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Title

Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Reports / Protest or dissent

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

685

Section No.

 

System Id

procedural/practcer/chapter18.89.doc


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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Reports / Protest or dissent



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House of Representatives                                Ch 18                                                 p 685

 

Parliamentary committees / CONDUCT OF INQUIRIES / Reports

 

Protest or dissent

Committee members may add a protest or dissenting report to a committee’s report. 1 The difference between a ‘protest’ and a ‘dissenting report’ has not been strictly defined. A distinction would be to associate a protest with procedural matters, and dissent with opposition to a committee’s conclusions or recommendations. In dissenting from a report by the Standing Committee on Environment and Conservation 2 three members of the committee, while not disagreeing with some of the report recommendations, stated that they had serious reservations about reporting without conducting a thorough investigation. They also considered it premature to report at that particular time. This action appeared to be more of a protest at the way in which the committee had gone about reporting on the reference.

A member who proposes to present a protest or dissenting report is not required to seek authorisation from the committee, as this power resides with individual members, not with the committee. Accordingly, the protest or dissenting report need not be shown by its author to the chair or other members of the committee, although not to do so would be regarded as a discourtesy. On 22 November 1995 the Senate passed a motion to the effect that prior to the printing of a committee report a member or a group of members is not required to disclose to the committee any minority or dissenting report, or any relevant conclusions and recommendations, proposed to be added or attached to the report after it had been agreed. 3 This has not been considered to preclude action by a committee to direct the circulation of dissenting reports to committee members on their receipt by the secretariat.

A protest or dissenting report must be relevant to the committee’s reference, as the authority delegated to the committee and its members is limited to those areas defined by the terms of the inquiry. The words ‘protest’ and ‘dissent’ imply some relationship with the committee’s report. A protest (which is a rarely used form) or dissenting report is attached to the committee’s report, and signed by the dissenting or protesting members. 4 Members have also added ‘additional comments’ to a report. 5

In its 1989 report on procedures for dealing with witnesses, the Standing Committee on Procedure argued that in camera evidence should not be disclosed by members in dissenting reports, unless authorised by the committee. It proposed the inclusion of a provision to enforce this prohibition in resolutions to be adopted by the House to guide committees in dealings with witnesses. 6 Although it did not mention dissenting reports specifically, the 1998 resolution on the disclosure of in camera evidence ( see p. 679 ) was considered to apply.

Alternative methods of recording dissent are:

  • moving amendments to the draft report, the voting on which is recorded in the minutes which are subsequently presented and thereby become public; 7

  • submitting an alternative draft report to the committee; 8

  • making a statement in the House, by leave, when the report is presented; or

  • stating the dissent or protest in debate on any motion moved in relation to the report.

    • (For earlier precedents see pp. 612-3 of the second edition.)

    In extreme circumstances members may record their dissent by resigning from the committee. In such instances members have no automatic right to explain their resignation in the House but could do so in a statement made by leave. 9

    If a committee is unable to agree upon a report, it may present a special report to that effect, with its minutes and the transcript of evidence. 10 Even if the circumstances of the committee’s inability to agree are widely known, the committee should still report the circumstances to the House, if only as a matter of form and to place them on record.



    S.O. 244(e).



    Standing Committee on Environment and Conservation, Protection of the Greater Daintree , PP 199 (1984) 21-2.



    J 1993-95/4198.



    PP 264 (1977) 71-2. In this instance one member added, separately, a protest and a dissent.



    E.g. VP 2002-04/1297.



    Committee procedures for dealing with witnesses, PP 100 (1989). Recommendation repeated PP 91 (1998).



    S.O.s 244(d), 247(a). Members of the Select Committee on Pharmaceutical Benefits had no power to add a protest or dissent to the committee’s report. Their dissent was shown in the minutes, printed as part of the report, PP 73 (1972) 95-147.



    S.O. 245.



    E.g. H.R. Deb. (11.08.2004) 32768-71.



    And see May , 23rd edn, p. 773.