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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2022-02-10 Daily Xml
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Motions

Parliamentary Committees

The Hon. T.A. FRANKS (10:04): I move:

That this council:

1. Recognises the ongoing resourcing issues within the current committee system of the Legislative Council, especially select committees.

2. Requests that the Clerk of the Legislative Council commence implementation of the formal recommendations contained in the report of the Select Committee on the Effectiveness of the Current System of Parliamentary Committees to the current committee structure, including but not limited to:

(a) appropriate and timely access to specialised staff and researchers;

(b) the establishment of a pool of staff to service parliamentary committees, comprised of both secretaries and ongoing research officers;

(c) the appointment of an additional Clerk Assistant specifically for committees; and

(d) the appointment of an administrative officer to work across all Legislative Council committees as required.

This is a very simple motion that puts in place the mechanics required to effect the unanimously supported report of the select committee into the parliamentary committees in this place that the Legislative Council undertook. I note that that was chaired most ably by the Hon. Connie Bonaros, and I consulted with her on moving this motion regarding what in some quarters sounds ridiculous, a committee on committees.

However, committees are the backbone, particularly of any upper house in the Westminster system. Committees must function well, and our committee system is now quite archaic. That is most borne out in the report. What we all agreed as members of that committee on committees, whether we were SA-Best, Greens, Labor or Liberal, is that our committee structures need to be brought into the 21st century. This motion simply requests that the mechanics of that work that is to be done in the new parliament proceeds.

We need to ensure that those formal recommendations, contained in the report of the Select Committee on the Effectiveness of the Current System of Parliamentary Committees, to the committee structure also ensure that we have appropriate and timely access to specialised staff and researchers and the establishment of a pool of staff to service both parliamentary committees, comprised of both secretaries and ongoing research officers, with the aim that those ongoing research officers will have expertise in the area that the committees inquire into and with the aim overall that we will see far more standing committees take on the portfolio work within that expertise and the references made to those standing committees, rather than ad hoc establishment of a multitude of select committees.

Additionally, this would require the appointment of an additional Clerk Assistant specifically for that committee work and for those committees and the appointment of an administrative officer to work across all Legislative Council committees as required. I note that the Hon. Connie Bonaros—I do not think she will mind me saying—is working on legislation to effect this. This is not the legislation that the new parliament will consider because both myself and the Hon. Connie Bonaros will be here no matter who on the other side is up for election and returns.

We will continue to progress this work to bring our committee system into the 21st century, only 22 years late, and ensure that our committee work is appropriately and adequately resourced, done with the expertise required and expected of the parliamentary processes, and does respect the role of parliament and this upper house in particular in that committee work. With those few words, I commend the motion.

The Hon. R.I. LUCAS (Treasurer) (10:07): The government has no concerns with implementing the recommendations of the committee on committees, as the Hon. Ms Franks has indicated. I was a member of that particular committee and supported its recommendations, so the government's position remains that, should the government be re-elected, it is committed to implementing the recommendations of the committee.

I indicated during that committee's work, and subsequent to that when I have been asked by the Hon. Ms Bonaros and others, that I have progressed and authorised the drafting of appropriate legislation to implement the recommendations of the parliamentary committee on committees. I have received a first draft of proposed legislative change. It does require some amendment.

Given the closeness of 19 March, the concluded document, from my viewpoint, is not binding on either a re-elected government or a new government, whatever the case might be, other than we have obviously committed to implementing the recommendations. There will be a bill that the current government has drafted, which will be available for consultation and discussion and, hopefully, then passage through the parliament, implementing the recommendations of what was a unanimous view of Liberal, Labor and crossbench members on the committee.

I am minded to note, and we agreed in the committee, that we were a Legislative Council committee and we therefore made recommendations as they related to the Legislative Council and the joint committees. In the discussions I have had with parliamentary counsel, we have stuck to that; that is, we have not recommended changes to something that, frankly, we have no authority over, and that is the House of Assembly committee structure.

A view has been expressed to me—a not unreasonable view—that a new parliament may well want to look at alternative arrangements in relation to House of Assembly committees. Our committee, very sensibly I think, did not venture into that troubled area. We have left the current structure in the House of Assembly as it is, and so the draft of the committee's recommendations stays true to the committee's recommendations.

A new parliament may well be confronted with suggestions for further change as it relates to House of Assembly committees. It would clearly make sense, if there were to be changes to the House of Assembly committee structure, that they be done as part of a package in relation to the amendments to the bill. The draft bill I have received, and the authority I gave, is in essence to start from scratch. The current committee structure is based on amendments to any number of different bills, and the draft I have authorised in essence brings that all together into a relatively simple, single piece of legislation that covers the recommendations of the committee on committees.

If it were to be approved by a future parliament, it would necessitate changes to a significant number of existing statutes, and those provisions would be taken out of those statutes and incorporated into the single piece of legislation. I gave that assurance and, true to that assurance, I have progressed with parliamentary counsel. As I said, I concluded from parliamentary counsel's view that I have to go back and make some changes that I believe more accurately reflect the thinking in the committee on committees' report.

To be fair to parliamentary counsel, there are issues. Whilst the structure of the committees is there, there are specific details that still need to be fleshed out whilst working within that structure. The government remains committed to the implementation of the committee's report both from a legislative drafting viewpoint, which I have just outlined, and from the viewpoint of appropriate staffing consistent with the recommendations of that committee report.

Should the government be re-elected, the government is committed to working with responsible officers in the parliament, in this case the Legislative Council, to see the implementation of those recommendations.

The Hon. K.J. MAHER (Leader of the Opposition) (10:13): I indicate that the Labor opposition will be supporting the Hon. Tammy Franks' motion. We thank the members of the committee, who did a lot of work coming up with ideas, and I know this because Labor members of the committee talked to me quite frequently about the work they had done on this committee.

It would be a pity not to give recognition to the work that has been done and many of the very sensible recommendations that have been made. It is true that for much that requires particularly legislative change, that is not something that can be done without the will of both chambers of parliament, but we think it does no harm to put on the record the desire of the Legislative Council to start some of these things that are within our power to do.

Again, it is not an entirely prescriptive thing that requires immediate things to happen that, firstly, the Legislative Council cannot do. That is not what the motion says. Secondly, it requests the Clerk to commence implementing. We can see it does no harm to do that at all. In the way that the motion is structured, it gives four recommendations: 'including but not limited to'. It sensibly gives some guidance about what this council considers are the important elements to get started on. The motion says 'requests'. It is not a compulsion. Further, it says 'commence implementation'. It is very sensibly worded to give guidance about what we consider are the important first steps.

Of course, if there are barriers, the way it is worded means that I am sure we can come back and discuss it again. I for one, as the Treasurer outlined, look forward to the next parliament considering more thoroughly these sorts of changes.

The Hon. C. BONAROS (10:15): I rise to indicate for the record, our support for this motion and thank the Hon. Tammy Franks for bringing it to the chamber. We have spoken before on the outcome of that committee process, the fact that we had such a multipartisan approach and, indeed, support for the findings and recommendations of that committee process.

There may have been reference to a bill that is being drafted to implement some of those other measures. There are obviously other measures that need to be implemented that will sit, some inside of that legislation, some outside of that. However, I think this is a timely reminder of the need to press ahead with that change to that committee structure in line with the recommendations and findings of that committee, and another timely reminder to this chamber of the things we need to do to ensure that our committee process is working as effectively and efficiently as possible. With those words, I indicate our support for the motion and thank the Hon. Tammy Franks again for bringing it to the chamber.

The Hon. J.A. DARLEY (10:17): For the record, I will be supporting the motion.

The Hon. T.A. FRANKS (10:17): I thank all those who have just made a contribution: the current Leader of the Government, the Leader of the Opposition, the Hon. Connie Bonaros and the Hon. John Darley. Supporting this particular motion shows the strong will of this particular place, no matter our political colour, to seek committee reform, to see our committee structure strengthened and modernised and professionalised. With that, I commend the motion.

Motion carried.

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