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PARLIAMENTARY PRECINCTS BILL
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22 March 2001
Second Reading
BRACKS
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PARLIAMENTARY PRECINCTS BILL Second reading Mr BRACKS (Premier) -- I move: That this bill be now read a second time. Honourable members will be aware that in the Parliament the Presiding Officers of both houses of Parliament hold ultimate authority over, and responsibility for the security of the Parliament. This is one of the privileges of Parliament, namely, the ability of Parliament to secure itself against outside interference. In this way, Parliament is the only place of its kind in which the Presiding Officers have exclusive jurisdiction. The police are subject to the authority of the Presiding Officers and they cannot perform any duty within the Parliament without the Presiding Officers prior consent. This parliamentary privilege is a longstanding principle; however its nature and extent remain obscure. When the Scrutiny of Acts and Regulations Committee reviewed the Unlawful Assemblies and Processions Act 1958, the committee received a submission from the Presiding Officers recommending that specific legislation which clarified the area of the parliamentary precincts and the authority of the Victorian Parliament to provide for the security of that area was needed. The committee accepted that submission and recommended the enactment of parliamentary precincts legislation. This bill implements each of the objectives of the legislation recommended by the committee. The existing parliamentary privilege will be modified only to the extent that this bill gives additional powers to the police and protective services officers. The area of the parliamentary precincts is specified with more precision, removing former doubts concerning the Spring Street boundary. The incorporation of the Surveyor-General's plan into this bill clarifies that the precincts commence at the first step adjoining the footpath at Spring Street. I am sure every honourable member will be pleased about that. The bill also provides for additional premises used by the Parliament to be added to the area of the parliamentary precincts by order of the Governor in Council. The bill enhances the ability of the Presiding Officers to secure the Parliament by giving them clear responsibility for the control and management of the parliamentary precincts. The Presiding Officers can grant leases or give licences to enter parts of the precincts and make arrangements for entry into the precincts for works to be performed. These powers do not interfere with the role of the House Committee to
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manage the refreshment rooms within the Parliament and supervise maintenance works. The Presiding Officers and senior parliamentary officers, such as the Usher of the Black Rod, the Serjeant-at-Arms and the Clerks of both houses are granted specific powers to secure the Parliament. More importantly, these powers are also granted to police and protective services officers and are exercisable without the Presiding Officer's prior consent. The crucial power is the ability to direct persons to leave or not enter the parliamentary precincts. Persons who do not comply with these directions can be forcibly removed or arrested. Offences are prescribed for failing to comply with a direction from an authorised officer to leave or not enter the precincts. In addition to the granting of specific powers to the police the bill also enables the Presiding Officers to enter a memorandum of understanding with the Chief Commissioner of Police. This memorandum can contain an agreement as to the manner of exercise of any powers granted to the police or protective services officers or give them additional powers by agreement. Any powers granted by this bill to the police or parliamentary officers remain subject to the overall supervision of the Presiding Officers. The powers of the Presiding Officers to grant leases or licences or make arrangements for entry into the precincts for works to be performed cannot be delegated. Otherwise the powers of the Presiding Officers under this bill may be delegated to senior parliamentary officers, save for their overall supervision of the precincts. Finally, the bill repeals the restrictions on assemblies around Parliament House imposed by the Unlawful Assemblies and Processions Act 1958. A prohibition on groups which assemble around the Parliament to protest or raise awareness of public issues is completely inconsistent with a democratic society. I am sure that all members will support the clarification of the powers of police and parliamentary officers in this bill to secure the Parliament without impairing Parliament's inherent privileges to protect itself from outside interference. Additionally, I am sure that all members will agree that the repeal of outdated and undemocratic restrictions on the right to protest is long overdue. I commend this bill to the house. Debate adjourned on motion of Mrs ELLIOTT (Mooroolbark). Debate adjourned until Thursday, 5 April.