Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

The Parliamentary Service Amendment Bill 2014 amends section 65A of the Parliamentary Service Act 1999 to provide that the Commissioner of the Australian Federal Police, or a deputy commissioner or a senior executive AFP employee who is nominated by the Presiding Officers, may be a member of the Security Management Board. It also expands the existing function of the board to include the operation of security measures.

Currently, the legislated membership of the Security Management Board, section 65A(2), is the Secretary of the Department of Parliamentary Services or a senior executive service employee of that department nominated by the Presiding Officers in writing, an SES employee of the Department of the Senate nominated by the President of the Senate in writing, and an SES employee of the Department of the House of Representatives nominated by the Speaker of the House of Representatives in writing.

Currently, the legislated function of the security management board in section 65A(5) is to provide advice as required to the Presiding Officers on security policy and the management of security measures for Parliament House. The bill passed the House of Representatives on 26 November 2014 and was referred to the Senate Finance and Public Administration Legislation Committee for additional scrutiny to ensure that everything was all right with the provisions of this bill. The committee reported on 2 March 2015, recommending that the bill be passed without amendment.

I particularly note the advice from the Clerk of the House of Representatives that:

… it seems entirely appropriate for a senior representative of the AFP to be included as a fourth member of the SMB.

Also, the clerks of the House of Representatives and the Senate both agree that amending the function of the security management board to include the operation of security measures was right. The Clerk of the House of Representatives said it was 'sensible' and the Clerk of the Senate said that it would:

… would put beyond doubt that the Board can and should examine matters related to the operation of Parliament House Security.

Following the report of the Senate Finance and Public Administration Legislation Committee's inquiry into the bill, Labor sought greater assurance that the role of the security management board would not be elevated as a result of these changes and that it would retain its advisory function rather than take on a decision making role. I emphasise that under the Parliamentary Service Act 1999, both as it currently stands and under the proposed amendments, it is the Presiding Officers—that is, the President of the Senate and the Speaker of the House of Representatives—who act on the advice of the security management board.

In order to protect its prerogative, the Senate had to manage its own security and also protect the rights of senators to be consulted on changes to security arrangements. Labor developed a proposal that has strengthened the role of the Senate Standing Committee on Appropriations and Staffing in the oversight of security matters. under Senate standing order 19(3), the Senate Standing Committee on Appropriations and Staffing:

… shall consider the administration and funding of security measures affecting the Senate and advise the President and the Senate as appropriate.

Labor sought a referral to the Procedure Committee proposing changes to the standing orders to change the name of the committee to appropriations, staffing and security and to increase its responsibilities to include the operation of security measures affecting the Senate. The Deputy President of the Senate will be included in the membership of the committee, joining the President, four senators nominated by the Leader of the Government in the Senate, four senators nominated by the Leader of the Opposition and other non-government senators. I also note that any senator is able to attend these meetings.

The Leader of the Opposition in the Senate wrote to the President of the Senate requesting that he use his authority to refer the proposed changes to the Senate Standing Committee on Procedure for inquiry and report, which is the usual practice. The Procedure Committee reported to the Senate on this matter earlier this week. Labor view the Senate's role in the oversight of security matters concerning the Senate and Parliament House very seriously. I am pleased that earlier today the Senate agreed to a reference initiated by Labor to Finance and Public Administration Legislation Committee concerning proposed Parliament House security upgrade works. Changes to the Senate's internal governance of security matters allow Labor to support the bill in the Senate without amendment.