TNAG-1220-FCO40-1530-Democratic-representation-and-reform-in-Hong-Kong-1983 — Page 128

Use of Select Committees

- 6 -

13

In considering the problems of the present committee stage of a bill the Working Group noted that it was unusual in parliamentary practice for each and every bill to be referred to a committee of the whole house. It was thought that more use might be made of the existing provisions for select committees under Standing Orders 48 to 50 and 61 et seq.

14

100

The Working Group was particularly conscious of a deficiency in present practice which made the progress of draft legislation difficult for the public to follow. The theoretical structure of a debate on legislation is that the consideration of major points of principle occurs during the second reading. Once past the second reading into the committee stage the principles should have been established and the discussion should be on how to give proper effect to the principles established and agreed. At present when the debate on the second reading of a bill is adjourned the Unofficial Members then consider in the privacy of the UMELCO Office both the major points of principle and then the amendments to the bill which they would wish to see. The Unofficial Members form working groups for this purpose and the effect of this is that a bill can "disappear" from public view after an Official Member has spoken on it, to resurface, perhaps after several months, to have Unofficial Members propose significant changes in its principles, move amendments to that effect, and then vote the bill into law all in the same sitting. The public understandably can be somewhat mystified by this procedure; it does not know whether the problems being discussed during the bill's absence from open debate are points of principle or of detail.

15

The Working Group thought that it would be particularly helpful in achieving "a more structured public debate" if the existing Unofficial Members' working groups considered bills during the adjournment of the second reading with a view to deciding whether there were major points of principle to be discussed; and if not; or on their resolution, then to advise whether, after the completion of the second reading debate, the points of detail requiring amendment were such as to call for the bill to be committed to a select committee for the ensuing detailed work.

16

There should be a number of select committees established to cover the various policy areas, following the pattern of the existing Unofficials' Working Groups which have specialized in the areas concerned. The composition of each select committee would be a majority of Unofficial Members and one or two Official Members as appropriate. The membership might be varied according to the particular bill under consideration. The Chairman of the select committee would be an Unofficial, one of whose functions would be to report on the amendments to be proposed.

>