Accountability is described as that `able to be called on to explain your actions. Ministers are accountable to Parliament for actions they take when in office;` 1
The requirement for representatives to answer to the represented on the disposal of their powers and duties, act upon criticisms or requirements made of them, and accept (some) responsibility for failure, incompetence, or deceit.....Government ministers are accountable additionally for government decisions to a legislature and the voting public. 2
So, in the Federal Parliament of Australia, representatives (members of Parliament) are accountable to the represented (electorate), it follows that groupings of members - parliamentary political parties - Government - Opposition - House of Representatives - Senate - Parliament - must also be accountable; further, Ministers and the Government ( of the day ) are accountable - inter alia, justifying their decisions (conclusions) by way of explanation (argument).
If the Government is so accountable, then the alternative Government - the Opposition (of the day) - is likewise accountable for they too make decisions either supporting or opposing legislation in addition to decisions which they intend to carry into Government. ( vide addendum )
Arising from Section 50 of the Constitution of Australia: `Each House of Parliament has a general control over its procedures and internal discipline : these are regulated by Standing Orders, continuing from parliament to Parliament, by Sessional Orders.... and by more temporary and ad hoc orders. `3
If each House of Parliament - the (mainly) combination of the Government and the Opposition - is accountable, then their action together in the management of the procedures and discipline including the Standing Orders must also be accountable (to the wider electorate); or is it the case that the Standing Orders operate under the auspices of a parties `` Liberal-Labor we know best club`` from Parliament to Parliament.
Part of the Standing Orders (of the House of Representatives ) refer to Questions seeking information including that asking questions of a Minister without notice for an immediate response (Question Time). 4 Whilst Question Time has an advantage over other avenues of Parliamentary enquiry through its immediacy and public viewing , its effectiveness , it seems, is very much limited: `The first and most obvious means of testing the responsibility of the Government is by direct questioning of its representatives in the Parliament.... there remains some considerable doubt about their (questions) effectiveness as a means of scrutiny. So many techniques are available to Ministers to reduce the impact of this form of inquiry.... the Standing Orders regulating questions are far more detailed and explicit than those regulating answers....although Question Time affords the Opposition the opportunity to probe the Government`s activities it also provides the Government through the arrangement of `friendly`(or Dorothy Dix) questions, to publicise its policies and achievements. 5
Questions without notice, as it stands, is a misnomer; for Questions without notice to be true, it not only has to be that but also to be seen to be true; questions from the Government side fail that criteria. Government questions markedly restrict the effectiveness of Question Time as a means of scrutiny of Government decisions as does (in the House of Representatives) disallowing questions re current sessional debates in addition to the vagueness of `` relevancy `` as to answers.
For Questions without notice to be both creditable and utmost effective ( in the House of Representatives), Question Time needs to be massively overhauled and formulated it is suggested , around the following core conditions:
(1) The Opposition and only the Opposition may ask questions in Question Time.
(2) The Opposition may orally ask questions of Government Ministers including the Prime Minister ( respondents) without notice for immediate response on any Government decision (conclusion) and on any premise/s from which the conclusion is drawn and on any premise/s from which any (related) intermediate conclusion is drawn, and questions may be asked as to the adequacy of any decision and on any matter relevant to or affecting that adequacy. Decisions include Government - policies, actions, inactions, reactions to propositions and events, and claims. Adequacy includes suitability, necessity, and fairness..
(3) Any Government decision which is currently (sessional) debated shall not disallow any questions arising from Condition (2) upon that decision.
(4) In respect of Condition (2) all questions and all answers must relate to and confined by the provisions in Condition (2) and not contain any reference to any extraneous matter.
(5) Each answer shall not be verbose and the duration of each answer shall not exceed 3 minutes.
(6) In respect of Condition (2) the respondent may not ask for any question to be placed on the Notice Paper (or the like); if the respondent is unable or unwilling to answer a question, that question may be asked at following Question Times until such time an answer is forthcoming.
(7) Question Time - exclusively for the asking of questions- shall be of a duration of 1 hour each day of sitting; each hour shall consist of divisions of time; a respondent shall only answer questions during one and only one division; the time duration of any division shall not exceed thirty (30) minutes; a division shall end when the questioner ceases questioning.
(8) For the entire length of a division (of time) a questioner may ask questions on a continual basis without re-introduction from the Speaker, and for that period the questioner shall remain seated in the same place; the respondent may sit and/or stand.
(9) All questions and all answers shall be made without interruption.
(10) Questions other than those of Condition (2) and of a general nature shall be placed on the Notice Paper for written reply if so requested by a respondent.
(11) ADDENDUM: For one day only of every (normal or short) week of sitting, the roles of the Government and the Opposition in Question Time shall be reversed, and as such, the Leader of the Opposition and Shadow Ministers shall make themselves available for questioning by the Government in accordance with and only with all the above Conditions. ( Three days of scrutiny of Government decisions and one day for the Opposition in a normal week of sitting is a judgement based on the situation that the Government is the legislator).
The Senate should follow suit.
The present rules governing Question Time in the House of Representatives provide limited opportunity for the examination of the Government`s decisions. Reform is needed. Retention of the status quo by reason of tradition or long-standing practice is no argument - tradition is not the rules. Reform - or is it the case that the rules operate under the auspices of a parties `` Liberal- Labor we know best club`` from Parliament to Parliament.
Note: Where the `Opposition ` is mentioned in (1) and (2) above, it is to mean The Opposition, Independents and other (minor) Political Parties.
References. 1 Departments of the Senate and House of Representatives, The Parliamentary Vocab, Australian Government, Canberra,1987.
2 Iaia McLean & Alister McMillan (eds), The Concise Oxford Dictionary of Politics, Oxford University Press, Oxford, 2003.
3 Geoffrey Sawer, The Australian Constitution, Australian Government, Canberra,1975, p 103.
4 Chapter 9- Questions seeking information, Standing Orders, Powers Practice & Procedures, House of Representatives, Parliament of Australia, Google.com,5-8-2013.
5 G. S. Reid & Martyn Forrest, Australia`s Commonwealth Parliament 1901-1988 Ten perspectives, Melbourne University Press, Carlton Victoria, 1989, pp 320-321.
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