As a result of this delegation of power, committee powers are extensive. Committees usually invite witnesses to make oral and written submissions and to provide documents. Witnesses usually welcome the opportunity to appear at a committee hearing, as the hearings provide a forum in which individuals and groups may put their view directly to the Parliament.
Committees may move from place to place and meet in public or private session. Senate committees may also meet and conduct business during the prorogation of Parliament or when the House of Representatives has been dissolved for the purposes of a general election. As discussed earlier, committees also have the power to appoint subcommittees to enable them to transact additional business.
The senators serving on a committee are assisted by a small secretariat consisting of a secretary and research and administrative staff. The secretary works closely with, and at the direction of, the chair of the committee. On behalf of committee members, the secretariat staff arranges hearings, prepares questions to be asked of witnesses if required, analyses and summarises submissions and evidence, conducts research, prepares draft reports and monitors government and other responses to reports.
Committee inquiries are usually advertised in the national press, reaching the people and organisations most likely to make submissions. The committee conducting the inquiry will also seek submissions from government and non-government agencies known to have an interest in the matter under inquiry.
Persons or organisations with a specialist knowledge or interest may be specifically invited to make submissions. Committees analyse the material submitted to them, sometimes with the assistance of expert advisers. Some witnesses who have made submissions are invited to attend public hearings so that submission material can be further investigated and tested.
As well as hearing evidence in Canberra, committees frequently travel to other cities and regional areas to listen to witnesses. In this way, they are able to obtain first-hand experience of the issues under consideration. Committees may also arrange informal briefings, seminars, and site inspections to augment their formal evidence-gathering.
Committees generally prefer to take evidence in public hearings. Where there is a risk, however, that the exposure of some evidence in a particular committee inquiry could be contrary to the public interest for reasons including possible prejudice to court proceedings, national security or individual privacy, a committee may decide to hear evidence in private in camera. Senate standing order 35 2 requires that the examination of all witnesses, including those heard in camera, be recorded in a transcript of evidence Hansard.
Witnesses may apply at any time for all or part of their evidence to be heard in private and the committee must consider such applications. Although the Senate and its committees have the power to publish evidence taken in camera, normally this course is not taken. However, the Senate or a committee may subsequently decide to publish in camera evidence because the reasons for keeping such evidence confidential no longer exist.
It is an offence punishable by the Senate to publish evidence taken in camera without permission. Witnesses may also request to be accompanied by and consult a lawyer during their appearance before a committee. Such requests are rare. A witness accompanied by a lawyer must be given reasonable opportunity to consult with the lawyer during the hearing.
Public servants appearing as witnesses before committees have the same rights and responsibilities as other witnesses. Government guidelines for public servants appearing as witnesses before committees state that public servants are required to fulfil their accountability obligations by providing full and accurate information to the Parliament and its committees about the factual and technical background to policies and their administration.
Further, privilege resolutions of the Senate provide certain rights for witnesses. Privilege Resolution 1 16 provides that Commonwealth or state public servants are not to be asked to give opinions on matter of policy and must be given reasonable opportunity to refer questions to a superior office or to a minister.
The proceedings of committees are recognised as proceedings of Parliament and attract the same privileges and immunities as Parliament itself. This means that witnesses receive very wide protection and immunity enabling them to give evidence freely and honestly without fear of recrimination. Parliamentary privilege also means that witnesses cannot be sued or prosecuted for what they say in evidence to a committee.
Matters of privilege, usually relating to alleged interference with senators or committees, are considered by the Committee of Privileges. The Parliamentary Privileges Act also provides that papers and documents presented to, and published by, a committee attract absolute privilege because they are proceedings in the transaction of parliamentary business. All documents received by a committee during an inquiry are presented to the Senate and remain in the custody of the Senate after the committee has conducted its inquiry.
Senate standing order 38 1 requires the chair of a committee to prepare a draft report and submit it to the committee for consideration. In practice, the chair gives drafting instructions to the secretary who prepares a draft with secretariat assistance. After a final report has been agreed to, committee members may add a minority or dissenting report or attach relevant conclusions and recommendations.
While committees usually attempt to reach consensus, dissenting reports are not uncommon. The process of reporting is completed when a copy of the report, signed by the chair, is formally presented to the Senate.
Until that time the report is under embargo and its contents may not be revealed. Debate may take place after the report has been tabled, and at other times specifically programmed by the Senate. Committee reports may also be presented to the President of the Senate or his deputy when the Senate is not sitting. The report is then deemed to have been presented to the Senate and publication is authorised.
For reports on matters on which the Senate has power to act, the presentation of a report may be followed by a motion that it be adopted or agreed to. Reports from select and legislative and general purpose standing committees, however, frequently recommend changes to policies, legislation and administrative practices—matters which cannot be carried by the Senate acting alone.
The usual practice with such reports, therefore, is for a senator to move that the report be noted. This motion enables further debate to occur. The Senate orders substantial committee reports to be printed, and they are incorporated in the Parliamentary Papers Series. Copies of all reports tabled after are available to the public through the web page. Members, especially in the House, tend to specialize in the issues of their assigned committees.
A committee's authority is centered in its chair. In practice, a chair's prerogatives usually include determining the committee's agenda, deciding when to take or delay action, presiding during meetings, and controlling most funds allocated by the chamber to the committee. Several rules allow others a share in controlling a committee's business, such as one allowing a majority of members of a committee to call a meeting.
The ranking minority member, usually the minority party member of longest committee service, often participates in the chair's regulation of the committee, in addition to leading on matters affecting a committee's minority members.
Also, each subcommittee has a chair and a ranking minority member who oversee the affairs of their panel. To distribute committee power, chamber and party caucus rules limit the number of full and subcommittee chair or ranking minority positions a single Member may hold.
Only the Republicans have committee leadership term limits. No House Republican may serve as chair or ranking minority member of a committee or subcommittee for more than three consecutive terms, effective with the th Congress, and no Senate Republican may serve more than six years as chair and six years as ranking member of any standing committee, effective with the th Congress.
Waivers can be granted. Approximately 2, aides provide professional, administrative, and clerical support to committees. Their main job is to assist with writing, analyzing, amending, and recommending measures to the full chamber, as well as overseeing the executive branch's implementation of laws and the operation of programs. Pursuant to funding resolutions and other mechanisms, committees receive varying levels of operating funds for their expenses, including the hiring of staff.
From these funds, each hires its own staff, and committees employ varying numbers of aides ranging from a few to dozens. Committees may also fire staff. Most staff and resources are controlled by the chair of a committee, although in general a portion must be shared with minority-party members. Further, some committees assign staff directly to their subcommittees, and give subcommittee leaders considerable authority in hiring and supervising subcommittee staff.
Each committee sets staff pay levels within limits contained in chamber salary policies. Committees conduct oversight to assure that the policy intentions of legislators are carried out by those administering programs, and to assess the adequacy of programs for changing conditions. Some committees, especially in the House, establish separate oversight subcommittees to oversee the implementation of all programs within their jurisdiction.
Also, each chamber has assigned to specific committees oversight responsibility for certain issues and programs that cut across committee jurisdictions, and each has a committee responsible for overseeing comprehensively the efficiency and economy of government activities.
Each committee has nearly exclusive right to consider measures within its jurisdiction. In general, committees are not required to act on any measure, and a measure cannot come to the floor for consideration unless through the action or at least concurrence of a committee. A procedure to discharge a committee from consideration is rarely successful.
Any introduced measure generally gets referred immediately to a committee. Especially in the House, some measures are referred to two or more panels, usually because policy subjects are split among committees. When more than one House committee receives a referral, a primary committee is usually designated. Other panels receive a sequential referral. In the Senate, referral is determined by the predominant subject matter in the legislation.
Singly referred measures have been more likely than multiply referred ones to pass their chamber and to be enacted into law, in part because of the difficulty in coordinating the work of multiple panels.
Committees receive varying numbers of measures. Committees dispose of these measures as they please, selecting only a small percentage for action, for a number of reasons. For instance, a committee usually receives many proposals in each major policy area within its jurisdiction, but ultimately chooses one measure as its vehicle in each such area.
While those measures not chosen usually receive no further congressional action, the idea, specific provisions, or entire text of some of these measures may be incorporated through the amendment process into others that the committees and chambers consider and that become law.
Determining the fate of measures and, in effect, helping to set a chamber's agenda make committees very powerful. Committees often send their measures to subcommittees for initial consideration, but only a full committee can report a measure to the floor for consideration.
When a committee or a subcommittee considers a measure, it usually takes the four actions described below. The table below shows the composition of these committees. A government senator chairs each of the legislation committees. The allocation of chairs of references committees is determined by agreement between the Opposition, minor parties and independent senators. Standing order 25 9 provides for the matter to be determined by the Senate if agreement cannot be reached. The table below shows the composition of the other Senate committees which are established under the standing orders.
For select committees the membership formula is usually contained in the resolution of appointment or in a subsequent resolution. If not, standing order 27 1 provides for members to be nominated by the mover of the motion to establish the committee.
Senators are appointed to committees by resolution of the Senate, on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, or minor parties or independent senators, in accordance with the membership formula for the particular committee.
A letter to the President nominating senators to be members of certain committees is lodged with the Table Office. The letter may be signed on behalf of a Senate party leader, the Manager of Government or Opposition Business, or a whip. In practice, most nominations are handled by the whips.
Independent senators may also submit nominations. The President announces receipt of the nomination to the Senate. After the nominations are announced, the duty minister seeks leave to move a motion immediately for the appointment of senators to committees. Leave is required because this is a motion of which notice would otherwise need to be given. The Senate then votes on the motion and the members are thus appointed. It is unusual for there to be more nominations than there are vacancies because committee membership is generally resolved by agreement within or between the various parties, groups and independent senators.
Where agreement cannot be reached, however, the standing orders provide for a ballot to be held so that the Senate itself may determine the issue see standing order 25 6 and standing order When a ballot is to be held, the bells are rung for four minutes and the Clerks hand out ballot papers with the list of candidates. Once the committee members are satisfied with the bill, they vote on whether or not to report it to the House floor for consideration by the full U.
House of Representatives serves on two standing committees. Committee assignments are given at the start of each new Congress. Members can request to serve on specific committees. Returning Members usually keep their committee assignments from the previous Congress because they have expertise and seniority. These assignments are approved by the majority and minority parties before being brought before the full Chamber for approval.
Many committees, usually standing committees, have smaller subcommittees within them. Like standing committees, subcommittees hold hearings, conduct research, and revise bills. Subcommittees report bills back to the full committee rather than the House floor. Select committees are temporary committees created with a timeline to complete a specific task, like investigating government activity. Rather than researching and reporting bills to the House floor, they research specific issues or oversee government agencies.
Also unlike other select committees, it considers bills and reports them back to the House floor.
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