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Accountability Forum
Accountability Forum – so what’s the issue in the Queensland Parliament?
In February 2010 the Queensland parliament appointed a select committee, the Review of the Parliamentary Committee System Committee (RPCSC), to inquire into and report on “how the parliamentary oversight of legislation could be enhanced and how the existing parliamentary committee system could be strengthened to enhance accountability.” The Committee reported in December 2010 and made 55 mostly worthy recommendations to reform Queensland’s parliamentary committee system.
However, its proposal to form a new bipartisan committee, the Committee of the Legislative Assembly (CLA) that would take over certain functions presently under the control of the Speaker has caused concern in some quarters. The subsequent Government response to this proposal further exacerbated those concerns as it extended the power and roles of the CLA further. It means that the CLA will be responsible for the administration and management of parliament.
There have been two major concerns about these proposed new arrangements.
First, although the CLA is bipartisan with equal members from Government and the Opposition (three members each), the Government representatives are the most senior members of the executive – the Premier, the Deputy-Premier and the Leader of the House. Some see this has too much executive government intrusion into the running of parliament.
Second, what underlines this concern is that the Speaker of Parliament, the person who in our system of government has traditionally been responsible for ensuring parliament’s independence from executive government interference and for the overall management of parliament, has been largely excluded from the CLA.
It is this change in relation to the roles of the Speaker and the operations of the new CLA that is generating so much controversy. Some see this as a minor issue about parliamentary procedures rather than an issue of real concern about executive accountability and the functioning of our democracy.
Interestingly, the Opposition was initially not critical of the proposed changes concerning the establishment of the CLA – after all its members were on the original Review Committee and supported the proposals. The Opposition did not seem alive to the consequences of these changes or of the Government’s subsequent responses to the Review’s recommendations. There has now been a shift in the Opposition’s stand on this matter – they believe the Speaker should be on the CLA.
What has made the issue particularly significant, given Queensland’s style of government and the nature of the present governing party, is that the present Speaker, a member of the governing Labor Party, has been to the forefront in criticising the proposals. He has sought to explain his opposition less in terms of his own personal position and status and more in relation to the threat he sees the changes making to the role of the Speaker in our Westminster system of government. He has been the brunt of some heavy public criticism from senior government members, that is those from his own party. This has added controversy to the issue.
The Government believes that the changes are about reform, improved supervision of executive government through a better committee system, fairer treatment of the Opposition and a more modern approach to the management of parliament. Certainly, some of the changes, especially those concerning the portfolio oversight committees and the role given to the Opposition are a step forward.
However, the critics argue that the composition of the CLA with its heavy representation from the executive and its new functions in the running of parliament is an erosion of the separation of powers between the executive and the legislature. While there are equal government and opposition numbers on the CLA, it is contended that any disputed issue that cannot be resolved within the CLA will be resolved on the floor of parliament where the government has the numbers.
This matter concerning the management of parliament will probably be resolved at the next sitting of Parliament beginning on 2 August when the Parliamentary Service and other Acts Amendment Bill 2011 will be debated and passed.
The purpose of the Accountability Forum on 1 August just before parliament resumes is to discuss these issues – both sides will be heard. The Forum will involve the current Leader of the House sitting and former members of Queensland Parliament and a representative of other jurisdictions current and former Speakers and academic experts.
...want to know more?
If so, please contact Elizabeth O'Brien at elizabeth.o'brien@acu.edu.au or on 02 62091249 to reserve a place at the Accountability Forum on August 1st in Brisbane.
References
Callinan, et al, Letter to Courier-Mail, 20 April 2011
Government response to the Committee System Review Report
Scrutiny of Legislation Committee, Legislation Alert, 05/11, 27-39
Spence, J., MP, Hansard, Queensland Legislative Assembly, 9 March 2011, 448-451
Spence, J., MP, Hansard, Queensland Legislative Assembly, 10 May 2011, 1255-1258
