Prorogue then intimidate

In brief, I said, Governors General cannot have a mandate or a political agenda.  

The Crown, I said, would ensure the continuing peace order and good government of Canada according to fundamental constitutional principles in a way few systems can ensure.  And any necessary transition of power will be remarkably smooth.

I then made the point that if the opposition coalition and Bloc Québécois support held together until 26 January – “and there is some doubt about that - the government will be defeated in a vote of no confidence.”

As we reported here on 30 January, 2009 , “Canadian crisis evaporates”  they did not hold together.

New South Wales in 2010 & 2011

The power to prorogue in New South Wales is governed by the Royal Prerogative, subject to certain provisions in the Constitution relating to a vote of no confidence. Those provisions are not relevant in this case.

Dr  Anne Twomey has put the view that an exercise of the  reserve powers did not seem to arise in this NSW case; I agree.

The crucial question here is whether the committee of inquiry in to the power sales can continue. The chairman Fred Nile and the opposition and Greens wish it to. indicates it will.

According to the Herald editorial on 29 December, “Prorogue, then intimidate, “Ms. Keneally is warning potential witnesses that they cannot be compelled to appear before the committee. If they do, anything they say would not be afforded the normal parliamentary privilege from legal action.

The Herald says this is based on legal advice about a prorogation 16 years ago where  Crown solicitor opined that committees could not function after a prorogation.

But the Clerk of the Legislative Council, Lynn Lovelock, has advised the committee chairman, the Rev. Fred Nile, that the 1994 advice was ''restrictive'' and that hearings could proceed.

The editorial also says changes to the standing orders in 2004 may also render this advice obsolete.

If - as the Standing Order clearly provides - a committee can still sit after a session has been prorogued, it is difficult to see why its proceedings are not protected by privilege under Article 9 of the (English) Bill of Rights (1688).