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Report: Review of the Standing Orders 27/9/11

[Original: New Zealand Parliament - Review of the Standing Orders
Scoop copy: DBSCH_SCR_5302_ReviewoftheStandingOrders_8589_1.pdf]

Summary of recommendations

The Standing Orders Committee makes the following recommendations.

Recommendations to the House

We recommend to the House that the amendments to the Standing Orders set out in Part 2 of this report be adopted, with effect from the day after the dissolution or expiration of the present Parliament.

We recommend to the House that, when legislation to replace the Civil List Act 1979 is to come into force, a sessional order be adopted requiring the Clerk of the House to record and publish members’ attendance at parliamentary business and approved absences.

We recommend to the House that, when the Legislation Bill is enacted and is to come into force, a sessional order be adopted setting out a streamlined procedure for the consideration of revision bills that—

• provides for no debate on first reading, subject select committee consideration, a debate at second reading, a committee of the whole House stage if required, and third reading forthwith without debate

• includes an instruction setting out the manner in which subject select committees will consider revision bills, and

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• permits a revision bill as a type of omnibus bill.

We recommend to the House that, when the Legislation Bill is enacted and is to come into force, a sessional order be adopted to modify the application of Standing Orders 3(1) and 309 to 314 to reflect the provisions of the bill.

We recommend to the House that it refer to a select committee an inquiry into Parliament’s legislative response to a national emergency, particularly in terms of how it enables ongoing response and recovery, but that such an inquiry be referred following a reasonable period to enable the progress of the recovery from the Canterbury earthquakes.

Recommendations to the Government

We recommend to the Government that the legislation to replace the Civil List Act 1979 include a provision to apply salary deductions to members who are suspended from the service of the House.

We recommend to the Government that legislation be introduced to amend the Legislature Act 1908 to provide that—

• the live broadcast of Parliament’s proceedings, including select committee hearings, is protected by absolute privilege

• delayed broadcasts or re-broadcasts of Parliament’s proceedings, including select committee hearings, that are made by order or under the authority of the House of Representatives are protected by absolute privilege

• a fair and accurate report of proceedings in the House, or summary using extracts of proceedings in the House, by any person is protected by qualified privilege

• the broadcast and other publication of extracts of Parliament’s proceedings, including select committee hearings, that are not made by order or under the authority of the House of Representatives are protected by qualified privilege, in a manner consistent with the provisions of the Defamation Act 1992

• a member of Parliament, or any other person participating directly in or reporting on parliamentary proceedings, who makes an oral or written statement that affirms or adopts what he or she or another person has said in the House or its committees, will not be liable to criminal or civil proceedings.

We recommend to the Government that Cabinet guidelines be amended to require that analysis of Bill of Rights and other constitutional matters be included and given prominence in regulatory impact statements supporting the introduction of bills, and to require Bill of Rights reporting on substantive Supplementary Order Papers.

We recommend to the Government that future Proclamations summoning Parliament appoint the place of meeting as “in the parliamentary precincts in the City of Wellington”, rather than specifying Parliament House.

[Full report:
Original: New Zealand Parliament - Review of the Standing Orders
Scoop copy: DBSCH_SCR_5302_ReviewoftheStandingOrders_8589_1.pdf]

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