Chapter 17 - Witnesses
Summoning
of witnesses
Where the Senate or a committee makes
a decision to summon a witness, a summons is issued by the Clerk of the Senate
or the secretary of the
committee, respectively. In the case of a committee, the failure of a witness
to respond to a summons is reported to the Senate (SO 176). This
requirement for committees to report any failure to comply with a summons
arises from the fact that only the Senate can deal with any contempt (see
Chapter 2, Parliamentary Privilege).
The Senate may
order particular witnesses to appear before committees (7/2/1995, J.2895-7; 6/6/1995, J.3364-5; 22/10/1997, J.2673; 21/10/1999, J.1966; 10/4/2000, J.2582-3, 2585; 28/11/2000, J.3594-5; 19/6/2001, J.4322; 12/3/2002, J.154-6; 25/11/2003, J.2709-10). (See Supplement)
Where a committee with power to do so resolves to order the attendance
of a witness a summons is prepared, signed by the secretary and delivered to
the person by a means which satisfies the committee that the person will
receive it. In the past, summonses have been personally delivered by a
committee’s secretary or faxed to a business or legal adviser’s address and
receipt confirmed by telephone. The important element is not the means of
delivery but the certainty of receipt.
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