TheParliamentarian Journal of the Parliaments of the Commonwealth
2013 | Issue Three XCIV | Price £13
INSPIRING WOMEN:
Putting women at the top of the political agenda PAGE 174, 176 and 178
PLUS Legitimizing regime change: Fiji’s new constitution and the 2014 election PAGE 182
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Measures of a healthy Parliament PAGE 186
Improving oversight of government in Zanzibar’s House of Representatives
The significance of developing Centres of Parliamentary Studies and Training (CPSTs)
PAGE 194
PAGE 202
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Calendar of Events 2013 November 13-14
Post-Election Seminar, Cayman Islands
15-17
Commonwealth Heads Of Government Meeting (CHOGM), Colombo, Sri Lanka
December 5-7
Parliamentary Staff Development Workshop for the Africa Region, KwaZulu Natal, South Africa
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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In the next issue of The Parliamentarian... 59 COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 28 August - 6 September 2013 TH
“Effective solutions to Commonwealth Developmental Challenges”
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CONTENTS
2013: ISSUE THREE
182
178 Journal of the Parliaments of the Commonwealth Vol. XCIV 2013: Issue Three 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 Acting Editor and Designer: Lisa Leaño Front cover Elevated view of multicultural group of women © Shutterstock
COMMENT
MAIN ARTICLES
Inside Issues
Enlivening women’s engagement with Parliament
Measures of a healthy Parliament
Page 174
Page 186
Putting women in public life in Wales at the top of the political agenda
Parliament and public policy
The changing face of the Commonwealth and the CPA Page 164
View from the Chair
Forming strong bonds through the Commonwealth Mentoring Programme Page 166
View from the CWP
Mrs Rosemary Butler, AM Page 176
View from the Secretary-General
Constitutional reform secures women’s future political aspirations in Samoa
A final farewell Page 168
Caring for an ageing population Page 170
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The Office of the Clerk of the National Assembly Page 178
Legitimizing regime change: Fiji’s new constitution and the 2014 election Dr Steven Ratuva Page 182
Mr Tom Duncan
Shri Satya Narayana Sahu Page 190
Improving oversight of government in Zanzibar’s House of Representatives Mr Mussa Kombo Bakari Page 194
Fostering a community of practice among parliamentary budget offices of the Commonwealth Mr Usman W. Chohan Page 198
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194
190
The significance of developing Centres of Parliamentary Studies and Training (CPSTs) Mr Murumba Werunga Page 202
Benchmarking 2.0: improving parliamentary performance in a tech-enabled world Page 206
Fiscal policy for extractive industries Page 212
NEWS
DIRECTORY
Parliamentary news:
CPA organization
New Zealand, Canada, Australia, United Kingdom and India. Page 217
Page 229
Annual subscription (four issues) £38 post free UK: Worldwide: £40 surface post £46 airmail Price per issue U.K.: £13 Worldwide: £14 surface post £15 airmail Online Click the link on the Commonwealth Parliamentary Association website: www.cpahq.org iPad , iPhone App On sale from the iTunes Store in “Business” or “News and Politics” 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.
Promoting sustainable forest management
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INSIDE ISSUES
The changing face of the Commonwealth and the CPA The Acting Editor’s note
As 2013 draws to a close, it has been an eventful last few months at the CPA Secretariat. With the conclusion of the 59th Commonwealth Parliamentary Conference in South Africa, preparations have already begun for next year’s annual conference which will take place in Cameroon. The conference always provides a useful platform for members to exchange ideas and this year’s conference, proved to be just as fruitful, where discussions focused upon striving to achieve the values and aspirations contained within the Commonwealth Charter. A full report on all workshops and associated meetings will be featured in Issue Four of The Parliamentarian. For an organization as long established as the CPA, undergoing great levels of change is inevitable and usually effected for the greater good. In the five years since I joined the CPA, I’ve witnessed; Rwanda join the Commonwealth family – and The Gambia recently leave – two CPA Chairpersons and now my third CWP Chairperson in the name of Speaker Rt Hon. Rebecca Kadaga, MP, of Uganda. One of the most notable changes, however, particularly as I write my first editorial note, is the departure of two long-service staff members - Mr Andrew Imlach, former Director of Communications and Research and Editor of The Parliamentarian and
Ms Christine Tina) Ngwira, former Assistant Director of Conference and Events. Under the supervision of Mr Andrew Imlach, I learned a great deal not only about the working of the organization and its objectives, but drew from the girth of his parliamentary expertise. Ms Tina Ngwira’s strength of character enabled the Secretariat to organize the successful running of the annual conference and Executive Committee meetings. They each had a distinguished service of more than 30 years with the CPA Secretariat. In short, they will both be missed, and I know that members who had the pleasure of meeting or working with Andrew and Tina will join me in wishing them the best for the future. The implementation of the CPA Business Plan 2013-15 will be the foundation to cementing positive changes for the future of the Association. Developed with the help of the Cass Business School’s Centre for Charity Effectiveness (Cass CEE), the plan aims to deliver on the objectives outlined in the Association’s Strategic Plan 2015, through a series of key activities and activity measures. To illustrate, the first strategic objective states: To assist Members and Branches to adopt good practice of democratic governance and to strengthen the institution of Parliament and the rule of law.
To achieve this, the Association will, among other initiatives, use successful programmes and practices already tested by the Association and further develop innovative methods and techniques appropriate to the CPA’s mission. What the Association sees as its desired outcome for 2015 will be more effective, independent and representative Parliaments, exchanging good practice, and taking a continued interest in the Commonwealth. Encouraging gender equality and proportional representation of women in Parliament remains a hotly discussed issue not only for Commonwealth women Parliamentarians, but across the global political sphere. Issue Three starts with not only one, but three articles, detailing initiatives and programmes designed to encourage more women to enter politics and boost their presence in the public arena. Hon. Lisa Baker, MLC, of Western Australia, and Chairperson of the Commonwealth Women Parliamentarians Australia Region, writes about two programmes introduced to increase gender equality and support women into positions of leadership. With $3 million in funding secured from AusAid, the Pacific Women’s Parliamentary Partnerships project is bringing together CWP Australia
with other regional Parliaments to promote gender parity in the Pacific, while a proposed second young women’s forum hopes to continue discussion regarding overcoming the barriers when trying to forge a political career. In light of recently being awarded Assembly Member of this year’s Women in Public Life Awards in the U.K., the Presiding Officer of the Wales National Assembly, Ms Rosemary Butler, AM, continues the theme by placing the issue at the top of the political agenda. Sharing her own story about the struggles she faced, Ms Butler introduced a programme to kick start the discussion in Wales. Consequently, the Women on Board campaign designed to get more women in Wales involved in public life, is proving to be a useful resource and source of information for women seeking to make a difference. With an election planned for 2016, the Constitution Amendment Bill 2013 proposes significant change, particularly in terms of the proportional representation of women in the House. However, the Office of the Clerk of the National Assembly of Samoa, notes that the clash between western style politics and traditional methods, may hinder the process from running as smoothly as anticipated. Samoa’s neighbour in the Pacific, Fiji, also has a looming election scheduled for next year. One of the most anticipated aspects of its new
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INSIDE ISSUES
The former Director of Communications and Research, Mr Andrew Imlach, (left) and the former Director of Conference and Events, Ms Christine (Tina) Ngwira (right) left the CPA Secretariat in August and October respectively.
constitution that was promulgated by the President in September, is the electoral process, given that it is the means by which Fiji’s new state is to be legally legitimized and universally recognized, writes political sociologist Dr Steven Ratuva. The removal of ethnic-based seat allocation and the introduction of a proportional representation system, it is hoped will result in post-election gains for the troubled island state. Measuring what constitutes a healthy Parliament goes beyond the number of laws passed, or questions indicating whether a Parliament is healthy or not, writes the Clerk of the Australia Capital Territory, Mr Tom Duncan. Using key measures coupled with utilizing varying avenues of the media can help represent the value of Parliaments to the public. With coalition politics and coalition governments a prominent feature in global democracies, members of political parties of the coalition and from the Opposition are demanding thorough discussions of policies in government. In the Indian context, the Joint Secretary of
the Rajya Sabha, Shri S.N. Sahu, states that such discussions can impact government decisions, and in some cases completely altering them by drawing on members from the ruling formation as well as the Opposition. An amendment to the Standing Orders in Zanzibar’s House of Representatives in 2012 has introduced a new model that is anticipated will assist in improving the House’s oversight function, writes its Chief Legal Counsel, Mr Mussa Kombo. Several requirements such as requesting Ministers to present reports of implementation of directives and recommendations of the respective committees will help reinforce the tradition of giving feedback to the House through its standing committees. The increase of Parliamentary Budget Offices (PBOs)among Commonwealth countries has grown at both the national and subnational level, with the view to improving budgetary transparency and oversight. With the appeal of PBOs continuing to propagate, Mr Usman Chohan
from McGill University, reports about the discussions held at the seminar on “Open Government, Information and Budget Transparency” that took place in Montreal in June, where participants had the opportunity to learn from each other’s experiences. Equipping Parliamentarians, particularly those that have been newly-elected is not only useful, but entirely essential. With “on-the-job” learning and training becoming increasingly limited, the Emeritus Clerk, Mr Murumba Werunga, argues that the prospects of The Centre of Parliamentary Studies and Training (CPSTS) evolving into centres of excellence for capacity development in Africa will be challenging, but is something that is pertinent and necessary. Since the CPA issued Recommendations for Transparent Governance in 2004 and Recommended Benchmarks for Democratic Legislatures in 2006, many other parliamentary associations have adopted their own sets of benchmarks. In addition, an increasing number of parliamentary
monitoring organizations (PMOs) around the world are actively engaged in monitoring the work of Parliaments, using the Benchmarks and other tools. To evaluate and explore opportunities to refine the CPA Benchmarks to reflect developments since 2006, the CPA convened a Study Group, in partnership with the National Democratic Institute (NDI), bringing together Parliamentarians and representatives of the Commonwealth PMO community in May, providing participants the opportunity to share regional perspectives and to also review their own institutional performance. The final article in the line-up for issue three draws from the Seminar on the role of Parliaments and Extractive Industries held in Vienna last year. While the issue of mineral and petroleum resources as a revenue source for governments featured on the agenda in 2012, it will be interesting to see what new discussions arise from the 2013 meeting, having just recently concluded in Vienna, Austria.
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VIEW FROM THE CHAIR
forming strong bonds through the commonwealth mentoring programme
held by their Branch. These personal relationships can often have a more The next issue of The Parliamentarian will focus on the many achievements of practical benefit than anything a theoretical course can this year’s Commonwealth Parliamentary Conference in offer. Furthermore, politics is often a second career for many Johannesburg. The delay to the publication of this issue Parliamentarians. Colleagues with practical experience in is due to staff changes at the Secretariat. This summer, business, education, law or charitable work may not focus on The Parliamentarian’s long-serving Editor Andrew Imlach this area in their political career, but their knowledge could be left the CPA Secretariat. We are indebted to Andrew for invaluable to a colleague from a different Legislature. One of making The Parliamentarian the leading publication it the focuses of the Commonwealth Women Parliamentarians is today and I’m sure colleagues will join me in wishing network has been to encourage participation of women in Andrew the very best for the future. politics; this Mentoring Programme would offer newly elected Although this is not the time to describe the many women Parliamentarians the chance to be mentored by highlights of the Annual Conference, I wanted to take those with more experience, or to share their experience with this opportunity to thank the Chairperson Hon. Mninwa another newly elected woman MP from a different country. Johannes Mahlangu, MP, for his support and advice over The Mentoring Programme is designed to be responsive the last year as President of the CPA. I am grateful to him Rt Hon. Sir Alan Haselhurst, to the needs of those enrolled; a match must suit both for his commitment to the CPA and to delivering such a MP participants and offer benefits to both parties. Depending on successful conference in Johannesburg. Chairperson of the CPA the individual’s requirements, it could offer the opportunity to One of the highlights of CPC 2013 was the launch Executive Committee be matched with a parliamentarian from a similar constituency, of the Parliamentarians Mentoring Programme. The or from a country or region of particular interest. The Commonwealth is uniquely positioned to offer its Programme should be a chance for less experienced Parliamentarians to be citizens the opportunity to easily share experiences and advice across six mentored by those with more experience; to seek advice from colleagues on a continents. Common language and similar values allow strong bonds to particular subject; or for tips and practical advice on communication, diplomacy, form quickly between individuals, even if their home countries happen to be strategic thinking or leadership skills and to share information in a two way geographically distant. This is particularly true when Parliamentarians meet discussion. other Parliamentarians. Since my election as CPA Chairperson, I have enjoyed To truly understand the issues and concerns of a parliamentary colleague, numerous conversations with colleagues from a huge number of Legislatures spending time in their constituency is often the only way to appreciate the to find we share similar challenges and opportunities in our constituencies complexity of a particular situation. The CPA recognizes that some Legislatures and roles in Parliament. Parliamentarians representing Small Island States may not be able to offer funding for colleagues to engage with this aspect of the can learn much from those representing islands on the other side of the world; Programme. those representing rural constituencies share similar concerns to those in other To this end, the CPA Executive Committee has agreed that a small travel fund countries, often in spite of varying topography or climate. will be made available for those involved in the Mentoring Programme to facilitate For some time, I have championed the idea of a more formal mechanism reciprocal visits. Applications for funding should be made directly to the CPA for Commonwealth Parliamentarians to maintain their personal links with one Secretariat and will be evaluated on a case by case basis. another. Many colleagues already enjoy close relationships with those they The Mentoring Programme is an integral part of the CPA’s commitment to have met through CPA conferences, seminars or from participation in events 166 | The Parliamentarian | 2013: Issue Three
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VIEW FROM THE CHAIR
The Chairperson of the CPA (right), speaking at the media briefing during the 59th Commonwealth Parliamentary Conference in Johannesburg, seated next to the President of the CWP, Ms Thapelo Dorothy Chiloane, MP.
deepening democratic governance in the Commonwealth. In strengthening individual relationships between Parliamentarians through sharing experience, best practice and advice, the CPA will offer an invaluable service to its Members through the Mentoring Programme. I am sure colleagues will enthusiastically sign up to the scheme, whether they are experienced politicians or newcomers to the political world. We share a common purpose and ambition; to serve our nation’s citizens to the best of our
abilities. To realize this ambition we should unite together to pool our knowledge and expertise to benefit one another, and in turn our nation’s citizens. The CPA brings together many experienced and talented individuals and we should exploit this to everyone’s full advantage, making the most of this unique association of knowledge. More information on the mentoring programme will soon be available on the CPA Secretariat website. Alternatively, you can contact the CPA Secretariat directly at: hqsec@cpahq.org. The Parliamentarian | 2013: Issue Three | 167
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VIEW FROM THE CWP
a final farewell
Committee which was held at the beginning of the Conference. I must advise When I sought my fellow female Parliamentarians’ support to be elected to the the members of the Regional Steering Committees that while the members position of CWP Chair, I thought I had a pretty good idea of what was required to of the Executive Committee were co-operative and willingly take this body forward, and how I would help to steer the increased the CWP allocation so dramatically, it now falls on CWP in that direction. these committees to make full use of the funding to develop What I did not realize was the amount of time I would and maintain a firm CWP structure within each region. have to spend on fulfilling this mandate. Let me hasten to I end my stewardship confident that the baton which I held say, though, that I considered it time well spent and wish to for the past three years is going into good hands. I will, however acknowledge that being elected to serve as CWP Chair be available whenever I am called to the CWP in every way has been one of the greatest honours bestowed upon that I can. me. I would like to thank the President of the CWP, Hon. I will be eternally grateful to those of you who Dorothy Thapelo Chiloane, MP, for delivering a thoughtgave me the opportunity to serve the women of the provoking and inspiring address at the 59th Conference, and Commonwealth in this way. many thanks also to Hon. Mninawa Mahlangu, President of In my pre-election speech made during the annual the CPA for supporting the CWP in such a tangible manner. conference in Kenya in 2010, I outlined my hopes, plans Hon. Alix Boyd Knights MHA Thank you to the CPA Secretary-General, Dr Shija, for and dreams and I had every intention to see them through. Chairperson of the being so very supportive during my tenure. Your guidance But, as they say, time flies. The three years have gone by Commonwealth Women throughout has contributed greatly to the things I was able to so quickly. I may not have completed my agenda, but I am Parliamentarians accomplish. pleased to report that during my tenure It would be remiss of me if I did not thank the other I was able to see the allocation of funding to CWP members of CPA Headquarters. Meenakshi, I thank you for work-related programmes increase to £100,000, your patience, your support and readily forthcoming advice. incorporate the CWP Chairperson to be part of the The same goes for Ian, Tina, Musonda, Luseane, and the co-ordinating Committee, and work on building a formal others. structural network within each region. Finally, to all Women Parliamentarians, thank you for your support and your I am pleased to report that the workshop I presented in, based on the kind words of encouragement and assistance. theme “Strategies for getting more women into Parliament” and employing This has been an incredible journey for me but only one segment in the the concepts of Mentoring, Motivating and Mobilizing will soon be tested in my relay race that is the life of CWP. As I hand over the baton to Rt Hon. Rebecca country. I am hoping that by the end of this year the first workshop will be held for Kadaga, MP, I feel confident that CWP is on the right path to assist women women political aspirants from all over Dominica and a report will be prepared Parliamentarians and help them to be the best parliamentary representatives in analysing the outcome. every way possible. I presented my full report on my tenure at the CWP Business Meeting I thank you all. in South Africa, along with the report of the meeting of the CWP Steering 168 | The Parliamentarian | 2013: Issue Three
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VIEW FROM THE CWP
The outgoing CWP Chairperson pictured at the opening ceremony of the 59th CPC (above) and speaking at the CWP conference in Johannesburg (below).
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VIEW FROM THE SECRETARY-GENERAL
caring for an ageing population In both developing and developed Commonwealth societies, policy pressures are mounting on how to handle the ageing population. The policy issues revolve around economic, social and health welfare for the elderly. In handling the welfare of the elderly, there currently exists a contrast between industrialized and highly urbanized societies on the one hand and emerging and traditional societies on the other. In the traditional societies of Africa and Asia, there continues to be the extended family, which tends to enable old people to stay under the care of the larger family. In industrialized societies, however, the practice of caring for the elderly has been structured on the basis of placing the elderly in residential homes. There are now media reports which show that thousands of elderly people in Europe suffer from loneliness as well as inadequate physical and healthcare in residential homes. The challenge is: What are the available
Dr William F. Shija Secretary-General of the Commonwealth Parliamentary Association
policy options to help protect and promote the welfare of the elderly in the emerging as well as industrialized economies of the Commonwealth? This year, delegates at the 59th Commonwealth Parliamentary Conference in South Africa discussed, among other issues, the plight of senior citizens in Commonwealth countries. They examined how to improve and support policy directives and decision-making for the ageing population. They noted that, although countries were not equally resourced, it was important that policy makers and legislators should ensure programmes were developed to improve the quality of life and dignity for all senior citizens. In this view, I wish to support the position expressed by Parliamentarians in South Africa, based on the contemporary trends in both emerging and advanced economies of the Commonwealth. As mentioned earlier, the general practice in industrialized countries of the Commonwealth for handling
The Secretary-General’s The CPA SecretaryGeneral (left) pictured with the Speaker of the National Assembly of Pakistan, Hon. Sardar Ayaz Sadiq.
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VIEW FROM THE SECRETARY-GENERAL
the welfare of retired and old people is to place them in residential homes. This practice has been necessitated by the high mobility of family members uprooting from their homes, usually due to employment requirements. More often than not, grown children on reaching employment age, move out of the family home to take up opportunities in separate and sometimes distant towns and cities, depriving their ageing parents of routine attention. Even when residing in the same home, young people have tight work schedules to adhere to, forcing them to spend more time away from their ageing parents. The practice of residential homes has recently come to public attention and has been subject to serious scrutiny in light of reports of the mistreatment of patients. Problems of seclusion and loneliness, poor quality healthcare and sometimes incidents of abusive treatment in residential homes, have led several policy makers to rethink the options for handling the elderly. There are those who are proposing to return to the traditional ways, as is still the case in Asia and Africa, where the extended family system continues to play a positive role for the elderly. There are others, however, who advocate for the need to simply improve the social welfare system; that is, to
ensure that the standards and intervention practices for the elderly are upheld by law. In this case, I am glad to note that the British government has called for a public debate on the attitudes towards the elderly, with primary observations being made that, more often than not, the ageing population is being isolated and ignored. Furthermore, the British Government’s policy and practice of offering retired and elderly people transportation freedom passes to enable their mobility is highly commendable. I believe that this policy has enabled thousands of older people to travel freely and be part of the larger society. Free transportation has also helped facilitate travel needs for retired people who give services through charities, as well as to Discussions surrounding be self-reliant. best practice in caring for the The situation of the ageing population featured elderly in developing at the 59th parliamentary Asian and African conference in South Africa. Commonwealth countries is, as expected, still significantly different from that of Europe and similar western societies. As stated before, Asian and African societies currently maintain family structures of living with the elderly. There are unconfirmed suggestions that, apart from health conditions, the elderly tend to live longer when surrounded by family members, as they are often surrounded and entertained by grandchildren,
Commonwealth gallery
Pictured with the President of the Senate, of Lesotho, Hon. Chief Letapata Makhaola, (left) and the Speaker of the Parliament of Lesotho, Rt Hon. Sephiri Motanyane (right).
Greeting the Speaker of the Parliament of Kenya, Hon. Speaker Justin Muturi, MP (left).
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neighbours and passers-by in traditional societies. One, however, may challenge that traditional practice for the elderly is not sustainable because, as Asian and African societies continue to rapidly urbanize, they are creating smaller spaces for families, thus limiting the opportunities for family cohesion. In my view, and learning from the situation of the elderly in industrialized countries, I wish to suggest that policy makers in young Commonwealth countries should consider hybrid policies, in which the structures of residential houses for the elderly are located in bigger village-type family residential premises, to enable easy community support and frequent interaction between
the young and the old. This calls for a different urban planning system, the new approach forcing urban planners to reserve sufficient space for the young and the elderly at community level. Indeed, if this approach was to be opposed as inappropriate, the counter-argument would be that its prospects outweigh the existing and potential tendency to segregate the elderly in our societies. I cannot, therefore, over-emphasize the observation made by the delegates to the 59th Commonwealth Parliamentary Conference that: “Parliamentarians should foster a society where seniors can age in place within their homes and the community”. Another opportunity for the policy makers for the elderly in developing
The Secretary-General’s
Pictured with Mr Ronald Nobbs, MP, from Norfolk Island, left.
Sitting alongside the outgoing CWP Chairperson, Hon. Alix Boyd Knights, MHA, (left) at the CWP Steering Committee meeting in Johannesburg.
Speaking with the Secretary-General of the Parliamentarians for Global Action, Mrs Shazia Z. Rafi, (right).
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Commonwealth countries is to advocate for the strengthening of family life. I believe that politicians, religious leaders, teachers, academics, and other people in positions of authority with a responsibility to society, should advocate, promote and strengthen family values to
live, respect, serve, and protect the elderly. For example, I grew up in an African village, similar to many others in African society, where the young were called upon to respect and serve any older person they encountered in the community. The result appeared to be the
presence of peace and orderliness enjoyed by everybody. While I recognize the current waning of community values taking place, it is clear that the tearing down of traditional values and cultures for the purpose of ‘westernization’ would not benefit the elderly in developing countries in the long run.
It is on this basis that I hold a strong view that policymakers seeking to fully recognize the needs of the elderly may wish to start at the school level, whereby the curriculum would be filled with content that fully recognizes the importance of the elderly in society.
Commonwealth gallery
Presenting a gift to the Speaker of the Senate of Canada, Hon. Noel Kinsella, (right).
Pictured with a group of six clerks from Australia, Canada, Singapore, Sri Lanka and Hong Kong.
Pictured with Hon. Jaffer Kassam, MP, (right) from the County Assembly of Kenya.
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WOMEN’S ENGAGEMENT AND PARTICIPATION IN POLITICS
Enlivening women’s engagement with parliament If Parliaments are to be truly representative of the communities they serve, Parliamentarians need to work harder to increase women’s engagement with and participation in politics, argues the Chair of the Commonwealth Women Parliamentarians Australia.
Hon. Lisa Baker, MLC
Ms Baker is the Chair of the Commonwealth Women Parliamentarians (CWP) for the Australia region.
Hon. Lisa Baker, MLC
Advocating for gender equality in politics is an important focus of the work we are undertaking as Commonwealth Women Parliamentarians (CWP) in the Australian Region. In order to support women into positions of leadership I believe that we, as members of Parliaments, must direct our efforts outward into the wider community. By this, I mean we must seek out relationships with women who are looking for support
as they work their way towards their goals and we must build strong relationships with like-minded groups and organizations who have a similar focus. Over the past three years I am proud to say the CWP Australia Region Steering Committee has delivered a range of innovative initiatives that have taken our work into the Australian community and engaged women and men from all walks of life. CWP Australia has a full programme of action for our work. Some of our key initiatives are described below. CWP Australia: Taking action CWP Australia is leading an exciting new programme which will see us working together with other regional Parliaments over the next five years to increase gender equality in the Pacific. Almost $3 million has been secured from the Australian Government’s international development agency,
AusAID, for the “Pacific Women’s Parliamentary Partnerships” project. In February we co-hosted the first event of the programme which saw dozens of Pacific and Australian Parliamentarians come together in Sydney to map out a long-term strategy to support the professional and skills development of Pacific women Parliamentarians and parliamentary staff. The forum developed a 12 point outcomes statement which is available from our website at: www. pacificparliament.net/pwpp.html We have just launched stage 2 of the project which will involve MP exchanges and mentoring, needs assessments, parliamentary skills scholarships and attachments. Participants at the forum recognized that while in some Parliaments the numbers of women may be few, when the opportunity presents to unite at a regional level we do have a powerful voice as women
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Hon. Lisa Baker (seated at the top of the table) during a meeting of WComm.org, a website established by CWP Australia for women to engage with female Parliamentarians.
Parliamentarians. That voice should echo loudly through the CWP at the international level. At the same time, we must look to the next generation as a source of leadership among women. Our CWP steering committee looks forward to hosting a second young women’s forum, the first of which was held in Canberra in 2011. Ten women aged between 18 and 25 spent several days at Parliament House meeting with female MPs to discuss how to overcome the barriers women faced when trying to forge a political career. We are still in touch with these young women and can’t wait to see how their careers progress. When not involved in events or projects, our CWP steering
committee spends a lot of time on our designated areas of advocacy set out in our action agenda. All of us have made several speeches to our respective Parliaments to raise awareness and encourage action. As our action agenda outlines, our areas of advocacy include: a universal screening programme for chlamydia; measures to address the use of digital enhancement of body images in the media; and most recently, ways to increase the numbers of women on boards. This year, for example, we are getting in touch with various female business groups to see what opportunities there are to coordinate our campaigning efforts. In seeking to engage with the
broader community, the CWP steering committee has a website at www.wcomm.org and an active social media presence on Facebook and Twitter, under the brand of w.comm connecting women in the community to politics. Late last year we held a live Twitter forum to debate and discuss concerns surrounding the impact on women caused by the all-pervasive use of images of the female body which had been digitally altered. This also fed into a discussion about the sexualization of young women and girls in the media. The response to our forum was very encouraging. Over a two-hour period the conversation flowed thick and fast among dozens of
contributors. The forum also resulted in our deputy chair Christine Fyffe holding a meeting with a grassroots advocacy group called Collective Shout. We plan to work more closely with them in this area as the year progresses. After meeting in Hobart for our annual planning workshop we have just finalized a new action agenda for 2013-14 and we are excited about the work we have set out before us to complete. We will continue to seek out relationships in the broader community in the hope that we will see a positive return flow back in through our Parliaments as more women step up to participate in the political domain.
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WOMEN IN WALES
putting women in public life in wales at the top of the political agenda The Presiding Officer of the National Assembly for Wales, Rosemary Butler, AM, was named U.K. Devolved Parliament or Assembly Member of the Year at the annual Women in Public Life Awards in September 2013 following her work in putting the issue of barriers to women entering public life firmly at the top of the political agenda. Here she outlines the Women in Public Life (#POWiPL) campaign, and why it remains a core focus of her work
Mrs Rosemary Butler, AM, in Cardiff
Mrs Butler was elected as Newport West’s first Assembly Member in May 1999 and has been re-elected in each subsequent Assembly election. She was appointed to the first National Assembly cabinet as Minister for pre-16 Education and Children, and chaired the Culture, Welsh Language and Sport Committee and was the Assembly’s representative on the European Union’s Committee of the Regions. In May 2011, Mrs Butler was elected to the position of Presiding Officer by a unanimous vote of Assembly Members.
Mrs Rosemary Butler, AM
As a young mother of two small children I had to overcome many barriers to have my voice heard. It first started when I approached my local council to get a bench in my local park. A small issue you might think, but where were mothers supposed to sit to watch over their children as they played? So, I campaigned and rallied support from other mothers. Following many frustrating months, I decided to stand in the forthcoming election to confront the male councillors about not providing a bench. The shock result was that I won the seat and I got my bench within four weeks. I held that seat
continuously until 1999 when I was elected to the National Assembly for Wales. My tale illustrates that women can make a real difference to decision making and achieve outcomes that benefit men, women and children; whether it is by becoming school governors, magistrates, local councillors, or holding other public offices The Assembly has an excellent record when it comes to the representation of Women, a record that is second to none when you compare it to other U.K. Legislatures. At one point, a few years ago, 51.6 per cent of Assembly Members were women, but sadly that number has fallen since then. Although we still perform reasonably well when it comes to the world rankings, only 41.6 per cent of Members in the Fourth Assembly of Wales are women which I feel isn’t good enough. It is a step backwards and one I hope that political parties in Wales will address ahead of the next Assembly elections in 2016. There are women in key roles in Wales, most notably the National
Assembly’s Chief Executive, and until recently Wales’ Chief Civil Servant. On reading these figures, one could be forgiven for thinking the job has been done in terms of achieving women’s equality in Wales. Granted excellent progress has been made, but these women have achieved in spite of the very real barriers that are still in place. While women are no means better than our male counterparts, we simply offer a different perspective. Research from Cardiff University suggested that gender parity in the National Assembly had an impact on the type of policy issues that were debated as well as the style of debate. A different approach to policy, and different perspective on issues, can only improve the decision-making process at all levels. The reality of representation of women in Welsh public life and the boardroom shows that: • Only four per cent of Chief Executives in top 50 Welsh Companies is female; • Only five per cent of council leaders are women;
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Mrs Butler speaking at a Women in Public Life lecture.
• Only 25 per cent of councillors are women; • Only 10 per cent of the Chief Execs of Assembly Sponsored Public Bodies are women; • Only 23 per cent of local government chief execs are women; and • Only 18 per cent of Welsh MPs are women. (Source – EHRC Who Runs Wales 2012) While these sobering figures paint a very frustrating picture, it is one that I suspect is mirrored across the Commonwealth. I would like to see more women using their skills in all walks of life. Whether this is in the council chamber, as a magistrate, a public appointment or a school governor, I believe we can use our skills to add real value and bring balance to what have traditionally been viewed as male-dominated public roles. Putting thoughts into action After being appointed Presiding Officer, I initiated a programme of events that aimed to bring the issue to the top of the agenda and start a Wales-wide conversation amongst everyone in Wales but women in particular, to find solutions. Over the past two years, I have been meeting with women in the five electoral regions of Wales. These
sessions have cemented my view that there is a very real issue in terms of the barriers women are facing. Some key themes that emerged included: • A lack of confidence; • Balancing home and work commitments; • The influence and encouragement of others; • Overcoming personal battles; • Perception on women in public office; and • How women are portrayed in the media/role models. At a national conference at the Assembly in November last year, as Presiding Officer, I was mandated to: • Write to the Assembly’s party political leaders to do more to ensure more women candidates in the next Assembly elections in 2016; • Set up a web portal that will give advice to women who want to get involved in public life; • Provide role models; and • Create a mentoring scheme. All four leaders responded positively and support the aims of my campaign. We have run a series of lectures, in the iconic Pierhead, with female figures such as human rights campaigner Shami Chakrabarti,
leading scientist Baroness Susan Greenfield, media commentator Janet Street-Porter, and former New Zealand Prime Minister and UN ambassador Rt Hon. Helen Clark, MP, – the aim to provide strong role models, proving that women can, and must, match men in the public sphere. In October we launched the #POWiPL Portal: http://www. womenmakingadifference.org.uk/ wipl which can also be followed on Twitter @WomenofWales. It is a fantastic resource that gives advice on all aspects of public office, including the positions that are currently open and training opportunities. I believe it will be an inspiration to those who seek to get involved in public life in Wales because the portal also includes testimonies from women who are already succeeding in senior positions. But our work doesn’t stop here. The Assembly is currently working with our partner organizations to draw up a national mentoring scheme. Once again the aim is to provide training opportunities and access to mentors who are already involved in public life or occupy senior positions in the boardroom. This is not exclusive to women mentors. We also want men to be involved so we provide as wide a breadth of experience as possible.
I also look forward to further exploring this important theme with some of you, with preparations underway for Wales’ hosting of next year’s CPA British Isles and Mediterranean Regional (BIMR) conference. The Assembly is looking forward to hosting the conference in Cardiff in May 2014 and to welcoming not only delegates from the BIMR’s other Branches but also, I hope, observers from some of the CPA’s other nine regions. As part of our conference theme focussing on Equality of Access to Democracy, we anticipate an open and hopefully stimulating debate on gender, the promotion of women in Parliament and the important role in which women’s voices have impacted on the democratic process. When the Branch last hosted the conference in 2002 devolution was in its infancy. Much has changed in Wales with the National Assembly now having primary law making powers and making its own laws for the first time since the 10th century. Reflecting this increased power and responsibility as well as the growing confidence here in Wales is the Senedd – the home of Welsh democracy set in Cardiff Bay’s waterfront and the venue for the 2014 BIMR conference. There will also be opportunities at the conference to discuss other aspects of citizen engagement. For example, I recently launched the “Your Assembly, Your Way” consultation with 11 to 19-year-olds in Wales to find out how the National Assembly for Wales should engage with young people. We want young people to tell us what matters to them, what they expect from us and what we can do to make sure their voices are heard. This is just a fraction of the work that the National Assembly for Wales is carrying out in order to increase engagement with, and participation in, the democratic process in Wales. But there is still much work to do, and much to learn from other Parliaments across the globe, and I look forward to discussing these issues when I welcome you to Wales next year.
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INSPIRING WOMEN IN SAMOA INTO POLITICS
CONSTITUTIONAL REFORM SECURES WOMEN’S FUTURE POLITICAL ASPIRATIONS in SAMOA A new quota system in Samoa aims to inspire more female representation in the National Assembly. However, with a likely clash between western style politics and traditional methods, implementing the Bill may not run as smoothly as is anticipated.
The Office of the Clerk of the National Assembly
Since gaining independence in 1962, the Pacific nation of Samoa has balanced traditional cultural principles and values with the need to move with the times. In the last decade, Samoa has changed its position on the international dateline; and our cars have moved to the left hand side of our roads. Our electoral system strongly reflects faa-Samoa - the Samoan way of life. In recognition of the structure of decision-making in Samoan villages, political participation in the national Legislature has traditionally been restricted to holders of matai (chiefly) titles. Until universal suffrage in 1991, only matais (whether male or female) were allowed to participate as voters or candidates in national elections. While all Samoans are now eligible to vote, a strict rule continues that only registered matais are allowed to be nominated as candidates. While women generally have equal access to the political process, they do not have equal representation as MPs. In June this year, Parliament unanimously endorsed a constitutional amendment which will see at least 10 per cent of
parliamentary seats at the next election occupied by women. Women in Samoa Traditionally, women have been held in high regard and afforded great respect as the daughters, sisters and mothers of Samoa. They are the crux of the familial unit on which the entire community rests, and their opinions in all matters of importance hold great weight. Our history tells of women being at the helm of national decision making – serving as Queens and leading as warriors.1 They held revered kinship titles and were instrumental in forging cultural policy changes at both the village and national levels. Due to these strong traditional
values, women have enjoyed similar leadership opportunities as their male counterparts. In most villages they are able to serve their families as matais, hold positions of importance within the church as well as high level employment roles within both private and public sectors. However, despite the innate positive cultural view of women coupled with a modern movement towards equal gender opportunities, a subtle disparity remains in regards to important decision making roles. Active female participation and membership has not extended to the national Legislature. According to Inter-Parliamentary Union data, women participation in national Legislatures in the Pacific
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Left: The National Assembly of Samoa; This page: A women’s committee on Manono Island, Samoa, addressing its community’s development challenges.
region ranks amongst the lowest in the world with an average of 12.8 per cent occupying seats in unicameral Parliaments.2 The Constitutional Amendment Bill was formulated not only in response to the current Samoan political climate but as a means of alignment with international obligations. A member state of the United Nations since 1976, Samoa has committed itself to the fulfilment of the Millennium Development Goals which prioritizes the empowerment of women through political participation.3 Since 1992, Samoa has also been party to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).
Over the years, the Samoan political arena has proven to be an unfavourable environment for women. Although accounting for almost half of Samoa’s population,4 their current representation in Parliament is a mere 4.08 per cent (two women MPs) out of a total of 49 elected members of Parliament.5 The 2006 general elections saw the largest number of women to have ever entered Parliament: of 218 matai candidates, 18 were women and four were elected.6 At the subsequent 2011 election, of the 159 candidates, five were women candidates and only two were re-elected.7 The implementation of quota systems has been on the rise in
recent years, particularly within the Asia-Pacific region.8 While similar in their overall goal of promoting female participation in politics, different Pacific states have tailored the application of their quotas to suite their individual needs. In Samoa, debate focused primarily on finding equilibrium between the promotion of gender parity and upholding the inextricable faamatai governing structures by which Samoa rests upon. According to the Prime Minister, Hon. Tuilaepa Fatialofa Lupesoliai Aiono Neioti Sailele Malielegaoi who introduced the Bill, the introduction of the “women’s quota” as a temporary measure seeks to change the electoral trend outlined above, and
redress the issue of political gender disparity. The Constitution Amendment Bill 2013 in action Clause two of the Bill amends article 44 of the constitution and provides that 10 per cent of parliamentary seats following the 2016 election must be occupied by women. The adopted gender quota is based on a flexible formula. Currently there are 49 seats within Parliament; however, if at the 2016 elections no women candidates secure seats via general votes, the amendment will be activated and an additional five seats will be added to increase Parliament’s membership to 54.
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Left: Samoa’s longest serving woman Parliamentarian, Hon Fiame Naomi Mataafa, MP; Right: young Samoan women preparing for the ‘Ava Ceremony; a ritual where a ceremonial beverage is prepared to mark important customs, such as the bestowal of matai chiefly titles.
Those women candidates who had the most votes during the election will be selected to the additional allocated seats. Conversely, if five women gain seats outright, the amendment will not be used, and the total number of MPs will stand at 49. To further illustrate the point, if three women secure seats, an additional two seats will be added thereby increasing Parliament membership to 51 – with the requisite five seats having been filled by female candidates. Eligible candidates for the reserved seats must be registered matais who have the highest percentage of votes at the closing of voting polls and unless there are no other eligible women candidates, there should only be one representative from each territorial constituency. The amendment also makes provisions for instances whereby two women attain equal votes. In such a
case, the successful candidate will be decided by a lot drawn by the Speaker of the House. Furthermore, if an elected woman Parliamentarian loses her seat and it is later won by a male candidate, election preference will be given to women candidates who ran in the by-election, past by-elections or previous general elections. Rough sailing – conflicted reception Although the mechanics of the Bill seem relatively straightforward, its introduction was met with varying degrees of caution and resistance with Opposition members unsuccessfully calling for a national referendum on the issue.9 Such a response was to be expected given the novelty of the “quota system” proposal – the first of its kind in Samoa. As the requisite first and second reading stages were passed,
lengthy deliberations amongst Parliamentarians were ignited which brought to light robust views both for and against the Bill. One of the major concerns raised by Parliamentarians opposed to the Bill was that, although well intentioned – its basic structure would produce contradictory results. Contrary to its purpose of being an equality promotion tool, it seemed to tip the scale of favour towards the female population, leaving eligible male candidates at somewhat of a disadvantage. Furthermore, women who would gain seats via the quota would be the by-products or tokens of a pre-determined electoral scheme as opposed to resting on their own merits and the wishes of the voting majority. The underlying logic behind these arguments was that the Bill was effectively steering Parliament to undermine gender equality in terms of electoral eligibility as is already provided for under Samoa’s Constitution and the respective 1963 Electoral Act. In response to such concerns, the Prime Minister reiterated the need to remain focused on the sole purpose of the Bill – to maintain and encourage women participation in the Legislature. He said: “There is a disparity in the roles and responsibilities of men and
women which affects women’s ability to access public office. This Bill aims to level that field by encouraging more women to run for office.”10 Strong opinions were not confined to Parliaments’ chamber – members of the general public in differing capacities voiced their concerns on the move to reserve parliamentary seats for women. Investigations into the Bill were unusually lengthy; it took more than a year for findings to be presented to Parliament. This would suggest that there were high levels of controversy and public interest in the proposed changes. Many written submissions identified possible flaws in the proposed Bill, expressing concerns about the inability of women to attain matai titles in certain villages (thereby making them ineligible to register as candidates), as well as concerns about aspects of fair implementation across all constituencies. As noted earlier, a strict requirement for candidates to be eligible for election is to hold a matai title.11 Of 300 individual villages in Samoa, ten do not permit matai titles to be conferred upon women.12 In its deliberations, the Committee acknowledged the difficulties faced by women from these villages, and maintained that a gentle balance
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suggestions for implementation, including a separate voter’s roll for women candidates. Such a suggestion was determined to not only be outside the scope of the Electoral Commission’s financial capacity, but also as lacking Cabinet approval, and was therefore disregarded. It was determined that current electoral rolls as used in the 2011 election would be sufficient to facilitate the proposed quota. Following the lengthy committee process, a positive report was finally tabled in support of the quota system and despite initial strong opposition; the Bill was eventually unanimously passed by Parliament.14
must be struck between conventional customary traditions and western style democratic principles. It was noted that these restrictions have been in place since Samoa’s Independence13 and the introduction of a women’s quota would not necessarily present significant changes to the current status quo. It was recommended that these sensitive issues be brought to the forefront for continual dialogue between relevant Ministries and local village councils to seek a median ground for interested women candidates within these particular villages. Another concern related to the impact of the difference in constituency sizes was that they may produce unfair results. Six constituencies, with a larger pool of registered voters, have two seats, and it was asserted that candidates running from smaller electorates (fewer than 1000 voters) would have an advantage over candidates representing two seat constituencies. The Office of the Electoral Commission alleviated this concern by foreshadowing plans to split two seat constituencies for future elections, in an attempt to facilitate the implementation of the women’s quota. Other submissions contained
Looking towards 2016 With the Constitution Amendment Bill now officially an Act of Parliament, its impact remains to be seen; should more than five women be elected in 2016, the Act will lose its immediate relevance. In the meantime, efforts are being made to ensure that all Samoans, including potential women candidates, are aware of the Act. A coordinated effort by Parliament, the Office of the Clerk of the Legislative Assembly and other relevant donors and stakeholders has been set in motion with the initiation of an annual Parliamentary Women’s Forum which took place on October 8 – 9 at the Legislative Assembly precincts. The programme was envisaged to instigate and encourage women’s participation in Parliament and its inherent processes by raising women’s awareness of interest and participation in Parliament, via discussion forums and practical hands on legislative training provided by Parliamentarians and expert Secretariat staff. This is a necessary first step to ensure that any and all potential candidates are afforded the opportunity to fully engage with Parliament and learn of its functions, roles and processes in an enabling, supportive and party neutral environment. As noted earlier, the quota system is a temporary hard measure aimed at inspiring women representation in Parliament – but
its overall success and future sustainability depends on the ground work implemented prior to the 2016 general elections. Perhaps the future of women’s political representation in Samoa can be best summed up by Samoa’s longest serving woman Parliamentarian, Hon Fiame Naomi Mataafa, MP, who stated that the quota is a preliminary platform to catapult women into mainstream politics with the hopes that sufficient momentum will be achieved in the future to realize a healthy, permanent woman membership in Samoa’s Parliament.15 Essentially, the utilization of the women’s quota is Samoa’s attempt to promote a more inclusive and diverse political landscape to reflect the importance of all of its citizens, both male and female.
Available at: http://www.ipu.org/parline-e/ reports/2351_E.htm. [Accessed 30 August 2013]. 8. UNDP (2012) “UNDP offers six-point plan to fast-track women in Politics in Asia-Pacifc,” UNDP [Online]. Available at: http://www.undp. org/content/undp/en/home/presscenter/ pressreleases/2012/09/20/undp-offerssix-point-plan-to-fast-track-women-in-politicsin-asia-pacific/. [Accessed: 19 September 2013]. The report further states that reserved seats and legal gender quotas have been implemented during the last decade in almost a dozen Asia-Pacific nations, with a UNDP study indicating that from those countries, the number of women elected to Parliament rose at a faster pace as compared to those who had not yet implemented such measures. 9. For amendments to be made to the Constitution of the Independent State of Samoa 1960, there must be a minimum of a two thirds majority vote. Given that the current ruling party makes up much of that percentage, there was
Endnotes
no apparent necessity to take the issue to the public by way of referendum. See Article 109.
1. In particular, Nafaua, Samoa’s famed histori-
10. Tavita, T. (2012) Samoa PM: “No Need
cal guardian and goddess of war and Queen
for referendum on women’s bill,” Le Savali, 15
Salamasina who was the Supreme Monarch of
February 2012. [Online] Available at: http://www.
Samoa and the Tutuila Islands during the 15th
samoanews.com/?q=node/3039. [Accessed
Century.
7 September 2013].
2. IPU (2013) “Women in National Parlia-
11. Electoral Act 1963, s5 and s5 (3A) per
ments”, Inter-Parliamentary Union Database
2009 Amendment.
[Online]. Available at: http://www.ipu.org/
12. UN (2012) “Samoa meeting obligations
wmn-e/arc/classif311211.htm. [Accessed: 31
while balancing position of women with gradual
August 2013].
advances in political participation, delegation
3. UN (2013) “UN Member States, United
tells anti-discrimination committee”, Commit-
Nations” [Online]. Available at: http://www.
tee on Elimination of Discrimination against
un.org/en/members/. [Accessed: 18 Septem-
Women (press release). [Online]. Available at:
ber 2013].
http://www.un.org/News/Press/docs/2012/
4. Women comprise 48.4 per cent of the total
wom1919.doc.htm. [Accessed 27 August 2013].
population - approximately 188,000. Samoa Bu-
13. These taboos have been upheld for
reau of Statistics (2012) “Population and Hous-
numerous reasons which do not, in the Samoan
ing Census Analytical Report” [Online]. Available
cultural context, subjugate women – but rather
at: www.sbs.gov.ws/index.php/component/
uphold their traditional role as the family or clan
content/article/30-samoa-statistics-glance.
“Taupou” (maiden) whose first priority is to offer
[Accessed 31 August 2013].
support to her brother, husband or father as
5. IPU (2013), “Samoa Fono (Legislative
the head of the family or clan. In essence, it is
Assembly) – Last Elections”, Inter-Parliamentary
therefore believed that first preference should
Union Database [Online]. Available at: http://
be given to male family members to receive
www.ipu.org/parline-e/reports/2351_E.htm.
matai titles.
[Accessed 30 August 2013]
14. For further reference, refer to Parliamentary
6. IPU (2013), “Samoa Fono (Legislative As-
Paper 2013/2104 No.10, “The Justice, Police &
sembly) – Elections in 2006”, Inter-Parliamenta-
Prisons and Land & Titles Committee Report on
ry Union Database [Online]. Available at: http://
the Constitution Amendment Bill 2012”.
www.ipu.org/parline-e/reports/arc/2351_06.
15. Tupufia L. (2013) “Minister praises new law”,
htm. [Accessed 31 August 2013].
Samoa Observer, 27 June 2013. [Online]. Avail-
7.
able at: http://www.samoaobserver.ws/other/
Inter-Parliamentary Union, “Samoa Fono
(Legislative Assembly) – Last Elections.”
legal/5607. [Accessed 5 September 2013].
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Legitimizing regime change: Fiji’s new constitution and the 2014 election A new constitution and a pending election scheduled for 2014, is anticipated to bring some much needed change for Fiji, particularly when it comes to framing its relationship with the pacific and the rest of the world. Political sociologist, Dr Ratuva, outlines aspects of the new constitution, where the removal of ethnic–based seat allocation along with a proportional representation system, is hoped will result in post-election gains for the country.
Dr Steven Ratuva in Auckland.
Dr Ratuva is a political sociologist at the University of Auckland. With a PhD from the United Kingdom, he has worked at the Australian National University and University of the South Pacific where he was head of sociology. He has been a consultant and advisor for a number of international organizations and publishes widely on politics and development.
Dr Steven Ratuva
Seven years after the 2006 coup and five years after the suspension of the constitution, Fiji’s new constitution was eventually promulgated by the president on 6 September 2013. However, the constitutional process was swamped with mixed emotions - uncertainties, anxieties, pessimism and optimism. Fiji was under international pressure as well as internal pressure, to have an election and quickly move towards democracy. At the same time, the coup leaders did not want to be seen to be buckling
under pressure by arguing that they had their own timetable for reform which was driven by internal needs and not dictated external pressure. The regime’s response was to continually emphasize the political axiom that local problems deserve local solutions. One of the most anticipated aspects of the constitution is the electoral process because the election is the means by which Fiji’s new state is to be legally legitimized and hopefully universally recognized. It is what will ultimately determine Fiji’s re-acceptance into the Commonwealth and Pacific Island Forum (PIF) which both suspended Fiji’s membership; re-instatement of full diplomatic relations and bilateral aid with New Zealand, United States and Australia as well as continuation of relationship with international aid agencies such as the European Union, Asian Development Bank and World Bank. Fiji has been treated like a pariah state for the last seven years and that is why the new constitution
and the proposed election are absolutely critical. A challenging constitutional path The recent constitutional reform was probably the most controversial in Fiji’s political history. There were three different drafts before the final one. The first which was produced by the
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Fiji Constitution Commission, chaired by Proj Yash Ghai, was rejected by the government. The government produced its own draft which proved to be very controversial and it was forced to produce another draft, drawing on some of the provisions of the Ghai draft. The third draft became the official constitution. The new constitution has raised
some interesting debates relating to a number of crtical issues. For instance, there is concern about the role of the Prime Minister and Attorney General in the appointment of the senior judicial officers. This can be problematic in terms of independence and perception of independence of the Judiciary whose role includes providing a system of
checks and balances to keep the Executive in line. This is crucial for a country like Fiji which has a history of political and military interference in the judicial system, especially in times of coups. The culture of judicial independence needs to be fully institutionalized and entrenched as part of the re-democratization process to ensure that people have trust and
Above: Prime Minister of Fiji, Commodore Josaia Voreqe Bainimarama (left) withBrigadier General MohammedAziz.
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A bird’s eye view of Fiji Islands.
confidence in the new democratic order. Another critical issue is in relation to the provision of immunity for the coup makers. While the Ghai draft provided immunity for the 2006 coup perpetrators it ensured that there should be no more immunity for any future coup perpetrators. In contrast, while the new constitution grants immunity for the coup perpetrators since the first coup in 1987, it does not have provision disallowing immunity for future coup perpetrators. Furthermore, the immunity provision in the constitution cannot be ammended. This is a major concern because continual granting of immunity encourages future coups. There is also concern that the very rigid rules regarding the ammendment of the constitution can also encourage potential coups. For instance, amendment bills need to be passed by a three quarters majority in Parliament. Following this, the next step would be to pass it through a
referendum where another three quarters majority would be needed to eventually ratify the amendment. Chances of obtaining a three quarters majority in a referendum is not easy and this has potential to invoke frustration and encourage future coups as the only available option for any badly needed constitutional change. While the Ghai draft provided a number of mechanisms to avoid future coups, the new constitution does not. In fact government seems to project the image that by its very existence, the new constitution will automatically put things in proper order, that Fiji will enter a new phase of political development devoid of past problems. The lack of sustained debate on this issue has increasingly encouraged this assumption. The new electoral system Perhaps one of the progressive aspects of the new constitution is the electoral system. For the first time,
there will be no ethnic reservation of seats as in past constitutions. There will only be a single national constituency consisting of 50 seats. The system is based on proportional representation meaning that the number of seats a party is allocated would be proportional to the number and percentage of votes it receives. For instance, if a party collects 50 per cent of the votes (out of a total number of 500,000 plus voters) it will be allocated 25 seats, which translates to 50 per cent of the seats. This system has a number of advantages. Firstly, it neutralizes the tendency for institutionalized ethnic mobilization as in the previous elections. The ethnic-based seat allocation in Parliament in the past encouraged the formation of ethnicbased political parties and political campaigning and mobilization along ethnic lines. This naturally bred zero-sum ethnic contestation, nurtured ethnic consciousness and accentuated political tension.
Political rights and ethnic rights became inseparable and as a result, problems associated with political governance automatically assumed ethnic forms. Elections became the means by which underlying ethnic sentiments were publically articulated, when the ethnic battle lines were drawn and when ethnic cleavages were reinforced. Historically since independence, elections have been the most tensed moments. Coups in Fiji have in fact mostly been preceded by elections. In other words, coups have largely been extra-legal extensions of electoral grievances. The new electoral system diminishes the significance of ethnicity and has the potential to remove the associated tensions which have characterized past elections. The once ethnic-based political parties are now compelled by the requirements of the new proportional representation system to be multi-ethnic in membership, ideology and appeal. Secondly, the new single constituency electoral system makes politicians become more nationally focused rather than communally and regionally oriented. This is important for a small developing country such as Fiji where the focus of development should be driven by a progressive national vision rather than parochial local interests. The new system has the potential to encourage national rather than local or communal loyalty, a necessary ingredient for national unity. Thirdly, the proportional representation system provides more chances for political parties to win seats. Fiji’s first past the post system under the 1970 and 1990 constitutions allowed for the dominance of two major political parties. The 1997 election provided for the preferential alternative voting system which allowed for smaller parties to win seats but there was still a dominance of two major political parties. The current system will probably see greater distribution of seats which would inevitably lead to a possible coalition. A coalition of non-ethnic political parties would
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be an ideal situation for a country where the political culture rests on the dictates of ethnic consciousness and demarcation. While the proportional party list electoral system puts Fiji in good stead for the future, there are a number of shortcomings which need pointing out. The first shortcoming is that the recommended threshold is five per cent, which means that parties can only be allocated seats if they are able to win more than five per cent of the votes. Out of the total number of 50 seats, five per cent translates into 2.5 or at least two seats. This means that smaller parties and independent candidates vying for one or two seats can miss out on their opportunities. The second issue is in relation to the open party list system where the voters decide on the ranking of candidates. Because of the concern for women and minority representation, the Ghai draft recommended a closed list system where political parties choose and rank the candidates. By recommending the open list, the new constitution does not guarantee women and minority representation. It is entirely up to the voters to decide on the ranking of candidates. The constitution does not provide any specific form of open list system as this will be determined by the new electoral decree which still needs to be enacted. So far, New Zealand, Australia and the European Union have provided some technical support for the election. While these are generous gestures, it would have made more sense if other developing countries in the Commonwealth with similar historical and ethno-political circumstances as Fiji engage directly in a “south-south” peer dialogue with Fiji to share experiences and how things can be improved. While developed countries have financial and technical resources the perception is that they tend to be patronizing and imposing and the unequal power relations could undermine genuine relationships. Four political parties have already been registered under the
2013 Political Parties Registration Decree (PPRD). These are the main Indo-Fijian dominated parties: the Fiji Labour Party (FLP); the National Federation Party (NFP) and the indigenous Fijian dominated Social Democratic Liberal Party (SODELPA), which changed its name from Soqosoqo Duavata ni Lewenivanua (SDL) to fulfil the requirements of the PPRD. The newest party, the People’s Democratic Party (PDP) is trade union-based and is a breakaway from the FLP. Commodore Frank Bainimarama, the Prime Minister has indicated that his party will be formed next year. The FLP, NFP and SODELPA are part of a United Front for a Democratic Fiji (UFDF) whose main aim is to provide common opposition to the regime. The Front is a loose collection of parties which have historically been antagonistic to each other but are now working together, although with some suspicion of each other, with the common aim of toppling Bainimarama in the next election. Because the three political parties are fundamentally ethnic in nature, they basically have two options if they are to build up a credible image in the new trans-ethnic electoral process and political order. The first is that they need to shed their ethnic images and somehow reinvent themselves as multi-ethnic parties. This is not so easy given their embedded ideological and political positions. The second is that they may need to form a coalition during the election to ensure that the front has the appearance of being multi-ethnic for broader appeal. Despite the progressive attempt to constitutionalize multiculturalism through the electoral system, the vestiges of ethnic-based political culture of the past will still pose a major challenge to the political engineering process. For instance, while ethnic-based seats have been abolished in favour of open transethnic voting, people’s sense of ethnic loyalty will still be a major determining factor in how they vote. This is especially so with the older generation
but the younger generation, whose voting power has been bolstered by the reduction in voting age from 21 to 18 in the new constitution, would be more in tune with the new multicultural socio-political transformation. Unleashing the voting power of the young will be a major determining factor in the results of the election, scheduled for September 2014. The most probable post-election scenario would be a coalition between parties. This is one of the possible consequences of the proportional party list system. Coalition is nothing new in Fiji. In the past, parties with fundamentally different political ideologies have joined together in political matrimony. A coalition would be important for future stability. Post-election scenario: Fiji and the world Apart from reconfiguring the internal political institutions and dynamics, the next election will also be crucial in framing Fiji’s relationship within the Pacific region and the outside world generally. The election means a lot in terms of Fiji’s international image and reacceptance into the Commonwealth and Pacific Islands Forum (PIF), final lifting of sanctions and normalization of diplomatic relations with New Zealand and Australia as well as resumption of aid from IMF, Asian Development Bank and EU. These are the possible postelection gains to Fiji. However, there are other “gains” which Fiji has achieved which have overshadowed the sanctions and suspension and which Fiji has used as leverage against those it saw as its tormentors. For instance, Fiji has used its newfound friendship with China as leverage against Australia and New Zealand. This has raised concerns in Washington and as a result, the U.S. has re-engaged with the Pacific through its “pivot” doctrine to contain Chinese hegemony and “rebalance” the Asia-Pacific power dynamics. At the same time, Fiji has strengthened its grip within the Melanesian
Spearhead Group (MSG), weakened Australia’s influence in the MSG in the process and used the MSG as a battering ram against the bigger and more powerful neighbour. By forming the Pacific Islands Development Forum (PIDF), as alternative to the PIF, Fiji hopes to weaken and possibly displace PIF which it sees as a neo-colonial bastion for Australia and New Zealand. Meanwhile, Fiji has used the situation to expand its global diplomatic links, joined the non-aligned movement to bolster its global support and become chair of the UN’s G77 plus China bloc. This new regional geo-political reconfiguration and alignment seems to be at odds with status quo political thinking. Thus the question is: will all these new configurations be undone if someone else, apart from Bainimarama wins the election? Will the PIDF be dissolved? Will Fiji re-join the PIF despite its ultimatum that it will only do so if Australia and New Zealand, Fiji’s chief tormentors, are removed from the organization? Will Fiji once again be part of the Pacific family and avoid accusing some small Pacific island neighbours of “betrayal” by siding with Australia and New Zealand? These questions are predicated on the results of the 2014 election. The final question which some people in Fiji still suspiciously and pessimistically ask is: will the election actually take place in September 2014? The promise for the election has been broken twice or so already but that was when there were no concrete structures and systems in place to facilitate any electoral process. Now the process is so far advanced and the government has no other option. The election is the only exit strategy the coup leaders have, there’s no other. It is also a way of legitimizing their possible return to power. The immunity is in place in the new constitution and whether they win or lose the election, they now know they will be safe, unless of course there is legal challenge to the legitimacy of the new constitution. But that of course will be another story and certainly a long one too.
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measures of a healthy Parliament The 10 point plan utilized by many political parties is still a popular method when it comes to measuring a healthy Parliament. Using this approach as well as other avenues of the media can help in promoting the important work of the Parliament, writes the Clerk of the Australia Capital Territory (ACT).
Mr Tom Duncan in Canberra
Mr Duncan is the Clerk of the Legislative Assembly for the Australian Capital Territory, and is the current Acting Honorary Regional Secretary for the Australia region.
while allowing us to live individually. While it endures there is hope, without democracy the world is bereft.” “...Parliament is in eclipse, a pale, even sickly pale moon reflecting but a little of the shining sunlight of executive power.’
Mr Tom Duncan
“Let’s be clear from the beginning: democracy is humanity’s finest achievement. Championed, idealised, misused, distorted, parodied and ridiculed it might be; courted by unfaithful lovers, glad-handed by false friends and skinned by unscrupulous allies it undoubtedly has been; but democracy as a way of living and a system of government is the avenue by which modern humans can fulfil their need to construct lives of real meaning. More than all the paintings and sculptures on earth, more than the poems, plays and novels, and more than every scientific and technological invention put together, democracy shows humanity at its most creative and innovative; democracy is a continual, collective enterprise that binds us together
“...It is hard to escape the conclusion that in Australia Parliaments are now mainly of ritualistic significance.” Introduction The opening quotes paint starkly contrasting conceptions about the role and status of Parliament (of which democracy is surely its best representative). The first quote was penned in 2012, while the latter two hark back some 30 years. Background One of our roles as custodians of the parliamentary process is to record and highlight the important work of the institutions we each serve. Almost all of us have websites and annual reports, as well as weekly and daily summaries of what our Legislatures have done during the sitting day, week or year. For example, at the end of each calendar year the Office of the Legislative Assembly publishes a document entitled Business of the
Assembly which details progress of bills, the work of committees, the progress of motions dealt with, Speakers rulings and statements, ministerial statements made, petitions presented and so on. All of this is very important work by the Legislature, and yet I suspect the only readers of such documents are parliamentary tragics, people applying for jobs or those writing papers for parliamentary conferences or for academic research. I don’t mean to suggest that such detail should not be chronicled (and not discounting their importance as reference tools), but perhaps there are other ways to promote to a broader audience the valuable role that Parliament plays. A new measurement methodology If you search in your preferred internet search engine for the words “10 measures” you will come across such articles as: • 10 measures to reduce corruption; • 10 new measures to curb air pollution; and • 10 tips to tame your temper. Top ten lists have been around for a millennia going back to the Ten Commandments. Political parties now frequently use a 10 point plan to
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Table 1: Bills passed by legislation, 2012
societies. The vast amount of news resources available in modern society have increased competition for audience and advertiser attention, prompting media providers to deliver the latest news in the most compelling manner in order to remain ahead of competitors. Television, radio, print, online, and now apps for news all have different broadcasters who want to remain relevant to their audiences and deliver news first.” Should we modify our promotion efforts to take advantage of current media trends and provide a simplified summary of Parliament’s key achievements? Which measures? If one does decide to choose 10 measures of a healthy Parliament the immediate questions that arise are, which ones? And what is considered “healthy?” In a paper on benchmarking I presented in 2004, I turned to the archetypal bureaucrat of our time, Sir Humphrey Appleby, from the BBC’s political satire Yes Minister, as to how we might measure success. As Sir Humphrey observed:
Table 2: Questions without notice asked in 2012 (unless otherwise specified)
convey their policy priorities if elected to office. In my internet searching I came across “My 10 point plan to reboot Britain” which would, according to the article, “reboot Britain’s crippled downgraded economy”. Why 10? Apart from the obvious biblical connection, it is because it is concise, memorable and easily understood. Advances in technology have meant that Parliaments have
new avenues to communicate its business. Parliaments have adapted to the new technology in the way they provide information about their activities and achievements. For example the federal Parliament has a magazine and a TV show, while many Legislatures provide an almost live version of their minutes of proceedings. Twitter accounts and even Facebook pages are also
the norm for many Parliaments and Legislatures. We are now living in what is termed the 24/7 news cycle. The new dictionary and encyclopaedia of our times, Wikipedia, defines the 24 hour news cycle like this to: “24-hour investigation and reporting of news, concomitant with fast-paced lifestyle of modern
“There has been some way to measure success in the Service. British Leyland can measure success by the size of its profits. However, the Civil Service does not make profits or losses. Ergo, we measure success by the size of our staff and our budget. By definition a big department is more successful than a small one. It seems extraordinary that Woolley could have passed through the Civil Service College without having understood that this simple proposition is the basis of our whole system.” (Memo from Sir Humphrey Appleby) Following Sir Humphrey’s advice, we could simply calculate who has passed the most legislation and who has asked the most questions without notice, which would tell us who was the biggest and thus most successful and healthy. Amongst the Australian and NZ Legislatures, the healthiest
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Table 3: Average number of questions without notice asked of a Minister per year
are those of the Executive and no non-government Bills are passed or even considered. Number of non-government amendments agreed to Healthy Parliament: • The Legislature considers all amendments on their merit, and those considered to enhance the legislation are passed regardless of whether they are moved by a government or non-government member; • Legislators in the lower or single House have the right to initiate legislation and to offer amendments to proposed legislation ; and • Recommendations made by scrutiny of Bills or other committees are considered, debated, and if considered worthy, agreed to.
one in terms of the legislative role (i.e. who has passed the most laws) using Sir Humphreys criteria, would be the Commonwealth Parliament. This is shown in Table One: Proposed measures for Parliaments I believe there are better measures than just the number of laws passed or questions asked that indicate whether a Parliament is healthy or not. The Commonwealth Parliamentary Association /World Bank Institute/ United Nations Development Program (CPA/WBI/UNDP) has 87 benchmarks, some of which I’ve used, but in the 24/7 news cycle, I doubt whether the achievement against these would get a mention. Condensing these down to just 10 key measures which best represent to the public the value of Parliaments in assisting democratic process is not easy. Such measures would need, in my opinion, to highlight the degree to which the Legislature is not being dominated by the Executive. Measures would also need to draw attention to procedures (through standing orders) that protect minority viewpoints. This would ensure that the legislative process is being utilized to the fullest extent to provide for the rule
of law in the society which is being governed, and effective scrutiny of the Executive. So the 10 measures in the categories of legislating, scrutiny and representation that I would choose are as follows: Legislation Time taken for Bills to be considered by the Legislature Healthy Parliament: • The Legislature provides adequate opportunity for legislators to debate Bills prior to a vote ; • Very few if any closure/guillotine motions that curtail debate on legislation; and • Opportunities given for public input into the legislative process . Unhealthy Parliament: • A high number of Bills are introduced and passed on the same day with little or no debate. Percentage of Bills considered by committees Healthy Parliament: • There is a presumption that the Legislature will refer legislation to a committee, and any exemption must be transparent, narrowly defined, and extraordinary in nature ; and
• Committees have adequate time to consider legislation, seek public input and make recommendations which are considered by the Legislature. Unhealthy Parliament: • No Bills, or very few, are referred to committees; and • Bills are referred to committees, but the time allowed leaves little or no time for a thorough consideration and full inquiry by the committee. Scrutiny Percentage of Bills passed or introduced by non-executive members Healthy Parliament: • Although most of the Bills agreed to by the Legislature are ones that have been introduced by the Executive, some Bills passed have been introduced by non-executive members; and • If non-government Bills are passed it emphasizes the independent nature of the Legislature and helps to ensure that it is not seen as just rubber-stamping executive Bills. Unhealthy Parliament: • The only Bills that gain passage
Unhealthy Parliament: • An amendment is agreed to only if moved by a Minister; • Recommendations from scrutiny of Bills or other committees are never or rarely agreed to or receive little or no consideration. Percentage of questions on notice answered in a timely manner Healthy Parliament: • Almost all questions on notice are answered within the required time; • Only a very few answers contain the words along the line of “there are insufficient resources available to answer the Members question”; and • The Legislature has mechanisms to obtain information from the executive branch sufficient to exercise its oversight function in a meaningful way . Unhealthy Parliament: • No questions on notice are answered within the required timeframe; and • Questions are answered, but significantly later than when the question is asked, and don’t really address the question. Percentage of government responses to committee reports
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received in a timely manner Healthy Parliament: • Government responds to all committee reports within a reasonable timeframe (e.g. three months) and the Legislature has mechanisms to deal with a lack of a response; and • Where governments don’t agree with recommendations, adequate explanations are given. Unhealthy Parliament: • Government doesn’t respond to committee reports, or to only a very few; and • Government responds to committee reports, but instead of agreeing or not agreeing to recommendations, the response is that the recommendations are “noted” without a reasonable explanation given. Opportunities for the Executive to be asked a number of questions without notice Healthy Parliament: • There is an opportunity to scrutinize the Executive by asking questions without notice; • There is sufficient time for a large number of questions to be asked of Ministers during the questions without notice period by non-government Members; and • Ministers are asked, on average, at least one question per sitting week.
to non-government business, and there is thus little opportunity for Members to raise matters of concern.
Figure 1: Parliamentary Performance Report Card
The number of non-government chairs of parliamentary committees and the level of autonomy of committees Healthy Parliament: • Oversight committees provide meaningful opportunities for minority or opposition parties to engage in effective oversight of government expenditures. Typically the Public Accounts committee will be chaired by a Member of the opposition party ; • Committees can self-refer inquiries (within their terms of reference) without approval of the executive or there are adequate opportunities for Chairs/Members to propose motions of referral in the plenum. Unhealthy Parliament: • There are no non-government committee chairs; • The only inquiries committees can undertake must first be approved by the executive. Representation/Accessibility The Legislature has a large number of interactions with constituents, including witnesses/submissions to committee inquires and Members following up on constituents representation.
whether there is value in reducing the value of a Legislature’s work to 10 measures. In proposing a new methodology for assessing parliamentary performance I refer to Osbourne’s Of the People by the People – a new history of democracy which cautions:
pictures, let us look in the era of 24/7 to new ways to capture the people’s attention. Figure 1 conveys the results of how the 10 measures were put to the test against my own Legislature – the ACT Legislative Assembly. Endnotes
Unhealthy Parliament: • The time for questions without notice and the number of questions allowed are small in number, resulting in many Ministers never being asked a question without notice by a nongovernment Member. Parliamentary sitting time devoted to non-government business Healthy Parliament: • There is sufficient time and opportunity for Members to raise matters, move motions and introduce and debate legislation. Unhealthy Parliament: • There is little sitting time devoted
Healthy Parliament: • Parliamentary committees get significant involvement in inquiries from community groups/constituents; and • Members follow up constituents concerns and make themselves accessible. Unhealthy Parliament: • Committees do not advertise inquiries and hardly interact with the community; and • Members do not make themselves available to see constituents to hear their concerns. Conclusion There will no doubt be discussion on
“...yet when we try to pin down exactly what democracy is, we find ourselves chasing rainbows. The problem is that every time we get near to a definition, or compile a list of conditions that only democracy must fulfil, we find examples of fully functioning democracies that do not comply, or of societies that are not regarded as democratic but never the less fulfil some of the criteria.”
1. Osborne, R. Of the people by the people – A new history of democracy, Random House, London, 2012, pg 1. 2. Crisp, L.F. Australian National government, 4th edn, Longman Chesire, Melbourne, 1978, pg 250 3. Rawlinson, M. ‘The House of Representatives’ in Lucy, R (ed). The Pieces of Politics, Macmillan, Melbourne, 1975, pg 379 4. CPA/WBI/UNDP Recommended Benchmarks for Democratic Legislators, December
Is the “10 measures for a healthy Parliament” methodology I propose nothing more than chasing a rainbow? I don’t think so. To complement the reams of authoritative and factual information we all publish in words, sounds and
2006, para 2.5.2 5. Ibid, paragraph 6.3.1 6. Ibid, paragraph 3.2.1 7.
CPA/WBI/UNDP, para 2.4.2
8. CPA/WBI/UNDP, para 7.1.1 9. CPA/WBI/UNDP, op cit, para 7.2.2 10. Osbourne, R. op cit, pg 2
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PARLIAMENT AND PUBLIC POLICY A call for thorough examination of government policies in Parliament has led to increased discussions of the Executive policies. Such discussions play a key role in influencing government thinking on particular policies, in some cases completely altering them by taking into account the opinions of members from the ruling formation as well as opposition groups.
Shri Satya Narayana Sahu in New Delhi.
Shri Sahu is Joint Secretary in the Rajya Sabha Secretariat. He served as an Officer on Special Duty to the late President of India, Shri K.R. Narayanan, and as a Director in the Prime Minister’s Office. The views expressed are personal views of author and are not of the Rajya Sabha Secretariat.
Shri S.N. Sahu
There is a dearth of literature on Parliament and public policy, despite the foundation principle of parliamentary democracy being accountability of the Executive to Parliament. The role of Parliament in influencing public policy flows from the fact that it has the mandate to oversee the policies and programmes of the government. Executive accountability to the Legislature entails parliamentary scrutiny of government policies and
programmes. This is done as much by the Parliament as by its Committees. While the accountability of Ministers is ensured through parliamentary devices such as Questions and Calling Attention etc, the civil service, which implements the policies of the Government, remains accountable to parliamentary committees, whereby senior officials give evidence and interact with the Committee Members to explain government policies, programmes and their implementation. Coalition government and public policy scrutiny in Parliament Coalition politics and the formation of coalition governments has become a defining feature of our time. The logic and compulsion of coalition politics prompts many political parties of the coalition and the parties belonging to the opposition to demand for thorough examination of policies of the government in Parliament.
As a result, discussion of the Executive policies is being increasingly demanded by political parties both of the ruling formation
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President Barack Obama of the U.S. speaking with former Indian Prime Minister, Dr Manmohan Singh, MP, in 2011. Given the weight of such an important government decision, a demand for a debate in Parliament was called to discuss the civil nuclear agreement between India and the United States.
and the opposition groups; discussions that greatly shape public policies. Discussions on Executive policies in Parliament play a key role
in influencing government thinking on such policies, on many occasions altering those policies by taking into account the sense of the House.
Impact of Private Members’ Bills on government to formulate public policy The numerous Private Members’
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country on diverse issues. In spite of the fact that so far only 14 Private Members’ Bills have been enacted in India, Members of Parliament have always remained on the forefront in introducing legislation to influence the government mindset for formulating certain policies for our country. A recent example of such a Private Member’s Bill was that of the Constitution (Amendment) Bill 2012 (Amendment of Articles 124 and 217) from Mr H.K. Dua, a nominated Member of the Rajya Sabha. He moved the Bill for the purpose of preventing a judge to resign against whom impeachment proceedings were pending in Parliament. When the Bill was discussed in the Rajya Sabha on 7 December 2012 leaders of political parties and the Law Minister participated in the proceedings, and hailed Mr Dua’s initiative to bring forward a legislation which had a far reaching impact, so much so that it resulted in the judiciary discharging its responsibilities. The Law Minister said, “by taking this initiative, he has certainly refocused attention on an extremely important issue about the functioning of the judicial system. He has raised
needed to be debated in Parliament. It was because of this discussion in that the government became cautious not to compromise India’s nuclear policy which evolved through home-grown efforts and in the face of technology denial regimes imposed by developed countries. Dr Sanjay Baru, one of the authorities on public policy commented that nobody had studied Parliament debates on Indo-US Civil Nuclear Agreements to understand the thinking of Parliamentarians. His comment is extremely significant in the context of Parliament’s role as an institutional embodiment of the people’s will and as a legislative and deliberative chamber to make laws and discuss Executive policies. In the coalition era, political parties are increasingly demanding discussion of public policies in Parliament. It is heartening that the government is remaining open to such demands of the opposition even though it often claims that all executive decisions cannot be discussed in Parliament. In 2001 the National Democratic Alliance Government took a decision to disinvest in the Bharat Aluminum Corporation (BALCO), a
“It is a welcome trend in favour of the role of the Parliament for fine tuning public policies.” through this Bill, larger issues that have a direct bearing on the quality of our constitutional democracy”. The Bill impacted the thinking of leaders of political parties who appreciated his concerns at having introduced legislation for amending the constitution so that judges of the Supreme Court and High Courts facing impeachment proceedings could not simply resign from the post. Examples of discussion on public policies When the civil nuclear agreement was signed between India and the United States, there was a demand that such an important government decision
leading public sector enterprise. The opposition parties demanded that the issue be discussed and voted in Parliament. Despite the government in the beginning not willing to do so, eventually it acceded to the demand and as a result the Parliament discussed it on 1 March 2001 under Rule 184 in the Lok Sabha which provided for voting. During the winter session of Parliament in 2012, there was widespread demand from political parties both of the ruling coalition and the opposition to discuss the decision of the government to allow foreign direct investment (FDI) in the retail sector. Eventually, it was not only
Above: Parliament House in New Delhi; Right: People partaking in a rally to protest against Foreign Direct Investment in the retail sector. The policy was debated in Parliament following demand from the ruling coalition and the opposition. It later received approval in both House of Parliament.
discussed but also voted upon and the government received the approval of both Houses of Parliament. Delegated legislation On many occasions the government formulates programmes and policies by framing rules and regulations under different Acts of Parliament. Under the delegated powers of the legislation these rules may be discussed in Parliament and Members can move notices for annulment of such rules by following prescribed procedure. So even though the decision of the government to allow FDI in retail has been approved by Parliament, Members of Parliament have their right to take up the issue afresh by moving a motion for modification or annulment of modified rules and regulations affecting the main statutes. So far, the delegated power of legislations has not been properly
studied. It is important to study this to understand the role of Parliament in discussing public policies which are often framed by modifying main statutes approved by Parliament. Department-related parliamentary standing committees The introduction of departmentrelated parliamentary committees marked the start of a new and dynamic era to scrutinize public policies in India. One example was the role played by the department-related parliamentary standing committee on industry headed by Mr Tiruchi Siva, a Member of Rajya Sabha. When the government published its draft E-waste rules, Mr Siva took a decision to discuss those rules by summoning both the Secretaries of Ministry of Environment and Forests and Ministry of Medium, Small and Micro Enterprises (MSME). Due to
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then Minister for Environment and Forests Mr Jairam Ramesh thanked Mr Siva for his role played by the Committee in sensitizing the Ministry for Environment and Forests for taking into account the opinion of the Ministry of MSME. It was more interesting that such a major policy formulation could be re-examined by the Ministry of Environment and Forests merely because the Industry Committee took up the matter. Without even having to submit a report to Parliament, Departmentrelated parliamentary standing committees made an impact on government policies. When the Nuclear Liability Bill was framed by the government it altered certain amounts to be paid by suppliers of nuclear technology to victims of nuclear accidents. The Bill was examined by the Parliamentary Committee on Science
his actions, the opinion of the Ministry of MSME was taken into account before notifying the E-waste rules. Mr Siva felt that if 75 per cent of E-waste
was managed by many medium and small enterprises, it was important to factor their opinion in the E-waste rules. It is interesting to note that the
and Technology of the Rajya Sabha, who recommended for a substantial improvement of the compensation awarded to victims. Eventually, both
Houses accepted it and it became law. The role played by these Committees in examining public policies and recommending changes to Parliament conveyed their impact. While examining the implementation of the Prime Minister’s Employment Generation Programme (PMEGP) in Andaman and Nicobar Islands, the departmentrelated parliamentary standing committee on industry suggested that the scope of the PMEGP, which was confined to the non-farm sector, could be broadened to include trade and retail shops. By advancing such a recommendation the Committee made it possible for people wanting to become entrepreneurs to be covered by PMEGP with its scope broadened to issue such loans. It is inspiring to note that the government agreed to expand the scope of the PMEGP and now people who want to establish small shops can apply for a PMEGP loan. Examples of government decisions in foreign Parliaments Government decisions regarding deploying troops to Iraq and Afghanistan were never discussed in countries such as France, Germany, Australia and the U.K. However, of late opposition parties in these countries were now demanding that such issues be discussed in their respective Parliaments. They argued that when the life of its armed forces was put at stake by the decision of their governments to deploy them in war-torn countries, it was important that such decisions be discussed in legislative bodies. The willingness of the respective governments to discuss such policies in Legislatures was welcomed by political parties and the academic community, who felt that a more democratic content was given to the Executive decisions by discussing public policies in Legislatures. It is a welcome trend in favour of the role of the Parliament for fine tuning public policies.
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Improving oversight of Government in Zanzibar’s House of Representatives Though still in its early stages, an amendment made to the Standing Orders in 2012 has introduced a new model that is hoped will help improve the oversight function of the Zanzibar House of Representatives over the government, and strengthen the tradition of giving feedback to the House through its standing committees writes its Chief Legal Counsel.
Mr Mussa Kombo Bakari, in Zanzibar City
Mr Bakari is the Chief Legal Counsel of the House and Head of the Department of House Business at the House of Representatives of Zanzibar, posts he has held since May 2012. He was previously the Head of the House’s Legal Division and he had served various committees. He has been an advocate of the High Court of Zanzibar since 2005.
Mr Mussa Kombo
Background Zanzibar gained independence from the United Kingdom in December 1963, which lasted for about a month before the revolution took place in January 1964. It was one of the two countries which united to form the United Republic of Tanzania (URT) in 1964. The other country was
Tanganyika which is now commonly referred to as Tanzania Mainland. Despite that union, Zanzibar which is a combination of the two major islands of Unguja and Pemba still retains its identity and some of its autonomy. The semi-autonomous islands of Zanzibar are located on the East African coast and, according to the 2012 census, have a population of about 1.3 million people. It has its own flag, constitution and an Executive headed by a directly elected President and assisted by a Cabinet, the latter of which is commonly referred to as the Revolutionary Council. It also has its own House of Representatives and Judiciary. Upon unification, the two countries united on a range of matters which were initially 11 but over time, increased to 22. The list of union matters include foreign affairs,
defense and security, citizenship, police, currency, immigration, posts and telecommunications, higher education, home affairs, registration of political parties and the court of appeal.1 The URT is now in the process of writing a new constitution which might affect the set-up of the union. The Zanzibar House of Representatives The House of Representatives is one of the two Legislatures in the URT; the other is the Parliament of the URT (National Assembly). The National Assembly exercises its mandate over union matters and non- union matters for Tanzania Mainland, while the House has the mandate over non-union matters for Zanzibar. The House was initially established in 1980 under the Constitution of
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The House comprises a total of 82 members as follows:
Zanzibar and is currently provided for under sections 63 and 64 of the Zanzibar Constitution (1984).
• Fifty members elected from constituencies; • Forty per cent of the total elected Members from constituencies which is equivalent to 20 Members shall be reserved as special women seats; • Ten Members nominated by the President of Zanzibar whom at least two shall be nominated after consultation with a leader of opposition within the House or in consultation with political parties having representation in the House; • The Attorney General who becomes member by virtue of his/ her position; and • The Speaker if elected from Members of the House.2 Like other Legislatures around
the globe, the primary functions of the House are to enact laws, oversee conduct of the Executive, approve the national budget and represent the people of Zanzibar. These functions of the House are provided under sections 5A and 88 of the Constitution of Zanzibar, 1984. One of the key tools in conducting oversight function is through parliamentary committees, which are delegated to perform the work of the Legislature and report and advise it accordingly. A key area of the work of committees is holding the Executive to account for undertakings made in Parliament. The House of Representatives has seven oversight Standing Committees, each of which is responsible for a number of government ministries, departments and agencies. The Standing Orders of the
Opposite page: A local woman in the streets of Stone Town, Zanzibar; Above: The Zanzibar House of Representatives; Left: A local seller going through Stone Town.
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Local girls dressed in traditional clothing..
House have, over the years, provided scope for Standing Committees to conduct oversight functions over government institutions. Specifically, through standing orders 109 – 118 (2012 edition), the Standing Committees scrutinize the working of ministries and other government agencies and submit their recommendations. Subsequently, the Standing Committees meet for oversightrelated work for a minimum of two weeks, four times a year. The Standing Committees are required to submit reports to the House
following their oversight of different government ministries, departments and agencies once a year. The March session is dedicated to Committees’ reports which are laid and debated by the Members before adoption. Amendment of Standing Orders Members expressed that increasingly over the years some of the Committees’ recommendations were not being effectively implemented. They argued there had been delays or sometimes even failure to implement some of the committees’
recommendations, a situation that compromised the House’s oversight mandate.3 The government on the other hand, argued that it always implemented Committees’ recommendations. From the arguments offered by both government and backbenchers, it was evident there was a gap of communication between the two parties. An emphasis by members of standing committees towards ensuring that their directives and recommendations were effectively
and accordingly implemented, paved the way for an amendment of the Standing Orders. Consequently these were amended in 2012. It required every minister to present a report of implementation of directives and recommendations of the respective committees issued in the previous report each year. Following the amendment, during the March session when Standing Committees presented their reports before the House, ministers also presented their action-taken reports. It was a major milestone in the growing influence of the House on government business.
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IMPROVING OVERSIGHT IN ZANZIBAR existed, complemented the recent amendments. The improvement in accountability could be identified by the following aspects: • Ministers were now required to systematically report on how they had implemented directives issued in the previous year by the respective committees;5 • There was now clarity of the role of ministers in reporting on the implementation of directives and recommendations of the committees; and • Standing committees’ reports were clearer and more focused, and identified directives and recommendations which committees expressed their desire to see government implement accordingly.
Anticipation of the amendments One of the benefits anticipated from the amendment of the Standing Orders was the enhanced role of the House overseeing conduct of the Executive. Consequently, accountability was substantially improved. The Standing Orders also placed responsibility for every Standing Committee to follow up on the directives and recommendations issued by that particular committee from the previous year. This provision, which had always
As such, it was anticipated that the committees would identify directives and recommendations towards respective ministries in their reports. The amendment also broadened scope of the intervention of Members in discussing how ministries were implementing such directives and recommendations. It was clear that committees were now working on behalf of the House in conducting oversight of the Executive. Committees oversaw their respective ministries, and also monitored how they responded to the directives and recommendations issued by the committee and adopted by the House. Initially this involved the particular committee understanding in-depth, how such directives had been implemented. Under the amendments, the ministers now had to report to the entire membership of the House; who could access and debate the ministers’ reports accordingly. A final observation to note was that since House proceedings were open to the public and the media, citizens had the benefit of following the discussions. In addition to increasing transparency of government business, this process could trigger improved representative constituent engagement as people
became aware of the commitments made by the government as well as the implementation timeframes. It also ensured that people would be better prepared to engage their elected representatives on the performance of government ministries, departments and agencies on the ground. In similar fashion, the media were also able to access the Committee and ministerial reports through Hansard or on the House website: http://www. zanzibarassembly.go.tz.
“Members of the House are quite optimistic that oversight of the government will be substantially improved as this mechanism takes root.” Prospects of the amendments The amendment of Standing Orders requiring ministers to report to the House on the implementation of directives and recommendations of Standing Committees have just started to be effectively implemented.6 While it is too early to conclude on effectiveness of this new model of oversight, the debates which transpired during the presentation of such reports in March 2013 sessions justify the optimistic view that much will be achieved from the new provisions. During the March/ April 2013 session, one minister while reporting the implementation of committee directives and recommendations assured the House that his ministry would accomplish the implementation before the budget session.7 Members of the House are quite optimistic that oversight of the government will be substantially improved as this mechanism takes
root. The gravity of this exercise was indicated by the way in which members expressed their concerns on different issues during the submission of the reports; a move which might prompt ministers to be more prepared in the future. Members expressed the view that the time allotted for the exercise was not sufficient and proposed that more time be allocated next year. The Secretariat of the House is considering this matter before submitting to the Steering Committee of the House for its determination. In 2013, each Standing Committee was given one day to present its report on the current financial year and all ministries falling under its portfolio also presented their respective reports on directives and recommendations of that committee issued in the previous year. Conclusion There is hope that this new mechanism will work efficiently towards improving the oversight function of the House of the government. As this tradition has been formalized and become more systematic through incorporation in the Standing Orders, it has enhanced the tradition of giving feedback to the House through its standing committees recommended to the government. Endnotes 1. The Constitution of Zanzibar, 1984. 2. The Constitution of the United Republic of Tanzania, 1977. 3. Standing Orders of the House of Representatives, 2012. 4. Standing Orders of the House of Representatives, 2011. 5. Hansards of the House of Representatives of 12 April, 2013. 6. The House of Representatives Standing Committees Reports, 2009/2010. 7.
The House of Representatives Standing Committees Reports, 2010/2011.
8. The House of Representatives Standing Committees Reports, 2011/2012. 9. Population Distribution by Administrative Units; 2012 Population and Housing Census, Volume I, 2013.
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Fostering a community of practice among parliamentary budget offices of the Commonwealth A collaboration between McGill University and the World Bank Institute, brought together Parliamentary Budget Officers, Parliamentarians, academics and other experts from over a dozen, principally Commonwealth, countries to Montreal for the “Seminar on Open Government, Information and Budget Transparency”, held between June 17-9 2013.
Mr Usman W. Chohan, McGill University
Mr Chohan is a candidate in the Accelerated MBA Program at McGill University with a concentration in Strategy and Leadership. His areas of interest include Parliamentary Budget Offices, anticorruption initiatives, and parliamentary reform. He previously served as the Special Situations Analyst in the Global Equities Team at Natcan Investment Management, the investment arm of the National Bank of Canada.
“The future is not secrecy, the future is transparency; we are helping create that future.” Kevin Page, former Parliamentary Budget Officer of Canada Parliamentary Budget Offices (PBOs), due to their significance as a tool for greater budgetary transparency and oversight, are a growing phenomenon in Commonwealth countries at both the national and subnational level. Beginning with Uganda over 12 years ago, popularity of PBOs has since spread to Canada, Australia, Nigeria and the United Kingdom, among other Commonwealth members. Of greater import, an ever growing number of Commonwealth countries are expressing interest in establishing PBOs with a view to improving parliamentary oversight capabilities. As the appeal of PBOs continues to broaden among Commonwealth countries, there is an ever greater need for enhanced cohesion and communication between the PBOs. At present, budget offices in the Commonwealth community lack sufficient opportunities to learn
from one another, and the Montreal seminar was a step towards filling that void. Accordingly, delegates to the Montreal seminar recommended that the community of parliamentary budget officers form a Community of Practice that would bolster the technical capacity of PBOs through knowledge exchange, experience sharing, and the identification of best practices. To this effect the seminar provided a forum for knowledge exchange between Commonwealth PBOs and identified a roadmap for the Community of Practice going forward. The Community of Practice The PBO delegates agreed to form a symbiotic group, named by the participants as the Global Network of Parliamentary Budget Officers (GNPBO). It would allow for dynamic and organic experience and information sharing between members using a variety of cuttingedge tools and collaborative mechanisms. The formation of the GNPBO was the culmination point of the three-day seminar; the fruit of
a comprehensive series of lectures, workshops, group reflections, case clinics, and debates that allowed participants to coalesce into an extremely active and highly motivated community. The process of galvanizing all of the PBO members seemed to occur seamlessly, as many of the delegates were struck by the universality of the issues that they faced, allowing delegates to easily find vast common ground amongst their peers. The inclusion of experts and academics, principally but not solely from McGill University, helped to guide the seminar sequentially as various aspects of founding the Community of Practice for PBOs were methodically covered. Furthermore, the Canadian PBO illuminated the discussion by presenting a set of tools in addition to their perspectives from the five years of experience that they accumulated in their institutional memory. The Montreal seminar was a clear demonstration of the commitment from the WBI, McGill University, and above all from the Commonwealth members who dedicated themselves to the newly formed GNPBO, towards
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bolstering the comprehensive capabilities of PBOs around the world. A glance at Canada’s PBO The Canadian delegation to the seminar was comprised of PBO officials Mr Sahir Khan, Mr Tolga Yalkin, Mr Jason Jacques, and Mr Mostafa Askari, with a special appearance from the former Parliamentary Budget Officer of Canada, Mr Kevin Page. In Mr Khan’s presentation, he provided foreign delegates with a glimpse into the political and economic dynamics which led to the inception of the PBO. An overarching theme in this exposition dealt with the ability to optimize the PBO’s resources and accomplish incredible amounts of analytical work in spite of capacity limitations. The Canadian PBO had $2.8 million dollars for the fiscal year 2013-14, but corresponded to a Canadian Parliament that dealt with $250 billion dollars in appropriations. More strikingly, the PBO is “inherently outnumbered” in that it has only 14 people, as opposed to the 3,500 financial experts available
to the executive branch. However, the Canadian PBO managed to accomplish its mandate diligently due to three factors: • It is not indebted to a predetermined outcome, increasing its intellectual rigor; • It leverages top experts from around the world and goes to great lengths to solicit the expertise of the very best in the field wherever they may be; and • Due to the independent and nonmonetary nature of their analytical work, they manage to get assistance gratis from independent entities. Mr Khan then elaborated on some of the challenges that the PBO faced, including talent acquisition, budgets, and political opposition. He succinctly expressed: “For each issue that the PBO deals with, half of Parliament will like what the PBO produces, and half won’t; the problem is that it’s always a different half.” The ePBO platform One of the highlights of the seminar was unveiled by the Canadian
delegation in the form of the ePBO, an online portal currently under development that will bring a groundbreaking collaborative element to the PBO Community of Practice. Mr Khan indicated that the ePBO portal would create a multiplier effect; by using technology effectively, they could better leverage resources and “a small office of 14 people will start to look really big”. The online portal would use the University of Ottawa’s cloudcomputing capacity, and several cutting edge technologies would be incorporated into its functionality, including Cisco System’s Web-X platform for video conferencing, and meta-tagging for improving its searchengine accessibility. The ePBO would address two principal shortcomings: (1) it would enhance the ability of members to share technical content (the “nitty-gritty” of PBO work); and (2) it would allow mid-level staff i.e. those who were more closely involved with the regular and quotidian functioning of projects, to interact in a dynamic fashion. During the seminar itself, delegates were introduced to Collaboration for Development
(C4D), a portal developed by the WBI for similar collaborative efforts, as a precursor to the ePBO. McGill University’s involvement Organized by Dr Rick Stapenhurst (Professor of Practice at McGill’s Institute for the Study of International Development) and Mr Mitchell O’Brien (team leader of the WBI’s parliamentary strengthening programme), the seminar was a unique blend of themes which highlighted current and topical research, useful practical guidance and consideration of international good practice. McGill University’s academic input was led by the Dean of Arts, Dr Christopher Manfredi, who spearheaded the discussions by enlightening delegates on McGill’s commitment to improving global governance. He cited previous efforts that the university had made to this effect as well as the continued engagement that McGill had fostered with important governance stakeholders over the years. Dr Manfredi, drew from his experience as
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The group of participants from the seminar.
a scholar and authority on the role of the judiciary, especially the Supreme Court, in democratic societies, to stress the importance of improving transparency and governance. Additionally, he highlighted a few of the key initiatives that the university had currently undertaken in order to broaden the scope of interaction with global governance institutions and participants. McGill scholars Mr Eli Turk and Mr Phil Oxhorn engaged the PBO delegates and facilitated the discussions, with Mr Turk stating that, “the most political among all the parliamentary instruments is the budget”. Assistant Professor in Department of Political Science at McGill, Manuel Balan, offered an analysis on Freedom of Information (FOI) Laws. These included the motivations for these laws, which comprised reducing information asymmetry, professionalizing government, and helping citizens understand policymaking. Professor Balan also included criticisms of these laws: FOI being used for windowdressing; scant usage of FOI laws, and the non-neutrality in the nature of information being sought which potentially served underlying agendas of users seeking FOI laws. Associate Professor Jon Unruh, McGill University, elaborated on the theme of transparency by considering
information asymmetry through the case study of Afghanistan. Information relating to land rights first went to members of the Afghan government in many provinces. Consequently these frictions in information led to the failure of reforming land rights procedures, because of the land-grabbing that these government agents committed due to a lack of transparency in the Afghan system. The concern going forward is that land-grabbing issues can drag Afghanistan back into worse conflict, as powerful interests jump in to grab assets, and ordinary citizens turn to factions such as the Taliban for redress. Open-budgeting and PBOs today Mr Rongai Chizema of the Southern Africa Parliamentary Support Trust (SAPST) discussed the current situation of open-budgeting in Parliaments at present, indicating that budget transparency remained weak globally including among Commonwealth members. Based on the Open Budget Survey for 2012 done by International Budget Partnership (IBP), 77 countries out of the 100 surveyed failed to meet the basic standards of budget transparency, yet the same countries hosted 50 per cent of the world’s population. However, there are
reasons to be optimistic. There has been a slow improvement in budget openness, with a 20 per cent increase in budget transparency scores in 40 countries over the period 2006 – 2012. Furthermore, Commonwealth countries, such as New Zealand, South Africa, and the United Kingdom, tended to do much better than the overall sample. Mr Anthony Staddon from the University of Westminster provided an overview of the status of PBOs globally. This included the benefits of an independent analytical unit, as well as comparing and contrasting organizational options along the lines of independence, appointment, and accountability to Parliament. Recent experiences from three Commonwealth members, Kenya, Liberia and Uganda were also debated, and this was enhanced through stimulating feedback from the delegates. Mr Khan added that there were two major drivers for the growth of PBOs. • There was growth attributable to a decline in trust in the public sphere; and • There was a change in public expectations: the public was more conditioned to receive more data points; and individuals were more prepared to choose who they wanted to believe.
Country overviews and case clinics Parliamentary Budget Office delegates from several Commonwealth countries held brief presentations to guide the seminar audience in contextualizing their current progress along PBO development. These countries included: Uganda, Zimbabwe, Zambia, Kenya, Nigeria, Ghana, Liberia, and Bangladesh. The presentations were bolstered by a series of workshops titled Case Clinics. Well-received by the participants, the case clinics were an opportunity for PBO delegates to focus their attention on three specific Commonwealth country cases: Nigeria (PBO is nascent, NABRO); Zambia (PBO yet to be implemented), and Zimbabwe (PBO yet to be implemented). The delegates broke out into three teams to deal specifically with the issues surrounding these three cases. In the case of Zimbabwe, there was a need to address the weak research and analytical capability of Parliament to effectively engage the executive in the budget process. There was also a need to decide whether to enact separate legislation for the PBO or include it under the administration of Parliament. The case clinic helped to highlight the situational difficulties as well since, despite the parliamentary reforms undertaken since 1999, the
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term time horizons and financial modelling through NPVs and other projection methodologies were also covered in this presentation.
Zimbabwean Parliament “remained disempowered technically to assert its role in public finance management”, and furthermore “the shortage of funds has proven to be a major constraint”. Participants from three other Commonwealth nations, South Africa, Ghana and Kenya first shared their opinions and insights, suggesting that Zimbabwe draw from the Kenyan model, which was dealing with a new constitution. Also, it was important to watch post-election developments in Zimbabwe, and have more players play a bigger oversight role. Other southern African representatives suggested greater cooperation with the parliamentary bodies of neighbouring countries.. Further technical assistance from the Canadian PBO The Canadian delegation made two supplementary presentations that were more technical and performance-oriented in nature, pertaining to improving access to data and improving analytical tools in the budget process. With respect to improved access to data, stress was centred on the following elements: flexibility of approach (pursuing alternative methods of obtaining data, offering alternatives when stonewalled); seeking assistance (judicial and parliamentary); and above all,
developing strong informal working relationships at all levels. The importance of the “human element” cannot be overemphasized in PBO research. With respect to improving budget analysis tools, the areas covered included budget analysis,
“Delegates showed a willingness to assist one another in the establishment of PBOs and in sharing what they had learned and drawn from their personal experiences.” tax analysis, estimates analysis, and costing models. Various options for forecasting and financial modelling were studied. The emphasis was placed on the power of simplicity, for example: the Philips Curve and the Taylor Rule were both functions of a mere handful of variables, but could have significant implications pertaining to interest rate and inflation projections. Related parameters such as short- and long-
Former Parliamentary Budget Officer Canada’s former Parliamentary Budget Officer, Mr Page, shared his experience in launching and maintaining Canada’s PBO over the previous five years. Describing his job as the five richest years of his 30 year career, he drew applause from the audience when he framed the role of the PBO in the grander scheme of things. He asked “what institutions are we leaving to our kids? What is our hand-off in transparency to the next generation?” Mr Page also stated that “the future is not secrecy, the future is transparency; we are helping create the future”. He put things into context for delegates saying that “in my time, trust has never been lower in institutions, and reiterated it was not possible to “put a price tag or monetary value to the good that we do”. Referencing Acemoglu and Robinson’s book Why Nations Fail, he pointed to one of three factors that crippled prosperity, namely when Legislatures could not hold the executive to account. This in effect highlighted the importance of PBOs as they strengthened Legislatures to contributing to the very essence of prosperity. Sharing his wisdom with the audience, Mr Page succinctly outlined four overarching lessons from his PBO career, namely: looking for advice early; doing quality work (“that is your insurance at the end of the day”); communicating effectively and explaining what you’re doing (“don’t be the dog barking at the moon”); and to develop a thick skin, as confrontations with government were par for the course in the job. He thanked participants for their support and highlighted the importance of the WBI, McGill University, the IMF, and other institutions in promoting PBO initiatives, and concluded on the optimistic note that the future of PBOs was extremely bright.
Building the PBO Community of Practice In light of the aforementioned activities and initiatives undertaken at the Montreal seminar, the principal task of forging a strong Community of Practice, driven by members and leveraging efficient tools and technology came to the fore. Members voted on numerous aspects of the community in order to espouse strong identification with the entity right from its inception. Ms Lisa von Trapp presented the model of PBOs among member countries of the OECD and spoke to the different mechanisms and standards that could help engender an effective Community of Practice at the Montreal Seminar. The delegates broke off into five working groups that addressed various aspects of the community, including its mandate, activities, networking capabilities, and deliverables. The working groups presented their findings and a timeline was drawn out which assigned various tasks to participants over a 12-18 month horizon going forward. Thus, the Global Network of Parliamentary Budget Offices was born. Concluding remarks The Montreal seminar was a healthy example of generous collaboration and active participation by Commonwealth members who, despite facing country-specific challenges, shared the ideals of fostering a dynamic Community of Practice that transcended international boundaries. Delegates showed a willingness to assist one another in the establishment of PBOs and in sharing what they had learned and drawn from their personal experiences. The GNPBO promises to forge a highly interactive and cooperative community that will bolster inter-Commonwealth and international efforts to improve legislative transparency through independent and diligent Parliamentary Budget Offices in years to come.
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the significance of developing centres of Parliamentary studies and training The need for full training and professional and capacity development for Parliamentarians was discussed at great length at the seminar of the Secretaries Association of the Legislatures of South Africa (SALSA). Developing Centres of Parliamentary Studies and Training (CPSTs) as centres of excellence is a challenge in the African context, but one that is essential, asserts the Emeritus Clerk OF Parliament.
Mr Murumba Werunga
Mr Werunga is Emeritus Clerk of Parliament, with expertise in procedure and operations, and establishment and management of Legislatures. He was the founder Clerk of the East African Legislative Assembly as well as the first Clerk of the Pan African Parliament.
Background Parliaments and those who serve in them as Parliamentarians and staff are unique in many respects; including from a purely professional perspective. Not least the processes by which they are identified, prepared and equipped for careers. Further still, once in service, the programmes of training and capacity development that should ensure their effective and efficient performance of all roles and functions remain insufficient, short and ad hoc without long-term vision. This is in stark contrast to the very elaborate programmes for those designated for careers in the public (civil) service, judiciary (Magistrates, Judges and Paralegals) and in the private sector. There is little or no clearly thought out programme for equipping Parliamentarians, partisan and non partisan staff, for their
fundamental roles and functions of representation, legislation, oversight, watch over public finance and national leadership/management. Parliamentarians are further ill equipped and prepared for the progression of careers as chairs of select committees, presiding officers or ministers in the Executive. The importance of training The occupation of a Parliamentarian has very limited requirement, largely limited to citizenship, minimum age and electoral support. Consequently, it is often presumed that scholarly learning and training need not be compulsory. Not surprisingly, newly elected members rarely have an understanding of the full range of the requirements relating to their appropriate performance; irrespective of prior occupation or professional
background. It has at times been presumed that new Parliamentarians would learn parliamentary craft from long-serving experienced colleagues through observation. “On-the-job” learning/training is increasingly limited due to the high level of skills and knowledge one is expected to have imbibed to be able to tackle the fast- growing complex issues of governance and also, the very high turnover in some Parliaments. The equipping of Parliamentarians as well as their staff with the appropriate skills and requisite knowledge for effective service is a formidable task, and one which must be done correctly. The training and capacity development for any new personnel in any organization, including Parliament, should be formulated so as to start with orientation, then induction and on to capacity development. Orientation
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Left: A tea plantation in Rwanda; This page: African Parliaments, top to bottom: Ghana, Lesotho, Cameroon and Botswana.
High hopes for The Centre of Parliamentary Studies and Training (CPSTS) The prospects for The CPSTS growing into and being centres of
is purposed for providing/ exposing one to the relevant information. On the other hand, induction programmes seek to build some basic skills and understanding necessary for the execution of the roles and functions. Capacity development refines and affirms the acquired knowledge, while nurturing skills for optimum performance. Nevertheless, for the full and proper professional development of Parliamentarians and staff, their training and capacity development should shift from an orientation model towards a more permanent, predictable and ongoing system. Hence, there is growing concern for concerted and sustained research that would lead to improved design, development, delivery and evaluation of programmes to train
excellence for capacity development, training, knowledge and information management are high and more opportune now than ever before. The world and humanity in its entirety is yearning for excellent products/solutions/answers to the myriad challenges of the day and the unknown future. The search for excellent products has by and
large, encouraged the growth and crystallization of the organizations producing viable solutions at national, regional, continental and intercontinental conglomerates. Thus, there exists at almost every level, organizations (schools, colleges, universities, factories, industries, research institutes, etc.) that over varying periods of existence and production, have mustered reputation for products that provide solutions/ serve the needs of society. Cursory review of the history of all such organizations point to a humble and yet determined beginning. The solutions to the challenges of the 21st century will not spring from a “tabula rasa”, but from the known precepts that have been tested in the last two millennia. Indeed, virtually all aspects of human civilization trace their roots to ancient times. That notwithstanding, innovations for easier, appropriate, viable, user-friendly products and applications continue in this century. The veracity of this is no less obvious than in the evolution of parliamentary democracy. One would have thought, especially, in Africa, innovation would be necessary given that the systems and structures of governance bequeathed to us were as good as it got. How mistaken we were. Perhaps no other continent or peoples, boast of such high proliferation of reforms/ transformation than in Africa, since re-independence started in Ghana on 6 March 1957. Today, Africa has experimented with varied shades of Westminster, congressional, parliamentary, presidential, mono and multi-party, no parties, evolved and legislated party systems, absolute, constitutional monarchy, unitary, federal, union, devolved, racial and multi-racial. The experiments and innovations
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Below and right The Parliament building of Ukraine,;and the Chamber inside the Parliament of Lebanon, where CPSTs exist in various forms.
continue. As stated earlier, reference was made to the programmes for those designated for careers in the public service and the judiciary; careers which are carried out through purposefully developed institutions at the public’s expense. Needless to say, the programmes and institutions resonate on equally well grounded faculties in not just every other institution of higher learning, but also with some highly rated universities. Ironically, the establishment and
development of the programmes, institutes and universities, have more often than not, been financed from public resources and sanctioned by Parliaments, i.e. the custodians of power over the public purse. Thus, there should be no hurdle stopping Parliaments providing for programmes and institutions/centres to purposely address their training and capacity development. The journey of a thousand miles begins with one step. Parliaments have already made first steps
“What Africa needs is not to reinvent the wheel, but to learn how the wheel was invented and then mould one that would serve its needs.”
to design, develop, refine and consolidate the processes for their training and capacity development. In my address last year to the Symposium to Peer Review the Curriculum of The CPST, I quoted the words of then Speaker Kenneth Marende of Kenya. He said: “…to establish a facility to continuously provide studies, training and capacity development for both the honourable Members and staff.” These words were put into action on 8 December 2008, when the Parliamentary Service Commission (PARLSCOM) resolved to establish The CPST. Similar steps were taken by other Parliaments, including Canada,1968; India,1976; Mozambique,2009; Pakistan,2011; Nigeria,2011; and the East African Legislative Assembly,2012. The CPSTs exist in various forms in Lebanon, Ukraine, Bangladesh, Ghana (Africa
Programme of the Parliamentary Centre of Canada), Portugal and King Prajadhipok’s Institute of Thailand. Further, there are schools, centres, institutions providing programmes of similar standing in universities in the U.K., USA, Australia, Kenya and South Africa. Building Parliaments on existing centres The journey towards The CTSTs as centres of excellence for capacity development, training, knowledge and information management, to support the work and workings of Parliament has long started and the crusade is not about to stop. As seen in the growth of similar organizations/facility in other areas of government, so Parliaments should be built on already existing centres. In my address to the Symposium, I stated that the CPSTs are “the one
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stop resource and repository centres for the facilities and processes to develop and enhance the capacity of the honourable Members and staff of Parliament to execute their individual and corporate roles and functions in a manner that meets the expectations of a highly enlightened and expectant electorate”. The existence of The CPSTs would ease administration, funding and reference. The quality of the products of The CPSTs will be propelled into perfection as they seek to “...meet the expectations of a highly enlightened and expectant electorate”. Already evidence abounds of how even erstwhile well-grounded systems have had to curve in in the face of the pressures for change by the electorate. Hence, good prospects exist for The CPSTs to function as centres of excellence that would meet the requirements for capacity development, research, training,
and knowledge and information management. Africa is ripe for what it takes to design and develop viable CPSTs. Given the commonness of the legacy flowing from our history, found in virtually all spheres of society, we should be able to weave that into organizations that respond to our needs. Often, expositions of the perceived “best practices” may put off people from putting into place an idea that would eventually resolve the challenge of the day. Our societies are dynamic and resilient, and are capable of responding to any challenge as others have done. Africa is no less endowed with what it takes to pull people from the shackles of poverty, ignorance, disease, bad governance, poor infrastructure, etc. Reading of world history is instructive of how other peoples, who a while ago were in circumstances similar to ours, have done it. Parliaments in African
countries should pool their resources together to overcome the effects of meagre and lack of resources to develop home-grown institutions/ organizations to address challenges that tie into their development agenda. Africa should take comfort in the fact that they can produce best practices. In The Parliamentarian, Issue One, 2012, it reported: “The CPA recognizes that no single Parliament is a source of “best practice” in all areas; that all Parliaments can be sources of valuable innovations regardless of their size and age and that in fact there are many forms of “best practice”. Furthermore, the parliamentary system is a dynamic one so that “best practice” today will be surpassed tomorrow as institutions, Members, officials and citizens alike seek ever higher standards.” Challenges ahead The enormity of the challenges to
The CPSTs growing into centres of excellence is no less than those faced by governments in their efforts to formulate and translate policies into tangible development. Virtually all African governments have to contend with traditional ills of corruption, misplaced priorities, lack of local funding and resourceful entrepreneurship and the high cost of technology and general know how. Perhaps the greatest drawback is in entertaining the notion that the best practice of other societies can and should be transferred and applied lock, stock and barrel to our needs. Indeed, the fact that one need not reinvent the wheel has been reiterated so often that it is a cliché that has to be put to rest. What Africa needs is not to reinvent the wheel, but to learn how the wheel was invented and then mould one that would serve its needs.
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Benchmarking 2.0: Improving Parliamentary Performance in a TechEnabled World A Study Group Meeting of the Commonwealth Parliamentary Association, including Commonwealth Representatives of the OpeningParliament.org Community, was held from 6 – 8 May 2013 in London. It provided participants the opportunity to share regional perspectives on the Benchmarks and to review their own institutional performance.
Introduction The Commonwealth Parliamentary Association (CPA) issued Recommendations for Transparent Governance in 2004 and Recommended Benchmarks for Democratic Legislatures in 2006. Since these recommendations were made, many other parliamentary associations have adopted their own sets of benchmarks, drawing heavily on the CPA Benchmarks. These include the Assemblée Parlementaire de la Francophonie, the Southern African Development Community – Parliamentary Forum and the Confederation of Parliaments of the Americas. Within the CPA, a series of seminars have been held to share regional perspectives on the Benchmarks. Several Parliaments have used the CPA Benchmarks to review their own institutional performance. In addition, an increasing number of parliamentary monitoring organizations (PMOs) around the world are actively engaged in monitoring the work of Parliaments, using the Benchmarks and other tools. PMOs have also taken an
active role in developing their own benchmarks and standards, most notably through the adoption of the Declaration on Parliamentary Openness. The Declaration drew on the CPA Benchmarks and on the recommendations of earlier CPA Study Groups, among other sources. The Declaration is currently supported by more than 120 PMOs from over 74 countries, as well as the Organization for Security and Co-operation in Europe’s Parliamentary Assembly. Further, citizens are increasingly using information and communications technologies (ICTs) – including mobile and social media – in their daily lives. Parliaments, Parliamentarians and PMOs are harnessing innovative ICTs to enhance the ability of citizens to provide input into parliamentary work. As the Declaration on Parliamentary Openness states “the onset of the digital era has altered fundamentally the context for public usage of parliamentary information and the expectations of citizens for good governance…. Emerging technology is empowering analysis and reuse
of parliamentary information with enormous promise to build shared knowledge and inform representative democracy”. The increasing use of ICTs in the digital age has presented new opportunities and challenges for Parliaments. While social media has become a vital tool for Parliaments to reach out and engage citizens, it has also in some cases been used to rapidly disseminate isolated incidences of wrongdoing by individual Parliamentarians, often negatively affecting public perception of Parliament more broadly. Overlapping these developments, many Parliaments have had to respond to actual or possible security risks to those working in and visiting parliamentary precincts by erecting physical barriers at Parliament, thus reducing the ease of access by citizens to parliamentary Chambers and the like compared to earlier times. To evaluate and to explore opportunities to refine the CPA Benchmarks to reflect developments since 2006, the CPA convened a Study Group, in partnership with the National Democratic Institute (NDI), bringing together Parliamentarians
and representatives of the Commonwealth PMO community. As CPA Secretary-General Dr William F. Shija stated in his opening remarks “this Study Group is designed to build upon the work already conducted and to seek ways in which parliamentary openness can be increased, and also develop strong benchmarks for individual parliamentary conduct, ethics and behaviour in a world where information communications technology has revolutionized the world we live in and in which democracy is practised”. The Benchmarks remain an important tool for the CPA to reflect the aspirational goals of its Members. They also provide an opportunity to share perspectives on what is the “right thing for Parliaments to do”, while also recognizing that Parliaments operate in a wide range of circumstances and social conditions and that not all Recommended Benchmarks may be appropriate for all Parliaments at any one particular time. Parliaments face a host of challenges in finding politically feasible compromises. Politics, it has been noted, is the art of the possible.
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The group of participants and CPA Secretariat staff from the meeting in May.
Nonetheless, as the SecretaryGeneral said, the Benchmarks were designed to “help Parliaments measure themselves in their own reform and modernization efforts aimed at making Parliaments more effective and democratic institutions”. Refining the Benchmarks The Study Group met in London from 7 to 9 May 2013, and agreed on the following recommendations: • 1.1: The Benchmarks should continue to evolve to reflect changes in society with a view towards meeting the needs of citizens in the Commonwealth. The Study Group recommended that the CPA convened a
formal review of the Benchmarks. The Benchmarks helped to facilitate the sharing of good practice among Commonwealth Parliaments and to reflect their shared values. The Study Group recommended that the Benchmarks be maintained online with the purpose of enhancing its role in sharing good practice within the CPA. This online version could be used as a method of collecting good practice from its Members with respect to meeting the Benchmarks. PMOs could also be able to share information with the CPA on good practice through such an online tool. • 1.2: Parliaments and PMOs shared the objective of enhancing citizen understanding of, and engage-
ment in, Parliament’s work. There was a need to promote greater dialogue between Parliaments and PMOs, in order to ensure that PMOs had an understanding of the challenges faced by Parliaments and used appropriate methodologies to monitor the work of Parliament. Discussions over the Benchmarks, and future efforts to refine them, provided an opportunity to continue dialogue between the CPA Parliaments and Commonwealth PMOs. • 1.3: The Study Group identified a number of specific areas for possible future refinement of the Benchmarks and recommended that Benchmarks not become overly prescriptive. In addition to the subjects below, additional
refinements of the Benchmarks could include discussion of gender, political inclusion and citizen engagement in the legislative process. Parliamentary openness • 2.1: The Study Group noted the CPA’s long-standing commitment to transparent governance, referencing an earlier study group held in Accra, Ghana in 2004, which adopted the several recommendations designed to “address the culture of secrecy”. In particular, Recommendation 10.1 provided: “There should be a concerted effort by government and public bodies to address the problem of a culture of secrecy. This should
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This page: Mr. Andrew G. Mandelbaum, Senior Program Officer, Governance, NDI, and Ms. Aasiya Riaz, PILDAT Right: Hon. Harry Kalaba, MP, Deputy Prime Minister in the Office of the Vice President, Zambia, Ms Jen Bramley and Mr Paul Lenz, both from mySociety.
include comprehensive training programmes on implementation of the access to information regime, as well as the importance of openness in society.” In addition, Recommendation 10.2 provided that “Parliamentarians should play a leadership role in this area, sending a clear signal to public officials that they fully support openness and setting a positive example through their own openness”. Finally, Recommendation 14.1, under the heading Parliamentary Openness, provided that “Parliament should play a leadership role in promoting open government by opening up its own practices and procedures to the widest possible extent”. • 2.2: While noting the CPA’s
long-standing leadership in this area, the Study Group also noted that developments in ICTs and the emergence of a community of PMOs globally provided new opportunities for advancing this long-standing aspiration of the CPA. In particular, the Study Group commended the efforts of PMOs to develop the Declaration on Parliamentary Openness and recommended that the Declaration be discussed at the 59th Commonwealth Parliamentary Conference with a view to endorsement by the conference participants. In this regard, the Study Group noted that the Declaration was currently supported by more than 120 PMOs in more than 70 countries and was also supported
by the Parliamentary Assembly of the Organization for Security and Co-operation of Europe. • 2.3: The Study Group recognized the diversity of the Commonwealth’s Parliaments and that each Parliament would need to determine which aspects of the Declaration were appropriate to be implemented at any point in time in any particular country. Specific note was made of the unique challenges facing small island nations within the Commonwealth, and the need to consider what was appropriate at the subnational as well as national level. Despite these qualifications, the Study Group recommended the Declaration as a useful articulation of the ways in which CPA
Parliaments could help to advance the openness of our parliamentary institutions. • 2.4: The Study Group noted that there was a need to focus on the supply and demand sides of the information equation. There was a need to assist Parliaments in publishing greater information in “open” formats to enable citizens to easily access information relevant to their daily lives. • 2.5: The Study Group acknowledged the valuable services that nonpartisan PMOs provided – to both citizens and public officials alike – in using electronic tools and techniques to make parliamentary information more “user-friendly”. Among other
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methods, these groups often offer alerted services that enabled real time and automatic access to specific information sought by citizens on issues they cared about. • 2.6: PMOs often faced challenges in accessing parliamentary information in formats that allowed the data to be easily reused. The Study Group recommended that Parliaments reviewed the “open data” principles contained in the Declaration on Parliamentary Openness to reduce the barriers faced by PMOs in making information available to citizens in formats that they found useful. It was noted that adoption of these openness principles could simultaneously enhance the efficiency
of Parliament’s functioning, saving costs from reduced paper waste and printing fees. • 2.7: The Study Group recognized the contributions that the Open Government Partnership (OGP) had made to government openness and transparency in its member countries, and encouraged Commonwealth countries who were not currently members of OGP to evaluate the benefits of membership in OGP. These benefits included the opportunity to share their efforts to become more open and transparent and to learn from the innovations adopted by other countries as they worked towards like goals. OGP also aimed to strengthen public trust in govern-
ment, in part through forging stronger collaboration with civil society and tapping new economic resources that might be hidden in unexplored government data. • 2.8: The Study Group recognized that a sustainable culture of government openness could not be achieved without parliamentary openness and rigorous parliamentary oversight. The Study Group noted that Parliaments themselves had often historically lacked access to information necessary to hold governments to account. In this regard, Parliament could also benefit directly from efforts that assisted its ability to conduct effective oversight of government performance and use of funds.
• 2.9: The Study Group recognized that not all countries – and not all citizens within a country – had equal access to the internet or SMS technology. As a result, the benefits of parliamentary openness would not automatically accrue equally to all citizens. There were numerous aspects to the “digital divide” or the “gender digital divide” that would need to be addressed over the long-term. Even though technology cannot necessarily reach all citizens equally, even incremental improvements in access to parliamentary information could be multiplied as civil society actors with access to technology redistributed information about Parliament and
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government through more traditional processes. • 2.10: The Study Group noted that the international transparency community was increasingly focused on complementing freedom of information laws, which often required disclosure of public information upon specific request, with laws that required routine posting of public information online, often in open and structured formats that allowed for third-party reuse. The transition from a right to access to information upon request to the routine provision of public data had a number of potential benefits, including: a) cost savings for government by avoiding the need to review specific requests; b) greater public transparency and public integrity; and c) greater information to the private and non-profit sectors to
help advance a country’s development outcomes. The Study Group recommended that CPA Parliaments examined laws governing disclosure of public information and sought to find opportunities to expand methods of making public information more routinely and proactively available to the public online. • 2.11: Just as Parliaments had a duty to expand access to parliamentary and government information, the consumers of this information (including the press, PMOs and public officials themselves) had a duty to use this information responsibly. This included a responsibility not to distort, misrepresent or sensationalize parliamentary information or data, as they sought to strengthen public interest. The Study Group highlighted that citizens in a number
of Commonwealth countries had placed inflated or inappropriate expectations on their Members of Parliament. In some countries, for example, citizens expected MPs to find jobs for specific individuals or to pay for the private expenses of constituents (such as scholarships or the costs of a wedding or funeral) out of the MP’s own salary or wealth. MPs often found themselves needing to respond to these requests, and to seek funding to do so, if they hoped to be re-elected. Reference was made to MPs who might make few interventions in Parliament and make few contributions to laws or to oversight, but who were nonetheless re-elected based on their abilities to provide private favors to their constituents. Parliaments and non-partisan PMOs had a joint
The group pictured with the CPA Secretary-General (centre second row,) responsibility to educate citizens about the democratic roles and responsibilities of government and Parliamentarians, and to combat the types of behaviour that led to citizen expectations that Parliamentarians provided such personal benefits in lieu of the public exercise of parliamentary powers. Parliamentary use of social media • 3.1: The Study Group took note of the document Social Media Guidelines for Parliaments published by the Inter-Parliamentary Union (IPU). The Study Group noted that social
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PARLIAMENTARY PERFORMANCE AND EMERGING TECHNOLOGY media could be effective for providing information to the public, educating citizens about parliamentary work, outreach to new audiences and engagement with citizens. Crucially, social media had great value as a listening tool for learning about citizens’ views on a given subject. Social media presented opportunities and challenges to Parliaments, even though social media did not necessarily fit with traditional parliamentary rules and customs. The Study Group highlighted that many Parliaments were increasingly utilizing social media in their operations. • 3.2: Guidelines for parliamentary use of social media was another possible area for future refinement of the Benchmarks. The Study Group suggested the CPA Secretariat gather information on existing practices regarding the use of social media by its Members. Based on this information, the Study Group recommended that future refinements of the Benchmarks addressed the issue of use of social media by CPA Parliaments and MPs. Benchmarks for democratic parliamentary behaviour • 4.1: The Study Group recognized that Parliaments often faced challenges in building and maintaining public trust. Reference was made to the 2012 Global Parliamentary Report by the IPU and the United Nations Development Programme, which noted as its “Key Message One” that “Public trust in Parliament is very low in many countries. Parliaments are obliged to account for their actions more regularly than ever before.” It was also noted that some of these challenges stemmed from issues related to the conduct of individual MPs, rather than behaviour of the institution as a whole. The Study Group illuminated that citizens often had their own set of benchmarks for MPs. CPA benchmarks on individual MP behaviour could be helpful in clarifying appropriate expectations of MPs – for example, noting that MPs were entitled to also have a private life.
• 4.2: The 2006 CPA Benchmarks included a short section on “Ethical Governance”, which included the following provisions on “Transparency and Integrity”: • 10.1.1 Legislators should maintain high standards of accountability, transparency and responsibility in the conduct of all public and parliamentary matters. • 10.1.2 The Legislature shall approve and enforce a code of conduct, including rules on conflicts of interest and the acceptance of gifts. • 10.1.3 Legislatures shall require legislators to fully and publicly disclose their financial assets and business interests. • 10.1.4 There shall be mechanisms to prevent, detect and bring to justice legislators and staff engaged in corrupt practices. • 4.3: While these provisions provided a basis for possible new Benchmarks for Democratic Parliamentary Behaviour, they could be expanded in a number of ways. The Study Group recommended that the CPA Secretariat work with its Members and partners to develop a draft set of Benchmarks for Democratic Parliamentary Behaviour. In developing such a draft, the CPA Secretariat could survey its Branches on existing practices and codes relating to ethics and individual parliamentary behaviour. • 4.4: The Study Group mentioned a number of other recent publications that had contributed to the development of international norms regarding ethical behaviour, such as the Handbook on Parliamentary Ethics and Conduct: A Guide for Parliamentarians, published by the Global Organization of Parliamentarians Against Corruption and the Westminster Foundation for Democracy, and the Background Study: Professional and Ethical Standards for Parliamentarians by the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe. Categories included: codes of conduct, registry of interests, declaration of assets, regulation of expenses and allowances,
conduct in the Chamber and rules about relations with lobbyists. • 4.5: Nonetheless, for purposes of Benchmarks for Democratic Parliamentary Behaviour a broader, more general focus on professional and ethical behaviour appeared to be appropriate. Many of the challenges that Parliaments faced also dealt with issues other than corruption or conflicts of interest. The Study Group noted the need to help build a deeper culture of democratic behaviour and values within Parliament, including issues that had been embodied in the United Kingdom’s “Principles for Standards in Public Life”, including: selflessness, integrity, objectivity,
“Parliaments, Parliamentarians and PMOs are harnessing innovative ICTs to enhance the ability of citizens to provide input into parliamentary work.” accountability, openness, honesty and leadership. This could perhaps be expanded to include such issues as: 1) tolerance and respect for differing views; 2) dedication to public service; 3) avoiding even the appearance of abuse of office or unethical conduct; 4) respecting the rules of decorum and the dignity of the institution of Parliament; and 5) conducting MPs’ personal lives in a way that doesn’t bring disrepute to the institution. Particular reference was made to the role that political parties played in enforcing rules of conduct. • 4.6: In preparing a discussion document on Benchmarks for Democratic Parliamentary Behaviour, it was also noted that there could be opportunities to draw on the resources of civil society and PMOs in reviewing a discussion draft and suggesting refinements based on
experiences around the world. In this regard, it was recognized that the PMOs used tech platforms to obtain input and comments on the draft Declaration on Parliamentary Openness, which resulted in a better document. It was recognized that the CPA is a membership institution and that its Branches ultimately needed to make decisions on what the CPA was able to support consistently with its values and the diversity of Branches within the organization. However, the Study Group also welcomed inputs by the PMO community into any such discussion document, and recommended that the CPA Secretariat worked with partners to explore mechanisms for providing input on a draft discussion document from the broader membership and from the PMO community. Collaboration between Parliaments, CPA and PMOs • 5.1: The Study Group acknowledged the value of communication between parliamentary leadership, senior staff and PMOs, recognizing that Parliaments and PMOs had a shared goal of supporting effective Parliaments. • 5.2: The Study Group noted a number of ways to strengthen cooperation between Commonwealth Parliaments and PMOs, including inviting Commonwealth PMOs to the Commonwealth Parliamentary Conference, where appropriate. It was felt that this might help to provide additional information to PMOs on the challenges faced by Parliamentarians and CPA Parliaments in meeting citizen expectations. • 5.3:The Study Group recommended that the CPA Secretariat worked with its branches to identify independent and non-partisan PMOs within the Commonwealth that might be able to provide support, expertise and commentary on future CPA recommendations or study groups. This could include the development of an informal consultative group of Commonwealth PMOs to work with the CPA and its Branches to address issues of mutual concern.
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FISCAL POLICIES
Fiscal policy for extractive industries While the development of mineral and particularly petroleum resources can be a very significant source of revenue for governments, this is a highly complex, uncertain and volatile form of development which must be considered not in isolation but as part of a comprehensive development policy. This was one of the issues discussed at the global seminar on the role of Parliaments and Extractive Industries held in Vienna last year.
Members from 11 Commonwealth Parliaments and Legislatures together with representatives from the IMF, the World Bank Institute (WBI), the Revenue Watch Institute and the Parliamentary Centre (Ghana) participated in the “Global Seminar on the Role of Parliaments and Extractive Industries” held at the Joint Vienna Institute in Vienna, Austria, at the end of October 2012. Viable revenue collection options and challenges Mr Philip Daniel, an Advisor in the IMF’s Fiscal Affairs Department, explained the different ways governments could obtain revenue from extractive industries, adding that all could work equally well if their development was based on well-
designed policies administered by sound institutions. Good development policies and revenue-raising processes had to be easily complied to and robustly administered. Governments could obtain revenue from extractive industries through: contracts including production-sharing regimes; taxes and royalties including the licencing of exploration and exploitation areas; and direct state ownership either as a majority or minority shareholder. All forms could have the same fiscal effects although legal forms, risks and political acceptability could differ. The IMF did not recommend one revenue process over another; but each process had to be run efficiently and transparently. Each process had its own problems and using a
variety of revenue sources could be beneficial because revenue flows to governments could start from the beginning of a project. However Mr Daniel noted as well that the formulation of development policies in this area could be undermined by significant information problems. There was little international comparative data on extractive industries, their revenue production and domestically there was a significant imbalance in the information held by various parties involved in extractive industry development, with producers usually knowing more about possible developments than everyone else. The IMF sought to redress at least some of the lack of international
comparative knowledge by conducting its own study of resource revenues; but it was just one study of revenues at a particular point rather than a long-term systematic study. The development of mineral and petroleum resources was affected by uncertain market prices which fluctuated greatly and unpredictably. The cost of production also greatly varied, as did the political risks and geological factors to overcome. If multinational companies were developing the resources, international legal, financial and other considerations had to also be factored into government revenue calculations. Time constraints further complicated development. It might be more attractive to the public for governments to agree terms
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for exploitation which attracted investment, thinking that they could withdraw preferential terms once a project was up and running. This, however, discouraged future investment. If governments only had a few projects, they could encourage rapid development to get an injection of revenue to quickly increase spending capacity. As minerals and petroleum were exhaustible assets, development policies had to convert these assets into other assets in the form of government revenue, social development projects and the advancement of a society’s human resources. The right fiscal tools Governments could use a variety of
fiscal instruments to obtain revenue from resource development. Bonuses from bidding for contracts are common in the petroleum sector, and royalties can be charged as a percentage of gross production or as a flat charge. Corporate income tax is popular given its familiarity to all business sectors. Although the traditional profit and loss basis of this form of tax is hard to apply it could jeopardize the economic viability of a project, since it encourages companies to borrow to invest. However the interest on the loan is a tax deduction whereas the investment of a company’s equity is not. Taxes can be levied on the “rent” which is the value of the resource after the cost of production and a “normal” return on capital. A final fiscal instrument can
derive from the participation of stateowned companies in development projects. Governments generally look to take between 40 and 60 per cent of mineral development revenue while those figures rise to between 65 and 85 per cent for petroleum development. However, imperfections in the administration of revenue collection and other difficulties generally mean governments actually get a lower percentage of the available revenue. This is partly because taxation regimes are often difficult to administer and badly designed, such as by dividing revenue collection among different government departments which operate separately and do not co-ordinate their activities.
The group of participants and resource persons pictured in Vienna;
The IMF participated in the Extractive Industries Transparency Initiative (EITI) to serve as a guide for setting up transparent fiscal regimes and implementation processes. However, many issues have to be resolved by governments and the IMF can assist in resolving them. Approximately 60 countries – a third of the IMF’s membership – are dependent on extractive industry revenue, most of them relying on petroleum revenue but some also relying on mining and others on a combination of the two areas.
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The seminar in session.
Proposals for parliamentary oversight The seminar formulated proposals to strengthen parliamentary oversight of extractive industries so they were developed in a transparent and accountable way which benefited their societies and the wider world. The proposals were published in full in Issue One 2013 of The Parliamentarian and are available online from the CPA website at www. cpahq.org. The seminar offered Parliaments, parliamentary committees and individual Parliamentarians guidance on specific processes they and multi-stakeholder groups could use to ensure that mineral and petroleum resources were converted into social and financial assets for the benefit of the people of the jurisdictions which owned them. The seminar concluded that the proposals could enable Parliaments and Legislatures to help governments to provide a stable environment and efficient, effective and robust policy, legislative, administrative and regulatory frameworks for investment in exploration, development and marketing of these resources. The proposals were built on the fundamental principle that all stakeholders would have confidence in the development process if it was managed in a fully transparent way throughout the life of the projects. It was recognized that transparency and accountability were essential to re-assure all stakeholders that expectations were reasonable, developments fair and benefits spread equitably throughout society. The group therefore encouraged all Parliaments and Parliamentarians to support efforts to enhance the transparency of the sector, including projects such as the EITI and contract monitoring. The group stressed that the provision of processes to ensure transparency and proper scrutiny was only the starting point. Governments, Parliaments and other stakeholders had to have the capacity and the will to use the processes fully and vigorously. The proposals called for
Parliament to approve clear and well-considered policies on extractive industries which were part of a comprehensive development plan. They were developed to scrutinize government institutions, administrative processes and regulatory agencies involved in extractive industry development. The proposals also called for access to the contracts, licences and other agreements between the government and resource
“It was recognized that transparency and accountability were essential to re-assure all stakeholders that expectations were reasonable, developments fair and benefits spread equitably throughout society.” developers and investors, including provisions on changes in ownership of projects and the arbitration of disputes. Parliamentary committees were seen as the most effective means for Parliaments to delve into the details of contracts, the oversight of regulatory agencies and the scrutinizing of income and expenditure of revenue emanating from resource development. It was stressed that commercial confidentiality should be kept to a minimum and should be timeconstrained. Great advantages would come from strengthening parliamentary oversight of the development of publicly owned natural resources, not least being greater transparency contributing to greater public confidence in this sector.
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CPA MATTERS
CPA Statement of Purpose The Commonwealth Parliamentary Association mobilizes its Parliaments, Legislatures, their Members and staff to advance the consideration of good democratic governance and the institutional and professional development of its membership. It works in the Commonwealth through meetings and publications to discuss: • The democratic representation of all sections of society and both genders; • Parliamentary oversight of the executive; • Parliamentary involvement in formulating legislation and government policy; • The role of small Parliaments; • Parliamentary outreach to the people, and • The independence of Parliament from the executive government. Adopted by the CPA General Assembly, Colombo, Sri Lanka, September 2012.
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Parliamentary Report
NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS NEW ZEALAND: Criminal Procedure Legislation Bill Page 221
NEW ZEALAND: The Education Amendment Bill Page 222
AUSTRALIA: Parliamentary Service Amendment (Freedom of Information) Act 2013 Page 225
AUSTRALIA: DisabilityCare Australia Fund Act 2013 Page 227
prominent Maori mp passes away at the age of 62 Page 220
RESHUFFLE OF CABINET AND ON THE ROAD TO THE NEXT GENERAL ELECTION
LAW FOR WOMEN SAFETY AND SECURITY
RUDD BECOMES PRIME MINISTER FOR A SECOND TIME
Page 223
Page 225
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CANADA
Reshuffle of Cabinet and on the Road to the next Generation Election On 15 July 2013, the Prime Minister, the Rt. Hon. Stephen Harper, MP, reshuffled his Cabinet. While key Ministers were maintained in their positions, eight new Ministers were appointed, and some members of the old guard were left out of Cabinet or retired from active politics. The pillar Ministers of the Harper Government remained in their portfolios, including Hon. Jim Flaherty, MP, Minister of Finance, Hon. John Baird, MP, Minister of Foreign Affairs, and Hon. Tony Clement, MP, President of the Treasury Board. Hon. Peter Van Loan, MP, Leader of the Government in the House of Commons also remained in his position. Other key Ministers have been assigned new responsibilities, such as Hon. Jason Kenney, MP, until recently Minister of Citizenship and Immigration, who became Minister of Employment and Social Development. Hon. Rob Nicholson, MP, and Hon. Peter MacKay, MP, who were respectively Minister of Justice and Minister of Defence, will exchange portfolios. The newcomers, four women and four men, were intended to put a new face on the government. Hon. Chris Alexander, MP, former diplomat and Canadian ambassador to Afghanistan who was first elected to the House of Commons in 2011, was appointed Minister of Citizenship and Immigration, and Hon. Candice Bergen, MP, became Minister of State (Social
Development). Ms Bergen came to prominence as the sponsor of a controversial Private Member’s Bill in the previous Parliament aimed at abolishing the long gun registry. After her Bill was defeated, it was reintroduced in 2011 and adopted once the Conservative Party had won its
Hon. Shelly Glover, MP
majority. The new Cabinet also included Hon. Shelly Glover, MP, who was appointed Minister of Heritage and Official languages; Hon. Kellie Leitch, MP, who became Minister of Labour and of Status of Women; Hon. Michelle Rempel, MP, who became Minister of State (Western Economic Diversification), and Hon. Kevin Sorenson, MP, who will assist the Minister of Finance as Minister of State (Finance). Finally, Hon. Pierre Poilievre, MP, was appointed Minister of State (Democratic Reform). This particular appointment marked a new approach towards Senate Reform. A skilled Parliamentarian, Mr Poilievre is known for his exceedingly partisan approach to
parliamentary business. Adding new members to Cabinet necessarily entailed moving out several serving Ministers. Among the departing Ministers, Hon. Keith Ashfield, MP, Minister of Fisheries and Oceans, who after being diagnosed with cancer earlier this year had asked Prime Minister Harper to excuse him from Cabinet to focus on his treatment and recovery. Hon. Diane Ablonczy, MP, Minister of State of Foreign Affairs (Americas and Consular Affairs), and Hon. Ted Menzies, MP, Minister of State (Finance), were not reappointed; both had previously announced their intention not to seek re-election in the next General Election. On 9 July, 2013, Hon. Vic Toews, MP, then Minister of Public Safety and Emergency Preparedness, had announced his resignation as Minister and Member of Parliament. Hon. Peter Kent, MP, Minister for the Environment, and Hon. Stephen Fletcher, MP, Minister of State (Transport), were also not reinstated as members of the new Cabinet. In early July, Hon. Marjory LeBreton, Leader of the Government in the Senate, announced that she would be resigning from Cabinet and as Leader of the Government in the Senate. Possibly in order to further distance the government from the Senate, the new Leader – a parliamentary office established by the Parliament of Canada Act – would no longer
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CANADA be part of the Cabinet. This change discontinued a practice followed since Confederation for the Leader of the Government in the Senate to also be a Cabinet Minister. Senate scandals and Senate reform Since the Harper Government took office in 2006, Senate Reform has been at the core of its legislative platform. Bills aimed at establishing a framework to consult electors before Senate appointments are made (currently, appointments are made at the sole discretion of the Prime Minister), and at reducing the tenure of Senators from appointment until mandatory retirement at 75 years of age to an eight or nine year maximum tenure, were introduced in each parliamentary session since 2006. The constitutionality of these legislative proposals, however, has been questioned and the bills have never come to a final vote in either House of Parliament. In 2007, a Special Senate Committee recommended that the Senate not proceed with the debate on third reading of Bill S-4, aimed at reducing the tenure of
Hon. Marjory LeBreton
Senators to eight years until the Supreme Court of Canada had ruled on its constitutionality. The constitutionality of the proposals and other constitutional issues relating to the Senate, such as the constitutional amendment
procedure that would need to be followed for its abolition, were referred to the Supreme Court of Canada for an advisory opinion by the Government. The judgement of the Court is expected sometime in 2014. The Harper Government received unexpected support
Hon. Mike Duffy
for its reform agenda from the Senate itself. Four Senators, including Hon. Mike Duffy, Hon. Mac Harb, Hon. Pamela Wallin, and Hon. Patrick Brazeau got into hot water when their housing and residence expenses were questioned. According to the Senate’s rules, Senators who did not have their primary residences in the Ottawa area were entitled to claim travel and residence expenses. Senators were also entitled to travel expenses that resulted from their parliamentary business. In 2012, it was revealed that the above-named Senators may have claimed expenses they were not entitled to. Senator Duffy paid back the amount erroneously claimed on his behalf, but it was later discovered later that the significant sum used to repay the Senate had been received from Nigel Wright, the Chief of Staff of the Prime Minister. The Prime Minister stated he was unaware of these arrangements. Consquently, Mr Wright resigned from his position as chief of staff, and Senator Duffy is no longer part of the Conservative caucus. Senators Brazeau and Wallin
also sit as independent and are no longer members of the Conservative caucus. Senator Brazeau has allegedly claimed erroneous expenses, but he has also recently been charged with assault, and been temporarily suspended by the Senate while the matter was before the court. In the case of Senator Harb, a Liberal, the Senator had originally contested the claim made against him for past expenses, even filing an action before the Court to have the decision of the Senate set aside. He, however, changed his course, dropped the case and paid the amounts claimed, at the same time retiring from the Senate. The matters were now being investigated by the authorities, and the Auditor General of Canada was examining all Senators’ expenses. Prorogation This summer, Prime Minister Harper announced that Parliament would not resume sitting in mid-September as planned, but would reconvene in mid-October with a new parliamentary session and Speech from the Throne. The decision to prorogue was unpopular, with two-thirds of Canadians opposed to it. According to contemporary Canadian practices, Parliament is not prorogued on an annual basis or another pre-established schedule, and it is not rare for sessions to last close to two years. The current session began on 2 June 2011. Prorogations and new sessions generally went almost unnoticed by most Canadians until 2008, when the Harper Government prorogued Parliament just a few days into the new session in order to avoid a likely defeat on a vote of confidence. Since then, prorogation has been seen by members of the public as a questionable parliamentary tactic. Even the routine prorogation in
December 2009 was criticized, along with the upcoming one. This time, Opposition members claimed that the Prime Minister prorogued Parliament to avoid having to answer questions about the recent Senate scandals. The Leader of the Opposition, Hon. Tom Mulcair, MP, said: “That’s the problem, Stephen Harper doesn’t respect our democratic institutions, he’s hiding from his own accountability and we’re calling on him to start showing some leadership, to show up in Parliament and start giving clear answers on the Senate scandal and on a lot of other issues that are plaguing his government.” On the road to the next general election When Parliament is reconvened in mid-October, this will likely be the last Speech from the Throne from the Harper Government before the next General Election, tentatively scheduled for 19 October 2015. Since 2007, Canadian legislation has provided for fixed date elections held in October of every fourth year, but the power of the Governor General to dissolve Parliament on the advice of the Prime Minister has remained in place. This means that a General Election can still be called before the end of the four-year timeline if, for example, the government were to lose a vote of confidence or the Prime Minister were to seek the dissolution for any other appropriate reason, as Prime Minister Harper did in September 2008. With a General Election anticipated for 19 October 2015, and an electoral campaign prescribed by law of at least 36 days, parliamentary business would end in June 2015, giving the government a year and a half after it meets Parliament again in late 2013 to work toward convincing Canadians to give it a second majority.
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NEW ZEALAND
prominent maori mp passes away at the age of 62 On 16 May 2013 the Minister of Finance, Hon. Bill English, MP, delivered his fifth Budget, saying “the fiscal outlook has improved markedly as a result of the government’s sound management ”. He added that the Budget showed that “the government is on track to meet its two key fiscal targets…to get back to surplus by 2014/15… [and] to reduce government debt to 20 per cent of GDP by 2020”. Budget 2013 was “about building momentum in [the government’s] programme”. In addition to new initiatives such as a “$100 million-a-year internationally focused growth package”, Mr English said “proceeds from the government’s share offer programme… are being placed in the Future Investment Fund, and will be used to pay for new public assets”. The Budget included “an additional $2.1 billion of operating and capital spending to further support the rebuilding of our second-biggest city [Christchurch]”. Moving an amendment expressing no confidence in the government the Leader of the Opposition, Mr David Shearer, MP, said: “This government is mired in broken promises. Budget after Budget, its promises simply have not stacked up. In 2010 John Key promised a step change with 170,000 jobs, but since the last election the National Government has come up with only 8,000. In 2011 it promised unemployment would be at 4.8 per cent; it is at 6.2
Hon. Bill English, MP
per cent. For three years we have been promised wages would grow by about four per cent. Last year it was 1.7 per cent, and nearly half of Kiwis got no wage increase at all. Every year National promises a brighter future, and every year New Zealanders are let down.” The Prime Minister, Rt Hon. John Key, MP, countered by asking “what does Budget 2013 tell us? It tells us that this government and this country will be back in surplus by 201415”. He contrasted this with the outlook in 2008: “We came in and inherited basically a decade of mismanagement….when economists were saying the unemployment rate would rise to 10 per cent or maybe 11 per cent. And all of that happened before the Christchurch earthquakes, which we now know cost the economy north of $40 billion overall. That was before there were droughts, before there were floods, and before there was a recession….” Dr Russell Norman, MP,
(Co-Leader, Green), said: “The three key challenges facing the New Zealand economy are how to deal with the growing current account deficit, how to deal with the growing environmental deficit, and how to deal with the growing social deficit. This Budget makes all three deficits worse.” “Only in an Orwellian world would the party that did everything to undermine the government’s accounts get any credit for any potential return to surplus.” The Leader of New Zealand First, Rt Hon. Winston Peters, MP, said the economy had grown “by somewhere between two and three percent. Much of that is from the Christchurch rebuild”. He asked “why, since the 2008 era…have more than 200,000 mainly young New Zealanders left New Zealand? What has happened to the export-led growth promised in the ‘rebalanced economy’? As for export-led growth, well, the difference between our income from exports against our payments for imports and interest payments is a giant, black $10 billion hole, unparalleled in any other First World economy”. “Our growth is amongst the best in the OECD, unemployment is falling, real wages are rising, inflation is subdued, interest rates are the lowest in decades, and the government books will be returning to surplus in 2014 and 2015 as we promised,” said Mr Paul Goldsmith, MP, (National). Mr David Clark, MP, (Labour) said: “Labour grows the economy
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NEW ZEALAND consistently. National stalls it. Under this government real wages have dropped—real wages have dropped. ‘Joe New Zealander’, is really feeling the pinch, and it is as a result of the policies of this government.” The House interrupted the debate to consider several Bills under urgency, including the Housing Accords and Special Housing Areas Bill, the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Bill, the New Zealand Public Health and Disability Amendment Bill (No 2), the Crown Minerals Amendment Act 2013 Amendment Bill, and the Customs and Excise (Budget Measures—Motor Spirits) Amendment Bill. Moving the urgency motion, Hon. Gerry Brownlee, MP, (Leader of the House), said “they each have a particular part in delivering on that Budget”. On 6 June the Budget debate finally concluded and the amendment
Hon. Parekura Horomia, MP
expressing no confidence in the government was lost by 53 votes to 63. Obituary Hon. Parekura Horomia, MP, (Labour), sitting Member for Ikaroa-Rawhiti, died on 29 April 2013 aged 62. Mr Horomia was elected to Parliament in 1999, and was appointed Associate Minister of Education in that year’s incoming Labour Government
and served as Minister of Maori Affairs from 2000 to 2008. The 800-strong community of Tolaga Bay on the North Island’s East Coast hosted 12,500 people from all over New Zealand for Mr Horomia’s tangihanga [mourning and funeral], which was also attended by nearly all Members of Parliament. Later in the House, leading the many tributes to Mr Horomia, the Prime Minister said: “Parekura had the rare ability [to bridge] the parliamentary divide. He became the person able to bring all Maori MPs together from across the House. His experience and mana [authority] were often drawn upon, and in many respects Parekura was Parliament’s kaumatua [elder statesman] figure.” Mr Shearer said: “[Parekura] never forgot where he came from. He never forgot his people. In his
time as Minister he introduced [Maori] radio, he introduced Maori Television, 67 per cent more Maori went on to tertiary education, and Maori unemployment halved. In Parekura’s maiden speech, he talked about…walking to school five kilometres there and back with his seven brothers and sisters, while the school bus that was often full of Pakeha [nonMaori] kids was driving by him. He said, as he became Minister: ‘now, as an Associate Minister of Education, responsible for school transport…I am helping to drive the bus’, and he said that as one of the drivers, you could be damn sure he was going to stop the bus and pick up as many Maori as possible. He did that all his life, and he picked up a whole lot of Pakeha along the way as well”. The Minister of Maori Affairs, Hon. Dr Pita Sharples, MP,
(Maori Party) said: “It was good to see all the parties present [at the tangihanga], hear the speeches given, and all united in a common cause. But more important was how many tribes came to that funeral. I hope that we can unite more on other things.” Fellow East Coast Member Ms Moana Mackey, MP, (Labour) noted: “Some have expressed astonishment at the enormous numbers who came to mourn him, from Prime Ministers and Kings to the guy who washes windows down the street, but those of us who worked with him on an everyday basis were not surprised at all. You know you have had an impact on people’s lives when your tangihanga has an information stand and Radio New Zealand is reporting traffic updates for Auckland, Wellington, and Tolaga Bay.”
THIRD READING: NEW ZEALAND Criminal Procedure Legislation Bill Nine Bills divided from the Criminal Procedure Legislation Bill had their third readings on 30 May. They make largely technical amendments to clarify the intention of the Criminal Procedure Act 2011 and related legislation, which reformed court processes to remove avoidable delay, excessive complexity, unnecessary costs, and a high reliance on paper-based systems. The Associate Minister of Justice, Hon. Chester Borrows, MP, (National) said that the amending legislation would ensure that “the largest criminal procedure reforms in 50 years can be implemented effectively and coherently and that the benefits predicted are fully realised.” The 2011 Act classified criminal offending under four categories based on the severity of the penalty an offence attracts, and initially the amending Bill would have allowed references to the word “crime” in other legislation to be amended by mere regulation. However, after hearing submissions that this power might be used inappropriately, the Justice and Electoral Committee recommended removing the provision before the Bill’s second reading. Andrew Little, MP, (Labour) said that criminal justice legislation requires “certainty and agreement in this House…because it
affects people’s lives, but, most important, it affects their constitutional rights, and…potentially affects their liberty”. He also said that “…the select committee process showed that the government was listening. This is perfectly acceptable legislation now that ought to have the backing and the support of this House”. Mr David Clendon, MP, (Green Party) noted: “It is actually quite a rare day that the Greens…support a government justice Bill throughout every reading, [because] generally they fail to meet the standards of good lawmaking. Unfortunately, at the same time that this very useful legislation is being put in place…we are seeing other aspects of policy [implementation] that are working against the intention of this—issues like staff cuts in our courts.” Hon. Phil Goff, MP, (Labour) compared this legislation’s progress with that of other recent legislation: “Going back to just the last week of this session, we were pushing through under urgency things that never went to a select committee at all. They … did not get the benefit of having ordinary citizens and people who are experts in their fields … look at the legislation to make sure that what this Parliament is intending to do is actually carried out in the form of the legislation.” The Bills were passed unanimously.
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PARLIAMENTARY REPORT
Youth Parliament The 2013 Youth Parliament was held on 16 and 17 July 2013. Youth Parliament, which has been held every three to four years since 1994, is a chance for young people to see firsthand how New Zealand’s Westminster system of Parliament works. The Youth MPs were selected from throughout New Zealand by their local electorate MP or list MP, along with 20 Youth Press Gallery members. The Youth MPs spent their two days much like any regular MP’s day, with briefings, caucus
NEW ZEALAND meetings, select committee meetings, and debates in the Chamber. As has become custom during Youth Parliament, the Youth MPs took part in question time, where actual Ministers answered their questions. A legislative debate was held on a mock bill, entitled the “Electoral Law Reform Bill”, which aimed to increase voter participation, particularly of young people, in the electoral process by lowering the voting age from 18 to 17 years of age, introducing electronic voting, and making voting compulsory. Following
robust debate in the Chamber, youth members exercised a personal vote and voted down the mock bill. A general debate was also held on the Youth MPs’ self-selected topics ranging from capital punishment, to binge drinking, to the Maori language. The Youth MPs also participated in select committees and reported back to the House on their inquiries into a number of areas, including “Can New Zealand afford to be free range?” and “Purchasing online: supporting modern
consumerism.” The Youth Press Gallery members were mentored by members of the Press Gallery. They had the opportunity to observe the Youth MPs’ debates and attend select committee meetings, and some even had their work published in regional newspapers. The Hansard for Youth Parliament and the select committee reports will be available on the New Zealand Parliament’s website, once the Minister of Youth Affairs tables the documents in Parliament.
THIRD READING: NEW ZEALAND The Education Amendment Bill The Education Amendment Bill, began its third reading on 4 June, and allows for the creation and operation of a new type of school to be known as “partnership schools kura hourua” (publicly funded, privately-owned schools, formerly referred to as charter schools). Moving the third reading Minister of Education, Hon. Hekia Parata, MP, said the Bill would “play a key role in supporting the government’s objective of how we get five out of five students achieving educational success”. These schools would allow “for partnership between the community sectors, business, and education”. “We have singlesex and co-ed; we have total immersion in English and total immersion in Maori, and bilingual units; we have faith-based and secular-based schools; what partnership schools do is offer us another option.” Hon. John Banks, MP, (ACT) referring to “a long tail of underachievement in New Zealand” said “tonight kids are the winners”. Ms Tracey Martin, MP, (Green) responded: “If this policy was about targeting those children who are achieving in the tail…If these schools had closed rolls only to target those students whom we are not supporting well enough inside our public school system, that would be different, but they are not.” Opposing the Bill, Mr Chris Hipkins, MP, (Labour) said: “Seventy-one percent of New Zealanders are opposed to charter schools…because they know that the money that is sucked out of the education system…is not money that is going into educating kids.” “Stanford University did research into charter schools and found that for 37 per cent of learners, they produced significantly worse outcomes—for 37 per cent. For 46 per cent they made no difference at all, and only 17 per cent did better in charter schools.” Dr Megan Woods, MP, (Labour) warned “the ongoing funding and support for charter schools will not be guaranteed under a future Labour Government. We will not guarantee any charter school established during this term of the present government the right to integrate into the State school system. No further charter school will be established under a New Zealand Labour Party Government, and legislation allowing for their establishment will be repealed”. Mr Simon O’Connor, MP, (National) said: “This Bill is not about replacing schools; this is about an addition. This is not removing the current system; this is adding on to it in the same way that our special character schools work.” The Bill passed its third reading by 62 votes to 57.
The Crown Minerals Amendment Act 2013 Amendment Bill The Crown Minerals Amendment Act 2013 Amendment Bill progressed through all stages under urgency on 17 and 18 May. The Bill amended the Crown Minerals Amendment Act, which was passed on 16 April 2013 by a majority of one vote. In his first reading speech on 17 May the Minister of Energy and Resources, Hon. Simon Bridges, MP, said the legislation was needed because of significant omissions in the transitional provisions of the Crown Minerals Amendment Act 2013, which “established a new approach to the Crown’s management of the petroleum and minerals estate”. At the Bill’s third reading on 18 May the Minister of Conservation, Hon. Dr Nick Smith, MP, speaking on behalf of the Minister of Energy and Resources, responded to criticism by Opposition members during the earlier stages of the Bill. “Much has been made by the opposition of the Bill correcting errors in the previous Act that was passed. The only people in this Parliament who have not made mistakes are those who have not done anything. I also note criticism that these amendments have been picked up before the Act took effect…I take the opposite view. For the Minister to get on and fix these errors before the Act comes into effect ensures that the public is not adversely affected by any such errors.” Opposing the Bill and its passage under urgency Ms Moana Mackey, MP, (Labour) said “We have had no New Zealand Bill of Rights Act vet on this legislation. We have had no regulatory impact statement. We have had no ability to scrutinize the legislation at a select committee to see whether or not it is consistent with international law. All we got was a regulatory impact statement for the previous Bill.” Mr Gareth Hughes, MP, (Green) described the process as “lawmaking at its worst”, because the government under urgency was “passing amending legislation to amend legislation that still has not come into effect, with no select committee process, no regulatory impact statement, and, in fact, no actual answers in the Committee stage. The only parliamentary scrutiny our country has is the ability to question the Minister and his officials. Yet the Minister refused to take a single call, and neither did any National member take a call, in the Committee stage”. The Bill passed by 68 votes to 46.
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INDIA
Law for women safety and security The Parliament of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in order to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012 and incorporated many of the recommendations made by the Parliamentary Standing Committee on Human Resource Development which had thoroughly examined the Bill that had been introduced in the Lok Sabha on 7 December 2010. The Rajya Sabha passed it on 26 February 2013 and the Bill received the assent of the President on 23 April 2013. The Act defines “sexual harassment at the workplace” in a comprehensive manner. It includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) such as: (i) physical contact and advances, and (ii) a demand or request for sexual favours. The following circumstances, among others, may amount to sexual harassment: (i) implied or explicit promise of preferential treatment in her employment; (ii) implied or explicit threat of detrimental treatment in her employment; and (iii) implied or explicit threat about her present or future employment status. According to the Act, an “aggrieved woman” means in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the respondent. The ‘workplace’ includes any department, organization, etc, which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate government, or local authority, and any private sector organization to name but a few. “Unorganized sector” means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service, where the enterprise employs workers, the number of which is less than ten.
Smt. Krishna Tirath, MP
The Act also defined ‘domestic worker’ as a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any member of the family of the employer.
The Act provides for a redressal mechanism in the form of an Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more workers are mandated under the Act to constitute an ICC. The ICC will be a four member committee under the chairpersonship of a senior female employee and will include two members from amongst the employees preferably committed to the cause of women or has experience in social work/legal knowledge, including a third party member (NGO etc) as well. A complaint of sexual harassment can be filed within a time limit of three months. This may be extended to another three months if the woman can prove that grave circumstances prevented her from doing the same. The Act provides for conciliation, whereby the ICC/ LCC can take steps to settle the matter between the woman and the respondent. However, this option will be used only at the request of the woman. In cases where the allegation is proven to be true, the committee can recommend action in accordance with the provision of service rules applicable to the respondent or as per the rules which will be prescribed where such service rules do not exist. The committee can also recommend deduction of an appropriate sum from the salary of the respondent or ask respondents to pay the sum.
In cases where the allegation against the respondent has not been proven then the committee can write to the employer/district officer that no action needs to be taken in the matter. The Act casts a responsibility on every employer to create an environment which is free from sexual harassment. Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc. On 26 February 2013, the Rajya Sabha took up the Bill as passed by the Lok Sabha for consideration. The Minister of State of the Ministry of Women and Child Development, Smt. Krishna Tirath, moving the motion for consideration of the Bill, said the main object was to provide safe environment to the women at their workplace, to prevent their sexual harassment and to make them economically empowered so that they could do their work properly. The Bill not only covered those women who worked in the government offices, but also at all workplaces both in public and private sectors, whether organized or unorganized. The Bill cast a responsibility on every employer to create an environment at every workplace that is free from sexual harassment. Dr Nazma A.
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Heptulla (BJP) had objection to the words “sexual harassment” mentioned in the title of the Bill as all types of harassment could not be covered under these two words as women were harassed mentally as well as physically. She asked the government to clarify its position on the harassment of a woman by another woman at work place. As the legislation was not for the central government alone, she wanted to know whether the state governments also had been taken into confidence and how the Act would be implemented at the grass root level in villages. Dr Prabha Thakur (INC) said transportation facilities must be provided to the women going home late from work. The punishment for asking sexual favours should be made more stringent, while rape victims should be provided lawyers. Time bound justices must be provided and death penalty should be given for crimes like gang rape as it was prevalent in some other countries. Supporting the Bill, Dr T.N. Seema (CPI-M) wanted to know about the methodology of implementation of the Act in the unorganized sector. She
Dr T.N. Seema, MP
observed that crimes against women were on the rise in the country while the implementation side of the existing laws was very poor. She strongly objected to the inclusion of the clause in the Bill that provided penal action against the complainant
INDIA for making false complaints as it would defeat its very purpose. Shri D. Bandyopadhyay (AITC) while supporting the Bill, expressed some doubts about its implementation. He suggested that at the Gram Panchayat (Local self government) level women members should be given the power of vigilance and take action under this Act as well as under the Domestic Violence Act. Smt. Vandana Chavan (NCP) said appropriate steps should be taken to ensure that women felt safe in public life and public spaces and also to make cities and towns genderfriendly. She also expressed reservation on the clause that provided punishment for false or malicious complaints. Dr Ashok S. Ganguly (Nominated) said harassment of women in India was not only a national shame but was a national burden. Since the Bill was for protection of women at the workplace, the Annual Reports of employees must contain a section on sexual harassment of women. Dr Bharatkumar Raut (SS) was sceptical about the effectiveness of the law and observed many women employees were being denied promotions on the ground of gender which was nothing but sexual harassment. Shri Rama Chandra Khuntia (INC) believed that the main reason for harassment of women was their under-representation in the nation’s workforce. Lamented that private employers did not want to employ women, he argued that if an employer denied employment to a woman on gender bias, he should be punished. He strongly believed punishing the culprits and creating the opportunity to make 50 per cent space for women would go a long way in addressing the problem. Smt. Maya Singh (BJP) said even though the Bill broadly defined sexual harassment of women in the workplace, women working in education and professional
sectors might not get the same protection. The empowered ICC enjoyed the power of civil court but having the knowledge of law or giving legal training to any member was not mentioned in the Bill. Smt. Gundu Sudharani (TDP) said it was an important legislation for protecting women against sexual harassment at work. She requested the government to include “eve-
Smt. Smriti Zubin Irani, MP
teasing” as sexual harassment under the Bill. Shri Ram Kripal Yadav (RJD) requested the Minister to think about constituting special courts so that cases could be disposed of in a given time and criminals could be punished. He also strongly objected to the clause that sought to provide punishment for false or malicious complaints. Smt. Kanimozhi (AIADMK) said since many workers, particularly agricultural workers were not capable of giving written complaints and as not everybody was really comfortable in writing or giving a written complaint, the aggrieved persons or the victims should be allowed to go and give their complaints orally. Referring to the provision for conciliation, she argued that since the law had been brought forward to protect women, how could there be conciliation in these cases? This was not a business contract, where conciliation could be achieved over the table. The clause relating to punishment for false or malicious complaint
and false evidence seemed to be working against the purpose of the legislation. Smt. Renubala Pradhan (BJD) suggested for constituting separate forums at district and block levels with women members only so that the victimized women could properly voice their grievances. She was also for constituting special fast track courts throughout the nation, at least, at all district and sub-divisional levels for deciding cases under the law. Dr Vijaylaxmi Sadho (INC) was of the view that the agricultural labourers working in rural areas faced maximum harassment and should be covered under the law. She requested the Minister to pay more attention to the mental and physical harassment of women in addition to sexual harassment. Smt. Smriti Zubin Irani (BJP) regretted that as far as violence against women was concerned, there were very few cases of conviction. The Bill spoke about providing assistance to women in making complaints in writing if complainants were unable to do so, but made no comment on what would happen in cases where the ICC or the LCC did not provide support to the aggrieved women. With regards to settlement, the Bill made no mention of how the Committee was to conclude whether an aggrieved woman or her family had been pressurized to reach a settlement. The Bill also failed to mention repeat offenders who managed to reach settlement. Smt. Tirath was happy that all Members had supported the Bill. The District Magistrate would constitute the district level committee for the unorganized sector and there would be ICC for the organized sector. The aggrieved woman might opt for conciliation only if she thought the incident was of a minor nature. At the end of the debate, the Rajya Sabha passed the Bill.
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AUSTRALIA
Rudd becomes Prime Minister for a second time On 26 June, in the last sitting week of the current parliament, Hon. Kevin Rudd, MP, challenged the Prime Minister Hon. Julia Gillard, MP, and won 57 votes to 45. The leadership ballot was set in the midst of deteriorating
Hon. Kevin Rudd, MP
opinion polls and the possibility of a massive electoral defeat for the government at the forthcoming election. In March a similar attempt to replace Ms Gillard was made but at that time Mr Rudd refused to stand. Ms Gillard called a caucus ballot for the leadership amid speculation that Rudd supporters were circulating a petition to call for a special caucus meeting to again decide the leadership. In her statement she vowed that if she lost she would retire and she expected the same of Mr Rudd. Mr Rudd explained that he had chosen to run, which went against a previous commitment not to, because of the “tens of thousands” of Australians that implored him to do so. Ms Gillard’s chances of retaining the
THIRD READING: AUSTRALIA Parliamentary Service Amendment (Freedom of Information) Act 2013 Historically, the parliamentary departments were excluded from the application of the Freedom of Information Act 1982 (FOI Act). However, the Leader of the House, Hon. Anthony Albanese, MP, noted that when a separate parliamentary service was created under the Parliamentary Service Act 1999, it became “apparent that the FOI-exempt status of the three parliamentary departments was inadvertently removed”. Mr Albanese stated that “the Parliamentary Service Amendment (Freedom of Information) Bill 2013 amends the Parliamentary Service Act to restore the previously understood position of three of the four parliamentary departments in relation to the operation of the Freedom of Information Act 1982 (FOI Act). The Bill does not affect the Parliamentary Budget Office which the Parliament has already designated as an exempt agency under the FOI Act”. The parliamentary departments have over a long period complied with the spirit of the FOI Act by providing access to administrative information. Mr Albanese notes that this was done on a voluntary basis and without the legal protections that would have been available under a scheme tailored to the needs of the Parliament. Mr Albanese concluded that “as a result of the inadvertent removal of their exemption, it is now apparent that the parliamentary departments are now subject to an act which was not designed to take into account the constitutional position of the Parliament”. Mr Albanese noted that “this step has been prompted by concerns expressed by the Joint Committee on the Parliamentary Library about the library’s ability to continue to provide individual members and senators with research and advice on a confidential basis in an environment where FOI access decisions are ultimately made by agents of
the executive government and by the courts”. There are alternative approaches to the FOI Act that may provide a solution. Mr Albanese stated that “in relation to the courts, for example, the separation of powers is respected by the application of the FOI Act to documents of an administrative character only”. The Parliamentary Service Amendment (Freedom of Information) Act is an interim measure “to preserve the right of the Parliament to make a deliberate decision about the FOI status of the Department of the Senate, the Department of the House of Representatives and the Department of Parliamentary Services”. The Act restores the status quo pending consideration of the recommendations of a review of the FOI Act by retired senior public servant Dr Allan Hawke AC. Senator Scott Ryan indicated that the Coalition supported the legislation. Senator Ryan commented that there were longstanding justifications and reasons for restoring the previously understood position of FOI to the parliamentary departments. He noted that it was particularly important relating to the abilities of “Members and Senators to go about their respective duties and the rights and privileges of the houses to determine their own affairs”. Senator Ryan pointed out that the parliamentary departments cooperate with the spirit of the Act by providing access to administrative information when requested. In addition, further accountability is provided through staff of the Department of the Senate and the Department of Parliamentary Services appearing before Senate estimates committees. The Senate Information Bulletin noted that “amendments moved by the Australian Green to make the parliamentary departments subject to the FOI Act in respect of defined administrative documents, while preserving parliamentary privilege, were not supported on the grounds that they were premature while the Hawke review was ongoing”.
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leadership took a serious blow when, 20 minutes before the vote, powerbroker Hon. Bill Shorten, MP, advised publicly that he was shifting his support behind Mr Rudd. Ms Gillard, shortly after her defeat, confirmed that in accordance with her pledge she would not recontest the next election. Ms Gillard was Deputy Prime Minister from 2007 to 2010 and Prime Minister from 2010 to 2013. She stated that “I am very proud of what this government has achieved, which will endure for the long term. Very proud of the way in which we achieved health reform, against the odds, with newly elected conservative leaders. Very pleased that we pushed through and put a price on carbon – an historic reform that will serve this nation well and required us to have the guts and tenacity to stare down one of the
Hon. Tony Abbott, MP
most reckless fear campaigns in this nation’s history”. In relation to the leadership ballot Ms Gillard stated that “I understand that at the caucus meeting today, the pressure finally got too great for many of my colleagues. I respect that. And I respect the decision that they have made. But I do say to my caucus colleagues: don’t lack the guts, don’t lack the fortitude, don’t lack the resilience to go out there with our Labor agenda and to win this election. I know that it can be done”. On being the first female
AUSTRALIA Prime Minister, Ms Gillard said “I want to just say a few remarks about being the first woman to serve in this position. There’s been a lot of analysis about the so-called gender wars. Me playing the so-called gender card because heavens knows no-one noticed I was a woman until I raised it, but against that background, I do want to say about all of these issues, the reaction to being the first female Prime Minister does not explain everything about my prime ministership, nor does it explain nothing about my prime ministership”. Mr Rudd, after being elected as the new leader, said “I want to pause to acknowledge the achievements of my predecessor, Julia Gillard. She is a woman of extraordinary intelligence, of great strength and great energy. All of you here in the national press gallery and across the nation would recognise those formidable attributes in her, and I know them, having worked with her closely for some years”. In relation to why he recontested the position, Mr Rudd revealed that “for me, it’s pretty basic, it’s pretty clear. I simply do not have it in my nature to stand idly by and to allow an Abbott government to come to power in this country by default. I’ve known Mr Abbott for 15 years, since I was elected to this place the first time. I recognize his strengths. I also recognize, however, that Mr Abbott is a man steeped in the power of negative politics. And he’s formidable at negative politics. But I see no evidence of a real positive plan for our country’s future”. On 27 June Mr Rudd was sworn in as Prime Minister by the Governor-General of Australia. Some commentators raised concerns, but not for long, about Mr Rudd’s ability to control the floor of the House of Representatives particularly in view of statements by some
independent members that their agreement to guarantee support in any no-confidence motion was with Ms Gillard. At 12 noon when the House met, Mr Rudd advised the House that he had been sworn in as Prime Minister and discussed Ministerial arrangements. Throughout the day, the government managed business and there was no move to bring on a no-confidence motion. The Leader of the Opposition,
Minister has been dragged down. Her replacement owes the Australian people and the Australian Parliament an
Hon. Anthony Albanese, MP
Sen. the Hon. Penny Wong
Hon. Tony Abbott, MP, congratulated Mr Rudd on his appointment. In relation to Ms Gillard, Mr Abbott noted that “the former
Sen. the Hon. Jacinta Collins, MP
Prime Minister should have been dealt with by the Australian people at an election and not by the faceless men in the caucus last night”. Mr Abbott further commented that “this is a fraught moment in the life of our nation. A Prime
explanation. Frankly, he owes the Australian Parliament an explanation at this time”. In the wake of Ms Gillard’s defeat, a number of loyal Ministers resigned including the Treasurer, Hon. Wayne Swan, MP, the Minister for Broadband, Communications and the Digital Economy, Sen. the Hon. Stephen Conroy, the Minister for School Education, Skills, Science and Research, Hon. Peter Garrett, MP, the Minister for Trade and Competitiveness, Hon. Craig Emerson, MP, and the Minister for Climate Change, Industry and Innovation, Hon. Greg Combet, MP. In contrast, Mr Rudd’s appointment as Prime Minister created the opportunity for a number of Rudd supporters who resigned under Ms Gillard to return to the Ministry or take on more senior positions. Notably, Hon. Anthony Albanese, MP, took on the role of Deputy Prime Minister, Sen. the Hon. Penny Wong became Leader of the Government in the Senate and retained her position as Minister for Finance and Deregulation. Sen. the Hon. Jacinta Collins became Deputy Leader of the Government in the Senate and joined the Cabinet as Minister for Mental Health and Aging, Hon. Chris Bowen, MP, was
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AUSTRALIA appointed Treasurer, Sen. the Hon. Kim Carr rejoined the Cabinet as the Minister for Innovation, Industry, Science and Research and Minister for Higher Education, Hon. Catherine King, MP, joined the Cabinet as the Minister for Regional Australia, Local Government and Territories, and Hon. Richard Marles, MP, became Minister for Trade. The election of Mr Rudd placed into doubt the timing of the federal election. In January, Ms Gillard, in a break with convention, gave significant warning and named 14 September as the date for the election. However, Prime Minister Rudd was not bound by this commitment and only committed to holding an election subject to the constitutional framework. Under section 28 of the constitution the latest the House of Representatives could be dissolved was three years after the first meeting of the current Parliament which was 27 September 2013.
Hon. Greg Combet, MP
Federal Election The Prime Minister announced that the 43rd Parliament would be prorogued and the House of Representatives dissolved on 5 August for a House of Representatives and a half Senate election on 7 September 2013. Prime Minister Rudd, in announcing the election, noted that the mining boom was over
and stated that “this election will be about who the Australian people trust to best lead them through the difficult new economic challenges which now lie ahead”.
He added that “while economies around the world tumbled into recession, we in this country, Australia acting with business have kept the economy out of recession, almost uniquely
across the developed countries of the world. And while others continue to make false claims that somehow this country is in a debt and deficit crisis, they can never answer this simple
THIRD READING: AUSTRALIA DisabilityCare Australia Fund Act 2013 The DisabilityCare Australia Fund Act, part of a package of 12 other Acts, establishes the DisabilityCare Australia Fund to consist of the DisabilityCare Australia Fund Special Account and the investments of the DisabilityCare Australia Fund to fund the National Disability Insurance Scheme (NDIS). The former Treasurer, Hon. Wayne Swan, MP, commented that “for too long, people with disability, and their carers and families, have lived with inequity and uncertainty”. The Treasurer noted that through this legislation “the government will provide a strong and enduring funding stream for DisabilityCare Australia and, to provide certainty to people with disability that they will receive support in the long term, the government will increase the Medicare levy from 1.5 per cent to two per cent from 1 July 2014”. Mr Swan commented that through the Medicare increase “we are asking Australians to make a small contribution that will make a very big difference to the lives of over 460,000 people with disability”. The Treasurer advised that every dollar raised from the Medicare levy would be paid into the DisabilityCare Australia Fund. The DisabilityCare Australia Fund will be managed by the Future Fund Board of Guardians. The Bill requires that a fixed amount of the money flowing into the fund each year will be set aside for the states and territories. The Treasurer advised that “over 10 years, the states and territories will be allocated a total of $9.7 billion”. Senator Mitch Fifield was pleased to give the Opposition’s support for the DisabilityCare Fund Bill and the accompanying 12 bills. Senator Fifield noted that “every Senator in this chamber knows very well that the system of support for Australians with disability is broken”. He stated that “there is consensus that we do need and will be getting a new system of support that is based on need rather than on rationing, where the entitlement will go to the individual, where the individual will be at the centre and in charge and where they will be able to pick their service provider for aids, equipment and other supports that they may receive”. Senator Fifield commented that “the NDIS is a once-in-a-generation
opportunity to deliver a better deal for Australians with disability, because it will unfold over the lives of several Parliaments, we think it is important that the NDIS is seen as the property of the Parliament as a whole rather than of any individual political party”. In relation to the increased Medicare levy, Senator Fifield noted that the coalition did not propose the levy. He stated that “there should not be the need for a levy and the government is only proposing a levy because they have blown the bank and have failed to prioritize”. Senator Fifield noted that the coalition considered the “Medicare levy increase as being only a temporary measure until the budget has been repaired and is in strong surplus”. However, in the interim, Senator Fifield concluded that people with disabilities should not have to wait any longer for the support they need and so “the coalition is prepared to support the government’s proposed increase to the Medicare levy”. Senator Christine Milne, Leader of the Australian Greens, noted the Greens strong support for the scheme and welcomed “the fact that the Gillard Government has moved in this way to provide care for people living with disability, no matter how that disability was acquired, to ensure that people will have daily care and to support delivering basic needs to allow full participation in society”. She noted that “disability currently affects one in every five Australians and that 95 per cent of Australians will enter the disability community, either temporarily or permanently, at some point in their lives”. In particular, Senator Milne observed that “the scheme will pay for carers to give parents of children with disability a break”. She stated that “it is absolutely essential that people are supported so that they can have a break in order to maintain the ongoing work that they do and to enable them to continue the loving support that they give to their family member with a disability”. Senator Milne advised that a proposal by the Greens for a trial specifically for Aboriginal people living with a disability had been adopted, saying that “the Australian Greens recognize that Aboriginal and Torres Strait Islander people living with a disability often have significant difficulty accessing appropriate services”.
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PARLIAMENTARY REPORT
question: if that is the case, why does Australia among only eight countries in the world continue to have a Triple-A credit rating and stable outlook”. Mr Abbott embraced the election announcement commenting that “the Coalition offers real change with a positive plan and a united team – real change for the better. We will deliver strong, experienced and
Senator Christine Milne
stable government, a stronger economy, stronger borders, a stronger Australia and a better future – for all Australians”. He concluded that “Australians can be confident that the Coalition will deliver a strong, prosperous economy and a safe, secure Australia because we have listened to people from all parts of our country, and carefully developed Our Real Solutions Plan to build a strong Australia and a better future – for all Australians”. The Leader of the Australian Greens, Senator Christine Milne, also welcomed the election announcement stating that “while Kevin Rudd and Tony Abbott continue to fight each other in a race to the bottom on important issues like climate change and asylum seekers, the Greens are standing up for what matters”. She continued that “the Australian Greens will be calling on people to vote for a caring and sustainable Australia and to vote against cruelty and environmental destruction. We have our eyes
AUSTRALIA firmly fixed on the big issues that matter to everyone - protecting the environment, building a caring Australia and creating a new diversified, innovative and lowcarbon economy”. Senate Budget Estimates 27 May to 7 June 2013 Budget estimates were held in the two week period from 27 May to 7 June 2013. Estimates hearing are the most effective means by which the Parliament scrutinizes and holds executive government to account. Through the estimates process the Senate assesses the performance of the public service and its administration of government policy and programmes. During estimates, various Senate committees hold hearings at which the responsible minister, or representative, and officers appear to answer questions on their respective programmes. During estimates hearings, the Senate usually does not sit. Estimates hearings are held in public and committees performing their estimates functions do not receive confidential material. The Senate Procedural Information Bulletin (SPIB) often examines the conduct of Budget estimates, and sometimes discusses poor attempts and “barely-formulated excuses” by public servants who seek to avoid answering questions. Notwithstanding these attempts the SPIB noted that “the fact is that the estimates hearings remain one of the sharpest instruments of accountability in our system of government, providing a forum for detailed scrutiny of agency performance”. The SPIB examined the issue of witnesses trying to use the grounds of public interest immunity to avoid answering questions. For example, during scrutiny by the Senate Education,
Employment and Workplace Relations Legislation Committee Sen. the Hon. Eric Abetz asked whether the agency had sought legal advice about compulsory arbitration. The officer refused to answer on the grounds of legal professional privilege but eventually took the question on notice. In response to this matter, the Chair of the Committee Senator Gavin Marshall stated that: “no witness has an independent discretion to decline to answer a question. An officer has a right, under Privilege Resolution 1(16), to refer a question to a senior officer or a minister. Alternatively, an officer may state the public interest ground on which he or she believes it may not be in the public interest to disclose the information requested and specify the harm to the public interest that could result from disclosure of the information. The order of the Senate of 13 May 2009, to which I have already referred, then sets out
Senator Gavin Marshall
the process to be followed. There is no other basis on which an answer may be withheld from a committee. It is very difficult to see how the answer to a question whether legal advice has been sought on a matter could attract legal professional privilege, let alone how it could harm the public interest. “The public interest in the Commonwealth agencies being accountable to committees
of this parliament for their administration of taxpayers’ money must, in most cases, prevail. It has never been accepted in the Senate, nor in any comparable representative assembly, that legal professional privilege provides a ground for refusal of information in a parliamentary forum.” Senator Marshall explained that, in most cases, there were no grounds for officers to use legal professional privilege as grounds for not answering questions from a parliamentary committee. He stated that “the first question in response to any such claim is: to whom does the legal advice belong—to the Commonwealth, or some other party? Usually, it belongs to the Commonwealth. Legal advice to the federal government, however, is often disclosed by the government itself. “Therefore, the mere fact that information is legal advice to the government does not establish a basis for this ground. It must be established that there is some particular harm to be apprehended by the disclosure of the information, such as prejudice to pending legal proceedings or to the Commonwealth’s position in those proceedings. If the advice in question belongs to some other party, possible harm to that party in pending proceedings must be established. And, in any event, the approval of the party concerned for the disclosure of the advice may be sought”. The SPIB commented in relation to this matter that “the public interest in Commonwealth agencies being accountable to committees of this Parliament for their administration of taxpayer’s money must, in most cases, prevail”. The SPIB noted that “the same witness had been criticized for similar unsoundly-based claims in two previous estimates reports of the committee in June 2006 and March 2007”.
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THE CPA ORGANIZATION
CPA ORGANIzATION Commonwealth Parliamentary Association Executive Committee and Secretariat, and Commonwealth Women Parliamentarians Steering Committee
CPA Executive Committee PATRON: H.M. Queen Elizabeth II (Head of the Commonwealth)
VICE-PATRON: Rt Hon. Cavaye Yeguie Djibril Speaker of the National Assembly, Cameroon
Officers President: Rt Hon. Cavaye Yeguie Djibril (Speaker of the National Assembly, Cameroon) Vice-President: VACANT Chairperson of the Executive Committee: Rt. Hon. Sir Alan Haselhurst, MP (United Kingdom) Vice-Chairperson of the Executive Committee: Hon Ronald Kiandee (Deputy Speaker of the Parliament of Malaysia )
Hon. Dr Benjamin Bewa-Nyog Kunbour (Minister for Parliamentary Affairs and Majority Leader, Ghana) Hon. Abel Stronge, MP (Speaker of Parliament, Sierra Leone) Hon Nomaindia Cathleen Mfeketo, MP (Deputy Speaker, National Assembly, South Africa) Hon. Maj. Gen. Moeng R Pheto, MP (Botswana)
BRITISH ISLANDS AND MEDITERRANEAN Deputy Michael George O’Hara (Guernsey) Dr Roberta Blackman-Woods, MP (United Kingdom) Hon. Carmelo Abela, MP (Malta)
CANADA ASIA
Treasurer: Hon. Marwick Khumalo, MP (Swaziland)
Hon. Rana Muhammad Iqbal Khan, MPA (Speaker of the Provincial Assembly, Punjab, Pakistan)
Chairperson of the CWP: Rt Hon Rebecca Kadaga, MP (Speaker, Parliament of Uganda)
Hon. Abdulla Shahid, MP (Speaker , The People’s Majlis , Maldives)
Regional Representatives
Mrs Vicki Dunne, MLA (Australia Capital Territory)
Hon. Gene Zwozdesky, MLA (Speaker of the Legislative Assembly, Alberta) Mr Russ Hiebert, MP (Canada) Hon Ross Wiseman, MHA (Speaker of the House of Assembly, Newfoundland and Labrador)
Hon. Chamal Rajapaksa (Speaker of Parliament, Sri Lanka) CARIBBEAN, AMERICAS AND ATLANTIC AUSTRALIA
AFRICA Hon. Elijah Okupa, MP (Uganda) Sen. the Hon. Chief Letapata Makhaola (President of the Senate, Lesotho)
Hon. Barry House, MLC (President of the Legislature Council, Western Australia) Hon. David Buffet, AM, MLA (Speaker of the Legislative Assembly)
Dr the Hon. Kendal Major, MP (Speaker of the House of Assembly, Bahamas) Hon. Hendrick Alexander, OBE, MP (Speaker of the House, St Vincent and the Grenadines)
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THE CPA ORGANIZATION
Hon Teresina Bodkin, MP (Speaker, Montserrat)
CPA Regional Secretaries
PACIFIC
AFRICA Dr Thomas Kashililah (Parliament of Tanzania)
SOUTH-EAST ASIA Mrs Roosme Hamzah (Parliament of Malaysia)
Mr Steve Cutting (Parliament of New Zealand)
INDIA Hon. Kiyanilie Peseyie, MLA (Speaker of the Legislative Assembly, Nagaland) Shri Prem Das Rai, MP (India) Hon Nadendla Manohar, MLA (Speaker of the Legislative Assembly, Andhra Pradesh)
PACIFIC Hon. Ludwig Scotty, MP (Speaker of Parliament, Nauru) Lord Fakafanua (Speaker of Parliament, Tonga) Dr Megan Woods, MP (New Zealand)
Hon Ronald Kiandee (Deputy Speaker, Malaysia) Hon. S.K Devamany (Speaker of Legislative Assembly, Perak)
Ag Director of Finance and Administration Mr Joe Omorodion Assistant Director of Programmes Ms Meenakshi Dhar
ASIA Mr. Md. Ashraful Moqbul (Parliament of Bangladesh)
AUSTRALIA Mr Tom Duncan (Acting Honorary Regional Secretary Parliament of the Australia Capital Territory) BRITISH ISLES & MEDITERRANEAN Mr Andrew Tuggey (Parliament of the United Kingdom)
CANADA Mr Blair Armitage (Parliament of Canada)
CPA Secretariat 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 Following a decision by the Executive Committee in Johannesburg, South África, in Septtember this year, the CPA Secretariat will have a new organizational structure with effect from January 2014. Under the new structure, Ms Meenaksh Dhar will be the Director of Programmes and Mr Joe Omorodion will be the Director of Finance. The Other staff members will be in positions as shown hereunder:
Assistant Director International Coordination Mrs Musonda Sandy Assistant Director Communications and Research Ms Arlene Bussette Publicity and Editorial Officer Ms Lisa Leaño Executive Assistant to the SecretaryGeneral Mrs Luseane Chesham Executive Assistant to the Director of Communications and Research Ms Anna Schuesterl Executive Officer Mr Ian McIntosh
SOUTH-EAST ASIA Dr Lam Pin Min, MP (Singapore)
Secretary-General: Dr William F. Shija
CARIBBEAN, AMERICAS & ATLANTIC Ms Heather Cooke (Parliament of Jamaica)
Office Receptionist Ms Wezi Nyirenda Executive Assistant to the Director of Finance and Administration (Temp) Mr Irfan Ramzan
INDIA Shri T.K. Viswanathan (Parliament of India)
Commonwealth Women Parliamentarians: Steering Committee PRESIDENT TBA (Cameroon)
ASIA Hon. Sagufta Yasmin, MP (Bangladesh)
CANADA Ms Myrna Driedger, MLA, (Manitoba)
CHAIRPERSON Rt. Hon. Rebecca Kadaga, MP (Speaker of the Parliament, Uganda)
AUSTRALIA TBA (Australia)
CARIBBEAN, AMERICAS AND ATLANTIC Hon. Glenys Hanna-Martin, MP (Bahamas)
AFRICA Hon. Lucia Witbooi, MP (Namibia)
BRITISH ISLANDS AND MEDITERRANEAN Ms Patricia Ferguson MSP (Scotland)
INDIA Smt Chandresh Kumari Katoch, MP (India) PACIFIC Hon. Elizabeth Burain, MP (Bougainville) SOUTH-EAST ASIA Ms Ellen Lee, MP (Singapore)
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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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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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CPA SHOP CPA pens
Silver-plated photoframe, clock and pen in holder
CPA silver-plated cardholders
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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