Transcript What parliaments can do to promote good governance

Parliamentary
Committees
in Democracies
What is Parliament?
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The national legislature
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A group of elected people, mandated by citizens
to represent them at the national level
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Members of Parliament make & change laws
Parliamentary Function
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Oversight
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Authorizes, or chooses not to, the executive policy, e.g. budget
Subjects executive plans, policies and actions to public debate
Representation
 Represents the opinions and interests of the citizens
Lawmaking
 Enacts laws by subjecting issues of public interests to
debate
 Draft, modify, & ratify public policy into law
MPs Work For and In…
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Constituency: Articulate concerns of constituents, push for policies,
enact laws to improve constituents’ standard of living & welfare.
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Chamber: Attend sittings, contribute to debates, pose questions to
Ministers and make statements on the floor of the House
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Party and Caucus: Participate in Party Caucus activities, promote
party's cause, ideology and interest in Parliament.
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Committee: Develop knowledge & requisite skills in focus area of
committee; contribute to in-depth analysis, review of public policy.
What are parliamentary
Committees?
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Commissions or councils –
smaller groups of MPs
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Allow in-depth review of
policy matters or bills
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Allow parliament to
perform several functions
simultaneously
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findings of committee
meetings inform debates
and conclusions on floor of
the House
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Allows for detailed
investigation and
discussions
The Role of Parliamentary
Committees
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Vary from country to country depending on
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Governing system
Political party strength & organization
Resources available
Standing orders define mandate and functions
Power to
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Take evidence
Call for documents
Send for persons.
Common Characteristics of
Parliamentary Committees
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Focal points for legislation & oversight
Not decision-making bodies, except in
internal proceedings
Report recommendations and conclusions to
the chamber for decision
Types of Parliamentary
Committees
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Permanent committees
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Ad Hoc Committees
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Function & composition indicated in rules of the House.
Membership could be for the entire term of parliament
Reviews particular policies or bills
Dissolves when work is complete
Committee of the Whole
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Entire membership of the house
Reviews an issue chaired by speaker or chairman other than the speaker
Parliamentary Staff and
Committee Effectiveness
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Needs:
 Procedural
 Administrative
 Drafting & reviewing
bills
 Accurate information
 Expert opinion and
analysis
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Participants:
 Secretariats
 Committee clerks
 Librarians
 Researchers
 Subject experts
 Legal draftsmen
Factors for an Effective
Committee
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A clear mandate
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Size of the committee
–too large or too small
renders it ineffective
Quality of support staff
& resources available
to committee
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Consensus building –
effective non-partisan
consensus building
techniques
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Skills of the
chairperson -must
manage activities and
meetings
Numbers, Size & Composition
of Committees
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Varies from country to country
Parliamentary size has little
bearing on number of committees
Examples
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Grenada - House with only 15
MPs has several committees
British House has 646 MPs; its
PAC Committee has 16
Members,
German Bundestag has 614
MPs; its Budget Committee has
41 members.
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No strict rules on composition
Representation similar to House
E.g. Ghana uses formula based
on the proportions of majority and
minority representation in the
House
Frequency of membership
changes vary by country
Membership per parliamentary
term or revised every year.
Committee Chairperson
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Appointed/elected - key in effectiveness of Committee
Presides over committee meetings, ruling on procedural etc.
Deals with disorder among MPs or public admitted to hearings
Answers oral questions in the House on behalf of committee
Signs committee reports & requests appearance of witnesses
Controls the hearing of evidence & directs proceedings
Works with the government and members of the committee
on legislation; and
Maintains open communication channels with all members.
Qualities of an Effective
Chairperson
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Competence
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Fairness
Tolerance
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Flexibility and Adaptability
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Firmness & Decisiveness
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Patience
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Honesty and Dependability
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Humility
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Openness
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Stamina
Source:Ogle’s qualities of good leadership
Source:Ogle’s qualities of good leadership
Staff Support for Committee
Effectiveness
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Basic administrative & clerical
support
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Specialized officer support
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Need support in procedural issues
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Ensure that committees scrutinize
legislation and conduct inquiries
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Must be non-partisan
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Present unbiased, factual, accurate,
up-to-date information
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Promote core values of quality &
integrity
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Communicate institutional mandate
& services clearly
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Continued dialogue, & informal faceto-face discussions
Must use professional librarians,
researchers and subject specialist
Liaise with clerks to respond to MPs
and prepare briefing papers
Consensus Building: Members
Must…
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Trust each other
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Clear rules
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Encourage contributions
from all members
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Discuss opinions
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Clear compromise
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Clear strategies for
repeating processes to
reach consensus
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Uphold decisions made
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Allow the expression of
different opinions
Agree on agenda &
expectations
Extracts from Building Consensus
http://webquest.sdsu.edu/processguides/consensus.html
Administrative Support May
Include…
List and prioritize committee
activities
Draw up agenda and notices
of meetings
Record attendance
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Distribute information & papers
Support fact-finding & oversight
missions
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Support public hearings
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Draft & circulate minutes of
meetings
Assist in preparing
committee reports
Draft press releases
Publish committee reports
Prepare Order Paper entries
Ensure committee decisions
are implemented
Effective Administration
needs…
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Accurate and speedy processing of papers & reports
Attention to detail
Strong organization
Accurate information from convoluted discussions
Strong comprehension
Good language and writing skills
Understand the rules and procedures
Familiar with resources
Parliamentary Procedures
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Definition: Rules, precedents, and practices used in deliberative assemblies.
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Intent: Maintain decorum, ascertain majority will, preserve minority rights, and
facilitate orderly business transactions
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History: Rules of procedure originated in Britain in the 16th and 17th centuries,
adopted by legislatures around the world.
 Robert's Rules Order, codified in 1876 by U.S. Gen. Henry M. Robert (1837 –
1923) is the standard set of rules used by legislatures in the U.S.
Source: http: //www.answers.com/topic/parliamentary-procedure-1?cat=biz-fin
Procedural Issues
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Oversight
Evidence gathering
Committee interaction with
the public
Paper processing
Chairperson election
Voting procedures
Membership procedures
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Chairperson’s functions and
powers
Committee’s mandate,
functions & powers;
The formation of a quorum
Legislative processes
Executive accountability
Requirements for Sound
Procedural Advice & Guidance
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Understand constitution
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Know the basis for nonpolitical advice in politics
Understand political
dynamics
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Know rules of the legislature
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Be familiar with principles &
committee rules
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Know constitutional rules
and framework
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Understand committee
procedures & conventions
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Have experience
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Understand political system
Research & Info Needs of
Committees
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Need access to timely, up-to-date, accurate & wellresearched information for effective decision making.
Information is essential to highlight policy alternatives
and draw attention to policy consequences.
Access to information is a prerequisite for in-depth
analysis and debate.
Research generates independent information
Sources of Information for
Committees
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Government sources of information
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Professional staff of Ministries, Departments and Agencies,
Monitoring and Evaluation
Independent sources of information
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Team of professionals who generate information
Committee Research and
Information Needs…
Why?
 To improve the quality of their decisions;
 To obtain independent unbiased information;
 Provides committees access to comprehensive information;
Requirements?
 Collaboration among legislative researchers, subject experts,
librarians and committee staff.
Types:
 Pure research – Intellectual and may or may not have practical application
 Applied research – Helpful in solving a problem, has practical application
 Action research – Immediate applicable solutions to the issue under
investigation.
The Research Process
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Identification of problem or issue to be investigated;
Research design – designing the measurement
strategy, identification of the target group, selecting
methods of investigation etc;
Data collection and analysis – actual collection of
information from the target group and analysis of data
gathered;
Interpretation of results and reporting findings.
Research Tools
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The Library and its resources
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Techniques of measurement
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Statistics
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The computer and software
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Clarity of Language
Political Considerations
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Political ad social knowledge
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Clear understanding of political background
of issue under investigation;
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Perspective of committees, political party
groups, relevant stakeholders, society at
large should be considered.
Technical Considerations
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Be conversant with current policies &
arguments;
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Make arguments in context of local,
national, international perspective;
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Understand alternative perspectives.
Ethical Considerations
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Objectivity;
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Ethics and morality;
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Quality of information;
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Clear options;
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No bias by researchers.
Categories of Research Tools
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Scientific Skills – Information seeking,
structuring, collection and analysis skills.
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Creative skills- critical analysis & thinking,
synthesis, evaluation, and communication skills.
Parliament & the Lawmaking
Process
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Legislative powers are vested in parliament
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Often the Executive initiates bills but parliament
scrutinizes
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Public, Private and Hybrid bills must be reviewed
and passed by parliament before they become law
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Parliamentary procedures for passing bills often
require committing such bills to committees
Lawmaking Process:
Fundamental Steps
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Legislative process may vary by legislature
but fundamental steps are:
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Introduction and First Reading
Committee Stage and Second reading
Consideration and Third reading
Royal or Presidential Assent
Steps to the First Reading of a
Bill
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Parliaments receives proposed law or bill
Parliamentary leadership follows procedure
to present the bill to the house
The Clerk or presiding officer also reads the
title of the bill
This is termed the 1st Reading
Committee Stage and Second
Reading
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May be referred to committee where detailed work is
carried out (committee stage)
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Public may be asked to send inputs, public hearing may
be held
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Committee members may propose to amend the bill
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Report may be presented to the House
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Bill is read for the second time; debates commence
Consideration & Third Reading
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Consideration Stage: The whole house
discusses the bill
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Debate carried out by clause
Amendments debated
Arguments made to support or reject proposals
New suggestions are made
Might allow Members to speak more than once to
questions proposed by chairperson.
Consideration & Third Reading
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Committee report forms crucial background to inform
debate
Timeline must elapse between committee stage &
considerations stage for effectiveness
Consideration stage is followed by third reading
In most bicameral parliaments, the bill then goes to the next
chamber where it is taken through similar stages
Once agreement on Bill content, it is submitted to
appropriate office for presidential or Royal assent.
Royal Assent or Presidential
Assent
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The Clerk ensures that the bill reflects relevant amendments &
recommendations.
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Amended versions printed & certified as true copies;
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Copies presented to the King/Queen/ President.
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Presidential or Royal seals are affixed and the
President/Queen/King assents to the bill by placing signature
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“I hereby signify my assent to this bill” or “The queen wishes it.”
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President or the King/Queen may refuse to assent to the bill.
Committee Clerks & the
Lawmaking Process
Clerks need knowledge & skills to help committee address questions such
as:
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Does committee have power to divide one clause into two?
How do you postpone the consideration of a clause? Do you need a
motion?
Do you need to give notice of amendment in committee? When and
how?
What is the procedure for introducing or withdrawing an amendment?
In what order should amendments be called, which amendments are
admissible and which are not and why?
What is the procedure for communicating committee minutes of
proceedings to the House?
Committee Clerks & the
Lawmaking Process (Cont.)
Committee Clerks must:
 Know the procedure for law-making process,
especially committee & consideration stages of a
bill;
 Assist committee chairperson and members in
moving & debating amendments to the bill;
 Know order in which bills must be looked;
 Ensure minutes are properly captured.
Definition of Accountability
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Ability to provide an explanation or justification, accept responsibility for
events, transactions or one’s own actions in relation to these events or
transactions.
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Plays an important role in public sector.
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About giving an answer for how money is spent, power exercised, and
rights mediated.
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Fundamental that power holders are required to exercise responsibility in
public interest, and according to law.
(Source: http://www.records.nsw.gov.au)
Personal, Institutional & Public
Accountability
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Personal Accountability: Individuals are held
accountable for their decisions and actions.
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Institutional Accountability: An organization is
accountable for its performance or behaviour.
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Public Accountability: Embraces the examination of
the conduct of individuals in institutions of authority.
Accountability Requirements
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Necessary to achieve intended purpose. Such as requirements
to:
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Meet statutory obligations
Meet audit requirements
Be able to produce evidence in court proceedings
Be able to withstand the scrutiny of the media
Meet industry-based standards for accreditation or quality assurance
standards
Justify actions to investigative bodies such as Royal Commissions and
parliamentary committees
Parliamentary Accountability…
…is premised on parliament as the
representative arm of government
which has the duty to provide checks &
balances on the activities of the
executive on behalf of the citizenry.
Mechanisms for Parliamentary
Accountability
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Committee systems: Systematically sustain
scrutiny of the executive for accountability &
transparency.
Question periods: Compels executive to account
for how it administered the state.
Oversight roles: Allows legislature to scrutinize and
publicize instances of executive malfeasance.
Challenges with Parliamentary
Committees
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Evolving policy & committee mandate
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Changes demand integrated deliberation & oversight
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Inadequate resources
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Changing faces of parliamentary committees can create
challenges of clarity of mandate
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Committee & ministry relations
Measures for Effective
Accountability
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Strengthening MPs’ access to research and information
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Strengthening political parties
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Strengthening parliamentary oversight activities
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Strengthening committee systems
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Building the capacity of parliamentary staff
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Building the capacity of MPs
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Providing centres, such as libraries and research centres
Partnering for Accountability
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Establish healthy relations with watchdog
orgs, like civil society groups, media,
electorate and public.
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Assess information, documentation, and
encourage participation
The Role of Committee Staff in
Accountability
In oversight, staff can function to:
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Access information for committee members;
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Conduct research in issues of national interest
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Provide expertise;
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Draft legislation;
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Advise parliament on policy issues;
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Bring experience.
Strengthening Committees
Committees can have a profound effect on accountability
by:
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Limiting turnover of committee chairs and members;
2.
Strengthening committee research capacity; and
3.
Amending regulations to ensure that committees can
compel members of the executive branch to testify
Source: http://www.parlcent.ca/publications/pdf/sourcebooktext.pdf
Parliamentary Transparency
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Oversight needs accountability &
transparency to ensure parliamentary
democracy is open & has rule of law
Transparency invokes need to reach
constituents
Parliamentary Transparency
Requires
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All representatives with access to parliamentary
processes;
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Public accounts verifiable;
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Public participation in government policy-making;
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Contestation over choices impacting citizens;
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Accurate and timely information on results of policy
for public;
Transparency Revolves
around:
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Information management
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Decision-making;
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Whistle blowing, ethics;
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Relations between civil society and constituents;
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Parliamentary networks; and
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Assets declaration.
Information Flow &
Transparency
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Consult & involve public in work of parliament,
through:
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open communication so views of public are heard.
Consulting public defines issues addressed by
parliament
The Media & Parliamentary
Transparency
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Covers parliamentary proceedings & disseminates
information;
Can act as a medium for committees to reach
public;
Can cover public hearings;
Exists as a medium through which public can reach
parliament & government.
The Relationship Between
Transparency & Accountability
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Transparency requires making public accounts
verifiable, providing for public participation in policymaking and implementation;
Accountability and transparency are essential for
securing effectiveness in:
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use of public resources;
promoting public welfare,
enhancing governmental responsiveness.
Transparency & Committees
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Mechanisms assuring
transparency:
 Keep all records of
proceedings;
 Make summaries of
proceedings available to
public;
 Avail the public of transcripts;
 Avail members’ votes to public;
 Publish plain language
summaries of oversight;
 Hold public hearings on bills.
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Hold public hearings on
policy issues;
Publicize public hearings;
Publish invitations to public
to attend or submit;
Invite expert testimony;
Issue press release;
Open proceedings to public;
Establish active petition
committees
Involve civil society in
committee work.
Committee Outreach
Provides members of committee with assessment of situation. For
example:
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Oversight Committees from 10 Parliaments assessed social services
provided to communities.
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Social Accountability through Community Score Card and Citizens’
Report Card were adopted offering committees opportunity to interact
and work with stakeholders
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Brought Parliamentarians closer to people in oversight responsibilities.
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Aided committees in making informed arguments for reforms in
government policies and programmes.
Accessibility to Constituents
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A requirement to fulfill democratic & constitutional
obligations
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Continue to know the needs of the people;
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Report to people the laws that affect them as well as
answers to their needs;
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Account to the people; and
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Be available to citizens to offer and receive advice on
specific needs.