordinating and lead agency
responsibility for security at Parliament House it seems entirely appropriate
for a senior representative of the AFP to be included as a fourth member of the
SMB. This would ensure that those with a central operational responsibility for
security at Parliament House are also involved as a full member in advising the
Presiding Officers on the policy, management and operational aspects of
security. Also it will strengthen the security capacity of the SMB in providing
advice to the Presiding Officers, noting that the Board also has available to
it expertise from relevant agencies, such as the Attorney-General's Department,
the Australian Security Intelligence Organisation etc., as observers at
meetings. While the AFP would be included as a full member of the SMB, the
interests of Members, Senators, building occupants and the parliamentary
institution would continue to be represented effectively by the three
parliamentary department members.[19]
1.18
The Clerk of the Senate noted:
Although the AFP has not, to date, held a position on the
Board, its views and expertise have always been available to the Board, through
attendance at meetings and through consultation on various matters.[20]
1.19
The Clerk of the House also had no issue with amending the function of
the SMB to include the 'operation' of security measures:
In light of the recent changes to security measures at
Parliament House, it is sensible to add to the existing roles of the SMB an
advisory responsibility on the operation of security measures.[21]
1.20
The Clerk of the Senate also commented on the amendment to the functions
of the SMB, stating:
While the existing functions of the Board are arguably broad
the amendment would put beyond doubt that the Board can and should examine
matters related to the operation of Parliament House Security.[22]
Committee view
1.21
No issues were raised in relation to the bill and therefore the proposed
changes are supported by the committee.
Recommendation 1
1.22
The committee recommends that the Senate pass the bill.
Senator Cory Bernardi
Chair
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