Travel Report

Westminster Seminar

on Parliamentary Practice and Procedures

Hosted by UK Branch of the

Commonwealth Parliamentary Association (CPA)

Submitted by Speaker of the Queensland Legislative Assembly

Hon Fiona Simpson MP

June 2013

Contents:

• Executive Summary

• Rules of Reporting Page 11

• Itinerary

• CPA Program - London

• Appendix- Report on Scottish Parliament security upgrades

Executive Summary

In June this year I had the honour to be accepted into the 62nd Wesbninster Seminar on Parliamentary Practice and Procedures at the UK Parliament in London and was

also asked to present in one session.

· · Approximately 90 elected representatives from nearly 30 Commonwealth countries

participated.

Presentations covered a wide variety of topics from the effectiveness of

parliamentary committees and the differences in scrutiny and procedures in unicameral and bicameral systems.

There were excellent presentations from host parliamentarians of the UK Branch but

the diverse exchanges and contributions from conference membership were the

highlights.

These revealed a greater understanding of challenges faced by democratic

institutions and how culturally and historically different communities adopt and evolve their practices.

This was particularly helpful as Australian parliaments such as the Queensland

Legislative Assembly have strong relationships with our colleagues in Pacific Island countries, particularly those where we have been actively involved in twinning

relationships to strengthen regional governance and help in the growth of stable democracies.

The Wesbninster Conference provided an opportunity to engage once again with

these Pacific Island colleagues and also to gain insights as to how elected representatives from other developed and developing democratic countries face

their respective challenges, and how they can better help each other.

These exchanges provide important mentoring opportunities and also first-hand information about how international aid is applied in strengthening stable and

effective democratic governments which is important for economic and social development.

As a former journalist, I was asked to present in a session with Lord Black on

Parliament and the media, which provided an informative exchange with participants, particularly in regard to recent inquiries in the UK

Page I 2

The primary purpose of the visit to the UK was to take part in this conference but I

also visited the Scottish Parliament for two days to investigate their security

upgrades.

This Scottish component of the UK visit is covered under the Office of the Speaker Financial Guidelines and thus this report is tabled separately. For ease of reference, I Page I 3

attach a copy to this report as well. The personal component of travel while in the

UK is listed in the enclosed itinerary and largely composes of one recovery day on

arrival from Australia, and weekends when no business was scheduled.

I am grateful for the outstanding program which the UK Branch of the CPA created for members of the Commonwealth who were able to attend this.

The intensive program was of a high standard with strong support from local parliamentarians who helped facilitate throughout.

It is a practical program of professional development for parliamentarians and

parliamentary officers as well as providing important linkages between parliaments.

CPA Rules of Reporting

It is a requirement following any overseas travel under the Commonwealth Parliamentary Association (CPA) administrative guidelines that a report be tabled:

3.10 Report to Parliament

Following return from overseas travel, the Member must table in Parliament within one month of return, or the next available sitting, a written report on the overseas travel undertaken.

The report is to detail: • the CPA activity undertaken; • benefits obtained from the overseas travel; • any duties undertaken on behalf of Queensland (which would be ancillary to the primary purpose of the travel); • the final itinerary or program, including countries visited, dates of travel, and sufficient detail to substantiate the official nature of the journey; • details of accompanying persons (including the spouse) whose costs are to be met by public funds and purpose for their attendance; and • details of any personal component of the travel.

UK VISIT ITINERARY- 9 - 26 JUNE 2013 - FIONA SIMPSON MP

DATE TIME WHAT Sunday 9 June 11.25AM QF521 QANTAS FLIGHT:: BRISBANE TO SYDNEY 2013 Depart 11.25AM Brisbane Domestic Airport

Depart 16.05PM Sydney International Airport Dubai International rt

Monday 10 6.35AM QF2 QANTAS FLIGHT:: DUBAI TO HEATHROW June 2013 Dubai International Airport

Thursday 13 June 2013

Arrive 6.35am Heathrow International '"rr"""

09.00AM FLYBE FLIGHT 843 ECONOMY:: BIRMINGHAM TO EDINBURGH Depart 9.00am Birmingham International Airport Arrive 10.1 Edin Turnhouse MACDONALD HOLYROOD HOTEL 81 HOLYROOD ROAD EDINBURGH GB EHB BAU

.15pm THE SCO PARLIAMENT: OVERVIEW & RECENT DEVELOPMENTS Steven UKIRO TG.23

45pm LUNCH HOSTED BY THE DEPUTY PRESIDING OFFICER, SCOTT MSP. Members of the CPA Scotland Branch Executive Committee also in attendance.

Officer's Room 2.15pm COURTESY CALL - DEPUTY PRESIDING OFFICER OF THE SCOTTISH

PARLIAMENT Elaine Smith MSP Officer's Office

.45pm MEETING WITH ASSISTANT CLERK/CHIEF EXECUTIVE, KEN HUGHES 'Security upgrades in the Scottish Parliament; External Screening Facility' Committee Room 6

45pm DEPART SCOTTISH PARLIAMENT

10.30am ARRIVE AT SCOTTISH PARLIAMENT, QUEENSBERRY HOUSE ENTRANCE Met Steven UK and International Relations Office

10.40am PRIVATE TOUR OF SCOTTISH PARLIAMENT BUILDINGS Visitor Services Guide

11.40am OBSERVE GENERAL QUESTION TIME Presidi Officer's G

12.00pm OBSERVE FIRST MINISTER'S QUESTION TIME Presidi Officer's G

12.30pm DEPART SCOTTISH PARLIAMENT

Friday 14 une BRITISH AIRWAYS FLIGHT 1441 ECONOMY 2013 Depart 10.10am Edinburgh Turnhouse Airport

Arrive 11.35am London Heathrow ...... r'"'"

Sunday 16 June 2013

Monday 17 June 2013-Friday 21 June 2013

16.05PM

nA•:n:11u 26 7 .05AM

DOUBLETREE BY HILTON HOTEL LONDON- WESTMINSTER 30 John Islip Street I London Check in 16 June 2013 Check out 22 June 2013

Received conference material on arrival 62ND WESTMINSTER :St:IVIIN

PRACTICE AND PROCEDURE 117-21 JUNE 2013

June 2013 Depart 7 .OSAM Brisbane Domestic Airport Arrive 8.35AM '"''/''""'"/

62Nn WESTMINSTER SEMINAR ON PARLIAMENTARY

PRACTICE AND PROCEDURE I 17- 21 JUNE 2013

AIM

1. The a1m of the sermnar 1s to explore parliamentary practice and procedure within a

Westminster-style framework in order to enhance the capacity of participating

parliamentarians and clerks.

OBJECTIVES

2. Parliamentarians. To explore through briefings, discussion sessions and practical observation:

2.01. The role of Parliament in holding the Executive to account.

2.02. The role of opposition parties and cross-party relations.

2.03. Party discipline and transparency.

2.04. The role of a second chamber and bicameralism.

2.05. The relationship between Parliament and the media.

2.06. Representation and the role of the MP in the constituency.

2.07. The management and administration of Parliament including the work of the

Speaker/Presiding Officer, the Commission and Members' services.

3. Clerks. To explore through briefings, discussion sessions and practical observation:

3.01. The role of Parliament in holding the executive to account.

CPA UK

3.02. The role of the Committee Clerk.

3.03. Member/Clerk relations.

3.04. The Scrutiny Unit.

3.05. The Journal Office.

3.06. Providing procedural and legal advice to Members.

3.07. Representation and the role ofthe MP in the constituency.

3.08. The management and administration of Parliament including the work of the

Speaker/Presiding Officer, the Commission and Members' services.

Westminster Hall London SW1A OAA T: +44 (0)20 7219 5373 F: +44 (0)20 7233 1202 E: cpa@parliament.uk W: www.parliament.uk/cpauk Registered Charily No, 1095118 Registered Company No, 4606846

PROGRAMME IN BRIEF

MONDAY 17 JUNE

0900- 1000 Seminar welcome and introductions

1000- 1100 Session 1: Introduction to the UK Parliament

1115 - 1215 Session 2: The legislative process

1315- 1415 Session 3: Running Parliament

1415- 1530 Session 4: Bicameralism - the work of a second Chamber

1600- 1715 Session 5: Parliamentary Questions (PQs) and motions

1730- 1830 Clerk's Reception at No 3 Parliament Street

TUESDAY 18 JUNE

Split day Members only Clerks only

0900- 1015 Session 6: The role of an MP Ses~ioll, 6: Member/Clerk relations --i --,

1030- 1200 Session 7: The role of the Opposition ··{')ession7:The role of the Committee Clerk

1200- 1315 Session 8: Party discipline in Parliament· ...

Session 8: 'Fhe Scrutiny Unit

1430- 1530 Session 9: The role of the Leader q;t'~the Session 9: The Jburp.al Office House

.. . .

1545- 1700 Session 10: The role of the media in the' ~'

Sessio11JO: Legal SefV19~~ and Speaker's oversight of Parliament. · .. ·. couil~elc ...

WEDNESDAY 19 JUNE

0900- 1015 Session 11: The Committ~e. Syst~ ..

... · 1030- 1130 Session 12: Workshop sessio~~n theColl!I11ittee Systen:

1130- 1230 Session 11:(!Iol~ing;the Prime Iv[inister td<1-~~~U1lt- Pr1me.Minister' s Questions

1330- 1430 Sessio11'14': Standai4s, ,Privileges and theJhdependeritParliamentary Standards Authority (IPSA);:· .. .. • . . .

1430- 1530 Session IS :(!Jle W orl<i~g Parliament ,"0"1_:

1545- 1700 ~Z.J ..... · 1s;~~iPcll16: Dev<i~ut~op ·• · .•. ' •. · ·•· •. 1700 - 18J)("> SessiBrl~7:,J2lect6ral~ystems · .. . ...

; ' ,.. - ' --~-

1815- 200Q. Session lS:'W:orking sunJ>~r- delegates exchange views

THURSDAY 20 JUNE

0900- 1000 S .. ession 19: Broadcasting Parliament N• '"--·1 ~~

1015- 1130 Sessi~n.tO: Parlian}eryt, Non-Governmental Organisations (NGOs), and Civil Society

1130- 1230 Session·2r:.Women m Parliament '7! .

1400- 1500 Session 22: l'l,l(r0le of the Speaker

1515- 1630 Session 23: Parliamentary information services- resource, research and outreach

1630- 1730 Session 24: Commonwealth matters

1730- 1800 Session 25: Constituency visit briefings

FRIDAY 21 JUNE

0800- 1300 Session 26: Constituency visits

1400- 1445 Session 27: Report back on constituency visits

1445- 1530 Session 28: Young people and Parliament- engaging the next generation

1530- 1620 Session 29: Closing plenary

2

PROGRAMME IN FULL

SUNDAY 16 JUNE All day Arrival day

MONDAY17JUNE 0830 Depart hotel

0845 Arrive Houses of Parliament, proceed to the Attlee Suite

0900 Seminar Welcome and Introductions

1000 Session 1: Introduction to the Parliament at Westminster

The seminar uses the Parliament at Westminster as the vehicle to deliver most of the sessions. This session will introduce delegates to Westminster, give an overview of the structure of the Parliament including its history(!f~fining features, recent reforms and debates, and current issues. <;;;-( '~-;

" <:; (

1100 Coffee

1115 Session 2: TJre Legislative~:t;>~~cess ~ ,,

Parliamentarians are legislators. Th1~ ~ession will provide drs¢'tts~ion on the passage of bills through Parliament. Where do bilfb;nj~inate? How are they df,~t~<;l? How do they become law? What is the purpose of secondacyl~'gislation{w:hat is pre-l~gt~l~t,ive scrutiny?

>", _,-, __

''::J "' ·, .. ,.·' ~' :. ,z

1215 Lunch

1315 ": >S~ssio~ 3: Rumihi~:farliament "' "'

Many Parliam~nts have a fom1 of Parli~wentary 'eb~ission to administer and manage themselv~s,so~-d~ not and some are intr~dm~.i1lg s~cilra body. How is the Parliament at Westruxn.stefacimil}i~tered and 11lanag~4? !,Wfiat:\11}~. the roles of the House of Commons Comm1sS'~on and Holrse: of Lords HoJ1S,e Committee?'How do these bodies interact with the two managetp,ent boards~ What is the:~ipteraction between the two Houses?

!~,[ ,\]- :., L :· ,, •' 1415 ,f : .. cr':, ·. S~~~j~n 4: Bi~aJ!~ralisiJl•the work of a Second Chamber

: ~·,:,

'~

Many Patliain.ents ll~y~ f:rvo Chambehi:.and some who have just one are setting up a second _ ... , Chamber. Tht~:.sessiori }¥ill examine the advantages and disadvantages of a bicameral

}system. Using'tij0.c._WestriiYister vehicle, what work does the Upper House, the House of , 'tdrds, undertake'' .~d what i~ its relationship with the Lower House, the House of

Coilunons? What mig)lt future reforms of the House of Lords look like? t~ ,, -'-, ' ' -'

~ 1530 Tea

1600 ••••• Session 5: Parliamentary Questions (PQ) and motions

Parliamentary questions are dealt with differently in different jurisdictions, this session will explore the different types of questions (written, oral and urgent) asked in Parliament and the ways in which questions are tabled, answered and traced. What rules govern parliamentary questions? How do questions enable MPs to hold the Government to account - and how effective is the summoning of Ministers to Parliament to answer and urgent question? What is the interaction between PQs and Freedom of Information (FOI)?

1715 Depart Attlee Suite for No 3 Parliament Street

1730 Reception at No 3 Parliament Street 1830 Depart No 3 Parliament Street for hotel

TUESDAY 18 JUNE 0830 Depart hotel

3

0845 Split day 0900

1015 1030

1200

1315 1430

1530 1545

Arrive Houses of Parliament

Member-only sessions (Attlee Suite) Clerk-only sessions (CPA Room) Session 6: The role of an MP Session 6: Member/Clerk relations

What 1s the role of an MP m his/her A discussion on what makes for an effective constituency? What is the relationship working relationship between Members and between the Party and the MP? What are the Clerks. Clerks and officials are the oil in the differences between a list MP and a parliamentary engine. For Parliaments to constituency MP? Is constituency work function effectively and efficiently there increasing? should be relationships of mutual respect and

Coffee in the Attlee Suite

Session 7: The role of the

esteem between parliamentarians and Clerks. How can the relationship be enhanced?

Coffee in the CPA Room

· · ' Session 7: The role of the .·•

Opposition Committee Clerk ;; j=

A look at life in Opposition and cooperation:' '~'A sess~o;n•,yxploring the skills and knowledge with MPs from other Parties. Whar'irtne required by;~(9ommittee Clerks to support role of Opposition Parties in scrut,n'is.fng. the their Committee.s in carrying out their Executive? What is understood by t~~ term programme of Wofk. What is the role of "loyal Opposition"? Why do ··· ·$~me Cle!~~ .·in planning :~ork? What role should Parliaments use the teiT¥s, Majority Pli~ Qlerks 'play during inqUKY sessions? What is and Minority Party? I;I(;lw, ;a~e Opposition; 'ti{e relationship betWe~n the Committee Parties financed? What is, the Tole of the Chair and the Committee Clerk? What makes Shadow Cabinet? ' fdr] • .. a comprehensive and informative

Commt!tt;e report?

Session 8: The Scrutiny Unit

A discu~§wn,on Party,4iscipline and\the role This session will give an overview of the role of Whips in ·(·~rliame~t. . How do IWJ:ips of a Scrutiny Unit in providing financial :op,er~~e as a :c~aJ;U1~1 of'. co111municrat\on scrutiny and support to the several

~ •··I,! b6t"We~]p~!~e fron:fail<fback bell:O:he~? ;Howis Committees. How is the Unit structured? •• • Party diseJp~ine m,aintained? Hti;w do What expertise does the Unit make available t' Government• :~d 0pp~8\tion interact to for Committees to use?

,':~,deliver parliarrieptary bUsiness? How are : i'Mhips offices o~g~ised? Hdw do Whips

interact with Mertipers who take the major decis}~n :? vote aga,~st their Party line?

Lunch in the Attlee Suite for all

Sessfi}n9: The role of the Leader of the House

Session 9: The Journal Office

How does the Journal Office record the daily How does the Leader of the House organise votes and proceedings? What procedural Government business? What is the Leader's advice and services does the Journal Office role in enhancing Parliament I Government relations?

Tea in the Attlee Suite

Session 10: The role of the media in the oversight of Parliament

4

offer to the House and various Committees? What help does the Journal Office offer to members of the public drafting petitions, and to Members planning to present them?

Tea in the CPA Room

Session 10: Legal Services and Speaker's Counsel

In the UK, 'MP-bashing' is a frequent What is the role of the Legal Services Office occurrence in the national media, yet m and Speaker's Counsel? Where can Clerks local (constituency) media that is often not turn to for specialised legal advice? What is the case. In each country the parliamentarian the Legal Services Office's role in I media relationship is different. What scrutinising domestic legislation? relationship should parliamentarians seek to have with the media? How can successful relationships be built with national and local media? What media training is on offer for parliamentarians? How can MPs maximise their use of modern technology and social media?

1700 Depart Houses of Parliament for hotel

WEDNESDAY 19 JUNE 0830 Depart hotel by coach

0845 Arrive Houses of Parliament

0900 Session 11; *he Committee/S-ystem -

The Select or Departmental Conilrl~ttee system can be a pCi>werful parliamentary tool to scrutinise the Executive, yet in sohrejurisdictions the system isi\yeak. This session focuses on the scrutiny role of Select Committ~e~. How at;c{Committees ~trqpn;tred and how do they function? What are the conditions and success fa:dors that make for an 'effective Committee? What benchmarks can beU.s~ed.to measure CotiJ.iriiftee performance? .- -....

i!' ,·,-:: -. ;•'

1015 Coffee

1030 Session 12: Worksh6p:session on the;Committee System i

This se~s}onwi.lt'be aworkshop qiu::oWt):littees, usi~g:cli hypothetical case study exercise . - ·_. . . ~-

1130 Sessidn.l~: Holdirtg the Prime Minister to account- Prime Minister's Questions --.

~~t~e~t111inster the ~ri.Ifie Mi!lJ.st~f appeats in Parliament once a week to answer questions. Some O.~li~t;Parliafl:tepts have a siPTI~l:ll" process. What is the pmpose and procedure of Prime Minister's·~4~stions (fl\1Q)? How effective are PMQ in holding the Prime Minister to

i'~' . account? In ~h_at other ways is the Prime Minister held to account? Following this -; ;discussion delegate.s will 'nave the opportunity to view PMQ live via a video stream in the

' J\ttlee Suite. - ' ~-: ___ ... :

1230 Lunch

1330 Sessio~rl4: ~tandards, Privileges and the role of an Independent Parliamentary Standards Authority (IPSA)

The Office of the Parliamentary Commissioner for Standards was set up by the House of Commons in 1995. What is the role of the Parliamentary Commissioner for Standards? What do the Committee on Standards and the Committee of Privileges do? What is the Code of Conduct? What is the role ofiPSA?

1430 Session 15: The Working Parliament

What is happening in Parliament? This session will provide an opportunity for delegates to observe Parliament 'live' through viewing Ministerial Questions in the House of Commons Chamber, viewing a Select Committee in session, or viewing the House of Lords in session.

1530 Tea

5

1545

1700

1800

Session 16: Devolution

Devolution is a sensitive issue in many countries. This session will look at how devolution is structured, and what roles and powers can be held by devolved legislatures. What are the recent and anticipated developments to devolved structures in Commonwealth countries? What are the issues around the independence referenda - such as Quebec, and Scotland in 2014?

Session 17: Electoral Systems

In the UK members of the European Parliament, House of Commons, and devolved legislatures are all elected using different voting systems. Using the UK as a case-study, this session will give an overview of the different electoral systems operating at a national and regional level:

First-past-the-post, used to elect MPs:tr> the House of Commons and for local elections in England and Wales '>, Single Transferable Vote (STV), used for ~I¢cting the Northern Ireland Assembly, local elections in Scotland and iN:orthem Ireland;~8Jld European Parliament elections in N orthem Ireland ~ ·· · .. Additional Member SysteJii (AMS), used to elebt Ithe Scottish Parliament, the National Assembly for Wales,; and the London Assembfy /, Closed Party List, used to . ~teet Members, of the Europeail\Parliament, with the exception ofNorthem Ireland whi~!l u~es ~1ngle Transferabl~'Vote

What are the arguments 'fi>F ele'Cforal reform? RGW. does the UK electoral system compare with other systems in the C~rnplOllWf!alth? ~

Depart Attlee Suite for the CPA Room

1815 Session 18: W~rking supperinjlie CPA Room- Delegates exchange views j ,:

For parlianietttarians(t~ have the o{lportunity to network together, exchange ideas and y.j;jx;reriences '1~.' gugely: important. This informal working supper has been designed to

.' .. lpf~eWt~~eJ~~t oppottt;nity. . · zo( . .

2000 Depart Houses of Parliament for hotel

THURSDAY 20 JUNE 0830 Leave hotel

0845 Arrive Houses of Parliament

0900 · Session 19: Broadcasting Parliament

1000 1015

1130

Showing the. ;genetal public what happens in Parliament is an important element in the process ofwiclep.ing democracy. Should Parliament be broadcast to the public? What is BBC Parliament? What is BBC Democracy Live? How has the broadcasting of Parliament evolved in the UK? How does this compare with other countries?

Coffee

Session 20: Parliament, Non-Governmental Organisations (NGOs), and Civil Society

Parliamentarians are sometimes wary ofNGOs and civil society. This session will explore the relationship between parliamentarians, NGOs, and civil society organisations. How can more active mutual cooperation be achieved? How can mutual communication be encouraged?

Session 21: Women in Parliament

6

The number of women in Parliament and the empowerment of women parliamentarians are big challenges in some Parliaments. How well are women represented in Parliament today? How has an increase in women's participation in politics been achieved? What are the continuing challenges faced by women in politics and how should they be addressed?

1230 Depart the Attlee Suite for Speaker's House

1245 Lunch at Speaker's House 1345 Depart Speaker's House for the Attlee Suite

1400 Session 22: The role of the Speaker

The Speaker of a Parliament is a very important appointment. What is the role of the Speaker? Should the Speaker have a role outside Par~iament? How is the Speaker elected -should he/she renounce party affiliation? Should th~ Speaker be a serving parliamentarian?

' .. _'_

1500 Tea

1515 Session 23: Parliamentary intormatii:)~ services- resource, reseaJ:cb and outreac!b

_'1, '

To function better, parliamentarians ~h6~ld have access to mqd~rn and effective information services, but the investment is large.Jiow are Information Setvi~~s structured in a modern Parliament? Taking Westminster as an ,examgle, what services ar.e offered through the House of Commons lib~ary~ research depa#tneJ11!l)ipd the Parliamentary Office of Science & Technology (POST)? What· .. Qther informati<ni !!~ices are available to Members?

..... .. ;

1630 $essi6n.2'~: ,Commonwealth matters

Following,the:lastCHOGM and the comill.gimplementafiop. of 85% of the recommendations of the rep<;rrt by tp.e Eminent If~rsons ;§ro~p;}there is much going on to modernise the Commqriwealth and \t!It~. CPA. This· St<ssion will explore the role of the Commonwealth and the CPA aU:dthe chall~nges they J:>oth face. How can I should the Commonwealth be strengthene'd? What is the.role of the CPA in strengthening parliamentary democracy and

- \ ' - : '

·······, I ;~~p~~~acy? '

,,, ' '• .•• p. ;:, •;'

1730 ":~;· ··· ic :. · S~'Ssion 25: Briefings for the Constituency Visit 'i

: '

! .Jhis day, delegates willlie • .the guests of British MPs in their respective constituencies. ; Understanding the administration and logistics involved is important. Delegates should make

the :most of attending and listening to this short briefing. ··,

1800 Depart Houses of Parliament for hotel

FRIDAY21 JUNE 0700-0900 Depart hotel for constituency visits

Morning Session 26: Constituency Visits

It is always interesting to learn how colleagues interact with their constituents and to know more about the way colleagues run their constituency offices, etc. This session involving visits to London MPs' constituencies will focus on the role of the MP in the constituency.

1300 Lunch

1400 Session 27: Report back on Constituency Visits

A round table discussion on points of interest from the morning's constituency visits.

1445 Session 28: Young People and Parliament- Engaging the Next Generation

7

Over half of the Commonwealth's 2 billion people are aged 25 or under. It is important for parliamentary democracy to engage young people with politics and parliament. How can politicians reach out to young people and address their lack of political engagement? What are the arguments for and against lowering the voting age to 16?

1530 Session 29: Closing Plenary and Presentation of Certificates

Many Parliaments have a large percentage turnover following elections. What further training and advice would be helpful to assist new parliamentarians and Clerks in planning their induction work? This session will finish with the presentation of certificates.

1620 Tours of Parliament (optional)

'· SATURDAY22JUNE

Allday Departure day .:

8

Report to Queensland Parliament

June 13 and 14, 2013 Visit to Scottish Parliament

regarding security upgrades

Submitted by Speaker of the Queensland Legislative Assembly

Hon Fiona Simpson MP

Purpose The primary purpose of my visit to the Scottish Parliament in Edinburgh on June 13

and 14, 2013, was to investigate the security upgrade which the Scottish Parliament

had implemented over a number of years since a 2007 review.

This complemented research I undertook during a privately funded visit to the

Westminster Parliament in January, 2013, where I met with the head of security to

discuss their physical, operational, and legal frameworks for security, governance

and reporting.

The reason for my investigation of these matters is due to my responsibility for security policy of the Queensland Parliament, and due to my concern that our

precinct have the appropriate legal frameworks and physical and operational

security to support a safe environment for MPs, their families, staff and the public.

Background In 2012, I requested external expert reviews of Queensland Parliament's security to

ensure the best independent and professional advice was available to inform the

Parliament's preparedness. Two different, inter-related reviews were then

conducted, including one by the Queensland Police service. The implementation of

those reviews is yet to be finalised with the Committee of the Legislative Assembly

(CLA) and the Clerk, as security-related capital works are a CLA responsibility and

management of security staff is a responsibility of the Clerk.

Benefit to Parliament The benefit in this visit to the Scottish Parliament was being able to discuss security

related issues in greater detail than would be made available to me in public

documents. This assisted in informing the security policy of the Queensland

Parliament by being able to compare and contrast benefits and drawbacks of the

various approaches by other Parliaments to ensuring the safety of their precincts

while maintaining appropriate public access.

The security review conducted by Scottish Parliament in 2007 was only partially

implemented over a number of years. As the building was relatively new (opened in

2004) and had extensive cost blow outs at that time, further expenditure on the

building was subject to intense public scrutiny and debate. Furthermore, decisions

on implementing the security review were the responsibility of a multi-member

Scottish Parliamentary Corporate Body (SPCB) 1. This committee, comprised of 5

Page 11

Members of the Scottish Parliament (MSP), is in charge of the Scottish Parliament's

accommodation, services and staff, and is similar in function to the CLA.

A number of the 2007 recommendations of the Scottish Parliament security review

were implemented, such as barriers to address unauthorised vehicles accessing the

precinct. However, the more expensive external security facility for screening

visitors to the precinct was not approved. In 2012, another risk assessment

confirmed the need for this facility.

As a result, the SPCB in 2012 considered this particular recommendation in

conjunction with legal advice about the Parliament's responsibilities to appropriately

assess and address risks relating to safety on the precinct. The SPCB resolved to

proceed with an external security facility for screening of visitors to the precinct. The

publicly published documents reveal:

And:

Following "clear and consistent security advice" from its security advisers, the has agreed to the construction of a new, external security facility at Holyrood.

The total cost of the project, including VAT, fees and fit out, will be £6.48m. Work on site commenced on Monday 8 October 2012 with the new facility due to be completed and operational by the end of summer 2013. Throughout this period parliamentary business will not be disrupted.

~~~~~~~==~~ have been erected around the construction site. These do not

affect normal access routes into the building and the Parliament will remain open to the public as usual. The disabled parking area on Horsewynd and the designated demonstration area will be unaffected.

Regular updates on the cost and programme, along with latest images and information for the public will be available on this page.

The SPCB takes seriously its duty to safeguard the wellbeing of the Members, staff and 400,000 visitors who come to Holyrood each year and we appreciate your patience while this work is carried out.2

Legal Advice

18. The SPCB asked for legal advice to help inform its decision. That legal advice makes clear that the SPCB has a duty of care to MSPs, staff and visitors who work in or visit the Parliament complex. It must ensure that it puts in place sufficient measures to minimise the effects such as those identified by the security advisers to the extent that it is reasonably practicable (the statutory test) in the circumstances to do so. The question of what is reasonably practicable is ultimately a question of fact for a jury depending on the

Page I 2

circumstances of each case. The SPCB must ensure that it can demonstrate that it has carried out a thorough and balanced examination of the issues against the associated risks to enable it to be satisfied that the proposed facility is a reasonably practicable measure to address the threats as identified in the security advice.

19. Failure to carry out measures that are in law reasonably practicable could leave the SPCB and its individual members open to prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 for a failure of the duty of care under the Occupier's Liability (Scotland) Act 1960, or under the Health and Safety at Work etc Act 1974 in the event of a person being killed (or injured) in a way that could have been prevented by the construction of the facility.

20. There could also be civil liability for any injury or death, which could amount to substantial damages depending on the circumstances. 3

Additional issues of note from the visit to the Scottish Parliament are training

programs for committees in regard to their duties in public hearings. This has

included specialised training from an outside expert, a former QC, to equip

committee members in forensic questioning. I am advised that the Welsh Parliament

and Western Australian Parliament have also undertaken similar training.

My meeting with the presiding officer, Tricia Marwick, unfortunately was unable to

take place due to her ill health however I was pleased to meet with the Deputy

Presiding Officer and other representatives of the Parliament.

I am thankful for the time of staff members who have responsibility for

implementation of their security review and for their advice in regard to the matters

I had queries about.

Discussions also involved duty of care, relative legal frameworks underpinning

security arrangements, and governance.

Estimated cost for this trip was $1009 and there were no accompanying persons on

this trip.

Page I 3

Program

VVednesday12June13 12.10pm ARRIVE AT SCOTTISH PARLIAMENT, QUEENSBERRY

HOUSE ENTRANCE Met by Steven Bell, UK and International Relations Office Page I 4 (UKIRO)

12.15pm THE SCOTTISH PARLIAMENT: OVERVIEVV & RECENT DEVELOPMENTS Steven Bell, UKIRO TG.23

12.45pm LUNCH HOSTED BY THE DEPUTY PRESIDING OFFICER, JOHN SCOTT MSP. Members of the CPA Scotland Branch Executive Committee also in attendance. Presiding Officer's Dining Room

2.15pm COURTESY CALL- DEPUTY PRESIDING OFFICER OF THE SCOTTISH PARLIAMENT Elaine Smith MSP Presiding Officer's Office

2.45pm MEETING VVITH ASSIST ANT CLERK/CHIEF EXECUTIVE, KEN HUGHES 'Security upgrades in the Scottish Parliament; External Screening Facility' Committee Room 6

3.45pm DEPART SCOTTISH PARLIAMENT Evening Personal time Thursday 13 June 2013 10.30am ARRIVE AT SCOTTISH PARLIAMENT, QUEENSBERRY

HOUSE ENTRANCE Met by Steven Bell, UK and International Relations Office (UKIRO)

10.40am PRIVATE TOUR OF SCOTTISH PARLIAMENT BUILDINGS Visitor Services Guide

11.40am OBSERVE GENERAL QUESTION TIME Presiding Officer's Gallery

12.00pm OBSERVE FIRST MINISTER'S QUESTION TIME Presiding Officer's Gallery

12.30pm DEPART SCOTTISH PARLIAMENT Friday 14 June 2013

Depart Scotland