NSW Warrant Powers Allowing Parliament to Compel Attendance of Ministers

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023

Opposition Bill

Legislative Council

Legislative Assembly

Assent

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Introduced by: Damien Tudehope MLC (LIB)

Effects of this bill

If this bill passes, it means that:

Parliament or its committees can now summon ministers to give evidence as witnesses.
Non-ministerial members of the Council or Assembly cannot be summoned under these powers.
Ministers lose the specific protections usually given to members of parliament when testifying.
Ministers cannot be paid witness expenses.

The Debate

What different members said when this bill was debated:

John Graham ALP

“I lead for the Government in debate on the Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023. Due to the significance of the changes proposed in the bill, I signal to the House that the Government strongly supports its proposed referral to a committee. I hope that that may be an agreed position at the end of this debate, but that is obviously a matter for the House.”

Official source →

Abigail Boyd GRN

“On behalf of The Greens and as the parliamentary Public Accountability and Works Committee Chair, I make a contribution to debate on the Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023. I thank the member for introducing it. It is strange to be agreeing with the Coalition on fundamental issues of accountability and democracy.”

Official source →

Peter Primrose ALP

“The issues that we are discussing today, as with all matters to do with privileges, are often described as being like engaging in three-dimensional Tetris in the dark. That is particularly so in this State because, unlike others, we do not have a privileges Act.”

Official source →

Sue Higginson GRN

“I make a contribution to this debate and reinforce the comments of my colleague Ms Abigail Boyd about the importance of accountability and transparency between the Executive and the Legislative Council. This is a matter of democracy, trust and faith in democracy. I acknowledge that this House is assisted by the Executive in completing its functions.”

Official source →

Cameron Murphy ALP

“I make a brief contribution to the debate on the Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023, which, in essence, amends section 5 of the Parliamentary Evidence Act 1901 to provide the power to compel a Minister to appear before a committee.”

Official source →

Mark Latham IND

“The Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023 seeks to give the Chamber the power to summons Ministers to give evidence and it would also allow, I assume, the other place to summons Ministers for its committees and processes. It is to be supported in principle, given the recent experiences we have had.”

Official source →

Damien Tudehope LIB

“The bill covers important issues and seeks to increase the ability of this House to conduct its affairs in the way it sees fit, in its aim to be a proper house of review. I accept that when in government we might not like it, but when in opposition we do like it. I accept that it raises issues that would be better ventilated at an inquiry.”

Official source →

News articles and press releases

Parliamentary Evidence Amendment (Ministerial Accountability) Bill 2023

The Hon. DAMIEN TUDEHOPE — 2023-09-13

Only the Minister’s appearance before the committee to give evidence can assist the committee to examine those apparent contradictions and get to the truth about whether the appointment accorded, or otherwise, with the proper processes. However, this legislative amendment is not simply about one Minister. It is about the ability of the Parliament to do its job when it comes to the entire Executive. The Parliamentary Evidence Act 1901 deals with the power of either House, and of the committees of either House, to formally summons a person "to attend and give evidence" before the House or the committee. Members would be aware that this power is seldom used, as the usual practice is for committees to invite or request potential witnesses to attend and give evidence.