ACDP walks out of ad hoc committee on ‘Secrecy Bill' as expression of its disapproval of abuse of parliamentary rules.
ACDP MP and member of the ad hoc committee on the Protection of Information Bill (the so-called ‘Secrecy Bill'), Steve Swart, this afternoon joined other parties in walking out of a purported meeting of the ad hoc committee.
"The ACDP decided to walk out of a purported meeting of the ad hoc Committee dealing with the ‘Secrecy Bill' as an expression of our disapproval of what amounts to an abuse of parliamentary rules by the Acting Speaker.
National Assembly Rule 214 states that an ad hoc committee ceases to exist ‘if it has not completed its task by the date set for the completion of the task.' It is on this basis that I previously argued that the Committee's mandate ended on 28 January 2011, as it had not yet completed its work on this highly contentious bill by that date.
The Acting Speaker then purported to extend the life of the committee on 28 January 2011 to 31 March 2011 in terms of National Assembly Rule 2. Rule 2 enables the Speaker to give a ruling in respect of any eventuality for which the rules do not provide; i.e. an unforeseen eventuality.
This morning I argued that the Acting Speaker could not use rule 2 as I had in November already alerted parliament to this possible problem when I expressed my concern that the lifespan of the committee was being extended to the 28th of January 2011 as it was probable that it would not complete its work before that date. Parliament was also not scheduled to sit on or before that date and could therefore not extend the life of the committee. How can it then be said that this was an unforeseen eventuality covered by rule 2?
In my view, parliament was caught out and the ad hoc committee ceased to exist on 28 January 2011. I again this afternoon expressed my concern that we need to strictly to comply with our parliamentary rules given the huge public interest in the Secrecy bill, and the possibility of constitutional litigation. The chairperson indicated that he was bound by the decision of the Acting Speaker, which left the ACDP with no alternative but to walk out of the meeting together with other like - minded members.
In our view, the proper approach would be for the National Assembly to appoint a new ad hoc committee with the same members which will then be able to continue working on the Bill, not necessarily having to begin the process anew. This approach is desirable in view of the far reaching consequences of this Bill and the need to fully comply with the rules of Parliament.
It is significant that the motion before the National Assembly seeking to ratify the Acting Speaker's decision , which was scheduled for consideration in the National Assembly today, has been postponed to a later date."
Statement issued by Steve Swart, MP, ACDP, February 15 2011
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