Scrutiny of Acts and Regulations CommitteeImproving Victoria's Parliamentary Committee SystemAppendix B: Survey of a selection of Parliamentary committee systems[Back to Table of Contents]A.
Parliamentary committee system of the Senate of the Commonwealth of Australia
The Committee examined the Parliamentary committee systems of several jurisdictions. These jurisdictions were either similar to Victoria in that they were states or provinces within a federation or appeared to have committee systems with innovative or unique features, for example, New Zealand. The survey was limited to Parliamentary committee systems within the Westminster model. A. Parliamentary committee system of the Senate of the Commonwealth of AustraliaThe Senate is the upper chamber of the bicameral federal Parliament of the Commonwealth of Australia. The Senate consists of 76 democratically elected Senators, 12 from each of the 6 states and 2 from each of the mainland territories. The Senate is essentially a House of review. It scrutinises the executive branch of government. This is a very broad role and so the Senate finds it useful to delegate responsibility for certain tasks to committees. The Senate may refer a particular matter to a committee if the matter warrants detailed examination or the Senate wants to collect or hear views on the matter. These tasks are more easily undertaken by a small group of Senators rather than by the Senate as a whole. Committees encourage and enable senators to develop special interests and expertise in particular aspects of public policy. They also provide an opportunity for organisations and individuals to make representations to Parliament and to have their views placed on the public record. There are more than 30 Senate parliamentary committees, with most Senators involved in the work of 3 or 4 of these committees. Senate Parliamentary committees may be classified into 3 main categories according to their purpose or method of operation—
1. Select Committees A Select Committee is an ad hoc committee created to inquire into and report on a particular matter. It may be established at any time by a resolution of the Senate that specifies the committee's composition and its terms of reference and powers. A Select Committee has a limited life and ceases to exist on the presentation of its final report or on the day fixed for such presentation, unless the Senate has granted an extension. The size of a Select Committee is specified in the resolution establishing it. A Select Committee has about 8 members and will be chaired by a Senator from any of the political parties. 2. Standing Committees Senate Standing Committees are permanent committees established under the Senate's Standing Orders or by resolution of the Senate for the duration of a Parliament. They are usually re-established at the beginning of each new Parliament and can continue to function until the end of the day before the commencement of the next Parliament. If there is a double dissolution, all committees of both Houses cease. Standing Committees enable a continuing surveillance of defined fields of government activity, undertake research and seek advice and create an awareness of the Senate's "check and balance" function. They fall into 3 categories—
(a) Domestic Standing Committees There are about 8 Domestic Standing Committees. They deal with matters relating to the internal operation of the Senate including publications, procedure, library services, and senators' interests. (b) Legislative and General Purpose Standing Committees Legislative and General Purpose Standing Committees look at Bills and aspects of government policy or administration. They are appointed at the beginning of each Parliament under Standing Orders. They consist of a pair of committees (a Legislation Committee and a References Committee) in each of about 8 subject areas. Each pair of committees has overlapping membership and a shared secretariat. The reference of a matter to these committees is usually on motion of the Senate. Legislation Committees have 3 main functions—
References Committees inquire into and report on matters referred to them by the Senate, usually involving particular aspects of public policy. Petitions are referred to the appropriate References Committee that may undertake further consideration of the matters raised in the petition. (c) Legislative Scrutiny Standing Committees All regulations and bills that come before Parliament are scrutinised by either the Regulations and Ordinances Committee or the Scrutiny of Bills Committee to ensure that they conform to certain principles mainly concerned with civil liberties. The Regulations and Ordinances Committee, with the assistance of an independent legal adviser, meets every week that the Senate sits to check all items of delegated legislation tabled in the Senate. This is to ensure that each item is in accordance with the Act of Parliament under which it is made, that it does not trespass unduly on personal rights and liberties and does not contain matter more appropriate for parliamentary enactment. The Committee works in a bipartisan manner. The Scrutiny of Bills Committee examines proposed legislation before the legislation is debated by the Senate. This Committee assesses Bills against criteria similar to those used by the Regulations and Ordinances Committee. It also scrutinises proposed legislation to ensure that it does not inappropriately delegate powers to make regulations and that any such regulations are subject to adequate Parliamentary scrutiny. To fit in with the Senate's legislative timetable the Committee works quickly. It aims to have the whole scrutiny and reporting process completed within 2 sitting weeks of a bill being introduced. 3. Joint Committees Senators also serve on joint committees with members of the House of Representatives. Joint committees may be statutory (established by Acts of Parliament), or select or standing committees (established by resolution of both Houses). Joint Committees consist of members of both Houses of Parliament and are therefore larger than Senate Standing Committees. Joint committees range in size from 10 to 30 members. The size of Joint Statutory Committees is specified in the legislation under which they are established. Membership The Senate's Standing Orders specify the size of its Standing Committees and the number of positions to be allocated to Senators from the government, opposition, minority parties and independents. Senators who are not members of a committee may be appointed by the Senate as "participating members" which gives them all the rights of membership except the right to vote on matters before the committee. Powers The Senate has very wide powers of inquiry which include the power to inquire into any matter of public interest and to acquire whatever information it considers necessary to discharge its constitutional responsibilities. Senate committees do not have powers of their own: they possess only the authority delegated to them by the Senate itself. It follows that the direction and extent of a Senate committee's inquiry is determined by its terms of reference, as formulated by the Senate. A committee may have extensive powers delegated to it by the Senate. For example, Legislative and General Purpose Standing Committees and most Select Committees possess the full range of inquiry powers, enabling them to summon witnesses and order the production of documents. Committees may move from place to place and meet in public or private session. While the Senate is sitting, committees may only meet in public with the permission of the Senate. Any member of the public may attend the public hearings of a committee but not a private meeting unless invited by the committee. The proceedings of committees are recognised as proceedings of Parliament and thus have the same privileges and immunities as Parliament itself. This means that witnesses are provided with several important rights and protection so that they may give evidence freely and honestly. It is an offence under the Parliamentary Privileges Act 1987 of the Commonwealth to interfere improperly with "the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member". Parliamentary privilege also means that witnesses cannot be sued or prosecuted for what they say in evidence to committees. Committees generally prefer to take evidence in public hearings. Where there is a risk, however, that a particular committee inquiry will prejudice proceedings before a court or where evidence may adversely reflect on a person, threaten national security or commercial confidentiality, a committee may decide to hear evidence in camera. Papers and documents presented to a committee are absolutely privileged because they are proceedings in the transaction of parliamentary business. Most committees are allowed to publish such documents and evidence and the proceedings of public hearings are usually recorded in a published transcript. All documents received by a committee during an inquiry remain in the custody of the Senate after the committee has conducted its inquiry. Reporting After a committee has evaluated the evidence, a draft report is considered by the committee. Eventually a final report with conclusions and recommendations is agreed to. Members who do not agree to the final report and recommendations may prepare a minority or dissenting report. The process of reporting is completed when a copy of the report, signed by the chair, is formally presented to the Senate or, if it is not sitting, to the President. Senate committees may not present reports without authority from the Senate. Reports are presented pursuant to Standing Orders or other orders of the Senate. Committee members watch the progress of government consideration of their reports and every six months the President tables a report giving details of any overdue responses. B. Parliamentary committee system of the Australian Capital TerritoryLike New Zealand and Queensland, the Parliament of the Australian Capital Territory is unicameral. Its committee system was formed in early 1989. The committees inquire into and report to the Legislative Assembly on matters of interest and concern to the Assembly. They must abide by the Standing orders of the Assembly. The purpose of the committees is to enable members of the Assembly who are not Ministers to—
The ACT system has 2 committee types: standing committees and select committees. Standing committees are formed at the commencement of an Assembly's term and exist until the next election. Currently, the Assembly has 6 standing committees. The committee on Administration and Procedure is a domestic committee and investigates matters relating to the operation of the Assembly. The other 5 committees are each aligned to a portfolio area and investigate issues related to that portfolio. They are—
Select committees are formed to look at specific issues that cannot be dealt with by the standing committees. After their reports are tabled, they dissolve. Select committees have been established to examine a multitude of issues including police powers, prostitution, public housing, and gambling. The Assembly may refer matters to committees and committees may initiate their own inquiries. Gavin comments "one of the real strengths of the ACT's committee system is a committee's ability to choose its own subject of investigation, rather than having to rely on the Assembly to nominate a subject.". Gavin is of the view that "reliance of committees on the House (and therefore the executive) for referral of subjects leads to uncontroversial investigations and a weak committee system.". The ACT's committees are small. There are usually only between 3 and 5 members on each committee. However, it must be remembered that the entire Assembly consists of 17 members. Thus all non-Executive members serve on standing or select committees. Appointments to each committee are made by the Assembly following the Assembly's receipt of nominations. In deciding committee membership, an effort is made to reflect the representation of all groups and parties in the Assembly. Therefore on a 3-member-committee, there is generally a government member, an opposition member and an independent member. Because under the ACT system, any member of the Assembly may nominate for membership of a committee, independents and members of small parties such the Greens, are empowered through their participation in the committees. Each committee elects its own presiding member who acts as chair. Committees conduct inquiries by seeking submissions, listening to the views of the public and experts on the subject matter, holding public hearings, conducting research and undertaking inspections. Committee proceedings are recognised as proceedings in Parliament and are accorded the same protection at law as proceedings in the Assembly. Thus evidence given to committees attracts the protection of parliamentary privilege. Committee reports containing findings and recommendations are tabled in the Assembly following the conclusion of an inquiry. While committees have no power to enforce their recommendations, it is practice for the Government to respond to a committee's recommendations within 3 months of the tabling of the report. C. Parliamentary committee system of New South WalesThe New South Wales Parliament consists of the Legislative Council and the Legislative Assembly. Both Houses have Parliamentary committees to inquire into issues of importance to the State. There is no equivalent to the Victorian Parliamentary Committees Act 1968. Parliamentary committees are either established by resolution or under various Acts. In most cases, one of the Houses or a Minister refers inquiries to a committee. The terms of reference define the scope of an inquiry and are determined by the House or the Minister responsible for referring the inquiry. A committee usually starts its inquiry by calling for submissions from the public and relevant organisations. The inquiry's terms of reference are advertised in appropriate newspapers and on the Parliament's internet site. After a committee has examined all the submissions, witnesses may be invited to give oral evidence. Members of the public may observe these hearings, although sometimes they occur in camera. After considering all the submissions, evidence and its own research, the committee produces a report. The report is tabled in the House that initiated the inquiry and includes the committee's findings and recommendations. The tabling of a report provides an opportunity for all members of the House to debate the findings. As in Victoria, committee reports are public documents and are widely distributed. After a report is tabled, the Government must respond to the referring house within 6 months, outlining its recommendations for action. The Government is not obliged to implement the committee's recommendations but must explain why it has decided not to carry out some or all of them. 1. Legislative Council Committees The Legislative Council has 5 General Purpose Standing Committees that are established by resolution of the House under Standing Orders. Each committee has the same terms of reference, but covers a different range of portfolio areas. The general terms of reference shared by all 5 General Purpose Standing Committees is to inquire into and report on—
Most of the General Purpose Standing committees have 9 members. The resolution establishing the committees states how many government, opposition and independent members are to be on each committee. The chair of a committee has a deliberative and a casting vote. Committees have power to send for and examine persons, papers, records and things. There are about 5 General Purpose Standing Committees. Other standing Committees of the Legislative Council include the Standing Committee on Law and Justice (whose terms of reference are similar to the Victorian Law Reform Committee), the Standing Committee on Parliamentary Privilege and Ethics, the Social Issues Committee and the Standing Committee on State Development. In addition to the Standing Committees, select committees are appointed from time to time. Currently, a select committee of Legislative Council is inquiring into the factors responsible for the increase in prisoner population since 1995 and the consequences of that increase. 2. Legislative Assembly Committees There are several committees of the Assembly, including—
3. Joint Committees There are several Joint Committees of the New South Wales Parliament, including—
D. Parliamentary committee system of QueenslandQueensland is the only Australian State to have a unicameral Parliament. There is only one House of Parliament in Queensland, the Legislative Assembly. The Legislative Council was abolished following a State referendum in 1922. The Parliamentary committee system in Queensland, after experiencing a decline during the course of last century, has been reinvigorated as the result of several factors, particularly the 1989 Fitzgerald Report which recommended that Queensland introduce "a comprehensive system of Parliamentary Committees to enhance the ability of Parliament to monitor the efficiency of Government" and by the 1992 Electoral and Administrative Review Commission (EARC) Report which recommended a new system of parliamentary committees. The reinvigoration of the Queensland parliamentary committee system was consolidated by the enactment of the Parliamentary Committees Act 1995. Queensland Parliamentary committees may be divided into two types—
1. Statutory Committees Statutory Committees are those committees established by, and operating under, their own legislation. Most parliamentary committees in Queensland are Statutory Committees established by the Parliamentary Committees Act 1995. Current Statutory Committees established by this Act are—
The main role of a Statutory Committee is to deal with issues within its areas of responsibility, which are set out in Part 4 of the Parliamentary Committees Act 1995. A Statutory Committee must also deal with an issue referred to it by the Legislative Assembly, or under another Act - regardless of whether that issue is within its areas of responsibility or not. The way a Statutory Committee is permitted to deal with an issue is to consider it, report on it and make recommendations about the issue to the Legislative Assembly. Some Statutory Committees are established under other Acts. For example, the Parliamentary Criminal Justice Committee is a Statutory Committee and is set up under the Criminal Justice Act 1989. Statutory Committees derive their authority directly from the statute under which they are established. However, sometimes a statute establishing a committee allows the Legislative Assembly to regulate the powers of that committee, including whether it is provided with coercive powers. The Parliamentary Committees Act 1995 provides that Statutory Committees must consist of a equal number of members, half of whom are nominated by the Leader of the House and half by the Leader of the Opposition. The chair of each Statutory Committee is a member nominated by the Leader of the House and has a casting vote. The quorum of a Statutory Committee is half of the members appointed to the committee plus one. 2. Select Committees Select Committees are established by resolution of the House. Unlike Statutory Committees, they do not receive their authority directly from statute, but rather from the Legislative Assembly by way of resolution. A Select Committee has its terms of reference set by the House, and may only inquire into, and report on, such matters as are referred to it by resolution of the House. The Select Committee on Travelsafe and the Select Committee on Parliamentary Entitlements are examples of committees established by resolution of the Legislative Assembly. Estimates Committees are set up by resolution, under Sessional Orders. A Select Committee may seek guidance on, or an amendment to, its terms of reference from the House if it considers its terms of reference to be unclear or inappropriate. Standing Orders provide that a select committee must consist of no more than 8 members. Members of committees are appointed by the Legislative Assembly at the commencement of each Parliament. Unless legislation governing a committee otherwise specifically provides, a committee is automatically dissolved when the House itself is dissolved. The Parliamentary Criminal Justice Committee is the only committee that continues to exist after a dissolution. A Select Committee with limited terms of reference for a specific inquiry is sometimes given a date on or before which it must report to the House. A Select Committee ceases to exist when it presents its final report, or on a specified date. The Legislative Assembly has the power to establish committees, either by passing legislation containing provisions that establish committees (Statutory Committees) or by resolution (Select Committees). The Legislative Assembly may confer any functions and powers on committees. Standing Orders provide that a committee may form a sub-committee by resolution of the full committee, and refer to it any matters that the full committee is empowered to consider. The sub-committee has the same privileges and immunities as the full committee. However, a sub-committee does not possess the same powers as a full committee. It cannot order witnesses to attend hearings, and cannot present its report directly to the House. Statutory Committees and other committees established by the Legislative Assembly, are empowered by the Parliamentary Committees Act 1995 to call for persons, papers and other things. Once a committee has presented its report to the Legislative Assembly, and that report recommends that the government or a Minister take particular action, a ministerial response is required. Section 24 of the Parliamentary Committees Act 1995, (applicable to both Statutory and Select Committees), requires the responsible Minister within 3 months of a committee report being tabled to provide a response to the report. The response must set out any recommendations of the committee that will be adopted and the way and time within which they will be carried out. If a committee's recommendation is not to be adopted, the reasons for not adopting it must be explained. The Queensland Parliamentary committee system, after experiencing a period of neglect and decline, is currently a very powerful mechanism of Parliament. Queensland Parliamentary committees are powerful in that the government is compelled by Act to take notice of committees' reports, and to respond in detail. The Queensland Parliament has chosen to use statute to establish most of its committees, rather than establishing of all of its committees under Standing Orders by resolutions of the House. E. Parliamentary committee system of South AustraliaOf the various parliamentary committee systems operating in Australia, that of South Australia appears to be closest to the Victorian model. The South Australia Parliament consists of 2 Houses, the House of Assembly and the Legislative Council. There are 5 types of committees in the South Australian system: standing, select, joint, administrative and sessional. As in Victoria, South Australian standing committees are established under an Act, the Parliamentary Committees Act 1991. The standing committees are created to inquire into a specific matter or area. The following 8 committees are established under the Parliamentary Committees Act 1991—
The Act states in relation to each committee the required number of members (in most cases there are 6 members) and the number from each House. The majority of committees are joint committees, however some are only allowed to have members from one particular House. It is interesting to note that it is specifically provided in the Act that Ministers may not be members of the committees. There is no such prohibition in the Victorian Act. In Victoria, however, it seems that Ministers are never, or at least, rarely appointed to committees. The Parliamentary Committees Act 1991 of South Australia sets out the functions for each of the 9 standing committees. Matters relevant to a committee's functions may be referred to the committee by resolution of the House or Houses appointing its or their members or by the Governor in Council or by the committees themselves. Under the Victorian Act, a report adopted by a committee must be laid before both Houses within 10 sitting days. The South Australian Act is more flexible. It permits a committee's report to be presented to the Presiding Officer of the committee if more than 14 days would elapse from the adoption of the report until the next sitting day of the committee's appointing House or Houses. A report making recommendations must be responded to within 4 months by the responsible Minister. The Minister must state which recommendations of the committee will be carried out and the manner in which they will be carried out and, if any recommendations are not carried out, the reasons for this. Each committee appoints its own chair who presides at meetings. The chair has a deliberative and casting vote. Subject to the requirements of the Act, committee business is conducted according to the relevant Standing Orders. Like in most Westminster Parliaments, the committees have the power to send for persons, papers and records. It is specifically provided that that the office of a member of a committee (including the chair of the committee) is not an office of profit under the Crown. Overall, the South Australian Act under which the standing committees operate is almost identical to the Victorian Parliamentary Committees Act 1968. The select committees, of which there are about 5, may be established by a House to inquire into a Bill or a particular matter, for example gambling or wild dogs. Select committees cease to exist after they have reported to the House that established them by resolution. Select committees have an average of 5 members. The joint committees may be initiated by either House to inquire into a particular matter (such as transport safety) jointly with members of the other House. The terms of reference and the number of members from each House are agreed upon in a process of messages being sent between the Houses. A joint committee operates in a similar manner to a select committee and it continues until it tables a final report in each House. The Joint Parliamentary Service Committee is categorised as an administrative committee. It was established under the Parliament (Joint Services) Act 1985 and consists of members from both Houses. It manages the services, building and precincts of the Parliament. It is appointed at the first sitting of Parliament after each general election and continues for the life of that Parliament. The Joint Parliamentary Service Committee is chaired in alternate years by the Presiding Officers of each House. The final type of South Australian committee is the sessional committee of which there are currently four. They include the Standing Order Committee and Printing Committee of each House. They are established by each House and hold office until the end of the current session of Parliament. In conclusion, the South Australian Parliamentary committee system is very similar to the Victorian system. Note that South Australian Parliamentary committee system seems to have smaller committees, that a more detailed ministerial response is required to committee reports and that Ministers may not be appointed to standing committees. F. Parliamentary committee system of New ZealandThe New Zealand Parliamentary committee system appears to be highly regarded. It has been described as "the most potent among Commonwealth Parliaments", a "shining light" and as "showing the way." The New Zealand Parliament is unicameral. At the commencement of each new Parliament, the House of Representatives establishes under Standing Orders what are called "select" or "subject" committees for a full term. These are in fact standing committees. There are currently 12 subject committees. The Standing Orders also provide for the appointment of members to these committees and overall membership is proportional to party membership in the House of Representatives. The appointments to the various Parliamentary committees are made by the Business Committee. This is an important committee as it is also responsible for providing forward planning in the House of Representative's proceedings. It determines the order of business to be transacted in the House and the time spent on items of business. The Business Committee is chaired by the Speaker and is not open to the public. The subject committees consider legislation arising in their allocated subject area together with the estimates and performance of relevant departments and State agencies. The subject committees are as follows—
In addition to the subject committees, specialist committees (such as the Privileges Committee) are established by Standing Orders, as well as ad hoc committees for specific purposes. Membership of these committees is relatively small and the quorum is 4 members. Most committees are chaired by government members, and are dominated by government members. Due to the relatively small size of the House of Representatives (120 members), many members are on more than one committee and this may have weakened the committee system. An important part of a committee's work is the examination of Bills. Almost all Bills go before a select committee. This is the most striking feature of the New Zealand committee system. Following first reading, a Bill is normally referred to the relevant subject committee. A referral is publicised in newspapers and other media and the public is encouraged to make written submissions. Most respondents are also invited to give evidence at public hearings. Committees frequently travel throughout New Zealand to hear evidence. Submissions are received on almost every Bill. At the same time, a committee will usually seek briefings from the Minister sponsoring the Bill. Once submissions are heard, departmental advisers and committee staff prepare a report for the committee to consider. Parliamentary Counsel drafts amendments to the Bill according to the wishes of the committee. Finally the committee will go through the Bill clause by clause and formally adopt the draft amendments and the committee’s final report to the House of Representatives. Generally, a Bill must be reported back to the House within 6 months of its referral. The committee's report is considered and briefly debated by the House of Representatives before the Bill's second reading. At the Committee of the Whole stage, the Bill is considered in detail, followed by a final report and third reading. Mitchell argues that the New Zealand system with its emphasis on public participation has strengthened Parliament by making it central to the political procedure in contrast to the British system where the process of representation is secret and internal to government. Members of committees are confident that they act as a significant brake on the actions of the executive. An inquiry may either be referred from the House or be initiated by the select committee itself, as long as it is compatible with the terms of reference under which the committee was established. Committee inquires are an important means by which the House can scrutinise the Executive. Because committees are often busy examining Bills, it can be difficult for them to fit inquiries into their work programmes. Some committees form sub-committees to deal with inquiries. As with Bills, submissions relating to inquiries are often called for both from the public and the relevant public sector organisations, whose role is more likely to be that of witness than adviser, especially if the inquiry involves the performances of those organisations. If a report contains recommendations to the Government, a response must be presented to the House by the relevant Minister within 90 days of the presentation of the committee's report. The House of Representatives has power to send for persons, papers and records. However most of the committees must ask the Speaker to exercise these powers on their behalf or they may ask that the House specifically to grant them the powers. G. Parliamentary committee system of the Province of Ontario, CanadaAustralia and Canada have a federal system of government that is based on the Westminster system. Both countries have a bicameral federal parliament and sub-national governments that are known "state" governments in Australia, and "provincial" governments in Canada. In Canada, the Constitution Act 1867 created 2 levels of government: a federal government and the provincial governments. The Constitution Act divided government powers between the federal and provincial levels, with the federal government having primary legislative power in areas such as foreign affairs, taxation, criminal justice, currency, defence and commerce, and the provinces having powers in areas such as education, health, social services, civil justice, prisons and direct taxation. Some legislative powers are shared by both levels of government, for example in the area of agriculture. The nature and extent of functions performed by the provincial Parliamentary committees in Canada are similar to each other. The province of Ontario provides an interesting case study. The Province of Ontario is home to over one-third of Canada's population, exceeding 11 million in 1998. Over 80 per cent of this number live in towns and cities and less than 20 per cent live in rural areas. The Parliament of Ontario is unicameral and so consists of one House, the Legislative Assembly. The committees of the Legislative Assembly are subordinate working groups established under the Assembly's Standing Orders. Committee members are appointed from among the Assembly's members. Eight standing committees are appointed for the life of a Parliament. Their terms of reference are set out in the Standing Orders. The current standing committees are—
Some of these committees are "sectoral", for example the Justice and Social Policy Committee. Sectoral committees primarily examine public Bills, hold public consultations on matters of general interest and carry out inquiries on their own initiative relating to the operation of a government department or agency that falls within their portfolio. Other standing committees are "specialised". They have a narrow function, but with a scope to examine the whole of a particular government activity. For example, the Estimates Committee examines the estimates from a wide range of government departments and agencies. The Legislative Assembly may also establish select committees by motion of the House. A select committee is set up specifically to study a certain bill or issue. A select committee must examine material by a specific date and then report its conclusions to the Legislative Assembly. After its final report, a select committee is dissolved. The membership of a committee, be it a standing or select committee, must be determined within the first 10 sitting days after the commencement of a Parliament. The Standing Orders provide that no standing or select committee may consist of more than 9 members and membership must be in proportion to the parties in the House. A committee's permanent membership may be changed only by an Order of the House, however temporary substitutions are permissible. Members of the Legislative Assembly may be members of more than one committee, however multiple memberships are rare. Any member of the Legislative Assembly may participate in committee proceedings (even if not a member of a particular committee). However, the member must obtain the permission of the committee, and may not vote or move any motions. In Ontario, unlike some other provinces (such as Quebec), Ministers are generally not members of Parliamentary committees, although they may take part in committee proceedings as witnesses. It has been suggested that having a Minister on a committee confers greater status on the proceedings and that recommendations made by such a committee have a better chance of directly influencing the Government's decision-making process. However, ministerial committee members may reduce a committee's independence and autonomy, and may limit the role of other members on the committee. Standing and select committees may form sub-committees. A sub-committee usually comprises the chair of the full committee and a representative from each of the recognised parties. Because of this composition, the government is in a minority and so its dominance is tempered to some extent. This aspect of the Ontario model has been praised as providing a real opportunity for an opposition party to put an initiative on a committee's agenda without necessarily obtaining the agreement of the majority. It fosters a bi-partisan approach to committee work. An important function of sectoral committees is to examine Bills which impact upon the portfolio area covered by these committees. The examination of Bills usually involves the hearing of views expressed by interested persons, groups and organisations. In contrast to other Canadian provinces, the committees of Ontario tend not to undertake detailed clause-by-clause examination of Bills. The Minister who is the sponsor of a Bill under consideration by a committee is often asked to participate in the Bill's examination as a witness and to provide documents and clarification as required by the committee members. The Standing Orders of the Legislative Assembly provide that standing and select committees are empowered to examine, inquire into and report on from time to time all such matters as are referred to them by the House. Unless the Legislative Assembly otherwise orders, a committee has power to send for persons, papers and things. However, the committees are not empowered to summon and compel the attendance of witnesses. Faced with an unwilling witness they must report to the Legislative Assembly and request the Speaker to issue a warrant. At the end of an inquiry, a committee may present a substantive report to the Legislative Assembly. A report may include the text of a draft Bill on the subject matter of the inquiry. If the committee adopts the text of a draft Bill, the chair of the committee introduces the Bill in his or her name as the Bill's primary sponsor. Reports of standing and select committees on Bills must be considered by the Legislative Assembly on being presented and the Speaker must then put the question on the motion for the adoption of the report. Other committee reports, on being presented to the Legislative Assembly, may be considered and debated by the House if the committee or at least 12 members of the Legislative Assembly so request. Within 120 days of its presentation, a report that is considered and debated by the Legislative Assembly must be responded to by the government. A committee chair may also propose that the Legislative Assembly adopt the report. The Ontario committee system has benefits and limitations. A major strength, stemming from the emphasis placed on public consultation and hearings is that the committees show initiative and table reports containing conclusions and recommendations. The Ontario system also places importance on the formal independence of the committees and on the principle of parliamentary autonomy. The permanent orders of referral contained in the Standing Orders lessen committees' dependence on instructions from the Legislative Assembly and from Parliamentary House leaders. This gives committees scope for initiative and action. The use of sub-committees also provides the opportunity for all members to have a certain amount of input, free from government dominance. H. Parliamentary committee system of the Senate of CanadaIn the federal Canadian Parliamentary system, the Senate plays a critical role. The Senate is the upper chamber in a bicameral parliament. It was created to protect various regional, provincial and minority interests and to act as a check and balance mechanism as it reviews legislation passed by the lower chamber, the House of Commons. Senators, unlike members of the House of Commons, are not democratically elected. Instead, they are appointed by the Governor-General on the recommendation of the Prime Minister. All Canadian Provinces and Territories are represented in the Senate, ensuring that regional interests have a voice within the federal Parliamentary system. Parliamentary committees of the Senate can be divided into 2 main types: Standing Committees and Special Committees. Standing Committees can be further divided according to the composition of their membership. There are Senate Standing Committees and Joint Standing Committees. Senate Standing Committees are solely composed of members of the Senate. Joint Standing Committees are made up of members from both the Senate and the House of Commons. Joint Standing Committees examine matters of mutual interest to both chambers. The Scrutiny of Regulations Committee is an example of a Joint Standing Committee. In addition to Standing Committees, the Senate may also appoint Special Committees. They conduct studies on specific matters considered important to Canadians and report on these matters to the Senate. The Senate is empowered to set the terms of reference and indicate the powers to be exercised and the duties to be undertaken by a Special Committee. Senate Standing Committees Senate Standing Committees are appointed to consider, and to report to, the Senate on matters falling within the functions set out in the Rules of the Senate relating to each committee and on any other matters that may be referred to them by resolution of the Senate. Standing Committees examine Bills and may carry out special studies. However, before they may carry out these functions, they must receive a specific order of reference from the Senate. However, 2 Standing Committees, (the Committee on Internal Economy, Budgets and Administration and the Committee on Privileges, Standing Rules and Orders) are authorised to use their own initiative to consider matters relating to their functions. The Senate has power to refer any Bill, message, petition, inquiry, paper or other matter to any committee. However, in most cases, the Senate refers legislation to one of its established Standing Committees, which, depending on its functions, may study legislation, investigate policy matters and examine government spending proposals. Current Senate Standing Committees include—
At the beginning of each session of Parliament, a 9 member Committee of Selection is appointed by the Senate to nominate the membership of the Standing Committees. Each Senate Standing Committee, however, selects its own chairperson and deputy chairperson. Most of the Standing Committees consist of 12 members, appointed for the duration of a session. Some Standing Committees, because of the nature of their responsibilities, have a greater number of members. The quorum for all committees (other than subcommittees) is 4 members. Membership of sub-committees is limited to no more than half the full committee and the quorum is fixed at 3 members. A Senator who is not a member of a committee may still participate in a committee's deliberations, but may not vote or be counted in the quorum. The Rules of the Senate set out the general functions of each standing committee. The powers that a Standing Committee has in order to be able carry out its work are also stipulated in the Rules of the Senate. Standing and Special Committees may send for persons, papers and records. This enables a committee to request the presence of witnesses or the submission of documents that it considers necessary to conduct the work referred to it by the Senate. If a committee's request is not met, the committee can issue a summons insisting that certain persons attend or that materials be made available. Bills are usually referred to Standing Committees for study and review following their second reading by the Senate. As part of its consideration of any government Bill, a committee will hear government officials and, time permitting, interested groups or individuals. The responsible Minister may also appear before the committee to speak on the Bill. While there is no fixed convention, the appearance of the Minister can precede the clause-by-clause review of the Bill, during which stage the committee considers any amendments that might be proposed either at the request of the government or by any member of the committee. In addition to studying Bills following their second reading by the Senate, committees may be assigned a Bill for pre-study, that is, the examination of the subject matter of a Bill before it has been passed by the House of Commons or before its first reading in the Senate. The process that a committee follows in carrying out the reference of a special study is similar to that of the examination of a Bill. Witnesses may be called, and a report is drafted. A Standing Committee to which a Bill has been referred must report the results of its review to the Senate. Recent practice has seen committee reports include observations, which are findings or concerns related to the Bill. These observations are not expressed in the form of amendments to the Bill and are not binding even if the report is adopted. Committees conducting special studies are slightly different to committees considering Bills in that they are not specifically required under by the Rules of the Senate to report. Instead, by convention, the motion proposing the Order of Reference not only explains the parameters of the study, but usually also states the date by which the committee must report its conclusions. Reports on Bills are always presented to the Senate and not tabled because further consideration must take place in order to secure the passage of the Bill. Such reports may be debated by the Senate immediately or at some future time, and approved, amended or rejected as the Senate wishes. Reports on special studies are generally tabled and they become part of the public record. No further consideration occurs unless a specific request is made. It is interesting to note that unlike many other Parliamentary committee systems, the government is not required to respond to a committee report once it has been presented. The work of Canadian Senate parliamentary committees is generally regarded as important and effective. Much of the Senate's work takes place within committees, with over 50 Bills examined and 30 special studies undertaken each year. Scrutiny
of Acts and Regulations Committee |