parliamentary committees in democracies

Parliamentary Committees

in Democracies

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

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

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.

What are parliamentary Committees? 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

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.

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

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

Parliamentary Staff and Committee Effectiveness Needs:

Procedural Administrative Drafting & reviewing

bills Accurate information Expert opinion and

analysis

Participants: Secretariats Committee clerks Librarians Researchers Subject experts Legal draftsmen

Factors for an Effective Committee 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

Numbers, Size & Composition of Committees 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 term or revised every year.

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.

Qualities of an Effective Chairperson

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

Staff Support for Committee Effectiveness 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

Consensus Building: Members Must… 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

Administrative Support May Include… 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

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

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

Procedural Issues 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

Requirements for Sound Procedural Advice & Guidance 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

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

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

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 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 The Library and its resources

Techniques of measurement

Statistics

The computer and software

Clarity of Language

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.

Technical Considerations Be conversant with current policies &

arguments;

Make arguments in context of local, national, international perspective;

Understand alternative perspectives.

Ethical Considerations Objectivity;

Ethics and morality;

Quality of information;

Clear options;

No bias by researchers.

Categories of Research ToolsScientific Skills – Information seeking,

structuring, collection and analysis skills.

Creative skills- critical analysis & thinking, synthesis, evaluation, and communication skills.

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

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

Steps to the First Reading of a Bill

1. Parliaments receives proposed law or bill2. Parliamentary leadership follows procedure

to present the bill to the house3. The Clerk or presiding officer also reads the

title of the bill

This is termed the 1st Reading

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

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.

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.

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.

Committee Clerks & the Lawmaking ProcessClerks 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?

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 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)

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.

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

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 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 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

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

Partnering for Accountability Establish healthy relations with watchdog

orgs, like civil society groups, media, electorate and public.

Assess information, documentation, and encourage participation

The Role of Committee Staff in AccountabilityIn 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.

Strengthening CommitteesCommittees can have a profound effect on accountability

by:1. 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 Oversight needs accountability &

transparency to ensure parliamentary democracy is open & has rule of law

Transparency invokes need to reach constituents

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;

Transparency Revolves around: Information management

Decision-making;

Whistle blowing, ethics;

Relations between civil society and constituents;

Parliamentary networks; and

Assets declaration.

Information Flow & Transparency

Consult & involve public in work of parliament, through: open communication so views of public are heard.

Consulting public defines issues addressed by parliament

The Media & Parliamentary Transparency 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

Transparency requires making public accounts verifiable, providing for public participation in policy-making and implementation;

Accountability and transparency are essential for securing effectiveness in: use of public resources; promoting public welfare, enhancing governmental responsiveness.

Transparency & Committees

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.

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: Oversight Committees from 10 Parliaments assessed social services

provided to communities.

Social Accountability through Community Score Card and Citizens’ Report Card were adopted offering committees opportunity to interact and work with stakeholders

Brought Parliamentarians closer to people in oversight responsibilities.

Aided committees in making informed arguments for reforms in government policies and programmes.

Accessibility to Constituents A requirement to fulfill democratic & constitutional

obligations

Continue to know the needs of the people;

Report to people the laws that affect them as well as answers to their needs;

Account to the people; and

Be available to citizens to offer and receive advice on specific needs.