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Report Details


Committee Name:

Procedure and Privileges Committee (Council)

House:

Legislative Council
Report Type:Report

Title:

Matters Referred to the Committee and Other Miscellaneous Matters
Report No:8
No of Pages:35
Physical Location:Legislative Council Committee Office

Presentation Date:

11/16/2005


Click here to view the report


During the Thirty-Seventh Parliament the Procedure and Privileges Committee first met on August 31 2005. At that meeting Hons Murray Criddle and Giz Watson MLCs were appointed as co-opted Members.

Leading up to this report the Committee met on three occasions to progress a number of matters that arose out of:
the Committee’s standing mandate to keep under review the law and custom of Parliament, the rules of procedure of the House and its committees, and recommend to the House such alterations in that law, custom, or rules that, in its opinion, will assist or improve the proper and orderly transaction of the business of the House or its committees;
the referral of the May 2005 report of the Chairman of Committees, Hon George Cash MLC, entitled Reflections on the Legislative Council Committee System and its Operations During the Thirty-Sixth Parliament: Discussions with the Chairs and Deputy Chairs of Parliamentary Committee; and
matters drawn to the Committee’s attention during debate in the House.

The Committee’s inquiries and recommendations are presented in this report.

Hide details for RecommendationsRecommendations

1 Recommendations are grouped as they appear in the text at the page number indicated:
Page 4

    Recommendation 1: The Committee draws to the attention of Members the implications of the case of Buchanan v Jennings in relation to “effective repetition” and parliamentary privilege. The Committee recommends that Members be mindful of the fact that they may not be covered by parliamentary privilege when making comment outside of the House and its committees in relation to matters canvassed in parliamentary proceedings.

Page 6
    Recommendation 2: The Committee recommends that SO 153 be amended by deleting paragraph (c) and inserting instead -


      (c) Where:

              (i) at the expiration of 10 sitting days (exclusive of the day on which the motion was first moved); or

              (ii) on the proposed last sitting day prior to a general election,


          the question remains unresolved, then, in case (i) the question shall be put and determined without further adjournment on the next succeeding sitting day, and in case (ii) the question shall be put and determined without further adjournment on that last sitting day.

”.

Page 8
    Recommendation 3: The Committee recommends that the House return to its former practice of listing on the Business Program all disallowance motions that have moved pro forma under SO 152(b) so as to adhere to the requirement of SO 153(a).

Page 12
    Recommendation 4: The Committee recommends that SO 125A be amended in the following manner -

    1. Subclause (1) - To insert after “order” -


      “ :

      (a) ”.



    2. Subclause (1) - To insert after “invite” -



      ; and
          (b) “party” means the political party in Government; the political party in official Opposition; any other political party represented in the House and any Independent Member of the House
”.
    3. After subclause (3) - To insert -

          (4) Where a standing committee’s terms of reference allow, the Committee may refer a Bill or other matter to that standing committee (other than a joint committee) for inquiry and report to the House. Unless otherwise ordered or specified by the Committee:
              (a) a committee is to report to the House on the first sitting day following 42 days after the referral (exclusive of the referral day); and
          (b) the referral of a Bill results in its discharge from the Notice Paper.

      (5) A motion for a referral under subclause (4) may only pass in the affirmative:
              (a) if all parties are represented at the relevant meeting and there is no dissent; or
              (b) if a party is not represented at the relevant meeting, the party has provided written notice to the Committee agreeing to the proposed referral and its terms.
          (6) Where a referral has been made under subclause (4), the Leader of the House is to inform the House of the referral within 2 sitting days and the referral is then to be published on the Notice Paper.
”.
    [Clerks’ amendment: change existing subclause “(4)” to “(7)”].

Page 13
    Recommendation 5: The Committee recommends that Schedule 1 of the Standing Orders be amended in the following manner -

    1. Clause 1.3 - To delete “(b) any Bill referred by the House; and”.

    2. Clause 1.3 - To insert after “petitions” -



      ; and

      (c) any Bill or other matter relating to the foregoing functions referred by the House or under SO 125A


”.

    3. Clause 2.3(c) - To insert after “House” -

      “ or under SO 125A ”.


    4. Clause 7.3(d) - To insert after “House” -

      “ or under SO 125A ”.


    5. Clause 8.3(f) - To insert after “any” -

      “ Bill or other ”.

[Clerks’ amendment: renumbering of paragraphs in clause 1.3 required].

Page 15
    Recommendation 6: The Committee recommends that the Standing Orders be amended in the following manner -

      After SO 230A to insert a new standing order as follows -

      “Inquiry into policy of a bill

      230B Unless otherwise ordered, a standing committee is not to inquire into the policy of a bill.


”.

Page 16
    Recommendation 7: The Committee recommends that SO 230A be amended in the following manner -

      To delete subclause (5).

Page 16
    Recommendation 8: The Committee recommends that Schedule 1, clause 4 of the Standing Orders be amended in the following manner -

      To delete subclauses 4.4(a) and 4.5.

[Clerks’ amendment: deletion of “(b)” in clause 4.4 required].

Page 17
    Recommendation 9: The Committee recommends that the Standing Orders be amended in the following manner -

      After SO 324 to insert a new standing order as follows -


      Reporting of resolution to commence own motion inquiry

          325. Where a committee initiates an inquiry of its own motion, notice of that inquiry shall be reported to the House within 2 sitting days of the committee’s resolution.

”.

Page 19
    Recommendation 10: The Committee recommends that SO 3 be amended in the following manner -

      To insert after the definition of “ “Bell” or “Bells” ” the following definition -


          “Chairman” includes the term ‘Chairwoman’, ‘Chairperson’, or ‘Chair’.

”.

Page 22
    Recommendation 11: The Committee recommends that SO 230A be amended to provide that uniform legislation stands referred at the conclusion of the second reading speech of the Minister or Member in charge and to clarify the calculation of the period of time.

      To effect this recommendation SO 230A should be amended as follows -

      1. SO 230A(2)

          To delete - “, or commence where SO 230(b) applies,”.

          To delete - “Bill’s first reading” and insert instead -

          “ adjournment (exclusive of that day) ”.


      2. SO 230A(3)
          To delete - “when read a first time”.

          To insert after “Committee” -


              at the conclusion of the second reading speech of the Minister or Member in charge


”.

Page 23
    Recommendation 12: The Committee recommends that SO 230A(4) be amended to alter the period of referral and to clarify the calculation of the period of time.

      To effect this recommendation SO 230A(4) should be amended as follows -
          To delete - “30 days of the day of the reference” and insert instead -


              the first sitting day following 42 days after the referral (exclusive of the referral day)

”.

Page 24
    Recommendation 13: The Committee recommends that SO 433 be amended by deleting “In cases which in the opinion of the President are of urgent necessity”.

Page 25
    Recommendation 14: The Committee endorses a change in the custom of the House and its committees to allow members of the public who are attending proceedings to take notes in a discrete manner so long as it does not disrupt proceedings.