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Chapter 21 - Relations
with the House of Representatives
Conferences
Conferences between the two Houses provide a means of seeking agreement
on a bill or other matter when the procedure of exchanging messages fails or is
otherwise inadequate to promote a full understanding and agreement on the
issues involved.
In the history of the Commonwealth Parliament, there have been only two
formal conferences, and those were in connection with disagreements between the
Houses on amendments to bills. It is quite competent for the Houses to agree to
conferences on other matters, however. The first conference proposed in the
Commonwealth Parliament was to consider the question of the selection of a site
for the federal capital. The House of Representatives, requesting the
conference in 1903, proposed that such conference consist of all members of
both Houses, but the conference was refused by the Senate (24/9/1903, J.185;
30/9/1903, J.189). (For history of a proposed conference on the site of the new
Parliament House, and resolutions concerning construction matters, see ASP,
6th ed., pp 896-900.)
As far as conferences on bills are concerned, the standing orders of
the Senate prescribe the stage at which the Senate may request a conference.
That stage, pursuant to standing order 127(1), is reached
when agreement cannot be achieved, by an exchange of messages, with respect to
amendments to Senate bills. There is no provision in the standing orders for a
request by the Senate for a conference on a bill originating in the House of
Representatives.
The following conferences have been held between the Senate and the
House of Representatives:
-
Appropriation
Bill 1921-22.
Disagreement between the Houses on Senate’s request for amendments; an informal
conference of representatives of both Houses considered the matter in disagreement,
namely, whether the salaries of the Clerks of the Houses should be uniform;
conference recommended uniformity, and recommendation endorsed by the Houses
(10/12/1921, J.527).
-
Commonwealth
Conciliation and Arbitration Bill 1930 (HR bill). Conference agreed to, at
request of House of Representatives, on amendments in dispute. (7/8/1930, J.170).
-
Northern
Territory (Administration) Bill 1931 (HR bill). Conference agreed to, at request of
House of Representatives, on amendments in dispute. (17/12/1930, J.238; 26/3/1931, J.255).
In each of these cases the conference was successful, agreement being
reached by the managers and, following their report, by the Houses.
The standing orders provide general rules relating to conferences,
which are applicable to conferences on other matters as well as conferences on
bills.
Conferences sought by the Senate with the House of Representatives are
requested by messages (SO 156(1)). In one
instance only has the Senate requested a conference with the House of
Representatives, in relation to the Social Services Consolidation Bill 1950.
The House of Representatives having insisted on an amendment to the bill to
which the Senate insisted on disagreeing, a conference was requested with the
House of Representatives on the amendment (22/6/1950, J.98-9). The
House of Representatives, however, did not agree to the request of the Senate
for a conference, and desired the reconsideration of the bill by the Senate in
respect of the amendment. The Senate subsequently agreed to the amendment
insisted on by the House of Representatives.
In requesting a conference, the message from the Senate states, in
general terms, the object for which the conference is sought and the number of
managers proposed, which is not less than five (SO 156(2)).
A motion requesting a conference contains the names of the senators
proposed by the mover to be the managers for the Senate. If, on such motion,
any senator so requires, the managers for the Senate are selected by ballot (SO
157).
During a conference the sitting of the Senate is suspended (SO 158). For precedent,
see conference in connection with Northern Territory (Administration) Bill 1931 (29/4/1931, J.270). The time
having arrived for the holding of the conference, the sitting of the Senate was
suspended until such time as the conference between the Houses should be
concluded. When the conference was ready to report, the bells were rung and the
sitting resumed.
Before the Senate suspended for this conference, a point of order was
taken on whether a conference could take place except during a suspension of
the sittings. President Kingsmill held that, while it was unusual for a
conference to sit when the House has adjourned, he did not think that there was
anything in the standing orders of the Senate to forbid, or even to imply, that
a conference may not take place when the Senate has adjourned (ruling of
President Kingsmill, SD, 29/4/1931, p. 1360).
A conference may not be requested by the Senate on any bill or motion
of which the House of Representatives is at the time in possession (SO 156(3)). The
rationale of this rule is that a conference should be held only if the Senate
is notified of a disagreement between the Houses on a measure.
The managers to represent the Senate in a conference requested by the
House of Representatives must consist of the same number of members as those of
the House of Representatives (SO 157(3)).
The conferences on the Commonwealth Conciliation and Arbitration Bill
1930 and the Northern Territory (Administration) Bill 1931 both consisted of five managers for the Senate and
five managers for the House of Representatives.
In a conference between the Houses, if managers appointed by the Senate
decline to act, they should be replaced by others. It has been held that there
is no means of compelling any senator to act on a conference (ruling of President Kingsmill, SD, 17/12/1930, p. 1624).
For precedent for senator discharged from duty as a manager, and another
senator appointed, see 29/4/1929, J.269.
In respect of any conference requested by the House of Representatives
the time and place for holding the conference is appointed by the Senate; and
when the Senate requests a conference, it agrees to its being held at such time
and place as appointed by the House of Representatives, and such agreement is
communicated by message. At conferences requested by the House of
Representatives the managers for the Senate assemble at the time and place
appointed, and receive the managers of the House of Representatives (SO 159).
At conferences the reasons or resolutions of the Senate, to be
communicated by the managers, are in writing; and the managers may not receive
any such communication from the managers for the House of Representatives
unless it is in writing. The managers for the Senate read the reasons or
resolutions to be communicated, deliver them to the managers for the House of
Representatives, or hear and receive from the managers for the House the
reasons or resolutions communicated by the latter; after which the managers for
the Senate are at liberty to confer freely with the managers for the House of
Representatives (SO 160). That is to say,
after the preliminary exchange of formalities, a “free” conference is held, at
which debate is permissible.
The managers for the Senate, when the conference has terminated, report
their proceedings to the Senate (SO 161). In the case
of the two precedents referred to, the Commonwealth Conciliation and
Arbitration Bill 1930 and the Northern Territory (Administration) Bill 1931, the bill
was, in each case, in possession of the Senate at the time of the conference.
On presentation of the report of the conference, motion was made that the
report be adopted and taken into consideration in conjunction with the message
of the House of Representatives (returning the Bill and requesting the conference) in
committee of the whole.
The adoption of the report of a conference does not necessarily bind
the Senate to the proposals of the conference, which, with reference to
amendments in a bill, come up for consideration in committee of the whole
(ruling of President Kingsmill, SD, 29/4/1931, p. 1365).
There must be only one conference on any bill or other matter (SO 162). In so
providing, the Senate profited from the experience of the South Australian
Parliament, where it was found that a number of conferences served no good
purpose, because the representatives of both Houses always put off coming to a
final decision until the last conference.
The main reason
for conferences falling into disuse is the rigidity of ministerial control over
the House of Representatives. It is more efficient for senators involved with
legislation to negotiate directly with the ministers who control what the House
does with the legislation.
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