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Legislative Assembly for the ACT: 1998 Week 1 Hansard (30 April) . . Page.. 279 ..

current structure I have to advise that the proposals for executive committees as outlined could, instead of enhancing community participation in government (if that was intended), actually act to its detriment and by eroding the current tools for scrutiny of government (ie.the Executive) there would be a tendency to disenfranchise the community. It is essential to emphasise how important these constitutional elements are.

There is a real possibility that, should the proposal proceed, the scrutiny role performed by the community's representatives could be seriously compromised and there will be a lessening of the accountability of the Executive to the community. I am not suggesting that in accepting an appointment as a Minister a Member is not fulfilling his or her constitutional role, but it is in the blurring of the lines that the danger exists.

The proposals if implemented could have other serious implications resulting in a significant encroachment on the operation of the Assembly committees, with the precious time available to certain of their members being taken up in an executive role and their increasing marginalisation and replacement by better resourced hybrid bodies that are really responsible to no-one but to everyone. The chairs would not be appointed to the Executive (ie. as Ministers - an entirely proper course) but would be de facto members of the Executive and there would tend to be a corruption, however imperceptible, in their parliamentary and representative roles. In addition, the community's perception of the impartiality of the Members concerned could also be affected and there would be increased confusion in the minds of the community as to responsibility for Executive administration.

There would also be other serious issues of responsibility to address, with lines being blurred - who in the Assembly would be answerable to the Assembly for the relevant area of Executive responsibility - who would be scrutinised and undertake the scrutiny when Executive administration or proposals were being examined by Assembly committees.

Finally, as chairs of the proposed committees, Members would need to be particularly careful they do not disqualify themselves and vacate their seats as Members by breaching the constitutional provisions set down in section 14 of the Self-Government Act.

Mark McRae

Clerk of the Assembly

3 April 1998

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