Parliament is supreme but it is not infallible.  

Governments often propose policies that are wrong in principle. And even when policy is right in principle, it is easy to make mistakes when drafting legislation.  

Select Committees are where legislators file off the rough edges. Ideally, they will have already consulted with officials and with those affected by the policy earlier in the process.  

But legislative drafting is tricky, even if everyone involved has the best of intentions, and even if no one has been under time pressure. Policy development does not always meet those ideal conditions. 

Policy in general, and specific drafting details, can also have unanticipated consequences. Some aspects are only noticed when the legislation is scrutinised by a broader affected community. 

That process helps Parliament avoid critical, costly errors. Unfortunately, the process has become far noisier.  

The shift to online submissions has enabled much broader participation, which can be to the good. But it has also enabled another kind of shift.  

Interest groups on all sides of political divides encourage supporters to submit on legislation.  

Those groups’ concerns about legislation are most genuine. But they may be tempted to use the opportunity to build up their email lists, which are crucial for fundraising. This can lead them to use language that is often stronger and more inflammatory than the legislation at issue warrants. 

There is no civic duty to provide submissions to select committees. But surely submissions should be well-considered.  

Relying on columnists’ views, rather than reading the text of short bills, can be risky. You may have heard claims that the Regulatory Standards Bill enables companies to sue the government if regulation imposes costs. But Subpart 5 would make such suits difficult. It says the Act creates no rights or obligations enforceable in a court of law.  

In the second column in this week’s newsletter, Bryce Wilkinson discusses how Select Committees might respond when faced with tens of thousands of submissions on single pieces of legislation. Assistance from AI might become necessary in triaging submissions and gleaning common themes.  

Select Committee processes matter because legislators and officials are not infallible. Parliament needs help in getting legislation right. 

Thoughtful submissions can point out important details that everyone else has missed. Those submissions, whether in support or opposition, risk being lost in the noise. Legislation will be worse for it.