Paul Scarr (Queensland, Liberal Party) Share this | Hansard source

I too would like to make some remarks on this interim report, Inquiry into the exemption of delegated legislation from parliamentary oversight. First, if I could acknowledge the kind remarks from Senator Patrick—I couldn't agree more. I also associate myself with the remarks of Senator Ciccone and, given he associated himself with the remarks of Senator Fierravanti-Wells, that means I'm associating myself with your remarks, Senator Fierravanti-Wells. So we're all associates!

Senator Patrick, you are absolutely correct that we, serving on this committee, are very fortunate to have Senator Fierravanti-Wells as our chair and Senator Carr—not Scarr!—as our deputy chair. As a relatively new senator to this place—in the class of 2019 with my good friends Senator Ciccone, Senator Davey and Senator Green, who is not here today, but I'm sure she would concur—there are three things I've taken from the leadership demonstrated by Senator Fierravanti-Wells and Senator Carr on this committee. Firstly, the importance of the experience and wisdom that they bring to the process. It is irreplaceable and just so important. Secondly, the collegiality with which they have conducted themselves. One of the lessons I've learned from serving on this committee is that you have to divorce the partisan from the nonpartisan and I think both Senator Fierravanti-Wells and Senator Carr do that extremely well. Thirdly, and most importantly, is the deep and abiding respect they each have for the institution of parliament. That respect for the institution of parliament is reflected in this report. It's reflected in the first recommendation of this report, that parliamentarians—we're not just politicians—give 'adequate consideration to the appropriateness of exempting delegated legislation from parliamentary oversight mechanisms'. We should do that as parliamentarians.

Reflecting on that point, that we're parliamentarians first and foremost, I commend to my colleagues that they look at sections 4.31 and 4.33 of the report, which contain some quotes from submissions made to the inquiry. Section 4.31 states:

… 'the rule-making process should or needs to be separated from the political process'.

Section 4.33 states:

… determinations should be exempt from disallowance to prevent political considerations interfering with what should be a technical and scientific process.

Those quotes are from two submissions made by government departments, and I think they reflect more than anything an institutional view with respect to these matters, an institutional view which we as senators need to be aware of, and in the context, through this report, where we are robustly reasserting the importance of the parliamentary processes. What are these political processes? What are these political considerations? Are they not parliamentarians—not just politicians—as democratically elected representatives exercising their judgement on behalf of their constituents and their country? That's what these political considerations are. Are they not parliamentarians making an assessment on how the proposed laws of the land will impact upon the people they represent and their country? Those are the political considerations. Are they not parliamentarians acting as a check and balance upon the executive, we in this place acting as a house of review, as Senator Ciccone referred to? Are they not parliamentarians being accountable to and facing their constituents on a regular basis in free and fair elections as part of a liberal democracy? Those are the political considerations. They go to the absolute heart of our liberal democracy, and we must always remember that and cherish it, respecting the institution of parliament.

Finally, I too would like to give some thanks to the members of the secretariat who worked on the report. Senator Fierravanti-Wells, one person we should always remember is 'the Prof', Professor Edgar. Where would we be without our good Professor Edgar? He is always there to give his wisdom and educated view on sometimes the most arcane of legal matters. Thank you, Professor Edgar; thank you Glenn, Laura and the team.