The Parliamentarian 2011: Issue One - Conservation, Development and climate change

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TheParliamentarian Journal of the Parliaments of the Commonwealth

2011 | Issue One XCII | Price £12

IWOKRAMA:

Guyana’s rainforest project to study conservation, development and climate change PAGE 52

PLUS Pakistan’s Return to a True Parliamentary Democracy

MPs: Social Workers for a few or Legislators for all?

Freedom of Information in Selangor and Zambia

PAGE 14

PAGE 18

PAGES 24 and 28

India and Effective Development Policies PAGE 32

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Calendar of Events 2011 May 2-5:

Trade Policy for Southern African Parliamentarians, Livingstone, Zambia

17-19: Small Island Developing States and Climate Change, Zanzibar

June 6-10:

Constituency Development Funds Workshop, Jamaica

12-13: Induction Course for Members of Parliament, Rwanda 13-15: Government and Opposition Workshop for the Indian, Asian and South-East Regions, Male, Maldives 24 June- 1 July: 36th Conference of the Caribbean, Americas and Atlantic Region, St George’s, Grenada

July 13-19: 49th Canadian Regional Conference and CWP Canadian Regional meeting, Charlottetown, Prince Edward Island, Canada 21-28: 57th Commonwealth Parliamentary Conference, United Kingdom

The publication of a Calendar of CPA events is a service intended to foster the exchange of views between Branches and the encouragement of new ideas. Further information may be obtained from the Branches concerned or the Secretariat. Branch Secretaries are requested to send updates of this material to the Information Officer (pirc@cpahq.org) to ensure the Calendar is full and accurate.

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A CPA publication

Available to Members and Officials of the CPA for purchase from the CPA•Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.

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CONTENTS

2011: ISSUE 1 28

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Journal of the Parliaments of the Commonwealth Vol. XCII 2011: Issue One ISSN 0031-2282 Issued by the Secretariat of the Commonwealth Parliamentary Association, Suite 700, Westminster House, 7 Millbank, London SWIP 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org www.cpahq.org Publisher: Dr William F. Shija Secretary-General Editor: Andrew Imlach Director of Communications and Research

COMMENT

MAIN ARTICLES

Inside Issues

A Milestone in Pakistan’s Parliamentary Development

Executive Presidency, Good Governance and Financial Reform in Sri Lanka

The Modern Member of Parliament: Legislator, Ombudsman or Social Worker?

Codes of Conduct for Members of Parliament – The Right Thing to do

Freedom of Information in Selangor: Building Better Governance

Strategies for Attracting more Women into Politics

Freedom of Information: The Zambian Case

Pakistan Institute for Parliamentary Services: A New Beginning

The Consequences of Governance Page 4

View from the Chair The CPA: Committed to Good Governance Page 6

View from the CWP

Working Together for Women in the Pacific Page 8

View from the Secretary-General

Popular Uprisings open the Door to Democracy and Commonwealth Expansion.

Page 10

Assistant Editor: Lisa Leaño Front cover A misty rainforest Image: Shutterstock® Printed in England by Warners Midlands, PLC, The Maltings, Manor Lane, Bourne, Lincs PE10 9PH

2 | The Parliamentarian | 2011: Issue One

Dr Fehmida Mirza, MNA Page 14

Hon. John Mickel, MP. Page 18

Hon. Tan Sri Dato’ Seri Abdul Khalid bin Ibrahim, MLA. Page 24

Hon. Mwansa Kapeya, MP. Page 28

India, the Commonwealth and the Emerging New World Economic Order Hon. Meira Kumar, MP. Page 32

Hon. Wijeyadasa Rajapakshe, MP. Page 36

Hon. N.H. Cole Simons, JP, MP. Page 40

Mrs Maxine A. Henry-Wilson, MP. Page 44

Mr Faisal Karim Kundi, MNA Page 48

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56 40

PROFILE: YUKON Iwokrama: Place of Refuge, Place of Hope Mr E. Lance Carberry, MP. Page 52

Youth Parliament in Dominica

The Political Evolution of Yukon Hon. Ted Staffen, MLA Page 2

New Partnerships in a Changing Environment

The Operations of a First Nation Government Hon. Marian Horne, MLA. Page 22

Civil Forfeiture – A Slippery Slope

Hon. Alix Boyd Knights, MHA Page 56

Hon. Dennis Fentie, MLA. Page 6

Mr Donald Inverarity, MLA. Page 24

Minority Government for Australia

Helping Yukon’s Homeless

Women in Politics can Make a Difference

Mr Bernard Wright Page 58

Mr Arthur Mitchell, MLA. Page 10

South Australia makes the Swap to Fairtrade

Larger than Life: Marketing “Destination Yukon”

Modernizing Yukon’s Mining Regime

Hon. Elaine Taylor, MLA. Page 14

Mr Steve Cardiff, MLA Page 32

NEWS

Getting Yukoners involved in the Peel Watershed Land Use Plan

Energy Drinks – Consumer Cornucopia or Chemical Cocktail?

Page 62

Parliamentary news: Sri Lanka, Canada, Australia, United Kingdom, India, Quebec and New Zealand.

Page 65

Ms Elizabeth Hanson, MLA. Page 18

Hon. Elaine Taylor, MLA. Page 28

Annual subscription (four issues) UK: £34 post free.

Worldwide: £36 surface post £42 airmail Price per issue UK: £11 Worldwide: £12 surface post £13 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.

Mr Darius Elias, MLA. Page 36

Yukon: Host to the CPA Executive Committee Meeting February 2011 Promoting sustainable forest management

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INSIDE ISSUES

THE CONSEQUENCES OF GOVERNANCE The Editor’s note

Accessibility has consequences for Parliamentarians which are positive and negative, and expected and unexpected. The Pakistani parliamentary committee reviewing the country’s constitution had an experience in public consultation that surely qualifies it for all four consequences.

Dr Fehmida Mirza, MNA, Speaker of the National Assembly, writes in this issue that the review committee which she established used the media to invite the people to suggest constitutional reforms. It received nearly 1,000 proposals.

The number was a positive demonstration of public involvement, although it would have had a negative impact on the capacity of the committee to deal with the volume. Such a response in an area as esoteric as constitutional law would have been unexpected.

But, Madam Speaker reports, the expected – and indeed intended – consequence of public involvement was achieved as Parliament was able to enact an extensive and historic set of constitutional reforms that received wide public support.

The second article in this issue exposes a consequence which is the opposite of what was intended and in fact can undermine representative governance: the more readily accessible Members 4 | The Parliamentarian | 2011: Issue One

become to individual constituents, the less time they can devote to ensuring good governance for all constituents. Increased accessibility enables the “social worker” role to jeopardize the effectiveness of Members as legislators, policy advisers and government watchdogs.

Hon. John Mickel, MP, Speaker of the Legislative Assembly of Queensland, notes that spending more time solving the problems of individual constituents – often problems well beyond the reasonable scope of constituency duties – is an unexpected consequence of the provision of staffed constituency offices. While no one would suggest boarding up constituency offices, Mr Mickel argues, among other things, that Members must re-assess the amount of time they spend on their constituency duties, sometimes called “retail politics”, and prioritize the House and committee work which benefits everyone. If Members don’t focus more fully on the big issues, then bad laws, policies and administrative performance potentially go unchecked by the very people elected to do just that.

While the social worker role will always be part of retail politics, Mr Mickel argues that Members and the institution of Parliament have to redress the imbalance between

the roles as a key part of governance improvement.

Members in Malaysia and Zambia look at the consequences of introducing Freedom of Information (FOI) from distinctly different perspectives. First, Hon. Tan Sri Dato’ Seri Abdul Khalid bin Ibrahim, MLA, the Chief Minister of the Malaysian state of Selangor, reports on his government’s initiative to enact Malaysia’s first FOI regime. He is followed by Hon. Mwansa Kapeya, MP, who urges his government to do the same thing for Zambia.

Both Members acknowledge that FOI requires the implementation of new administrative systems to enable information to be found efficiently.

This will indirectly assist the work of Members, for example in parliamentary committees.

Committees would not use FOI to request information – their powers to obtain information are generally stronger than those of FOI regimes – but because administrations would have better systems to enable them to respond quicker and more fully to committee calls for information.

The global financial crisis is one factor contributing to a major shift in global economic power. One of the world’s fastest growing economic powers, India, provides

evidence of another factor – the growing strength of a diversified developing economy which is based not on exports alone but also on supplying a large and growing domestic market. The Speaker of India’s Lok Sabha, Hon. Meira Kumar, MP, writes here on how her country is developing rapidly and how it is willing to share its experiences to benefit other Commonwealth nations.

While Pakistan has abandoned presidential government, Sri Lanka has not. A former Minister who is now in the opposition, Hon. Wijeyadasa Rajapakshe, MP, argues here that the quality of governance would be improved substantially if his country also returned to a purely parliamentary system. Having chaired a parliamentary committee which reported extensive examples of allegedly corrupt and ineffective administration in certain stateowned enterprises, Mr Rajapakshe contends that effective oversight performance comes only in a parliamentary system which spreads power among many offices rather than concentrating it in one.

Another way to improve the quality of performance of Parliamentarians is to adopt a code of conduct so Members clearly understand what is expected of

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INSIDE ISSUES

A stained glass window in the Queensland Parliament House.

them and so the public shares that understanding. Hon. Cole Simons, JP, MP, of Bermuda outlines in this issue his views on how to best formulate a code of conduct and why he thinks Parliamentarians have a responsibility to subject themselves to codes as they often require other professional to do.

Codes of conduct have their own intrinsic value; but whether they will improve what the public thinks of Parliamentarians will vary in different jurisdictions, based on Commonwealth experiences.

In the 1970s and 1980s, it appeared that women were making headway in the Commonwealth Caribbean, a region so noted for very formidable female Parliamentarians that the scarcity of women Members was often overlooked. Mrs Maxine A. Henry Wilson, MP, a veteran Jamaican Parliamentarian, notes in this issue that female numbers seemed to be rising but the number of women in Caribbean Parliaments is still an issue. Rather than continuing to look at the issue solely as a “numbers game”, she

proposes another direction for the debate on the parliamentary empowerment of women.

In Pakistan, the debate on empowering women runs in parallel with a debate on how to empower Parliament to forestall another period of military government. In an impressive show of unity that spanned party lines and the national and provincial Assemblies, Members have agreed to establish an Institute for Parliamentary Services as part of the nation’s democratic strengthening programme. Mr Faisal Karim Kundi, MNA, Deputy Speaker of the National Assembly, gives us an account of why the institute was established and how it will contribute to good governance in Pakistan. Like any institution, Mr Kundi notes it will only succeed if Members use it.

The Commonwealth Parliamentary Association also provides information to Members on a wide array of issues, including climate change. The CPA Task Force on this subject is offering Members reputable political information on this often highly

technical area. One such piece of information is the article in this issue from Mr E.Lance Carberry, MP, of Guyana on his country’s world-leading tropical rainforest preservation project, Iwokrama. Mr Carberry was involved in this Commonwealth showpiece project from the beginning and reports here on how it is progressing.

Still in the Caribbean, the Chairperson of the Commonwealth Women Parliamentarians, Hon. Alix Boyd Knights, MHA, in her capacity as Speaker of the Dominica House of Assembly, reports on an event which has been generating an interest in politics among the small island’s young people in recent years, a Youth Parliament. As it is held in conjunction with Commonwealth Day, it serves the dual purpose of also promoting your people’s interest in the Commonwealth.

In August 2010, Australians joined what is currently a growing group of countries whose electorates are certain only of uncertainty: they elected a hung

Parliament. While many other Commonwealth countries have experienced minority governments regularly or periodically for decades, this was Australia’s first national minority government in 70 years. Coping with this new phenomenon has therefore required adaptations to the established order, as the Clerk of the House of Representatives, Mr Bernard Wright, chronicles in this issue. The success of the adaptations may determine whether Australia stays in this group of countries.

Finally, we report here that South Australia’s Parliament has opted to sell fair-trade coffee as a gesture of support for farmers in developing countries. As only one of the world’s top 10 coffeeproducing countries is a Commonwealth nation, whereas three of the top five producers of black tea are in the Commonwealth, will Fairtrade certified tea soon appear on the Parliament’s menus?

The one Commonwealth country common to both lists, by the way, is India.

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THE CPA: COMMITTED TO GOOD GOVERNANCE

especially though times of stress and difficulty. Republican or constitutional As I write this, the festive season has passed and we have welcomed 2011. monarchists, we all owe her a debt of gratitude.

Sadly the joys and happiness of the celebrations have been marred this Thus it is fitting that we will we be celebrating our 100th anniversary in year by the tragic events of the natural disasters in Australia, Sri Lanka, London later in the year for not only is London the birthplace of CPA but I New Zealand and Japan. The effect of the loss of lives and livelihoods am sure that Her Majesty will show continued and undiminished interest in cannot be overestimated and there is still much grief and mourning. I am the work of the Association of which she is Patron. sure that all members will have joined with me in Like 2010, 2011 is likely to remain difficult and sending our condolences to the people and challenging. The global financial crisis, although hopefully communities that have suffered so much. easing, placed heavy pressure on parliaments and Thus although the year began with sadness 2011 members have had to grapple with often unpalatable remains an important milestone in the history of our decisions. There is no doubt that as a result of failures in association. One hundred years ago the the world financial and banking systems there are now Commonwealth Parliamentary Association was more people suffering from poverty than before and formed. In those days it was called the Empire some economies are still tottering under the strain.

Parliamentary Association and its membership Surely, it is not beyond the wit of mankind to develop a consisted of Australia, Canada, Newfoundland, New better and more secure world financial system and one Zealand, South Africa and the United Kingdom. In where we avoid these seemingly cyclical crises. I believe 1948 the association changed its name to the current that as members of our respective Parliaments we must Commonwealth Parliamentary Association. Today promote an approach to world financial management there are 169 active branches of national, state, Hon. Dato’ Seri Mohd. Shafie based on sound ethical principles and one that is provincial and territorial Parliaments, with a total Apdal, MP sufficiently well regulated to put a stop to outrageous membership of approximately 16,000 Chairperson of the CPA greed-driven risk taking. Not only is this a matter of deep Parliamentarians. Members include Parliamentarians Executive Committee and from the world’s largest parliamentary democracy to Minister of Rural and Regional concern for economic stability, the eradication of poverty and growth but economic downturns such as these place some of the smallest. In 1989, the CPA Development, Malaysia severe stresses on emerging democracies and as such is acknowledged the Head of the Commonwealth, HM a crucial issue for us in the CPA. I would like to see the Queen Elizabeth II as CPA Patron and the Vice CPA; particularly the developed nation members use all Patron, the head of state or of the government of the our collective powers to influence the policies of world financial decision branch holding the upcoming conference. makers. It is no longer tolerable to have an unaccountable system that I recognize that some perceive constitutional monarchies as a political effectively penalizes the impoverished, stunts economic growth of the anachronism in the 21st century. I don’t, but I am sure that whatever our many by the few and causes untold hardship to businesses, communities personal views are of constitutional monarchies we would all wish to and families every time there is a new crisis. recognize the contribution Her Majesty has made not only to our There is no doubt in my mind that the CPA commitment to good association but to the Commonwealth itself. As one of the longest serving governance, parliamentary democracy and human rights are the monarchs in the world Queen Elizabeth II has been a head of state during foundations upon which we can continue to build. These are timeless some of the most momentous events of 20th century history. Her verities but we now have the opportunity to consider ever more effective commitment to parliamentary democracy is without question and I doubt ways of promoting them. I hope that the Working Party on the future of the that there is anyone else who has met and talked with so many heads of Association will “grasp the nettle” of reform, “think-out-of-the-box” and state and Commonwealth Parliamentarians. In a quiet and unassuming come forward with imaginative proposals for us all to consider. As we look manner the Queen has done much to hold the Commonwealth together 6 | The Parliamentarian | 2011: Issue One

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VIEW FROM THE CHAIR

forward to our second century we must ensure that the CPA grows ever more relevant to our members and the people they represent. I am convinced that we increase our efforts to encourage greater levels of democratic participation and promote the processes of people empowerment.

This is my penultimate, “View from the Chair” as my term of office ends at the London conference when we shall elect a new chairperson. Being elected as the chair of your Executive Committee was a great honour and I have been proud to serve. It has not always been easy but then democracy is not always easy however, it has been an enjoyable and enriching experience. It has also been my privilege to meet many members representing such a variety of cultures and traditions and the conferences in Tanzania and Kenya will remain long in my memory.

During my period of office I have been particularly pleased to witness the growing influence of the Women’s Parliamentary Association and the continuing work of the CPA amongst emerging democracies. Many members may not be aware of the range of training programmes for parliamentary support staff. I hope these can be developed further and even greater use made of on-line learning modules. It is worth reminding ourselves that there is a vast amount of parliamentary expertise amongst our members and I hope we can find ever more effective ways of exploiting their knowledge and skills.

Finally, whomsoever we elect in London as our new Chairperson he or she may rest assured that they will be supported as I have been by the

Dear Colleagues, I have pleasure in informing all Members of the Commonwealth Parliamentary Association that the General Assembly, at its last meeting in Nairobi, Kenya, approved a recommendation by the Executive Committee that the employment contract for the Secretary-General, Dr William F. Shija, be extended for a second term from January 2012 to December 2016. Dr William F. Shija took up his position as CPA Secretary-General in January 2007.

Therefore I am taking this opportunity to thank you for the co-operation and support you have extended to the Secretary-General and his staff at the CPA Headquarters in discharging their duties for the benefit of our Association and the wider Commonwealth.

Yours sincerely, Hon. Dato’ Seri Mohd. Shafie Apdal, MP Chairperson of the CPA Executive Committee

dedicated professionalism of the Secretary General and his staff. I thank them all.

Postage stamps featuring the Head of the Commonwealth, HM Queen Elizabeth II. Clockwise from top left: New Zealand, Australia,, Canada and Belize.

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WORKING TOGETHER FOR WOMEN IN THE PACIFIC

particular interest to me, I began to appreciate that there are deep-seated In the past 20 years or so I had gradually come to accept that the world is cultural structures that severely inhibit the women of the Pacific in their no more than a “global village” – that is, until last week when I embarked on effort to enter Parliament. I am happy to note, though, a journey that took me to six countries over three that the women of the Pacific stand steadfast in their continents and on my way there kept me in the air for resolve to find unique and creative ways to enter a total of 32 hours, had me waiting at airports for 14 Parliament. hours and an overnight stay in one of the countries Some of the creative ideas that came out during the through which I passed. While my impression of the seminar included the “knowledge pack” that Dame Carol “global village” changed, my attendance at a gender Kidu, MP, from Papua New Guinea told us about. Instead seminar in the Pacific reinforced another view that I of giving financial or other handouts to constituents who have long held: we have so much to learn from each bring their problems to her, she gives them information other because, as we say in creole, "tout l'espwi paca about how she is fighting for policies that will improve wayposay en yon tet" – all knowledge does not reside their water supply, their access to education or whatever in one head. their immediate problems are. We also heard during the My reason for this journey was an invitation I seminar about personalizing campaigns for your voters – received in my capacity as Commonwealth Women translating party policies into practical measures to Parliamentarians Chairperson to attend the CWP Hon. Alix Boyd Knights MHA empower voters. Articulating your position on burning Pacific Region’s Gender and Democracy Seminar that Chairperson of the domestic issues will let your voters know exactly where was being held in Wellington, New Zealand, from 27 to Commonwealth Women you stand.

31 March. The venue was to be the Debating Parliamentarians and We heard about the use of private Members’ Bills to Chamber of the Parliament Building.

Speaker of the House of introduce more seats for women. This has been done in I was looking forward to attending the seminar, not Assembly, Dominica Bougainville and the Solomon Islands. only because its theme was one on which I have often On the second day, Hon. Rebecca Kadaga, Vicespoken and written over the years and so felt I could Chairperson of the CWP and Deputy Speaker of the Uganda Parliament, make a fair contribution; but also because I was asked to deliver a keynote and I were afforded the opportunity to deliver addresses. Ms Kadaga address. The seminar itself was divided into seven sessions, each with its spoke on how the women of the Africa Region were tackling the problem own sub-theme. As soon as the brief opening ceremony ended, during of getting more women of her region into Parliament and described some which we heard from the New Zealand Speaker, Dr the Rt Hon. Lockwood of the novel strategies being employed. In my address, I gave a brief history Smith, MP, and Hon. Fiame Mata’afa, MP, Minister of Justice in Samoa, we of the “birth” of CWP and advised on what CWP has done and is doing for dove right into business. A unique feature of that ceremony was a video women of the Commonwealth by way of initiatives, financial and other “Pacific Women in Politics” which was made in the 1990s and provided an support and programmes. I also highlighted the fact that the CWP is now a excellent barometer by which any advancement could be measured. fully entrenched part of the CPA. From there we moved through three To my mind, the first session created the setting for the entire seminar other sessions encompassing topics such as: campaign logistics and as it covered the topic “Gender and Democracy in the Pacific – Why do We funding, how to draft motions and Bills and how to use the media Need to Increase Women’s Parliamentary Representation in the Region?” effectively – all important components in the trek to the doors of Here, the seminar was provided with detailed information from Professors Parliament.

Dr Marilyn Warring and Dr Peggy Fairbairn-Dunlop, from Ms Maere Ms Kadaga and I contributed ideas from our regions which we hope will Tekanene, a gender advisor from Kiribati, and from me as to where things be helpful to Pacific women. stood with regards to the numbers (or lack thereof) of women in In Africa, CWP representatives visit party Leaders before an election Parliaments around the Region. By the second session, which was of 8 | The Parliamentarian | 2011: Issue One

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and encourage them to include more women as candidates for their parties. In my country, Dominica, we are publishing booklets with biographies of former and present women Parliamentarians. We intend to use this booklet as a tool to persuade young women to consider running for office. We also find our Youth Parliaments, about which I write elsewhere in this issue, are very helpful in making young males and females comfortable with the idea that both genders should be in Parliament.

Session six, “The Role of NGOs in Assisting Women Candidates”, and session seven, “Supporting Pacific Women as Agents of Change”, were held on the third day. The discussions which followed every session were

lively and informative and I am left with the clear impression that it was an insightful, learning and absorbing experience for us all.

Throughout the seminar, I had the honour to sit and share experiences with the two delegates from Bougainville, Hon. Elizabeth Burain and Hon. Joan Jerome both Members of their Parliament. I hope they have an opportunity to tell their stories to other women of the Commonwealth through these pages. These are stories that need to be told.

I wish to thank the members of the Pacific Region for not only inviting me to attend this seminar where I have learned so many new and innovative ideas but mostly for adding so much to my “fond memories” bank.

Students performing a traditional Samoan dance.

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POPULAR UPRISINGS OPEN THE DOOR TO DEMOCRACY AND COMMONWEALTH EXPANSION The recent events in Tunisia, Egypt, Libya, South Sudan and other countries of the Afro-Arab region have shown that human beings crave democracy.

Political observers will record the year 2011 as one of democratic revolutions.

These events are not only relevant to the political history of Africa but also to the Commonwealth and the world at large. The significance of the events is that North African countries form part of the political geography of the African continent and they are members of the United Nations. They are partners in international trade. The peace or conflict in those countries and the region would therefore impact on other countries, for better or for worse.

Political scientists have often debated the definition of “democracy”, taking into account the

Dr William F. Shija Secretary-General of the Commonwealth Parliamentary Association

different historical, religious and cultural contexts of individual countries or societies. However, no matter how exhaustive the definition might be, what seems to be in general agreement, and in increased demand now, is that “democracy” must not only respect the will and choice of the people, but it must also be seen to be spreading the wealth among the people and empower, if not all, the majority of the citizens.

The message that is emerging from the events in Tunisia, Egypt and Libya is that the young generations of women and men want change, change that leads to economic and social emancipation. They demand that the political structures of their societies should be the vehicles to provide for sufficient and affordable food and water, shelter, clothing, education, transportation and other similar amenities. They demand to freely speak, as

The Secretary-General’s

The Secretary-General (left) greeting the Prime Minister of Trinidad and Tobago, Rt Hon. Kamla Persad-Bissessar, MP.

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national or international levels seeks to reassure the citizen that the process and presence of political representatives are insurances for the availability of “food on the table”.

The real nature of “value for politics” is economic. This means that elections and the installation of governments would have no value if the people are not served with the necessary needs, rights and liberties. If the protests carry a wave of youths, men and women actively participating, I shudder to believe that contemporary leaders have to adapt to this new phenomenon, particularly in the wake of rapid and instantaneous global technologies that have transformed human communications across the globe.

Also, it appears to me that in pursuit of true democracy, a new political leadership will have to focus on wealth distribution among the people. As was the case in the era of feudalism, contemporary reckless capitalism is now not sustainable in the new world.

The second aspect of “value for politics” is with regard to the political wrongs committed in the past. For

well as to assemble and choose their leaders and representatives.

They demand that their national natural resources be equitably shared by all citizens. They are refusing to accept corruption and the amassing of national wealth by a few, particularly leaders. This is an important lesson to current and future politicians in Africa, the Middle East and elsewhere in the world.

It appears to me that what is happening politically in Tunisia, Egypt and other countries in Africa and the Middle East is that a movement toward a new politicoeconomic dispensation in the world is unfolding.

The braveness of the protesters being seen across the world is inconceivable; in developed and developing countries, invariably for similar causes, each however with different degrees and levels, dissent is being openly expressed. It appears to me that regardless of religious, cultural or historical background, political structures and leaders are being tasked to institute what I have termed “value for politics”. The “value for politics” at

Commonwealth gallery

Prime Minister Persad-Bissessar and Secretary-General Shija with CPA Commonwealth Day participants.

The High Commissioner of Malta, H.E. Joseph Zammit Tabona (left), speaking with Dr William F. Shija.

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example, the boundaries that were established to slice Africa during and after the Berlin Conference in 1884 were false and brutal. Although Sudan was formed as a country in the 1820s through conquest by Egypt, the situation was further complicated when it was made an Anglo-Egyptian “protectorate” in 1899.

The consequence of the new structure was a country with a strange bed-fellow relationship between the north and south. To expose this strangeness required not only the long, protracted liberation war since the 1960s, which culminated in political dialogue and a referendum for the independence of the south. The overwhelming vote for independence of South Sudan proved to the world that the country had a lopsided political structure.

The birth of a new nation of South Sudan, as at July this year, is a testimony that democracy continues to unfold in the world. We in the Commonwealth have the opportunity to showcase the democratic process through the parliamentary democracy that we advocate. Parliamentary democracy goes a long way to help the definers of “democracy” across cultures and religions. The departure of the South from the larger Sudan was principally, as claimed, not only because of political oppression of the south by those from the north, but it was also a matter of “bread and butter”.

The Commonwealth has the tools to assist the process of democratization of new countries such as South Sudan (who might assume a new name). If invited to join the Commonwealth, it would be

The Secretary-General’s The Secretary-General (left) with India’s High Commissioner to the United Kingdom, H.E. Nalin Surie.

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among a number of “nontraditional” affiliates to former British colonies and protectorates in the Commonwealth family.

Indeed, countries such as Mozambique, Rwanda and Cameroon have joined the Commonwealth to learn from, and share with, the community various ways of strengthening democracy for their countries. It is expected that other countries in Africa and

Asia, such as Burundi, Angola, Democratic Republic of Congo, Liberia, Somaliland, Bhutan and Nepal will show their interest to join the Commonwealth family because of their close relations with current members through regional economic communities.

It is my view that it is for the reason of expanding democratic practices that the new Commonwealth needs to continue

to open its doors. The opening of doors of the Commonwealth for other interested members is not to suggest returning to the age of colonial expansionism. The Commonwealth of today and tomorrow is challenged to address issues for the new generations beyond tradition. It is supposed to be a source of the expression of more liberty, access to food, water and nutrition, as well as the

provision of basic education and health in a partnership based on equality, justice and human rights. It would encourage anybody, within and without the existing Commonwealth family, to work on strengthening the organization by bringing it closer to the modern democracy which contemporary groups in the world seek to achieve, through agitation, protests or peaceful dialogue.

Commonwealth gallery Right: The SecretaryGeneral with the Treasurer of the CPA, Hon. Hashim Abdul Halim, MLA, holding a copy of the memoirs of the former Speaker of the Lok Sabha, Shri Somnath Chatterjee, entitled Keeping the Faith.

The Secretary-General outside Buckingham Palace before his visit with HM Queen Elizabeth II.

The Chairperson of the National Council of Namibia, Hon. Asser Kuveri Kapere, MP, and Member of the CPA Executive Committee (right) with Dr William F. Shija during a visit to CPA Headquarters in March.

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PAKISTANI MILESTONE

A MILESTONE IN PAKISTAN’S PARLIAMENTARY DEVELOPMENT The unanimous passage of the 18th Constitutional Amendment Bill by Parliament has moved Pakistan away from a presidential form of government susceptible to military coups, says the Speaker of the National Assembly. It is now a true parliamentary democracy as envisioned by its founders in 1947 and by its two former Prime Ministers in the historic 2006 Charter of Democracy.

Dr Fehmida Mirza, MNA, in Islamabad.

Dr Mirza, a medical doctor, has been a Pakistan Peoples Party Member of the National Assembly of Pakistan since 1997. She was elected as Pakistan’s first woman Speaker in March 2008, becoming the first woman Speaker in the Muslim world. She had been a Member of several National Assembly standing committees.

Dr Fehmida Mirza, MNA.

A parliamentary democratic vision The constitution of a country is reflection of a nation’s hopes and aspirations as it serves as a fundamental social contract between the people and the state.

The founding fathers of Pakistan under the leadership of the Quaide-Azam [Great Leader] Muhammad Ali Jinnah had envisaged the country newly established on 14 August 1947 to be a parliamentary federal democracy so as to ensure the emancipation of its people in a pluralistic society. Subsequent

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military interventions and dictatorial regimes (1958, 1962 and 1969), bent upon shifting to a centralized presidential model that permitted their illegitimate “unity of command”, did not allow the spirit of pluralism to be translated in a parliamentary constitution.

The 1973 constitution was a breakthrough in Pakistan’s checkered parliamentary history when a consensus of all political parties in Parliament under the leadership of the then Prime Minister Zulfiqar Ali Bhutto revived the nation’s dream of parliamentary democracy.

Unfortunately, the country had to undergo the ordeal of two more military regimes under Gen. Zia Ul Haq (1974-1988) and Gen. Pervez Musharraf (1999-2008). They again introduced numerous structural aberrations in the 1973 constitution and changed its parliamentary nature to a one-man system in which the President became the chief executive and enjoyed unparalleled powers of making and amending laws through ordinances as well as

making key appointments such as the Chief Justice and the services chiefs. Both Gen. Zia and Gen. Musharraf, like most military rulers, had tunnel vision: to enhance authoritative control over all state organs –Parliament, the executive and the judiciary – in one office: the President. Unfortunately, they changed our constitution from federal parliamentary to quasipresidential and alarmingly the judiciary of the time also appeased them. This not only weakened our democratic institutions but also deprived the provinces of their legitimate constitutional rights.

Charter of democracy Statesmen author a country’s constitution in the spirit of history, culture, political experience and character of the populace. In this context, the political leadership of Pakistan’s biggest political parties the Pakistan Peoples Party (PPP) and the Pakistan Muslim League (Nawaz) (PML-N), Mohtarma Shaheed Benazir Bhutto and Mian Muhammad Nawaz Sharif, who were in exile during Gen.

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The Parliamentary Committee on Constitutional Reforms with Madam Speaker Mirza (front row) and committee Chairperson Sen. Mian Raza Rabbani (front row in white).

Musharraf’s regime, met in London in 2006 to draw a road map to revive the parliamentary constitution. They reiterated that the constitution is a living and organic document and it must be amended according to the political and economic context of the time.

The meeting identified 10 key constitutional amendments, among other steps, to restore parliamentary democracy and both leaders signed the historic Charter of Democracy on 14 May 2006.

The Charter of Democracy called for the following amendments: i.

The 1973 constitution as on 12 October 1999 before the military coup shall be restored with the provisions of joint electorates, minorities and women-reserved seats on closed party lists in the Parliament, the lowering of the voting age, the increase in seats in Parliament and the Legal Framework Order, 2000, and the 17th

constitutional amendment shall be repealed accordingly. ii. The appointment of Governors, three military chiefs and the Joint Chiefs of the forces shall be made by the chief executive who is the Prime Minister, as per the 1973 constitution. iii. The recommendations for appointment of judges to the superior judiciary shall be formulated through a commission, which shall forward names for confirmation to a joint parliamentary committee for confirmation of the nomination through a transparent public hearing process. iv. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units. v. The concurrent list in the constitution will be abolished.

A new National Finance Commission would be announced to seek equitable

vi.

vii.

viii.

ix.

x.

resource distribution to all federating units through an award.

Reserved seats for women in the national and provincial Assemblies will be allocated to the parties on the basis of the number of votes polled in the general elections by each party.

The strength of the Senate of Pakistan shall be increased to give representation to minorities.

The Federally Administered Tribal Areas (FATA) shall be included in the NWFP province in consultation with them.

The Northern Areas shall be developed by giving it a special status and further empowering the Northern Areas Legislative Council to provide people of Northern Areas access to justice and human rights; and Elections to local bodies will be held on a party basis through provincial election commissions in the respective

provinces and constitutional protection will be given to local bodies to make them autonomous and answerable to their respective Assemblies as well as to the people through regular courts of law.

Manifestos, a national tragedy and a triumph for parliamentary democracy The Charter was acknowledged as the basic document that helped formulate a joint vision of Pakistan’s popular leadership. As a result, most political parties – led by the PPP, the PML-N and all nationalist parties in the provinces – included the 10 amendments proposed in the Charter of Democracy in their election manifestos for general elections scheduled for January 2008.

Former Prime Minister Benazir Bhutto arrived in Pakistan in October 2007 and launched a hectic election campaign for the PPP aimed at restoring parliamentary democracy. She also

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convinced the other opposition parties, including the PML-N, not to allow an easy run for Gen. Musharaf by boycotting the elections.

However, as the popular political leadership of the country was about to vote out the proMusharaf parties, Pakistan was struck by the unbearable tragedy of the sad demise of Benazir Bhutto, who was martyred in a terrorist attack after delivering her last address in Rawalpindi on 27 December 2007.

The Co-Chairperson of the PPP, Mr Asif Ali Zardari, took up her vision and continued the mission to secure true parliamentary democracy in Pakistan. He met with the heads of all political parties and, in pursuit of national reconciliation, on 18 February 2008 won a landslide victory for the PPP, for all antiMusharraf political parties and for the Charter of Democracy. This paved the way for the restoration of a parliamentary constitution by the newly elected Parliament.

Pluralistic consensusbuilding in Parliament Mr Asif Ali Zardari became

Former Prime Ministers: Mrs Benazir Bhutto and Mr Mian Nawaz Sharif.

President and played a decisive role in reviving the authority of Parliament as envisaged in the Charter of Democracy. In his first address to the joint sitting of Parliament in September 2008, he clearly reiterated his commitment to continue the consensus for constitutional reform and to revive the parliamentary system as envisaged in the Charter of Democracy. President Zardari at the outset of his first address said: “As head of state I wish to make it clear that the President and the government must and always seek guidance from the Parliament in carrying out our duties. We are committed to upholding the supremacy of the constitution, the supremacy of the Parliament and the rule of law. The cardinal principle of governance is respect of the mandate of the people as manifested in the 18 February election.”

In his second address at the completion of the first parliamentary year on 28 March

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2009, he requested me as Speaker of the National Assembly to formally convene a representative constitutional committee of Parliament. The President said: “Supremacy of the Parliament has been a dream of our leader, Shaheed Mohtarma Benazir Bhutto. The Charter of Democracy flows from her belief in the supremacy of the Parliament.

About six months ago standing here, I had called upon the Parliament to form an all-parties committee to revisit the 17th amendment and Article 58 2(b). I am conscious of the fact that six months is not a long time. I urge you, Madam Speaker, to constitute a committee of all political parties to propose amendments in the constitution in the light of Charter of Democracy. The amendments should be finalized without any further delay….Shaheed Mohtarma Benazir Bhutto had a dream and vision. It was the vision of reconciliation. Reconciliation is the only way forward. We must not remain hostage to the bitterness of the past. We need to bring together the federating units in a spirit of mutual accommodation.”

Constituting the Parliamentary Committee on Constitutional Reforms A motion to constitute a parliamentary committee to undertake what would become the 18th amendment to the constitution was introduced and adopted on 10 April 2009 in the National Assembly and in the Senate on 29 April. Accordingly, I as Speaker constituted the committee.

On 23 June, I formulated a 26Member Parliamentary Committee on Constitutional Reforms after consultations with all parliamentary Leaders. The committee represented all 14 parliamentary parties including the ruling coalition Members from the PPP, Awami National Party (ANP) and Muttahida Qaumi Movement

(MQM), as well as Members from the opposition parties led by the PML-N the Pakistan Muslim League-Quaid-i-Azam (PML-Q), Pakistan Muslim LeagueFunctional (PML-F), Jamiat Ulema e Islam JUI F, PPP (Sherpao), Jamaat e Islami (JI), Jamhori Watan Party (JWP), Pakhtunkhwa Mili Awami Party (PkMAP), National Party (NP), Balochistan National Party-Awami (BNP-A), National Peoples Party (NPP) and one Member from the Federally Administered Tribal Area (FATA).

On 29 June, the committee under the leadership of Sen. Mian Raza Rabbani framed its rules in addition to its Terms of Reference for examining the various provisions of the constitution. It set the following criteria as cardinal principles to draft the historic amendment: • Transparency in the system, • Minimizing individual discretion, • Strengthening Parliament and provincial Assemblies, • Provincial autonomy, • Independence of the judiciary, • Further strengthening of fundamental rights, • The question of merit, • Good governance and • Strengthening of institutions.

Subsequently, the committee asked its Members to submit proposed amendments and also took up certain private Member’s Bills pertaining to the constitution which had been introduced in the Senate. The total number of such amendments was 91. The committee also invited suggestions for amendments from the public through the media and received no less than 982 proposals for amendments.

The committee left no stone unturned to build a consensus on critical issues such as: the balance of authority among the President, Prime Minister and the state institutions; political autonomy; renaming North West Frontier Province (NWFP) to become Khyber Pakhtunkhwa, and the

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judicial commission for making appointments to the judiciary. The committee held 77 meetings, each lasting on average five hours. It took over nine months to develop a consensus draft Bill. Although different parties added separate notes to outline their individual positions, they finally signed the report recommending what would become the 18th constitutional amendment on 31 March 2010.

The amendment was passed unanimously by both Houses of the Parliament. It brought around 100 changes to Pakistan’s constitution.

Parliamentary democracy The amendment transfers greater authority to Parliament and the Prime Minister by: i.

Removing presidential powers to circumvent the normal legislative process and limiting the amount of time the President may consider Bills passed by Parliament before approving them (Article 75); ii. Removing Article 58-2(b) instituted by President Musharraf, which granted the power to unilaterally dismiss Parliament under vague emergency provisions; iii. Reducing the requirement for the Prime Minister to consult with the President to a duty to keep him/her “informed” of policy matters (Article 46); iv. Expanding the scope of fundamental human rights and affirming the right to fair trial and due process, the right to information and the right to education, and v. Providing consultations with the outgoing Prime Minister and Opposition Leader on presidential appointments of caretaker governments to manage the transition to a new government when Parliament is dismissed (Article 224).

Provincial autonomy Tensions between the federal

government and the provinces over the distribution of authority and revenues date back to Pakistan’s inception and have prompted some of its most traumatic upheavals, most prominently the sad 1971 disintegration of East Pakistan.

Many of the country’s leading political parties have long demanded increased autonomy for the provinces. The 18th amendment takes decisive steps toward resolving some of these tensions through the devolution of authority and a strengthened role for the Council on Common Interests, a joint federal-provincial forum, as follows: 1. Elimination of the “Concurrent List” – This list identified subjects in the constitution where both federal and provincial governments could legislate but federal law prevails. The amendment abolished it and devolved to the provinces authority governing marriage, contracts, firearms possession, labour, educational curriculums, environmental pollution, bankruptcy and 40 other diverse areas. Each provincial Assembly becomes responsible for drafting its own laws on these issues. This is hailed as a hallmark achievement to strengthen national cohesion among the federating units. The provinces must now secure effective regulatory authority in these areas by 30 June 2011.

2. Council of Common Interests (CCI) – The CCI becomes a powerful constitutional body comprised of representatives of the centre and provincial governments to decide key matters. The National Economic Council (NEC) was reformed to review the overall economic condition of the country and advise the federal and provincial governments on formulating plans.

3. National Finance Commission agreements – The agreements set the distribution of national revenues between the central

government and the provinces. The amendment stipulates that the centre cannot reduce the provinces’ share beyond that given in the previous agreement (Article 160). This could not be achieved by any government in the last two decades.

4. Identity NWFP – The amendment gives an identity to the former NWFP in renaming the province as Khyber Pakhtunkhwa.

direct role in judicial appointments after the 18th amendment.

This has been achieved by prescribing a two-tier system where first an independent Judicial Commission comprising judges and a member of the Bar Councils will propose nominees and then a special parliamentary committee comprised of government and the opposition Members will confirm them.

Authority of the Prime Minister The amendment limits presidential powers following years of a dictatorial presidency under Gen. (Retd.) Musharraf’s military regime in a number of ways. The Prime Minister was re-established as the Chief Executive of the country through following: 1. The President must consult with the Prime Minister, whose recommendations are binding, on all choices for provincial Governors (Article 101) and military service chiefs (Articles 243 and 260).

2. The Prime Minister and Ministers become the federal government as the position of chief executive of the nation moves from the President to the Prime Minister (Articles 90 and 99).

3. Limits on Prime Ministers serving more than two terms are removed (Article 91). This measure potentially paves the way for Opposition Leader Nawaz Sharif’s return to that office, though he has yet to contest a seat for the National Assembly, instead opting to lead his party from outside Parliament; and 4. Power is transferred to the Prime Minister who is now able to submit matters direct to Parliament for a yes or no vote (Article 48).

A leap towards true parliamentary democracy The 18th Constitutional Amendment Act 2010 is a journey towards democratic empowerment. When President Asif Ali Zardari signed it into law on 19 April 2010, all sections of Pakistani society including political parties, the media, civil society and the people termed it as a triumph of democracy and fundamental rights. It was seen as the revival of federal parliamentary democracy as envisioned by the father of the nation, Quaid-e-Azam Muhammad Ali Jinnah. The President earlier on Pakistan Day, 23 March, conferred the highest civil award, Nishan e Imtiaz, on the Members of the parliamentary committee led by Sen. Raza Rabbani.

It is just the beginning of the constitutional review process and the foundation of the future direction for a strengthened federal system. The consensus reached is an incredible development. Public representatives in Pakistan demonstrated unparalleled wisdom and some extraordinary flexibility for consensus-building throughout this process.

The passage of 18th Constitutional Amendment Bill 2010 reflects the cherished dream of all political leaders, intellectuals, workers and activists to establish a plural welfare federation in Pakistan. We are indeed proud to be a humble part of this achievement which will strengthen Pakistan on the democratic map of the world.

Judiciary composition and appointments The judicial appointment procedures were one of the most contentious parts of the amendment. Unlike military regimes of the past, the President or the executive now have no

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THE MODERN MEMBER OF PARLIAMENT: LEGISLATOR, OMBUDSMAN OR SOCIAL WORKER? The role of Members of Parliament is changing, with more time spent trying to assist constituents with representational issues and less time available as legislators in the House. The Speaker of the Queensland Parliament examines the factors contributing to this phenomenon and questions whether the trend is desirable and/or reversible.

Hon. John Mickel, MP, in Brisbane.

Mr Mickel has been the Speaker of the Legislative Assembly of Queensland since April 2009. An Australian Labor Party Member of the Assembly since 1998, he served in several ministerial portfolios from 2004 to 2009 and chaired a number of committees prior to joining the ministry. He was a senior political advisor prior to entering Parliament.

On 22 May 2010, the Legislative Assembly of the Australian state of Queensland celebrated 150 years since it first met in 1860. The Parliament’s 150th anniversary is a timely opportunity to consider the role of the present-day Member of Parliament, not so much by way of direct comparison with the role of Members of the state’s first Parliament – which came into being in the mid 19th century – but more by considering some of the influences that have shaped what it is to be a Member of the state’s 53rd Parliament in this early part of the 21st century.

The notion of representative democracy is grounded in the proposition of people electing someone to represent them, at the state level in Queenland’s Legislature – the Parliament.

Representative democracy involves Members of Parliament performing the combined role of legislator and representative of the

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peculiar to Queensland and hence some differences are also evident.

Hon. John Mickel, MP

people of their electorate. These are not separate roles; rather, they are fused.

In considering how a Member’s role as legislator has changed, I propose to briefly examine several of the influences that have shaped the role of the contemporary Member of Parliament. Much of what has occurred in Queensland has been experienced in Parliaments elsewhere, though some developments have been

Historical factors The payment of Members of Parliament in 1889 paved the way for Members to be professionals rather than amateurs "doing politics" in a part-time capacity. This coincided with the rise of the party system in the 1890s and meant that the cut and thrust of politics was, to a significant extent, moved from the Floor of Parliament to the party rooms. Parliament was less able to hold the executive to account as the decisions were made outside it, and party discipline meant that the numbers held on the Floor rather than being determined for every division.

The advent of the Ryan government in 1915 coincided with the start of long periods of oneparty rule and, as the Parliament lacked a committee system, this led to a marginalization of the

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institution. The abolition of the Legislative Council in 1922 may have had no significant effect on the government’s direct accountability to the people as the Council was appointed, answerable to no one outside itself.

Rather than hold the government

of the day to account, it engaged in mindless obstructionism.

However, the abolition of the upper House can be seen as significant in that it reinforced the emergence of a dominant executive. It removed what the lower House, the Legislative

Assembly, regarded as an impediment to its role and function, and ushered in an era during which the role of the Parliament as one of three arms of government was relegated in the overall scheme of government, and its primacy remained unasserted.

Above: The exterior of Parliament House in Brisbane, Queensland.

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The wider and enduring significance of the abolition of the Legislative Council was that it removed the capacity for a properfunctioning upper House to strengthen the capacity and overall role of Parliament in holding the executive to account. From 1922 until 1988 the Parliament was a docile institution, dominated and subjugated by the executive. The Australian Labor Party split and a change of government in 1957 had no revitalizing impact on Parliament. For example, the Standing Orders Committee did not meet for 30 years (1950– 1980), so not even the internal procedures were reformed.

The marginalization of Parliament was exacerbated, but not caused by, the zonal electoral system with its varying quotas of voters and associated malapportionment, which produced exaggerated majorities for the government of the day.

The rubber stamp mentality It is necessary to sketch this context to appreciate how in such circumstances Members did not attach much importance at all, let alone paramount importance, to their role as legislators. There is a long history of Parliament being cast in the role of rubber stamp for the executive, if not born out of willing subservience then at least passive acquiescence. Members tended not to conceive their roles beyond what a dominant executive was willing to allow, which was precious little.

Some limited reform occurred in the 1970s with the establishment of the Subordinate Legislation Committee and the Privileges Committee, neither of which though had any real role to play in governmental accountability.

The revitalization of Parliament began in 1987-88 when the Ahern government introduced a Public Accounts Committee and Public Works Committee as all-party standing committees. Controversy and conflict in Liberal ranks in

Aerial view of the Whitsunday Islands, Queensland

1983 over the creation of the former had split their coalition and was followed by the Liberals’ electoral decimation at the 1983 election.

The sustained attempt at parliamentary reform came with recommendations to this effect in the Fitzgerald Report and the election of the Goss government in 1989. Highlights included: •

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Parliamentary Committees to oversee the activities of the two major reform bodies, the Electoral and Administrative Review Commission (EARC) and the Criminal Justice

• • •

•

Commission (CJC); Permanent committees covering various policy areas; Estimates Committees to offer detailed scrutiny of the budget; Reform of Question Time by limiting answers to three minutes, and Allocation of more time for non-government business, for example, time to debate Notices of Motion, adjournment debates and Matters of Public Importance debates.

Despite these initiatives, and also more recent reforms to further

strengthen the committee system, Parliament’s legislative capabilities remain under-developed, and Members in their role as legislators remain under-involved and underutilized. The committees of Parliament are not adequately aligned with the House’s legislative agenda or with the functional structure of the government. The Scrutiny of Legislation Committee, for example, examines legislation only from the relatively narrow perspective of its conformity with legislative principles, whereas the ability for Parliament to have an input into the formative stages of legislation is absent. The

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committee system’s ability to instigate scrutiny of government performance and examine emerging issues for the purpose of supplying an additional perspective to that provided by government departments and agencies remains limited.

Electorate offices, resources and training For the first 113 years of its existence, Members of Parliament did not have an electorate office or constituency office. In August 1973, the Clerk of the Parliament communicated to Members a decision of the then cabinet

approving the eligibility of Members of Parliament for an office in their electorate and to be able to employ a secretary for the office. That decision has had wideranging effects for the Queensland Parliament, not only in terms of resourcing, but also in significantly impacting on the activities by Members.

In the early 1990s each Member’s office was allocated an amount for relief staff and additional casual staff. In 2001, an additional staff member was employed in each electorate office, effectively doubling the resources in those offices. Obviously, the

workload and level of activity in electorate offices has increased, reflecting not only the very substantial growth in the number of constituents within each electorate but also a greater willingness on the part of constituents to access electorate offices for services and support.

The effect of the existence of electorate offices on the role of a Member of Parliament was emphasized to me when I attended the 59th Westminster Seminar on Parliamentary Practice and Procedure in March 2010. The session on the role of the MP in their constituency bought home one of the great issues confronting all Parliamentarians at the present time - it seems across the developed world - the increasing amount of Members’ time that is spent not dealing with issues relating to Parliament or matters relating to the government.

Increasingly MPs are being called on to carry out roles for which they are not trained. There are an increasing number of calls that deal with social-work-type matters and regrettably an increasing number of calls to them are related to the mental health of constituents. The concern for a majority of MPs was how underprepared they are for this role. It may well be that future training of electorate office staff involves more consideration being given to how MPs and electorate office staff interact with people, particularly those who are agitated, in telephone conversations and within the electorate office environment. It may well be, too, that future induction programmes for new Members of Parliament include advice on how to handle constituents who present with mental health issues.

It was noted by Mr Robert Rogers, an officer of the House of Commons Clerk’s Department who had served for 37 years that “the three biggest changes had been the increase in the number of staff working directly for the MPs

from 40 to 2,700, the shift to constituency work for MPs which brought with it a ‘social worker syndrome’ and the fact that fewer MPs saw themselves as legislators or knew a lot about the workings of the House. MPs were therefore less able to avail themselves of the opportunities available to them”.

Too pre-occupied for legislation and scrutiny The observation by Mr Rogers is, in my opinion, very perceptive.

Members have become captured by the operations of their electorate offices and their duties in the Legislative Assembly and committees of the Assembly are running a poor second. The accessibility of Members via their electorate offices means that their time has been consumed by acting as ombudsman or social worker, often trying to solve problems that have no solutions. All electorate offices eventually become the stop of last resort for the frustrated and sometimes the obsessed. The people concerned, whatever their issue, and whatever the merits of their issue, find themselves with nowhere else to go and eventually end up at the local Member’s electorate office. Unfortunately, these constituents are often unable to be satisfied, simply because there is no solution to their issue or they refuse to accept the proffered solution. These constituents consume inordinate amounts of the time of Members, their staff and government agencies with whom they correspond.

The consequential issue highlighted during the session on the constituency role of the MP was that the greater the amount of an MP’s time that is consumed by constituency matters, the less time an MP has to devote to the consideration of legislative issues.

The concern was raised that the quality of legislative and regulatory responses to public policy issues would suffer as a result of insufficient time being given to

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their consideration, including as a result of inadequate processes for in-depth and expert scrutiny and opportunities for community ventilation and consultation.

Two examples of legislation fast-tracked through the British Parliament without what was considered adequate prelegislative scrutiny – the Dangerous Dogs Act 1991 and the Parliamentary Standards Act 2009 – were highlighted. The antiglassing laws recently introduced in Queensland can be seen as legislation which exemplifies a government response to a pressing community issue, the ramifications of which are difficult to gauge when there has not been sufficient opportunity for exhaustive pre-legislative scrutiny.

A further symptom of the increased focus on electorate business is that the debate on Bills is often of a poorer quality as a result of Members wishing to speak about issues affecting their electorates, but who find themselves without sufficient time or allotments in other debates

Members of the Legislative Assembly and Queensland’s population was approximately 2 million. Today, with the state’s population more than doubled and rapidly heading towards 4.5 million, the number of electorates has increased by just seven to 89 Members. In that period, the average number of people per Member has jumped from 25,000 to almost 50,000.

There have been other changes to the demographic profile of electorates, with a substantially greater proportion of electors and their families arriving to take up residence from either other states or overseas. This, too, has contributed to a heavier workload for electorate offices, with new arrivals more likely to need and seek out assistance than longerterm residents of an area.

Community expectations and knowledge The demands on a Member of Parliament’s time arising from electorate duties have grown steadily, and not just as a result of

Work in the Legislative Assembly Chamber is suffering as Members devote more and more time to constituency work.

problem may be, their Member of Parliament is obliged to help them solve it or resolve it.

More and more people are ready to assert their rights, to challenge a decision or to act on a grievance. They are not backward in coming forward and demanding that they be heard. If their local Member is not able to assist them to their satisfaction, the issue could well end up in the local media with the Member presented in a negative light.

“Increasingly, the time of electorate offices and local Members is not taken up by representing the people of their electorate in Parliament, but by representing them to government departments and agencies with whom they have an issue or problem.” (such as adjournment debates), and thus choose a Bill somehow connected to the issue they wish to discuss.

Electorate demographics In the 37 years since electorate offices have been established, the population of Queensland has more than doubled and yet the number of Members has remained relatively static. This has added substantially to the workload of each Member.

When electorate offices were established, there were 82

substantially greater numbers of electors. Increasingly, electors expect and demand greater levels of service, access and attention.

Some of this can be attributed to a more pervasive culture of complaint – a greater willingness on the part of electors to take their problems to the door of their local Member of Parliament. As well, the advent of community consultation and the proliferation of interest groups have contributed to the expectation of electors, both as individuals and as groups, that whatever their particular issue or

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Added to this are the difficulties that arise for constituents in their level of knowledge of the different levels of government and how they interact with each other. In parliamentary democracies both in Australia and abroad, there is quite a poor grasp of the reality that the government is not all-embracing and all powerful, and that government cannot do everything and resolve every issue and problem in which people increasingly expect government to become involved.

The conclusive experience of

Members of Parliament is that there needs to be greater education of the public that government is limited both in scope and capacity, and that the biggest limitation on government is the extent to which the public is prepared to fund the provision of services either through higher taxes, increased levels of debt, or the sale of public assets. While the community engagement activities of the Queensland Parliament – for example, Youth Parliaments, Regional Parliaments and public sector seminars on the parliamentary and legislative processes – are more extensive than those undertaken in some other jurisdictions such as the House of Commons, there still remains an alarming lack of understanding about how government works and is funded, and a pressing need for educating the public about the role and scope of government.

Such a public education programme focusing on the role of Parliament, government and civics issues generally (preferably delivered in school and community settings) would help set more realistic expectations about what governments can achieve within the constraints of limited resources and the complexity of modern society, where a legislative and regulatory response by government may often be demanded by the community but

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may be, on balance, neither advisable nor cost-effective.

Correcting the imbalance between roles The role increasingly being performed by local Members of Parliament is not one of going forth from their electorate to represent people’s interests, needs and concerns as legislators in Parliament – spending time in and around Parliament preparing for debates on legislation, and participating in the work of committees – but instead is one of being drawn away from the Parliament to attend to the work emanating from their electoral office, and largely consisting of representing their constituents to government departments and agencies – in other words, performing a mini-ombudsman role. Increasingly, the time of electorate offices and local Members is not taken up by representing the people of their electorate in Parliament, but by representing them to government departments and agencies with whom they have an issue or problem.

This is not to say that a Member of Parliament’s role does not include providing advice and assistance for constituents or local interest groups who are experiencing a problem or difficulty in relation to a government service.

This, very appropriately, is part and

parcel of a Member’s role. The critical issue is how to balance this aspect of a local Member of Parliament’s role representing their constituents with their role actually in the Parliament representing their constituents.

Political parties and candidates must compete ever more fiercely for the support of electors. While there is nothing wrong and everything to be recommended about making sure Members of Parliament earn the support of those who elect them to office, the advent of “retail politics” means Members seeking re-election must, in order to remain competitive at the customer level, devote greater efforts and energies to satisfying individual electors. This is on top of their obligation to act on behalf of all of their constituents, not just those who voted for them. The time of a Member is not limitless; the amount of effort they are capable of making is not inexhaustible.

There is a point at which the need to remain competitive and match the opposition in the realm of retail politics begins to consume a disproportionate amount of a Member’s time and effort, and thus begins to detract from a Member’s ability to perform their role as a legislator. My great concern is that for too many Members, that point has been well and truly passed.

I believe the two roles which compete for a Member’s finite time

and effort, representing their constituents in Parliament as legislators and representing their constituents outside Parliament, currently are out of balance – tipped too heavily towards the latter. We are all familiar with the need to properly balance the scales of justice when it comes to the role of the judiciary and the courts – the third sphere of government – whose job it is to adjudicate the laws. There is another set of scales which also need to be balanced, and they are the ones that weigh the priority given by Members of Parliament to their role as legislators in Parliament compared with that given other duties and responsibilities.

While the introduction of electorate offices has made Members of Parliament more accessible and responsive to the community, it is equally true that the huge growth in the number of constituents in each electorate, together with a greater preparedness by people to demand attention to their individual issues have combined to consume an increasing proportion of a Member’s available resources.

Against an historical backdrop where Parliament has been relegated by the executive, and only in relatively recent times has begun to function more as a Parliament should, these and other factors have resulted in Members

being distracted and diverted from their primary function as legislators.

The task of addressing this situation begins with acknowledging that it is to the community’s detriment if Members are not sufficiently involved in doing their jobs as legislators, and recognizing that this is the reality for a majority of Members of the Queensland Legislative Assembly.

The way Members participate in debates on legislation is one obvious area where improvement is needed.

Further reforms to Parliament’s committee system to provide greater opportunity for Members to engage as legislators with the issues of the day – with an initial opportunity for these arising out of the review of committees currently underway – together with training for Members and electorate office staff in the efficient handling of constituent enquiries and requests, and other measures will be of benefit.

The biggest potential for change, however, lies with Members themselves and how they individually conceive their role.

The biggest change will happen when Members decide to more actively and assiduously embrace their role in Parliament, so that they become active and engaged legislators whose efforts and expertise contribute to better laws on behalf of their constituents and the state as a whole.

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FOI CASE STUDY: SELANGOR

FREEDOM OF INFORMATION IN SELANGOR: BUILDING BETTER GOVERNANCE The Selangor state government is the first Malaysian government to introduce Freedom of Information (FOI) legislation. While the legislation is a major advance, the state’s Chief Minister acknowledges that it is only the first step toward giving citizens the information they need to monitor and assess their own governance.

Hon. Tan Sri Dato’ Seri Abdul Khalid bin Ibrahim, MLA, in Shah Alam.

Dato’ Khalid is the Chief Minister of Selangor and the current TreasurerGeneral of his Party, Parti Keadilan Rakyat (PKR, People’s Justice Party) in Malaysia.

Background The political coalition Pakatan Rakyat consists of three parties: the People’s Justice Party, the Democratic Action Party, and the Pan-Malaysian Islamic Party. This coalition took over Selangor, the most lucrative and urban state in the country, in the last General Elections in March 2008. This was the first time a coalition other than the Barisan Nasional had helmed the Selangor state government since the country’s independence in 1957. Apart from Selangor, the coalition also now governs in three other states in Malaysia, where altogether the four states contribute more than half of the country’s Gross Domestic Product (GDP). At the national Parliament level, it was also the first time the Barisan Nasional was denied a

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two-third majority. Riding on the theme of change and reform, Pakatan Rakyat won the confidence of its voters and was now tasked with the responsibility to introduce administrative reforms within its respective state governments.

A common thread links all reform measures the Pakatan Rakyat has introduced over the last two and a half years in Selangor, and it is that of promoting transparency, accountability and good governance. These have become benchmarks of any modern democracy around the world, expected measures that citizens rightly demand in order to keep their governments and corporations in a healthy system of check and balance. Whilst this is true, the unfortunate reality in

Hon. Tan Sri Dato’ Seri Abdul Khalid bin Ibrahim, MLA. Malaysia is that the country is still plagued by an archaic set of laws that are long outdated, stultifying the precise atmosphere of free and transparent information that a democracy calls for.

For example, such questionable laws such as the Official Secrets Act (OSA), the Sedition Act, the

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FOI CASE STUDY: SELANGOR

Printing Presses and Publications Act, the Internal Security Act and restrictive media regulations on

concession agreements signed between governments and private corporations. Malaysia

ought not to have been classified in the first place, as its contents impact upon the public as

The arrival of the Sultan of Selangor at the 3rd Session of the 12th State Assembly.

online media are still in existence and applied in the country. These stringent regulations have prevented a free media that is able to report independently for fear of not obtaining renewed publication licenses as publications are required to submit annual applications. It has also created a situation in which governments are empowered by the OSA to restrict any piece of information as an “official secret”, deemed as threatening to national security should it be made publicly known.

This environment of having government finances, programmes and activities shrouded in secrecy is the best breeding ground for corruption, mismanagement, wastage and abuse.

A perfect example of the inherent weaknesses in keeping things undisclosed is that of

experienced a wave of privatization in the 1980s, where concessions were given to companies for an array of services.

One such concession agreement was signed between the Federal Government, Selangor state government and a water distribution company, the contents of which the Malaysian Trade Union Congress appealed at court to be publicly disclosed in order that questionable water tariff increase rates would be made known to all.

Although the Selangor state government stated its position that it had no objections to the concession agreement being released, the Federal Government maintained that the agreement and its contents were classified under the OSA and should therefore not be released. Such an agreement

consumers and water users directly.

Information society We live in an era of open information, where society at the click of a mouse can access massive amounts of data on the Internet. Social media networking means that information is passed on from person to person at amazing speeds. A government’s role is to therefore facilitate similar information provision with the objective of ensuring our representatives discharge duties based on the principles of, as aforementioned, transparency, accountability and good governance.

On this note, our State Legislative Assembly initiated a Select Committee on Competency, Accountability and Transparency

which has to date held several public hearings on cases of public interest, inviting the media to freely report on its proceedings, the first practice of its kind in Malaysia. An example of public hearings is one conducted on the expenditure of state assemblypersons that were purported to have been excessive in nature and not fully accounted for.

Even prior to introducing the FOI legislation, the state government made bold moves to declassify information originally held as officially secret. As a Chief Minister of the state, I am empowered under Section 2A of the OSA to perform such declassifications, which I have duly done on numerous matters that I felt would benefit the people. It goes without saying that such information was ultimately not detrimental to national interest and on the converse, it was important that they should access it. The Selangor government also called for the declassification of important information such as a landslide report affecting numerous households.

This year, the most noteworthy of all the measures to strengthening good governance is the introduction of the FOI Enactment. These steps collectively surely demonstrate the seriousness of the state government in putting into action our commitment towards reform.

The enactment has completed its first and second readings within the State Legislative Assembly in July 2010.

A Select Committee on FOI was set up comprising members of the State Assembly, tasked with conducting public consultation sessions with non-governmental organisations, public servants and other public stakeholders. The purpose of these consultations is to obtain feedback, comments and suggestions from as wide a spectrum of society as possible in enhancing the current FOI draft.

This process is also considered important as it allows the implementing officers to become

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FOI CASE STUDY: SELANGOR

acclimatized to the nature of such a policy, its intention and expected outcomes. The third and final reading of the Enactment is expected to take place in the first State Assembly sitting of 2011, thereby passing the first FOI legislation in Malaysia. The final Bill will therefore be a product of the Executive, the Legislative, and the people of Selangor.

Given the backdrop of restrictive laws within Malaysia, the Selangor state government believes the FOI Enactment comes as a breath of fresh air; indeed, sunlight is the best disinfectant.

To date, more than 70 countries around the world including China, India and Thailand have implemented some form of FOI legislation as a means to promote transparency and curb corruption, with Malaysia remaining as one of the last countries to take steps towards introducing a FOI Act at the national level.

The FOI legislation in Selangor basically sets rules on access to information or records held by state government bodies. Because of the heavily centralized system of government in Malaysia, state governments are constrained to only a limited area of jurisdiction.

Here, the laws would define a legal process by which only state government information is required to be available to the public.

This also means we do not have control over information that is classified as OSA by the Federal Government, nor that which is controlled by Federal Government official bodies. It is interesting to note that the Barisan Nasional state legislative assemblymen were opposed to the FOI legislation on the grounds that it goes against the Federal constitution.

Selangor’s FOI Enactment acts to “enhance disclosure of information for the public interest, to provide to every individual an opportunity to access to information made by every department of the State

Government.” It serves to enhance, enable and facilitate access to information held by the State.

The current draft contains details such as a provision for each government department to have an Information Officer who serves as an intermediary between the department and the public, with a reasonable fee accompanying a

government’s belief that the people are the true owners of any information, and that governments are merely stewards of the resources on behalf of its citizens.

Secondly, knowledge is power. In the 12th General Elections which saw the Pakatan Rakyat coming into power, the Internet was a powerful tool for people to

Empowered with information, people can therefore validly place their trust in the government and its corresponding elected representatives as policymakers; failing which they are equally equipped with the ability to exercise their opinions through the ballot box.

The government’s role, via

The Sultan addresses the 3rd Session of the 12th state Assembly.

public request for information.

Details of the draft will be subject to amendments after the series of public consultations is concluded, but we hope the final product will comply to international best practices of FOI legislation criteria, such as that of maximum disclosure as a principle, whistleblower protection, narrow exemptions, routine publication, low costs and simple procedures, and an independent administrative oversight body. These components would form the most ideal FOI legislation and we hope to be able to push these through during its final reading into law.

The ethos behind the FOI enactment is the state

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disseminate ideas and information.

With this knowledge in hand, it allows people to weigh and determine for themselves the success – or failure – of any particular governing body. Such an open society is deemed as threatening to any authoritarian regime, but a government that is confident about its governing practices would surely have nothing to hide. The Pakatan Rakyat’s inception and development were premised on the principle of participatory democracy, and likewise its administration is reflective of the same. People are essentially a core part of the very system of “governance” itself.

those who were elected, is to make numerous important decisions on the resources of the state, both financial and otherwise, to be distributed. This includes the taxes that people contribute to the coffers of local and state governments. Access to information is the best way in which people can keep a government accountable to its responsibilities in ensuring taxpayers’ money are spent with wisdom and care.

Other measures Apart from the FOI legislation that the Selangor government has introduced, we have also taken proactive steps to provide for a

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“The fact that it is the first of its kind introduced in the whole of Malaysia is a milestone indeed. Nevertheless, it is only the first step since to make sure it works effectively, we must also strive to ensure that sufficient protection is provided for whistleblowers.“ more open environment to access information.

For example, mainstream media bodies in Malaysia are closely linked with the ruling coalition (Barisan Nasional) political parties, which renders them unable to report freely on activities and policies of the Pakatan Rakyat state government.

Selangor has therefore set up its own channels of communication, such as TV Selangor, a web TV portal that provides live streaming of the State Legislative Assembly sessions and SELCAT hearings. Selangor also has a weekly newspaper, Selangorkini, to provide meaningful information regarding the state’s policies, programmes and issues that affect public interest, also accessible online. These are additions to the official state website that already contains wideranging information about the state government’s activities.

Malaysia as a nation is experiencing a critical crossroads.

The recent United Nations Conference on Trade and Development (UNCTAD) 2010 report showed that Malaysia suffered a decrease in its Foreign Direct Investment (FDI) of about 81 per cent, falling from US$7.381 billion to US$1.81 billion. This was due to a number of factors, all of which cannot be fully elaborated upon here. However, it is true that one of the indicators of international investor confidence is that of corruption perception.

The Transparency International Corruption Perception Index 2009

showed Malaysia at a position of 56 of a total of 180 countries, a severe drop of almost ten places from the previous year at 47th position. Our 2010 position shows no shift but the scores have decreased further from 4.5 to 4.4.

The recent Transparency International Malaysia press statement in this regard called for freedom of information as one of the means in tackling this steady downward spiral.

Despite efforts by the new Prime Minister’s administration and leadership to combat corruption and boost the Malaysian economy, these will come to nought if simultaneous reform measures are put into place that open up society.

Independence of the judiciary, free and open media, and access to information are key to moving the country up the value chain of economic and democratic progress.

The Freedom of Information Enactment is something that we at the Selangor state government are truly proud of. The fact that it is the first of its kind introduced in the whole of Malaysia is a milestone indeed. Nevertheless, it is only the first step since to make sure it works effectively, we must also strive to ensure that sufficient protection is provided for whistleblowers.

Public officers who will be the ones operationalizing the provision of information in the form of documents will have to be trained to carry out their duties responsibly.

Public education should also be conducted to encourage people to

Brief history of the Selangor Legislative Assembly The Selangor Legislative Assembly was established under the Constitution of Selangor, 1959. At present, there are 56 elected Members and three ex-officio Members.

From 1959 to March 2008, the Legislative Assembly had been controlled by the National Front, a coalition (formerly known as the Alliance). In March 2008, the People’s Alliance (Pakatan Rakyat) comprised of the People’s Justice Party, Democratic Action Party and Pan-Malaysia Islamic Party defeated the National Front and now controls the Legislative Assembly for the first time.

A series of legislative reforms have since been carried out by the new Legislature, inter alia: I. Live broadcasting of Legislative Assembly sittings via internet webcast; II. Increasing days of sitting from an average of six days a year to 20 days a year; III. Setting up a Special Select Committee for Competency, Accountability and Transparency (SELCAT) to conduct public hearings telecast live via internet webcast; IV. Changing the practice of the House by appointing an opposition Member to chair the Public Accounts Committee; V. Setting up three additional Select Committees to enhance scrutiny of the government, and VI. In the process of enacting a new law to establish a service commission of the Legislature in order to make the management and administration of the House independent of the executive in line with the doctrine of separation of powers.

The Speaker of the House is Hon. Teng Chang Khim, MLA, and the Deputy Speaker is Hon. Haniza bt Talha, MLA.

exercise their rights to access information.

Having the law in place is one thing, but it is quite another to teach the public precisely how they can maximize and optimize the usage of the law for their communities’ benefit. I have faith that through continuous, open, honest and responsible exchange of information, this will help us as a state government to provide a better and high-quality level of governance.

To conclude, we must know that

information actually belongs not to the government but to the people as a whole. Hence, for genuine reform to take place, governments must implement policies to ensure the public is free to access information to keep us accountable. Ultimately, the building blocks of democracy begin here: to free society from shrouded secrets, and to open access to the very information that keeps government responsible in its policies and implementation, for the benefit of all.

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FOI CASE STUDY: ZAMBIA

FREEDOM OF INFORMATION: THE ZAMBIAN CASE Zambia has been considering Freedom of Information for a decade so it is time to give people access to the data they need to fully understand government policies and performance and to see – and if necessary correct – information held about them, says the Chairperson of the National Assembly committee responsible for this area.

Hon. Mwansa Kapeya, MP, in Lusaka.

Mr Kapeya has been a Member of the Zambian National Assembly since 2006. A Member of the opposition Patriotic Front, the second largest party in the Assembly, he was a journalist prior to entering Parliament.

He chairs the Assembly’s Information and Broadcasting Services Committee.

Hon. Mwansa Kapeya, MP

Freedom of Information (FoI) not only implies that public bodies respond to requests for information but that they also publish and widely disseminate documents of significant public interest. The public bodies should have an obligation to disclose information and every member of the public should have the right to receive this information.

A public body refers to all branches and levels of government, elected bodies, public corporations, non-governmental organizations, judicial bodies and private bodies that carry out public functions.

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The imperatives of Freedom of Information (FOI) Access to information as espoused by pieces of legislation on freedom of information has been hailed as one of the hallmarks of true democracy. This is because democracy as "the government of the people by the people and for the people" promotes the principle that the ruled must have information which will not only help them make informed decisions especially in selecting their leaders but also in holding their leaders

accountable for the way they govern. Therefore, access to information in a democracy is a necessity rather than a luxury. Any country which fails to open up to public scrutiny will fail the test of public accountability. Public accountability will not come about in an atmosphere of secrecy. It will not come about in an environment where the bulk of public information is held under the veil of secrecy. This is what FOI seeks to address. It lights up the "dark corners" of public offices where

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FOI CASE STUDY: ZAMBIA

vices are likely to occur.

In a nutshell, FOI legislation aids in the fight against corruption, enables public officials to benefit from public inputs which would facilitate their decision-making and makes public officials ensure that they use public resources prudently.

Previous attempts to enact FOI Article 20 (1) of the constitution provides in a roundabout way for FOI as it states “Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions

without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.”

However, at the moment Zambia does not have FOI legislation. The country has since 2002 taken steps to address this need. In that year, the Zambian government presented an FOI Bill, in Parliament. The Bill provided for the establishment of the public information commission and

defined its functions. It also provided for the right to access information and set the scope of public information to be made available to the public in order to facilitate more effective participation in the good governance of Zambia. The Bill also made provision for a citizen to seek redress if his or her request for information was denied. An individual could take the matter to the Human Rights Commission or Courts of Law to challenge a public institution's refusal to provide him with information. The time frame for response to the request was placed at 14 days which was even shorter than the 21 days that was

Above: Zambezi River thunders over Victoria Falls.

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FOI CASE STUDY: ZAMBIA

An elephant bathing in the Zambezi River.

internationally recognized as the timeframe for information to be provided.

The FOI Bill also provided for the establishment of a Public Information Commission which would be appointed by an Appointments Committee and later ratified by the President. The Commission would report annually

to the President who would be vested with the authority to remove any member from the Commission if he so wished.

The Bill was debated thoroughly during its Second Reading stage. As was the practice back then, the Bill was not referred to a portfolio committee for further scrutiny. Hence, the views of the

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Members on the Bill were heard during the Second Reading stage.

In giving background information on the Bill, the then Minister of Information and Broadcasting stated that the government strongly believed that FOI and of expression were vital for the proper function of democratic governance. He also expressed

the view that in a number of circles, the right to FOI was not absolute.

He added that both international human rights law and domestic law circumscribed to this right by restrictions, taking into account overriding interests such as personal privacy, defence, public safety and public morality.

Generally, the Members hailed

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the Bill as a landmark in the advancement of good, transparent and accountable governance. They agreed with the objectives of the Bill, among which was stated "to provide for the right of access to information."

However, in debating the Bill, some of the Members felt that there were some clauses which needed to be amended. Members were concerned that the proposed legislation stated that a person who requested for information had to state why they wanted that information.

Other concerns were that the Bill vested the republican President with the final authority to appoint the Public Information Commission. Further, the Members pointed out that the Bill also stated that the Commission would submit its annual reports to the republican President when in actual fact the most appropriate institution to which to submit the reports would be Parliament, which is an oversight institution. The majority of the Members agreed that it was not easy for journalists or members of the public to have access to information or to impart information without interference.

Although the Bill was presented in Parliament by the government, the opposition Members of Parliament claimed that the initial Bill had been conceptualised and formulated by Backbenchers. The Backbenchers argued that 90 per cent of what had been in their original Bill had been maintained.

However, the Executive claimed that they had already produced a FOI Bill even before the opposition Members did so.

After the Second Reading stage, the Bill was referred to the committee stage. However, before the Bill could be discussed at this stage, it was deferred. The government attributed the withdrawal to the numerous amendments proposed by the opposition Members of Parliament.

Government also realized that the Bill required further consultations

particularly on matters relating to security and there were fears that if the Bill was passed, the security of the country was going to be compromised. Since then, the Bill has been awaiting re-introduction in the National Assembly of Zambia.

The need for a FOI Bill There have been a number of indications that the Bill will be reintroduced in the Zambian Parliament in the near future, judging from pronouncements from government as well as the inclusion of the right of access to information in the discussions on the review of the constitution being currently undertaken. A piece of legislation on FOI is a necessity for Zambia as it can help citizens to ensure that programmes designed to bring about development are well conceived and effective. It can open up and make available information that in some government departments is classified either as "secret," "confidential" and otherwise, when in actual fact the public needs such information for them to participate in national governance and development. Currently, people face problems in accessing information because they don't know where it is held and only depend on the media to get it out in the public domain.

Challenges in accessing information It can rightly be stated that the issue is not that information is not available but that there is no systematic way of releasing it.

Within government there are very few categories of officers who are authorised to release or give out information. For example, in government departments, only Ministers and Permanent Secretaries can give information to journalists or the public. The release of information to the press or to the public by government officials lies with their discretion.

Journalists, therefore, are not able

to have access to information freely, they have to beg or develop special relationships with government officials in order to have access to information.

The bureaucracy involved in accessing government information creates a perception among journalists, academics, business entrepreneurs and others that the government is closed. Consequently, a lot of classified documents with important information remain unutilized.

The legal framework also makes it difficult for people to access information on matters that concern them because of blanket restrictions as to what constitutes information which could be a threat to national security. There is need to define what constitutes confidential information, particularly what borders on national security, instead of blanketing every piece of information as such.

Is there need for reforms for FOI to work?

At the moment, capacity to process and handle information requests that may arise once the freedom of information law is passed does not exist in many government ministries and departments. This could be attributed to the culture of long-established secrecy in the government and the lack of qualified communications personnel. However, this capacity is not difficult to develop because Zambia has a number of qualified personnel in media and communications. If there would be any need for training, this would probably be short term training.

Some departments already have information wings and so what will be required is the creation of a system to process the information.

Furthermore, there is need for reform in registries, archiving system and in public service structures so that officers to handle requests for information could be identified in the different government departments and

various institutions. There is also a need for reforms in the way information is kept and managed in the civil service and other public institutions if information is to be retrieved easily.

The issue of costs in institutional reform The issue of costs which is usually associated with reforms has not been used as a reason for not proceeding with freedom of information legislation in Zambia.

After the withdrawal of the Bill, the government embarked on training and consultations. Selected officers in the Ministry of Information and media practitioners have been trained in preparation for the implementation of the Freedom of Information Bill once it is passed in Parliament.

There is need to sensitize the public that legislation on FOI is not only for journalists but for all Zambians. Citizens also need to know that if any institution holds wrong information about them, they have the right to demand documents and have them amended. Sensitization should also extend to government officials to help them appreciate that the major consumers of public information are Zambians. In actual fact public bodies collect and store information on behalf of the citizens and yet it is hard for citizens, the very people they collect information from, to access this same information.

It is my hope that as part of the constitutional review process currently being undertaken in the country, the right of access to information will become enshrined in the constitution and provide the legal framework to enact the FOI Bill.

Thus, the government should urgently put in place the requisite arrangements to reintroduce the FOI Bill in Parliament and that this Bill will be passed to enhance the protection of people’s rights and promote their participation in the country’s development.

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NEW WORLD ECONOMIC ORDER

INDIA, THE COMMONWEALTH AND THE EMERGING NEW WORLD ECONOMIC ORDER As most Commonwealth nations struggle to recover from the global financial crisis, India’s economy continues to thrive. The Speaker of India’s lower House, the Lok Sabha, explains how Indian growth has remained on course to provide an example other Commonwealth countries can follow.

Hon. Meira Kumar, MP, in New Delhi.

Smt. Kumar has been the Speaker of the Lok Sabha of India since 2009 and is the first woman to preside over India’s lower House. A former member of the Indian Foreign Service, she was first elected to the Lok Sabha in 1984 for the Indian National Congress Party. She was a cabinet Minister from 2004 until she became Speaker.

held in Trinidad and Tobago in November 2009 took up the issue of the global economic crisis.

Hon. Meira Kumar, MP.

The Commonwealth has always been prompt in responding to and addressing any emergent issue affecting the world. In the wake of the recent global financial crisis, one of the major challenges facing many countries of the Commonwealth is how to perceive and address the issues relating to the emerging new world economic order.

The Commonwealth Heads of Government Meeting (CHOGM)

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An historical perspective on the New International Economic Order The term “New International Economic Order” (NIEO) broadly refers to a set of proposals put forward during the 1970s by developing countries through the United Nations Conference on Trade and Development to promote their interests by such measure as improving their terms of trade, development assistance and tariff reductions.

The basic objective of the NIEO was to achieve structural reform of the international economic system in favour of developing countries, replacing the Bretton Woods system which had been biased in favour of the developed countries.

In this context, the Willy Brandt Commission report on North-

South was a landmark initiative.

One of the agenda items for discussions between the developed and developing countries also known as the "North-South Dialogue" for several years was on restructuring of the International economy with a view to benefiting developing countries.

India has been in the forefront in espousing the cause for a New International Economic Order based on a just, fair and equitable global economic regime.

However, no substantial breakthrough was achieved in spite of developing countries voicing concern over the imbalances in the global economic order.

Globalization and economic transformation Over the last two decades or so, the economic transformation being witnessed in different countries across the world, primarily as a

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result of globalization, has both short as well as long term implications for each country, including India. Now, countries have been striving to take various measures to stimulate their own domestic economies.

At the same time, there is also an increasing eagerness on the part of each country to understand the developmental process pursued by various countries as it allows for better comprehension of its strengths and weaknesses. In the process of globalization, the developing countries face competition not only from developed ones, but also from amongst themselves.

An understanding of the developmental process is also needed as all major economic activities common to various parts of the world impact overall human development in a shared environment. This entails equitable sharing of natural resources.

Some critics are of the view that globalization is a strategy of the developed countries to expand their markets in other countries and the market-driven globalization has widened the gap between the developing and the developed countries.

One of the important long-term implications being witnessed is that happenings in India, or any other country, are being influenced by events happening miles away.

To this effect, several regional and global economic groupings such as the South Asian Association for Regional Cooperation (SAARC), European Union, Association of South-East Asian Nations (ASEAN), G-8, G20, BRIC (Brazil, Russia, India and China), IBSA (India, Brazil and South Africa) and others have come into existence in order to tackle the emerging economic issues effectively and in a coordinated way.

Recent global economic crisis and its impact The recent global economic crisis began when the sub-prime mortgage market in the United States spread like wildfire engulfing the entire global financial system. The fall of the Lehman Brothers bank in September 2008 was the proverbial last straw, making the crisis truly global in terms of outreach, impact and severity for both advanced and developing countries. It created a crisis of confidence that led to the seizure of the interbank market and had a trickle-down effect on trade financing in the emerging economies.

Together with slackening global demand and declining commodity prices, it led to fall in exports, thereby transmitting financial sector crisis to the real economy as well. Countries across the continents have been affected by the crisis differently and in varying

India’s economy has shown great resilience due, in part, to its agricultural industries and its large domestic market. degrees. Advanced economies as a group have been more severely affected with 3.2 per cent negative growth for 2009. All rich countries, with the exception of Australia which is a prominent member of the Commonwealth, experienced decline.

The global crisis is having serious implications for the small states of the Commonwealth (with 32 of 54 members being classified as small states) witnessing decline in commodity prices, exports, remittances, tourism revenues, foreign direct investment and capital flows.

These problems have resulted in shrinking fiscal revenues, increased demand for social safety nets and increasing levels of unemployment. Although the world

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appears to be on an economic recovery path, there is still cause for concern and apprehension.

There is an increasing concern over financial contagion and widening euro zone debt crisis primarily affecting Greece and spreading to Portugal and Spain.

The Commonwealth has been taking up the cause of global financial issues in a wider perspective. The CHOGM Communiqué inter alia includes the extent of the impact of the recent financial crisis across Commonwealth countries especially in achieving the Millennium Development Goals in the developing countries.

Supporting the G-20’s call for advice on promoting development and poverty reduction as part of the rebalancing of global growth, CHOGM emphasized the importance of adopting a holistic and comprehensive approach to the global economic recovery process. It also supported the commitment to avoid protectionism, and to strengthen financial supervision and regulation.

generated through the National Rural Employment Guarantee Scheme, agriculture loan waivers, building up of rural infrastructure under the Bharat Nirman programme, and others. Together with the fact that it is largely domestic demand driven (merchandise exports account for 15 per cent of the gross domestic product), the Indian economy has exhibited considerable flexibility and resilience in the face of the crisis.

Position in India The crisis affected more severely the countries that have generally followed an export-led model of growth. The impact on Indian economy was less severe because of less dependence of the economy on export markets and the fact that a sizeable contribution to GDP is from domestic sources.

The Indian economy was initially affected by a reversal of capital flows, rupee depreciation and stock market decline.

Thereafter, especially after the collapse of Lehman Brothers, the real sector was affected through a fall in exports and general risk aversion.

The decline, however, was partly offset by the resilience of India’s rural economy due to improvement in the agricultural terms of trade because of higher support prices for agricultural produce, income

1. Fiscal policy measures –fiscal stimulus and consolidation: Recognizing the depth and extraordinary impact of the global crisis, the Government relaxed the targets enshrined in the Fiscal Responsibility and Budget Management (FRBM) Act 2003 and launched fiscal stimulus packages in the second half of 2008-09 in order to arrest the decline in the growth of the economy.

The net result was an increase in fiscal deficit from 2.7 per cent in 2007-08 to 6.2 per cent of GDP in 2008-09.

These fiscal stimulus packages included additional public spending, particularly capital expenditure, government guaranteed funds for infrastructure spending, cuts in indirect taxes, expanded guarantee cover for credit to micro and small

Initiatives for mitigating the crisis It is quite natural that in a globalized world, where countries are interdependent, crisis of such magnitude leaves some impact on the economy of every country including India. India has adopted a multi-pronged approach in the response to the global financial crisis.

Some of the important policy measures initiated by the government of India proved to be effective in addressing the adverse impact of global economic crisis on Indian economy.

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enterprises, and additional support to exporters. The stimulus packages came on top of an already announced expanded safety-net for rural poor, a farm loan waiver package and salary increases for government employees on account of Sixth Pay Commission recommendations. All these helped in stimulating the demand in the economy.

2. Monetary policy measures: The Reserve Bank of India took a number of monetary easing and liquidity enhancing measures including reduction in Cash Reserve Ratio (CRR), Statutory Liquidity Ratio (SLR) and key policy rates. The objective was to facilitate the flow of funds from the financial system to meet the needs of productive sectors.

3. External sector: Yet other measures initiated following the global economic downturn, were aimed at easing the pressure on trade financing, such as hike in the all-in-cost ceiling for raising trade credit, enhancement of limit on overseas borrowings by banks, extending the line of credit as well

as swap facility to the EXIM Bank.

Certain measures related to Export Sector were also initiated, which include: (i) interest subvention of 2 per cent for pre-shipment and post-shipment credit, (ii) an additional allocation for export incentive schemes of Rs. 3.5 billion; (iii) government back-up guarantee for Export Credit Guarantee Corporation (ECGC), (iv) duty drawback benefits on certain items and (v) A Committee of Secretaries was constituted to address procedural problems faced by exporters and to speed up various clearances.

With a view to boosting the capital flows during 2008-09, the External Commercial Borrowing (ECB) Policy was relaxed by broadening the definition of the infrastructure sector for the purpose of accessing ECB, increasing the ECB limits for infrastructure sector, removing restrictions on rupee expenditure for permissible end-use and dispensing with the all–in-cost interest rate ceilings for ECBs under the approval route.

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NEW WORLD ECONOMIC ORDER

levels. The London Summit held in April 2009 adopted the “The Global Plan for Reform” pledging following Reforms: • • • •

•

A number of new international economic groupings are making their presence felt in the global market.

Efforts at various international fora Apart from the measures taken to restore and revive the domestic economy, India continued to engage actively at various international fora like the G-20.

The Leaders of the G-20 countries (including India) have collectively committed themselves to take decisive, coordinated and comprehensive action to revive growth, restore stability of the financial system, restart the impaired credit markets and rebuild confidence in financial markets and institutions.

In the wake of the recent global financial crisis, the G-20 has become an important international forum. India has been pro-active in participating in the deliberations of G-20 which has been taking up the cause of global stability, policy coordination and growth at global

Restoring growth and jobs; Strengthening financial supervision and regulation; Strengthening our global financial institutions; Resisting protectionism and promoting global trade and investment; and Ensuring a fair and sustainable recovery for all.

The Summit of the G-20 adopted a set of policies, regulations and reforms to meet the needs of the global economy of the 21st century at Pittsburgh in September 2009. Participating at the Toronto G-20 Summit in June 2010 Prime Minister Dr Manmohan Singh expressed the views that “growth in developing countries would be greatly helped if threats of new protectionist measures in industrialized countries are firmly resisted and existing barriers to trade, especially those affecting developing countries, are reduced. In this context, a successful completion of the Doha Development Round is imperative”.

Overall outcome and recent developments In the context of India, policy measures initiated during the crisis and also the effective role played by the banking sector in the economy helped in minimizing the adverse effect of international financial crisis on India’s growth momentum and its economy.

Despite the moderation in growth, India continues to be one of the fastest growing economies in the world, demonstrating the strength of its inherent growth impulses and strong macro-economic fundamentals which the country has built up over several years.

After growing at an unprecedented average of 9 per cent per year for four consecutive years (2004-05

to 2007-08), the Indian economy recorded a growth of 6.7 per cent in 2008-09 at the height of global meltdown and then increased to 7.4 per cent in 2009-10.

According to the Economic Survey 2009-2010 brought out by our government, the Indian economy is on a strong course of recovery. It says: “Over the span of the year, the economy posted a remarkable recovery not only in terms of overall growth figures but, more importantly, in terms of certain fundamentals, which justify optimism for the Indian economy in the medium to long term.

According to projections, Indian economy is well poised to grow at 8.5 per cent plus, in the current financial year 2010-11, which is one of the best performances in the world”. As per IMF, World Economic Outlook (July, 2010), India is expected to grow at 9.4 per cent in 2010 as compared to world economy growth of 4.6 per cent.

Resilience of India’s banking system One of the key factors of success is the resilience of Indian banking system. During the global meltdown, many banks in USA and Europe suffered a breakdown but Indian Banking structure emerged almost unscathed. In yet another important step, the government on 15 July 2010, has approved a distinct and identifiable symbol (an amalgam of the Devanagari “Ra” and the Roman capital “R” without the stem) for India rupees like other major currencies such as the U.S. dollar, British pound sterling, the Japanese yen and the European Union euro.

The decision was taken keeping in view the fact that the Indian economy has been expanding at a sustained high rate of growth and, is steadily integrating with the global economy.

The Indian economy has shown significant growth rate in recent

times, but there are some concerns especially about the rate of the food inflation and India’s rank in terms of Human Development Index (HDI). Our government has been paying a lot of attention in this regard. In this context, our Eleventh Five Year Plan for the period 2007-2012 has been formulated to achieve inclusive growth meaning a pattern of growth which will bring tangible benefits to the weaker sections, the Scheduled Castes and Scheduled Tribes, minorities and other deprived sections of the society.

Sharing success India is a vast country and is widely acknowledged as an emerging economy. The economic fundamentals of India are resilient and strong enough to absorb economic meltdown, if any, from the new economic world order.

With an effective fiscal and monetary stimulus, India would be able to contain satisfactorily the effect of the global crisis on its economy.

The Reserve Bank of India has adopted a conceptually sound approach and implemented various monetary measures in the best possible manner. With all these measures no doubt, the Indian economy is on strong recovery.

It would not be out of place to commend the bold policies initiated by Prime Minister Dr Manmohan Singh, who is also an eminent economist. Under his able leadership, Indian economy today has emerged as a force to reckon with in the emerging world economic order.

All our endeavours are now directed towards achieving a faster and inclusive growth. India will be happy to share its experience with member states of the Commonwealth. In this context, the role of Members of Parliaments across the Commonwealth in addressing the current economic challenges assumes particular significance.

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EXECUTIVE PRESIDENCY, GOOD GOVERNANCE AND FINANCIAL REFORM IN SRI LANKA A former Minister and now senior opposition Member of Parliament outlines a reform agenda to improve democratic governance as Sri Lanka recovers from decades of war and terrorism.

Hon. Wijeyadasa Rajapakshe, MP in Colombo.

Mr Rajapakshe, a President’s Counsel (lawyer), is an opposition United National Party (UNP) Member of the Parliament of Sri Lanka.

Formerly a Sri Lanka Freedom Party MP, he resigned as a Minister in 2006 and fought the 2010 parliamentary election for the UNP.

Hon. Wijeyadasa Rajapakshe, MP. Sri Lanka has experienced a gruesome and horrendous war for a period of three decades, at a cost of over 80,000 lives and leaving several thousand disabled people, countless widows and children who have lost their parents.

Terrorism was eliminated in May 2009 and the constant threat to life was ended.

Six years after the adoption of

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the 1972 Republican Constitution, Emergency Rules were adopted and have prevailed for 32 years. In reality, I content that these rules provide a humane façade to justify military law.

Throughout history, there are examples of rulers who have exceeded the scope and dimension of laws and regulations, abusing them for political expediency. These abuses cause setbacks in every aspect of nationbuilding, including: the economy, development, maintenance of law and order, culture, social practices and much more. Well ingrained principles, norms and best conventional practices in democratic forms of government are gradually diminished and the sovereignty of the people is reduced.

Since 1970, all major decisions taken in Sri Lanka by both of the

two major political parties or allianceshave been dominated by plans either to retain power or to gain it. Even minimum standards of good governance have not been visible in our political firmament.

One much-debated and criticized factor has been the virtually unlimited powers that are vested in the executive presidency.

From 1994 to the present day, former and incumbent Presidents gained power promising their unflagging and relentless determination to abolish the executive presidency which is considered by some to be the most power-concentrated office in the world and a harmful element to the country. The immunity granted to the President by the constitution shielding him or her from any criminal or civil litigation is unprecedented and unsuitable for any civilized society. This impunity

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POLITICAL WILL

President H.E. Mahinda Rajapaksa (front bench, standing) presents the 2010 budget to Parliament in his capacity as Finance Minister.

has been legitimatized by the constitution itself.

It is common ground that Parliament is only a glorious talkshop in the absence of vibrant and meaningful oversight committees functioning on an apolitical basis. I resigned from the portfolio of Minister of State Banks Development in April 2006 as I could not conscientiously agree with the fiscal policies of the government. Then I was elected as the Chairman of the Committee on Public Enterprises. It has the same functions as the Public Accounts Committee, whose duties in the Sri Lanka Parliament are divided between two committees because of what I consider to be the excessive number of our state institutions. I led the committee to function on a non-partisan basis and I presented two reports to the House in which we reported startling news where the loss caused to the state had exceeded

Rs. 300 billion due to alleged corruption, fraud, misappropriation, irregularities, maladministration et cetera in a few institutions. The government revenue for 2009 was Rs. 756 billion.

It was prominently highlighted in the report on the ministry in charge of privatizing state enterprises – those which provided essential services such as power, energy and water – that this was an area more vulnerable to corruption.

A case in point was the privatization of 90 per cent of the shares in the Sri Lanka Insurance Corporation which was running in profit at the time. Privatization was reportedly done against the relevant laws and guidelines approved by the cabinet. Six billion rupees had been fixed as the price without ascertaining assets and liabilities. A total of 90 per cent of shares of the state-owned Lanka Marine Services (a bunkering service company in Colombo

Harbour), another profit-making venture, had been subjected to the same fate. It was also found that there had been a presidential grant of 8.5 acres in the Colombo Fort to a private company with no apparent consideration whatsoever.

The committee also insisted the Monetary Board and Central Bank initiate urgent remedial measures against a large number of companies which were accepting deposits from the general public without obtaining necessary licenses from the Monetary Board.

The Governor of the Central Bank gave an undertaking on 1 December 2006 to adopt and implement a procedure to legalize them or to ensure the safety of the deposits within two months. It was proved that this had not been done sufficiently as some finance companies later collapsed leaving several thousand depositors in the lurch.

The committee continued a relentless and unwavering effort to discover white-colour crime and the country was shocked with the revelations made in two reports presented in January and in August 2007 respectively which disclosed the activities of 46 corporate enterprises. The process that I advocated thereafter created the following new procedures in our Legislature: 1. Committee reports were debated in the House; 2. A resolution was moved in the House and passed unanimously to adopt the reports as parliamentary reports; 3. A further resolution was passed to have a mandate to direct the Bribery and Corruption Commission to investigate and initiate criminal prosecution against wrongdoers in relation to 16

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POLITICAL WILL

The Gold Buddha at the Golden Temple in Dambulla, Sri Lanka.

institutions. The Speaker forwarded the reports to the Bribery Commission with a direction to furnish progressive reports every two weeks.

Although investigations commenced, a few months later the whole process came to an abrupt standstill because the Director-General was removed by the executive in 2008. Now the Commission remains defunct with the lapse of the tenure of the members of the commission in April 2010; and 4 A further resolution was moved to empower oversight committees to examine the

institutions where the government-owned shares exceeded 15 per cent of issued capital.

Subsequently,18 opposition Members of Parliament, including Members against whom charges of corruption were levelled, crossed over to the government bench to take up ministerial portfolios.

A lack of political will to adhere to principles of good governance was apparent since none of the recommendations made by the committee were implemented. Two public interest law suits were initiated in the Supreme Court

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alleging that there had been an abuse of public funds and resources tantamount to an infringement of the fundamental rights of the people.

The Supreme Court, while endorsing the recommendations, delivered two judgements and the privatization of the shares in the Sri Lanka Insurance Corporation and the grant of the port land and tax concession were annulled and accordingly those assets were revested in the state.

The Court also held that the Secretary to the Ministry of Finance and the Treasury was unfit to hold public office and ordered his removal and payment of Rs. 500,000 as compensation to the state.

But after the retirement of the then Chief Justice, this decision was varied by the Supreme Court and the same person was rerecruited to the same office in the Ministry of Finance and Treasury.

A few weeks after the delivery of one judgement, one of the Ministers held responsible for illegal privatization and a respondent to that litigation was appointed as the Minister of Justice.

The President's prerogative powers were exercised to prorogue Parliament for a few days, automatically dissolving my committee and other oversight committees.

Some of the Ministers against whom such allegations were levelled lost in the parliamentary election held in April 2010. I had no option but to contest through the main opposition United National Party for the capital’s Colombo District and was successful.

Necessary reforms The following reforms are necessary to be implemented taking into consideration the context of the existing Sri Lankan political culture for the purpose of the establishment of best practices to ensure good governance.

1. Although Article 148 of the constitution confers exclusive powers to the Parliament with regard to financial control, there exists no process or procedure for Members to make any contribution or even to express their ideas before the annual budget is presented. Therefore powers of the oversight committees should be suitably expanded to consider budgetary proposals before they are finalized and presented to the House as in some other Commonwealth Parliaments.

2. Parliament should legislate to strengthen the powers of the oversight committees as currently they are governed only by standing orders.

3. Ministers and Deputy Ministers should be disqualified from membership of such committees as membership is a conflict of interest. At present the majority of Members are either Ministers or Deputies and both committees are chaired by Ministers.

4. It must be compulsory that the Chairpersons of the committee be elected from among the Members of the opposition, and they exercise their powers and function on an apolitical basis.

5. Ministers and Deputies should appear before oversight committees as officials headed by Permanent Secretaries cannot be held responsible for decisions and directives made by Ministers.

6. Committee meetings should be opened to the media except in sensitive matters relating to national security and fiscal policies. The Chairperson may decide such matters in consultation with the Speaker.

7. Every regime must respect and implement the recommendations made by the oversight committees, but committees shall not get involved in policy matters.

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POLITICAL WILL

8. There must be an independent secretariat with a data bank which includes all past activities of the relevant government agencies including productivity analyses.

9. The Independent Audit Commission Bill, which was drafted five years ago but not presented to Parliament, should be enacted and the commission should be directly responsible to Parliament.

10. The Right to Information Bill, which was also drafted five years ago, should be enacted.

(The opposition has already presented a Bill.)

11. The Official Secrets Ordinance should be abolished, and any necessary requirements could be incorporated into the Right to Information Bill.

12. While oversight committees are strengthened as necessary tools to curb corruption, all Ministers must also be required to answer questions posed by Members in the House without any delay.

13. Parliament should ensure the accountability and transparency of all governmental procurement by enacting appropriate legislation and adopting a procedure for appointing Members to oversight committee who have the necessary skills and experience.

14. The practice of having the President as the Minister of Finance should stop. The President is the Head of State, Head of Government, Head of the Cabinet, Commander in Chief of All Forces, Head of the ruling Alliance and the appointing authority of all Ministers and Deputy Ministers. Adding Finance to these powers can overwhelm the views of Ministers in favour of a President’s personal agenda. In practice, an undesirable bureaucracy can also be built around the

President thereby causing adverse effects for the country as a whole.

15. The President is not a Member of Parliament. Therefore the entire nation is deprived of getting any answer to any matter direct from the Minister of Finance. Even during the days whenwe had a bicameral system, it was mandatory that the Minister of Finance be appointed from among the elected Members of Parliament so that they would be available every time in the House to answer any query raised by any Member on the expenditure of public funds.

Since the President has been the Minister of Finance, the monthly consultative committee has not been held most of the time, and when it has been held it has met outside of the precincts of Parliament so most opposition Members have been reluctant to attend.

16. Parliament has in my view become virtually redundant because all business is being done at the direction of the executive President. The Legislature can become only a mouthpiece for the President because the powers vested in that office directly and indirectly are so vast. The President can remove a Minister at any time and even dissolve Parliament after a period of one year since the last election was held.

17. Our budgetary control system is not pragmatic and not able to fulfil the aspirations of the people because it contains only expected revenue generated through taxes. The government obtains loans of a very high magnitude without any sanction from Parliament or even from the Cabinet of Ministers. It may be that only the Minister of Finance and the Finance Ministry Secretary are aware of the terms and

circumstances under which loans are obtained. But in terms of Article 148 of the constitution, such deals should be subject to the approval of the Parliament. Current practice is a flagrant violation of the constitution.

18. There should be a procedure to present to Parliament all contracts and tenders awarded by the government.

This would ensure transparency and best practices of good governance.

19. Civil society groups which are in the quest of pristine glories are submerged and anesthetized due to the longstanding emergency laws that have been in place across the country. Participatory democracy is jeopardized and hegemonic rule now prevails.

20. It should be ensured that the Ministry of Finance adheres strictly to the provisions of the Fiscal Management (Responsibility) Act No. 03 of 2003 and submits all relevant and accurate annual and biannual financial statements to Parliament.

21. Although the Declaration of Assets and Liabilities Law No. 1 of 1975 was passed in 1975, the provisions thereof are not complied with. As a result there exists no accountability on the part of the politicians. There is nothing to counter the common view of the people that the majority of those who enter politics become multimillionaires within a very short time.

22. Nepotism is already widespread in every field, specially politics and even in the public sector. This is destroying the fabric of the entire democratic system.

23. Jubilation over the victory over the Tamil separatists is being over-displayed for sheer political expediency. Whether one may be able to justify it or not, we have to concede that

there are grievances of the Tamil-speaking people mainly in the Northern Province.

Among other things, the concentration of all executive powers in one person from the majority Sinhalese community has greatly intensified the situation so in my view the country is drifting towards becoming a fragile state. With the enactment of the 18th amendment to the constitution, powers devolved to the provinces under the 13th amendment to the constitution have been shrunken and the centre has become allpowerful.

24. There is in my opinion no political will to address the grievances of the minorities.

25. Although it looks like we have a bipartisan political system on the surface, the reality is that the executive presidency can swallow up the opposition Members with little resistance.

The political culture has become that right is not might, but might is right.

26. Media freedom has been destabilized, jeopardizing the peace and harmony of the nation. It is hard to find any independent media institution and the state media is solely confined to political propaganda from the government.

27. A minimum standard of separation of powers is not maintained within the political structure. The rule of law is not upheld. Invective and vituperative politics prevail.

28. Fiscal policies adopted for political expediency could result in dire consequence for the economy. This is amply borne out by the fact that 57 per cent of our national revenue has been paid for salaries and pensions in the public sector while the balance was not sufficient even to service government loan interests alone.

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CODES OF CONDUCT

CODES OF CONDUCT FOR MEMBERS OF PARLIAMENT – THE RIGHT THING TO DO Parliamentarians need to protect their public reputations with codes of conduct that guide them and re-assure voters, says a Bermudian opposition Member.

Hon. N.H. Cole Simons, JP, MP, in Hamilton.

Mr Simons is the Opposition Whip and Shadow Spokesperson for Business Development and Tourism in Bermuda’s House of Assembly. A banker, he has been a United Bermuda Party Member of the Assembly since 1998.

Hon. Cole Simons, JP, MP

You don’t have to pick up many newspapers or watch much television before coming across a story of scandalous behaviour involving elected officials.

Scandal is everywhere, from pay-to-play to contracts for friends, from illegal domestic employees to abuse of taxpayer money – for everything from dry cleaning to clearing a moat around the home of an MP. No country is clean. No

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Parliament is immune. As famous American broadcaster Walter Cronkite used to say at the end of the news : “That’s the way it is.”

The impact of bad behaviour is transmittable. An act of corruption by elected officials in one country can negatively affect perceptions of politicians in other countries, making it easier for people to think: “They’re all the same.”

The price we pay as Parliamentarians for the sins of others – public disillusion, alienation and cynicism – is serious. It detracts from our ability to lead, which is fundamental to the success of government. It fans doubt, making it harder for governments to govern. Ultimately, it undermines trust between the people and their government – the central unifying pillar of democratic government.

Bermuda is not, as a local song once said, “another world”. Like other Commonwealth countries,

few Bermudians hold their elected representatives in high regard – not necessarily on an individual basis but as a class of people. We have become the object of stereotyping, in the same way people stereotype lawyers. We’re paying the price for a few rotten apples.

But a few rotten apples – wherever they are, whatever they’ve done – don’t have to spoil the bunch.

I am sure all of us Parliamentarians can say that virtually all our colleagues are honest, ethical people dedicated to making their countries and the lives of their constituents better.

Our collective reputations nevertheless remain vulnerable to the misconduct of those who for whatever reason are not guided by these moral and professional objectives.

The day-to-day business of governing, of doing our best for the

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CODES OF CONDUCT

Left: St George, is a World Heritage municipality.

Below: Close-up of the Bermudian flag.

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CODES OF CONDUCT

sake of people, is not enough to dispel the reputational challenges we face. In light of this, it makes sense to look for ways to build public confidence and trust in us – to help people see there is a greater, more vital truth at work, and that is as citizens representing citizens doing their best to advance society.

Building public confidence We have a real interest in taking on this task proactively. Being held in low regard by the public – even through no fault of our own – simply makes the job of governing more difficult, whether for a government trying to build support for policies and legislation, or an opposition putting forward alternatives or criticisms to improve those policies and legislation.

Without the basic trust of the people, we as Parliamentarians cannot accomplish all we can.

So, what can be done?

First, we need to be clear about the challenge before us. Politicians, as a class of people, turn people off more than they turn them on.

People have become cynical about our motivations. We need to try to win back their trust. We need to show them our commitment to public service.

We can’t do this on our own; we can’t be our own champions. Selfpromotion is not credible. While we can certainly draw strength from our day-to-day work for the benefit of our constituents and homelands, we need to recognize that this is not a governing issue per se; it is an image issue.

So, what can we do?

It is my view that we can do ourselves and the people we represent a big favour by adopting a system of principles and values that stands above us, a system that

binds us to behaviours and practices that fulfil the highest standards of public service.

One concrete way to do this is through the creation of a public code of conduct for the people’s representatives; in our case Members of Parliament. A code can be the parliamentary equivalent of the Ten Commandments – a set of rules to live by, a set of rules to be judged by.

I’ve written before that a code of conduct is a set of rules outlining the responsibilities of, or proper practices for, an individual or an organization. To be more precise, I’d like to include the International Federation of Accountants’ definition of a Code of Conduct as: "Principles, values, standards, or rules of behaviour that guide the decisions, procedures and systems of an organization in a way that (a) contributes to the welfare of its key

stakeholders, and (b) respects the rights of all constituents affected by its operations."

Rather than put forward specific “rules of behaviour”, I would like to stay above the trees and limit considerations to the general principles of conduct that might form the platform for rulemaking. If we can agree on the principles, the details can surely follow.

The United Kingdom and some Commonwealth jurisdictions have already identified general principles of conduct their Parliamentarians are expected to observe in carrying out their parliamentary and public duties.

They include: Selflessness – wherein decisions by public office holders are made solely in terms of the public interest and not to gain financial or other material benefits

This page: The House of Assembly in Hamilton; Right: Bermudians use tiered roofs to collect rainwater.

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CODES OF CONDUCT

“If you are from a jurisdiction that does not have a code of conduct...then do something about it. It’s the right thing to do. Only public good can come of it.”

for themselves, their family, or their friends.

Honesty – wherein holders have a duty to declare any private

Integrity – wherein holders of public office do not place themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties.

Objectivity – wherein decisions on public appointments, contract awards or recommendations involving individuals are based on merit.

Accountability – wherein holders of public office are accountable to the public for their decisions and actions, submitting themselves to whatever scrutiny is appropriate to their office.

Openness – wherein holders of public office be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest requires.

interests relating to their public duties and to take steps to resolve conflicts that arise and in a way that protects the public interest.

Leadership – wherein holders of public office promote and support the above principles by leadership and example.

These are the guideposts that can provide all Commonwealth jurisdictions with a solid basis from which to formulate codes of conduct for their Parliamentarians.

So what would a code of conduct achieve?

Enforcing a code of conduct For the public, it would lay down an open set of rules binding the people’s representatives to public service and, consequently, providing clear standards to judge their conduct. This would be a massive step forward for public

accountability, helping to grow public confidence in the way MPs perform their duties. Ultimately, the code, if properly managed, would lead to an acceptable level of assurance that the public interest is protected.

For us Parliamentarians, a code would provide clarity on essential standards of conduct in the discharge of our parliamentary and

public duties. It would provide a basis for assessing proposed actions and so guide behaviour. It would provide a foundation for responding to the behaviour of our fellow Parliamentarians whenever necessary. It would not seek to regulate what Parliamentarians do in their private and personal lives.

It should also be noted that the obligations set out in the code should be complementary to those which apply to all Parliamentarians by virtue of the procedural and other rules which exist in their Assemblies. They complement the rulings of the Chair, and the rules which support the Register of Members Interests.

For the naysayers, arguments on the use of codes of conduct for Parliamentarians revolve around the fact that they are inappropriate given the structure of Parliament.

People have said that codes of

conduct were established for professions which are bound together by shared beliefs, characters and practices which form the cornerstone of the profession. In contrast, Parliamentarians are representatives of various communities, and these communities possess and display diversity.

This diversity forms a melting pot of different moral views and values found in our Parliaments, and any attempt to agree on a shared set of values to include a code of conduct, would be very challenging and some would say almost impossible, and ultimately impracticable.

The naysayers also say that any further burdens on Parliamentarians are unwarranted.

In addition, unless a code has penalties and it is implemented, it can be seen as window dressing, and thereby undermine the credibility of Parliamentarians and Parliament.

There may be some merit in some of these arguments against codes of conduct, but there is no issue related to the establishment of a code of conduct that cannot be ironed out for the public good.

There is history and precedent for codes of conduct. As Parliamentarians – as legislators – we regulate business and professional bodies; we require them to adopt and enforce codes of behaviour. Why should any of us be exempt from similar standards, particularly since we hold the collective responsibility to protect the public interest?

If you are from a jurisdiction that does not have a code of conduct, or from a place that does not have rigorous enough standards of such governance, then do something about it. It’s the right thing to do.

Only public good can come of it.

Properly managed, a code of conduct will help tackle an image problem and, more to the point, help us deal with the underlying issue.

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CARIBBEAN WOMEN IN POLITICS

STRATEGIES FOR ATTRACTING MORE WOMEN INTO POLITICS

Mrs Maxine A. Henry Wilson, MP, in Kingston.

Mrs Henry Wilson is a Member of the Jamaican House of Representatives for the opposition People’s National Party and a former Senator, Minister of Education and Leader of Government Business in the Senate.

The Jamaica Gleaner

The Commonwealth Caribbean has produced some dynamic and formidable female Parliamentarians; but the number of women in Caribbean Parliaments is not rising as was expected 10 or 20 years ago. Following her attendance at a conference of women Parliamentarians in the CPA Caribbean, Atlantic and the Americas, a senior Jamaican Parliamentarian considers why this is – and what to do about it.

Mrs Maxine Henry-Wilson, MP

The topics slated for discussion of the 3rd Regional Conference of Women Parliamentarians in the

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Caribbean spoke volumes of the perceived preoccupations of the organization and what was considered to be one of the body’s primary missions. Recognizable as well was an anxiety among the participants about the apparent slow pace at which women were ascending the ladder of membership of the region’s Parliaments. The choice of the theme for this July 2010 meeting in Port-of-Spain, Trinidad and Tobago, clearly articulated this dual concern.

Some who had attended previous conferences listened to

the opening remarks and the setting of the context with a sense of déjà vu. Others were more explicit in their demand that this should not be just another “talk shop” but there needed to evolve a detailed plan of action for attracting more women into Parliaments in the region. There was a muted sentiment that the promise of a decade or two ago that a critical mass of women would come to constitute the Parliament had not been realized.

But the unanswered questions revolved around: Why was this so?

Did men continue to erect barriers

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CARIBBEAN WOMEN IN POLITICS

Women are making a valuable contribution to politics in the Caribbean Region. Clockwise from top left: Rt Hon. Kamla Persad Bissessar, MP, Prime Minister of Trinidad and Tobago; Hon. Gisele Isaac-Arrindell, MP, Speaker of the Antigua and Barbuda House of Representatives; Dame Jennifer Smith, MP, Deputy Speaker of the House of Assembly in Bermuda, and Hon. Alix Boyd-Knights, MHA, Speaker of the House of Representatives in Dominica.

to entry? Was there a continued self-perception by women that they were unable to, and were less competent in performing at the highest level of public political life?

Or was the deterrent the public

perception of politics as an undesirable vocation dominated by violence, combativeness and corruption?

Those who could recall the era of the 1980s invoked the

exemplary leadership of individuals such as Dame Eugenia Charles, the late leader of the Commonwealth of Dominica, who, in their view, shattered the glass ceiling to become the Prime

Minister and created a positive role model in her handling of the affairs of state in her country. The ascendancy of the late Janet Jagan to the office of President of Guyana and later Hon. Portia

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CARIBBEAN WOMEN IN POLITICS

Simpson Miller as Prime Minister of Jamaica were all cited as gains on behalf of women. The recent ascendancy of Rt Hon. Kamla Persad-Bissessar, MP, to the office of Prime Minister in the Republic of Trinidad and Tobago had reignited the hope that the agenda of female national leadership was alive. Even then, there was apprehension of both the pace and the force with which women were advancing to positions of national leadership.

Various presenters attempted to keep this hope alive. The Speaker of the House of Representatives in Dominica, Hon. Alix Boyd-Knights, MHA, drew on her own experiences and the struggles she had to go through to advance her political career.

Hon. Dame Jennifer Smith, MP, Deputy Speaker of the House of Assembly in Bermuda, gave a very practical, personal and spirited intervention on mentoring and the modalities that can be employed by women to nurture potential entrants into electoral politics.

Hon. Gisele Isaac-Arrindell, MP, Speaker of the Antigua and Barbuda House of Representatives, introduced the concept of a “genderless” Parliament – a novel idea for many of the delegates.

In the debate, some participants flayed the generally negative interventions of some presenters and commentators as these seemed to be biased in favour of the notion of non-achievement of women. For them, this bias failed to present the actual achievements of some Parliaments such as Guyana’s in which 34 per cent of Parliamentarians and 37 per cent of cabinet Members were women.

Further, their argument ran that women continued to be the foundation, backbone and indispensable organizers of all the political parties in the region. Such sterling contributions should not be undervalued or deemed worthless.

The core issue continued to be the identification of those mechanisms that could be employed to

successfully propel women into national elective politics. Should the battle be against the men who stood as praetorian guards against female entry or was it more systemic?

For me, attending this forum for the first time, it seemed like an old story that I had heard during my involvement in the women’s movements and women and gender studies three decades ago.

The storyline was the same: how many women and not the quality of the contribution continued to be the nub of the debate. It was not a matter of quality of female participation.

The empirical evidence had demonstrated that in a nonregional jurisdiction such as Norway it took a critical mass of female representation to successfully carry a transformative agenda in the Parliament.

So numbers are important.

Simultaneously, however, there was an acknowledgement by scholars and practitioners that women’s participation went beyond just a basic right and a prerequisite for a functioning democracy.

“Femaleness” was a social construct and should bring with it values and practices that would undo the inherent injustices and inequalities of our societies.

I recall that the argument in support of the latter view ran something like this: •

•

•

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Equal representation of women in Parliament was a basic right and an indispensable value to a democratic ethos; Women were prevented from attaining this right because of the organization of the political system which was dominated by patriarchal values which confined women to the traditional private spheres while men dominated in the public space; and Women should organize and act in solidarity to erode this patriarchy.

Women must work together to play a leading parliamentary role across the Caribbean.

Case study: Jamaica Noted author and academic Ms Gerda Lerner contended that women find themselves in a paradoxical situation which makes them subordinate, separating the public and private spheres and confining them to familial institutions.

As a consequence and through the instruments of socialization, many had embedded a selfperception of a lack of preparedness and unsuitability for public roles. Ms Lerner’s contention was the hypothesis used by the author of this article to examine the status of women in politics in Jamaica in a research project which I had undertaken in the mid-1980s.

In testing this argument, a representative sample of two cohorts of women was used consisting of: •

•

Those who had been activists at the grassroots level but who, by choice, had not sought elected office; and Those who had been elected to local and national office.

As has been found in other comparable research:

1. Women tended to predominate at the grassroots (base structure) of political organizations; and 2. Where they were involved in representational politics, there was a tendency for greater participation at the local government level than at the national levels.

These findings when applied to Jamaica were particularly curious given the fact that, in Jamaica, as in the other Commonwealth Caribbean territories, women attained suffrage at the same time as men. In the case of Jamaica, the first female Member of Parliament was Iris Collins who was elected as early as 1946 – two years after the first elections under adult suffrage.

She subsequently acted as the Chief Minister in the 1950s during a short absence of the incumbent, Sir Alexander Bustamante.

Another woman, Rose Leon, was selected as the first holder of the position of Chairman for her party – the Jamaica Labour Party in the 1940s. The point here is that from the incipient stages of selfgovernment, women have been in leadership roles but some

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CARIBBEAN WOMEN IN POLITICS

6. The practice of politics conflicted with the public perception of what was behaviourally and socially correct for women. For example, bars were important locales for campaigning and socializing in politics but the reputations of women would become tarnished if they were seen in bars.

7. Women in politics were stereotyped as “abrasive” and “aggressive”, traditionally undesirable female attributes; and 8. Women needed to be encouraged to break the mould of only being able to speak on and manage “social” issues and should become members of party and parliamentary committees that dealt with other matters.

regarded them as “tokens” rather than as “vanguards” for women’s participation.

The 1970s represented a critical historic juncture for women’s participation in politics.

One catalytic event was the launch and celebration of the International Decade of Women, commencing in 1975 accompanied by an agenda of legislative reforms that gave face and voice to women. In Jamaica, this included a raft of legislation to provide for equal pay for equal work, maternity leave for women, equal status of children – just to name a few of the empowering statutes.

Statistics indicate that in Jamaica in the decade of the mid70s to mid-80s there was an increase not only in female participation as candidates in elections but in their success as representatives moving from 5.9 per cent female participation in 1969 to a high of 12.68 per cent in 1981 at the local government level.

The high point was a total of 13.5 per cent of the Parliamentarians being women in 1997 moving from 2.6 per cent in 1962 to 12.1 per cent in 1983.

Interviews conducted in 1987

with women with a history of activism drawn from both of the major political parties in Jamaica revealed the following: 1. Most of them had been active in politics from their late teens, with one having become the secretary of the base unit from as early as 11 years old.

2. All had leadership positions in the local or constituency organization; however, there was a clear division of labour based on gender differentiation, with men occupying the roles at the apex of the hierarchy.

3. Most had delayed involvement in electoral politics due to child-bearing and child-rearing responsibilities.

4. There was a general view that women did not support other women in their attempts to move up the hierarchy and that the party structures and functions were so organized that women were not seen as having a “winning profile” in elections.

5. There were material and other barriers to electoral participation by women. These included access to financing of campaigns, and campaigns were seen as being not only costly but physically demanding.

Recommendations Arising from the discussions at the Regional Conference, there was definitely room to question whether the gains made in female political representation in the 1970s and 1980s had been eroded or whether the challenges identified in these decades remained unresolved.

What seemed to have been needed, however, was an agenda for action that could form the basis for engagement by the female members of these Parliaments both within and beyond these formal structures. Based on the presentation and discussions by the delegates, the following would seem to be some plausible issues for action: •

•

•

•

More mentorship – The suggestions made by Dame Jennifer of witting and deliberate tutelage of young people, even outside of the political sphere need to be taken on board and become a part of our practice as female politicians.

Preparation – While the selfperception of women as being unable to manage in the public sphere needs to be shattered, it must be acknowledged that there are unique and particular

demands of political leadership and governance. Women are not inferior to men in either ability or aptitude, but the political landscape is replete with the consequences of male under-preparation and/or disregard for the competencies of governance.

If politics is to be improved then there must be preparation. Women’s training and caucuses must be a feature of our advancement in the public sphere.

A methodology must be found to develop a critical mass of women in Parliament – There are several examples of quota and other systems which provide some affirmative action for women entrants into Parliament. The regional body at its next meeting should have analytical presentations on this topic for discussion and possible action.

Information dissemination among women of an agreed agenda of issues which women should promote in their Parliaments should be made available through the Regional Secretariat – Women need support to assist them in preparing for contributions to House debates. The regional body should decide on a list of issues which would advance not just the cause of women but of all our peoples which would be championed by women in their Parliaments.

In the end, the debate around the participation of women, while having merit as a “numbers game”, must go beyond that to a commitment to improving the governance structures and processes of our individual Parliaments and of reinvesting politics with purpose.

As women, we must bring to the table some ideals that will make our governance roles credible and return trust to the democratic process.

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PIPS IN PAKISTAN

PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES: A NEW BEGINNING Pakistan has alternated between democratic and military governments. Among its many programmes to strengthen democracy is the establishment of a centre to offer national and provincial Parliamentarians the information they need to provide the good governance necessary to prevent another return to authoritarian rule.

Mr Faisal Karim Kundi, MNA. Mr Kundi is the Deputy Speaker of the National Assembly of Pakistan.

He was first elected to the Assembly in 2008 after serving as an organizer for the Pakistan People’s Party Parliamentarians.

Summary The establishment of a sustainable institute for legislative research and capacity building has been a long standing aspiration of Parliamentarians and parliamentary staff in Pakistan. The establishment of the Pakistan Institute for Parliamentary Services (PIPS) is a major step towards the realization of this objective. The idea first cropped up in the Speakers Conference in 2005.

The Legislative Development Steering Committee, headed by Mr Faisal Karim Kundi, Deputy Speaker of the National Assembly of Pakistan, and consisting of Senators, MNAs and the top management of National

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Mr Faisal Karim Kundi, MNA.

Assembly and the Senate, was instrumental in taking through this concept to maturity. The interim PIPS was established in existing Parliament lodges in 2006 where it started conducting capacity

building events and seminars in a small but well equipped facility. The institute has undertaken 67 independent researches for parliamentary committees and individual Parliamentarians and around 260 capacity building events on parliamentary topics such as legislation, committees functioning, legislative research, business of the house, rules of procedures, question hour, communication skills, and so on for 4,000 participants including MPs, Staff, journalists and members of civil society. While construction of a state of the art PIPS building spread over 1.5 acre of land is in process in Islamabad, the PIPS Board of Governors under the

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PIPS IN PAKISTAN

A model of the PIPS office being built in Islamabad.

leadership of Dr Fehmida Mirza, MNA, Speaker, National Assembly of Pakistan, have finalized its financial and service rules and the institute continues to provide quality services to national as well as provincial legislators. The Institute is “dedicated to parliamentary excellence,” and looks forward to develop into a centre par excellence by a dedicated team of professionals.

Establishing PIPS: realization of a dream The Parliament of Pakistan, due to a chequered history of democracy marred by long decades of dictatorships, could not evolve a system of supporting legislators with an institutionalized system of undertaking research and analysis to undertake their arduous tasks of legislation, representation and oversight. Unlike its counterparts in India, Bangladesh, Australia, Canada, U.K., U.S., Thailand, South Africa, the Philippines and Czech Republic, the Pakistani Parliament had no independent research and informational support for its Members.

In this context, PIPS was formally established as an

exclusive and independent, first of its kind research and capacity building facility for the Parliamentarians, through an Act of Parliament on 15 December 2008. No matter it had started functioning in an interim facility since April 2006.

Parliament in Pakistan was deprived of the power of knowledge that comes from timely, accurate and credible information and objective analysis on the most sensitive of national matters till the establishment of PIPS. The intense need for such an institution was direly felt and expressed in 2005 in the Speakers Conference of the National and Provincial houses.

The Legislative Development Steering Committee (LDSC) under the chairmanship of Mr Kundi chose to work for setting up the institute with the support of the USAID Pakistan Legislative Strengthening Project (PLSP).

Based on the deliberations of the LDSC, comprising eight MNAs and four senators in addition to Secretariat leadership of National Assembly and the Senate; various comparative studies and feasibility papers prepared by PLSP and the

LDSC steered the initiative. The LDSC visualized PIPS as an autonomous entity, functioning under the leadership of the parliament and guided by a Board of Governors (BOG).

working together to finally get it through in the 13th National Assembly as a consensus Act. In this way, the Pakistani MPs truly own the idea, concept as well as every step taken to establish and consolidate PIPS’ role in providing quality research and informational services to Members and Secretariat staff of all national and provincial legislators.

“The Institute is ‘dedicated to parliamentary excellence’ and looks forward to develop into a centre par excellence by a dedicated team of professionals.”

Cross party consensus The PIPS Act was passed by the Senate and the National Assembly by a consensus vote by all MPs. The legislation is a true manifestation of cross-party caucusing as the Bill saw all parliamentary parties, both government and opposition,

PIPS Board of Governors The establishment of the PIPS through unanimous support of the Parliament reflected the will and vision of not only the National Assembly and Senate, but also of the provincial Houses of Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan, who are all represented through their Speakers in the PIPS Board of Governors.

Under the Act, the Chairman, Senate and Speaker National Assembly were charged with the responsibility of nominating the members of the founding BOG. Considering the importance of the institute and the role of the BOG, they tried to pick up the best of the lot keeping in view their background and experience for

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PIPS IN PAKISTAN

Prime Minister of Pakistan, Hon. Syed Yousuf Raza Gilani, MNA, (left), talks with National Assembly Speaker, Dr the Hon. Fehmida Mirza, MNA, Speaker of the National Assembly.

taking up this onerous responsibility. The Board, chaired

by Chairman of the Senate or Speaker of the National Assembly by three-year rotation, has the overall control of the institute and it guides its functioning. The Executive Director is the chief executive of the institute and works under the control of the Board.

Dr Mirza is the founding President of the PIPS Board of Governors.

The Speaker played a decisive role in acquiring a 1.5 acre piece of land at a picturesque setting on Ataturk Avenue in Pakistan’s serene Federal Capital. She, along with Deputy Chairman of the Senate, Senator Mir Jan Muhammad Khan Jamali, inaugurated the official construction launch of PIPS building in June 2010.

The state of the art four-storey building would house offices of around 55 researchers, trainers and drafters, a 200-seat auditorium, training rooms and a spacious library. It is scheduled to

be completed in the latter part of 2011.

Speaker Mirza inspired the Board to work in unison and thoroughly draft, debate and approve comprehensive sets of financial and recruitment rules for the institute. That has laid a sound foundation to build a centre of excellence based on professionalism and merit, which reflects integrity and accountability in its functioning. The Board also appointed former Secretary General of the National Assembly Mr Khan Ahmad Goraya as its founding Executive Director.

ii.

Functions of PIPS According to the mandate of the institute as mentioned in the PIPS Act, the functions of the institute are as follows:

vii.

i.

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To maintain the national, provincial and international data, information and statistics to provide to the Parliamentarians for the efficient performance of their duties;

iii.

iv.

v. vi.

viii.

ix.

x.

To undertake research in respect of the Federal and Provincial laws and also to have a study of international laws to help the Parliamentarians in the law making process; To provide technical assistance to Parliamentarians in performance of their duties; To provide training to the Parliamentarians and parliamentary functionaries for performance of their duties; To arrange seminars , workshops or conferences; To take measures for the development of law making; To maintain a record of all the existing Act, Ordinances and other enactments in force in Pakistan and in each Province; To assist Parliamentarians and legislative bodies in their efforts to ensure the public’s understanding of working of Parliament; To arrange legislative drafting courses with special emphasis on parliamentary practices; To manage the internship

programmes for the Parliament and Provincial Assemblies; xi. To establish and maintain resource centers for the Parliamentarians; xii. To support the parliamentary committees in the performance of their duties; and xiii. Any other function as may be assigned to it by the Parliament or the Board.

PIPS research and outreach services A prime goal of the institute is to provide non-partisan and expert opinion on a range of subjects, and to help the legislators in making informed policies about the national challenges. Leading scholars and researchers based in reputable academic institutions, think tanks and civil society organizations across the country are members of a 50 member network of specialists to provide informed policy inputs such as indepth background notes, assessing bills, briefs, legislative summaries, consultations and other services on the request of parliamentary committees and Parliamentarians.

PIPS launched its “research on request services,” in April 2007, which offers timely, accurate and objective bipartisan informational and research services to the legislators across Pakistan.

Whereas the deadline of such researches varies from one to 15 days, the researchers include prompt informational and research analysis done on 24 hours notice for Parliamentarians. PIPS have produced 67 comprehensive research papers exclusively for individual MNAs, senators as well as MPs working in various standing committees. These services are offered to Parliamentarians in confidence and kept confidential as and till their direction.

PIPS have developed a cadre of around 50 PIPS network of

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“PIPS envisions establishing an appropriate forum to equip Parliamentarians with cutting-edge strategies and tools to perform their representative, legislative and oversight functions effectively and efficiently.” legislative researchers, trainers and drafters to support the legislators.

The institute has also developed 24 policy resource guides on topics relevant to respective standing committees of the national and provincial Houses.

The institute has developed and uploaded its official website at: www.pips.org.pk which is indigenously designed in a userfriendly format. It introduces the audience to various dimensions of the Institute such as its vision, mission, areas of services offered to the MPs. The institute has an elaborate outreach programme where it intends to provide an interface between civil society and the legislators for consultations on public policy matters, assessing legislation as well as holding public hearings.

The institute has developed numerous publications in an otherwise short span such as the Members Orientation Booklet 2008, Senators Orientation Booklet 2009, and Discover the Parliament – PIPS guide for the Youth. The PIPS also intends to run a youth awareness programme across all provinces of Pakistan with regard to enhancing their understanding of role and working of the Parliament and role of youth to engage the legislators.

Curriculum and capacity building services The PIPS has to date developed modules in 21 areas of parliamentary significance since 2006. These include modules on legislative research, assessing and drafting legislation, question hour, parliamentary history, conflict resolution, Business of the House, budget process, parliamentary privileges and code of conduct,

constituency relations, basic computer skills, software module for librarians, etc. and a youth guide on Parliament.

Most of these comprehensive training modules consist of a facilitator’s guide, a participants’ book and a powerpoint presentation developed according to the PIPS Training Standards and Procedures. Accordingly no less than 260 workshops for Parliamentarians, journalists, members of civil society and staff of the six houses, have been held since 2006.

2008 saw the commencement of a more robust system of trainings by the PIPS. For the first time in Pakistan, PIPS successfully conducted orientation programs for the elected legislators of the National and provincial assemblies on topics, such as: “Politician to Parliamentarian”, “Constitutional Authority of Parliament”, “Parliamentary History”, “Rules of Procedures”, “Business of the House”, “Parliamentary Privilege”, “Question Hour”, “Committees of Parliament”, “Legislative Process”, “Research and Informational Support for Legislators”, “Parliamentarians and the Budget”, “Parliamentarian as Legislators”, and “Constituency Relations”.

During these interactive sessions, members engaged in lively debate.

PIPS has hosted different modes of professional development programmes like policy seminars, issue workshops, skill enhancement courses for Members & Secretariat staff of Senate, National Assembly and Provincial Assemblies. More than 4400 participants, including MPs and Secretariat staff as well as journalists covering the Parliament,

have attended these programmes in the last three years.

The Parliamentarians’ Resource Centre (PRC) PIPS is also facilitating a modern Parliamentarians’ Resource Center at the Parliament Lodges, Islamabad, the first of its kind in Pakistan’s parliamentary history as it is housed along with residences of the MPs. The Centre is providing exclusive on the spot informational services seven days a week. The facility is exhaustively used by Parliamentarians especially during the session days. In addition Parliamentarians are provided round the clock printing, scanning and internet facilities as well as a compact meeting room and newspapers, magazines and journals for their day to day needs.

PIPS challenges and opportunities Human resource is the soul of an institution that takes it to excellence. In this context, putting together a seasoned, committed and merit based human resource, including the key positions of Directors of Research and Outreach, HR and Finance, Training and Curriculum development, and their respective staff, remains the most demanding challenge. The PIPS would be concentrating all its energies in the next few months towards development of a well-knit team of professionals well versed with the parliamentary tradition of the country and institutional memory of the PIPS and the Parliament.

PIPS envisions developing academic and policy linkages and affiliations with universities, think tanks, international and national civil society organizations to

strengthen itself as an institution, which has access to some of the best minds and informational resources available. The PIPS has established collaborations with USAID who are supporting by construction of PIPS building and UNDP with whom we have held numerous capacity building events since August 2010. PIPS has also signed a Memorandum of Understanding with KonradAdenauer-Stiftung (KAS), a German foundation regarding support to PIPS activities for three years. It has committed 60,000 euros for the first year (2010).

PIPS intends to seek similar national and international linkages in addition to continuing development of its team to undertake its multiple role of undertaking quality research, capacity building and informational services as well as provision of legal drafting support for all legislators. PIPS look forwards to collaboration with similar institutions in the region as well as internationally and it cherishes to be a model facility assisting such initiatives.

In a nutshell, PIPS envisions establishing an appropriate forum to equip Parliamentarians with cutting-edge strategies and tools to perform their representative, legislative and oversight functions effectively and efficiently.

Institution-building is a task that needs untiring efforts and the PIPS Governors under the leadership of its founding President, Speaker Mirza, as well as the leadership of all national and provincial legislators, acknowledge the need for a proactive role by them and the PIPS team to develop it into a centre of excellence. The onus for the optimum utilization and consolidation of a quality-oriented parliamentary institute lies with almost 1,000 MPs and thousands of staff in the six national and provincial Houses who should make use of this rapidly developing team of professionals.

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SUSTAINABLE DEVELOPMENT

IWOKRAMA: PLACE OF REFUGE; PLACE OF HOPE With climate change at the forefront of most political agendas, the protection of key vulnerable areas such as tropical rainforests is vital. A Guyanese Member outlines the world-leading preservation programme in his South American nation.

Mr E. Lance Carberry, MP, in Georgetown.

An economist by profession, Mr Carberry is the Opposition Chief Whip in the Parliament of Guyana. He has specialized in issues related to the bauxite industry and sustainable development. He has been a Member of Parliament for the People's National Congress Reform/One Guyana since 2006.

Mr Lance Carberry, MP.

The context The then President of Guyana, His Excellency Mr Hugh Desmond Hoyte, during the debate on Environmental Issues at the 1989 Commonwealth Heads of Government Meeting (CHOGM), in Kuala Lumpur (Malaysia), argued that environmental issues should be dealt with on the basis of firm knowledge, which should be

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provided by thorough research.

Accordingly, he informed the CHOGM that Guyana was willing to set aside part of its tropical rainforest for a pilot experimental project, with joint research collaboration with other Commonwealth countries, "to study the utilization of the forest on a sustainable basis and the conservation of species".

He proposed that the results from the research should be utilized in a way that was "free from the current constraints of the rules affecting intellectual property" and that the benefits "could be jointly owned by Guyana and other participating Commonwealth countries".

Role of the Commonwealth Expert Group The offer was accepted by CHOGM and the Commonwealth SecretaryGeneral assembled a Commonwealth Expert Group, led by the eminent Indian scientist Dr M. S.

Swaminathan, which visited Guyana in May 1990 to work along with the Guyanese Counterpart Technical Team to determine the suitability of the area to be used for the development of a suitable project.

The report of the group proposed the establishment of the 'Programme for Sustainable Tropical Forestry'. The name of the programme has gone through several evolutionary changes. It is currently known as the Iwokrama International Centre for Rainforest Conservation and Development.

Presentation of the Iwokrama programme The Iwokrama Programme was simultaneously announced to the world by President Hoyte of Guyana and the Commonwealth Secretary-General on World Environment Day 5 June 1990 and the concept was presented at the 1992 Earth Summit in Rio de Janeiro. The programme conceptually represents a

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SUSTAINABLE DEVELOPMENT

The Iwokrama is home to various forms of wildlife such as: The Jaguar (far left); the Anteater (left); the Arapaima and the Caiman lizard (below).

response to the concerns contained in the 1992 Rio Declaration and Agenda 21. Initial funding of US$3 Million was provided, in 1992, through the Global Environment Facility and administered by the UNDP. The programme was, after the change of government in 1992, formally endorsed and accepted for implementation in February 1993 by the present government of Guyana, led by H.E., the late President Dr Cheddi B. Jagan.

Accordingly, the programme was instituted under domestic legislation by an Act of Parliament in 1996 and became fully operational in 1998.

The name Hidden in the heart of one of the few remaining intact tropical rainforests in the world is the Iwokrama Forest. The 360,000 hectare forest gets its name from the Iwokrama Mountains, the only mountain range that originates and

is completely contained within the borders of Guyana.

Legend has it that the Iwokrama Mountains are a sacred site for the Makushi People who have made this region their home for centuries. Iwokrama means “place of refuge” and speaks to the stories that the mountains provided refuge to the Makushi from other warring Amerindian tribes. Legend also has it that the mountains are inhabited by the ancestral spirits of the Makushi, tall in stature and free ranging across the Iwokrama Forest and the North Rupununi Wetlands.

The programme site The site was chosen from a shortlist of potential sites in the different geographical zones of Guyana, by the application of criteria, agreed with the Commonwealth Secretariat and endorsed by the Commonwealth Expert Group. These criteria were that the site should:

1 Possess a broad representation of the ecosystems found in a typical tropical rainforest in Guyana; 2 Be accessible, with reasonable logistical difficulty, by land, river and air; 3 Be free of human habitation, as well as economic activities or other encumbrances; and 4 Be outside the areas of demand for land at present and for an extended period of time.

A reconnaissance level “Site Resources Survey”, was funded by the U.K. Department for International Development’s (DFiD) predecessor, Overseas Development Administration, and undertaken, by its Natural Resources Institute in March to April 1992. This survey confirmed the suitability of the site for the programme.

The site is demarcated by naturally occurring boundaries: on

the North-East, East, South-East and South by the Essequibo River (the largest river in Guyana); on the South and South-East by the Lady-Smith Creek; on the West by the Surama and the Sipariparu Rivers; on the North-West by the Watamung mountains and the Takutu river; and on the North by the Siparuni River.

The area of the site is divided into the following segments: •

•

An Amazonian Rainforest Wilderness Reserve (50 per cent) for the conservation of biological diversity, in which representative and unique species and ecosystems are maintained in their pristine state to "... provide opportunities for scientists and scholars from all over the world to study nature in action and to unravel the richness of the evolutionary mechanisms in a tropical rainforest …"; A sustainable utilization area

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SUSTAINABLE DEVELOPMENT

•

(50 per cent) for undertaking appropriate pilot-scale projects for the development of methods and techniques for the sustainable utilisation of the multiple resources of a tropical rainforest; and A control corridor for the security and management of t he Surama to ¬Kurupukari segment of the road linking Lethem to Georgetown, which passes through the programme site.

•

•

The Iwokrama Programme site spans the entire range of protected areas, half of the area being classified as a Category I, with the other half classified as Category VI, using the International Union for Conservation of Nature (IUCN) definition of protected areas.

As a living laboratory, it provides for the development of a range of techniques for the conservation and sustainable use of rainforest resources.

The original objectives The Iwokrama international rainforest programme was expected to establish ecological and other “ground rules” for the conservation and sustainable utilization of biological diversity - in a manner which views the forest as a virtual gene bank and multiple resource pool - of renewable and non-renewable resources found in the richly diverse tropical rainforest such as the programme site.

The programme was originally intended to be managed by the International Research and Training Centre for Rainforest Conservation and Development, which was tasked with the responsibility for: •

•

Undertaking research for the development of approaches for the in situ management and conservation of biological diversity within the programme site; Undertaking a number of multi-disciplined pilot-scale

research projects within the programme site, to develop methods and techniques for the sustainable utilisation of the multiple and diverse resources of a tropical rainforest; Developing and testing techniques and approaches for the secured management, including infrastructural support, of a large Amazonian programme site; and The development, by an Iwokrama International Environmental Communications Unit, of: scientific databases; appropriate information management and access systems; educational and training materials for formal and non-formal programmes; and other information and educational products and processes. Additionally, stateof-the art communications and networking technology was to be used for the national and international dissemination of the research results and other valuable information for the sustainable utilization of multiple rainforest resources and the conservation of biological diversity.

The above objectives were reflected in the mission statement, developed by the interim board of trustees under the chairmanship of Dr M.S. Swaminathan: "To undertake research, training and the development and designation of technologies which will promote the conservation and the sustainable and equitable use of tropical rainforests in a manner that will lead to lasting ecological, economic and social benefits to the People of Guyana and to the World in general".

A distinctive ecosystem The Iwokrama Forest, along with the contiguous North Rupununi Wetlands form a unique transitional ecosystem between the Guiana

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Shield and the Amazon Forests, and is fed by the watersheds from two distinct major river systems the Essequibo River and the Rio Branco River, a major tributary of the Amazon River. Resulting from this location, the Iwokrama Forest is a unique area containing a rich biodiversity.

Iwokrama is home to: the highest recorded number of fish and bat species in the world; South America’s largest cat (the jaguar);

“the Iwokrama Forest provides an important space for climate research and development of techniques for climate change adaptation and mitigation.” the largest scaled fresh water fish (the arapaima); and the largest otters, river turtles, anteaters, snakes, rodents, eagles and caimans.

A global model for sustainable development With the growing threats associated with climate change, the bundle of environmental services that forests provide are recognized to include their capacity to store carbon, and to assist in the cooling of the earth’s atmosphere via the cloud cover that they generate. As a controlled environment, located in an ecological region that is extremely sensitive to changes in water and temperature fluxes, the Iwokrama Forest provides an important space for climate research and development of techniques for climate change adaptation and mitigation.

Iwokrama has become a global model for collaborative alliances across geographical and social borders. It is an outstanding example of symbiotic partnership between a protected area and local communities; local people are actively involved in sustainable business ownership and development and the protected area management. In addition, Iwokrama has built partnerships at national and international levels and acted as a catalyst to improve relationships between local communities and those national and international partners.

The Iwokrama Centre is a governance model for the rest of the world. The centre is governed by an international board of trustees, comprised of local, national, and international representation. Iwokrama is the only international forest research centre that has direct representation of indigenous peoples on its board.

The impact of funding constraints Funding famine has resulted in the original Iwokrama Programme concept undergoing major transformations. The consequence is that the current emphasis is focused on the creation of business opportunities for the employment of the resources in the Iwokrama forest. This is starkly highlighted by the Chairman of the Iwokrama Board of Trustees in the 2009 Annual Report: “Not surprisingly, the international downturn impacted adversely on Iwokrama’s tourism, sustainable timber and training businesses. Project funding was also affected: payments slowed as donors coped with their own financial pre-occupations. These combined pressures obliged the Centre to be even more costcompetitive, as well as energetic in seeking new business opportunities.

“As a result of hard work and commitment, the emergence of

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ecosystem services as a new business with potential for further growth and the benefits of a higher international profile, the Centre still achieved a credible cash surplus at the end of 2009, thereby proving the previous year’s result was not a flash in the pan. Completing successfully its 2006-2010 business plan, Iwokrama has emerged as a more robust business driven institution, standing on its own feet and providing a platform on which to build further long term growth in the next 24 months. There was good progress on science too.

“The Centre’s international science committee, its newly appointed resident scientist and the recent deployment of new quality scientific equipment in the forest have together enabled IIC to begin to put in place the building blocks of its new international research programme, focusing on the impacts of climate change on the Iwokrama forest and the contribution which its ecosystem services make to its overall financial value.”

The Amerindian village of Fair View The indigenous community of Fair View was originally outside of the borders of the Iwokrama site.

However it was determined that, for management purposes, the community, now elevated to a village status by the government, should be located inside the Iwokrama Forest.

A collaborative management agreement between Fairview and Iwokrama International Centre provides for co-management of the area. This significant step is a world example of how indigenous peoples can have tenure and exercise self-determination in managing an internationally recognized protected area.

Iwokrama demonstrates that it is possible to maintain and improve livelihoods through a combination of the conservation and sustainable use of forest

resources. The advantages of this approach are felt at the local, national and international levels.

Rights, respect and strategic partnerships The important first step was identifying and engaging stakeholders in a way that recognized and respected their rights, unique knowledge and skills.

Iwokrama accepted and supported the priorities of the local people and in turn benefited from their trust, hard work and good faith.

This foundation is manifested in business partnerships between Iwokrama and communities.

Through partnership with local, national and international stakeholders, these groups in turn developed an understanding of Iwokrama and the skills in resource management.

Recognizing the importance of an empirical and contextual approach, Iwokrama collaborated with the local communities and other partners to develop costeffective methodologies for explicitly examining trade-offs between culture, social, economic and ecological parameters. As a result, clearly defined, measurable indicators have been developed to guide the planning and monitoring of the businesses and the determination of the measurement of success.

Rainforest conservation and development: assets and facilities The assets and facilities of Iwokrama include: •

•

The Iwokrama Forest itself 360,000 Ha of pristine tropical rainforest; The Iwokrama Field Station at Kurupukari on the west bank of the Essequibo river provides an environment for a range of forest activities, including business development, road management, education, ecotourism, communications

•

•

•

•

and research. It serves as a hub for management of hospitality services that include conference facilities (complete with teaching aids); a computer laboratory; a medical centre; stores; Internet facilities via satellite, restaurant and library; The Iwokrama campsite at Turtle Mountain, with its unique view of the forest canopy, is an established base not far beyond the field station, providing a step-off point for treks and trails into the Iwokrama forest. The campsite can accommodate up to 30 persons in hammocks in three benabs. The site also has a kitchen, dining room, and small research area; The Iwokrama canopy walkway is located 52 km from the Field Station at Mausiparu.

The 154-metre aluminium walkway is the only one in the Guiana Shield accessible to tourists. The tree-hugger construction used to anchor and stabilize the walkway allows the trees in the system to move naturally and grow normally. “Hammock” sleeping arrangements are located at the 16-person Atta Rainforest Camp close to the canopy walkway. (“Atta” is a Makushi word that means “hammock”); Two permanently manned Ranger stations on the Georgetown-Lethem road which bisect the forest; and A newly constructed, 900m airstrip is located 30 minutes from the Field Station in the village of Fair View. This vital facility allows easy access to Iwokrama, being one hour (flying time) away from either the international or municipal airport at Georgetown. The airstrip is strategically located to allow arriving visitors to choose immediately between travel to Kurupukari and the Field Station, or south to the Canopy Walkway. The airstrip

is designed for light turbo-prop aircraft with capacity of up to 15 persons.

The Iwokrama business In the context of ecosystem conservation Iwokrama seeks to develop global models for the sustainable development of profitmaking enterprises, integrating the private sector with local communities within a sound, regulatory environment.

The businesses it incubates and helps to develop will be distinguished by the production and marketing of high value services and products that contribute to the long-term, sustainable livelihoods of the surrounding local communities.

In order to continue with this work and to ensure a permanent future for all stakeholders in the world-class, environmental assets under its stewardship, the Iwokrama seeks long-term, business partners to co-invest in and manage the next stages of sustainable, commercial development at Iwokrama. The sector opportunities available to interested co-investor/managers are: • • • •

Sustainable ecotourism; Sustainable forestry; Training services; and Other services, including intellectual property rights.

Together with these partners, Iwokrama intends to become the leading international authority for the development of models for commercially sustainable, practical and community-inclusive conservation businesses, based on access to tropical forests and their natural array of assets.

The CPA Climate Change Task Force offers reports from a parliamentary perspective in the Resources section of the CPA website at: www.cpahq.org.

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YOUTH PARLIAMENT

YOUTH PARLIAMENT IN DOMINICA Involving young people in Youth Parliaments is one way to generate interest in Parliament and politics among potential future politicians. This has been very well received in Dominica, says the Speaker of the Eastern Caribbean country’s House of Assembly.

Hon. Alix Boyd Knights, MHA, in Roseau.

Ms Boyd Knights, a lawyer, is the Speaker of the House of Assembly in Dominica and is the Chairperson of the CPA Commonwealth Women Parliamentarians Steering Committee.

Hon. Alix Boyd Knights, MHA

Of all the events and activities that the Commonwealth Parliamentary Association (CPA) Dominica Branch has held to commemorate Commonwealth Day in the recent past, the most popular has been the Youth Parliament.

Among the other activities held in Dominica to mark that day have been a Commonwealth Fair where schools adopt a Commonwealth country of their choice and represent that country in dress, 56 | The Parliamentarian | 2011: Issue One

culture and food, poster and essay competition as well as at the ecumenical service and cultural presentation which is held every year and is organized by the Ministry of Education.

But the Youth Parliament is clearly the frontrunner. The last Youth Parliament was held in 2010.

As early as January 2010, letters were sent out to the principals of all the secondary schools on island as well as the Dominica State College informing them of the event to be held on Monday, 1 March 2010, and asking that two students from each institution be sent to participate. About two weeks later the schools were sent the Motion to be debated, so that they would have time to research the topic.

The young Parliamentarians arrived at the House of Assembly at 7:30 a.m. They gathered in the Chamber and were told that the first order of business would be to select the role players i.e. the

Honourable Speaker, the Sergeant-at-Arms and the Clerk of the House. This was undertaken in a very democratic fashion: where more than one person was nominated for a particular role, the rest of the group voted.

That done, the remaining students were divided into two groups keeping as far as possible to the actual numeral configuration of government to opposition.

The next step was to provide the young Parliamentarians with an overview presentation. At the conclusion, training sessions were conducted throughout the morning by coaches who were serving Members of Parliament and a former Clerk of the House. The young Members from the opposition side formulated questions and also compiled their contributions for the debate on the motion. An Order Paper was prepared with two questions, and a motion with the general theme: “In

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YOUTH PARLIAMENT

Opposite page: The rainforest and volcanic mountains of Dominica; This page: Youth Parliament in session in the Assembly Chamber (top); dancers providing evening entertainment (left); and Ms Boyd Knights with a Youth Parliamentarian (below).

the next 10 years society runs the risk of changing beyond recognition if the pace at which science and technology is advancing is left unbridled”. The order paper was circulated to all the young Parliamentarians.

Replies to questions were prepared by students from the government side.

After a lunch break lasting 30 minutes the students changed into their “official” wear and at 1: 45 p.m., students took their assigned seats on each side of the House.

The entire session was carried live on radio and filmed for broadcast at a later date on television.

The actual Parliament session commenced at 2: 00 p.m., the session was preceded by a short

opening ceremony with welcome and opening remarks by me as President of the local CPA Branch; this was followed by remarks by the Minister of Education and by the Prime Minister in his capacity as Vice-President of the CPA Branch.

The two questions on the Order Paper were asked from the opposition side, and the replies to the questions were given by the government side. The debate commenced and the young Parliamentarians spoke on the motion with contributions from both sides of the House. Their contributions were judged by four eminent persons, two of whom are former Parliamentarians. From all reports, the contributions made by the young Parliamentarians were

deemed excellent by the listening public.

At the end of the debate by our young Parliamentarians, the winners were announced. A vote of thanks was the delivered by the Acting Honorary Secretary of the CPA Branch. The activities concluded at approximately 5:30 p.m.

Prizes were awarded to the best role-player, best contributor on the government side, best

debater on the opposition side and an overall winner. The schools from which the prize winners came were also awarded valuable prizes.

The winners received their monetary and other prizes and trophies at a ceremony held in conjunction with a cultural evening held for the facilitators of the Commonwealth Parliamentary Association Post–Election Seminar held in Dominica from 17 to 19 March 2010.

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MINORITY GOVERNMENT

MINORITY GOVERNMENT FOR AUSTRALIA Assemblies in which no single party or pre-election alliance of parties holds an outright majority are common in many jurisdictions. The Parliament of Australia has not been one of them; so it had to adapt when the voters left no one in control, says the Clerk of the House of Representatives.

Mr Bernard Wright in Canberra.

Mr Wright is the Clerk of the House of Representatives of Australia.

Australia’s 2010 federal election resulted in a hung Parliament.

Australian voters went to the polls to elect their 43rd Parliament on 21 August 2010. For the first time in 70 years no party or coalition won majority support in the House of Representatives.

Like other nations in the Westminster tradition, in Australia the results of elections for the popular House, in our case the House of Representatives, determine the formation of executive government. Like so many other nations, Australia had been used to relatively clear results in general elections for the “peoples” House. Now, like elections in a significant number of other Commonwealth countries, a general election resulted in a hung Parliament. The last such Parliament at a national level had

58 | The Parliamentarian | 2011: Issue One

Mr Bernard Wright.

been elected in 1940, but since elections in 1989 in Tasmania, hung Parliaments and minority or coalition governments have been seen in Australia’s states and territories. Accordingly, our Australian parliamentary colleagues would be forgiven for thinking that in 2010 the national Parliament was finally catching up!

The year proved to be significant in national politics. On 24 June former Prime Minister, Hon. Kevin Rudd, stood aside as Leader of the governing Australian Labor Party. His action was triggered by unhappiness on the part of parliamentary colleagues following reports of opinion polls showing a significant decline in popular support for the government. The Deputy Prime Minister, Hon. Julia Gillard, was elected unopposed by her parliamentary party Members as the new Leader of the Labor Party.

Later that morning she was sworn in as Australia’s Prime Minister, the first woman to hold that post. Ms Gillard made only minimal changes to her ministerial line-up, and faced her first Question Time as Prime Minister at 2 p.m. the same day.

Australia’s national Parliament

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“In a process that would be familiar to Members and observers in many countries, a period of intense activity took place as the election results became clearer.” does not have fixed terms. The last scheduled sitting day before the winter break was 24 June and it was widely expected that an election would be announced before the scheduled resumption for the spring sittings. On 17 July the Prime Minister duly announced the Governor-General had agreed to the key dates, and Australians went to the polls on 21 August.

The results were very close indeed. Former President Clinton’s words came to mind: “The people

have spoken, it’s just going to take us a while to work out what they have said!” After many days of counting and checking, the Australian Labor Party emerged with 72 seats in the 150 Member House of Representatives, the Liberal/National Coalition with 73 seats (including a Member from Western Australia elected to the Western Australian Nationals who chose to align himself with the coalition). The swing against the government had been 2.35 per

cent overall. Under Australia’s preferential voting system the “two-party preferred” vote for the Labor Party came out at 50.12 per cent and 49.88 per cent for the coalition. One Australian Greens candidate, Mr Adam Bandt, MP, was elected, the first Green to be elected to the House at a general election, and an Independent, Mr Andrew Wilkie, was successful in an inner suburban seat in Hobart, Tasmania. Three Independent Members who had represented regional seats in the previous Parliament, Hon. Bob Katter, MP, Mr Rob Oakeshott, MP, and Mr Tony Windsor, MP, were each reelected. These five Members held the balance of power and, between them, would determine who would form government.

In a process that would be familiar to Members and observers

in many countries, a period of intense activity took place as the election results became clearer.

Party leaders and their representatives met with the Independent Members and the Australian Greens as the Cross Benchers worked to make their critical decisions. The intensity of media interest will also be familiar to Members and staffers alike.

As would be expected, speculation swirled about the possible outcomes. Much was written about the role and responsibilities of the GovernorGeneral. Parliamentary friends will not be surprised to learn that the advice given consistently was that this situation was for the elected Members to resolve, not the Governor-General – nor will they be surprised to learn that there were no signs that any Member

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doubted this. While these processes were very new to all current federal Members, a considerable body of precedent was of course available recording the way such situations had been resolved in Australian state and territory Parliaments and in other Commonwealth countries. The situation was summed up colourfully by constitutional lawyer Professor Greg Craven: he took a somewhat sanguine view, writing that it was a constitutional dance, but one in which the steps were well known! Much attention was also given to proposals for parliamentary reform and agreement was reached on key points between representatives of the Australian Labor Party, the Liberal/Nationals coalition and Independent Members.

Interestingly, this agreement was reached before a number of the key Independents committed themselves to support any parties, locking the agreement in regardless of which of the parties would form government.

Mr Bandt and Mr Wilkie were the first of the Cross Benchers to announce their positions: each committed to supporting the Australian Labor Party on certain conditions. The three regional Independents took longer to reach their conclusions. On 7 September the wait was over. Mr Katter was the first to reveal his hand when he indicated his preference for a coalition government. Messrs Oakeshott and Windsor then held a joint press conference during which they announced that they would support the continuation of the Australian Labor Party in office.

They committed to supporting the government on supply, and to not supporting want of confidence motions other than in special circumstances. They reserved their position on other matters, as had Messrs Bandt and Wilkie. This meant the government could count on 76 votes on agreed matters – the thinnest possible margin.

The government signed an

agreement with Messrs Oakeshott and Windsor, having earlier signed separate agreements with the Australian Greens and Mr Wilkie. In each case the government recorded its commitment to matters of particular importance to the members concerned, such as the issue of problem gambling and medical services in Hobart (Mr Wilkie) or services in regional Australia (Messrs Oakeshott and Windsor).

A new start The new Parliament was opened with the usual pomp and ceremony on 28 September by H.E. Ms Quentin Bryce, AC, GovernorGeneral of the Commonwealth. In the lead-up to the opening, speculation as to who would be nominated as Speaker intensified.

Under the Australian Constitution

ordinary or deliberative vote. In the circumstances of a hung Parliament this was a crucial matter. In the event, Mr Harry Jenkins, who had been Speaker in the previous Parliament, was reelected unopposed. Prime Minister Gillard said: “I can think of no one more worthy of holding this office at such a crucial time for our democracy...” and later “we have a remarkable opportunity to rebuild the standing of this Parliament....”

Opposition Leader, Hon. Tony Abbott congratulated the newly reelected Speaker, saying “of all the Members of this Parliament you are obviously the best suited for the office which you now hold”. Mr Abbott, who had spoken in support of Mr Jenkins during the preceding weeks, added a little playfully: “I never wavered in my faith that you were the best person for the job.” In

hoped Members would look for further opportunities in the way they related to each other, so that lasting change might be achieved.

Contrary to normal practice, a coalition Member, Hon. Peter Slipper, was elected as Deputy Speaker on the nomination of a government Member, Mr Daryl Melham. It has been the practice of the Speaker to take the chair for all divisions in the new Parliament.

The new Parliament is also significant in other ways: the first indigenous Member of the House, Mr Ken Wyatt (Hasluck, Western Australia), was elected; Australia’s first Muslim Member, Mr Ed Husic (Chifley, NSW) won a seat, and the youngest-ever Member of the House, Mr Wyatt Roy (Longman, Queensland) was elected.

On the second sitting day, the Leader of the House, Hon.

the Speaker has only a casting vote, thus the side from which a Speaker is chosen loses an

expressing his thanks, Mr Jenkins referred to the challenges and the opportunities ahead and said he

Anthony Albanese, MP, moved a large number of amendments to the standing orders to reflect

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(45 seconds) and answers (four minutes), a tighter rule of relevance for answers was introduced and points of order on relevance were limited to one per answer. Provision was also made for one supplementary question to be asked each Question Time; 2. Private Members’ Business – sitting time was added to each week, a total of eight hours being allocated to private Members’ business, and a commitment was made, and has been met, to bring items to a vote regularly. The Selection Committee, which had operated from 1994-2007, was revived and given charge of private Members’ business, but this time under the chairmanship of the Speaker. The committee was also given a new role and can itself refer government Bills to House committees for inquiry – and this can be achieved on the vote of one Member of the committee; 3. House Committees – the number of House committees was reduced as well as the membership, and provision was made for two committees to be chaired by non-government Members.

Left: Inside the Parliament building; Above: The Australian flag on top of Parliament House.

commitments made by the government in negotiations with opposition and non-aligned Members. Amendments were

made to the provisions concerning: 1. Question Time – time limits were introduced on both questions

The parliamentary reform agreement also covered matters of a non-procedural nature, such as the establishment of a Parliamentary Budget Office and the appointment of a Parliamentary Integrity Commissioner. A joint committee has been established to report on arrangements for a Budget Office, and the Standing Committee on Privileges and Members’ Interests has been tasked with advising the House about a code of conduct for Members and the framework within which an Integrity Commissioner should operate.

By the end of 2010 the House had completed 19 sitting days under the minority government. For its part, the opposition, including

shadow Ministers, had worked hard to make good use of the increased opportunities provided to introduce private Members’ Bills and resolutions, as had government Backbenchers and non-aligned Members. The government said that it was pleased that 55 Bills had passed the House and 36 had passed both Houses and had been or would be assented to.

While it was no surprise that criticism was still received about the conduct of Question Time, the introduction of time limits and the tightened rule of relevance saw it move along in a more business-like manner. A combination of the standing order changes, the political circumstances and Mr Jenkins’ personal standing have given him greater authority over this most intense, challenging and closely observed time of the sitting day.

The heightened level of community and media interest in so many aspects of the work of the House that emerged soon after the election has been maintained.

The House Procedure Committee, a backbench group responsible for reviewing the practices and procedures of the House, and with a record of some success in achieving practical reforms, has been tasked with monitoring the new arrangements. It will be able to report to the House as it judges necessary and this process will be a useful and bipartisan means of fine-tuning the new arrangements as may be found to be desirable.

And so, while it is still very early days, Australia’s 43rd Parliament with the first minority government in 70 years has got down to business, with Members, staff and observers adjusting to the new reality and the new rules it has brought. In this there is surely little doubt that they are replicating the experience of colleagues around the democratic world.

For more information, log onto: www.alp.org.au/federalgovernment/governmentagreements.

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FAIRTRADE COFFEE

SOUTH AUSTRALIA MAKES THE SWITCH TO FAIRTRADE South Australian Parliamentarians can now satisfy their coffee cravings during long sittings and at the same time promote a fair income for one sector of the world’s farming community.

South Australian Parliament.

South Australia’s Parliament House made history in September 2010 by becoming the first Parliament in Australia to formally make the swap to Fairtrade certified coffee.

It joins a growing number of Australian workplaces, schools, faith groups and councils who have signed up to help tackle poverty through committing to purchase Fairtrade Certified products.

The Fair Trade Association of Australia and New Zealand (FTAANZ) Operations Manager Mr Cameron Neil said that FTAANZ was very excited by this announcement.

“Parliament House serves over 20,000 cups of expresso coffee each year. By making the switch to Fairtrade coffee, the South

62 | The Parliamentarian | 2011: Issue One

Australian Parliament will help to make a big difference to the lives of developing country producers, their families and communities,” he said.

The Speaker of the House of Assembly, Hon. Lyn Breuer, MP, said it was important that the South Australian Parliament showed leadership in this area.

“As a state, South Australia has a proud history of championing important social justice causes, often leading not only Australia but the world. The South Australian Parliament has often taken a leadership role on issues that really matter. For example, the South Australian Parliament was the first Parliament in the world to allow women to be elected as Members.

So I am delighted that the South

Australian Parliament is leading the nation by becoming the first Australian Parliament to be recognized for a major swap to Fairtrade Certified coffee,” Ms Breuer said.

President of the Legislative Council Hon. Bob Sneath, MLC, also strongly supported this initiative.

“This decision reflects growing awareness in the community of the benefits of choosing Fairtrade.

Fairtrade coffee offers struggling producers a fair and stable price for their beans. It’s also about providing better working conditions and environmentally sustainable farming methods in developing countries,” Mr Sneath said.

The Member for Ashford, Ms

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FAIRTRADE COFFEE

Madam Speaker Breuer and Council President Sneath hold Fairtrade coffee on the steps of Parliament House in Adelaide. They are accompanied by (back row, from left) federal MP Mr Steve Georganas, state House of Assembly Member, Ms Steph Key and Council Member Mr Ian Hunter.

They are joined by Australian Fair Trade Advocate Mr Theo Simos (left) and Fairtrade supporters.

Steph Key first raised the idea of Parliament House making the change to fairtrade coffee in a letter to the President of the

“Fairtrade coffee offers struggling producers a fair and stable price for their beans. It’s also about providing better working conditions and environmentally sustainable farming methods in developing countries.”

Legislative Council in September 2008.

Mr Ian Hunter, MLC, also passionately championed the fairtrade cause.

Mr Hunter first met with Mr Neil in July 2009, and helped facilitate a meeting between FTAANZ, Ms Breuer and Mr Sneath in June 2010. Mr Hunter had also raised the issue in Parliament on a number of occasions.

“The challenge has now been set for other Australian Parliaments to follow South Australia’s lead,” said Mr Hunter. “I am aware that federal Member for Hindmarsh Steve Georganas has called on Parliament House in Canberra to make the swap to Fairtrade Certified products – as his electorate office has done - but

so far there has been no formal agreement reached,” Mr Hunter said.

The South Australian Parliament’s catering division endeavours to support local businesses whenever possible. It will now use Fairtrade Certified coffee supplied by a local company.

Fairtrade Certified coffee will now be used for all espresso coffees made and served in the Member Bar, Dining Room and Blue Room of Parliament House.

Parliament House catering staff conducted a week-long trial of the new Fairtrade coffee prior to the swap, reporting no complaints about quality or differences in taste, paving the way for the announcement.

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A CPA publication

Available to Members and Officials of the CPA for purchase from the CPA•Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.

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Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS NEW ZEALAND: Electoral Referendum Bill Page 69

NEW ZEALAND: Rugby World Cup (Empowering Bill) Page 70

INDIA: The Indian Medical Council (Amendment Bill), 2010 Page 77

AUSTRALIA: Parliamentary Joint Committee on Law Enforcement Act 2010 Page 79

QUÉBEC:

Election contributions Page 85

SEVERE FLOODING AFFECTS PARTS OF AUSTRALIA Page 79

PROTECTION OF THE RIGHTS OF ELDERS (AMENDMENT) BILL PASSED

PARLIAMENT STALLED ON CORRUPTION ISSUE Page 74

THE SENATE: THE CHAMBER OF “SOBER SECOND THOUGHT” Page 84

Page 66

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PARLIAMENTARY REPORT

SRI LANKA

PROTECTION OFTHE RIGHTS OF ELDERS (AMENDMENT) BILL PASSED

Hon. Wijedasa Rajapaksa, MP

Hon. Nimal Siripala de Silva, MP, Minister of Irrigation and Water Resource Management and the Leader of the House, on behalf of the Minister of Social Services, presented to Parliament the Bill entitled The Protection of the Rights of Elders (Amendment) on 5 January 2011.

The fundamental objective of the Bill is for the enactment of necessary provisions, since the State has recognized elders as a group of persons, who need to be cared for and protected by the State, by treating them with dignity and respect. Considering the moral and legal imperatives, and more specifically the directive principles of the State Policy enshrined in the constitution, recognize the duty of the State to assist in the full realization of 66 | The Parliamentarian | 2011: Issue One

the fundamental rights and freedoms of all people and to promote their welfare by securing a social order governed by justice.

Furthermore, in keeping with United nations resolution No. 46/91 of 16 December 1991, which also stipulates that in view of the contributions made by the elders, the State must provide necessary infrastructure to assist elders who are advancing in years to live a life which is socially, economically and spiritually fulfilling.

At the commencement of the Second Reading debate, held on 21 January, 2011, Hon. Felix Perera, Minister of Social Services, highlighted the importance of moving timely and progressive amendments, having identified certain shortcomings in the present Act. He explained that the Bill provides for the State to ensure the fulfillment of the key actions/strategies described in the amendments. It could be seen that the Bill also provides for protection of not only elders but also children, administrators of elders’ homes and other similar institutions.

The Minister also pointed out that the elderly population was rapidly on the increase – around 2 million, making up about 11 per cent of the total population at present – and that it would be doubled by 2018. He added that this figure would further increase by 100

per cent of the elderly population by 2050.

A preamble which was not available in the previous Act (No. 9 of 2000) was brought in the present amendment.

Furthermore, the following sections of the principle enactment were also amended: • Appointment of a full time vice-chairman to the National Council (Section 3); • Making the elders' identity cards system more effective, appointing a conciliation officer and expansion of various services for elders (Section 14); • Ensuring that no elder shall be neglected or refused in whatever manner on account of age (Section 15); • Registration of Elders' Homes which was not compulsory under the existing Act (Section 16); • The power of supervision and inspection of island wide Elders' Homes by the National Secretariat for Elders (Section 18); and • To make the activities of maintenance much easier under a mediation officer (Section 24(a)).

Hon. Dayasiri Jayasekera, MP, (United National Party) while opening the debate from the opposition, agreed with the governments’ stand taken with regard to the elders and expressed the fact that they too endorsed the amendments in

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SRI LANKA

the Bill. It was stated that the rights of the elders would be guaranteed since a situation of that nature helps strengthening of social, economic, political and cultural aspects in the country. Hon. Ajith P. Perera, MP, (UNP) urged the government to establish Offices of Elders Maintenance Boards at district level for the greater convenience of elders who required the services of

these institutions. Hon. Wijedasa Rajapaksa, MP, (UNP) in his speech appreciated the fact that the Bill had been presented with a view to recognize services rendered by the elders, which had been appropriately recognized.

Hon. Y.G.Padmasiri, a member from the ruling party, brought forward an important suggestion that the elders’ secretariat should introduce

would empower the aged community.

The Bill was passed on 21st January 2011, unanimously since there was agreement in both the government and the opposition with the regard to the amendments therein. The Act was assented by the Speaker on 23 February 2011.

necessary institutional training programme to train caregivers in elders’ homes. He furthermore pointed out the importance of streamlining the process of supervision of elders’ health conditions resident in elders’ homes through the medical officers in the health service. He commended the Bill for the facility to issue elders’ identity cards stating that such moves

NEW ZEALAND

INQUIRY INTO THE TOBACCO INDUSTRY IN AOTEAROA On 8 December 2010 the Maori Affairs Committee reported back to Parliament its inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Maori. Spearheaded by the Maori Party in a bid to address the disproportionate representation of Maori in health statistics, the inquiry argued for an end game for the tobacco industry in New Zealand.

Tobacco smoking is the leading cause of preventable death in New Zealand. For Maori, deaths from respiratory disease are three times higher than they are for non-Maori. The committee’s report’s recommendations received strong support across the House.

The committee recommended that the government aim for tobacco consumption and smoking prevalence to be halved by 2015 across all demographics, with the longer-term goal of making New Zealand a smokefree nation by 2025. In addition, the report recommended that future tobacco control measures place greater financial, ethical, and legal pressure primarily on the tobacco industry itself.

Hon. Tau Henare, MP, (National), Chairperson of the Maori Affairs Committee— who last year stopped smoking after suffering a heart attack—said it was “time for the tobacco industry to realize in a meaningful way that the product it sells,

Hon. Hone Harawira, MP

although legal, is an abject danger to our whole community”.

Hon. Hone Harawira, MP, said that addiction to tobacco had “tortured Maoridom for generations” and praised his Maori Party colleagues’ commitment and determination to make New

Zealand smoke-free. “If any country killed 5,000 Kiwis in any one year, then we would be at war with it before I could finish this speech,” Mr Harawira said. “But that is how many people are killed by this industry every single year.”

National’s Dr Paul Hutchison noted how far New Zealand had come since the 1960s in battling the addiction, noting that “only 15 years ago in New Zealand our buses, aeroplanes, and restaurants were full of smoke”. He acknowledged the hard work of previous governments’ health committees, along with the role public advocacy groups have played in pushing for smoking cessation.

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PIKE RIVER COALMINE DISASTER On 23 November 2010, Rt Hon. John Key, MP, moved a motion to express concern for all those involved in the large underground explosion at the Pike River Mine, on the west coast of the South Island.

Not yet knowing the fate of the 29 miners still unaccounted for, the Prime Minister recognized the helplessness felt by those involved in the search and rescue operation, hindered by the volatile nature of the mine environment.

Furthermore, he was “especially impressed by the

Rt Hon. John Key, MP

way the tight-knit community [had] pulled together”.

Labour Leader, Hon. Phil

Goff, MP, acknowledged “the commitment of those who are trying to achieve the recovery of the miners and those who are helping in other ways”.

Other Members highlighted the place of mining in New Zealand’s history, putting the tragedy into the context of the Brunner mine disaster of 1896, the Dobson Mine disaster of 1926, and the Strongman Mine disaster of 1967.

On 25 November 2010 following a second explosion at the mine, which

extinguished all hope for the miners’ survival, the Deputy Prime Minister, Hon. Bill English, MP, on behalf of the Prime Minister, moved a motion acknowledging the tragic loss of 29 lives, and extended the House’s deepest sympathies to the families and friends of the men who died.

Following speeches on behalf of the other parties, the motion was agreed to, and the House observed a minute’s silence out of respect, and adjourned.

THIRD READING: NEW ZEALAND Electoral (Finance Reform and Advance Voting) Amendment Bill, and Parliamentary Service Amendment Bill The Electoral (Finance Reform and Advance Voting) Amendment Bill and the Parliamentary Service Amendment Bill had their third readings on 15 December 2010. The Minister of Justice, Hon. Simon Power, MP, explained that the Bills were “part of a package of legislative measures giving effect to the government’s electoral reform commitments”. He stated his belief that “electoral law should be based on a broad consensus so that the rules are enduring and certain across elections. The law also needs to be fair and transparent so the public can have confidence in the outcome of the elections.

The Electoral (Finance Reform and Advance Voting) Amendment Bill] reforms the election advertising and donation rules in the Electoral Act 1993, to provide greater clarity, transparency, and accountability in election campaigns. The Parliamentary Service Amendment Bill provides a permanent definition of the term ‘funding entitlements for parliamentary purposes’. The Bill also aligns with the proposed electoral finance rules to ensure that Parliamentary Service funding is not used for election advertising. Together, these Bills will enhance the public’s confidence in the integrity of our elections”.

Hon. Lianne Dalziel (Labour) said that for Labour “the important issue was the cap on third-party spending. We believe that without

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the cap, the potential for well-resourced campaigns to exert undue influence, or even the perception of undue influence, would be damaging to the integrity of our electoral system and run the risk of what I call the Americanization of New Zealand elections”. Ms Dalziel did not defend [the then Labour government’s] “attempt to write new rules in the wake of what happened in 2005. Those rules were not durable, because there was no attempt to reach consensus or to make compromises”. The reason for that had been “the very uncompromising position of [the National Party] that…set the scene for one of the most bitter campaigns that I have ever experienced in my then 15 years in politics, and that culminated with the unprincipled collusion with a religious sect to help bring down a government. [Third parties like the Exclusive Brethren] will not be allowed to spend $1.2 million in the next campaign as a single entity; $300,000 will be the limit, and by law we will be entitled to know who they are and where they can be genuinely contacted”.

Deputy Leader of the ACT Party, Hon. John Boscawen, MP, said that ACT would not be voting for the legislation, because the spending limit that it imposed on third parties “puts restrictions on freedom of speech”.

The Bill passed by 116 votes to 5, with only the ACT Party voting against.

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THIRD READING: NEW ZEALAND Electoral Referendum Bill Moving the third reading of the Electoral Referendum Bill on 15 December, which was passed unopposed, the Minister of Justice, Hon. Simon Power, MP, said that it fulfilled National’s “pre-election promise to hold a referendum on MMP [mixed-Member proportional system].

After five elections under the MMP system, National was of the view that it was time for voters to consider whether this system was working for them. The Bill provides an indicative referendum on the voting system to be held with the 2011 general election. Voters will be asked whether they would like to keep MMP and, if New Zealand were to change to another voting system, they will be asked which of the four alternatives they would prefer.

“The alternative voting systems are first past the post, preferential voting, single transferable vote, and supplementary Member. If there is a vote to keep MMP, the Electoral Commission will review MMP and report on whether any changes to it are necessary or desirable.

If voters opt for change, this government is committed to holding a second, binding referendum with the 2014 general election.

Voters will then be asked to choose between MMP and the most preferred alternative voting system from the first referendum. If the majority of voters prefer the alternative voting system in 2014, then the new system will be implemented in time for the 2017 general election”.

Hon. Lianne Dalziel, MP, said that Labour would support the Bill “on the basis that the legislation has been improved by the select committee process and the input of the more than 1,000 people who submitted to the Electoral Legislation Committee.

With this Bill the major sticking point was, again, the need for a cap on third-party spending, believing as we did that without the cap the potential for advertising to distort the effect of the campaign by the well-resourced anti-MMP group, which is largely made up of community groups, was too great. I believe that this referendum is a citizens’ initiated referendum masquerading as a government referendum.

“Secondly, I believe that there is a strategy in place to replace MMP with a form of first past the post with 30 supplementary list Members who are voted on separately, and with a party vote that is proportional only to those 30 Members.

Part of the strategy is to ignore public demands for changes to some aspects of MMP before subjecting it to a referendum. I am firmly of the view that if the government truly wanted to test public opinion about MMP, it would have allowed that review to precede the first referendum. If a second referendum is required—and I doubt that the public will fall for this strategy but just in case they do—then allowing MMP to run up against a brand-new, purposedesigned system without any review of its flaws would mean that the second system would lack integrity.

“That is why Labour will commit to the review, regardless of the

outcome of the referendum, and if a second referendum is required we will commit to the timetable proposed by this government and hold it in 2014, but the MMP system that this new system will run up against will have been reviewed so that the public get a real say, a real choice”.

Employment Relations (Film Production Work) Amendment Bill On 29 October the Minister of Labour, Hon. Kate Wilkinson, moved the third reading of the Employment Relations (Film Production Work) Amendment Bill, stating that it clarified “what is already widespread industry practice: that actors, crew members, and other production personnel in the film industry who sign on as independent contractors are just that—independent contractors. If they sign on as employees, they are employees”.

The Minister gave the background to the legislation: “on 17 August an international union without a mandate issued an international boycott against The Hobbit as its first action in an effort to negotiate a collective agreement, which is illegal under New Zealand law. That action immediately put the production of The Hobbit in New Zealand under threat. The unions went too far and put the jobs of thousands of New Zealanders at risk.

“They have since complained that the producers did not believe their pledge that industrial action had been rescinded and would not occur during the filming. But it is no surprise that the producers had no faith in that promise. The actions of the unions raised concerns for Warner Bros that our industrial relations environment was unstable and that it could be held over a barrel. Although this Bill is a direct response to ensure that The Hobbit is filmed here, it is also a response to the fact that if we had lost The Hobbit, our reputation as a filming location would have been in tatters.”

According to Hon. David Parker, MP, (Labour) “the underlying dispute with Warner Bros was always about money. We know that certainly by 18 October…the Americans thought that all the industrial disputes were behind them.

“The brinkmanship that was then left alive was between two parties that we know of: Warner Bros and the government, both of whom were trying to get the best deal possible. It has been clever politics on the part of National. It has succeeded in fooling many people in New Zealand that that this was caused by an industrial dispute. The reality is that it was caused by brinkmanship. The brinkmanship worked. Warner Bros got an extra $34 million worth of concessions out of the taxpayer”.

Mr Parker added that the legislation was “completely unnecessary. There is already the ability to contract with workers in the film industry as independent contractors rather than employees; that is already permissible under our law. I do not think that this change of law was even central to what Warner Bros wanted. What was central to what Warner Bros wanted was more money. It got its $34 million.”

The Bill was passed by 66 votes to 50.

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THIRD READING: NEW ZEALAND Rugby World Cup (Empowering) Bill The Rugby World Cup (Empowering) Bill had its third reading on 16 November 2010. The Bill did not receive unanimous support, and was passed on party votes with National, ACT, United Future, and the Maori Party voting in favour, and New Zealand Labour, The Green Party, and the Progressive Party voting against.

The Minister of Internal Affairs, Hon. Nathan Guy, MP, on behalf of the Minister for the Rugby World Cup, Hon. Murray McCully, MP, described the Bill’s intention as being to facilitate the Rugby World Cup tournament. It established the Rugby World Cup Authority to “consider and determine applications for temporary approvals for Rugby World Cup related activities and facilities, as well as temporary declarations of permitted activities”. The Bill gave powers to the Minister to approve urgent recommendations made by the authority and to make declarations of permitted activities by Order in Council. It also established a liquor-licensing regime.

Hon. Trevor Mallard, MP, (Labour) summed up the feeling of New Zealand Labour: “I think it is fair to say that it is more in sorrow than in anger that the opposition is opposing this legislation.” Although Labour supported much of the Bill, Hon. Darren Hughes, MP, said “the Bill confers on the Minister far too much power and there is far too little oversight”.

Mr Keith Locke, MP, (Green) said he was “very much in favour of the Rugby World Cup…”, but that there was “no excuse to override normal process under the Resource Management Act the way the Bill does”.

The Greens worried that the Bill would loosen up liquor licensing. They also did not like that major tournament sponsors were being protected from ambush marketing “in quite a dictatorial way”.

National Members argued that the Minister was not receiving unfettered powers. Mr John Hayes, MP, (National—Wairarapa) said: “The Minister, following consultation with at least two other Ministers…can make a final decision on only the most urgent application”, and Mr Kanwaljit Singh Bakshi, MP, (National) pointed out that that the powers could be used only in times of urgency and “only during the period from 1 July 2011 until the conclusion of the tournament”.

Employment Relations Amendment Bill (No. 2) The Employment Relations Amendment Bill (No 2) had its third reading on 23 November. Its provisions included amending the Employment Relations Act 2000 by requiring a representative of a union, before entering a workplace, to request and obtain the consent of the employer or representative of the employer, and allowing any employer—not just, as previously, an employer employing fewer than 20 employees—to enter into an employment agreement with a new employee for a 90-day trial period.

The Minister of Labour, Hon. Kate Wilkinson, MP, speaking in the third reading, described the changes as “moderate, pragmatic, sensible, and fair” and went on to say that “shortly after the 2008 election, trial periods for businesses with fewer than 20 employees were introduced.

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Rather than have the sky falling in, as was hysterically proclaimed, employees of small and medium sized businesses gained the confidence to hire new employees. It is a fact that without the trial period hundreds of New Zealand workers would not have the jobs they currently do. What we knew was that employers wanted to grow their businesses and invest in more staff, but the fear of hiring someone unsuitable put them off. The Bill also…recognizes employers’ rights to manage access to their workplaces in a reasonable way while still providing unions with the right to access their members”.

Hon. Trevor Mallard, MP, (Labour) called the Bill “just a continuation of the National government’s attack on the rights of wage earners and salary earners and their conditions. Most of the amendments are unfair.

They are very unbalanced, mainly unnecessary, and certainly ideological”.

Mr Keith Locke, MP, (Green) warned that “the 90-day trial period, which is now universal, will give more power to employers against workers and against members of unions. The fundamental element of this trial period…is that a person can get sacked for no reason, whatsoever”.

The Bill passed by 64 votes to 56.

Holidays Amendment Bill Another Bill to pass its third reading by 64 votes to 56 on 23 November was the Holidays Amendment Bill. Hon. Kate Wilkinson, MP, (Minister of Labour) said that it “reduces compliance costs for employers and clarifies the law by making it simpler to understand and implement. Last year [2009] I established a working-group…to review the law and recommend practical changes. In particular, this group focused on addressing difficulties with relevant daily pay, the calculation of payment for public holidays, questions around sick leave, and allowing employees to trade one week of leave for cash”.

Hon. Trevor Mallard, MP, (Labour) said that this Bill also was “just a continuation of the National government attack on wage earners’ and salary earners’ rights, wages, and conditions.”

Mr Keith Locke, MP, (Green) expressed the Green Party’s strong opposition to the Bill: “It effectively takes away from workers their long, hard-won rights to holidays. About eight years ago we managed to get a fourth week’s holiday for all New Zealand workers—four weeks’ statutory holidays. We were catching up a bit with countries, particularly in western Europe…but the National Party was never keen on that, and the ACT Party was never keen on that. Now they are trying to erode that achievement, and the way they are doing it is to give people the right to sell off the fourth week of their holiday. The people who will sell it off are the people who most need a holiday— the people who are hardest up”.

However Hon. Sir Roger Douglas (ACT) said: “These are decisions that individual New Zealanders are fully capable of making for themselves, on whether to catch up with the mortgage, or have one week less holiday but be able to take the children away to the beach.

But no, Labour and the Green Party say: ‘We do not trust you…to be able to make those decisions’”.

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ELECTORAL REFORM AND A HEAVY LEGISLATIVE AGENDA FROM THE COALITION Between December 2010 and February 2011 Parliament considered a raft of Bills, as the coalition parties pressed ahead with their programme for government.

The House of Commons considered the European Union Bill, which requires a referendum before any further transfer of powers to the EU, the Localism Bill, which seeks to decentralise decisionmaking to local government, the Scotland Bill, which redefines the devolved powers given to the Scottish Parliament, and the Police Reform and Social Responsibility Bill, which will, amongst other things, introduce elections for police commissioners. The House of

Lord Strathclyde

Lords has been considering the Budget Responsibility and National Audit Bill, which establishes the U.K.’s fiscal council, the Office for Budgetary Responsibility, on a statutory basis; and the

Parliamentary Voting System and Constituencies Bill, which is discussed below.

Against this heavy legislative backdrop, the implications of the government’s June Budget and autumn Spending Review continue to be the centre of much political debate, including Opposition Day debates on the future of the public forests and the Educational Maintenance Allowance (money paid to teenagers who continue education after 16).

Two events, however, may have wider ramifications not just for the government’s programme, but also the way in which Parliament works: the House of Lords’ protracted consideration of the Parliamentary Voting and Constituencies Bill and a House of Commons Backbench Business Debate on voting rights for prisoners.

Parliamentary Voting System and Constituencies Bill The role of the House of Lords has been the focus of attention at Westminster over the last few weeks as it has scrutinized the Parliamentary Voting System and Constituencies Bill.

The Bill provides for a referendum to be held on the replacing the current first-pastthe-post voting system with the alternative voting system for elections to the House of Commons. In order to hold the referendum on the planned date of 5 May, the Bill had to receive Royal Assent by 16

February. The Bill would also reduce the number of Members of the House of Commons from 646 to 600 and redraw

Lord Falconer of Thoroton

consistency boundaries so that no constituency (with a couple of exceptions) would be five per cent larger or smaller than a specified quota of electors.

The Bill passed its Commons Third Reading on 2 November 2010 and proceeded to the House of Lords the following day.

It passed its second reading unopposed, but a motion by the former-Lord Chancellor, Lord Falconer of Thoroton (Labour) to have the Examiners (parliamentary officials) rule on whether it was a hybrid bill was defeated by 224 votes to 210.

There followed 17 days of consideration of the Bill in Committee of the Whole House as peers debated amendments to the Bill at length.

This was the longest that the House of Lords had sat in Committee on one Bill since

the Industrial Relations Bill of 1971.

Opening the ninth day of consideration, the Chancellor of the Duchy of Lancaster and Leader of the House of Lords, Lord Strathclyde (Conservative), accused the opposition of delaying tactics: “The opposition's approach has been consistently and deliberately slow. This time last week, the House debated the Bill for six hours, dealing with just two amendments. That is not good scrutiny; there is no precedent for moving so slowly. […] The opposition have dragged their heels; they have had their fun; it is now time for this House to behave responsibly.”

Lord Lester of Herne Hill (Liberal Democrat) also accused the opposition of a filibuster: “I do not think that we have been conducting ourselves in a reasonable way. What, therefore, is the choice now-for those on these Benches simply to collapse and give way to in effect an ultimatum or to have to use, I am afraid, the time taken night after night, if necessary, to see Committee completed?”

Lord Falconer urged the government to split the Bill into two parts – one concerning the referendum and the second concerning the membership of the House of Commons and size of constituencies. He added: “If the government insist on

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The Lord Speaker, Baroness Hayman their timetabling arrangements, we have no option but to do all in our power to ensure that the Bill gets proper scrutiny, and therefore that it will not receive Royal Assent by 16 February if it still contains Part 1 and Part 2.”

Lord Richard (Labour) denied that the opposition’s actions were inappropriate: “The government cannot expect to legislate at one and the same time on two entirely separate major constitutional issues without their being subject to detailed examination and scrutiny. Nor can they legitimately complain if that scrutiny is extensive and, indeed, extended, particularly given the size of the coalition votes in this House […]”.

The ninth day of consideration lasted for more than 20 hours – sitting continuously from 3:10 pm on Monday 17 January 2011 until 12:52 pm the following day.

The House of Lords governs its debates through self-

regulation. The Lord Speaker, a relatively new position introduced in 2006, does not select speakers or call the House to order and cannot order a Member to end their speech. Similarly, the motions which the House of Commons uses to allocate time to particular business (“guillotine motions”) have never been used in the House of Lords.

The only mechanism to force debate to a conclusion in the House of Lords is a closure motion, if agreed to this requires the House to decide the Question immediately.

Three such motions were moved, and agreed to, during consideration of the Bill. The use of the closure is so exceptional that the Lord Speaker, Baroness Hayman, read the following passage when the motion was moved: “I am instructed by order of the House to say that the motion 'That the Question be now put' is considered to be a

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most exceptional procedure and the House will not accept it save in circumstances where it is felt to be the only means of ensuring the proper conduct of

Rt Hon. David Cameron, MP

the business of the House”.

Opening the debate on the 12th day of Committee, Lord Strathclyde indicated that the government might consider an unprecedented timetabling motion to ensure the target date was met. Speaking for the Cross Benchers (independent

peers) Baroness D’Souza expressed sympathy with the opposition’s concerns, but said that their tactics could undermine the role of the House of Lords. She concluded that “we [Cross Benchers] therefore both understand the need for and urge that there be significant compromises on both sides of this House so that we may proceed with dignity and resolve”.

On 31 January the government announced that a compromise had been achieved. The government undertook to bring forward a package of concessions on key areas of the Bill at Report Stage and the ‘usual channels’ (business managers) had reached agreement to end Committee Stage by 2 February. Subsequently the Bill completed its Report Stage on 9 February and (at time of writing) seems likely to return to the House of Commons for consideration of the

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amendments agreed in the Lords on 15 February.

Backbench Business – Prisoner Voting Rights The Backbench Business Committee is a relatively new institution in the House of Commons. Introduced at the beginning of the Parliament it has so far allocated 20 days of business in the Chamber.

The most recent, and highprofile, of these was on the voting rights of prisoners.

Under U.K. law most serving prisoners are not permitted to vote. In October 2005 the European Court of Human Rights ruled (Hirst v United Kingdom) that the ban contravened the European Convention on Human Rights.

In December of 2010 the Government announced that it intended to allow prisoners serving sentences of less than four years to vote.

It did so unwillingly, the Prime Minister, Rt Hon. David Cameron, MP, (Conservative), said the

Rt Hon. Jack Straw, MP

prospect of giving prisoners the vote made him “feel physically sick”.

In January 2011 two prominent backbench MPs, the former shadow-Home Secretary, Mr David Davies, MP, (Conservative), and the former-Justice Secretary, Rt Hon. Jack Straw, MP, (Labour), requested that the

Backbench Business Committee hold a debate on the issue. The Committee agreed and the debate was held on 10 February 2011 under a motion supporting

Mr Gordon Henderson, MP

the existing ban and expressing the view that “legislative decisions of this nature should be a matter for democratically-elected lawmakers”.

Opening the debate, Mr Davies said: “When someone commits a crime that is sufficiently serious to put them in prison, they sacrifice many important rights: not only their liberty, of course, but their freedom of association [...] and their right to vote. The concept is simple and straightforward: ‘If you break the law, you cannot make the law.’”

Supporting the motion, Mr Straw argued that the issue “is a matter of penal policy, which the minority of judges at Strasbourg [...] said should be left to the U.K. Parliament.

Through the decision in the Hirst case and some similar decisions the Strasbourg Court is setting itself up as a supreme court for Europe, with an ever-widening remit”.

Speaking for the government, the Attorney General, Rt Hon. Dominic Grieve, MP, (Conservative), said he was present “to listen

to the views of the House”. He outlined the background to the Court cases and observed that one reason for the Hirst judgement was a perceived lack of debate in Parliament on the issue.

He described how the Court allowed a “margin of appreciation” to national Legislatures in deciding which prisoners should be allowed to vote, but that, according to the Court, the U.K. imposed “imposed a blanket ban, which was seen as being so indiscriminate as to fall outside the acceptable margin of appreciation.”

The Shadow Minister for Political and Constitutional Reform, Mr Chris Bryant, MP, (Labour), expressed sympathy with the motion but echoed both its movers and the Minister when he argued that it was nonetheless important to comply with the Court’s rulings. Both government and opposition

Rt Hon. Dominic Grieve, MP

frontbenches abstained in the vote.

Other Members supporting the motion included Mr Gordon Henderson, MP, (Conservative) who was sure “that the vast majority of people in Britain find quite unpalatable the idea that we should allow the vote to prisoners convicted of such serious crimes as murder,

rape and paedophiliacertainly the overwhelming majority of people in my constituency share that view.”

Mr Gary Streeter, MP, (Labour), said that “I argue that right now, on this issue, it is right for this House, today, to assert its authority. The judgment of the ECHR in the Hirst case flies in the face of the original wording and purpose of the European convention on human rights, in which it was clearly intended that each signatory should have latitude in making decisions on the electoral franchise in that country”.

Opposing the motion, Mr Tom Brake, MP, (Liberal Democrat), argued that giving more prisoners the vote would send an important message: “Release from prison is not the point at which prisoners should re-engage with society. We should be encouraging prisoners to reengage with society while they are still in prison.

“The way we treat victims says a lot about the society that we strive to be, but the way we treat prisoners also says a lot about the society that we strive to be. I do not want to shut the door on those prisoners who are ready and willing to reengage with society and sign up to the tenets that underpin it.”

Sir Peter Bottomley, MP, (Conservative) told the House that he supported the part of the motion indicating the decision should be made by Parliament but he could not think of “a single objective that is met by withdrawing the right to be registered to vote and to vote”.

The motion, which is not binding, was passed by 234 votes to 22.

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PARLIAMENT STALLED ON CORRUPTION ISSUE The winter session of Parliament held between 9 November to13 December 2010 was stalled on the issue of corruption. The opposition had demanded a probe by a Joint Parliamentary Committee (JPC) into various scams, including the second generation (2G) spectrum issue after the matter was reported in the media. The Minister of Information and Communications Technology, Shri A. Raja who tendered his resignation on 14 November 2010 was alleged to have undervalued 2G spectrum in 2008, awarding spectrum to the favoured companies who had presented incorrect information to win licenses at discount prices. Rejecting the opposition demand for JPC probe, the Leader of the Lok Sabha and the Finance Minister, Shri

Shri Pranab Mukherjee, MP

Pranab Mukherjee, MP, said that the report of the Comptroller and Auditor 74 | The Parliamentarian | 2011: Issue One

Dr Murli Manohar Joshi, MP

General (C&AG) would go to the Public Account Committee (PAC) once it was tabled in the Parliament. Taking a similar view, the Home Minister, Shri P. Chidambaram, MP, said that the demand for the JPC was meaningless as the C&AG report would go to the PAC headed by the senior BJP leader, Dr Murli Manohar Joshi.

The C&AG’s Performance Audit Report on the ‘Issue of Licences and Allocation of 2G Spectrum by the Department of Telecommunications’ was tabled in Parliament on 16 November. The report blamed Shri Raja for violating guidelines, indulging in favouritism and presumably costing the government R176,645 crores (one crore=10 million) by giving away 2G spectrum licenses in 2008 at 2001 prices to inexperienced new players. According to the C&AG report, Shri Raja ignored the suggestions of the Law Ministry, the Finance Ministry,

and even the Prime Minister.

The Department of Telecommunications did not follow its own guidelines on eligibility conditions. The entire process of allocation of licenses, according to C&AG report, lacked transparency and was undertaken in an arbitrary, unfair and inequitable manner.

An all party meeting convened by the government on 16 November to break the logjam on the issue in Parliament failed to resolve the deadlock. The stalemate over the opposition demand for a JPC probe into 2G spectrum and other scams, continued even as another all Parties' meeting held on 22 November failed to resolve the issue. In a fresh bid to break the deadlock, the government proposed that a multi-disciplinary investigative agency could be tagged along with the Public Accounts Committee (PAC) to go into the issue of 2G spectrum. This was strongly rejected by the opposition, which insisted that it would not settle down for anything less than a JPC probe. The Lok Sabha Speaker, Smt. Meira Kumar, met the leaders of various political parties on 30 November to find some sort of a consensus to end the deadlock.

In the meanwhile, Parliament remained paralyzed with virtually no business being transacted in either of the Houses over the opposition's

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demand for a JPC probe into the 2G spectrum scam. On 1 December, the appropriation Bills and supplementary

Hon. Meira Kumar, MP

demands for grants moved by Shri Mukherjee were adopted without discussion through voice vote even as the opposition members continued to disturb the proceedings demanding for a JPC. As the standoff between the opposition and the government remained unresolved, the winter session of Parliament came to an end on 13 December 2010 without transacting much business.

Later in the month, the Prime Minister, Dr Manmohan Singh, offered to appear before the PAC, which was looking into subject of ‘Recent Developments in the Telecom

Dr Manmohan Singh, MP

Sector including allocation of 2G and 3G Spectrum’. The

THIRD READING: INDIA The Foreign Trade (Development and Regulation) Amendment Bill, 2009 The Foreign Trade (Development and Regulation) Act, 1992 was enacted to provide for the development and regulation of foreign trade by facilitating imports into and augmenting exports from India and for matters connected therewith or incidental thereto.

Since the enactment of the Act, certain requirement had arisen necessitating amendments, such as: providing a statutory provision for safeguard measures enabling imposition of Quantitative Restrictions (QRs); bringing in tighter export or trade control in the case of dual – use goods and related technologies and providing enabling provisions for establishing controls as in the Weapon of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005; bringing “technology” and “services”, including financial services, within the ambit of the Act for the purpose of administering incentive schemes and other provisions of the Foreign Trade Policy; dispensing with the requirement of obtaining any license or permit for import or export except as may be provided under the Act; enabling swift and exemplary action in trade dispute matters; further rationalization as well as improvement of the system of levying and realizing fiscal penalties; empowering Customs and Central Excise Settlement Commission for settlement of customs and excise duty and interest dues; broadening the scope of word “licence” defined in the Act; and providing a provision for review of all decisions of subordinate officers by Director General of Foreign Trade.

A view emerged that the proposed amendments would enable the government to impose quantitative restrictions as a safeguard measure to provide the domestic industry a level playing field.

It was also felt that the provision of notifying all restrictions on imports and exports through the Foreign Trade Policy would ensure that all such information was available at one place therefore ensuring conformity with India’s commitments to WTO. Power of review would also ensure transparency and public accountability in the system.

Further amendments would also ensure that trade in sensitive technologies was regulated, additional modes for recovery of penalty available, and India’s growing trade in services was facilitated.

In order to achieve the said objectives the

Government brought forward the Foreign Trade (Development and Regulation) Amendment Bill, 2009, to further amend the Foreign Trade (Development and Regulation) Act, 1992. Salient features of the Amending Bill include: •

•

In order to bring in consonance the legislation with its broad based applicability the existing title of the relevant chapter of the Principal Act “Export and Import Policy’, has been renamed as “FOREIGN TRADE POLICY”; The existing Section 5 of the Principal Act has been substituted by a new Section regarding Foreign Trade Policy which empowers the Central Government to formulate and announce from time to time, through a notification in the Official Gazette, the Foreign Trade Policy.

During discussion on the legislation in both Houses of Parliament, Members by and large welcomed the Bill as well timed and an enabling measure.

Members appreciated the fact that the Bill sought to address three basic topical issues namely quantitative restrictions; regulating the trade in services and technology along with goods; and empowerment of the Ministry of Commerce to regulate the trade in Weapons of Mass Destruction.

Members also felt that the Amending Bill would undoubtedly enable the Government to impose quantitative restrictions as a safeguard measure to provide the domestic industry not only a much needed fillip but also a level playing field.

The Minister in-charge of the Bill while replying to the debate inter alia observed that through this Amending Bill the provision of Quantitative Restrictions as a trade defense measure, was proposed to be placed in the statute. The Minister further observed that while the WTO provided sanctions on Quantitative Restrictions, there was no provision under any Indian Law, which enabled such an imposition. This Amending Bill would be able to ensure that the implementation was the responsibility of the Directorate General of Foreign Trade.

The Bill was passed by Rajya Sabha on 9 August 2010 and by Lok Sabha on 12 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 19 August 2010.

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government took the position that the JPC was not necessary to look into the 2G spectrum allocation and the task could be performed by the Parliament's PAC. The opposition contended that the PAC's scope of inquiry was limited to the contents of the C&AG’s report on the 2G scam.

Another meeting between the government and the opposition Pprties was held on 8 February 2011 to break the stalemate in Parliament ahead of the Budget Session starting on 21 February 2011. The meeting, however, remained inconclusive.

Stabilizing population The issue of population growth and its stabilization was a subject of discussion in the monsoon session of the Lok Sabha. Moving a motion in this regard, the Minister of Health and Family Welfare, Shri Ghulam Nabi Azad, said the issue of population stabilization needed to be made a movement rising above the party politics. While India had

Shri Naveen Jindal, MP

merely 2.4 per cent of the total land of the world, it housed 17 per cent of the world’s population. Realizing the seriousness of the issue, it was the mid-term objective of the 2000 National Population Policy to bring down the total fertility rate (TFR) to 2.1 by 2010. Had

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this objective been achieved, the population of the country would have stabilized by 2045.

He informed that 14 states achieved this TFR by 2010 while three or four states achieved TFR between 2.8 and 3.0. The central areas of India consisting of Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh, Jharkhand and Rajasthan was the biggest cause of concern in terms of population as the TFR in these states was the highest. The biggest worry was that the practice of having five to six children in a family was still in vogue in these states and these states would account for 50 per cent of the estimated 370 million people going to be added to the population of the country between 2001 and 2026.

One of the main reasons for increase in the population was early marriage. The child marriage problem needed to be tackled to check the mortality rate and reduce the population.

There also had to be a gap of three to four years between the birth of the first and second child. This would benefit both the mother and the child and also help in reducing the population. Girls should be made to study at least up to 12th standard as by that time they would attain the age of 18 years. He requested members to take a unanimous view of the issue. The Minister informed that starting from 2010 the government would pick up 100 districts and ensure that the means of family planning reached to block level, primary health centres and sub-centres as well as every house in villages of these districts. The Minister requested the Members of Parliament and the media to create awareness among people about the need of family planning.

Participating in the debate,

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Smt. Sumitra Mahajan (BJP) stated that stabilizing the population by 2045 was not going to be an easy task, especially when girls were married off before the age of 18 years despite the existence of a law in this regard. What was required was the proper implementation of the law.

Stating that development was the best contraceptive for

Shri B. Mahtab, MP

stabilizing population, she stressed on awareness programmes to remove the sense of insecurity that the parents of daughters in rural India suffered from. She suggested giving higher benefits to the parents having fewer children. Shri Naveen Jindal (INC) said population growth adversely affected the availability of per capita land, food grains, drinking water and other essential commodities. It put pressure on health and educational facilities, employment and housing, making poor people even poorer. Since the main reasons for population growth were high fertility rate, preferences for male children, infant mortality rate, child marriage, lack of family planning services, etc, he suggested for strengthening family planning services and the primary health care facilities. He believed that education and empowerment of women would go a long way in controlling the population

growth. Shri Ghanshyam Anuragi (SP) reinforced Shri Jindal’s point about the increase in population relating to the preference for a male child, and added that there was an urgent need to make people understand that there was no difference between a daughter and a son. Highlighting the importance of women’s education, he wanted a ban on early marriage and appointment of more and more female doctors so that women could feel comfortable in approaching them regarding population control measures.

Shri Shailendra Kumar (SP) suggested for giving preference in all government facilities to the people who adopted family planning. The people’s representatives should be vigilant against child marriage and a law should be enacted with a view to increasing the time gap between the births of children.

Shri Sushil Kumar Singh (JDU) attributed the population growth directly to poverty, lack of education and awareness.

While acknowledging the role of incentives in checking population growth, he was also in favour of taking preventive measures. Shri Abdul Rahman (DMK) said the population could be stabilized by increasing the literacy rate and decreasing or wiping out the higher level of poverty. Dr Anup Kumar Saha (CPI-M) said population growth of India continued to be high on account of high fertility rate. As the female marriage age had a bearing on her fertility, there was a need to launch a sustained and vigorous campaign about the evils of early marriages. The obstacles to family planning could be overcome by improving health, education, nutrition, food security, employment and poverty alleviation. Shri S.

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Semmalai (AIADMK) wanted the government to rejuvenate the family planning programme.

He believed that education, more particularly female education, would bring miraculous change in population front. He asked the government to consider the desirability of raising the marriageable age of girls from the present 18 years to 21 years.

Shri B. Mahtab (BJD) called on focusing on districts with high population growth and hoped that it could be stabilized through awareness campaigns. Shri C. Sivasami (AIADMK) urged upon the central government to evolve a method to provide incentives to the southern states which had succeeded in effectively controlling the population growth.

Shri Yogi Adityanath (BJP) said poverty and illiteracy were the main reasons for population explosion and the empowerment of women

Shri Yogi Adityanath, MP

would go a long way in addressing the issue. He wanted a population policy that was uniformly applicable throughout the country. Shri Jayant Chaudhary (RLD) advocated for launching a joint campaign highlighting issues like welfare, development, literacy, empowerment and family planning. He was against

marriage of girls before the age of 18 years. Stating that illiteracy, a conservative

growth, Shri Ravindra Kumar Pandey (BJP) asked for a time bound programme for

approach and religious sentiments stood in the way of controlling the population

THIRD READING: INDIA The Indian Medical Council (Amendment) Bill, 2010 The Indian Medical Council Act, 1956 was enacted to provide for the reconstitution of the Medical Council of India and the maintenance of a Medical Register for India and for matters connected therewith. The Council had been mandated to make recommendations to the Central Government in matters of recognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc. Certain recent developments in the functioning of Medical Council of India affecting the standards of medical education, recognition of medical institutions etc., had shaken the confidence of the general public in the functioning of the Council, necessitating urgent remedial measures. However, it was found that the Act did not contain any enabling provision for taking over the powers of the President of the Council or superseding the Council in case of necessity. It had, therefore, been considered necessary to entrust the affairs of the Medical Council of India to a Board of Governors consisting of eminent doctors until the Council was reconstituted or a new body like the National Council for Human Resources in Health was established by suitable legislation. The government felt that more time was required to examine and harmonize the different views, and come up with an implementable and feasible model that had the consensus of all stakeholders.

In the circumstances, the government was of the view that immediate steps were required to be taken to put in place a Board of Governors to exercise the powers and discharge the functions of the Medical Council of India, bringing in transparency and accountability in carrying out the functions of the Council. Hence, it had been decided to supersede the Indian Medical Council and to appoint a Board of Governors to remain functional for a period of one year or until the Indian Medical Council was reconstituted, whichever was earlier. It had also been decided to empower the Central Government to issue policy directives to the Board of Governors or the Council, as the case may be.

As Parliament was not in session and urgent legislation was required to be made, the President promulgated the Indian Medical Council (Amendment) Ordinance, 2010 on 15 May 2010, in terms of provisions of Article 123 of the Constitution of India.

Subsequently the government brought forward the Ordinance replacing Amending Bill namely the Indian Medical Council (Amendment) Bill, 2010. Salient features include: •

• •

The Amending bill has inserted a new Section 3A which confers power upon the Central Government to supersede the Indian Medical Council and to constitute a Board of Governors.

Such a board is mandated to exercise powers and perform the functions of the Indian Medical Council; Exercise the powers and discharge the functions of the Council under the Act; and Grant independently permission for establishment of new medical colleges or opening a new or higher course of study or training.

During the discussion on the Bill in both Houses of Parliament, the core centric issue of the ordinance replacing Amending Bill was well received. Members, however, desired enactment of a comprehensive legislation addressing various issues on the medical front.

The Minister in-charge of the Bill taking note of members’ suggestions assured members of government’s keenness to address various issues involved in a further comprehensive bill.

The Bill was passed by Lok Sabha on 20 August 2010 and by Rajya Sabha on 26 August 2010.

The Bill as passed by both Houses of Parliament was assented to by the President of India on 4 September 2010.

Accordingly the Indian Medical Council (Amendment) Ordinance, 2010 was replaced by the Indian Medical Council (Amendment) Act, 2010.

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checking population explosion.

Shri P. Lingam (CPI) stated that education and economic development would help reversing the population growth. A favorable atmosphere and awareness about population control could be created by way of extended campaign involving common people with political and religious leaders.

Shri Adhir Ranjan Chowdhury (INC) suggested engaging the NGOs to educate people about the demographic

situation while trying to convert the present population into an asset. Dr Sanjay Jaiswal (BJP) said a person with more than two children should not be allowed to become a Member of Parliament or a legislator from 2012 onwards. Good financial incentives should be given to unmarried village girls passing class X and if they qualified class XII examinations, should be given another financial incentive.

Dr Botcha Jhansi Lakshmi (INC) said if the population

continued to grow at the present rate, India would overtake China by 2050 making sustainable development unattainable. It was just not the birth control but the economic development of the women with literacy which was important for population stabilization.

Dr Prabha Kishor Taviad (INC) said awareness had to be created about the benefits of having a small family with one or two children. The facility of compulsory and free education

could be extended up to the age of 18 years.

Shri Narayansingh Amlabe (INC) said the various steps

Shri Ghulam Nabi Azad, MP

THIRD READING: INDIA The National Commission for Minority Educational Institutions (Amendment) Bill, 2009 The National Commission for Minority Educational Institutions Act, 2004 had been enacted to constitute a National Commission for Minority Educational Institutions and to provide for matters connected therewith or incidental thereto.

Functions entrusted to the National Commission for Minority Educational Institutions include: advising the Central Government or any State Government on any question relating to the education of minorities that may be referred to it; and enquiring, suo motu, or on a petition presented to it by any Minority Educational Institution, or any person on its behalf into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affiliation to a university and report its finding to the appropriate government for its implementation.

The Commission which had been in existence for four years, had faced certain practical difficulties in implementing some of the provisions of the aforesaid Act. After considering views and suggestions expressed by various stakeholders, it recommended certain amendments to the aforesaid Act. The National Commission for Minority Educational Institutions (Amendment) Bill, 2009 was passed by the Lok Sabha but lapsed due to dissolution of the 14th Lok Sabha. The government thereafter proposed to introduce the National Commission for Minority Educational Institutions

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(Amendment) Bill, 2009 on the lines of the earlier aforesaid Bill which lapsed.

Accordingly the government brought forward the National Commission for Minority Educational Institutions (Amendment) Bill, 2009 to further amend the National Commission for Minority Educational Institution Act, 2004. New features of the Amending Bill include: •

•

Sub-section(2) of section 3 of the Principal Act provided that the National Commission for Minority Educational Institutions should consist of a chairperson and two members to be nominated by the Central Government. The nomination by the Central Government was increased from two members to three.

Section 10 of the Principal Act conferred right upon any person to establish a Minority Educational Institution subject to the provisions contained therein. Further, sub-section(1) of said section 10 provided that any person who desired to establish a Minority Educational Institution might apply to the competent authority for the grant of no objection certificate for the said purpose.

The Amending Bill found support of large sections of both Houses of Parliament.

The Bill was passed by Lok Sabha on 4 May 2010 and by Rajya Sabha on 5 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 16 August 2010.

taken for educating girls would definitely help in stabilizing population in the times to come.

Shri Ramashankar Rajbhar (BSP) pointed out the population had stabilized in those areas which had developed educationally and economically but much work needed to be done in those areas where poverty and superstitions existed.

Replying to the debate, Shri Azad said high population growth was a dangerous trend especially for the future generations. Every year, 27 million children were added to the population and it was difficult to keep pace with the growing population as far as food grain production was concerned.

He requested the leaders of all political parties to be extremely vigilant about child marriages. He said that he believed that there was a need to stringently implement the laws prohibiting sex determination at the time of birth because of its adverse affect on the sex ratio. Instead of stringent laws, he argued that creating awareness among people could be a more effective tool in controlling the population.

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SEVERE FLOODING AFFECTS PARTS OF AUSTRALIA

Hon. Anna Bligh, MP

During December and January severe flooding inundated parts of Queensland, New South Wales, Victoria and Tasmania.

The Queensland flood disaster was described as one of the worst in Australian history with 22 people losing their lives, and up to 500,000 square kilometres of the state including 86 towns and cities affected. Two million people were living in areas declared disaster zones. The Premier of Queensland, Hon. Anna Bligh, MP, reported approximately 28,000 homes would need to be rebuilt. Parts of the central business district of Brisbane were inundated as the Brisbane River reached the levels of the devastating1974 flood.

On 13 January Ms Bligh stated that “Queensland is reeling this morning from the worst natural disaster in our history and possibly in the history of our nation. As we look across Queensland and see three quarters of our state having experienced the devastation of raging

floodwaters, we now face a reconstruction task of post war proportions. That is how we are seeing it and that is the sort of steely determination that it will require to overcome what we have seen in the last three weeks. As we have all watched with awe at the power of Mother Nature here and Ipswich and in Brisbane, we are also very mindful that in the regions of Queensland people are still facing rising floodwaters”. Ms Bligh was widely lauded for her leadership and resolve during the crisis.

On 17 January Premier Bligh launched a statewide independent commission of inquiry to forensically examine Queensland’s unprecedented flood disaster.

The Prime Minister, Hon. Julia Gillard, MP, stated that “throughout the days of this flood crisis, the Australian Defence Force has done great work to support the people of Queensland. They have been

THIRD READING: AUSTRALIA Parliamentary Joint Committee on Law Enforcement Act 2010 This legislation establishes the Parliamentary Joint Committee on Law Enforcement by renaming and extending the powers of the Parliamentary Joint Committee on the Australian Crime Commission. In particular, the committee will now have the responsibility for scrutiny and oversight of the Australian Federal Police (AFP) as well as its existing power of scrutinising the Australian Crime Commission (ACC).

Prior to the legislation, the AFP was not subject to standing oversight by a parliamentary committee although it does appear at Senate estimates which are public hearings. In contrast, the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service and a range of defence intelligence organisations are subject to scrutiny by the Parliamentary Joint Committee on Intelligence and Security.

The AFP came under the spotlight following its role in investigating Dr Mohamed Haneef for alleged terrorist activities. The government later negotiated an out of court settlement with Dr Haneef’s lawyers for damages. The Attorney-General, Hon. Robert

McClelland, MP, stated that “the settlement itself obviously looked at damages and the impact the episode had on Dr Haneef, on his reputation, and issues of economic loss and the impact the situation has had on his earning capacity”.

Mr McClelland stated that “the establishment of the Parliamentary Joint Committee on Law Enforcement exemplifies the government’s commitment to improving oversight and accountability in relation to the exercise of the functions of Commonwealth agencies”.

The Shadow Minister for Justice, Customs and Border Protection, Mr Michael Keenan, MP, noted that “the committee will be asked to examine trends and changes in criminal activities, practices and methods and to report on any desirable changes to the functions, structure, powers and procedures of the ACC and the AFP”.

Senator Stephen Parry said “by the very nature of the work that the Australian Federal Police undertake, to be able to report to a committee that can meet in camera and can take in camera evidence and can discuss things in a far more private way, it means that parliamentary oversight becomes far more effective”.

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out there each day as floodwaters have threatened.

As the crisis has changed in its dimensions, we have stepped up Australian Defence Force efforts and we are taking a further step up today. We are bringing to bear an additional seven helicopters, that will mean that there are 15

Hon. Kristina Keneally, MP

helicopters available throughout Queensland and one of the biggest sources of work for those helicopters will be the very difficult, very urgent and occasionally heartbreaking task of search and rescue in the Lockyer Valley”.

In Victoria, flooding across the north and northwest of the state has affected 43 towns including 1400 properties and more than 3500 people. The Premier of Victoria, Hon. Ted Baillieu, MP, said the crisis was one of the worst in the state’s history. At the end of January, it was calculated that the damage to agriculture could be as much as $2 billion.

This included over 41 000 hectares of field crops, over 51 000 hectares of pasture, 83 000 tonnes of hay and silage and almost 2 000 kilometres of fencing.

The heavy rain over South East Queensland caused flooding in northern NSW, especially along rivers with headwaters in the NSW Northern Tablelands. The

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coastal flowing Clarence River and westerly flowing Macintyre River experienced major flooding. On 12 January, the Premier of New South Wales, Hon. Kristina Keneally, MP, reported that the State Emergency Service would be evacuating the entire community of Boggabilla, which has a population of 650, and Toomelah, which has a population of 200.

Ms Keneally reported that around 5,500 people were isolated in various communities across the north coast. Since December, 63 local government areas have been declared natural disaster areas due to flooding. Some communities in NSW experienced two periods of flooding in as many weeks. Ms Keneally stated that ‘”as a result of this extraordinary weather event, councils already natural disaster declared since December 1 will receive support for damage sustained in subsequent flooding from this weather pattern under their current disaster arrangements”.

The Commonwealth Treasurer, Hon. Wayne Swan, MP, commented that “there is no doubt the recent floods will rank as one of the most costly disasters in our history – with the economic toll surpassing past tragedies like the Victorian bushfires and Cyclone Tracy”.

As at 23 January, Mr Swan reported that the federal government had paid out $227 million in Australian Government Disaster Recovery Payments to people who have been affected by the floods. In response to questions about the recovery effort Mr Swan stated that “under our natural disaster relief arrangements the Commonwealth is responsible for a very substantial amount of money. I don't want to talk about the quantums at the moment, it's

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not possible to accurately say what they will be, but what I can say to you is that it looks like this is possibly going to be, in economic terms, the largest natural disaster in our history.

And of course, it will involve billions of dollars of Commonwealth money and also State government money and there's going to be impacts on local governments as well”.

The level and adequacy of flood insurance by people affected by the floods became a key issue in the aftermath of the floods. Mr Swan stated that “when it comes to those that have policies, what we want to see from the insurance companies is a degree of compassion, giving people the benefit of the doubt but what we also know is that there will be a number of people who have no coverage at all. Where there is a dispute with an insurance company that will need to be resolved quickly and fairly and we’ve talked to the industry about that, but over and above that we are going to have to somehow generate the resources from our whole community to support those who’ve got no support at all and

Hon. Wayne Swan, MP

that’s going to be a very big issue in the days, weeks, months and years ahead”.

The Commonwealth government indicated that it would be funding over $5

billion in infrastructure repairs and replacement. In a controversial decision, the

Hon. Joe Hockey, MP

government decided to fund $1.8 billion of this work through a temporary fund reconstruction levy which would apply on a one-off basis to individual tax payers for 2011-12. The opposition indicated that it would oppose the flood levy on the grounds that savings should be found in the budget.

The Shadow Treasurer, Hon. Joe Hockey, MP, commented that “we believe that the government must do whatever it takes and whatever is required to rebuild infrastructure, rebuild communities and rebuild families as quickly as possible”.

However, Mr Hockey noted that the coalition would not support a levy. He added that the coalition when it had been in government had introduced levies to fund specific measures and observed that the government’s levy was far larger than those used by the coalition. He stated that the proposed flood levy “raises on a yearly average more than three times the annual amount of any levy introduced under the previous coalition government. It is far bigger than the Ansett levy, the gun buyback levy and so on, none of which actually amounted to more than $500 million a year”.

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The Australian Greens reported that they would support the flood levy in the House of Representatives and the Senate after important gains from the government on

their proposed funding cuts.

Senator Bob Brown, Leader of the Australian Greens, stated that “the Greens have taken our concerns directly to the government and have

negotiated a good outcome that will release funding for flood recovery and protect key programmes. On 24 February the Tax Laws Amendment (Temporary Flood

Reconstruction) Bill 2011 and the Income Tax Rates Amendment (Temporary Flood Reconstruction Levy) Bill 2011 both passed the House of Representatives 72 votes to 71

THIRD READING: AUSTRALIA Territories Law Reform Act 2010 The Territories Law Reform Act 2010 amends the Norfolk Island Act 1979 to strengthen Norfolk Island governance and financial management. At the same time, the legislation enhances the transparency and accountability framework applying to the Norfolk Island Government and its administration.

The reforms stem from the Joint Standing Committee on the National Capital and External Territories 2003 report Quis custdiet ipsos Custodes?: Inquiry into Governance on Norfolk Island. The committee stated that it “seeks to preserve the principle of self-government for the Island and to make it more effective through the introduction of a similar range of accountability and transparency mechanisms that apply to all levels of government elsewhere in the nation”.

Some of the key measures include reforms to the voting system, higher levels of accountability and transparency in the procedures and practices of the Norfolk Island Legislative Assembly, and provision for the Governor-General and the responsible Commonwealth Minister to take a more active role in the introduction and passage of Norfolk Island legislation.

The enhanced public accountability measures will include finance and performance audits, access to an Ombudsman, protecting the disclosure of personal information to public agencies and the availability of merits review of decisions which affect rights and entitlements. Some of the key governance reforms include prescribing a process for selecting and dismissing a Chief Minister and ministers, as well as determining their roles and responsibilities.

In relation to financial management, the legislation “establishes a customised and proportionate financial framework which provides for the responsible management of public money and public property, preparation of budgets, financial reporting, annual reports and procurement”. The Minister for Regional Australia, Regional Development and Local Government, Hon. Simon Crean, MP, stated that “the Commonwealth government is committed to assisting Norfolk Island in implementing this framework effectively and to this end the amendments also provide for the appointment by the Commonwealth of a Commonwealth Financial Officer for Norfolk Island should this be required”.

The legislation provides for the appointment of the Commonwealth Auditor-General to conduct audits of the Norfolk Island administration’s financial statements.

The Shadow Minister for Justice, Customs and Border Protection, Mr Michael Keenan, MP, noted that while the coalition supports the legislation in principle, we are “concerned about the increased bureaucratic processes that this bill entails, and we believe they will

place in some circumstances an undue burden on Norfolk Island’s limited public service”.

When the Territories Law Reform Bill was first introduced, the Norfolk Island Government was opposed to the legislation on the grounds that they believed it reduced their right to self government.

However, as Norfolk Island Government’s financial position deteriorated they reversed their position and supported the legislation. Mr Keenan stated that “Norfolk Island has some significant financial difficulties and as a result the Commonwealth has them somewhat—to use the phrase—over a barrel, and they do now support the Bill”.

Notwithstanding the Norfolk Island Government’s support for the legislation, Mr Keenan stated that “the opposition still believe that it makes very little sense for us to inflict the full horror of Australian bureaucracy on an island of 1,500 people and we will seek to move what we believe are sensible amendments to at least allow the Norfolk Island administration to attempt to do some of the things in a way that might be more appropriate for an island of their size; specifically we would like to do that in relation to privacy provisions and the freedom of information regime”. While the coalition moved amendments in the House of Representatives, it did not seek a division when the amendments were put.

Sen. the Hon. Alan Ferguson, a member of the Joint Standing Committee on the National Capital and External Territories, noted the work of the committee and the divergence of views on Norfolk Island as to the best way forward. Senator Ferguson stated that “we have seen a change of heart from the people of Norfolk Island and the Legislature on Norfolk Island, because it is only some six to nine months ago that we held a public inquiry there on this legislation where the island’s government and many members of the population were totally opposed to what was proposed by the government”.

Senator Ferguson concluded that “while this spirit and mood of cooperation are in place, we should tackle some of the other very difficult problems that currently face Norfolk Island to maintain its economy and to improve quality of life for the people on that island”. He commended “the work of the former chair of the joint committee, Senator Kate Lundy, who for the past three years has worked very closely with the Norfolk Island people and, I think, has helped to get us to the position we are in today”.

Sen. the Hon. Kate Lundy commended the legislation to the Senate and noted that “the members of that committee have worked very hard with the people of Norfolk Island to come up with the right model of reform to allow Norfolk Island to progress its accountability, transparency and governance reforms”.

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votes. The Bills were before the Senate at the time of reporting.

Senate powers debated Section 53 of the Australian

Senator Bob Brown

constitution places limits on the types of laws that can originate in the Senate.

Section 53 states in full: Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or

Senator Fiona Nash

appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing

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taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

The interpretation of section 53 has been the subject of ongoing dispute between the Houses. The most recent dispute involves the passage through the Senate of the Social Security Amendment (Income Support for Regional Students) Bill 2010. This is a private senator’s bill introduced

by Senator Fiona Nash.

The Prime Minister rejected the Bill as unconstitutional. Ms Gillard stated that “money Bills can only become law in the country if the government agrees to them. That’s why they call it the Treasury benches when you sit on the government side”.

However, the Clerk of the Senate, Dr Rosemary Laing, provided advice to a Senate Committee, responsible for scrutinizing the Nash Bill, in which she argued that the Bill was indeed constitutional. Dr Laing indicated that there was often confusion in such terms as “money Bill”, “tax Bills” and “budget measures.” Senate practice states that the “conceptual confusion

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surrounding these categories of Bills occurs because these terms are used as if they are interchangeable without any regard to the distinction between them”.

Senate practice further states that “appropriation Bills

Dr Rosemary Laing

and tax Bills are the only categories of Bills because they are the only categories which are given special treatment by the constitution. All other Bills are treated alike and the Houses have equal power in relation to them.

Dr Laing makes the point that the Social Security Amendment (Income Support for Regional Students) Bill is not a Bill that appropriates money.

The source of appropriation is funded by a special or standing appropriation of indefinite amount in section 242 of the Social Security (Administration) Act 1999. The appropriation provision has the effect that any entitlements are automatically paid regardless of amount or duration.

Dr Laing concludes that “where an appropriation is already of an indefinite amount, it is difficult to argue that any policy decision would increase demand on a fund which is both undetermined and indeterminable”.

As a comparison with previous practice, Dr Laing

draws attention to two Bills initiated in the Senate and later considered by the House of Representatives.

First is the Urgent Relief for Single Age Pensioners Bill 2008, a private senator’s Bill which provided for an increase in the aged pension.

The House of Representatives declined to consider this Bill. In contrast the National Health Amendment (Pharmaceutical Benefits) Bill 2007 was a government Bill introduced in the Senate and later passed in the House of Representatives. This Bill created an entitlement to pharmaceutical benefits in respect of prescriptions issued by optometrists, to be funded out of a standing appropriation in the principal Act. Dr Laing concluded that “these Bills are equivalent, in all constitutional respects, of Senator Nash’s Bill…the only difference in their treatment by the House of Representatives was that one

Hon. Harry Jenkins, MP

was a government Bill and one a private senator’s Bill”.

On 21 February the House of Representatives received Senator Nash’s Bill. The Speaker, Hon. Harry Jenkins, MP, circulated advice from the Clerk of the House of Representatives, Mr Bernard Wright. Mr Wright noted that “in House practice and

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AUSTRALIA

Mr Bernard Wright

standing orders Bills which will increase expenditure under a standing appropriation are themselves Bills appropriating revenue or moneys”. Mr Wright concluded that “if a motion affirming the practice of the House and proposing that the Bill should not be considered is lost the House would be in unchartered waters because the standing orders do not contemplate that a Bill characterized as appropriating revenue or moneys could be received from the Senate; nor do they contemplate that such a Bill could proceed under the sponsorship of a private member”.

Mr Jenkins cautioned the House against supporting the Bill. Mr Jenkins stated that Senator Nash’s Bill “provides for increases in payments that are funded by means of standing appropriations in the Social Security Administration Act. “I understand further that House practice has been that such Bills are proposed laws appropriating revenue or moneys, and that they require a message from the Governor-General in accordance with section 56 of the constitution”.

The leader of the government in the House of Representatives, Hon. Anthony Albanese, MP,

commented that “if the Bill were enacted an additional amount of approximately $90 million would be appropriated on an annual basis. This would be an increase to 2013-14 of approximately $272 million”.

On the question that the House affirm the Speaker’s position, the motion was supported 73 votes to 71, and therefore Senator Nash’s Bill was not considered by the House of Representatives.

State dispute reveals differing committee practices between the federal Houses The New South Wales

Hon. Anthony Albanese, MP

Parliament has been involved in a dispute between the executive and the Legislature over the power of parliamentary committees following the prorogation of the Parliament on 22 December 2010. The Legislative Assembly was scheduled to be dissolved on 4 March 2011 ahead of a state election on 26 March.

On 23 December, the day after prorogation, the Legislative Council General Purpose Standing Committee No. 1 announced an inquiry into aspects of the Government Energy Reform Strategy announced on 15 December. The committee indicated its intention to call

for submissions and conduct public hearings during the prorogation period.

Ms Keneally disputed the power of the committee to conduct business during the prorogation and released Crown Solicitor’s advice supporting this position. She reported that the NSW Crown Solicitor advised that “a standing committee of the Council cannot sit or transact while the Council is prorogued unless it has legislative authority to do so” and such action by a standing committee would be “unconstitutional”.

In addition, Ms Keneally noted advice from the Crown Solicitor that “there is a risk that statements made and documents provided to the committee would not be protected by parliamentary privilege”.

In contrast to this advice, the Clerk of the Legislative Assembly, Ms Lyn Lovelock, is reported to have advised the Chair of the Committee, Rev. the Hon. Fred Nile, MLC, that he has the power to establish the inquiry and conduct business.

On 6 January the Premier reversed her opposition to the inquiry and indicated that

Rev. the Hon. Fred Nile, MLC

she and the Treasurer would appear before the committee.

Ms Keneally stated that “while the Crown Solicitor’s

legal advice is abundantly clear that the committee is unconstitutional and is unable to compel witnesses – I have decided that the Treasurer and I will attend voluntarily, along with members of the electricity bid project team, to answer any questions this group of MPs want to put to us”.

At the federal level, the House of Representatives and the Senate have opposing views as to the effect of prorogation on the activities of parliamentary committees. House of Representatives Practice states that “for constitutional reasons, committees of the House and joint committees appointed by standing order or by resolution for the life of the Parliament continue in existence but may not meet and transact business following prorogation”.’

In contrast, the Senate has a different position. Odgers’ Australian Senate Practice states that “most Senate committees are empowered to continue their operation regardless of the prorogation of the Parliament or the dissolution of the House of Representatives, either of which occurrences terminates a session of Parliament”.

In particular, Senate Practice states that “on many occasions, Senate committees have continued their activities after the dissolution of the House of Representatives or prorogation of Parliament, including by taking evidence and presenting reports”.

Senate Practice concludes that “the power of the Senate to authorize its committees to meet derives from the Senate’s character as a continuing House and from the constitution”.

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CANADA

THE SENATE: THE CHAMBER OF “SOBER SECOND THOUGHT” Canada’s constitution states that both the Senate and the House of Commons must approve Bills in order for them to become law. Bills may be introduced in either Chamber, but must be adopted by both in order to receive royal assent.

The Canadian Senate is composed of 105 Members, all of them appointed by the Governor General on the recommendation of the Prime Minister, and they may hold office until the age of 75.

The Senate is often criticized for being “unelected” and its reform has been the subject of study, and several legislative proposals, for many decades.

Bill S-8, an Act respecting the selection of Senators, is the most recent example of a Senate reform Bill. This Bill, reintroduced at the beginning of the current session of Parliament, would establish a framework for electing nominees for Senate appointments from the provinces and territories. The Bill is still at the first reading stage.

The fact that Senators are appointed for a significant length of time does contribute to stability in the upper House.

However, the long tenure of Senators can lead to some political challenges when there is a change of government in the House of Commons. The political shift in the House is not, of course, automatically reflected in the Senate 84 | The Parliamentarian | 2011: Issue One

membership. It is through a series of appointments, happening over a period of time, that the governing party in the House of Commons may eventually obtain a majority of seats in the Senate. Until this happens, the government may find it faces a challenge in terms of the adoption of legislation. For example, this was the case recently in Canada, where the governing Conservative Party in the House of Commons did not have a majority of seats in the Senate. The government had introduced several crime Bills in the House of Commons that were adopted quickly in the House of Commons and then referred to the Senate for its approval. The Liberaldominated Senate chose to study them at length, leading to claims that they were deliberately delaying passage of the Bills.

Legislative developments Very few government Bills were introduced in the last few months and very few of them have progressed beyond the first reading stage. Many of the bills that were introduced were components of the Conservative government’s agenda on crime related issues. One example is Bill S10, an Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts,

which was introduced in the Senate. This Bill amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis production, as well as requiring that a review of that Act be undertaken and that a report be submitted to Parliament following this review.

Another interesting Bill introduced by the government in the Senate was in relation to Canada’s unique bi-juridical and bilingual legal system. The Canadian legal system is composed of two legal traditions, the civil law tradition in the province of Québec and the common law in the rest of Canada. The country also has two official languages, French and English. All federal legislation and regulations are enacted in both languages.

On 20 October 2010, the Leader of the Government in the Senate introduced Bill S-12, a third Act to harmonize federal law with the civil law of Québec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law (Federal Law–Civil Law Harmonization Act, No. 3), in the Senate and it was given first reading. It was adopted by the Senate in December and is now at the first reading stage in the House of Commons.

This is the third harmonization Bill to be tabled

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CANADA

by the government in conjunction with the harmonization initiative that was begun by the Department of Justice Canada following the coming into force of the Civil Code of Québec in 1994. The two previous harmonization statutes (Federal Law – Civil Law Harmonization Act, No. 1 and Federal Law – Civil Law Harmonization Act, No. 2) came into force in 2001 and 2004 respectively.

The goal of these harmonization Bills is to review federal statutes to ensure that they properly reflect both legal traditions in both languages.

Hon. Rob Nicholson, MP

When he appeared before the Senate Committee on Legal and Constitutional Affairs for Bill S-12, the Minister of Justice, Hon. Rob Nicholson, MP, declared: “The view of our government is clear: Harmonization is essential to provide all Canadians with equal access to the law. It therefore responds to the need to ensure that four legal audiences — francophones governed by civil law, anglophones governed by civil law, anglophones governed by the common law and francophones governed by the common law — are able to read in the official language of their choice federal statutes and regulations that use terminology that respects the

THIRD READING: QUÉBEC Code of ethics and conduct of the Members of the National Assembly The Code of ethics and conduct of the Members of the National Assembly (Bill 48) was passed on 3 December 2010. The Code defines the values the Members of the National Assembly must adhere to, such as social justice, integrity and honesty. It also establishes the rules of conduct to be observed by Members on matters such as incompatible offices or posts, conflicts of interest, remuneration, gifts and benefits and the use of State property. It requires Members to file a statement disclosing their private interests and those of their family members. It also sets out special rules of conduct for Cabinet Ministers. Lastly, an Ethics Commissioner appointed by the Assembly is responsible for the administration of the Code and is accountable for it before the Assembly.

Election contributions The Act to put a stop to election contributions in the name of another (Bill 113) was passed on 8 December 2010. The Act amends the Election Act to reinforce the provisions prohibiting the making of contributions to a political party, a party authority, an independent Member or an independent candidate, in the name of another. Fines for contravening the Act have been increased and the conclusion of public contracts are prohibited, for a period of up to five years, with a natural or legal person who has been convicted of an offence relating to contributions, or with a legal person or partnership one of whose directors, officers or partners has been convicted of such an offence. Lastly, the total of contributions that may be made by the same elector annually has been lowered from $3,000 to $1,000.

The Act to increase the powers of oversight of the Chief Electoral Officer (Bill 114) was passed on

concepts, rules and institutions relevant to the legal system that applies to them.”

The Québec civil law already existed in both official languages; however, this was not true for common law. This exercise has had a major impact on the development of common law terminology in French.

9 December 2010. All contributions to political parties will be verified by the Chief Electoral Office and only those made in accordance with the law will be placed at the disposal of parties and candidates.

Financing of political parties The Act respecting the financing of political parties (Bill 118) was passed on 10 December 2010.

The Act increases the annual allowance paid to authorized political parties from $0.50 to $0.82 per elector, thus reducing the dependence of political parties on private financing.

Childcare services The Act to tighten the regulation of educational childcare (Bill 126) was also passed on 10 December 2010. The Act provides that the conditions that apply to the directors of a legal person who holds a daycare centre permit are now applicable to the legal person’s shareholders. The maximum number of facilities in which a childcare centre may provide educational childcare is set at five. The maximum number of subsidized childcare spaces that may be granted to the same permit holder is set at 300. The Minister of Families is to allocate subsidized spaces on the recommendation of an advisory committee the composition of which is defined in the Act. Pension plans The Act to amend various provisions respecting supplemental pension plans, particularly concerning payment options in the event of an employer’s insolvency (Bill 129) was also passed on the same day. If a plan is terminated by reason of insolvency, members of the plan will be able to choose between receiving pension or annuity payments, minus a certain percentage, or entrusting the administration of their retirement fund to the Régie des rentes for five years with a guaranteed floor.

Another interesting event occuring recently in the Senate was the defeat in second reading of a Private Member’s Bill that had been previously adopted in the House of Commons. Bill C-311, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, was introduced in March 2010 by

Mr Bruce Hyer, MP, (New Democratic Party).

The purpose of this Bill is to ensure that Canada meets its obligations under the United Nations Framework Convention on Climate Change by committing to a long-term target to reduce Canadian greenhouse gas emissions to a level that is 80 per cent below

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PARLIAMENTARY REPORT

the 1990 level by the year 2050.

The Bill also creates an obligation on the Commissioner of the

Mr Jack Layton, MP

Environment and Sustainable Development to review proposed measures to meet the targets and submit a report to Parliament. This Bill was adopted by a majority of the House of Commons, without the support of the Conservative government. It was then referred to the Senate for its approval. The Bill was debated several times at the second reading stage.

Back in November 2010, the Conservative Party, which was the governing party in the House of Commons, did not yet have a majority in the Senate (this majority was achieved soon after in December, with the retirement of a Liberal Senator). However, the government called a snap vote on this Bill in the Senate, while some Liberal opposition Senators were away, which resulted in the bill being defeated at second reading.

It is a rare occurrence for the Senate, composed of appointed members, to defeat a Bill that had been adopted by the elected House of Commons. This event generated a debate on the role of the Senate, in which some even challenged the relevancy of this Chamber. In a press

CANADA

release, the leader of the New Democratic Party, Mr Jack Layton, declared: “This is a truly offensive act against Canadians and demonstrates once again why it’s long past time to abolish the unnecessary and undemocratic Senate.”

Several media reports indicated that other Private Member’s Bills adopted by the House of Commons were likely to be defeated in the same way as Bill C-311.

Commons in conflict The House of Commons might not have seen a tremendous amount of legislative activity in the last few months; however, other events have caught the attention of several parliamentary committees and generated significant media attention. On 23 November 2010, Mr Thomas Mulcair, MP, (New Democratic Party), rose on a question of privilege in the House of Commons to claim that the distribution of a confidential draft report of the House of Commons Standing Committee on Finance, prior to

Mr Thomas Mulcair, MP

its presentation to the House, constituted a prima facie question of privilege. The breach took place in the office of Conservative Member Ms Kelly Block, MP. A member of her staff circulated the confidential draft report to five

86 | The Parliamentarian | 2011: Issue One

registered lobbyists. The Speaker of the House of Commons initially took the matter under advisement.

On 29 November 2009, the Speaker ruled that the question raised by Mr Mulcair did constitute a prima facie question of privilege.

The Speaker first noted that as a matter of practice, it was not normally his role to get involved in matters arising out of committee proceedings.

However, in this case, he noted that the House of Commons was in receipt of the seventh report of the House of Commons Standing Committee of Finance, which reported to the House the potential breach of privilege resulting from the release of its confidential draft report in respect of its pre-budget consultations for 2010.

In his ruling, the Speaker relied on the principle that committee reports must be presented to the House before they can be released to the public, and that any disclosure of the report’s content before it is tabled in the House may be considered a breach of privilege. The Speaker noted Ms Block’s timely action in dismissing the member of her staff responsible for the distribution of the confidential report, and her apology to the Finance Committee and the House of Commons.

Following the Speaker’s ruling, the question of privilege was referred to the Commons Standing Committee on Procedure and House Affairs.

The committee undertook a study and called several witnesses. The Committee was to table a report in the House on this question of privilege.

Another issue that has generated much debate in the House of Commons was the government’s decision to continue with a plan to cut

income tax on corporate profits. This plan was introduced in 2007 and has since been gradually reducing the income tax rates

Mr Scott Brison, MP

for corporations.

The opposition parties were against these particular tax cuts as they deprived the federal government of about 6 billion dollars in tax revenue in a time of recession. In February 2011, a motion was introduced by Mr Scott Brison, MP, (Liberal) to denounce the government’s decision to proceed with this tax cut for corporations.

The motion called on the government to reverse these tax cuts and restore the tax rate for large corporations to 2010 levels in the upcoming Budget. The motion was adopted by a majority of the House of Commons, composed of all three opposition parties.

This action did not defeat the Conservative minority government as the vote was not on a motion of nonconfidence. However, if this tax cut was part of the 2011 Budget, the vote on the budget could have toppled this minority government.

[Editor’s Note: The government lost a confidence vote in late March. An election was called for 2 May.]

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THE CPA ORGANIZATION

CPA ORGANIZATION Commonwealth Parliamentary Association Executive Committee and Secretariat, Commonwealth Women Parliamentarians Steering Committee and Branches of Association CPA Executive Committee PATRON: H.M. Queen Elizabeth II (Head of the Commonwealth) VICE-PATRON: Rt Hon. David Cameron, MP (Prime Minister, United Kingdom)

Officers President: Rt Hon. John Bercow, MP (Speaker of the House of Commons, United Kingdom) Vice-President: Hon. Chamal Rajapakse, MP (Speaker of Parliament, Sri Lanka) Chairperson of the Executive Committee: Hon. Mohd Shafie Apdal, MP (Minister of Rural and Regional Development, Malaysia) Vice-Chairperson of the Executive Committee: Hon. Marwick Khumalo, MP (Swaziland) Treasurer: Hon. Hashim Abdul Halim, MLA (Speaker of the Legislative Assembly, West Begal Chairperson of the CWP: Hon. Alix Boyd Knights, MHA (See Caribbean, Americas and Atlantic Region)

Hon. Asser Kuveri Kapere, MP (Chairperson of the National Council, Namibia Branch)

Hon. Ernest M. Britto, MP (Minister for the Environment and Tourism, Gibraltar)

Rt Hon. Henry Chimunthu Banda, MP (Malawi)

Mr Hugh Bayley, MP (United Kingdom)

Hon. Muyali Boya Mary epse Meboka, MP (Cameroon)

Dr Aristos Aristotelous, MP (Cyprus)

Hon. Sada Soli Jibia, MP (Nigeria)

CANADA

ASIA

Hon. George Hickes, MLA (Speaker of the Legislative Assembly, Manitoba)

Hon. Kiramatullah Khan, MP (Speaker of the Provincial Assembly, Northwest Frontier Province)

Mr Joe Preston, MP (Canada) Hon. Dale Graham, MLA (Speaker of the Legislative Assembly, New Brunswick )

Hon. Abdul Hamid, MP (Speaker of Parliament, Bangladesh)

CARIBBEAN, AMERICAS AND ATLANTIC

Ms Nafisa Shah, MP (Pakistan)

Hon. Hari. N. Ramkarran, SCC, MP (Speaker of the National Assembly, Guyana)

AUSTRALIA

Regional Representatives AFRICA Hon. Marwick Khumalo, MP (Swaziland) Hon. Job Yustino Ndugai, MP (Tanzania)

BRITISH ISLANDS AND MEDITERRANEAN

Hon. Michael Polley, MP (Speaker of the House of Assembly, Tasmania)

Hon. Kelver Darroux, MP, (Acting Regional Representative, Dominica)

Sen. the Hon. John Hogg (President of the Senate, Australia) Hon. John Mickel, MP (Speaker of the Legislative Assembly, Queensland

Hon. Julianna O’ConnorConnolly, JP, MLA (Deputy Premier, Cayman Islands)

The Parliamentarian | 2011: Issue One | 87

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THE CPA ORGANIZATION

INDIA

SOUTH-EAST ASIA

Hon. Tanka Bahadur Rai, MLA (Speaker of the Legislative Assembly, Assam)

Dr Mohamad Maliki Osman, MP (Singapore)

Smt. Meira Kumar (Speaker of the Lok Sabha, India) Shri Sardar Harmohinder Singh Chatha (Speaker of the Legislative Assembly, Haryana)

PACIFIC Hon. Dr Tetaua Taitai, MP Kiribati Hon. Bill Vakaafi Motufoou, MP (Niue)

Hon. Datuk Ronald Kiandee, MP (Malaysia) Hon. Dato’ Seri DiRaja Syed Razlan Syed Putra, MLA (Perlis, Malaysia)

CPA Regional Secretaries AFRICA Dr Thomas Kashililah (Parliament of Tanzania)

BRITISH ISLES & MEDITERRANEAN

Commonwealth Parliamentary Association Secretariat

Mr Andrew Tuggey (Parliament of the United Kingdom)

Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org

CANADA Mr Blair Armitage (Parliament of Canada) CARIBBEAN, AMERICAS & ATLANTIC

Secretary-General: Dr William F. Shija

Ms Jacqui Sampson (Parliament of Trinidad and Tobago)

Director of Communications and Research: Mr Andrew Imlach

INDIA Shri T.K. Viswanathan (Parliament of India)

Director of Administration and Finance: Mr David Broom

PACIFIC ASIA

Ms Moana Mackey, MP (New Zealand )

Mr Dhammika Dasanayake (Parliament of Sri Lanka)

Mr Rafael Gonzalez-Montero (Parliament of New Zealand) SOUTH-EAST ASIA

AUSTRALIA Mr Andres Lomp (Parliament of the Commonwealth of Australia)

Mrs Roosme Hamzah (Parliament of Malaysia)

A full listing of the CPA Branch Directory can be found at: www.cpahq.org.

Commonwealth Women Parliamentarians: Steering Committee

PRESIDENT

ASIA

CANADA

INDIA

Rt Hon. Baroness Hayman (United Kingdom)

Dr the Hon. Sudharshanee Fernandopulle, MP (Sri Lanka)

Hon. Maria Minna, PC, MP (Canada)

Hon. Km. Selja, MP (Minister of State in the Ministry of Housing and Urban Poverty Alleviation, India)

CHAIRPERSON AUSTRALIA Hon. Alix Boyd Knights, MHA (Speaker of the House of Assembly, Dominica) AFRICA Rt Hon. Rebecca Kadaga, MP (Deputy Speaker of the Parliament, Uganda)

CARIBBEAN, AMERICAS AND ATLANTIC

PACIFIC Ms Lisa Baker, MLA (Western Australia) BRITISH ISLANDS AND MEDITERRANEAN Hon. Justyne Caruana, MP (Malta)

88 | The Parliamentarian | 2011: Issue One

Hon. Dancia Penn, OBE, QC, MHA (Deputy Premier of the British Virgin Islands )

Hon. Va’aiga Tukuitoga, MP (Niue) SOUTH-EAST ASIA Hon. Dato’ Noraini Ahmad, MP (Malaysia)

Inside back cover:Layout 1 15/04/2011 14:38 Page 37

CPA SHOP CPA pens

CPA silver-plated cardholders

Silver-plated photoframe, clock and pen in holder

CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom

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