COVID-19 and the Senate

1.1        On 3 September 2020, the Senate agreed to the following resolution jointly moved by the Leader of the Government in the Senate (Senator Cormann) and the Leader of the Opposition in the Senate (Senator Wong):

That the Senate, in the spirit of mutual respect and working with other institutions, agencies and officials managing the COVID-19 pandemic:

1. notes that:
   1. the law of parliamentary privilege is intended to protect the ability of legislative houses, their members and committees, to exercise their authority and perform their duties without undue external interference, and
   2. the powers and immunities that enable and secure the work of the two Commonwealth houses belong to the houses themselves by constitutional design – a design which ensures that the Senate, in particular, can undertake its functions with an appropriate degree of independence;
2. recognises the statement by the President of Monday, 24 August 2020 regarding the risk of COVID-19 measures constraining the ability of senators to undertake their duties;
3. affirms the right of the Senate to determine its own meetings, and in particular the sessions for the remainder of 2020 and the scheduled Budget Estimates hearings;
4. maintains the right of senators to attend parliamentary proceedings whether directly or by remote participation (if available);
5. calls on the executives and executive agencies of the Commonwealth, states and territories to have appropriate regard to these matters in devising and implementing public health measures and, wherever possible, to do so in consultation with representatives of the Senate; and
6. refers to the Procedure Committee for report to the Senate no later than 8 October 2020 any consequential matters arising from the above.

1.2        The committee makes this report pursuant to paragraph (f) of that resolution.

1.3        The committee has met several times during the year, including by tele- and video-conference, to address practical and procedural matters connected to the Senate and its committees meeting during the COVID-19 pandemic. The committee devised rules for remote participation in Senate proceedings,[1] which were adopted for the sittings of the Senate from 24 August to 3 September 2020.

1.4        In relation to the current matter, the committee noted the President’s statement of 24 August 2020[2] and the full terms of the resolution of 3 September affirming the right of the Senate to determine its meetings, and meetings of its committees. The committee welcomed the resolution receiving the unanimous support of the Senate.

1.5        The committee endorsed the President formally providing the resolution to relevant state and territory executives and health officials to guide their interactions with the Senate. The committee noted correspondence from health officers in different states winding back quarantine requirements for senators returning home after attending Canberra for parliamentary business, as well as announcements from states and territories generally reducing or removing restrictions on people travelling from the ACT.

1.6        The committee identified its priority as ensuring that scheduled sittings and estimates hearings proceed safely, by continuing to apply and adapt COVID-safe measures. The committee endorsed the continued application of the rules for remote participation during the Budget sitting week. The President confirmed that Parliament House would be closed to the public during the estimates fortnight, which is also scheduled as a sitting fortnight for the House.

1.7        Protocols being developed for senators, staff and witnesses attending Parliament House for estimates hearings will be provided to ACT and Commonwealth health officers for comment ahead of the hearings. It was also expected that committees would make extensive use of participation by video link for both senators and witnesses. Final arrangements would be a matter for the committees themselves, particularly in relation to the attendance of witnesses.

1.8        The committee also noted that legislation committees would ideally consider prioritising agencies and programs. The committee endorsed the Chair’s suggestion that a Chairs’ Committee meeting consider arrangements for estimates at a meeting during Budget week.

1.9        The committee identified the following operational matters as critical to ensuring that the scheduled estimates hearings proceed in a safe manner:

• assurance on videoconferencing capacity for remote participation by senators and witnesses
• procedural and technical support for remote participation
• room capacity information, for senators and secretariat staff, and for witnesses
• COVID-safe arrangements for senators and secretariat staff, particularly when senators are moving in and out of hearing rooms
• COVID-safe arrangements for witness waiting spaces and movement in and out of hearing rooms.

1.10      Finally, non-government senators on the committee expressed their expectation that additional estimates days would be scheduled if the October hearings were interrupted.

1.11      The committee will continue to oversee the development of protocols for committee staff, committees and witnesses, and their implementation during the Budget estimates round. The committee will also maintain a watching brief on the other matters raised in the resolution of 3 September 2020.

Senator Sue Lines
Chair

Navigation: Previous Page | Contents