AUSTRALIA/INDIA


New Clerk of the House of Representatives


Hon. Bronwyn Bishop, MP


the moment, we have nothing”. Following further questioning, Mr Killesteyn advised that the AFP indicated that they would not accept a referral early in the process because “there was no information as to the circumstances of the missing ballots”.


On 12 December the Speaker of the House of Representatives, Hon. Bronwyn Bishop, MP, announced the appointment of Mr David Elder as the new Clerk of the House of Representatives. Mrs Bishop commented that “I am pleased to announce the appointment of Mr David Elder as Clerk of the House of Representatives, effective from 1 January 2014, following the retirement of Mr Bernard Wright”. As the principal advisor in


relation to the proceedings of the Parliament and CEO of the Department of House of Representatives, the Clerk of the House is crucial in maintaining Australia’s parliamentary democracy. Mr Elder was


appointed to the position in accordance with the selection process required under the Parliamentary Service Act 1999. The Act requires that a person cannot be appointed as Clerk unless the Speaker “is satisfied that the person has extensive knowledge of, and experience in, relevant Parliamentary law, procedure and practice”, and consults with Members before making the appointment. Mrs Bishop noted that


Mr Elder began working for the Department of House of Representatives in 1981, and has extensive experience in parliamentary committees, including the House Standing Committee on Finance and Public Administration which, in the early 1990s conducted a major


inquiry into the Australian banking industry. Mr Elder has been the Deputy Clerk of the House since 2010, and secretary of the House of Representatives Committee of Privileges and Members’ Interests since 2000. Mr Elder has a Master of Arts degree and an Executive Master of Public Administration degree”. The retiring Clerk Mr Bernard


Wright worked for the House of Representatives for more than 40 years, and had been Clerk of the House since December 2009. Mrs Bishop stated that “I would like to publically thank Mr Wright for his enormous contribution to our Parliament, his dedication and the knowledge he has freely given myself and others. I wish Bernard an enjoyable, well-deserved retirement”.


INDIA GOVERNMENT PASSES ANTI-CORRUPTION BILL


The enactment of an effective anti-corruption Bill called the Lokpal Bill dominated the 2011 Monsoon and Winter Sessions of Parliament. The demand was made by the civil society groups led by Shri Anna Hazare. A Joint Drafting Committee (JDC) consisting of the representatives of Shri Hazare and the Union Government was constituted by the government to prepare a draft of the Bill. After several meetings of the JDC, the government introduced the Lokpal Bill, 2011 in the Lok Sabha on 4 August 2011. The Bill provided for the establishment of the institution of Lokpal (Ombudsman) to inquire into


Hazare asked that their version of the Bill called ‘Jan Lokpal Bill’ be passed by Parliament by 15 August 2011. The Leader of the Opposition in Lok Sabha, Smt. Sushma Swaraj, MP, (BJP) asked why the Prime Minister was being kept out of the purview of the Lokpal Bill introduced by the government. On 17 August 2011, the Prime


Dr Manmohan Singh, MP


allegations of corruption against certain public functionaries. It was referred to the Departmentally Related Standing Committee on Personnel, Public Grievances, Law & Justice for examination and report on 8 August 2011. Shri


Minister, Dr Manmohan Singh, MP, made a statement in the Lok Sabha on the issue of Lokpal and the agitation launched by Shri Hazare, who was arrested on 16 August. While agreeing that a Lokpal Bill must be passed as early as possible, he also insisted that it was the Executive’s


responsibility to draft a Bill and place it before Parliament. It was Parliament’s job to debate and adopt the Bill. In the process of adopting the Bill, there would be opportunities for Shri Hazare and others to present their views to the Standing Committee. The Prime Minister said he was not aware of any constitutional philosophy or principle that allowed any one to question the sole prerogative of Parliament to make a law. In making a law on Lokpal, the government had faithfully adhered to the well- settled principles and Shri Hazare was questioning these principles and claimed a right to impose his Jan Lokpal Bill upon Parliament.


The Parliamentarian | 2014: Issue One | 59


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