Constitution of Queensland and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill locks the core features of Queensland's parliamentary committee system into the state Constitution, so they can't be easily changed or removed. It requires at least six portfolio committees covering all areas of government, a minimum six-week committee review of most new bills, and a public budget estimates hearing for the annual Appropriation Bills. It also lets committees start their own inquiries on matters within their portfolio.
Who it affects
Every Queenslander who might want to make a submission on a new law benefits from a guaranteed committee review period, while MPs and the government of the day lose the ability to quietly skip committee scrutiny without declaring a bill urgent.
Key changes
- At least six portfolio committees covering all areas of government must be established at the start of every parliamentary session
- Every bill must be referred to a committee for at least six weeks unless the Assembly votes to declare it urgent
- The annual budget bills must go through portfolio committee examination at a public hearing
- Portfolio committees can now start their own inquiries into any matter within their portfolio area
- Existing portfolio committees automatically continue under the new constitutional arrangements
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to CLA for its consideration as the CLA is the Committee
Committee report tabled
▸Second Reading13 Sept 2016View Hansard
▸12 members spoke12 support
As Premier, introduced and led debate on the bill, arguing it strengthens Queensland's democratic system by statutorily recognising core matters of the parliamentary committee system in the Constitution and requiring an absolute majority for future constitutional amendments.
“The absolute majority requirement, together with the insertion of the core matters of the parliamentary committee system into the Constitution, will provide more certainty around the continued existence of the parliament's powers through the committee system to scrutinise government activity.”— 2016-09-13View Hansard
As Leader of the Opposition, signalled LNP support for the bill and its amendments, recognising the importance of entrenching the committee system as a check on executive power in Queensland's unicameral parliament.
“In rising today, I signal that the opposition will support the changes proposed by the Premier and the amendments that were circulated in her name earlier today.”— 2016-09-13View Hansard
Supported the bill as a vital protection against executive overreach in a unicameral parliament, and endorsed the absolute majority amendment as appropriate for constitutional change.
“The key thing that is the bulwark against that—and should be the bulwark against that and that this legislation enshrines—is the role of a vibrant and capable committee system.”— 2016-09-13View Hansard
Supported the bill's statutory recognition of the parliamentary committee system, arguing entrenchment would secure the system as a fundamental principle of Queensland's democracy.
“It is why our system ought to be entrenched in the Constitution. Entrenchment will secure our committee system as a fundamental principle of this democracy.”— 2016-09-13View Hansard
Supported the bill, linking it to the Finance and Administration Committee's work on four-year terms, arguing strong committee oversight is essential given the absence of an upper house.
“It was very important, certainly to the Finance and Administration Committee, that the committee system was made as sure and as secure as it possibly could be.”— 2016-09-13View Hansard
Supported enshrining core matters of the parliamentary committee system in the Constitution, noting the committee system is essential to accountability in a unicameral parliament.
“As a unicameral parliament, there must be checks and balances for the accountability of the parliament to ensure the integrity of our contribution to a robust democracy and for the comfort of the Queensland public and its institutions.”— 2016-09-13View Hansard
Supported the bill, tracing the history of Queensland's committee system and arguing a strong committee system is vital to accountability in a unicameral parliament.
“We need a strong and active committee system so as to have a functioning parliamentary democracy. A broad range of parliamentary committees means that our parliament is accountable, accessible and transparent.”— 2016-09-13View Hansard
Supported the bill as providing enhanced oversight of the Legislative Assembly following the move to fixed four-year terms, emphasising portfolio committees' role in accountability.
“This bill not only strengthens the role of portfolio committees but also enhances their power to do additional work and provide that additional scrutiny whilst also ensuring that the Legislative Assembly remains accountable to the people of Queensland.”— 2016-09-13View Hansard
Supported the bill, arguing it strengthens the committee process, enshrines core matters in the Constitution and increases community trust in the legislative process.
“I support this bill, because it strengthens and improves the committee process. It continues that tradition, which was started by Goss, of improving transparency and accountability in this state.”— 2016-09-13View Hansard
Supported the bill as a member of the Finance and Administration Committee that had recommended entrenching the committee system, noting the measures will greatly strengthen committee independence.
“This amendment will greatly strengthen the independence of the committee system.”— 2016-09-13View Hansard
Supported the bill, arguing with fixed four-year terms now in place the committee system must be entrenched so Queenslanders can trust that legislation receives proper scrutiny.
“With these four-year terms now a reality we need to entrench our committee system so that Queenslanders can feel comfort that our work in this place is given the proper scrutiny it so appropriately deserves.”— 2016-09-13View Hansard
Supported entrenching the core matters of the committee system in the Constitution as a member who served as a proxy on the Committee of the Legislative Assembly that examined the proposal.
“It is right and proper that these core matters of the parliamentary system be incorporated into the Constitution.”— 2016-09-13View Hansard
▸In Detail13 Sept 2016View Hansard
Insert new clause 2A to require bills amending the Constitution respecting the constitution, powers or procedure of the parliament to be passed by an absolute majority of the Legislative Assembly before presentation for assent.