Published Monday, 19 March, 2007 at 03:05 PM
Premier and Minister for Trade
The Honourable Peter Beattie
CLERK OF PARLIAMENT SUPPORTS BEATTIE ON WHISTLEBLOWER GUIDELINES
The Clerk of Parliament has confirmed that recent amendments to Queensland’s Whistleblower legislation and new guidelines for Members of Parliament would not stifle parliamentary debate.
Premier Peter Beattie said the written advice from the independent Clerk of Parliament, Neil Laurie, supported the government’s assertion that there was no hidden agenda to gag Opposition Members of Parliament.
“Quite the contrary, these new guidelines do what they were intended to do,” Mr Beattie said.
“They give guidance to members who receive or act on public interest disclosures about whether a member should or should not reveal the disclosure in a parliamentary proceeding.
“This is always a difficult area for MPs. While they want to pursue matters vigorously in Parliament they are also mindful not to unnecessarily identify a whistleblower or jeopardise a legitimate investigation initiated by whistle blowers.
“I wrote to the Clerk of Parliament last Thursday, 15 March, regarding the impact the new legislation and guidelines would have on members raising information on whistleblowers and their concerns in Parliament,” Mr Beattie said.
“In his response, the independent Clerk of Parliament has provided written advice that is completely consistent with what I have been saying.
“These guidelines are not mandatory and members remain free to raise whatever matters they wish in Parliament.”
This extract from the Clerk of Parliament’s letter makes his position perfectly clear:
My opinions constitute advice only and do not constitute a source of procedure nor can they bind a Speaker or future Speaker. However, it is my opinion that neither the Whistleblowers (Disclosure to Member of Parliament) Bill – (when assented to and proclaimed) nor Standing Order 233A and schedule 5 (when operative) will effect or impede a members’ right to raise and debate matters in the House.
I note that I was involved in the drafting of Standing Order 233A and Schedule 5 and it was the intention in its drafting that it not interfere with a members right to raise matters in the House, but merely provide guidance to the members as to the circumstances in which a matter should be raised in the House.
However, the Standing Order is cautionary only and neither the Standing Order nor guidelines in Schedule 5 provide any mandatory prohibition or basis for a Speaker’s ruling preventing a matter from being raised or debated.
In short, compliance with the Standing Order or guidelines is not mandatory and I cannot envisage a situation that could arise where the speaker could make a ruling under Standing Order 233A or Schedule 5 to prevent a member revealing a public interest disclosure in a parliamentary proceeding.
“The Clerk of Parliament’s advice is very clear and succinct,” Mr Beattie said.
“It proves the Opposition claims are nonsense. They have either misinterpreted the amendments to the Whistleblower legislation and the new guidelines, or else they have deliberately attempted to mislead Queenslanders,” Mr Beattie said.
“Whatever the case, the Clerk of Parliament’s letter sets the record straight, and I hope this means an end to the mischief making on this matter.”
Media inquiries: Premier’s office 3224 4500
March 19, 2007
Premier Peter Beattie said the written advice from the independent Clerk of Parliament, Neil Laurie, supported the government’s assertion that there was no hidden agenda to gag Opposition Members of Parliament.
“Quite the contrary, these new guidelines do what they were intended to do,” Mr Beattie said.
“They give guidance to members who receive or act on public interest disclosures about whether a member should or should not reveal the disclosure in a parliamentary proceeding.
“This is always a difficult area for MPs. While they want to pursue matters vigorously in Parliament they are also mindful not to unnecessarily identify a whistleblower or jeopardise a legitimate investigation initiated by whistle blowers.
“I wrote to the Clerk of Parliament last Thursday, 15 March, regarding the impact the new legislation and guidelines would have on members raising information on whistleblowers and their concerns in Parliament,” Mr Beattie said.
“In his response, the independent Clerk of Parliament has provided written advice that is completely consistent with what I have been saying.
“These guidelines are not mandatory and members remain free to raise whatever matters they wish in Parliament.”
This extract from the Clerk of Parliament’s letter makes his position perfectly clear:
My opinions constitute advice only and do not constitute a source of procedure nor can they bind a Speaker or future Speaker. However, it is my opinion that neither the Whistleblowers (Disclosure to Member of Parliament) Bill – (when assented to and proclaimed) nor Standing Order 233A and schedule 5 (when operative) will effect or impede a members’ right to raise and debate matters in the House.
I note that I was involved in the drafting of Standing Order 233A and Schedule 5 and it was the intention in its drafting that it not interfere with a members right to raise matters in the House, but merely provide guidance to the members as to the circumstances in which a matter should be raised in the House.
However, the Standing Order is cautionary only and neither the Standing Order nor guidelines in Schedule 5 provide any mandatory prohibition or basis for a Speaker’s ruling preventing a matter from being raised or debated.
In short, compliance with the Standing Order or guidelines is not mandatory and I cannot envisage a situation that could arise where the speaker could make a ruling under Standing Order 233A or Schedule 5 to prevent a member revealing a public interest disclosure in a parliamentary proceeding.
“The Clerk of Parliament’s advice is very clear and succinct,” Mr Beattie said.
“It proves the Opposition claims are nonsense. They have either misinterpreted the amendments to the Whistleblower legislation and the new guidelines, or else they have deliberately attempted to mislead Queenslanders,” Mr Beattie said.
“Whatever the case, the Clerk of Parliament’s letter sets the record straight, and I hope this means an end to the mischief making on this matter.”
Media inquiries: Premier’s office 3224 4500
March 19, 2007