Parliamentary Committees in Democracies

1. Parliamentary Committees in Democracies

2. What is Parliament? • The national legislature • A group of elected people, mandated by citizens to represent them at the national level • Members of Parliament make & change laws

3. Parliamentary Function • Oversight • 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

4. MPs Work For and In… • Constituency: Articulate concerns of constituents, push for policies, enact laws to improve constituents’ standard of living & welfare. • Chamber:Attend sittings, contribute to debates, pose questions to Ministers and make statements on the floor of the House • Party and Caucus:Participate in Party Caucus activities, promote party's cause, ideology and interest in Parliament. • Committee: Develop knowledge & requisite skills in focus area of committee; contribute to in-depth analysis, review of public policy.

5. Commissions or councils –smaller groups of MPs Allow parliament to perform several functions simultaneously Allows for detailed investigation and discussions Allow in-depth review of policy matters or bills findings of committee meetings inform debates and conclusions on floor of the House What are parliamentary Committees?

6. The Role of Parliamentary Committees • Vary from country to country depending on • Governing system • Political party strength & organization • Resources available • Standing orders define mandate and functions • Power to • Take evidence • Call for documents • Send for persons.

7. Common Characteristics of Parliamentary Committees • Focal points for legislation & oversight • Not decision-making bodies, except in internal proceedings • Report recommendations and conclusions to the chamber for decision

8. Types of Parliamentary Committees • Permanent committees • Function & composition indicated in rules of the House. • Membership could be for the entire term of parliament • Ad Hoc Committees • Reviews particular policies or bills • Dissolves when work is complete • Committee of the Whole • Entire membership of the house • Reviews an issue chaired by speaker or chairman other than the speaker

9. Needs: Procedural Administrative Drafting & reviewing bills Accurate information Expert opinion and analysis Participants: Secretariats Committee clerks Librarians Researchers Subject experts Legal draftsmen Parliamentary Staff and Committee Effectiveness

10. A clear mandate Size of the committee –too large or too small renders it ineffective Skills of the chairperson -must manage activities and meetings Quality of support staff & resources available to committee Consensus building – effective non-partisan consensus building techniques Factors for an Effective Committee

11. Varies from country to country Parliamentary size has little bearing on number of committees Examples 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. 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 termorrevisedevery year. Numbers, Size & Composition of Committees

12. Committee Chairperson • 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.

13. Competence Flexibility and Adaptability Firmness & Decisiveness Honesty and Dependability Openness Source:Ogle’s qualities of good leadership Fairness Tolerance Patience Humility Stamina Source:Ogle’s qualities of good leadership Qualities of an Effective Chairperson

14. Basic administrative & clerical support Specialized officer support Need support in procedural issues Ensure that committees scrutinize legislation and conduct inquiries Must use professional librarians, researchers and subject specialist Liaise with clerks to respond to MPs and prepare briefing papers Must be non-partisan Present unbiased, factual, accurate, up-to-date information Promote core values of quality & integrity Communicate institutional mandate & services clearly Continued dialogue, & informal face-to-face discussions Staff Support for Committee Effectiveness

15. Trust each other Encourage contributions from all members Allow the expression of different opinions Agree on agenda & expectations Clear rules Discuss opinions Clear compromise Clear strategies for repeating processes to reach consensus Uphold decisions made Extracts from Building Consensus http://webquest.sdsu.edu/processguides/consensus.html Consensus Building: Members Must…

16. List and prioritize committee activities Draw up agenda and notices of meetings Record attendance Distribute information & papers Support fact-finding & oversight missions Support public hearings 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 Administrative Support May Include…

17. Effective Administration needs… • 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

18. Parliamentary Procedures • Definition: Rules, precedents, and practices used in deliberative assemblies. • Intent: Maintain decorum, ascertain majority will, preserve minority rights, and facilitate orderly business transactions • 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

19. Oversight Evidence gathering Committee interaction with the public Paper processing Chairperson election Voting procedures Membership procedures Chairperson’s functions and powers Committee’s mandate, functions & powers; The formation of a quorum Legislative processes Executive accountability Procedural Issues

20. Understand constitution Know rules of the legislature Be familiar with principles & committee rules Understand committee procedures & conventions Understand political system Know the basis for non-political advice in politics Understand political dynamics Know constitutional rules and framework Have experience Requirements for Sound Procedural Advice & Guidance

21. Research & Info Needs of Committees • Need access to timely, up-to-date, accurate & well-researched 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

22. Sources of Information for Committees • Government sources of information • Professional staff of Ministries, Departments and Agencies, • Monitoring and Evaluation • Independent sources of information • Team of professionals who generate information

23. 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.

24. The Research Process • 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.

25. Research Tools • The Library and its resources • Techniques of measurement • Statistics • The computer and software • Clarity of Language

26. Political Considerations • Political ad social knowledge • Clear understanding of political background of issue under investigation; • Perspective of committees, political party groups, relevant stakeholders, society at large should be considered.

27. Technical Considerations • Be conversant with current policies & arguments; • Make arguments in context of local, national, international perspective; • Understand alternative perspectives.

28. Ethical Considerations • Objectivity; • Ethics and morality; • Quality of information; • Clear options; • No bias by researchers.

29. Categories of Research Tools • Scientific Skills – Information seeking, structuring, collection and analysis skills. • Creative skills- critical analysis & thinking, synthesis, evaluation, and communication skills.

30. Parliament & the Lawmaking Process • Legislative powers are vested in parliament • Often the Executive initiates bills but parliament scrutinizes • Public, Private and Hybrid bills must be reviewed and passed by parliament before they become law • Parliamentary procedures for passing bills often require committing such bills to committees

31. Lawmaking Process: Fundamental Steps • Legislative process may vary by legislature but fundamental steps are: • Introduction and First Reading • Committee Stage and Second reading • Consideration and Third reading • Royal or Presidential Assent

32. Steps to the First Reading of a Bill • 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

33. Committee Stage and Second Reading • May be referred to committee where detailed work is carried out (committee stage) • Public may be asked to send inputs, public hearing may be held • Committee members may propose to amend the bill • Report may be presented to the House • Bill is read for the second time; debates commence

34. Consideration & Third Reading • Consideration Stage: The whole house discusses the bill • 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.

35. Consideration & Third Reading • 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.

36. Royal Assent or Presidential Assent • The Clerk ensures that the bill reflects relevant amendments & recommendations. • Amended versions printed & certified as true copies; • Copies presented to the King/Queen/ President. • Presidential or Royal seals are affixed and the President/Queen/King assents to the bill by placing signature • “I hereby signify my assent to this bill” or “The queen wishes it.” • President or the King/Queen may refuse to assent to the bill.

37. Committee Clerks & the Lawmaking Process Clerks need knowledge & skills to help committee address questions such as: • 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?

38. 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.

39. Definition of Accountability • Ability to provide an explanation or justification, accept responsibility for events, transactions or one’s own actions in relation to these events or transactions. • Plays an important role in public sector. • About giving an answer for how money is spent, power exercised, and rights mediated. • Fundamental that power holders are required to exercise responsibility in public interest, and according to law. (Source: http://www.records.nsw.gov.au)

40. Personal, Institutional & Public Accountability • Personal Accountability: Individuals are held accountable for their decisions and actions. • Institutional Accountability: An organization is accountable for its performance or behaviour. • Public Accountability: Embraces the examination of the conduct of individuals in institutions of authority.

41. Accountability Requirements • Necessary to achieve intended purpose. Such as requirements to: • 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

42. 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.

43. Mechanisms for Parliamentary Accountability • 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.

44. Challenges with Parliamentary Committees • Evolving policy & committee mandate • Changes demand integrated deliberation & oversight • Inadequate resources • Changing faces of parliamentary committees can create challenges of clarity of mandate • Committee & ministry relations

45. Measures for Effective Accountability • Strengthening MPs’ access to research and information • Strengthening political parties • Strengthening parliamentary oversight activities • Strengthening committee systems • Building the capacity of parliamentary staff • Building the capacity of MPs • Providing centres, such as libraries and research centres

46. Partnering for Accountability • Establish healthy relations with watchdog orgs, like civil society groups, media, electorate and public. • Assess information, documentation, and encourage participation

47. The Role of Committee Staff in Accountability In oversight, staff can function to: • Access information for committee members; • Conduct research in issues of national interest • Provide expertise; • Draft legislation; • Advise parliament on policy issues; • Bring experience.

48. Strengthening Committees Committees can have a profound effect on accountability by: • Limiting turnover of committee chairs and members; • Strengthening committee research capacity; and • Amending regulations to ensure that committees can compel members of the executive branch to testify Source: http://www.parlcent.ca/publications/pdf/sourcebooktext.pdf

49. Parliamentary Transparency • Oversight needs accountability & transparency to ensure parliamentary democracy is open & has rule of law • Transparency invokes need to reach constituents

50. Parliamentary Transparency Requires • All representatives with access to parliamentary processes; • Public accounts verifiable; • Public participation in government policy-making; • Contestation over choices impacting citizens; • Accurate and timely information on results of policy for public;