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21
The Working Group acknowledged that on the face of it this was a substantial objection, but concluded, that the advantages; of the select committee system in promoting open government were so great as to be overriding. In any event if it became clear that in the public interest a bill should be passed urgently it would always be possible to do so. In the most urgent cases, with the agreement of Unofficials that it was in the public interest. to do so, a bill could still be referred to a committee of the whole Council so that all three readings with a committee stage were taken in one sitting.
22
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Accordingly the Working Group recommends that, on a trial basis initially, suitable bills should be referred to select committees with Unofficial chairmen.
23
The Working Group also considered whether subsidiary legislation, when laid before the Legislative Council, should be referred to a select committee for specific examination, on the analogy of the Committees on Statutory Instruments at Westminster. It noted that the enormous volume of subsidiary legislation (over 1,200 pages in 1981) would tend to overwhelm a single committee. It therefore concluded that the present practice of the Unofficial Members monitoring public reaction to such legislation was probably the most appropriate procedure in current circumstances.
Finance Committee
24
In considering the possible use of committees the Working Group spent some time examining the public role of Finance Committee. It noted that whereas until 1941 Finance Committee had met in public session after the Council had adjourned it now meets only in private and does not make any public reports (although curiously both of its sub-committees, the Public Works Sub-Committee and the Establishment Sub- Committee, do so).
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This seems in some respects regrettable, since it masks the very considerable authority which Unofficials exercise over the administration in the disposal of public funds. It also seems slightly curious in principle, since the basis of Finance Committee's work is the approval of amendments to the Estimates, which may be considered the supporting document of the Appropriation Bill.
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The Working Group recognised, however, that this, was a difficult area, and that there were proposals put to Finance Committee whose precise details were confidential. The Working Group nevertheless recommends that consideration should be given to Finance Committee meeting in public. If this were to become the hormal practice it would require an amendment to Standing Order 60(3) to the effect that "The sittings shall be held in public unless, subject to any direction of the Committee, the Chairman otherwise orders. " In particular, there seems to be no reason why Finance, Committee should not sit in public during its examination of the draft Estimates before the Appro -priation Bill goes to a committee of the whole Council. This is an occasion when controlling officers are called to give evidence, and apart from showing the public Finance Committee at work this might also emphasize to the public the account- ability of controlling officers.
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