Opinion – Premier, an Emergency Committee will Protect our Democracy

Accountability isn’t just about catching out a government doing the wrong thing, it is about the public being able to know, objectively, that the government is doing the right thing.

Open and transparent government builds trust in the community.  It gives the community confidence that its best interests are being served. Parliament is one mechanism that provides that accountability. 

As an independent member of the upper house, sitting in Parliament is a key part of my role in representing the community that elected me.   But at the present time, that aspect of my role is severely constrained due to sittings being suspended until at least August. 

I recognise this decision was based on genuine health and safety considerations and reflects the practical constraints of a Parliamentary system only designed to operate with all members physically present in a particular location. 

However, stepping back from full sittings of Parliament, there are a range of options that are available to us to deliver some of those key oversight roles while Tasmania is in an emergency period.

For example, New Zealand has established an Epidemic Response Committee which provides scrutiny of its Government’s management during the COVID-19 epidemic. This committee is chaired by the Leader of the Opposition and has representation from all parties.  It has expert advisers to contribute to the committee and its meetings are conducted on Zoom and broadcast on the Parliament TV.  This is an exemplar of open and transparent government.

So, what accountability is in place here while the Tasmanian Parliament is not sitting?

The COVID-19 Emergency Act designates the Subordinate Legislation Committee to review Notices issued by the State Controller or Executive.  This joint standing committee was the natural choice of the already available mechanisms.  However, its review will occur well after the Notices are issued and it has yet to be determined what if any additional resources or additional visibility will be given to this Committee in undertaking this new role.

In regards to the Directions issued by the Director of Public Health under the Public Health Act during the emergency period, there is no legislated review mechanism at all.  These Directions are far-reaching and unprecedented – these are the rules being made that impinge on our civil liberties and our freedom of movement, they give extraordinary powers to our Police force and carry hefty penalties. 

The fact that there is no review or accountability mechanism for these Directions is concerning.  This concern is not an expectation that those powers will be abused, rather it acknowledges that all citizens have a right to know that they are being exercised appropriately.

Robust democratic accountability could be provided for the Tasmanian people by establishing a new committee for this extraordinary time, tasked with assessing the state government’s response to COVID-19 – to monitor, seek clarification and public explanation of decision-making.

This committee could have weekly, electronic and publicly broadcast meetings .  It could have membership from both Houses, representative of all political parties and independents. It could have access to expert advice and have the power to call for witnesses and documents.

In essence, this committee would provide public confidence that the government is doing the right thing, in the best interests of the community.  It would deliver visible public accountability for actions taken and decisions made. 

I think most Tasmanians would agree that the tri-partisan support and cooperation we’ve seen play out in Tasmania over recent weeks has been a breath of fresh air.

Cooperation and good will is to be congratulated. 

But, in lieu of Parliament sitting, it is time to recognise the democratic role of the Tasmanian people and to deal them back in to decision-making at this critical time through a formalised mechanism of democratic oversight.

An accountability and transparency mechanism such as this will help ensure that Tasmanians understand and trust the directions that are issued and, ultimately, increase compliance with them. 

I call on the Premier to ensure that democracy is not set aside in this time of crisis, but rather that we take this opportunity to strengthen our commitment to openness, transparency and democratic accountability.

Published April 8, 2020 – Mercury Newspaper Talking Point – Meg Webb MLC