First Report of 2013


First Report of 2013

The committee reports to the Senate on the following matters considered at its meeting of 26 February 2013.

Electronic petitions

By letter dated 27 November 2012, the President of the Senate referred to the committee, pursuant to standing order 17(3), several questions relating to the submission of electronic petitions that had been raised with him by Senator McEwen following discussions amongst whips. These questions related to the interpretation of the standing orders on the form of petitions and their application to the preparation and lodgement of electronic petitions, particularly those prepared using online platforms, specifically:

  • how an electronic petition is "signed" and whether an email address is required (which some third party organisations refuse to provide);
  • how the requirement to have the terms of the petition evident for all petitioners could be met by websites and blogs and how compliance with this requirement could be assessed by senators presenting the petition;
  • whether the prohibition on attachments was applicable to linked material and other explanatory, pictorial or descriptive material frequently provided with electronic petitions;
  • whether it was problematic if non-residents of Australia were signatories to petitions.

The committee was assisted in its consideration of these matters by a very helpful background paper prepared by the Senate Table Office which is attached to this report as Attachment 1.

In the longer term, the committee believes that the solution to these issues is for the Senate to host e-petitions on its own website so that conformity with the standing orders can be ensured from the outset. It has asked the Clerk to develop proposals for such an outcome, including administrative arrangements and any modification to standing orders that might be required to support e-petitions. The committee will give further consideration to the details of the proposal but supports the concept in principle.

Recommendation 1

In the meantime, the committee recommends that the following interpretation continue to be applied:

  • petitions which have been posted on the internet continue to be accepted as in conformity if the senator presenting them certifies that they have been duly posted with the text available to signatories;
  • the requirement in standing order 70(5) for a petition to be signed be satisfied by the provision of a person's email address;
  • a petition containing links to extraneous material be regarded as attracting standing order 70(7) and therefore not in conformity;
  • there be no change to current practice regarding acceptance of non-resident signatories.

Petitions outside these interpretations will continue to be assessed as not in conformity with the standing orders and dealt with in accordance with existing practices (last expounded in the committee's First report of 1997).

Routine of business

By letter dated 26 June 2012, the President of the Senate referred to the committee, pursuant to standing order 17(3), the operation of the routine of business in the Senate with particular reference to:

  • the consideration of private senators’ bills;
  • opportunities for considering government documents and committee reports;
  • the use of a designated time to consider non-controversial government bills;
  • the use of general business time;
  • where matters of privilege given precedence should be dealt with;
  • times of the week before or after which divisions may not be held;
  • any other matter.

The committee considered proposals made to it by senators representing the major parties and the Australian Greens but did not find support for any major changes to the current arrangements.

The committee notes that temporary orders providing for the consideration of private senators' bills on Thursday mornings (with additional time made up by the Senate sitting on Mondays at 10 am) and modification of the rules applying to questions without notice continue to operate until 30 June 2013. The committee recommends no changes to these arrangements.

The committee will continue to keep these matters under review but makes the following recommendations and observations.

Consideration of non-controversial legislation

In its First report of 2012, the committee recommended the adoption of a temporary order to provide a definite time for the consideration of non-controversial bills on Thursdays from 12.45 pm. The committee considers that the order has worked satisfactorily and should now be incorporated into standing order 57 as a permanent feature.

Recommendation 2

The committee recommends that standing order 57(1)(d) be amended in the terms set out in Attachment 2.

The committee reminds the Senate of the observations made in its First report of 2012:

By the term “non-controversial”, the committee intends that the business to be dealt with at that time is business that senators agree may be dealt with without divisions. It does not preclude debate and amendment of bills but it involves an understanding that divisions will not be called during the period 12.45 to 2 pm. The committee further indicates that the requirement for the Senate to proceed to non-controversial government business only at 12.45 pm does not preclude other business being conducted after such bills have been dealt with, subject to the usual consultations amongst senators and the necessary motions to rearrange business.

Open-ended adjournment debate on Tuesdays

The open-ended adjournment debate on Tuesdays has proved to be very popular with senators and the committee considered a proposal for more efficient use of the time. Under current arrangements, a senator who has spoken once for 10 minutes may speak again for not more than 10 minutes if no senator who has not already spoken wishes to speak. By leave, a senator may speak for 20 minutes after any senators who wish to speak for 10 minutes only. The committee proposes that an alternative scheme involving three different time limits be tested on a trial basis. Senators who wish to speak for 5 minutes only may speak before those who wish to speak for 10 minutes, while those who wish to speak for up to 20 minutes must wait until all senators who wish to speak for 10 minutes have finished speaking. Under the proposed scheme, it would not be necessary to seek leave to speak for 20 minutes.

Recommendation 3

The committee recommends that the proposed amendment to standing order 54(6) set out in Attachment 3 be adopted on a trial basis until 30 June 2013.

Matters of public interest discussion

Under standing order 57(2) senators may speak for up to 15 minutes without any question before the chair from 12.45 to 2 pm on Wednesdays. If a division is called for during this time, the division is postponed until after 2 pm.

The committee considered a proposal to alter these arrangements by reducing the speaking time from 15 to 10 minutes, commencing at 1 pm. This would allow 6 speakers to participate, one more than at present. The committee notes that a longer speaking opportunity remains available under both the current and proposed speaking arrangements for the open-ended adjournment debate on Tuesdays.

The committee reached no conclusions on this matter but leaves it for the Senate as a whole to consider whether adoption of a proposed amendment to standing order 57(2), set out at Attachment 4, should be adopted on a trial basis or permanently.

Presentation and consideration of documents

The committee noted that there are numerous arrangements in place for the presentation and consideration of committee reports and other documents. The complexity of these arrangements leaves many senators confused about when they may speak on reports and documents, for how long and whether leave is required. The chart at Attachment 5, taken from the departmental publication, Brief Guide to Senate Procedure No. 3 – Opportunities for debating documents and reports, illustrates this complexity.

While the committee is concerned that the rights of senators to speak to documents and committee reports not be diminished, it considers that there would be some merit in having more straightforward arrangements. It has therefore asked the Clerk to develop for its further consideration proposals to simplify consideration of documents and committee reports. The committee has indicated the following parameters for the proposals:

  • a reduction in speaking times from 10 to 5 minutes on some classes of documents, such as government responses to committee reports, Auditor-General's reports and ad hoc documents such as responses to resolutions of the Senate, but not ministerial statements, may be appropriate;
  • there should be no reduction in speaking times on committee reports;
  • the option of seeking leave to speak to a document on its presentation is to remain but an arrangement whereby documents and reports are automatically listed on the Notice Paper for later consideration may be appropriate.

The committee will consider this matter further.

Questions without notice

The committee discussed the current temporary rules for questions without notice and, while noting dissatisfaction with aspects of them, agreed to consider the matter further before recommending any changes to the Senate.

 

(Stephen Parry)
Chair

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