Standing Committee on Procedure
Report
INTRODUCTION
Background
1. On 9 May
1996 the Speaker tabled a schedule of parliamentary committee reports
to which government responses were outstanding.
2. On 27 June
the Leader of the House presented the Government's response to the schedule.
In relation to the ten Procedure Committee reports listed as not having
been responded to, the response stated:
As most of these reports were presented some time ago the government considers
it appropriate that the newly constituted Procedure Committee be given
the opportunity to review the currency of the findings contained in the
reports. The Committee has therefore been requested to undertake this
review with due regard to contemporary circumstances and the many changes
and developments that have occurred in the parliamentary sphere since
the reports were first presented.
3. The following
reports are involved:
Procedures for the opening of Parliament (1995).
Application of modern technology to committee proceedings (1994).
The standing orders governing disorder and strangers (1992).
Seconding of private Members' notices of motion (1992).
Disclosure of in camera evidence (1991).
A citizen's right of reply (1991).
Responses to petitions (1990).
The standing orders governing the conduct of committees of the House (1989).
Committee procedures for dealing with witnesses (1989).
The Publication of tabled papers (1988).
Scope of the review
4. The committee
has not revisited the inquiries that led to the above reports. Nevertheless
it has discussed all of the recommendations and drawn conclusions about
most. The committee examined each report in turn and considered whether
its recommendations are still relevant. The committee:
- has reservations about some recommendations in some reports (as indicated
later in this report);
- believes that some recommendations of some reports are no longer relevant
because of changes that have been made to the standing orders in the
time that has elapsed since those reports were tabled (a government
response would therefore serve no purpose); and
- agrees with the majority of recommendations in most reports and requests
the government to respond to those recommendations as soon as possible.
Procedures for the opening of Parliament
(presented 16 October 1995)
5. The committee
holds the view that this report is still current and warrants a government
response. The committee endorses the recommendations contained in the
report with the following qualifications:
- in relation to the election of Speaker, the committee believes candidates
for the speakership should also be ineligible to take the Chair during
the election of the Speaker; and
- in relation to the recommendation to discontinue the procession to
the Members' Hall for the presentation of the Speaker to the Governor-General,
the committee believes that there is merit in retaining the opportunity
to meet the Governor-General and suggests that Members process from
the Chamber to the Members' Hall to be introduced to the Governor-General
and then continue the procession directly to the Great Hall to hear
the opening speech. (This may necessitate some minor rearrangement of
the original proposal.)
Application of modern technology to committee proceedings
(presented 5 December 1994)
6. The committee
endorses the recommendations contained in this report and requests that
the government respond.
The standing orders governing disorder and strangers
(presented 15 October 1992)
7. The recommendation
in this report proposed the omission of certain standing orders and the
substitution of new standing orders. The precise wording of the proposed
standing orders is in many cases no longer applicable. The committee considered
the principles embodied in the recommendations.
8. The recommendations
relating to disorderly conduct by Members have been overtaken by subsequent
events and do not require a government response.
9. In relation
to the principles contained in the other proposed changes to the standing
orders as they were then, the committee endorses the recommendations,
except for the proposal that the term 'strangers' be replaced with 'visitors'
wherever it occurs in the standing orders. The committee particularly
noted and supports the proposals:
- that a motion for suspension of a Member following naming should be
proposed by the Chair without the requirement for it to be moved by
another Member; and
- that the provisions in the standing orders relating to the arrest
of disruptive persons which are now covered by the Parliamentary Precincts
Act and the Parliamentary Privileges Act be removed.
10. The committee
would welcome a government response to the principles expressed in the
recommendations of this report except for those which have been superseded
by other amendments (for example, Speaker may order withdrawal of a Member,
penalty periods).
Seconding of private Members' notices of motion
(presented 30 April 1992)
11. The committee
endorses the recommendation contained in this report and requests that
the government respond.
Disclosure of in camera evidence
(presented 14 November 1991)
12. The committee
generally endorses the recommendations contained in the report with the
qualification that it does not wish to express an opinion on the penalties
for the disclosure by a Member of in camera evidence contained in recommendation
(4) (paragraph 34) of the report. Since the present members did not conduct
the inquiry it was though inappropriate to specifically support or disagree
with the penalties recommended, particularly since the minimum penalty
recommended is severe. The committee requests that the government respond
to the report.
A citizen's right of reply
(presented 6 June 1991)
13. The committee
noted that a citizen's right of reply has recently re-emerged as a topical
issue. The committee supports adoption of the recommendations contained
in this report and requests that the government respond.
Responses to petitions
(presented 6 December 1990)
14. The committee
endorses the recommendations contained in this report and requests that
the government respond.
The standing orders governing the conduct of committees
of the House
(presented 30 November 1989)
15. This report
was presented approximately two years after the House first established
a comprehensive structure of general purpose standing committees. Given
the fairly extensive changes which the House has made to the standing
orders governing the structure and operation of committees and the development
and refinement of committee practice and procedure in the years since
the presentation of this report, the committee considers that a government
response is not necessary. The committee intends to conduct an inquiry
into the structure and operation of the House of Representatives committee
system during this Parliament.
Committee procedures for dealing with witnesses
(presented 13 April 1989)
16. Some of
the recommendations contained in this report were superseded by the later
reports on The standing orders governing the conduct of committees
and Disclosure of in camera evidence. In view of both the
committee's recommendations in relation to those reports and its intention
to review the operation of the committee system, it considers that a government
response to this report is not necessary.
The publication of tabled papers
(presented 24 November 1988)
17. The committee
endorses the recommendations contained in this report and requests that
the government respond.
SUMMARY
18. Reports
to which the committee requests the government to respond:
- Application of modern technology to committee proceedings;
- Seconding of private Members' notices of motion;
- Disclosure of in camera evidence;
- A citizen's right of reply;
- Responses to petitions;
- Publication of tabled papers;
- Procedures for the opening of Parliament (as modified); and
- The standing orders governing disorder and strangers (as modified
and except for superseded recommendations);
19. Reports
which the committee considers do not require a government response:
- The standing orders governing the conduct of committees; and
- Committee procedures for dealing with witnesses.
Kathy Sullivan
Chair
21 November 1996
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