The Review of Standing Orders

September 27th, 2011 at 2:53 pm by David Farrar

The Standing Orders Committee has just reported back a review of the standing orders that govern Parliament. This are of interest to few people, but are highly important. They are the rules of our Parliament.

The full report is 110 pages. I’ve yet to read it all, but on first browse it looks to include some significant enhancement. I hope the House and the Government adopt the recommendations. A brief summary include:

  • The Clerk to record and publish attendance of MPs
  • A new form of legislation called a revision bill that has no debate at first and third reading but does have a select committee hearing and a second reading debate
  • an inquiry into how Parliament should respond to future national emergencies
  • the ability to deduce an MPs pay if they are suspended from the House
  • an extension of privilege to include broadcasting of the House etc
  • A Bill of Rights analysis to be supplied not just at first reading but also for substantive SOPs amending bills. This is something I have advocated several times.
  • Provision for extended sitting hours without going into urgency by sitting on either a Wednesday or Thursday morning, if necessary. Again something I have strongly advocated, as it should reduce the need for urgency so much.
  • Also provision for extended sitting hours on a Thursday evening and Friday morning, but only if the Business Committee agrees, which means basically the Opposition consents to it.
  • Ministers moving urgency in future will need to state the reason for the urgency. Good.
  • Uncorrected transcripts of Parliament to be placed on website within three hours. Excellent initiative.
  • Clark’s Office working towards a public fully searchable database of text and video of Parliament. This will replace the printed weekly Hansard.
  • An MP not giving the correct oath will be required by standing orders to immediately withdraw from the House. They also note that most of the committee support a review of the oath. I agree with both clamping down on improper oaths, but also changing the oath.
  • Business Committee determinations to be published on the Parliament website. These proposals give a lot more power to the Business Committee, so this is good. The BC needs near-unanimous consent to make decisions, so it is about encouraging parties to work together more.
  • A requirement for an MP intending to talk about an issue before the courts to notify the Speaker in advance
  • Proposed members bills will now be recognised before they are drawn from the ballot, and be available of the Parliament website, which may help the MP proposing it to gain support for it. Sensible.

There are some areas where they could have gone further, but overall I think the proposals would make Parliament significantly better, and I hope that they are adopted.

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4 Responses to “The Review of Standing Orders”

  1. tvb (3,357) Says:

    I agree with the proposal to allow extended sitting hours without the drama of seeking urgency. Indeed I have used the same terminology myself in posts on your blog. Urgency should be used rarely for sitting through the night. Extended sitting hours to be used ad hoc probably obout every 3 weeks or so.

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  2. sthn.jeff (91) Says:

    ยป The Clerk to record and publish attendance of MPs

    $50 says that gets thrown out at the very first oppotunity!!!

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  3. Viking2 (9,610) Says:

    No sign of curtailing the use of whipping then??

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  4. simonway (312) Says:

    Re: being sworn in, the report says

    [prefacing the words of the oath or affirmation of allegiance] amounts to a wilful breach of the law at the very moment of entering a
    high public office…. It does not fulfil the requirement of the Oaths and Declarations Act 1957, and therefore fails to meet the requirement of section 11 of the Constitution Act 1986 for members to take the oath or affirmation before being permitted to sit or vote in the House.

    Funny that they would publish such a brazen lie. I assume Lockwood put that in there, as he’s said it’s a pet issue of his. Prefacing the oath or affirmation with a short alternate affirmation of the member’s own devising does not alter the words or prevent the member from reciting the full text of the oath or affirmation, and is consistent with members’ ability to take the oath in any way that they consider to be binding upon themself. If a member recites the text of the legal oath or affirmation in full, there’s no way you can argue that they actually didn’t, just because they said something else beforehand.

    The commission argued that this process would be strengthened if the Attorney-General were required to present a report that legislation is prima facie discriminatory, thus allowing a more informed debate about whether a breach can in fact be justified.

    Good idea.

    If anybody’s wondering what a “revision bill” is, it would be a complete rewrite of old legislation that accomplishes all the same legal objectives. A revision bill should in its substance be the same as the act it is replacing. I’m a little concerned about having an expedited process for this.

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