TheParliamentarian Journal of the Parliaments of the Commonwealth
2014 | Issue Three XCV | Price £13
SINGAPORE: Managing the issue of migrant workers PAGE 158
PLUS Rwanda: Looking forward
Managing Western Australia’s water
PAGE 154
PAGE 166
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Practice Parliament: A new era for the women of Tonga
Ceremony and ritual in the Indian Parliament
PAGE 182
PAGE 192
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Calendar of Events 2014 October 2-10
60th Commonwealth Parliamentary Conference, Yaoundé, Cameroon
28-1 Nov
Parliamentary Agriculture Committees for India, Asia and SE Asia, Punjab, India
November 2-8
6th Commonwealth Youth Parliament, North-West, South Africa
December 1-4
Developing Parliamentarians’ Capacity in Information and Communication Technology (ICT), Trinidad and Tobgao
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... 60 COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon 2-10 October 2014 TH
“Repositioning the Commonwealth for the post-2015 Development Agenda”
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CONTENTS
2014: ISSUE 3 162
154
Journal of the Parliaments of the Commonwealth Vol. XCV 2014: 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 Editor: Lisa Leaño
COMMENT
MAIN ARTICLES
Inside Issues
Rwanda: Looking forward
Protecting society’s weakest
Migrant workers - the Singapore experience
Women in Parliament: Understanding the terrain, making a difference
Embracing change Page 144
View from the Chair A final view Page 146
View from the CWP
Looking back over the past year Page 148
View from the Secretary-General The CPA Secretariat Headquarters Page 150
Front cover Asian lanterns/Shutterstock® Printed in: England by Warners Midlands, PLC; New Delhi by Jainco Art India, and Singapore by Times Printers Private Limited
Hon. Zeno Mutimura, MP Page 154
Mr Hawazi Daipi, MP Page 158
Assessing Bermuda’s Parliament against the CPA Benchmarks Hon. N.H. Cole Simons, JP, MP Page 162
Managing Western Australia’s water Hon. Mia Davies, MLA Page 166
Senator Osman Saifullah Khan Page 172
Hon. Betty Amongi, MP Page 174
Investigating the question of the participation of Malawian women in politics Ms Grace Tikambenji Malera Page 178
Practice Parliament 2014: A new era for the women of Tonga Ms Silivia ‘Atiola Page 182
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166
Utilizing best practice information management and technology in the Northern Ireland Assembly Mr Trevor Reaney Page 188
Ceremony and ritual in the Indian Parliament Shri Ravindra Garimella Page 192
NEWS
DIRECTORY
Parliamentary news:
CPA Organization
British Columbia, Canada, Australia, United Kingdom, India and New Zealand. Page 201
Page 219
Annual subscription (four issues) £40 post free. UK: Worldwide: £42 surface post £48 airmail Price per issue UK: £13 Worldwide:£14 surface post £15 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.
The intergovernmental panel on climate change The Editor Page 198
Promoting sustainable forest management
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INSIDE ISSUES
Embracing change
The Editor’s note
Devolution in Scotland had already been in place for nine years when I started at the CPA in 2008. When the devolution referendum in 1997 conveyed overwhelming support for the creation of a Scottish Parliament within the United Kingdom (UK), the UK Government responded by passing the Scotland Act 1998. The first Scottish Parliament subsequently took place on 12 May 1999. Scottish Ministers were empowered to deal with devolved matters such as education and training, health and social services and housing that addressed Scottish citizens’ needs, while still benefitting from the collective decision-making at the United Kingdom (UK) level. It was a decision that harked back to 1979 when a referendum was called by the then government to establish a Scottish Assembly. In less than one week’s time (at the time of writing), Scotland will mark another historic milestone when the people of Scotland head to the polls to decide whether it should become an independent country. The impact on the possible divide will inevitably be a momentous one for the United Kingdom. Issues of citizenship and immigration, economy and currency and European Union membership have been high on the agenda in the lead-up to 18 September. Amid concerns over the possible split from the United Kingdom, Her Majesty Queen Elizabeth II also held talks with
British Prime Minister, Rt Hon. David Cameron, MP, over the potential break-up of the 300-year-old union, asking Scottish voters to “think very carefully about the future”. While the UK Government believes that Scotland is better off – and the UK stronger with it – sticking together, the current polls indicate a tight call in the referendum race. Proposals of a timetable for further devolution by the Chancellor of the Exchequer for the UK, Rt Hon. George Osborne, MP, along with a plan of action detailing more powers to Scotland, particularly those concerning tax, were recently announced to up the efforts in keeping Scotland on side. For those pro-independence in Scotland however, such proposals cannot take away from the fact that gaining independence signifies one thing: complete control over decision-making for its people by the people that know them best. It is certain that whatever the outcome on 18 September, both the Scottish as well as the UK Governments will be subjected to some degree of change. Keeping in line with the topic of change, the issue leads with developments in Rwanda 20 years since the genocide. The Chairperson of the Standing Committee on Foreign Affairs, Cooperation and Security in Rwanda Parliament/ Chamber of Deputies, Hon. Zeno Mutimura, MP, outlines the
journey in rebuilding the country and addressing the challenges of national reconstruction, social healing, rehabilitation and reconciliation. Labour migration in a densely populated small island state such as Singapore requires careful management, where housing the migrant workers is only one of the issues that needs addressing. The country’s Senior Parliamentary Secretary of the Ministry of Education and Ministry of Manpower, Mr Hawazi Daipi, writes about related matters such as protecting the vulnerable migrant workers and educating them on their rights and responsibilities of working in Singapore. The Parliament of Bermuda first underwent the process of reviewing itself against the CPA Benchmarks for Democratic Legislature in 2006, to help achieve an efficient and effective parliamentary service. A Joint Subcommittee on Governance and Reform was established with a mandate to examine, make recommendations and report its findings on the Legislature’s management structure and governance. A Member of the Subcommittee and Government Whip and House Leader, Hon. N.H. Cole Simons, JP, MP, summarizes the recommendations that were presented to Parliament and ultimately used as a road map forward.
Managing water for domestic, commercial and industrial needs in Western Australia is an ongoing challenge, particularly for one of the driest parts of one of the driest continents on earth. The Minister for Water and Forestry, Hon. Mia Davies, MLA, describes the measures that have helped manage existing water resources, and also have increased the availability and accessibility for development, industry and agriculture to enable Western Australia to compete in the global market. With domestic workers’ constituting a growing sector of the employee workforce in Pakistan, it is becoming more pertinent than ever to have legislation in place that protects their rights and ensure better treatment. A new Bill is anticipated will lead to equality and better treatment for all workers, claims the Senator behind its movement, Senator Osman Khan. Bringing more women into Parliament dominates the topics of the next two articles. A Member of the Parliament of Uganda, and Chairperson of the Uganda Woman Parliamentary Association, Hon. Betty Amongi, MP, encourages looking at the obstacles faced by many women – even after gaining a seat – that deter others from following suit and entering politics. Looking at the legacy left behind by former President of Malawi Dr Joyce Banda,
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©DrimaFilm/Shutterstock
INSIDE ISSUES
The future of Scotland will be decided when voters head to the polls on 18 September
the Executive Secretary of the Malawi Human Rights Commission, Ms Grace Malera, argues it is now more than ever critical to increase the participation of women in politics for women’s empowerment and ultimately for the attainment of sustainable development. A Practice Parliament for women (PPW) was initiated by the Parliament of Tonga as part of its vision of building a modern and more representative Parliament, and also to encourage women’s participation in Parliament. A Parliamentary Research Officer for the United Nations Development Programme (UNDP), Ms Silivia ‘Atiola that
collaborated on the PPW, outlines the objectives that formed the backdrop to the running of the beneficial programme. Finding the best ways of utilizing best practice information management and technology in the Northern Ireland Assembly dictates the next article. The Clerk/Chief Executive of the Northern Ireland Assembly, Mr Trevor Reaney, documents the various ways the Assembly is exploiting the available technology to help streamline and make every day working more efficient. Ceremonies and rituals constitute a significant role in the traditions of
the Parliament of India. Through ceremonial spectacles, formal and informal rules and rituals, art and architecture, political and social hierarchies operate within political institutions such as Parliaments. The Director of the Lok Sabha Secretariat, Shri Ravindra Garimella, discusses the ceremonies and rituals that have evolved in the Indian Parliament, and the importance of different parliamentary ceremonies and rituals to the everyday working of the institution and its Members. The last article of Issue Three summarizes the latest Working Report that the Fifth Assessment Report (due to be finalized this
October) of the Intergovernmental Panel on Climate Change (IPCC). The IPCC has produced reports that support the main international treaty on climate change and the United Nations Framework Convention on Climate Change (UNFCCC). I end this Inside Issues on a slightly subdued note, given that it will be my last. I move on from the CPA after six years – and like the Scottish and UK Governments, will too be embracing new changes of my own. It has been an absolute delight having worked on the journal, and I can only hope that my successor continues to maintain its high standards.
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VIEW FROM THE CHAIR
a final view
process has been completed and the report will be submitted to the Executive This is my final View from the Chair as CPA Chairperson before my tenure ends Committee for consideration in October. Adopting a rigorous internal audit at the Commonwealth Parliamentary Conference, held this year in Cameroon. regime that appraises performance as well as internal financial controls will Representing the CPA as its Chairperson has been an enormous honour and ensure the CPA is viewed as a valuable partner by international organizations. privilege and one that has provided me with extraordinary opportunities. I am Having consulted charity law experts, the Executive Committee has pleased that I have secured a reputation as one of the most active Chairpersons continued its in-depth discussions on the status issue. No consensus has in the history of the CPA, as this is what I promised to do during my election in been reached. I believe that the status issue has diverted 2011. the attention of the Committee away from what should be I have been fortunate enough to travel widely in its focus, CPA programmes and the provision of support my long parliamentary career and I have visited many to Members and officials. I fear that the submissions the Commonwealth countries. However, I have been humbled Committee has considered on the status issue over the last by the warmth of welcome and hospitality afforded to three years have shown that this may be something upon me by Members and officials in the Commonwealth which Parliaments, governments and ourselves cannot find a Legislatures I have visited as Chairperson. None of this universally acceptable outcome. I hope the Association begins would have been possible without those that have worked to look beyond its internal governance to what more it can behind the scenes to arrange programmes and visits offer its Members and the wider Commonwealth. for me and I am grateful to them all. I have developed At the outset of my chairmanship I expressed the hope friendships I know will endure for years to come and that, by the end, there would be more women Members in been honoured to serve on a Committee with such Commonwealth Parliaments. I have not been able to check distinguished Parliamentarians. Rt Hon. Sir Alan Haselhurst, MP the numbers. However, I take encouragement that one more Over the last few months, as is natural towards the end Chairperson of the CPA of our regions has inaugurated a CWP network and it is of any era, my thoughts have turned to appraise my time as Executive Committee satisfying that both candidates to succeed me as Chairperson Chairperson and whether I have achieved my manifesto are women. commitments to enhance what the Association offers to In the last three years, the CPA has renewed its focus its Members. In some significant ways, the Association on youth. I have been struck by the multitude and variety of youth organizations has been strengthened. It has been my vision that the focus of the CPA should in the Commonwealth that encourage young people to take an interest in be to increase the number of relevant, useful and ambitious programmes offered Commonwealth affairs. Having met the founders of My Commonwealth in to Members and officials. It is clear that the new Director of Programmes role Canada, Commonwealth Youth New Zealand and young people involved in at the Secretariat has resulted in a number of positive additions to the annual Commonwealth activities through the Royal Commonwealth Society, I feel there programme, including the inaugural Commonwealth Women Parliamentarians is a need for Commonwealth-wide coordination of these valuable activities. Pan-Conference in London this year which was extremely successful. I am delighted that my suggestion to revive the Commonwealth Youth Members have been encouraged to make use of the Members’ Survey Parliament (CYP) event has ensured the CPA is able to offer practical training which will provide feedback on previous programmes and offer suggestions for those interested in participatory democracy. This event has proven to be the for future work. More inspiration for programmes will come from discussions first step for some in becoming elected Parliamentarians, a truly encouraging between those participating in the Commonwealth Parliamentarians Members’ outcome. I know many young people are looking forward to the next CYP taking Network. The Network offers Members the opportunity to connect and share place in November in the North West Province Legislature in South Africa. best practice, experience and knowledge of parliamentary procedure or specific To ensure the continued success of the Association, I feel that a leaner subjects. and more flexible governance structure should be introduced. A smaller, policy I am pleased that an internal audit regime has been implemented at the focussed decision-making body able to meet more than twice a year is a concept CPA Secretariat while I have been Chairperson. This summer the internal audit 146 | The Parliamentarian | 2014: Issue Three
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I feel would benefit our membership. At the same time, there is a need to include greater representation for the CPA’s Small Branches. The issues encountered and shared by Small States are distinct and I feel their Legislatures should be represented better within our Executive Committee. I know there is support for a Small Branches’ Chairperson to be established and I hope that initiative is taken forward following the Annual Conference. Recently, I was approached regarding the creation of a network for disabled Parliamentarians. In many Commonwealth Legislatures, there are seats reserved for colleagues with disabilities who are mandated to champion the rights of the disabled. Representation of the disabled in many societies has been woefully inadequate for too long. Our buildings also must make access easy for visiting members of the public who are disabled. A grouping of disabled parliamentary colleagues should share experiences and promote a charter of best practice. This is an area in which the
CPA should be a world leader and I wholeheartedly support the establishment of this network. The regions of the CPA are its greatest strength, representing the aspirations of Members from similar backgrounds who share similar experiences. It is in the regions that work can be intensified most expeditiously. I hope that the regional CPA structures continue to grow, delivering ambitious programmes that focus on issues of particular interest to Members in each region. I have mentioned these areas where I believe the CPA could develop as a suggested work plan for my successor. The CPA is blessed to have an active, dynamic and enthusiastic membership where ideas flow freely between colleagues, Legislatures and countries. I am certain that this vibrant membership will continue to propel the Association forward into a new period of growth and development which will lift its profile and command wider attention.
The Chairperson, Rt Hon. Sir Alan Haselhurst, MP, with delegates from the Commonwealth Youth Parliament in 2012
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VIEW FROM THE CWP
Looking back over the past year
was generated through an all-inclusive process where the inputs and peculiar Time has passed by so quickly, with it almost having been a year since I assumed needs of each region were integrated. It is my profound hope that this plan will the office of Chairperson of the Commonwealth Women Parliamentarians in help to guide the implementation of our activities and strategic interventions. Johannesburg, South Africa, in September 2013. It has been a busy 12 months In my capacity as CWP Chairperson, I have attended and participated in a with the CWP workload as well as the pace of activities of the CPA in general. number of conferences and events of CPA and CWP where This is why I feel a strong duty to engage all of us in looking various businesses have been transacted and suggestions back at the past year and take stock of our results in made. advancing the global cause of women. Earlier this year, I attended and participated in a “special I first of all want to congratulate my predecessor, Hon. call” meeting in Nassau, Bahamas where again the issue Alix Boyd Knights, MHA, who left a wonderful legacy when of increasing women political representation in that region she passed the baton on to me. I also want to extend a vote formed part of the core discussions. of thanks to all the staff at the CPA Secretariat who I must I also participated in an enriching Pan-Commonwealth say have been hugely supportive. conference in June this year in London in which we Credit must also be given to Rt Hon. Sir Alan deliberated on the post-Millennium Development Goal era. Haselhurst, MP, for his passion and commitment towards In July 2014, I had the opportunity to attend and increasing resources for CWP activities. Lastly, I wish participate in the 52nd CPA Canadian Conference in to also express my confidence in the CWP Steering Fredericton, New Brunswick. I want to commend the Committee that has been active in our first year. CWP Canadian region Branch for its excellent outreach Since September 2013, we have made various Rt Hon. Rebecca Kadaga, MP programme which has reached hundreds of people in inroads. I am happy to report that the CWP family is Chairperson of the Canada. expanding by the day and that our work continues to Commonwealth Women The CWP has continued to stand for women globally and assist hundreds of women within the Commonwealth. For Parliamentarians and Speaker detests all forms of abuse and violence against women on an instance, a new CWP branch was opened in Seychelles of the Parliament of Uganda international scale. late last year – a step in the right direction given the The cases of honor killings in Pakistan, the Mariam Yahia patriarchal history of the Seychelles’ society. It is also a Ibrahim Ishag prosecution in Sudan and the abduction of telling sign that the level of women’s representatation is schoolgirls in north-east Nigeria highlight the ill treatment of now over 40 per cent. women across the globe. As Chairperson of the CWP, I have written letters to We have also continued to advocate for increased women representation the Pakistan and Sudan Parliaments strongly urging them to fight for justice on in Parliaments, the Judiciary, and Cabinet and local governments within the behalf of these abused women. Commonwealth. However, I must concede that we are still grappling with some During the recent 25th CPA Commonwealth Parliamentary Seminar in really low percentages particularly in the Pacific and Caribbean regions. As CWP Arusha, Tanzania, the CWP moved a motion condemning the abduction of the Chairperson, I intend to hold discussions with Heads of State and women leaders schoolgirls in Nigeria. It was an inhuman and cowardly act and one the CWP in the Pacific region regarding this matter. does not condone. I have held a number of discussions with Heads of State in the Caribbean In concluding, I want to remind everyone that the CWP is an Association that geared towards forging mechanisms of increased women political will make little progress unless we unite and work together. I therefore want to representation. There have been concrete promises made to take up this matter urge all of us to uphold the values and benefits of continued discussions and with increased vigour and we are grateful for that. On the same note, I would close dialogue. like to remind Heads of Commonwealth States about the Harare Declaration This connection is vital in promoting the exchange of ideas. I look forward to of 1991 in which they resolved to pursue with vigour the quest for equality of meeting all of you and continuing to build upon this connection and fellowship women. during the upcoming 60th Commonwealth Parliamentary Conference in As a member of the Steering Committee, I would like to report that we have in Yaoundé, Cameroon. place a draft Strategic Plan 2014-2016. It is my pleasure to report that this plan 148 | The Parliamentarian | 2014: Issue Three
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VIEW FROM THE CWP
Above: The CWP Chairperson (second left) with members of the CWP Steering Committee and the CPA Secretary-General Dr William F. Shija (far right). Below: Speaking at a session of the Pan-Commonwealth Conference, seated next to the CPA Secretary-General
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VIEW FROM THE SECRETARY-GENERAL
The CPA Secretariat Headquarters The constitution of the Commonwealth Parliamentary Association provides for the establishment and running of its Secretariat at a place within the Commonwealth, as determined by the General Assembly. Historically, the CPA Headquarters Secretariat has been located in London, United Kingdom. It is located and hosted here because of two major reasons: 1) it is a registered charity in the United Kingdom; and 2) the Members have generally agreed that its office Headquarters be housed there, giving the Association a free rental accommodation for its activities and services, as has been generously offered by the UK House of Commons Estate. This accommodation arrangement could be interpreted as the UK House of Commons accommodating the CPA Headquarters Secretariat. Every year the CPA Secretariat Headquarters is delighted to receive many visitors from among its
Dr William F. Shija Secretary-General of the Commonwealth Parliamentary Association
Members. They include: Speakers and Presiding Officers, Clerks and parliamentary officials, programme partners and several others of diplomatic status. My staff and I take full advantage to brief our visitors on how we work, including the surprising disclosure that we are 13 staff members catering for the entire parliamentary community consisting of 52 Commonwealth countries, approximately 180 Branches in nine geographically spread out regions and of culturally diverse people. We are always glad to inform our Members that visit us, and through official communication, how we carefully expend the revenue through the membership fees they pay each year. Indeed, I feel exceptionally proud to have worked with finance and other staff to record a handsome level of reserves in the past seven years. Furthermore, whenever we have visitors, or are holding a programme event, my staff and I are always happy to brief them on how we have streamlined and modernized
The Secretary-General’s
The CPA Secretary-General Dr William F. Shija (left) pictured with the Chairman of the Senate of Pakistan, Syed Nayyer Hussain Bokhari (right). Dr Shija is also pictured with...
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VIEW FROM THE SECRETARY-GENERAL
Association is to establish its own fully-fledged Secretariat Headquarters. The staff roles. Staff now have a clearer view as to how to discharge their duties new Secretariat, in the UK or another Commonwealth country, should have and responsibilities. This way, management can always track through progress accommodation space for the following Secretariat Headquarters: Secretaryvia Key Performance Indicators, as well as through meeting the objectives of General’s suite offices (with private conference room); Secretary-General’s the Business Plan (2013-2015). Moreover, following up on individual staff Special Assistant performance office; Secretaryhas been General’s Executive made easier, Assistant’s office; and compared to the Directors’ (Finance past, particularly and Programmes) as various offices. The staff members Association experience Headquarters common issues should be equipped such as personal with medium-size or domestic conference halls, matters. with all facilities Consequently, for programmes it is to be noted activities, small and that over the medium conference recent years, facilities, including the Secretariat tele-conferencing. has been The Association experiencing A change of location should have a some noticeable for the CPA Secretariat completely separate capacity Headquarters? estate, pay for and constraints: maintain it as a the restricted facility befitting of physical space its international status. The new Association’s Secretariat should have its own in which staff work, the limited or non-availability of conference and meeting archive, referencing and research wing to assist Members and the public to facilities for Members’ programmes and events. undertake the evolution of parliamentary work, including parliamentary reforms, What I would therefore like to see happen in the next two years at the
Commonwealth gallery
...The CWP Chairperson, Rt Hon. Rebecca Kadaga, MP, (far left) and two Indian participants at the CWP Pan-Commonwealth Conference in June, 2014
...CPA Regional Secretary Mr Thomas Dr Kashililah (right), July 2014
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VIEW FROM THE SECRETARY-GENERAL
strengthening, administration of Parliament, financing of Parliament and the overall parliamentary work under code of conduct for Members as a measure of good governance. In addition to the provision of a new Association’s Headquarters infrastructure by way of the accommodation and office facilities, it is now imperative to provide the Secretary-General, as Chief Executive Officer, with a reliable and dependable residential facilities in the city of the Association’s host country. Other similar facilities to enable the Chief Executive Officer are a sine qua non to the efficiency
and wellbeing of the person charged with the day-to-day functioning of the Association’s main office for nearly 18,000 members and parliamentary staff. The funds are available to undertake the office accommodation change, as well as to undertake the capital expenditure for the official residence of the Chief Executive Officer. It is just a matter for the CPA Executive Committee to make decisions at this time of the history of the Association. It is under this reference that I thank the outgoing Chairperson and Members of the Executive Committee for staying on course to vigorously investigate
The Secretary-General’s CPA Secretariat staff pictured with the Speaker of the House of Assembly of Dominica, Hon. Alix Boyd Knights, MHA (seated centre), September 2014
The Deputy Speaker of the Sabah State Legislative Assembly, Dr Johnson Tee (right) and the Clerk, Mr Bernard Dalinting (left), August 2014
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the status of the Association so as to modernize the Association and commit it to modern governance procedures. The step to undertake the internal audit was one such agreeable principle to the governance procedures. The Internal Audit
report is expected any time now, and I am very eager to work with the Executive Committee to interpret and implement its recommendations. To sum up my view, I find this time rewarding and refreshing as I compare the current Secretariat Staff discharge of duties at the start of my
tenure in 2007 to the present day. I feel rewarded to have been supported by the Chairperson and Members of the Executive Committee on the various staff reforms carried out during the past years. I am therefore highly anxious to see the next leadership of the CPA
Executive Committee, by the election of the new Chairperson in Yaoundé, Cameroon this October. I look forward to seeing you all at the conference, and anticipate a very successful business tour of one of the key annual parliamentary activities in the Commonwealth.
Commonwealth gallery
The group of participants and resource person from the Post-Election Seminar in Swaziland, September 2014
Centre: The CPA Director of Programmes, Ms Meenakshi Dhar (left) and the CPA Director of Finance, Mr Joe Omorodion (right) speaking with the Speaker of the Perak State Legislative Assembly (centre), Hon. S.K. Devamany; Right: Ms Dhar greeting the Speaker of Malawi, Rt Hon. Richard Msowoya, MP, (left) at CPA Secretariat Headquarters, August 2014
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Rwanda: Looking forward Twenty years on since the genocide in 1994, Rwanda has come a long way in rebuilding its country and addressing the challenges of national reconstruction, social healing, rehabilitation and reconciliation. Redefining itself as an inclusive governance, it maintains a staunch approach to reversing the negative politics of exclusion, discrimination and a genocidal ideology that characterized the former Rwandan government and its leadership. With the highest number of female MPs in Parliament in the world, and a promising developing economy, Rwandans can now at last be proud of their leadership, writes the Chairperson of the Standing Committee on Foreign Affairs, Cooperation and Security in Rwanda Parliament/ Chamber of Deputies.
Hon. Zeno Mutimura, MP
Mr Mutimura is the Chairperson of the Standing Committee on Foreign Affairs, Cooperation and Security in Rwanda Parliament/ Chamber of Deputies. He has been a Member of Parliament since 2008. He was former Ambassador of Rwanda to the United Republic of Tanzania and former First Counsellor in Rwanda Embassies in Ethiopia and China. He served also as Diplomatic Advisor to the Secretary General of Rwandese Patriotic Front.
Hon. Zeno Mutimura, MP
Twenty years ago, Rwanda had no future, only a past. Each year on 7 April, Rwandans commemorate the 1994 Genocide that took place against the Tutsis. The entire country is overcome by a somberness as they remember the human carnage, the slaughter of over one million people in 100 days, innocent lives of men and women, children born and yet to be born, to the most efficient but preventable tragedy. This year’s anniversary was deemed especially significant
as Rwandans remembered and reflected upon the 20-year journey since the genocide. Acknowledgment and appreciation was made of the tremendous achievements registered in social, economic and political transformation, the nurturing and institutionalization of a culture of tolerance and coexistence, accountability, inclusive governance and a culture of democracy and integration in regional and global affairs. Challenges remain, especially the perpetrators of the genocide still living freely. The moment was also an opportunity for Rwandans to recommit themselves that together, they remain resolute and steadfast and ready to confront whatever stands as an obstacle to the achievement of their national vision. Historical background After decades of state sponsored discrimination, violence and a state orchestrated hate campaign against Rwanda’s Tutsi population, on 7 April
1994, Rwanda witnessed one of the most horrific genocides in the history of humankind. The genocide against the Tutsis was well planned, executed and supervised by the former Rwandan government which incited people – namely the Hutus – to kill their fellow citizens. The tragic event played out before the eyes of the international community, with the UN deciding to downsize its peacekeeping mission and pull out of the country. It took the sacrifice of a handful rebel force led by their Commander, the then Major General Paul Kagame, to bring the genocide to an end and liberate the country from the genocidal government with its militia. The country was in a state of ruin after the genocide. There was no functioning institution, the justice system was virtually non-existent, and there were hundreds of victims of genocide that needed urgent health care and shelter. Thousands of orphans and displaced children were spread out across the countryside;
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©Goran Bogicevic/Shutterstock.com
RWANDA: 20 YEARS ON
©Goran Bogicevic/Shutterstock.com
RWANDA: 20 YEARS ON
Opposite page: Tea plantations in Rwanda; Top: A Rwandan woman returning to Mayange Village, also known as the village of returnees that came back to Rwanda after the 1994 genocide; Bottom: Colorful hillside homes in Kigali
an entire population traumatized and in displacement with more than three million refugees in the neighbouring states and border areas. The economy was at a standstill, and most of the infrastructure had been destroyed. Yet for the people that survived – both the perpetrators and the victims had to live side by side in a
country that was seemingly beyond repair. The challenges of national reconstruction, social healing, rehabilitation and reconciliation were unprecedented and each one of them was urgent, important and a priority. Addressing the multiple priorities involved:
• Establishing political stability, public administration and service delivery; • Kick starting and reviving the economy; • Apprehending the suspects, reconciling victims and perpetrators; and • Securing internal security of persons and their property as well as guarding national borders from infiltration by the perpetrators. • The new Rwandan leadership embarked on an approach that was seen as radical and unprecedented at the time. It entailed a zeal and charisma, characterized by politics of inclusion, power sharing and seeking consensus in decision making. Where applicable, conventional methodology was followed but unconventional logic also came handy in form of home grown solutions in addressing a myriad of specific problems. Support from the international community was at first lukewarm, given the scepticism surrounding
the new government. However, it soon changed and the acquired international support helped a great deal in the post-conflict recovery process. Inclusive governance More than three million Rwandan refugees were repatriated, and together with those in internal displacement, were resettled. Over 12,000 genocide suspects had been apprehended, and were released to undergo the Gacaca process – a homegrown system borrowed and modernized from the ancient Rwandan culture, which simultaneously pursues justice with reconciliation. In terms of governance and democratization, Rwanda’s postgenocide leadership ushered in political stability by defining itself as an inclusive governance that is committed to reversing the negative politics of exclusion, discrimination, ideologically charged ethnic and
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RWANDA: 20 YEARS ON
The view of the parliamentary buildings that harbour both Chambers
regional divisionism and a genocidal ideology that characterized the former Rwandan government and its leadership. The new government adopted deliberate principles that would keep the nation on guard so as not to slide back to pre-1994 politics. An allinclusive constitution was passed in 2003, that transcends politics based on division and entrenched the rights of women as full partners in nationbuilding. Institutional building was made a priority from the outset as the country lacked the necessary legal and institutional architecture for national building and public service delivery. This entailed strengthening existing but inadequate institutions and creating brand new institutions all together that never existed before, such as the Office of the Ombudsman, Auditor General’s office, the police force,
the Examination’s Council, the Public Service Commission, Unity and Reconciliation Commission, the Human Rights Commission and the Commission for Fight against Genocide. The institutions were created to enhance good governance, reinforce the rule of law, accountability and transparency, particularly in public affairs. Most of the public accountability institutions report to Parliament. Abuse of power or engaging in malpractice and corruption by any official, results into sanctions, no matter how high-ranking the official concerned. As a result, Rwandans have started to demand for better services from the government. Rwanda has built up a reputation as a role model in the effective use of donors’ funds and in 2013, Transparency International ranked the country as the least corrupt in East Africa.
Economic development Rwanda’s post genocide administration rallied Rwandans in defining their own development path in an inclusive and participatory manner, resulting in the national vision or “Vision 2020”. Vision 2020 is an ambitious programme that guides a national social economic transformation process with specific targets to be achieved in all sectors, such as comprehensive basic education and health benefits for all citizens. It was introduced to help propel Rwanda to a middle income status by the year 2020. An economic development and poverty reduction strategy (EDPRS) was elaborated and adopted in the medium term and serves as a roadmap to fast track economic growth. Rapid economic growth is as a result of radical legal reforms to facilitate the ease of doing business to attract investment, investing in
broadband internet throughout all the 30 districts and an open door policy to integration. Rwanda is now an integral part of the fast developing East African Community and the latest member to join the Commonwealth family. The World Bank Group Doing Business report series, cited Rwanda as the most improved economy in 2014 worldwide since 2005. The country ranked 32 out of 189 countries as the easiest place to do business in East Africa and the second easiest place to do business in Africa. Power sharing Political governance is exercised under a multiparty power sharing system defined by the constitution of 2003, in a semi presidential system. The Parliament is bicameral and the constitution provides that the Speaker of the Chamber of Deputies
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and the President of the Republic cannot come from the same political organization/party. In addition to that, the political organization that wins the legislative elections cannot have more than 50 per cent of the members in the Executive. Freedom of expression is guaranteed by law but is closely protected against a repeat of irresponsible hate media that surfaced in 1994. Media laws have been reviewed with the participation of the media council to introduce the mechanism of self-regulation of members of the media. Access to information is guaranteed by legislation and all public officials are required by law to disclose all unclassified public information. Gender equality Gender equality is a mainstream governance policy where equal opportunity to both men and women
has been the flagship governance pillar of the post genocide Rwanda. With women representing 52 per cent of the Rwandan population, attempting to rebuild a country and government without female input would have been a senseless exercise. Special measures were introduced, such as empowering women programmes that serve to uplift the status of women in different sectors including affirmative action in elective positions. Other measures also taken included providing girls with an education and implementing mechanisms to fight genderbased violence. Access to land and inheritance rights were also reinforced with specific legal provisions. The constitution not only enshrines the aforesaid measures, it also stipulates that women must hold at least 30 per cent of positions in all decisionmaking organs of the State. According to the statistics of the Inter-Parliamentary Union (IPU), Rwanda ranks highest in the world in terms of female representation in Parliament from 2008 to date, with a current figure of 64 per cent women in the Chamber of Deputies. Women representation in the Judiciary, Executive and decentralized entities has increased by more than 30 per cent. Homegrown solutions Archeological evidence exists of a rich Rwandan culture and civilization that thrived and dates as far back as 1000 years before the arrival of European missionaries and colonizers. The type of challenges that confronted post-genocide Rwandan society could not be sufficiently addressed using available precedents from western civilization and literature. In order to re-establish a shared national identity, the Rwandan people drew on the aspects of the Rwandan culture, traditions and practices that constituted a value system that had helped to define them as a people. These values were identified, studied and modified to suit the needs of modern times and context. The result is a set of Home-Grown
Solutions to a specific context of a multitude of challenges in the post genocide Rwanda. These solutions/ values are uniquely Rwandan and have gained specific applicability in definition of the ‘new’ Rwandan identity and they include the following: GACACA: One of the homegrown solutions is Gacaca which refers to the small cleared space under a tree, where elders and leaders in the village facilitate a discussion that any member of the community can partake in. The system helped bring together genocide perpetrators and victims to discuss acceptable community punishments, reparations, forgiveness and reconciliation. A total of 1,958,634 genocide-related cases were tried through the Gacaca process in a space of ten years from 2002 to 2012. The Gacaca process may not have met “international standards” but Rwandans credit the process for having laid a foundation for peace, reconciliation and unity in Rwanda. Ubudehe: This refers to the long-standing Rwandan practice and culture of collective action and mutual support to solve problems within a community in a participatory manner. Ubudehe has been recognized as a participatory development approach to poverty reduction. In 2008, the programme won the United Nations Public Service Award for excellence in service delivery. Today, Ubudehe is one of the country’s core development programmes. One of its most significant impacts is the way in which it has transformed citizen engagement especially within the decentralized system. It has revolutionalized the way Rwandans participate in decision-making processes. Girinka: Girinka is a revolving one Cow per Poor Family programme initiated in response to the alarmingly high rate of childhood malnutrition, and as a way to accelerate poverty reduction and integrate livestock and crop farming. Girinka has contributed to an increase in agricultural production in Rwanda – especially milk products which have helped
reduce malnutrition and helped to increase incomes. Challenges Challenges still exist within both the internal and external environments. The main challenge facing Rwanda today is the persistent threat of the ideology of genocide and a hate campaign to eliminate the Tutsi population. Generally propagated by those that committed the 1994 genocide and are still unrepentant, both within and outside of Rwanda. The other challenge is in building an efficient infrastructure, particularly in energy, which is necessary to power and sustain the fast growing economy. Poverty levels are declining but not as fast as Rwandans want. Security threats are ever present especially within the region of the Great Lakes of Africa which has seen volatility in the recent past. This has been caused by a myriad of armed militias of different nationalities which are ever present in the ungovernable parts of the neighbouring Democratic Republic of the Congo. Conclusion Rwandans look back 20 years, with pain, grief, shame and guilt and see an ugly past that they do not want to repeat. On the other hand Rwandans also do not want to forget because it reminds them of humanity’s capacity for cruelty. The achievements of the past 20 years are modest but quite phenomenal in Rwandan terms because they bring a sense of pride, wellbeing, dignity, patriotism and Rwandaness. They are proud of a smart, clean and secure country, where women have a voice, the youth are cherished as the greatest national resource, and an economic model that is integrating regionally with global outreach. They are very proud of their leadership, a leadership that detests corruption, a leadership that is responsive to the needs of its citizens; yes, a leadership of their choice, brewed in an undefiled Rwandan pot. Twenty years later, Rwanda stands out as a partial story of Africa’s Renaissance.
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SINGAPORE: MIGRANT WORKERS
MIGRANT WORKERS – THE SINGAPORE EXPERIENCE Dealing with the issue of labour migration in a densely populated small island state like Singapore is one that requires careful management. Housing the migrant workers is only one of the issues that needs addressing; protecting the vulnerable migrant workers and educating them on their rights and responsibilities also come into play, writes the country’s Senior Parliamentary Secretary of the Ministry of Education and Ministry of Manpower.
Mr Hawazi Daipi , MP
Mr Daipi is the Senior Parliamentary Secretary of the Ministry of Education and Ministry of Manpower in Singapore. He has been an elected Member of Parliament of Singapore since 1997. Following his first election, he worked in the National Trades Union Congress (NTUC) for five years before being appointed into a government position in 2005. Apart from the Ministry of Education and Ministry of Health, Mr Daipi has also previously served in the Ministry of Health.
Introduction Labour migration is a complex and multidimensional issue. The experience of countries all over the world has shown that an influx of labour migration beyond the innate absorptive capacity of a country’s economic and social infrastructure inevitably brings challenges. Moreover, the issues evolve as the needs and expectations of nationals of both origin and destination countries change over time. No one country has the perfect solution, and we continually seek to improve the frameworks and practices which are relevant to our specific contexts. Singapore is no exception. Background Singapore has a particular circumstance. It is a small island-state whose land mass is less than half the size of Greater London. Within this space, we have just over 3 million citizens who are primarily the
Mr Hawazi Daipi, MP
descendents of migrants. The migrant workforce has always been part of our economic and social landscape. Throughout our short history, migrant workers have complemented our resident workforce and contributed significantly to economic progress and the wellbeing of our people. At present, about a third of our current workforce, or about 1.3 million workers, is from the migrant community. While we recognize the benefits
of migrant labour, the physical constraints of our size and limited resources impels us to strike a balance to ensure that the growth in our migrant workforce is sustainable. In line with the recommendations made by the Economic Strategies Committee in 2010, we have been moderating the growth of the migrant workforce with a greater emphasis on workforce productivity improvements. Broadly, our strategy focuses on economic restructuring and investing in training and technology to reduce the overall demand for manpower, thereby moderating the rate of growth of our migrant workforce. Sustainable migration Effective management of the migrant workforce is an area that the Singapore Government pays great attention to. Since 2008, an InterMinisterial Committee, comprising government ministries that look into a wide range of issues, including manpower, physical infrastructure,
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transport, security, trade and industry, and finance, has been overseeing various measures to manage the presence of migrant workers in Singapore and provide for their multifaceted needs. These measures include: reviewing and enforcing employment and recruitment legislation; developing and managing the housing and recreation infrastructure to support the needs of the migrant worker population; and stepping up education and outreach. Protections for vulnerable migrant workers Singapore takes a serious view on the exploitation of workers and we take steps to ensure that our migrant workforce is fairly treated. Our surveys show that more than 90 per cent of migrant workers are satisfied with their overall experience of working
in Singapore; and more than 80 per cent would wish to continue working here. While the overall situation is generally good, we are nevertheless constantly reviewing our approach and finding ways to improve our system to protect the more vulnerable segments of our workforce. Workers in Singapore, including migrant workers, are given comprehensive protection under our employment and recruitment legislation. The Employment Act, which covers both local and foreign employees without prejudice to nationality, requires employers to comply with minimum standards of employment. These standards include protection pertaining to areas such as (a) timely and regular payment of salary; (b) rest days; (c) working hours; and (d) work-injury compensation.
Protection more specific to the context of migrant workers is also provided under an additional piece
“Singapore takes a serious view on the exploitation of workers and we take steps to ensure that our migrant workforce is fairly treated.” of legislation: the Employment of Foreign Manpower Act. Employers are required, among other obligations, to ensure that their low-wage migrant workers have acceptable accommodation and to provide
Opposite page: Hawker stall markets in Singapore; Above: The group photograph celebrating Foreign Domestic Workers Day
and bear the cost of these workers’ medical treatment and their eventual passage home. These employment standards are strictly enforced. Proactive inspections are conducted at workplaces and where workers stay. By and large, employers in Singapore are generally law-abiding, but we do occasionally encounter errant employers. For such cases, the government takes a firm enforcement stance to deter future contraventions. Moreover, the government regularly reviews its legislative
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Left to right: A settling-in programme for FDWs in progress; Migrant workers with copies of the newsletter in their respective language; Construction work taking place to build purposebuilt dormitories
framework to ensure continued relevance in the constantly evolving employment landscape. For instance, in 2012, we amended our legislation to double the penalties imposed on employers who contravene the Work Pass (akin to a work visa) conditions for the employment of migrant workers. More recently in April 2014, we also imposed further restrictions on authorized salary deductions which employers may make for accommodation and amenities provided to workers. It is an unfortunate reality that migrant workers incur large debt in their home countries before leaving. Both sending and receiving countries have a role to play in eliminating such
undesirable practices. On Singapore’s part, we have enacted a legislation to limit the amount of money employment agencies in Singapore can collect from workers, including migrant workers, to a maximum of one month’s salary for each year of employment, up to a maximum of two months. This limits the amount of debt that migrant workers can owe in Singapore. We regularly also work with authorities in source countries and their respective Embassies or High Commissions in Singapore to highlight instances of excessive debt practices and hope to work with them to eradicate such practices. As an attractive destination country, Singapore is also not immune
to acts of Trafficking in Persons (TIP). Singapore has therefore put in place a comprehensive framework, anchored by a multi-agency taskforce to combat this transnational crime. We have launched a National Plan of Action, whose centrepiece will be the enactment of a dedicated antiTIP legislation. Mr Christopher De Souza, a fellow Member of Parliament in Singapore, is working with the taskforce to introduce a Private Member’s Bill on the Prevention of Human Trafficking in Parliament by the end of the year. Housing and recreation Housing of migrant workers in proper accommodation is another area that involves close collaboration among
different government ministries and agencies. An ongoing priority under the Inter-Ministerial Committee is to speed up the construction of purpose-built dormitories that not only meets the basic living needs of workers, but also their social and recreational needs, like the provision of gymnasiums, mini-marts, television rooms, and computer and internet access. To supplement this, we have also established dedicated recreation centres for migrant workers since 2009. These centres provide a wider range of amenities that individual dormitories might not be able to support, such as remittance services, supermarkets and other sports facilities. They are well utilized
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by workers, especially when these centres host events such as sports competitions, cultural celebrations and movie screenings, which are organized regularly. More recreation centres will be built over the next few years. As a society, Singaporeans also accept that migrant workers will continue to go to popular gathering spots during their days off – whether to catch up on news from home or meet friends and relatives from across the island for a few hours. Unlike larger countries which have foreign worker enclaves, Singapore’s small size impels migrant workers and locals to live in close proximity. Singaporeans are generally bighearted and accommodating, and can
understand the need for these shared spaces. Education and outreach Additionally, migrant workers are educated about their rights and responsibilities, and avenues of recourse, even before they come to Singapore. An In-Principal Approval Letter with important information, such as the worker’s official employer, occupation and salary details is required to be sent to the worker by the prospective employer before he or she arrives in Singapore. After they arrive, we take active steps to reinforce education about their rights, available channels of assistance as well as social norms in Singapore.
A handbook, printed in workers’ native languages, is distributed by government officials to migrant workers when they collect their work passes. It is complemented by our strong partnership with civil society organizations as well as Embassies and High Commissions of these workers to reinforce our education and outreach efforts. Besides collaterals, we leverage on worker dormitories and recreation centres to reach out to migrant workers on a continuing basis. About 20 to 30 dormitory roadshows a year are conducted by the government agencies in Singapore on various topics. These have reached out to more than 150,000 migrant workers.
In addition, a newsletter is also published for migrant workers twice a year, with 200,000 copies printed per issue. Conclusion Labour migration is a complex, multidimensional and constantly evolving issue that needs careful management. Overall, while I think we have done reasonably well, I contend that there is always room for improvement. We cannot be complacent. I hope that the sharing of our experience in managing our migrant workforce can offer some useful pointers to countries within and without the Commonwealth who are also grappling with these issues.
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BERMUDA: ASSESSING PARLIAMENT
Assessing Bermuda’s Parliament against the CPA benchmarks In July 2013, a Joint Select Committee on Parliamentary Governance and Reform was established to ensure that Bermuda’s Legislature met the standards detailed in the Commonwealth Parliamentary Association Benchmarks for Democratic Legislatures. A Member of the Committee and Government Whip and House Leader summarizes the recommendations presented to the Parliament of Bermuda, in order for it to be effective and efficient in providing parliamentary services in an information age.
Hon. N.H.Cole Simons, JP, MP
Mr Simons was elected to the House of Assembly in 1998. He has served as the Opposition House Leader, Opposition Whip and Shadow Minister of Government Estates and Information Services, all positions he held until 2012. He has also served as the Deputy Leader of the Opposition, Shadow Minister of Youth, Sports, Cultural and Community Affairs. Mr Simons currently serves as the Government Whip and House Leader.
Hon. N.H. Cole Simons, JP, MP
The former Prime Minister of Barbados, The Right Excellent Errol Walton Barrow, PC, QC, made a simple but profound statement during his term in 1974. He said: The meaning of Parliamentary democracy is that the people themselves because of their preoccupation with such vital matters, as earning a living, lack the time, to devote to proper studies to this and other matters. They delegate that exclusive right and duty to pass laws in their Parliament for the good governance of this country, and for the betterment and improvement of the society. He went on to state that
Parliament therefore is the only appropriate forum for the introduction, discussion and dissemination of matters affecting the sovereign rights of the people, and those who do not support this point of view are not true Parliamentarians. Using this as a backdrop, the aforementioned views are encapsulated in the majority of our constitutions. Parliament exists to make laws for the peace, order and good governance of our respective countries. An effective and efficient parliamentary service therefore is one that allows the elected representatives or Senators to carry out that overarching mandate provided to them by their people. I stand by that for a parliamentary service to achieve the aforementioned objectives, there must be some independence and autonomy. This view was supported by the 2005 CPA study group on the Financing and Administration of Parliament. The study recommended under the theme “Governance of Parliament”, that Parliaments should either by legislation, or resolution, establish corporate
bodies responsible for providing services and funding entitlements for Parliamentary purposes and providing for governance of the parliamentary service. The Parliament of Bermuda Bermuda is amongst the world’s oldest Legislatures in the Western Hemisphere. It is a bicameral Legislature, exercising parallel functions to those of the House of Commons and the House of Lords in the United Kingdom. Our Parliament first met in 1620 and is currently housed in a building which began as a simple two-story edifice in 1819. Parliament moved into the building in 1826 and a clock tower and Florentine façade were added in 1893. There have been many additions over the years, the most recent, to provide elevator access to the second story. It is a very attractive building, but wholly inadequate to the current needs of Parliament in terms of infrastructure. The House of Assembly consists of 36 elected Members. 19 Members represent the One Bermuda Alliance Party, with the remaining 16 seats filled by the
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There is a difference between the two Houses, in that the President of the Senate can contribute during deliberations, and can vote alongside his/her peers. The Speaker, on the other hand, cannot take part in House of Assembly debates, and can only vote in the event of a tie. All proceedings of both Houses are open to the public, and are also broadcast gavel-to-gavel on the radio. The House of Assembly meets once a week on Fridays; while the Senate meets once a week on Wednesdays. Both Houses of the Legislature meet together only on occasions of great significance such as the convening of Parliament, the twenty-fifth anniversary of Bermuda’s Constitution (1993); the 375th anniversary of Bermuda’s Parliament (1995); or to pay tribute to significant Members who have died while in office. In Bermuda, expenditure on Parliament has always been viewed as expenditure on the Members of Parliament, who – it is widely viewed – should serve for free. When the Commonwealth Parliamentary Association (CPA) first began looking at minimum Benchmarks for Democratic Legislatures, we were immediately interested because we needed an independent platform on which to base the changes that were needed and in order to educate civil servants and the public about the basic needs and services of Parliament.
Left: The flag of Bermuda; This page: The Parliament building in Hamilton
Progressive Labour Party. One seat is held by an Independent Member. Situated in a different building, is our Upper House, the Senate. This chamber has 11 Members: five government, three opposition and three independents. The Presiding Officers of both Houses – the Speaker in the House of Assembly, and the President in the
Senate – are elected by their peers in their respective Chambers. Their roles are similar: to preside over meetings, regulate debate, arbitrate on procedural matters, make decisions on points of order and give rulings when and where necessary. The Speaker is usually elected from the majority party, while the President of the Senate has
always been elected from among the independent Senators. Once elected, the Speaker renounces party affiliation and does not participate in any of the debates. A Deputy Speaker and a Vice-President are also elected by their peers to assist the Presiding Officers in the event of illness or absence, or to provide relief during lengthy debates.
Assessing Bermuda’s Parliament against Commonwealth parliamentary benchmarks In 2006, Bermuda hosted a CPA Benchmarks Seminar, and underwent the process of measuring itself against the Benchmarks. The exercise allowed Parliamentarians to see that their parliamentary practices were dated and did not adhere to best practices, thus marking the start of a new transition. In 2008/09 Bermuda launched its assessment by reviewing the Rules and Standing Orders. According to the former Premier, Dame Jennifer
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Colourful alley in St George, Bermuda
Smith, the prime instrument used in this process was the CPA’s Eastern Caribbean template. It was a modernized set of common Standing Orders, produced in 2007 with technical expertise provided by the Ontario Legislative Assembly for use by the nine small Parliaments and Legislatures of the Organization of Eastern Caribbean States. Our parliamentary Rules and Privileges Committee set up a subcommittee comprised of Opposition Member John Barritt and Dame Jennifer. Thus began a process that had not been undertaken for over 20 years. The new Standing Orders were reviewed, updated and provisionally accepted by the House in 2010, and the
final acceptance was approved by Bermuda’s Parliament sometime during July 2013. In light of, and in continuation of the process, on 19 July 2013, a Joint Select Committee on Parliamentary Governance and Reform was established with the unanimous approval of our House of Assembly. At that time I moved a motion which read: “In an effort to ensure that Bermuda’s Legislature meets the standards prescribed in the Commonwealth Parliamentary Association benchmarks for democratic Legislatures; be it resolved that this Honourable House establish a Joint Select Committee. The Committee’s mandate is to examine, make recommendations
and report to this House its findings on the Legislature’s management structure and governance in order to provide an efficient and effective parliamentary service to the people of Bermuda.” The Committee recognized that with rapidly developing knowledgebased and technology driven societies, Legislatures had been placed under intense scrutiny in the areas of transparency, accountability, effectiveness and fairness. It became more evident than ever, that the governance structure for Bermuda’s Legislature was outdated. Our Parliament had to adjust itself to be effective and efficient in providing parliamentary services in today’s information age. Shortly after the Committee’s first meeting held on 15 August 2013, the Committee Members agreed to break off in groups to gather information and make recommendations on the following themes – “Organization of the Legislature”, the “Function of the Legislature”, and the “Value and Ethics of the Legislature”. Their findings and recommendations formed an integral part of the Joint Select Committee’s report. The Committee also invited the public to make written submissions via email. In addition, they also extended personal invitations to various community leaders, and retired Premiers, Speakers, Clerks and other statesmen, to make verbal submissions. The Committee examined the following themes: • The governance structure of Parliament and support service; • The function of Parliament; and • The ethical governance of Parliament. After much deliberation, the Joint Select Committee presented its final report to Parliament for approval. This approval was granted by Bermuda’s House of Assembly on 23 March 2014. At the same time, our Parliament also agreed that the proposed recommendations ought to be used as a quasi road map forward.
Recommendations and road map forward The first question presented to our legislators was how can we create a sound structure and maintain a parliamentary service that is capable of achieving the services required by Parliament, together with maximum productivity and minimum expense? The second question asked was what were the challenges to achieving this result? In response to these questions, the Committee recommended that: 1. A new independent body known as The Management Commission, responsible for the administration of the Legislature, be established. It was also agreed that the specific Terms of Reference for this Committee should be developed to include the term of office, quorum requirements, responsibilities and powers for the provision of adequate support services for Parliament. It should also encompass the recruitment and management of parliamentary staff, the determination of an annual budget to be approved by Parliament, and the monitoring of such annual budget. As is the case in the United Kingdom Legislature, the actual day-to-day management of the parliamentary service should be delegated to the Clerk of the House of Assembly. She will constitute an Administration Committee which will meet on a monthly basis. A monthly activity and management report will be generated by the Clerk, and will be presented to the Management Commission. It was also agreed that the following House Committees should meet on a regular basis, or as needed, and prepare additional written reports for the Management Commission: • Regulations Committee • Public Accounts Committee • Committee of the Auditor General • House and Grounds Committee • Register of Members Interests • Joint Select Committee on Private Bills • Standing Orders Committee.
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It should also be noted that the structure, and enforceability of all House Committees should be regularly reviewed and amendments made as necessary. Functions of Bermuda’s Parliament The functions of Bermuda’s Parliament proceeds from its role as the supreme representative body of the Bermudian people, and from that of the single legislative authority of the country. Our constitution has adopted a parliamentary system of government more commonly understood, or known as “the Westminster model”. Under such a system there is an interesting mixture of the legislative and executive organs of the State. Thus while the Executive is the main driving force in terms of developing legislation to implement its programmes, and stated agenda objectives, it is necessary to ensure accountability and control of the Executive within the Legislature. This aspect of accountability and control should always be borne in mind. With the above as a precursor, the Joint Select Committee came up with the following recommendations. Recommendations for the functions of Parliament 1. The Legislature should provide each elected Member with adequate and appropriate resources within his or her constituency, to enable him/ her to fulfil their representational functions. 2. Members and staff of Parliament must have the authority to receive technical and advisory assistance from legitimate and reputable institutions or organizations. They should also have the ability to network and exchange experience with individuals from other Legislatures. 3. The Legislature should provide adequate mechanisms to encourage wider consultations and public submissions on Bills introduced. 4. Historically, from a community outreach perspective, Bermuda’s Parliament is seen to be somewhat stoic, and detached from the
community. This must change. Going forward, Bermuda’s Parliament must be an integral part of the Community, and this committee wants the community to fully understand the role of Parliament, and what Parliament is doing for them. Parliament must use all forms of media to achieve this endeavour. 5. Information must be provided to the public in a timely manner regarding matters under consideration by the Legislature. 6. The Legislature must have mechanisms in place to obtain information from the Executive that is sufficient to exercise its oversight function, in a meaningful and timely manner. 7. The oversight authority of the Legislature could include: • Meaningful and timely oversight of state owned enterprises; • Meaningful and timely oversight of compliance with international treaties and obligations; and • Meaningful and timely oversight of accountability institutions, such as Elections Commissions, Human Rights commissions, Anti-corruption Commissions, Ombudsmen, information commissions and office of Auditor General. 8. These oversight committees must also provide meaningful opportunities for minority, or Opposition Members and Independents to engage in effective oversight of government expenditures. The Public Accounts Committee and other oversight committees should be chaired by a Member of the Opposition or an Independent. 9. Oversight committees should also have access to financial records and related documentation sufficient to be able to meaningfully review the accuracy of Executive Branch reporting on its revenues and expenditures. 10. There should be a parliamentary calendar produced annually that shows the dates for sessions of Parliament including the expected recess dates. 11. The Standing Orders Committee
should continually review and make recommendations for amendments to the Standing Orders. Recommendations for an ethical governance of Parliament As Parliamentarians have one of the worst reputations from a professional perspective, we must address this stigma and practice ethical governance. This should be an important requirement for any elected body. As stated in the 2011 CPA report on “Recommended Benchmarks for the CPA Caribbean, Americas, and Atlantic Region Democratic Legislators”: “Members should maintain high standards of accountability, transparency and responsibility in the conduct of all public and parliamentary matters.” “The Legislature shall approve and enforce a code of conduct, including rules on conflicts of interest, and the acceptance of gifts.” With the above in mind, Bermuda’s Joint Select Committee on Parliamentary Governance and Reform made the following recommendations: • 1. An Ethics Committee should be established. This Committee should consist of Members from all political parties, and Independent Members. Members from both Houses should be appointed to oversee the application of the Code. • Members will be required to fully comply to any requests from the Ethics Committee, when an investigation into a Member’s conduct is undertaken. • The Committee report must include findings and recommendations to be submitted to the Speaker of the House. • The House may also impose a sanction on a Member where it is considered necessary. 2. A Member’s Code of Conduct should be established and as paraphrased from the UK Code of Conduct for Members of Parliament, its general principles should include for consideration:
a) Selflessness; b) Integrity; c) Objectivity; d) Accountability; e) Openness; f) Honesty and transparency; and g) Leadership. Conclusion Given the current information and technology driven age, and the popularity of social media, worldwide parliamentary standards are continuously evolving and all Parliaments can be sources of valuable innovations regardless of their size or age. For the Parliament of Bermuda, it was important to develop benchmarks based on the unique traditions and parliamentary practices of our region. It was also noted that although Bermuda’s Parliament has some distance to go towards meeting the recommended benchmarks, its Parliamentarians recognize that they must make gradual steps toward reaching the ultimate goal. In closing it should be noted that Bermuda’s Joint Select Committee on Parliamentary Governance and Reform report is currently being used as a road map forward. In addition, the Premier of Bermuda at the beginning of August presented a Cabinet Memorandum to Cabinet advising them that the Bermuda Parliament is moving forward in meeting the standards prescribed in the CPA’s parliamentary Benchmarks. Moreover, on behalf of the Joint Select Committee, and Bermuda’s Parliament, I will be presenting amendments to Bermuda’s parliamentary act to include the establishment and operations of a new Parliamentary Management Commission. The legislation should be tabled and approved when Parliament reconvenes after the summer recess this autumn. This action should bring more independence to Parliament, and ultimately provide better and more effective parliamentary services to the people of Bermuda.
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WESTERN AUSTRALIA: MANAGING WATER
Managing Western Australia’s Water Managing domestic, commercial and industrial water needs in Western Australia is an ongoing challenge, given it is one of the driest parts of one of the driest continents on earth. The Minister for Water and Forestry in the Australian state describes the measures that have not only helped manage existing water resources, but also have increased the availability and accessibility for development, industry and agriculture to enable Western Australia to compete in the global market.
Hon. Mia Davies, MLA, and members of her office team
Ms Davies is the Minister for Water; Forestry. She made history in 2013 as the first female to be appointed as the Deputy Leader of the National Party of Australia. Prior to entering Parliament, Ms Davies worked as a policy advisor for the Leader of the Parliamentary National Party and as an executive officer at the Chamber of Minerals and Energy.
At the beginning The drive of Western Australians to overcome and adapt to water challenges is in our blood. When gold was discovered in Coolgardie in 1892 and in Kalgoorlie in 1893 the gold rush saw the State’s population go from 50,000 to 200,000 in just 10 years. With most of this population growth in the Goldfields almost 500 kilometres east of Perth with little rainfall and with no major local potable water sources, the need for water demanded an innovative water solution. In 1895 engineer Charles Yelverton O’Connor was asked to come up with a plan to get water to the Goldfields, and he designed a system to capture and store water in dams in the Darling ranges, and then pump the water via pipeline to Coolgardie. This system, known today as the Kalgoorlie pipeline, took five years to build and like the gold rush, it became a driver for employment migration. When it was completed in 1903 it had cost around $5 million to
Hon. Mia Davies, MLA
$1.5 billion in today’s money. Apart from the engineering aspects of the pipeline itself, the design of the Kalgoorlie pipeline solution was based on O’Connor’s reliance on an understanding of the hydrology of the Darling ranges and the Goldfields.1 His examination of the, albeit limited, rainfall data for the Coolgardie district and the more substantial records for the Perth and the Greenmount ranges, underpinned his solution, and helped the government make the right decision.2
Considered at its time to be one of the most ambitious and biggest engineering projects in the world, it continues today to keep water flowing to the Goldfields, and has established itself as the benchmark for water supply vision in the State.3 Unfortunately, a hundred years on and the dams O’Connor used to trap the State’s water supply are no longer reliable. Were O’Connor alive today, he would have most likely encouraged the use of water information and science combined with engineering and technical innovation, to fulfil a vision of Western Australia as a climate independent State that maximizes the value of every drop of water. One of the challenges of a drying climate worldwide is its impact on agriculture and thus the food supply. How to feed the ever-growing world population expected to reach 9.55 billion people by 2050 is a constant challenge for the government. It is little wonder that food security is at the forefront of national policy and
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Aerial views: Opposite page: the Southern Seawater Desalination Plant; This page: The suburb of Gnangara
planning for countries, especially those who have to rely on food imports. Intensifying and expanding production will help ensure that Western Australia is part of the long-term food solution. This means creating irrigation across the State through: finding water; resolving land tenure issues; and providing export infrastructure. Excerpts from a recent speech delivered by Hon. Davies at the Committee for Economic Development (CEDA) in Australia, a leading independent policy think tank, demonstrate that message: “The Western Australian government has recently announced
a new programme, Water for Food, a $AUD40million investment into locating, proving up and licensing access to water for agriculture. In addition, the Department of Water is working closely with the Departments of Agriculture, Regional Development and Lands to package up land and technical advice to promote to private investors. This has already occurred in Western Australia’s North West, with the Ord River irrigation expansion where Chinese investment of up to $AUD700million aims to double the irrigated farmland from its current area to 27,000 hectares. One of our greatest opportunities is to create new food production centres in the under-developed
Rangelands, stock grazing plains where 452 pastoral leases cover nearly 87 million hectares of 34.4 per cent of the State. This is a new frontier for irrigation, as many of these pastoral leases overlie fresh water resources. The Department of Water estimates there could be more than 1000 gigalites of sustainable fresh water in the Kimberley and Pilbara regions in the north-west of Western Australia alone. Western Australian government agencies are working together as part of this project to clear these hurdles with urgency. While Western Australia has identified markets and signed a number of memorandums of understanding to send more beef into China, Indonesia,
Vietnam and other South-East Asian markets, we are supporting the development of more on farm irrigation to mitigate seasonal supply issues. Importantly, half of all pastoral leases in the Kimberley region are in Aboriginal hands, with many of them strategically placed along the Fitzroy River and above aquifers. Importantly, unlocking water and land, and therefore irrigated agriculture, brings employment and training to Aboriginal people in the region.” In addition to the Water for Food programme, the government has invested in a number of other exciting initiatives including: an extensive groundwater investigation
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Department of Water staff deep underground in Yanchep measuring Gnangara aquifer levels. One of 700 monitoring stations on Gnangara, it is regarded as one of the best monitored groundwater systems in the world.
programme; large scale groundwater replenishment; and construction of two desalination plants. All of these help Western Australian become less climate dependent for both potable water and water for industry and agriculture. Keeping Perth hydrated Since the late 1990s groundwater had taken over as the major source for the private and public water supply for Perth, the State’s capital city. Today, the reliance of the greater Perth metropolitan area on what is currently more than 430GL a year of groundwater for a total water supply of around 550Gl a year, is certainly one of the biggest water challenges for the State. The Gnangara groundwater system stretches 2,200 km2 under the largely urbanized Swan Coastal Plain north of the Swan River between the Indian Ocean and the
Darling Range. The system has for many years supplied up to 300GLs of Perth’s water – including half of Perth’s public water supply. This water, which comes from both deep and shallow aquifers beneath the city, supports fresh fruit and vegetable production, parks and ovals for recreation and sport, schools, industry, small businesses, local government. It has been estimated that the water from the Gnangara system alone supports in perpetuity more than $6.7 billion of economic activity.4 Rainfall around the State’s capital – where around 80 per cent of our population is - has dropped by around 15 per cent since the mid-1970s. More recently, the average has dropped from 766mm in 1990-1999 to 683mm from 2000-2009, and since 2009 has fallen again to an average of 656mm. Prior to 1974 the average inflow
into Perth Dams was over 330GLs a year. From 1975 to 2000 average inflow was almost half this value at 177GLs. From 2001 onwards the inflows again halved, and in 2010, the driest year on record, only 13GLs of water ran into the dams – effectively ending their reliability.5 This is now a topic of regular media reporting and only recently an article published in the premier international science journal Nature Geoscience reinforces accepted climate modelling that the drying trend in the Southern half of Australia – particularly out State’s South West – is real and likely to continue. The State water scientists, again in collaboration with agencies such as the Commonwealth Science Industry Research Organisation (CSIRO), have recorded the impact of this rainfall decline on surface water yields, and have found that a 10 per cent reduction in rainfall can result in up to,
and in some cases more than, a 30 per cent reduction in streamflow and run-off into dams.6 These dams that once provided all of Perth and the Goldfields’ water, are now on average expected to provide less than 20 per cent of the water distributed through the Water Corporation’s Integrated Water Supply Scheme. Perth’s continued high growth rate under the drying climate has pushed the State further to use, and find ways to support, groundwater supplies. Thankfully though, this work was not a case of shutting the door after the horse had bolted. The investment in groundwater knowledge has been building since the 1970s. Western Australia built and has since managed the nation’s first major public water supply desalination plants. The two modern reverse osmosis desalination plants provide us with the capacity to supply 145
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billion litres of climate independent water each year into Perth’s scheme supply. More recently, after a successful three-year trial that had to comply with 254 health guidelines, Western Australia’s first state-of-the art groundwater replenishment scheme is ready to move forward, heralding a new era in the management of Perth’s drinking water supply. The vision for this Scheme started over ten years ago, when scientists from the Water Corporation visited the groundwater replenishment plant at Orange Country, California, United States. This project involves treating wastewater to drinking water standards, and then recharging it into the deep Gnangara groundwater aquifers north of Perth. To date, 3.8 billion litres of water has been recharged and the equivalent taken out for public water supply. This advanced treatment process removes chemicals and microorganisms such as bacteria, nutrients, detergents, oils, pesticides and heavy metals and means the water is actually pure before it is recharged into aquifers at a depth of between 120-220 metres. There it mixes with groundwater, undergoing natural filtration for up to three decades before extraction, by which time it is the same as any other groundwater in the aquifer and subject to further treatment, ready to supply our drinking water system. Investing in the Gnangara system In July 2014 the expansion of the groundwater replenishment scheme’s capacity and awarding of a contract for the construction of the first fullscale groundwater replenishment plant was announced. The Advanced Water Recycling Plant (AWRP), led by the water service utility Water Corporation, will be built next to the trial plant, with double the treatment capacity of what was originally envisaged for stage one. When finished in 2016, this first stage plant will be able to deliver 14Gl per year of water into the grid, and
Inside the Perth Seawater Desalination Plant
this water source has the potential to supply up to 20 per cent of Perth’s future drinking water needs by 2060. Just as O’Connor balanced water and climate science with engineering, our investment in the investigation, monitoring and modelling of the Gnangara system has sustained the city during a 40 year drying climate trend, but has given the confidence to proceed with this state-of-the art groundwater replenishment scheme in full knowledge of the nature of this
water source, and how to manage any risks to the existing water supplied from this source. It has also provided science-based information critical to winning over public acceptance of this new source – such as dispelling myths that this water is going straight from the ‘toilet to tap”. Innovation and vision in water engineering and management based on an understanding of hydrology have helped shape Western Australia’s growth.
Continued improvements in the use of water and innovative new sources like managed aquifer recharge enable adaption to the drying climate. The same climate change that has reduced flows into dams has also seriously reduced the amount of aquifer recharge in the groundwater systems. This new solution is starting to put back into the ground what is being taking out, water that until now, was treated and piped out into the ocean.
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In the years that rainfall improves and dam flows increase, managed aquifer recharge will assist groundwater sources to replenish, and this is good news for not only the public scheme water supply, but the overall use of the groundwater under Perth. This work ensures that the best available scientific advice is available to make management decisions about water resources. It includes establishing a network of over 700 government-owned monitoring sites used to provide up to date information on groundwater levels and water quality, and the incorporation of the latest data into the department’s computer hydrogeology modelling tool, the Perth Regional Aquifer Modelling System (PRAMS) which is used to assess the volumes, levels and recharge of the system and helps predict how the system is likely to
“It’s an exciting time to be working with water in Western Australia, a time that requires vision, innovation and drive.” respond to future changes in land use, abstraction and climate. Improved understanding of the relationship between the superficial and confined aquifers which are used as Perth’s major water source is required to make better use of groundwater resources under the impact of the drying climate. In 2012 the Western Australian government committed $7 million over four years to the Confined Aquifer Capacity Project which is investigating the deeper, confined aquifers in order to even further improve the way they are managed and used. This project is building on the latest groundwater science to establish if additional groundwater can be drawn sustainably from the confined aquifers without impacting
on surface aquifer levels. It also includes installation of a new network to monitor saltwater intrusion to the freshwater aquifers. Isotope analysis and modelling to direct future groundwater replenishment and managed aquifer recharge is also underway to guide the expansion of the groundwater replenishment and recovery scheme by identifying the best locations for the locations of the bores to conduct the managed aquifer recharge as this project scales up to 28Gl per year and beyond. Making the small changes count Not all changes that are helping combat the dry are at such a massive, technical and engineering level. Because much of the groundwater pumping, such as for public open space, is relatively small scale and widely distributed, small improvements in planning and efficiency can make a big difference. Western Australia’s largest water utility, the Water Corporation plays a significant role in demand management in Western Australia, reducing water usage through education campaigns, retrofitting water saving devices and working closely with industry and local government to implement water saving measures and water recycling. The permanent winter sprinkler ban that applies to all households as well as parks and non-active turf pitches, along with other water conservation measures, also assist in reducing the draw on the city’s superficial aquifers. Western Australians love their outdoor activities and are blessed with many parks, playing fields and urban waterways, all managed within water resource limits. Perth has the fastest growing population in Australia and there’s continuing strength in the housing sector and demand for land. The North West Corridor of metropolitan Perth is one of the fastest growing urban areas in the nation. It is also an area where groundwater is highly used and competition has now limited its availability. By working with
developers, irrigation consultants and local government, a water supply strategy to cover an area of more than 9,000 hectares of new urban development was developed to ensure a sustainable amount of water was required and supplied. It’s an example of balancing the needs of public drinking water supply and the need for public open space in the drying climate. This “greenfield” expansion in the northern corridor captures the challenges of building new suburbs for a growing city population under a drying climate. The Alkimos Eglinton area where the strategy was launched, is one of the largest self-contained planned development projects in the Northern corridor in Australia, and the world. Under the unified control of a public/private
partnership, it will cater for around 57,000 new inhabitants on 2,626 hectares of land. Under this strategy there will be sufficient water for the creation and maintenance of over 37 hectares of sporting fields for community and school sports. This is the equivalent of almost 18 ovals the size of Perth’s cricket ground or 45 international regulation soccer pitches. It will also water a further 150 hectares of public open space for active and passive community recreation. Strategies like this bring together smart thinking, combining the latest in urban water design and turf irrigation best practice to direct the limited water to its highest value use. In greater Perth, sweeping grassed entrance statements and
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Inside the Advanced Water Recycling Plant
huge stretches of lawn that are never walked on are things of the past. Instead these places are now part of the urban water solution, providing green areas that are water wise, acting as bio-filters, and recharging shallow groundwater for local use. The approach to parkland planning and design, and the options available for water sources, storage, irrigation systems and landscaping are all being rethought. Planning for the future The Department of Water, Water Corporation and the Department of Sport and Recreation have collaborated with turf industries, planners, urban designers and local governments to develop the Public Parkland Planning and Design Guide that responds to the unique
challenges and parkland needs of Western Australia in the 21st century. This effective approach to water use makes liveable communities achievable even with limited groundwater supply. It also brings together the many areas of government into a unified direction. In planning for Western Australia’s future water supplies, the Department of Water draws on the best available projected climate information from the Indian Ocean Climate Initiative, the Centre for Australian Weather and Climate Research, CSIRO and the Bureau of Meteorology. It feeds this information into its water supply and water allocation planning. The State has already responded to climate changes by factoring reductions in future rainfall into groundwater system allocation
limits and will need to continue to do so. To improve the precision of this vital control for future water plans, a climate modelling tool specific to Western Australia has been developed. This is extremely important as sustainability of existing water entitlements equal security for businesses and the community that rely on that water. The knowledge of what happens elsewhere in the nation and the world, when water is over-allocated on paper, drives the planning. While the drying climate is impacting water resources, through a combination of good planning to develop a mix of sources, water efficiency and alternative supplies such as desalination, recycled water, managed aquifer recharge, and
carefully managing groundwater abstraction, Perth and South West water supplies are secure and will sustain current and future use. One of the largest groundwater investigations in Western Australia since the 1970s, taking place North of Perth in Gingin, is underway to calculate how much groundwater is available in the area and how much can be used. This good quality fresh water source is in high demand for a variety of uses including agriculture, horticulture, mining, industry and also for future public water supply for the rapidly expanding urban growth corridor north of Perth. New water sources around the State have also been found to support growth of regional towns into cities – from Albany in the Great Southern, to Port Hedland in the north-west mining town of Pilbara. It’s an exciting time to be working with water in Western Australia, a time that requires vision, innovation and drive. The adaptation by government and the community to the drying climate around Perth is something Western Australians can be proud of. Continuing to advance the learning based on solid science and sound management, and with the help of Federal funding, will enable the use of natural water resources in these underground ‘reservoirs’ to advance the State, and its contribution to the entire nation. Endnotes 1. Source History of Hydrography in Western Australia – Till The Stream Runs Dry pg 7. 2. Ibid 3. Source Water Corporation fact sheet Charles Yelverton O’Connor 1843-1902 4. Assessing the value of groundwater Marsden Jacob Associates Waterlines Report Series No 89, September 2012 pg 54. 5. http://www.climatechange.gov.au/climatechange/climate-science/climate-changeimpacts/western-australia 6. http://www.csiro.au/OrganisationStructure/Flagships/Water-for-a-HealthyCountry-Flagship/Sustainable-Yields-Projects/ SWSY.aspx
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PAKISTAN: DOMESTIC WORKERS BILL
Protecting Society’s Weakest Domestic workers’ constitute a growing sector of the employee workforce in Pakistan. Working in some cases without any employment contracts has led to the abuse and mistreatment of many domestic workers in the country. A new Bill is planning to change this, thus ensuring equality and better treatment for all workers, argues the Senator behind its movement.
Senator Osman Saifullah Khan
Senator Khan, was elected to the Senate in 2012 from Islamabad, and is a member of the Pakistan People’s Party. He is a graduate of the University of Oxford and the Graduate School of Business, Stanford University.
When I was elected to the Senate of Pakistan in March 2012, representing the Federal Capital Islamabad, contributing to Pakistan’s legislative landscape was one of my foremost objectives in my new role. Although our problem is often a lack of enforcement of existing laws, there are many areas of daily life that desperately require legislation. The employment rights (or lack thereof) of Pakistan’s domestic workers is one such area and so earlier this year I moved my first Bill, The Domestic Workers (Employments Rights) Bill 2013. The Bill envisions legal protection for the rights of domestic workers that take residence in private households, i.e. cooks, drivers and maids. The rise of the domestic worker Pakistan has a population of close to 190 million, with a large majority comprising of young people. With the corporate sector unable to provide enough jobs to gainfully employ the potential labour force, a
Senator Osman Khan
large and growing segment of the population migrate to the cities – usually from rural areas – in search of household work as domestic workers. Their circumstances are unique as they often live in the homes of their employers without written employment agreements and clear employment terms, and their employment falls outside the scope of existing labour laws. Consequently, domestic workers are some of the most vulnerable in Pakistani society. In the recent past the country has
witnessed several instances of gross mistreatment of domestic workers, resulting in injury and in some cases, death. In January and February 2014, stories emerged of the deaths of a ten-year-old and a 13-year-old girl, both killed by their employers. The tenyear-old was killed over allegations of stealing and the 13-year-old was found strangled in her employer’s home. The fatalities, both in Lahore, created a national uproar. Although the proposed legislation does not extend to industrial workers (they are covered by other laws), it is hoped that the heightened awareness the Bill’s passage generates will help many employed in industries where incidences of abuses are rife. A Bill for all Legislation requires backing by robust enforcement of the law; an area where Pakistani performance is weak. The struggles of domestic workers are of course not restricted to Pakistan. The case of the Indian diplomat, Devyani Khobragade,
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The new Domestic Workers Bill is anticipated to ensure employment rights for all labourers. came to light in 2013, when she was arrested for paying her maid – an Indian national – a reported $3 an hour. Numerous cases have also been widely reported on exposing the treatment of domestic workers in Saudi Arabia, Hong Kong and Singapore. The overwhelming majority of Pakistan’s domestic workers persevere without written, legally enforceable contracts that set out their job description, working hours, pay and overtime rates, working conditions etc. The Bill addresses these concerns and more. The Domestic Workers (Employment Rights) Bill 2013 entitles all workers to have a written contract with their employers including specific terms of employment, predefined working hours, and dignified working conditions. The Bill introduces a formal system of social security therefore putting in place the foundation for a social security
net. The Bill also sets out a dispute resolution mechanism and imposes strict penalties for employers who are in violation of the law. The requirement for written contracts will address several of the problems arising out of the information asymmetries existing in the job market. Job seekers will be able to provide evidence of their work experience and employers too can make more informed hiring decisions. The statement of objects and reasons for the Bill put forward was: “No accurate figures exist for the number of domestic workers employed in Pakistani households, but the figure is certainly in the hundreds of thousands if not the millions. Domestic work provides many Pakistanis with the opportunity to earn an honest living, but the conditions under which these men and women work are highly variable. There is a need to ensure that these domestic workers are provided at least a minimum level of benefits and
facilities. Furthermore there is a need to regulate their terms and conditions of employment to ensure that they are treated with respect and dignity, while ensuring that excessive regulation does not create an impediment to the hiring of such workers. The present Bill is being moved in pursuance of these objectives.” The Bill is currently under review before a Senate Standing Committee, a process that can be quite slow. In some ways, the historic and radical nature of the Bill increases the level of scrutiny that it will be subjected to. Labour-related law is a provincial subject under Pakistan’s constitution and so the Bill will cover only the Islamabad Capital Territory (ICT). The 18th Constitutional Amendment passed during the previous regime of the Pakistan People’s Party has given Pakistan’s evolving constitutional edifice a distinctly federal flavour. It is expected that the provinces will follow with their
own legislation once the Bill passes for the Capital Territory. The International Labor Organisation’s (ILO) Convention on Domestic Workers 2011 has been ratified by 10 member states. Pakistan however, has not ratified the convention and the ILO reports that Pakistani domestic workers are excluded from the scope of the country’s labour laws. Few countries around the world have specific laws to protect domestic workers, and if passed, the proposed laws will put Pakistan at the forefront of protection of rights for this demographic. It is also hoped that through inter-parliamentary cooperation and interaction, other Commonwealth nations may also benefit from such legislation. While each country has its own unique and individual circumstances, the issue of domestic workers and their employment rights is clearly a global one.
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Women in Parliament: Understanding the terrain, making a difference With many Parliaments around the world still struggling to increase the numbers of women Members, it is the obstacles faced by many women – even after gaining a seat – that deter others from following suit. A Member of the Parliament of Uganda argues that political participation is a process that is constantly developing and evolving, and is one that requires the efforts of both men and women to work together as agents of change.
Hon. Betty Amongi, MP
Ms Amongi has been a Member of the Parliament from Uganda since 2006. She has been much involved in the work of the Inter-Parliamentary Union, especially gender-related work, and served as the 2nd Vice President of the IPU Women’s Bureau (2012-2014) and also the President of the 17th Women Meeting in 2012. She has also been the Chairperson of the Uganda Woman Parliamentary Association as well as the Commonwealth Women Parliamentary Association’s Uganda Chapter since 2011.
Hon. Betty Amongi, MP
Introduction I regard the key principles outlined in the United Nations’ Universal Declaration of Human Rights as one of the most powerful guiding documents of our time. It embodies a simple, but powerful message that all human beings are born free and equal in dignity and rights. With the declaration, it was made clear that such rights are not conferred by government; they are the birth right of all people. It does not matter what country we live in, who our leaders are, or who we are. We are human, and therefore we have rights, which governments are bound to protect.
In the 65 years since the declaration was adopted, many nations have made great progress in making human rights a human reality. Barriers that once prevented people from enjoying the full measure of freedom, the full experience of dignity, and the full benefits of humanity have slowly fallen away. In many countries, racist laws have been repealed, and legal and social practices that relegated women to second-class status have been abolished. Today, I can tell you that in many countries around the world, the issue is no longer about whether women should participate in public spheres. Instead it is about how to facilitate and fast track the participation of women in all spheres of life. This can be attested by the Inter-Parliamentary Union (IPU) data, indicating that many countries have made progress in enhancing women’s participation in the political sphere. Saudi Arabia, recognized as one of the most conservative monarchies in the world, were women are still not allowed to drive, appointed 30 women to join the previously all-male Shura Council in 2013.
Comrades in the struggle will agree that in most cases, progress was not easily won. People fought and organized and campaigned in public squares and private spaces to change not only laws, but hearts and minds. Thanks to the work of the previous generations, millions of women are now able to live more freely and participate in the political, economic, and social lives of their communities. Today I contend that the main task for our generation is to accomplish what the previous generations fought for: achieving equality for all. I implore you all to fight to give women and girls a chance to achieve their full potential to be on equal footing with men and boys. Democracy must ensure that its core imperative is to ensure that every human being is treated equally. If we do not realize a campaign for women’s rights and opportunities, the world we want to live in, the country we all love and cherish will not be what it should be. To quote a paragraph from the U.S. constitution: “We hold these truths to be self-evident: that all men and women are created equal.” This
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This page: Examples of post-conflict countries (Rwanda, left, South Africa, right) that have introduced special measures to guarantee women’s places in Parliament
simple phrase captures the dream of many. As a female politician in Uganda, these are my guiding principles when I wake up each day, and which is why I remain fully committed to achieving these goals. Having served as the 2nd Vice President of the IPU Women’s Bureau, and being a member of the Commonwealth Parliamentary Association Uganda Chapter, I undertake assisting you in fulfilling your mandates and responding to the needs of your constituents. I strongly feel that Parliaments are at the heart of democracy and that their views are crucial to all key governance, social, cultural and economic questions of our time. Their input is key to facing the challenges of the post-2015 development framework and ensuring that the sustainability challenges of all developed and developing countries are taken into account. Rwanda: leading the way While I recognize the universality of the UN declaration, I also realize
the diversity of political systems that are a reflection of its population. Presidential regimes exist alongside constitutional monarchies, multi-party systems exist along one-party states. What is central to most, is that they have recognized the centrality of Parliament to achieving democracy. The story of women’s participation in this process is also one of continual improvement. By 2013, the global average of women in Parliament stood at 25 per cent. In 2011, it was 19.3 per cent, in 1995 11.3 per cent. While overall trends point to an increase in women’s parliamentary representation, the gains are not spread evenly across countries. Approximately 50 Chambers in around 40 countries have reached the 30 per cent mark, recognized as the critical mass for change in Parliament, while nine chambers in nine countries have no women representation whatsoever. For several decades, the Nordic countries on average had 40 per cent female representation
in their Legislatures. While this level of women’s representation is unmatched by any region, the record for women’s representation in national Parliaments is no longer held by any of the Nordic countries. Since 2003, it has been held by Rwanda standing at 64 per cent (2014) women representation. Rwanda is an example of a postconflict country that has evolved and constitutionally made a mark in women’s representation. Like South Africa that came out of apartheid, Mozambique, Tanzania, Uganda, Burundi and Macedonia, introduced special measures to guarantee women’s places in Parliament. The written and unwritten rules Democracy requires constant evaluation and reassessment. In the twentieth century, one of the greatest changes to democracy around the world was the decision to increase the numbers of women, both as voters and as Members of Parliament. Though much has been
achieved, women entering Parliament face various challenges, where they are required to learn the written and unwritten rules, and adapt to them. Once women enter Parliament, the greatest challenge is working towards engendering the parliamentary processes, functions, structures and mainstream gender issues in all parliamentary activities. The question is; how can this be achieved? Reality check for female politicians Given that most structures are occupied by men and men monopolize the decision-making positions, this reinforces the notion that leadership roles are for men. In turn men make decisions to protect their interest and positions in power. Women have been socialized to believe they are not leaders. They fear being ostracized in their communities so they tend to praise those in power rather than challenging the status quo even when their interests are
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capable than their husbands. 8. Many women around the world have little or no access to education. Consequently there is a need to build women’s capacity and ensure that they work hard to be able to qualify for leadership positions. 9. Men do not often speak up for women’s interests, nor will they surrender their comfort zone. Ultimately you must utilize all international legal instruments available to compel the government to respond to the need to equality and inclusion of women in the political arena.
Raising awareness: Kirron Kher, a candidate in the 2014 General Elections in India during her political campaign
being oppressed. There is therefore, a need to deconstruct this mind-set to galvanize women to act with a shared vision. Women politicians pay a higher price to attain a position of power. While society accepts that a male politician has to for example, spend a lengthy time away from home, women on the other hand are more likely to be labelled as an unfit mother and wife. Ultimately, women are more challenged to balance their political life with maintaining traditional gender roles. Women have to walk a political and gender tightrope. As a woman who has gained political power, you have to contest certain cultural and religious notions that relegate women as second class citizens. While challenging the status quo to achieve change, you have to appeal to the religious and cultural leaders to support your cause, even though the values that oppress women may have been imposed by such leaders. Juggling cultural and religious
expectations is essential in order to succeed and survive. The media coverage of women tend to undermine their substantive contribution and concentrate on social and personal matters. Issues tend to fixate upon women’s fashion choices and their personal relationships rather than topics of greater concern. Such trivial focus can not only tarnish professional reputations, but in some cases can also affect personal ones too. When you access a position of leadership, you must use your position to ensure that the door remains open for other women to enter. To ensure this, it is important to negotiate for legal reform so that a quota system for women is included in the national constitution. Most women fear the social cost of politics if they attain power. Some women fear that a position of power lessens their chances to get married, given that men may prefer women less ambitious. For married women, there is the fear that excelling in their career could be seen as being more
Role of women MPs Women getting into Parliament is only the start of the journey. Once elected, it is critical that efforts are continued to keep working towards engendering the parliamentary processes. Approaches of achieving this include: • Engendering parliamentary debates. Ensuring that during parliamentary debates, key issues of concern to women are raised either through Prime Minister’s Question Time, Questions for Oral Answer, motions and proposing key amendments to Bills to integrate women concerns during debates. • Engender and reform laws. It is vital to realize that the foundation of access and participation of women must be constitutionalized. It is thus important to work and entrench affirmative action for women in the constitution. Most of the countries that have made progress in increasing women’s political participation has had to use some form of quota system. Therefore, women MPs must work to legalize the quota system in the constitution and operationalize it in subsidiary legislation like the Political Parties Law, the Local Government Law, the Parliamentary Elections Law etc. Several laws related to violence against women, marriage and employment laws are obsolete in many countries. Women MPs should work to reform such laws. • Engendering the structures of political parties. Political parties remain the dominant factor in organizing
and facilitating participation in politics. Their structures are vital in choosing candidates, setting campaign rules and choosing leaders for various leadership positions when they are in power. It is vital for women to entrench legal quotas in their political party constitution and ensure that all the structures and processes of political parties takes into account the interest of women. • Engendering the Rules of Procedures for Parliament. When in Parliament, the Rules of Procedures of the House remain key in enabling women to access positions of leadership, facilitating the gender debate, establishing a dress code and working hours. It is vital that these rules respond to the specific interests of women. Parliaments should work to ensure that the rules provide a clear minimum representation of women in all leadership positions of committees and other parliamentary positions. • Conducting monitoring and field visits at grassroots level. Women MPs remain key role models at a national level, meaning it is important to mentor other women at the local level. Therefore, through the caucuses, women Parliamentarians can conduct field visits to monitor implementation of gender laws, policies and government programmes while raising awareness on gender issues. Strategies to strengthen the roles of Parliamentarians The following are some of the main strategies to help women maximize their power and effectiveness as representatives. 1. Raise awareness. Media campaigns should focus on the importance of balanced participation and representation of both men and women. Political parties or women’s organizations could be financed to mount such campaigns and related activities. Non-Governmental Organizations (NGOs) interested in encouraging the participation of women in political life have often been active in raising awareness. To encourage such campaigns, male and female politicians must be proactive in identifying and
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establishing relations and promoting these issues with key members of civil society as well as with media producers. An example of this is the Pancyprian Movement for Equal Rights – Equal Responsibilities in Cyprus, which promotes public awareness for women to enter politics. 2. Work in partnership with men. This entails designing programmes, whether inside or outside specific political forums, that take into account men’s concerns and perspectives with respect to solidarity with women politicians. This idea is now gaining credibility with the growing realization that women need the support of their male colleagues, partners and electorate to enhance the effectiveness of their strategies and increase the value of their social and political message. 3. Enlarge the pool of eligible, aspirant women. This means enhancing women’s interest in becoming politicians as well as increasing their involvement in politics. Eligibility for and involvement in politics is contributed partly to factors such as access to education, income and time, as well as more specific resources such as knowledge and information about politics and political experience. Policies to enhance women’s access to higher education, paid employment and various social and economic organizations provide a context for political participation that is increasingly hospitable to women. However, even where they lack adequate resources to politically participate, women are devising creative strategies to mobilize resources that would facilitate their access. For example, in India some women drew upon transitional networks of extended family, neighbourhood links and other women-centred spheres to enable them to gather the resources they may require. 4. Take positive action. Quotas have been particularly effective in increasing women’s presence in Parliaments/Legislatures. Both incremental and “fast-track” models have been effectively used. An
example of the incremental model is in Sweden, where women used several means to press their parties to nominate women candidates and place them in favourable positions on party lists. They also conducted campaigns to promote women candidates and issued proposals to get women into better positions on party lists. This process of securing substantial increases in women’s electoral fortunes was achieved without recourse to formal compulsory quotas. Recommendations, arguments and the threat to press for quotas succeeded in setting targets requiring women to get 40 per cent of the nominations. Once these targets were set, considerable progress was achieved. Eighteen such models have been more commonly used in transitional or democratizing countries. 5. Amend laws to allow positive discrimination. In the past, governments did not use the law to compel parties to promote women, not least because such policies often ran against other legal principles. But this is an area of change as governments have legislated to compel (Belgium), to provide incentives (France, Italy) or to permit (UK) measures to guarantee better representation of women legislators. Moreover, some countries have introduced laws requiring that women hold a certain proportion of seats on government-appointed bodies. Such laws were introduced in Denmark in 1985, Finland in 1987, Sweden in 1987, the Netherlands in 1992 and Germany in 1994. Published statistics in these countries indicate that women’s participation in such bodies has steadily risen ever since. 6. Raise the general standard of living and access to resources of all women. The high achievements of Scandinavian women stem from a combination of government policy, party initiative and demographic change. The remarkable position of women in Scandinavian politics rests on social/demographic foundations involving considerable changes in the structure of the women’s family, economic and social lives. These are
probably irreversible. The policies on equality of representation have included government equality reforms operating in conjunction with the influence of the women’s movement, functioning both autonomously and through the political parties. To some extent there is feedback between demographic and political change as policies have included explicit attempts to change demographics and the gendered division of labour both in the family and in paid employment. 7. Caucus and network. This allows women MPs to share information, ideas, resources and support. Networks may be partybased, cross-party (very rare), local, regional and international. Meetings, conferences, seminars, newsletters
“...the same way as men’s political input is in constant need of improvement, women should not be complacent about their contributions to the political process, nor...take whatever gains are achieved for granted.” and electronic mail links are useful networking devices. Consultations with women’s organizations and research gauging the needs of women (demand) and their practical constraints (supply) enable women MPs to target their efforts to activities that will be most useful and effective. In this regard training on the use of information and communication technology, as well as on emerging e-government practices, will become increasingly necessary to place women firmly at the cutting edge of governance as a whole. 8. Effective use of the media.
Women MPs must use the mass media, particularly the resources offered by women broadcasters, editors and journalists, to communicate their concerns and highlight relevant issues. As well as enhancing the image of women MPs and promoting their political ideas, the mass media are instrumental in educating and mobilizing voters, particularly in rural areas. It is an important concern particularly in developing countries where women, with limited resources, may have difficulty reaching out to these voters. 9. Collect, monitor and disseminate statistics and facts about women’s political participation and representation. This enables women’s advocates in Parliament to analyze the position of women in decision making and to define problems, devise appropriate solutions and seek political support for their preferred solutions. Conclusion The ultimate objective of enhancing the quality of women’s political participation is a goal that must constantly be worked towards. In much the same way as men’s political input is in constant need of improvement, women should not be complacent about their contributions to the political process, nor should they take whatever gains are achieved for granted. Political participation is a process that is developing and evolving. The actors involved in this process should always be prepared to strive to keep ahead of the changes. Both men and women involved in this process should work together to be agents of change, constantly aware that obstacles are but means to realize new and evolving strategies. Politicians and Parliamentarians of both sexes have contributed to advancing women’s political participation in general and particularly within legislative structures. Although the road ahead is long, the lessons learned from the accumulation of experiences can, and will, significantly illuminate the hopefully smoother path that lies ahead.
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Investigating the question of the participation of Malawian women in politics The low numbers of women in decision-making positions, including in Parliament is a concern not only for Malawi, but for most parts of the world. With only 30 out of the 193 seats in Parliament secured by women in the Tripartite Elections in May 2014, it is now more than ever critical to increase the participation of women in politics for women’s empowerment, the attainment of gender parity, increased enactment of gender-sensitive laws and policies, and ultimately for the attainment of sustainable development, argues the Executive Secretary of the Malawi Human Rights Commission.
Ms Grace Tikambenji Malera
Ms Malera is a women’s rights defender/activist, trainer, and socio-legal researcher, who is currently working with the Malawi Human Rights Commission. She has over 10 years of experience working in the governance and human rights sector, and serves on the boards of a number of national and grassroots women’s organizations.
Ms Grace Malera
Introduction In the recent Tripartite Elections that took place in May, women MPs represented a dismal 16 per cent of the seats in Parliament, a drop from the 43 seats that were won by women in 2009, representing 22 per cent. The statistics are even worse at ministerial level. Yet, it can be argued
that the question of the importance of the participation of Malawian women in politics has long been debated, and at least reached a consensus or a compromise with contenders agreeing to disagree. Therefore, when the former President of the Republic of Malawi, Her Excellency Dr Joyce Banda ascended to the highest political office of presidency in 2012, social commentators and scholars alike, variously applauded the development as a breakthrough. However, gender stereotyping permeated through the time of her stint in office. Gender stereotyping is a generalized view or preconception of attitudes or characteristics distinguished by the roles that are or should be performed by women and men respectively. Such stereotypes presumes that all individuals in the social groups
of men or women possess certain attributes or characteristics, behave in a certain way and perform certain predetermined roles. In the case of Dr Banda’s presidency, the gender stereotyping was epitomized by the title of Amayi, literally translated to “mother” that was bestowed on her while in office. Before then, none of the male holders of this political office had ever been referred to as Abambo meaning “father”. With her ascendancy to power, the presidency had been reduced to the traditional role of motherhood, i.e. caring, nurturing, gentle, and compassionate, as opposed to being aggressive and playing key roles in decision making. What followed was a litany of simplistic generalizations about the roles, differences and capabilities of a female leader as opposed to a male
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leader, which in some cases greatly disadvantaged Dr Banda. While stereotyping in itself is not inherently
problematic, it is when it manifests in ways that accord simplistic generalizations to all women, and operates in ways that ignore individual women’s characteristics, abilities, unique needs and experiences in ways that disadvantage them. More often than not, the level of stereotyping saw Dr Banda being measured by the simplistic question of “just what did you expect women could do or can do?” Her indecisiveness on issues of national importance such as: the claims by Tanzania over ownership of the northern part of Lake Malawi; her conflicting statements regarding the issue of the misappropriation of money from the public coffers, dubbed as “the cash gate scandal”; and what appeared to be an endorsement of the policies of multilateral and bilateral partners of
Malawi, including the devaluation of the Kwacha, did not help matters. Men in similar circumstances and behaving exactly in the same manner would have more likely gotten away with such actions. However, for Dr Banda, wrongful stereotyping prejudices and patriarchal notions were not in her favour. Her tenure in office brought to light a number of instances that reinforced such stereotypes of women as incompetent decision makers. Thus with this background, the tone for the May 2014 Tripartite Elections was partially set. The world watched with keen interest to see if in the first place, Dr Banda would retain her seat, and secondly, if given her stint in the office of the presidency, she had set the scene for more women to enter the political arena in Malawi at all three levels.
Opposite page: Makoro boats on Chitimba beach, Lake Malawi; Above: The former President, Dr Joyce Banda; Left: The atrium inside the Parliament building of Malawi.
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More priority needs to be placed on bringing more women into Parliament and decision-making positions
The outcomes of the elections were far from reaching any substantive gender parity goals. First, women performed dismally, winning only 30 of the 193 seats. Second, and most importantly, a large number of women from the 2009 to 2014 cohort of Parliament did not retain their seats. As for Dr Banda, in this closely contested election, her performance – though gallant – did not secure her presidency, coming third out of the 12 candidates that ran for office. The legacies of Dr Banda during
her time in office are multiple, and will vary according to the issue. So, while various commentators have focused on a number of legacies from the President’s two years in office, we choose to view her legacy from the perspective of women in contemporary politics in Malawi. Using the Dr Banda legacy as a backdrop, the question of the participation of Malawian women in politics will be examined more from an activism than a research perspective. The arguments are focused on Parliament
as the one level of the political structure in Malawi. Spurring debate and promoting critical thinking on this important topic will help contribute to the discourse that is currently focusing on challenging the underrepresentation of Malawian women in Parliament and other political and decisionmaking structures. Only if we are clear about where we started from or are starting from, where we want to get to, and the path to get from one to the other, will we get it right. Unfortunately,
the policies and programmes that have been implemented so far to propel women into politics and build a critical mass of an effectively capacitated pool of women on the political front, has not delivered the much needed and expected outcomes. The 50-50 Campaign The 50-50 campaign, which was run with the aim of ushering an increased number of women into politics, was deemed unsuccessful for a number
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of reasons. These included: the delayed release of funds for the campaign; quality of the candidates; and the financial resource-base of the candidates. The success or failure of the campaign may have been influenced by Dr Banda as a sitting female Head of State, her performance and general gender stereotyping. Reflecting on the 50-50 campaign and other factors influencing the entry of women into Parliament coupled with the results of the recent elections raised one key issue: the campaign was motivated around Dr Banda as a sitting President. The key players that were entrusted with running the initiative deterred rather than fostered the campaign. It was not uncommon at the time to witness all manners of ceremonial events, in the name of one national women’s gender event or another, where the key personnel running the 50-50 drive would meet with the President to celebrate various women’s achievements. As one of Africa’s role models in this area, it was therefore befitting for Dr Banda to be the face of the campaign. Another factor highlighted was that as a sitting President, the lines became easily blurred between her position as Head of State and as head of a political party. The 50-50 drive was consequently seen as a drive for the retention of the office of the presidency by the former incumbency, and for drumming support for women, particularly from the previous ruling People’s Party to make it into Parliament. It was at the time the viewpoint of many Malawian citizens. The disadvantage with the politicization undertones that underlined the 50-50 drive was that it was inevitably linked to the performance of Dr Banda and her People’s Party administration during her two years in office. As a result, the drive was reduced to a popularity contest: the more unpopular the Banda administration grew each the day, the more unappealing and nonpersuasive the campaign. Conversely, the more popular the Banda administration became,
the more appealing, persuasive and convincing the 50-50 campaign. The lesson learned was that going forward, strategies aimed at increasing the number of women in politics should be apolitical, and designed and implemented as independently and objectively as is possible. Working independently As a government agency, a ministry can be entrusted with the duty of running projects aimed at serving national interests, such as alleviation of poverty, combating maternal morbidity and mortality, and in this case, working to increase the number of women in politics. It is possible however for such projects to be executed independently, without being seen as tools for leveraging political mileage for incumbent administrations. Therefore, if Malawi is to achieve any significant feat in the drive for an increased number of women in politics, campaigns such as the 50-50 campaign should be run independently. Of course, this is not to say that the only factor that affected the drive to attract an increased number of women into politics was the ostensible linkages of the drive with the then administration. In addition, the approach to such initiatives as the 50-50 campaign need not be designed as one-off events or shortterm events spanning only for a period of three to six months before elections for them to be more successful. The programmes should also be designed in a manner that holistically addresses the various factors that perpetuate the exclusion of women from structures of power, in this case the formal political arena. Several other factors not related to programmatic approaches also affect the entry and participation of women into the formal political space in Malawi. Needless to say the positioning of women vis-à-vis politics is deeply gendered. The negotiation, roles and power relations that determine participation are heavily gendered, with the balance tipping in favour of men. When it comes to
participation in politics, women are invariably adversely affected by a number of gendered factors such as: the private/public dichotomy; inequitable division of labour in the house; stereotyping, patriarchy; cultural attitudes; socialization; and notions of masculinity vis-à-vis femininity. Almost invariably, women who are vocal and visible in their communities and make an attempt at breaking the glass ceiling by venturing into politics experience varying levels of abuse, hostility and in extreme cases violence. Not only are they subjected to attacks in line with their prospective careers, but their private lives also suffer such attacks, more so than their male counterparts. Thus, it is not uncommon for both formal and social media to be awash with stories of the private lives of women politicians, be it their dates, marital status etc, when similar stories of their male counterparts very rarely make it into the news. Women entering politics are seen to have crossed the socially constructed line, between the good woman, the motherly type that should confine herself to the home and conceive and raise children, and the bad woman, often considered as “loose” that has entered the tough man’s world of politics. This kind of stereotyping and stigmatizing inhibits women’s potential and merit to consider venturing into politics, or to do so at a very high cost.
in attributing the non-performance or under-performance of particular female political players to aspiring female candidates, can also work to the disadvantage of women. The performance of women in the May 2014 Tripartite Elections can therefore be concluded as one where women performed dismally. Women who held seats in the 2009 to 2014 parliamentary cohort did not retain their seats. In the aftermath of the elections, the study of this dismal performance is fundamental to the construction of a strategic way forward that will ensure the retention of women that made it to Parliament in 2014, and an increased number of women entrants come 2019. It is important to build on the collective power of the fewer women in the current Parliament to achieve their better performance so as to deconstruct prevailing wrongful gender stereotyping of women’s capabilities as politicians. In this regard, the women need to move beyond the political divide or any other divisive factors and function as a unified block. The women’s parliamentary caucus already offers a good entry point in this respect. Furthermore, initiatives aimed at increasing the number of women in Parliament either by private or government agencies should have holistic strategies, long term in nature, independent and objective in their design and execution.
Conclusion At present, there is already a diminished resource pool of aspiring women politicians from which the nation can draw from to increase the numbers of women in Parliament. In the cases where women have beaten the odds of all stereotyping and negativity and have decided to contest, they are already pitied against their male counterparts in terms of resources to be invested in their prospective political careers and education background. The pervasive wrongful gender stereotyping that has a “one size fits all” view of women in politics, which may result
References 1. United Nations, Division for the Advancement of Women, Enhancing the Participation of Women in Development through an enabling Environment for Achieving Gender Equality and the Advancement of Women, EGM/WPDEE/2005/EP.12 (2005) 2. Cusack, S. and Cook, R.J. Stereotyping Women in the Health Sector: Lessons from CEDAW, 16 Wash & LEE J.C.R & SOC. JUST.47 (2009) 3. Malera, G. “Women and Political Power in Malawi: Opportunities for Improving the Rights of Women:” in Women and Children’s Rights: African Views, by Lagoutte , S. and Svanberg, N. (Editors), Karthala (2011).
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PRACTICE PARLIAMENT 2014: A NEW ERA FOR THE WOMEN OF TONGA As part of its vision of building a modern and more representative Parliament for the people of Tonga, the Practice Parliament for Women (PPW) was initiated to encourage women’s participation in Parliament. It was an initiative anticipated to inspire wider participation in the law-making process, and also geared to helping participants understand parliamentary processes. A Parliamentary Research Officer for the United Nations Development Programme (UNDP) that collaborated on the PPW, outlines the objectives that formed the backdrop to the running of an extremely successful programme.
Ms Silivia ‘Atiola
Ms ‘Atiola is a Parliamentary Research Officer for the UNDP. She joined the Legislative Assembly of Tonga as a Parliamentary Research Officer under UNDP’s Tonga Governance Strengthening Programme in January 2014. Ms ‘Atiola has also acted as the Committee Clerk for the Legislative Assembly’s Standing Committee on Finance and Public Accounts since February 2014. She was the former Assistant Crown Counsel at the Tonga Attorney General’s Office from 2009 to 2013.
Ms Silivia ‘Atiola
History of Tongan Women in Parliament Women in Tonga were first given the right to vote and stand in elections in 1951, but it was only in 1975 that the first female Member of Parliament was elected. In the decades that followed, there has only been a total of seven women that have entered Parliament, three of them by virtue of their appointment as Cabinet Ministers. At the level of local government, the first woman to be elected as a town officer was in 2004. Since then, only three women have held the same
position.1 These statistics strongly highlight the fact that despite the fact that women comprise half of the country’s population, the percentage of women’s representation at local and national levels of decision making has been minimal.2 As a result of the slow progress, the Speaker of Tonga’s Legislative Assembly, Lord Fakafanua, decided that a Practice Parliament for Women (PPW) be held. Its aim was to encourage and promote women’s active participation and involvement in the legislative process. Following in the examples of Practice Parliaments held in neighboring countries such as Kiribati and Solomon Islands, Tonga also initiated its first ever Practice Parliament for Women. Politics in Tonga Prior to 2010, Tonga’s Legislative Assembly was comprised of 12 cabinet ministers, two Governors, nine elected nobles’ representatives (elected by 33 of their peers) and nine people’s representatives who were popularly elected by universal suffrage.3
In 2010 however, major political reforms occurred with the passage of several historical constitutional amendments. These amendments removed the King’s royal prerogative to appoint the Prime Minister and Ministers of Cabinet and vested that authority in the Members of the Legislative Assembly. It also resulted in a major increase of the number of people’s representatives from nine to 17. The objectives of this reform sought to reflect Tonga’s commitment to having a more inclusive Parliament and government. This was following the destructive riots that threw the country into chaos in November 2006. Furthermore, these changes meant there was now a better chance for both men and women to become elected Members of Parliament. Despite this new distribution of power in recent years, there is still very little improvement in the advancement of women’s real political representation in Tonga. Public awareness campaign The Practice Parliament was a week-
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Table 1. Progress of women’s representation at Tonga’s Legislature 1839 1862 1875 1914 Establishment of Vava’u Emancipation of Tonga by Enactment of the Constitution Increase Members Parliamentary King George Tupou I of Tonga of Parliaments to 30 Government (Vava’u Code) and commoners were given the right to vote. 1951 1975 1978 1993 Women allowed to vote and First woman MP, HRH Princess Second woman MP, Third woman MP, stand as candidates in Mele Siu’ilikutapu Papiloa Bloomfield Foliaki ‘Ofa Fusitu’a general elections (1975-1977) (1978-1980) (1993-1995) (Tongatapu representative) (Tongatapu Representative) (Niuas Representative) 2005 2006 2009 20104th woman MP, Lepolo Mahe 5th woman MP and first woman 6th woman MP, Lady ‘Eseta Tonga undergoes Taunisila (2005-2010) to be appointed as a Cabinet Fusitu’a, appointed as a major political (Niuas Representative) Minister, ‘Alisi Taumoepeau Cabinet Minister (Minister for reform and (Minister of Justice) Information and Communication) constitutional amendments 7th woman MP, Dr ‘Ana Taufe’ulungaki, appointed as a Cabinet Minister (Minister of Education and Training) long event that took place from 7 to 11 April 2014 after a culmination of months of planning, organization, and awareness-raising campaigns. A Working Committee chaired by the Lord Speaker and consisting of members from key stakeholders such as the Electoral Commission, Women’s Affairs Division and the Tonga Civil Society were engaged to carry out the Practice Parliament mandate with the support of a capable Secretariat. The programme was envisioned to instigate and encourage women’s participation in Parliament. It was also geared at helping participants to understand Parliamentary processes. It aimed to raise their awareness, interest and participation in Parliament via discussion forums and practical legislative training that was to be provided by current and former Parliamentarians and expert staff. The event was planned as one of the major outputs of the United Nations Development Programme (UNDP) Tonga Governance Strengthening Programme (TGSP) for the first quarter of 2014. A number of international and local
donors, namely Australian AID, the Inter-Parliamentary Union (IPU), UN Women, United Nations Population Fund (UNFPA), Pacific Islands Forum Secretariat, the Legislative Assembly of Tonga, Tonga Electoral Commission and the Civil Society Forum of Tonga generously aided the PPW, either through funding or the provision of technical assistance. A national public awareness campaign was launched to advertise the objectives of the Practice Parliament and to generate dialogue throughout the country.4Television programmes, radio talk shows, social media,5 public meetings,6 billboards, brochures and posters were amongst the means employed to raise the profile of the PPW. Lord Fakafanua was present at public meetings in Tongatapu; a clear display of his commitment to the programme. During the meetings, he encouraged women to participate in the Practice Parliament as it was the ideal platform to have their voices heard and to raise the issues that were important to their constituencies. A crucial component of these public meetings was the role of
the facilitators. For each meeting, prominent men and women from each of the constituencies were recruited as facilitators to assist in delivering the PPW objective at the public meetings. It was realized at the outset that aside from the importance of the message, the messenger was equally as crucial so that the audience was more receptive of a familiar role model from their own respective communities. One or two facilitators per meeting spoke briefly to the audience of their experiences as women that contributed to the society at large, offering words of encouragement so that women were reminded of their value in society as future leaders of Tonga. They were also informed that the PPW was an essential platform to realize such aspirations. The broad objectives of the Practice Parliament were: • To encourage the active participation of both genders in Parliament; • To increase awareness on the importance of women’s role in a participatory democratic system
especially in light of recent political reforms; • To help Tongan women better understand the Legislature’s roles, procedures and processes; • To empower Tongan women and showcase women’s potentials for decision making when put in a nearreality Parliament setting; and • To inspire women and increase their confidence encouraging them to run as parliamentary candidates in the upcoming general elections in order that they become future leaders and decision makers for the country. By the end of the month-long public awareness campaign, the Practice Parliament had received extensive coverage throughout Tonga. Based on the issues raised during the live talk shows, it was evident that the public generally understood there was a need for more women representatives and that in order to get them elected; they had to register to vote. A subject of some controversy for the public was the proposal to introduce a quota system to reserve seats in Parliament for Women.
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First page: An aerial view of the capital city of Tonga, Nuku’alofa; This page: Members of the Practice Parliament voting against the Bill that was introduced.
Applications Through the public forums listed above, women in Tonga were encouraged to apply and were informed that the selection criteria followed closely to that required of candidates in a general election.7 When the deadline arrived, the Secretariat received 91 applications from different women throughout Tonga. The selection criteria was carefully tailored to account for factors such as: the applicant’s intention to run for Parliament; current engagement with her community; important issues she wished to raise during the PPW and its relevance to her community; the issue related to existing laws or to make amendments; and how she intended to use the PPW platform to voice those issues. Most importantly, the Committee also considered whether the applicant
had any intention of running in the upcoming November 2014 General Elections. Twenty-nine women were subsequently selected, and included bankers, businesswomen, lawyers, consultants, environmentalists, teachers, former politicians,8 public servants, non-governmental organization workers and those who were self-employed – a truly diverse group. The candidates The PPW was fashioned to follow the current parliamentary setting of 26 seats. There was an addition of four seats for the non-elected Members, which are traditionally reserved for the Prime Minister’s appointment.9 For the purposes of the Practice Parliament, those four seats were taken up by two representatives who did apply through the normal method
of application and they took up the seats of the two current non-elected Members.10 Two seats were reserved for a representative from the Youth and Persons with Disabilities. This allowed a platform for these minority groups to be represented. The youth representative, 24 year old lawyer Adi Talanaivini Mafi said that “the gathering of 30 odd women from all walks of life bringing with them diverse skills and knowledge to debate on national issues…I participated at 24 years of age, so going through that experience was very empowering and I have no doubt that it is also the case for other young women in Tonga.” *(It should be noted that the Tongan Government has committed to provide financial support for Persons with Disabilities in the 2014-15 budget following a plea from the Persons with Disabilities Representative during the PPW.)
The position of Lord Prime Minister was assigned to the PPW’s Tongatapu Noble’s Representative Number 1 and the Ministers of Cabinet were allocated to the Members who represented the constituencies of the real-life Minister. Representatives from the outer islands of Tonga were also fortunate to participate, as the outer island constituencies make up for seven of the constituencies of the electoral roll. Loisi Halaliku, a member of the PPW and a board member of the Queen Vanilla Vava’u Association reiterated that the programme empowered her to speak on behalf of the women of her district. She also emphasized that the PPW motivated her to run for and hopefully become the first female district officer in Tonga. Ms ‘Emeline Fatai Veikoso, who took up the seat of Minister of Education as a non-elected Member,
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said that the Practice Parliament was an excellent practice and learning process for her. She felt welcomed in an atmosphere that was accommodating and friendly. Orientation An informative two-day orientation programme was held from 7 to 9 April 2014, and was designed to inform and educate the PPW members on the legislative processes and to provide training on the subject matters for the Bills and petitions to be discussed. Leading authorities on subject matters were invited to provide briefings for PPW Members. This was followed by a rehearsal programme that was held inside Parliament House for the purpose of familiarizing the members with the Legislative Assembly’s Chambers, in order to ensure that they were not daunted by the fact that they had to debate in a formal and often formidable setting. In opening the Practice Parliament, Tonga’s highest political
and traditional leader Her Majesty Queen Nanasipau’u declared that it was an opportunity to “showcase our parliamentary institution, with its aspirations for a more inclusive and democratic government, as well as its respect for…the rights of the marginalized and the minority”.11 Sessions From 10 to 11 April 2014 the actual sitting sessions commenced at the Legislative Assembly Chambers in Nuku’alofa. The event was broadcasted and telecasted live on all radio and television networks in Tonga, thereby being the central focus of the entire electorate for those two days, and generating great awareness overseas as the debates were also streamed live via the internet. An area in Nuku’alofa known as the Civic Square was reserved during the two days of deliberation that projected live television feeds of the PPW to invited high school students, women’s groups, civil
society and members of the public who wished to watch the live debates from Parliament. Information booths were also set up with a view to widely disseminating information relating to the issue of women participation in politics. The Agenda The PPW Working Committee and Secretariat prepared the agenda according to the common recurring issues raised by the 91 women who had applied. The agenda encouraged healthy, opinionated debates that showcased the women’s talents, debating skills and their first-hand knowledge of important local and international issues. The issues discussed included but were not limited to issues such as the controversial topic of Temporary Special Measures, and it also encouraged current and live issues that were of valid concern for the constituencies, such as economic, environment and youth issues.
Speaker of the Legislative Assembly (Lord Fakafanua) and Clerk of the House, Gloria Pole’o, (second right) during a press conference with Tongan media, which launched the nationwide public awareness campaign for the Practice Parliament.
Bill A Bill was drafted that sought to amend the Order in Public Places Act authorizing the closing of bakeries and restaurants on Sunday – a response to numerous applications which called to repeal the Act which had effectively allowed bakeries to open during Sundays as a result of emergency situations following a natural disaster that occurred in 1982. There were strong religious-based arguments that the Sabbath should be kept holy – as provided under clause 6 of the constitution.
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This page: A Member of the Practice Parliament debating in favor of temporary Special Measures for Women; Right: Two former female MPs, Lepolo Taunisila (left) and Lady ‘Eseta Fusitu’a (right) converse on matters relating to the procedure of the House.
Motions The following motions were drafted for discussion: • A motion to re-introduce the Youth Diversion Scheme; • A motion to seek government’s financial and technical assistance for Women’s handicrafts and other works to encourage activities which women are not usually involved in such as fishing and agriculture; and • A motion to introduce a quota system for reserved seats for Women in Parliament. Petitions The two petitions included one calling for government’s assistance in building coastal protection measures for Ha’apai and a second that requested the government to find new and improved methods of transportation to and from the remote islands of Niua. Gabriella ‘Ilolahia, a Member of the PPW and notable human rights activist indicated that she immensely
enjoyed the live debates, particularly when given the opportunity to make a point of order or to correct the Opposition. She stated that “….this meant that I was able to ensure that the opposing side’s opinions were confronted. I wanted to ensure that all diverging views would be halted in case everybody would believe them instead of what I wanted them to believe. This to me was and is still exciting because it made me, unconsciously pull out all the information from the back of my mind, which I had gathered over the years….” There were heated debates over the Temporary Special Measures Motion that would ensure women representation in Parliament through the introduction of a quota system. However, the general consensus was that even though the odds are against all women in Tonga and that there may be discouragements along the way, it
was realized that women have an important role to play in Tonga’s development. The Members agreed that if they remained as spectators, the ideas and the gifts they possess would be wasted and complaining would be pointless given they were not willing to actively work together to make a change. At the conclusion, the majority of the PPW Members indicated strong support for the establishment of a body to investigate the feasibility of Temporary Special Measures for women in Tonga and they called on the Legislative Assembly of Tonga in consultation with donor partners to take the lead with this initiative. It was also reassuring to see the confidence and self-assuredness of the women increase or prompted during the week-long event. They argued competently, disagreed professionally and made
compromises in matters that they knew would be in the paramount interests of the public. The Practice Bill, motions and petitions all received passage through the Practice Parliament, but nevertheless were appropriately critiqued, dissected, debated and properly assessed by both Government and the Opposition. Although the outcomes of these motions, petition and the Bill does not become Law, they are a reflection of the important views and thoughts of the women of Tonga, and could be tabled if taken up by a current Member of Parliament. Outcome The Practice Parliament was a necessary first step in the right direction that sought to encourage Tongan women and in ensuring that all potential candidates are given the opportunity to become more engaged with Parliament and learn of its functions, roles and processes
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4. The Public Awareness campaign and the Practice Parliament was generously funded and aided by various donors and agencies including the Inter-Parliamentary Union (IPU), Australian AID, UNDP, UN Women, UNFPA, Pacific Island Forum Secretariat, Legislative Assembly of Tonga, Tonga Electoral Commission and the Civil Society Forum of Tonga. 5. The Secretariat started a community Facebook page for the initiative and was named Practice Parliament for Women in Tonga. The page can be accessed at https://www. facebook.com/ppforwomen 6. A total of 33 meetings were held throughout the 17 constituencies in Tonga where the public were invited to join. The Secretariat had engaged prominent women to speak at each village meeting in order to inspire the participation of the women. 7.
The Electoral Act of Tonga provides the
grounds which a person must satisfy in order to be eligible to stand as a candidate in the general elections and they are that the person must be a Tongan citizen, over 21 years of age, has not been convicted of an indictable criminal offence
in an empowering and party neutral environment. Encouragingly, several of the PPW members have indicated that the programme has confirmed their decisions to run in the upcoming elections, no doubt better aware, better informed and much more equipped to compete with the men of Tonga for a seat in the national Legislature. The UNDP through the Tonga Governance Strengthening Programme, the Civil Society Forum and the Tonga Electoral Commission, have been providing civic education and campaign training for some of the Members who are interested in or have announced their candidacy for the 2014 general elections. Conclusion The Practice Parliament was an initiative that hoped to inspire wider participation in the Law making process and its overall success will perhaps be measured by the successful election of women into the Legislative Assembly in November during the upcoming general elections. The PPW Members anticipated that this was the first of many
future Practice Parliaments and have indicated their commitment to ensuring its sustainability. They expressed that the Legislative Assembly of Tonga with the support of development partners would continue to take the lead role in the planning and implementation of future PPWs. The PPW’s outcome statement affirmed that the women believed in an official parliamentary process that would allow women to explore further initiatives to promote gender, youth, culture, economic empowerment, social and disability issues at the national level. To summarize, the Practice Parliament was a very positive means of starting to initiate the process of breaking down the social and cultural barriers that prevent women from reaching their fullest potential, especially in advancing their representation. In general, most comments on radio talk shows tended to highlight that the PPW has helped propel women into politics and encourage both genders of the electorate to seriously consider women on their merits as promising potential leaders in the future. It is the quiet hope of those behind the scenes that the PPW
has generated widespread energy and ongoing momentum that will encourage women to enter the political arena, which will then achieve the objective of realizing a healthier, more inclusive and gender-balanced Legislative Assembly.
and has resided in the constituency from which he will be registering as a candidate for over 3 months. 8. Three former women Parliamentarians successfully applied to join the Practice Parliament. They were (1) Lady ‘Eseta Fusitu’a, who later became the Speaker of the Practice Parliament. She became a Member of Parliament in 2009
“...the PPW has generated widespread energy and ongoing momentum that will encourage women into the political arena....”
when she was appointed as the Minister for Information and Communication (2) Papiloa Bloomfield Foliaki who became the Minister of Justice during the Practice Parliament. She was the first female commoner to become an elected Member of Parliament in 1981 (3) Lepolo Taunisila was the Chairperson of the Committee of the Whole House. Mrs Taunisila was a People’s Representative from Niua. She was in Parliament for one parliamentary term (2005-2010). 9. Clause 51(2)(a) of the Act of Constitution of Tonga (Amendment) (No.2) Act 2010 provides that the Prime Minister may nominate as
Endnotes
Cabinet Ministers not more than 4 persons who are not elected representatives.
1. ‘Ofa Guttenebeil, Report 4, Advancing
10. Currently, the two non-elected members in
Women’s Representation in Tonga 2004
the 2010-2014 Parliamentary Term are Hon Dr.
2. The Basic Tables and Administrative Report
‘Ana Taufe’ulungaki (Minister of Education) and
Census of Population and Houseing 2011
Hon. Clive Edwards (Minister of Justice)
reveals that the total population is as follows:
11. Her Majesty Queen Nanasipau’u in her
Total population: 103,252. Male: 51979, Female:
address during the opening ceremony of the
51,273
Practice Parliament for Women in Tonga 2014
3. Friendly Islands Human Rights and Democ-
held at the Fa’onelua Convention Centre in
racy Movement of Tonga
Nuku’alofa on 7 April 2014.
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Utilizing best practice Information Management and Technology in the Northern Ireland Assembly The Clerk/Chief Executive of the Northern Ireland Assembly documents the various ways the Assembly is exploiting the available technology to help streamline and make every day working more efficient, and changing the way its Members interact with the citizens.
Mr Trevor Reaney
Mr Reaney is Clerk/ Chief Executive of the Northern Ireland Assembly in Belfast. He was appointed Clerk to the Assembly/ Chief Executive in August 2008. Before joining the Assembly, Trevor served as Chief Executive of the Northern Ireland Policing Board from January 2004 and, prior to that, he held the post of Chief Executive of Craigavon Borough Council from 1996-2003.
Introduction The Northern Ireland Assembly is the devolved Legislature for Northern Ireland. It is responsible for making laws on devolved matters and for scrutinizing the work of Ministers and Northern Ireland Executive Departments. The Assembly sits at Parliament Buildings, Stormont Estate, in Belfast. Members of the Legislative Assembly (MLAs) meet to debate issues, question Ministers, and pass legislation. The Assembly ensures that it works in an open, transparent and inclusive way with all its internal and external stakeholders. One of the ways that the Assembly is implementing this strategic vision is to continually improve the way its information is accessed, utilising best practice information management and technology. The Assembly is a relatively new institution. This has allowed the Assembly to consider new and better ways of producing and sharing information and the in-house Information Systems Office has been key to developing these systems.
Mr Trevor Reaney
Assembly Information Management System (AIMS) The first major system that was developed was the Assembly Information Management System (AIMS), a centralised database that records and publishes information on Members and the procedural business of the Assembly. This database is the foundation upon which all more recent information developments are based and gives us a wealth of information to help increase the knowledge and understanding of the Assembly.
“Digital First” During the last session, the Assembly was working on plans to prepare and implement a “Digital First” strategy. “Digital First” is an approach that seeks to create content and then makes a decision on the appropriate platform for distribution – platforms include smartphones and tablets. The strategy does not point to the end of printing, but rather it is a ‘platform free’ mindset and all-inclusive approach to content production. The strategy permeates all decisions about the way we distribute content, and will allow us to provide our content in ways that encourage our stakeholders to retrieve and use it. One of the issues that we have been mindful of, in deploying this strategy, is the need to change the culture around disseminating information. To help smoothen out the transition, the Assembly identified those who could be champions for the new strategy to help with its implementation. Assembly Commission Members and Committee Chairs, for example, have shown strong leadership in relation to “Digital First”.
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In session: The Committee for Employment and Learning in Parliament buildings
Electronic Committee Packs One of the most important responsibilities undertaken by Assembly Members is having to scrutinize legislation and hold Ministers and their departments to account, something that is done both in Plenary and in Committee meetings. Until recently, the paperbased packs prepared for Members used to run into hundreds of pages and take staff as many days to compile and send out. It clearly was a system ripe for change, and the Assembly Commission agreed to a pilot programme introducing an Electronic Committee Pack system. Following the successful pilot, which assessed and defined the needs of Members, the Assembly implemented an electronic system
to better support Members in their scrutiny role and to enhance overall Committee effectiveness. Secondary – but not unimportant – concerns were the desire to reduce the reliance on paper. Business efficiency drives to streamline and standardize services, and with Members becoming more familiar with using tablet devices, they could request their papers in electronic form. The new Electronic Committee Pack system manages the creation of a composite PDF file, bookmarked and page numbered, containing all the committee papers in a single document. It reads and feels like an e-book, rather than a series of individual papers and is capable of being marked up or annotated without changing pagination or
format. This composite pdf is created by Committee teams using bespoke software and copies are automatically distributed to Members cloud-based Office 365 SharePoint storage. After a period of detailed planning, a programme of complementary projects was initiated to create, deliver and manage committee meeting papers electronically – including the in-house development of software, the provision of SharePoint 365 cloud storage for Members, the provision of Windows 8 tablet computers to all Members and the installation of a new Wi-Fi network in Parliament Buildings.
of Committees now adopting electronic-only meeting packs. Many committees have now chosen to be completely paper-free, and other committees have greatly reduced their requirement for paper packs. Cost savings have been achieved, both in terms of the time required to produce Committee packs and the saving on print and paper. Members are now able to search previous Committee packs and may access papers from any location with an internet connection. They can also share, mark and annotate their packs in advance of Committee meetings.
The benefits The level of uptake of the Electronic Committee Pack system has been very encouraging with the majority
Challenges and lessons learned Introducing any new system brings its own challenges and the introduction of the Electronic Committee Pack
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System was no different. The Assembly needed to ensure that the system was easy for both staff and Members to use. One way in which it was addressed, along with the “fear” of moving away from paper, was to provide one-to-one training in the initial rollout stages, with expert in-house support available at all times. Other considerations were to ensure that Members’ personal devices could be facilitated by the new system and that robust contingency procedures were developed and implemented. Utilizing the full potential of technology With the Electronic Committee Pack system’s success, and with a “Digital First” Strategy in place, the Assembly is continuing to improve the amount of information that can be accessed by Members on their tablet devices. The Information Systems Office is currently enhancing the system to allow access to committee papers relating to Assembly legislation and committee inquiries. Another project will provide Members with the ability to remotely table Motions and Amendments to Plenary debates. The new system, delivered on the tablet devices, will allow Members to table and track Assembly Questions and Answers and to submit their names for selection to ask Oral or Topical Questions. Members’ staff will have immediate electronic access to written answers and can receive automated alerts when answers are due or overdue. While the Assembly’s Information Systems Office has been devising systems that will make it easier for Members to carry out their rules, they have not forgotten about the public and their important role in scrutinizing the devolved Legislature. More people than ever are using computer/ tablet-based forms of communication with their elected representatives, including the use of social media. The Assembly has proactively encouraged this, both by using Assembly Facebook and Twitter accounts to communicate,
and by working with individual Committees to publicise their inquiries and Committee sponsored events. To facilitate this, the Information Systems Office has developed an online portal on the Assembly website to provide the public with access to Assembly procedural information in a user-friendly way. The portal allows visitors to browse and search for a range of information on current and former Members, Plenary business, votes, Assembly questions and answers, Committees and their work, and a subject-based search facility. The system also allows for easy access to real-time procedural information – for example voting results from Assembly Divisions are available to the public within six seconds of the result being announced in the Assembly Chamber. This service has received a very positive response from local journalists and media outlets. The portal also provides a vastly improved flexible search tool that allows people to search the AIMS subject index. This index is based on one inherited from the UK Parliament POLIS and PIMS systems and contains some 30,000 subject terms. Assembly Library staff have a dedicated team that looks at all procedural content on the AIMS system and tags items according to the standard terms contained within the AIMS index. This is specialized work, but the Assembly feels that although resource intensive, it offers an easy way for people to search across the entire range of Assembly procedural outputs. Assembly Open Data project One project, in which the Northern Ireland Assembly is leading the way is the Assembly Open Data Project which was launched by the Speaker, Mr William Hay, MLA, in May 2012. The project allows data on the work of the Assembly and its Committees to be published in its raw form, increasing the ways in which the data can be used. Data can be accessed under the Open Northern Ireland Assembly Licence where both
individuals and organizations, such as charities, the media and political strategists, are free to copy, publish, distribute and transmit Assembly information. This information is updated and disseminated in real time. Organizations can exploit the information commercially, for
would be meaningful and useful, the Assembly worked with a number of stakeholders when identifying the services that would be provided. Some of these stakeholders included Northern Ireland Executive Departments, parliamentary monitoring organizations, charitable sector groups and political strategists/
example, by combining it with other information, or by including it in their own products or applications. The Assembly used the UK Open Parliament Licence as the basis for developing its licence and had some very useful input from the National Archives, also involving the Assembly’s Legal Services Team and Information Standards Officer. In order to ensure that the data
lobbyists, as well as various interested bloggers. These groups continue to provide the Assembly with feedback so that the services can be improved. The Open Data service increases the Assembly’s openness and transparency, which in turn reduces the number of Freedom of Information requests being received. In the future the Assembly plans to expand the data services
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to include Official Report (Hansard) debates, a Register of Members Interests and the publication of Members’ expenses. We will also provide practical examples of how to consume and re-purpose Assembly data, and discussions are currently ongoing with the NI Civil Service and other public bodies to provide more
Committees, which have held evidence sessions from remote locations, using Skype technology. This has now led to a project which will access the feasibility of extending this to all Statutory Committees. The Assembly also feels that if it is to engage with younger people and broader audiences, it may be useful
re-purposing this information in an easy-to-access way via its website. Close collaboration between technical staff and web publishers means we can provide a streamlined response to demands for new and improved web-based services. This has already provided easier navigation for the general public who do not necessarily
A typical Electronic Committee Pack as displayed on the Windows 8 tablet device
linked data services, facilitating joinedup government data publishing. We have begun early discussions with local broadcasters to provide bespoke data services and information for the forthcoming Assembly elections. Broadening access through technology Another use of new technology has been trialed by Assembly
to encourage and accept evidence or submissions via new technologies such as Vine and Instagram. Making information accessible The AIMS system provides a complete historical record of Assembly Membership and proceedings in a single place. As mentioned earlier, the Assembly has been proactive in
have a full understanding of Assembly procedure. However, there is more that can be done and will be done to improve access and transparency. The Assembly is striving to ensure that its information is easily understood and, wherever possible, uses the standards of Plain English. Based on the number and type of Freedom of Information
requests, the Assembly has moved to placing more information online, such as MLA salaries and expenses. Through initiatives such as “Assembly Community Connect” the Assembly’s Outreach Service has been very active in promoting improved understanding and access to information on the Assembly particularly amongst those sections of the community most difficult to reach. Future developments The Assembly continues to introduce new ways of exploiting the available technology. One idea, brought forward by the Clerks of Committees is the possibility of providing a modified Committee pack to accompany the agenda published on the Assembly website and linked to from the live video stream. This would open up the Committee’s activities to anyone interested in the way the Assembly carries out its responsibilities. The Information Systems Office is also continuing to engage with an ever wider group of stakeholders, by attending external events such as ‘Hackathons’ for software developers and designers and researching how the use of geotagging and location information could provide valuable data for the public, politicians and research staff. The technological innovations available to the Assembly are changing and developing every day. We are determined to use them to improve both the way that the Assembly carries out its work and the way that we interact with all of our citizens.
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Ceremony and Ritual in the Indian Parliament Ceremonies and rituals that take place in the Parliament of India signify the acceptance of authority and regard for democratic institutions by the society. Through ceremonial spectacles, formal and informal rules and rituals, art and architecture, political and social hierarchies operate within political institutions such as Parliaments. The Director of the Lok Sabha Secretariat discusses the ceremonies and rituals that have evolved in the Indian Parliament, and the importance of different parliamentary ceremonies and rituals to the everyday working of the institution and its Members.
Shri Ravindra Garimella
Mr Garimella is the Director of the Lok Sabha Secretariat. The article is based on a paper that was compiled in consultation with Professor Shirin M. Rai from the University of Warwick and Dr Carole Spary from the University of York.
Shri Ravindra Garimella
Introduction Much has been written about the functions of law-making, of representation and government policy-making associated with the Indian Parliament. Citizens also encounter Parliament through its ceremonies and rituals, such as the President’s address, debates in Parliament and voting on Bills in the House. This has been made possible through television, newspapers and magazines, which in turn has helped to form the opinions of citizens about
their representatives. Therefore, if these ceremonies and rituals are undermined through disruptions in Parliament, its reputation suffers as a consequence. Parliaments are evolving, and seek to be representative not only through its institutional form but also through the processes through which particular forms take shape. These include: modes of behaviour; negotiating political and physical spaces and creating institution specific cultures which socialize Members in their participation; and through examining the performance of parliamentary ceremonies and rituals. Through these forms, parliamentary institutions create and maintain powerful symbols of democracy and power. Institutional disciplining is also challenged – by the refusal to participate, by subversion of norms or by rejection of rules. In Parliaments opening ceremonies, the performance of the Speaker and moments of disruptive behaviour point to how institutional norms
are reproduced, maintained and challenged. Ceremonies and rituals are inextricably linked with these processes. They create new traditions, serve the purpose of marking an occasion and celebrating an event for people to revere and regard. Ceremonies and rituals draw people’s attention to the symbols of authority that convey a sense of security and belonging among people. Occasions of grandeur, festivities and traditions associated with institutions of authority underwrite such feelings of belonging. They also have a phenomenal impact in reinforcing the status of our democratic and representative institutions. Ceremonies in Parliament Ceremony is often defined as “the formal activities conducted on some solemn or important public or state occasion...” making the formal occasion important to the performance. (Kertzer, 1988: 9). Certain ceremonies are associated with the President’s
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©Wikimedia Commons
INDIA: CEREMONY AND RITUALS
©Wikimedia Commons
INDIA: CEREMONY AND RITUALS
US President Barack Obama addressing a Joint Session of both houses in Central Hall in the Parliament of India in 2010
Address, which carry with them a measure of fanfare. On the day of President’s Address, the President arrives in a cavalcade, comprising of mounted horsemen as escorts from the official home of the President, Rashtrapati Bhavan, to Parliament. The President arrives at Parliament House attended by his Secretary and Military Secretary and escorted by bodyguards. When the President alights from the coach or car at Parliament House, the bodyguards
give the national salute and the President is received at the gate by the Vice-President of India who is an ex-officio Chairman of the Upper House, the Rajya Sabha, as well as the Prime Minister, the Speaker of the Lok Sabha (Lower House), the Minister of Parliamentary Affairs and Secretaries General of the two Houses. The President then proceeds in a ceremonial procession to the Central Hall. The presidential procession
enters Central Hall amidst a fanfare of trumpets. The President takes their seat on the dais in the Central Hall along with the Vice-President and Speaker of the Lok Sabha. All stand as the National Anthem is played by the ceremonial band, and thereafter the President reads the Address. The President may read the Address either in Hindi or English; the other version is read by the Vice-President. The ceremonies associated
with the Presidential Address have become a part of India’s rich parliamentary heritage. Whenever one speaks of the Budget session they instinctively relate to the President’s Address and ceremonies attached to it. So is the case with first sitting of a new Lok Sabha. Utmost solemnity is observed during the entire ceremony. However, on two occasions, one in 1963 and the other in 1971, following disorderly conduct during the
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All part of the ceremony: The mounted horsemen that escort the President to deliver his/her Address
President’s Address to both Houses of Parliament, ad hoc Committees were appointed to investigate the conduct of Members in connection with the disorder created. In 1963, the Speaker of the Lok Sabha nominated a Committee to investigate the behaviour of the five Members at the centre of the disorderly conduct at the time of the President’s Address. Consequently, their report outlined certain norms of conduct for Members during the President’s Address. The Committee’s report of the second incident in 1971 formulated guidelines for the conduct of Members and maintenance of order, dignity and decorum on the occasion of the President’s Address to the House(s) of Parliament under articles 86 or 87 of the constitution. In an unanimous Resolution adopted at
the Golden Jubilee Commemorative Session of the Lok Sabha on 1 September 1997, it was inter alia resolved that efforts to interrupt or interfere with the President’s Address should invariably be stopped (see Appendix I). Election of Speaker of the Lok Sabha The institution of Speaker or President (as the Speaker was called until 1947) dates back to 1921 when the Central Legislative Assembly was constituted for the first time under the Montague-Chelmsford reforms. The first Speaker was Sir Frederick Whyte, who was appointed by the British colonial government. The first Indian Speaker, Vithalbhai Patel, was elected in 1925 and defeated the candidate supported by the
British colonial government. In India, the Presiding Officers more or less follow the traditions and conventions established by the Speakers of the British House of Commons. The Speaker is elected by Members of the Lok Sabha usually on the third day of a new Parliament following a general election and subsequent to Members having taken their oaths and made their affirmations, presided over by the Speaker Pro tem. Prior to the Speaker’s election, discussions take place among parties over suitable candidates. It is customarily considered to be the ruling party’s prerogative to choose the Speaker and the prerogative of the Opposition to choose the Deputy Speaker, although this is not always followed in practice. Nominations are filed prior
to the election. Members of the Lok Sabha, usually party leaders, move their motions for an election based on the nominations they have filed. If parties agree on a candidate, they will move more than one motion in favour of the same candidate. In the past, Members have commented that co-operation between parties and a unanimous election of a Speaker is desirable. The chamber has witnessed disorderly scenes in the past when it was perceived that there was a lack of consultation between the government and opposition parties. A notable difference between the practice in Westminster and the practice in India is that there are no “hustings” in India. Candidates for the role of Speaker do not make speeches in the chamber of the Lok
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Speaker by the Prime Minister, Leader of Opposition and leaders of all parties in the House. This is followed by the Address of the newly elected Speaker.
Sabha to persuade Members to vote for them; only the candidate elected makes a speech which follows in response to congratulatory speeches made by other MPs. Immediately after the result of election is declared, the Prime Minister and Leader of the Opposition go to the seat of the Speaker-elect, bow to him/her and lead the Speaker-elect to the chair. This ceremony owes its origin to a similar practice developed in the U.K. House of Commons.1 The ceremony of Prime Minister, Leader of Opposition going to the Speaker on his/her election, bowing to him/her and leading the Speaker to his/her Chair is indicative of the high regard in which the office of Speaker is held in Parliament. Once the Speaker assumes the Speaker’s Chair, salutations are made to the
Oath and affirmation The first two days of the first session of a new Lok Sabha – after a General Election – are devoted to Members taking an oath of office (made in the name of God) or making an affirmation (made in the name of Constitution of India). The first two days are presided over by the Speaker Pro tem who is appointed by the President of India. Generally, the senior most Member of the Lok Sabha is appointed as Speaker Pro tem. A podium is placed on the right hand side of Table of the House (on the side of the Treasury Benches) for the newly elected Members to take oath or make an affirmation. Names of Members are called by the Secretary General, to which the Member comes to the Table of the House and shows their certificate of election (in original) to the Officer at the Table. Members are then given the oath/affirmation text in the language that they have requested, proceed to take their oath/ make their affirmation. The Member then shakes hands with the Speaker Pro tem, walks behind the Speaker’s chair to reach the other side of the Table (the opposition side) and sits at the Table to sign the Roll of Members, before returning to his/her seat in the House. The entire process has a great significance and importance for a newly-elected Member since it is the first requisite stage of induction into Parliament. The ceremony of taking an oath/making an affirmation has symbolic as well as practical significance. It is a constitutional requirement as well as a duty for all newly-elected Members. In constitutional as well as functional terms it symbolizes the transition of a newly or re-elected Member into a Member of the new Parliament. Members often talk with pride and humility about the oath/ affirmation ceremony. Members
often take the oath or affirmation in a regional language, as it symbolizes representation of a particular linguistic community. In practical terms it is only after taking oath/making affirmation that a Member can sign the attendance register and participate in the proceedings of the House. In terms of the provisions outlined in Article 100 of the constitution, a Member who remains absent for 60 days without leave of absence loses their Membership. A Member can, however, register their presence only after they are sworn in. All these factors seek to underscore the critical importance of the swearing-in ceremony for Members. Ceremonial practices While some ceremonies and ceremonial practices associated with the office of Speaker and the Table of the House were adopted and adapted to the Indian ethos,
“Members often take the oath or affirmation in a regional language, as it symbolizes representation of a particular linguistic community.” not all ceremonies which originated from the House of Commons were adopted by the Indian Parliament. Those that were continued from the colonial period include leading the Speaker on his/her election to the Chair, and those discontinued included the wearing of the robe and wig by the Speaker, and wearing of the robe by the Clerk of the House. Even before Independence in 1946, Shri Mavalankar refused to wear the wig when he was elected as the last President of the Central Legislative Assembly. A dress code exists for the Secretary General of the Lok Sabha and other officers at the Table as well as parliamentary reporters.2 This
entails buttoned up coats/tunics/ achkans and matching trousers, which is the traditional Indian dress. Similarly there is also a dress code for Marshals and chamber attendants. Functions in Central Hall The grand Central Hall of Parliament has always been the natural choice for important parliamentary events. Ceremonial functions are held in the Central Hall for not only welcoming visiting Heads of States and other dignitaries, but also for special conferences like celebrating the Golden Jubilee of Parliament, and the Hiren Mukherjee memorial lectures.3 Other occasions include the rare address to the joint Houses by Heads of States, such as by U.S. President Barrack Obama in 2010. Other functions include the celebrations for the 60th Anniversary of the Lok Sabha, which took place on 13 May 2012; the farewell to outgoing President Smt. Pratibha Devi Patil on 23 July 2012 and the Oath ceremony of newly-elected President, Shri Pranab Mukherjee on 25 July 2012. Rituals in Parliament “Ritual provides one of the means by which people participate in… dramas and thus see themselves as playing certain roles…it also provokes an emotional response.” (Kertzer, 1988:11). There are certain courtesies which are traditionally observed in Parliament. One such courtesy is the Marshal announcing the arrival of the Speaker in Lok Sabha. The Members stand and bow to the Speaker/ Presiding Officer as they enter the Lok Sabha Chamber, before taking their seats. This is also done before leaving the Chamber. A Member can only speak when he/she catches the eye of the Speaker, and they address the Speaker or Presiding Officer as ‘Mr Speaker/Madam Speaker’. Members should be present in the House a few minutes before the scheduled time of commencement of sitting, and should keep to his /her usual seat while addressing the House. These ritual courtesies became so
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©Mukesh Kumar
Left: The former Speaker of the Lok Sabha, Smt. Meira Kumar, paying floral tributes at the portrait of former Prime Minister, Shri Chandra Shekhar in Central Hall; Right: A grand statue of Mahatma Gandhi sits opposite Parliament House in Delhi
Conduct of Business of Lok Sabha” 2010, pp 131-136). These instances are not exhaustive but illustrative, to show the importance of ritual practices in the everyday working of the Parliament. They also show how, when rituals are performed over a period of time (performed rituals), they become formalized into institutional rules and procedures (procedural rituals). Rituals as Rules Parliamentary rituals are acts of courtesy, regard and norms of etiquette. The Do’s and Don’ts, or the standards of behaviour which are expected in the Houses of Parliament, emanate from rituals which are observed in Parliament by way of tradition. Rituals are both formal and informal.
integral to parliamentary tradition, they were incorporated in the Rules of
Procedure of the House governing the norms of etiquette and standards
(Rules 349, 350, 351, 352, 355 and 361 of the “Rules of Procedure and
Floral tributes Under the direction of the Speaker of the Tenth Lok Sabha, the ritual of offering floral tributes at the portraits
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developed into a healthy everyday ritual practice.
of dignitaries on their birthday has taken place since 1992. This takes place in the Central Hall, at around 10.30am so that the there is no interruption to the session in the House. These rituals of recent origin are observed in a more or less informal manner, which interestingly lends credence and an emotive feel to these functions. Members of the party of the dignitary who is being honoured, as well as Members from other parties attend the event. A floral garland adorns the portrait, and the Speaker and other senior Members place flowers at the table under the portrait. References by the Speaker References are made by the Speaker of the Lok Sabha to commemorate landmark events, solemn occasions, congratulatory references etc. The Speaker also makes valedictory references on the last day of a session highlighting business transacted by the House during
the session. Similarly it is the usual practice for the Speaker to make valedictory reference on the last day of the last session of the Lok Sabha. This making of references by the Speaker has become a formalized procedural element of the Speaker’s role. References made by the Speaker in Lok Sabha carry immense significance because these are construed to indicate the sense of the nation on the subject on which reference is made. An area of convergence Central Hall has also emerged as a convergence point for Ministers, Members and at times even Chief Ministers. Former Members, media persons etc also congregate here for informal talks. On many an occasion such talks facilitate amicable resolution of issues .This has of late evolved as some kind of tacit tradition. There is something warm, positive and in some manner democratic in this convergence. It has since
Gandhi statue A majestic statue of Mahatma Gandhi was installed on 2 October 1993 opposite Gate no. 1 of Parliament House. The statue is 16 feet in height and was unveiled by Shri Shankar Dayal Sharma, the then President of India. The statue of Mahatma Gandhi sitting in an introspective posture inspires such awe that many State Legislatures have also followed suit in installing Gandhi statues in front of various Assembly House precincts. Of late, Members of Parliament particularly those belonging to opposition parties have on occasions started sitting in front of the Gandhi statue while protesting on certain issues before commencement of the sitting of the day. Gradually, a ritual has developed that Members protest and sit in front of the Gandhi statue. Provisions of Direction 124A of the Directions by the Speaker insist that for any sit-in protest in the precincts of Parliament House, prior permission is required. Such protests are made in front of Gandhi statue for its powerful symbolism. This also has emerged as an innovative ritual peculiar to the psyche of democratic polity in India.
The ceremonies and rituals that get institutionalised tend to signify the acceptance of authority of the institutions among its Members, as well as the reception of its work. In a democratic polity it is the acceptance and regard for representative institutions such as Parliament/ Legislatures by the society which is of utmost importance for the successful working of a democracy. It is in such a scenario that ceremonies and rituals in Parliament assume significance. These in fact blend into our heritage. Disturbance or disruption of these alerts others to the health of the institution – where the reporting of such instances in the media can damage the reputation of Parliament. Hence, the importance of having awareness of the ceremonies and ritual of our Parliament should not be viewed upon as “optional extras” but as an essential part of institutional life. Endnotes 1. In the nascent stages of democracy in England, there had been instances of beheading of some Speakers on the diktats from the Crown. Ever since a practice has emerged by way of reassurance from all sections of the House of regard which they had for the Speaker and their concern for his well being, to escort Speaker to his Chair on his election. The Speaker feigns reluctance to take up the office because of
Conclusion Ceremony and ritual has a potent hold on our imaginations, something that is reflected in our formal and informal practices. Ceremonies are repeated to give affect; we come to expect certain ways of doing things as appropriate and others not. Ceremonies are also aesthetic events – care is taken with decorating spaces, places and offering floral tributes. Everyday rituals also evolve and take root – not always in a grand or formal way, but in informal and everyday methods of working in Parliament. The article has outlined various examples of how rituals are introduced, take root and are supported by Members and officers of Parliament.
its history and is symbolically ‘dragged’ to the Speaker’s chair. 2. In the House of Commons Hansard reporters are seated in the Gallery behind the Speaker’s chair. The reason being it was formerly a tradition in House of Commons that no taking of notes be taken in the view of the Speaker. While there has been some easing on this position the tradition nevertheless continues. In Lok Sabha ,however, parliamentary reporters are seated at the Table around the arc towards the end of the Table of the House. 3. Some of the illustrative instances are: Hiren Mukherjee Memorial Lectures, inaugural memorial lecture delivered by Prof. Amartya Sen on 11 August 2008; Second lecture by Prof. Mohd. Yunnus on 9 December 2009; Third lecture by Prof. Jagdish Bhagwati on 2 December 2010; Fourth lecture delivered by H.E. Lyonchhen Jigmy Y. Thinley, Prime Minister of Bhutan on 20 December 2011.
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IPCC: CLIMATE CHANGE
The Intergovernmental Panel on Climate Change The Intergovernmental Panel on Climate Change (IPCC) produces reports that support the main international treaty on climate change, the United Nations Framework Convention on Climate Change (UNFCCC). To date, the Panel has so far produced four assessment reports, and will finalize its Fifth Assessment Report (AR5) in October this year. The following is a brief summary of the Working Reports that comprise the Fifth Assessment Report.
The Editor
The Intergovernmental Panel on Climate Change (IPCC) was founded in 1988 by request of member governments of the United Nations. It is a scientific intergovernmental body under the auspices of the United Nations. It was set up by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP) to assess climate change and its impact worldwide, hereby formulating adequate response strategies. Since 1990, the IPCC has published four comprehensive assessment reports, covering topics such as climate science, the impact of climate change worldwide, adaptation, vulnerability and mitigation strategies. Assessments consist of three Working Group Reports plus a Synthesis Report. The latter summarizes the materials of the three Working Group Reports as well as special reports. It presents the information in a non-technical style suitable for policymakers. This year two Working Reports have been released on the impact of climate change, adaption strategies
and vulnerability (Working Group Report II) and the mitigation of climate change (Working Group Report III). They were preceded by a report on the physical science basis of climate change, published in 2013 (Working Group Report I). While Working Report I confirmed that it is extremely likely that human activity has been the dominant cause for global warming since the mid-20th century, Working Report II details the impacts of climate change to date and confirms that its effects are occurring in all continents and across all oceans. The most recently released report, the Working Group Report III, asserts that global emissions of greenhouse gases have risen despite growing policy efforts to reduce climate change. In fact, emissions grew more quickly between 2000 and 2010 than in each of the three previous decades. This implies that if a dangerous rise in temperature is to be prevented, business as usual cannot prevail.1 The report states that an increase in global temperature rise can be limited to 2°C above pre-industrial levels. This can be achieved by
lowering global greenhouse gas emissions by 40 to 70 per cent – compared with emissions of 2010 – by mid-century and near-zero by the end of this century. This could be effected by investing into a wide array of technological measures. These include quadrupling low-carbon energy from renewable resources by 2050 as well as enhancing energy efficiency, which could give humanity more flexibility in deploying a wide range of techniques to cope with the reduction of greenhouse gases. Other options include the use of nuclear power, bioenergy and fossil energy, however not without relying on carbon capture and storage, a developing technology that buries carbon dioxide but carries risks. Estimations of costs for mitigation vary. In business-as-usual scenarios, the report dismisses fears that drastically reducing emissions would inhibit global economic growth. In fact, global growth would only divert 0.06 per cent from expected global growth rates of 1.3 to 3 per cent, if the recommendations of the IPCC would materialize.2 This figure does not
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IPCC: CLIMATE CHANGE
In order to reduce greenhouse gas emissions (top) and lower the global temperature rise, technological measures such as using fossil fuel (below left) and bioenergy (below right) could be utilized to effect change
include the economic benefits gained from reducing the impact of climate change. Investments in adaption and mitigation measures could not only mean a welcome stimulus for local economies, but it would also divert the increasing costs of developing coping technologies at a later stage to curb the devastating effects of loss of livelihoods and food crises. In fact, when looking at the food production sector more closely, it becomes evident that farming and forestry are currently contributing 24 per cent of the total emissions of greenhouse gases, and hence accelerating potential food shortages.3 Climate change already poses a growing threat of conflict in the Arctic. A report by former US military officers
stated that the prospect of an ice-free Arctic had set off fierce competition for shipping lanes and access to oil.4 If current human behaviour remains unchanged, humans are likely to experience an increase in global temperature above 2°C, which in turn, makes the occurrence and duration of heatwaves more probable. As the Earth becomes warmer, rainfall in wet regions is due to increase, while a decrease in dry regions is likely to be observed. This will lead to food shortages and loss of livelihoods, which in turn might provoke war and mass migration.5 Policymakers are of particular importance in order to champion institutional change, channelling public funds into the right technologies and social practices through legislation
and public outreach. Hence, all three Working Group Reports have been released in a shorter and simplified version so they can be digested by legislators. The synthesis report of all three Reports will be released after consideration in Copenhagen, Denmark taking place from 27 to 31 October this year.
affordable”. The Guardian, accessed 14 May 2014, http://www.theguardian.com/environment/2014/apr/13/averting-climate-changecatastrophe-is-affordable-says-ipcc-report-un 3. Thomson Reuters Foundation, “Great opportunities’ in agriculture, forestry to mitigate climate change”: IPCC Chair. Accessed 14 May 2014, http://www.trust.org/ item/20140512024054-em845/ 4. Goldenberg, S. 2014: “Climate change
To access full copies of the Working Reports or previous Assessment Reports, please visit: www.ipcc.ch
poses growing threat of conflict in the Arctic, report finds”. The Guardian, accessed 14 May 2014, http://www.theguardian.com/environment/2014/may/14/climate-change-arctic-
Endnotes
security-threat-report 5. World Bank News, 2014, IPCC Chair:
1. IPPC Media Center 2014, IPCC, accessed
“Delaying Climate Action Raises the
14 May 2014: http://www.ipcc.ch/news_and_
Risks and Costs”, accessed 14 May 2014,
events/press_information.shtml.
http://www.worldbank.org/en/news/fea-
2. Carrington, D., 2014: “IPCC climate change
ture/2014/04/21/ipcc-chair-delaying-climate-
report: averting the catastrophe is eminently
action-raises-risks-costs
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A CPA Publication: Following the Money Available to Members and Officials of the CPA for purchase from the CPA Secretariat.
Also available to members of the public from booksellers
SUITE 700, 7 MILLBANK, LONDON SW1P 3JA p: (+44 20) 7799 1460 | f: (+44 20) 7222 6073 e: hq.sec@cpahq.org WWW.CPAHQ.ORG
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Parliamentary Report
NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS BRITISH COLUMBIA: Agricultural Land Commission Amendment Act, 2014 Page 203
AUSTRALIA: Carbon Energy Legislation (Carbon Tax Repeal) Act 2014 Page 207
INDIA: The Andhra Pradesh Re-Organisation Act, 2014 Page 209
NEW ZEALAND: Te Urewera Bill Page 214
HOUSE RISES FOR SEPTEMBER ELECTION LOW VOTER TURNOUT AT CANADIAN FEDERAL BY-ELECTIONS
Page 212
“HARSH” SAVINGS MEASURES IN AUSTRALIAN BUDGET
MARKING THE SIXTEENTH LOK SABHA
Page 205
Page 209
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PARLIAMENTARY REPORT
CANADA
low voter turnout at canadian federal by-elections On 30 June, four federal by-elections took place. Two of them were in Alberta ridings won by the Conservative Party in the last four general elections (2004, 2006, 2008 and 2011). The other two were in Toronto, Ontario, where the Liberal Party won the riding of Scarborough—Agincourt in the past four elections and the New Democratic Party (NDP) won the riding of Trinity—Spadina in the past three elections, after the Liberal Party took it in 2004. In the by-elections, the Conservative Party retained its two seats in Alberta and the Liberal Party won both seats in Toronto. In terms of the parties’ share of the vote, there were some notable shifts. In Alberta, the Conservative Party share in the riding of Macleod fell from 77.5 per cent in 2011 to 68.8 per cent. In the riding of Fort McMurray— Athabasca, it decreased from 71.8 per cent in 2011 to 46.8 per cent, while the Liberal Party share went from 10.4 per cent to 35.3 per cent. In the Toronto riding of Trinity— Spadina, the NDP share of the vote fell from 54.5 per cent in 2011 to 34.1 per cent, while the Liberal Party share went from 23.4 per cent to 53.7 per cent. In the riding of Scarborough—Agincourt, the Liberal Party increased its share of the vote from 45.4 per cent in 2011 to 59.3 per cent. Despite the results voter turnout was extremely low. The by-elections were held on a Monday, the day before Canada Day (a national holiday), and many people were more likely enjoying
Disappointing voter turnout in the riding of Fort McMurray—Athabasca
the warm summer weather than preferring to head inside and vote. In the riding of Fort McMurray— Athabasca, turnout was a mere 15.2 per cent, and in Macleod it was 19.6 per cent. In the Toronto ridings, turnout was higher, yet was still only in the 30 per cent range. On a related issue, the Ontario Superior Court, in May, regarded unconstitutional the provisions of the Canada Elections Act under which citizens who had not lived in Canada for over five years were not entitled to vote. When the by-elections were called, Elections Canada announced it would no longer enforce these provisions. The federal government announced that it would appeal the ruling and asked for it to be stayed, but the request was denied by the Ontario Court of Appeal. Legislation Prior to the summer adjournment of Parliament on 20 June, over a dozen bills received Royal
Assent. As reported in 2014: Issue Two of The Parliamentarian, Bill C-23, the Fair Elections Act, had been the subject of a number of amendments in the House of Commons. On 12 June, the Senate passed the Bill without further amendments and it went on to receive Royal Assent. Another Bill to receive Royal Assent was Bill C-31, the Economic Action Plan 2014 Act, No. 1, also known as the budget implementation act. It contained measures on a wide range of issues, including international treaties on trademarks, programmes for immigrants and the rules governing the transportation of beer and spirits between provinces. While the Bill was in the Senate, the Committee on National Finance and five other committees examined sections of the Bill. Bill C-24, the Strengthening Canadian Citizenship Act, also received Royal Assent. This Bill addressed the issue of the
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CANADA so-called “lost Canadians”, people who, for various legal reasons, had lost their citizenship or never obtained it in the first place. The Bill also streamlined the approval process for citizenship applications, specified the residency requirements for those seeking Canadian citizenship and increased the penalties for fraud and misrepresentation. The Bill also provided for the revoking of citizenship from dual nationals who are convicted of terrorism, high treason or spying. Shortly after the Bill’s passage, a court challenge was launched against the provisions for revoking citizenship. As reported in Issue One: 2014 of The Parliamentarian, in December 2013, the Supreme Court of Canada struck down Canada’s prostitution laws and gave Parliament a year to come up with a new approach. In June, Hon. Peter MacKay, MP, Minister of Justice, introduced new legislation, Bill C-36, the Protection of Communities and Exploited Persons Act. This Bill proposed a new approach that would criminalize the purchase of sexual services. It would also
Hon. Peter Mackay, MP
prohibit advertising the sale of others’ sexual services in print or online and communicating for the purpose of selling sexual services in places where children could be present. In early July, the House of Commons Committee on Justice and Human Rights held four days
of hearings on the Bill, during which it heard from about 80 witnesses. In response to some
Hon. Thomas Mulcair, MP
of the witnesses’ concerns, the government proposed several amendments. One of them changed the prohibition from selling sex in any place where children could be present, to a prohibition from selling sex next to a school ground, playground or daycare centre. In June, meanwhile, the Supreme Court issued another decision that may have an impact on two Bills currently before Parliament: Bill C-13, the Protecting Canadians from Online Crime Act, and Bill S-4, the Digital Privacy Act. In its ruling, the Supreme Court said police need to obtain a warrant before asking Internet service providers to disclose their subscribers’ information. However, both Bills contain provisions on the disclosure of subscriber information without a warrant. Committee reports As is often the case, a number of parliamentary committees tabled reports in the weeks leading up to the summer adjournment. In the Senate, the Committee on Agriculture and Forestry tabled a report on innovation in agriculture. The Committee on National Security and Defence tabled reports on ballistic missile defence and on the transition to civilian life of veterans. In the
House of Commons, over a dozen substantive reports were tabled on a variety of topics, including: • the Canadian music industry; • water quality in the Great Lakes; • youth employment; • the conflict in Syria;
• open data; • Aboriginal persons in the workforce; and • Rail safety. Spending by the Official Opposition On 15 May, the Leader of the Official Opposition, Hon. Thomas
THIRD READING: BRITISH COLUMBIA Agricultural Land Commission Amendment Act, 2014 In 1973, the Agricultural Land Commission was established as an independent agency with a mandate to preserve British Columbia’s agricultural land, through the adoption of the Land Commission Act. On 27 March 2014, acting on the findings of its “core review” to improve efficiency and reduce costs of all programmes, the government introduced Bill 24, Agricultural Land Commission Amendment Act, 2014. The Bill’s provisions would: establish six panel regions consolidated within two zones in order to increase the Commission’s attention to regional considerations related to the preservation of agricultural land; increase the minimum size of the Commission from at least seven to at least 13 individuals, and provide for the appointment of six Vice Chairs, each of whom must be resident in a different panel region, to expand regional representation on the Commission; and strengthen transparency and accountability for Commission decisions. During debate on the Bill, opposition and independent Members expressed concerns that it could reduce the protection of agricultural land. On 27 May the House adopted, on division, a government motion providing for time allocation of the Bill. Several government amendments to Bill 24 were adopted during
Committee stage debate on 29 May, which addressed some of the concerns expressed by opposition Members. These included more detailed considerations for Commission decisions on land use, and additional measures to ensure the Commission’s independence. Bill 24 received Royal Assent on the final day of the spring sitting, on 29 May 2014. Water Sustainability Act British Columbia’s Water Act was adopted as the province’s primary water law in 1909. In 2009, the government launched consultations with the public, First Nations, and stakeholders on ways to modernize the century-old statutory framework for water. On 11 March, the government introduced Bill 18, the Water Sustainability Act, with the objectives of providing greater certainty and efficiency for water use in the face of growing water demands, improving environmental protection, and increasing responsiveness to local needs. The Bill consolidates water regulation provisions from other statutes, adds groundwater to the water licencing system, provides new regulatory powers for water sustainability plans, and requires that water objectives and environmental flow be considered in decisionmaking. The Bill also received Royal Assent on 29 May 29 2014.
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PARLIAMENTARY REPORT
Mulcair, MP, appeared before the House of Commons Committee on Procedure and House Affairs to answer questions about the use of House of Commons resources for partisan purposes by the Official Opposition. In particular, Mr Mulcair was asked about offices the New Democratic Party (NDP) set up in Montréal and Toronto in 2011 and that housed both parliamentary and political staff. In April 2014, the Board of Internal Economy (BOIE), the governing body of the House of Commons, changed the rules about the sharing of work space by parliamentary and
Mr Peter Julian, MP
political staff and the offices were closed. During the Committee hearing, Mr Mulcair was also asked about the use of the House of Commons’ free mailing privileges to send mailings to people in ridings just prior to the by-elections of November 2013. In June 2014, the BOIE decided that because these mailings were to advance electoral purposes, they were in contravention of the by-laws under the Parliament of Canada Act. Consequently, the BOIE asked 23 NDP Members to reimburse a total of $36,309 – the costs of the mailings to the House of Commons. The BOIE also communicated its decision to Transport Canada, the department responsible for Canada Post, because it pays
CANADA the costs of Members’ mailing privileges. The cost of the free mailings amounted to about $1.13 million, and Minister of Transport, Hon. Lisa Raitt, MP, said she expected the NDP to reimburse this amount. Speaker’s ruling On a matter related to Mr Mulcair’s appearance before the Committee on Procedure and House Affairs, his appearance was as a result of a motion adopted by the House instructing the Committee to consider the matter of the improper use of House resources and to order the Leader of the Official Opposition to appear. This motion was adopted pursuant to Standing Order 56.1, which normally deals with routine motions. On 16 May, the day after Mr Mulcair’s appearance, the House Leader of the Official Opposition, Mr Peter Julian, MP, raised a point of order questioning whether the motion should have been deemed inadmissible. In his ruling on 12 June, Speaker Hon. Andrew Scheer, MP, said that though the House has the power to give instructions to committees, S.O. 56.1 is not intended for that purpose. He said
Mr Andrew Scheer, MP
he would been inclined to rule the motion out of order, but that by the time the Official Opposition raised objections, the instructions in the motion had already been carried out.
The Speaker pointed out that he allows motions about which he might have reservations to go forward unless objections are raised in a timely manner. Ontario provincial election On 12 June, an election was held for the Legislative Assembly of Ontario, Canada’s largest and most populous province. Premier Hon. Kathleen Wynne, MPP,
Hon. Kathleen Wynne, MPP
who had succeeded Dalton McGuinty as leader of the Liberal Party in January 2013, called the election on 2 May after NDP leader Andrea Horwath, MPP, announced that her party had lost trust in the minority Liberal government and would vote with the Progressive Conservative (PC) Party to defeat the government’s budget. At dissolution, the Liberals had 48 seats in the 107-seat Legislative Assembly, the PCs 37 and the NDP 21; there was one vacancy. During the campaign, PC leader Mr Tim Hudak, MPP, campaigned on an austerity platform to address Ontario’s $269-billion debt, while promising to create one million jobs over the next eight years. Ms Horwath promised to create jobs, reduce energy costs for families and improve government accountability. For her part, Ms Wynne promised to, among other things, invest in job creation and infrastructure and create a provincial pension
Ms Andrea Horwath, MPP
plan, while eliminating the deficit (currently $11.3 billion) by 2018. Pre-election opinion surveys varied considerably, but the race was generally assumed to be a close one between the Liberals and the PCs. On Election Day, to the surprise of many, Ms Wynne led the Liberals to a fourth consecutive mandate, winning a majority of the seats. The Liberals took 58 seats, the PCs were reduced to 28 seats and the NDP remained steady at 21 seats. Ms Wynne became Ontario’s
Mr Tim Hudak, MPP
first elected female Premier, in addition to being Canada’s first openly gay Premier. Following the election, Mr Hudak stepped down as leader of the PC Party. In terms of voter turnout, a decades-long decline came to an end. Turnout fell from 64 per cent in 1990 to 48 per cent in 2011, but in this election, it rebounded slightly to 52 per cent.
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AUSTRALIA
“Harsh” savings measures in Australian Budget On 13 May 2014 the Treasurer, Hon. Joe Hockey, MP, delivered the first Budget of the Abbott Liberal/National Government. In the weeks leading up to the Budget the message became clear that the government would introduce harsh savings measures and increased taxes in order to bring the Budget back on a surplus trajectory. Mr
Hon. Joe Hockey, MP
Hockey noted that “on the back of five budget deficits in a row we have inherited a further $123 billion of deficits and $667 billion of debt. This challenge is not of our making, but we, the women and men behind me, accept responsibility to fix it. Doing nothing is not an option. Fellow members, the days of borrow and spend must come to an end”. Mr Hockey emphasized that all Australians need to contribute to the challenge ahead noting that “the age of entitlement is over”. In relation to the business community Mr Hockey commented that rather than corporate welfare the focus will be on strengthening the overall
business environment. Mr Hockey stated that “the government will start by abolishing a range of industry assistance programmes, saving over $845 million. We will refocus our effort on innovation and self-reliance”. In order to assist business, the company tax rate will be cut by 1.5 percentage points for around 800,000 businesses. In addition, Mr Hockey noted that the government would remove over $1 billion in red tape “because regulation means more staff doing paperwork and fewer staff helping customers”. During the period before the Budget, the prospect that a “deficit levy” would be introduced was publicly debated. On Budget night, Mr Hockey confirmed that high income earners would be subject to a two per cent increase in their personal tax rate for three years. This measure will affect people earning over $180,000. Under Mr Hockey’s commitment that all Australians must contribute, he indicated that there will be a one year pay freeze on MPs and senior public servant salaries. Older Australians were not left untouched by the Budget. Mr Hockey confirmed that while it would honour its election commitment not to change pensions in the first term of government, pension increases from September 2017 would be linked to increases in the CPI rather than the current wage based indexation arrangements. In addition, Mr Hockey confirmed pre-Budget speculation that the
pension eligibility age would be lifted to 70 by 2035. This measure received wide criticism from the age and welfare sectors. Unemployment benefits will be scaled back. Mr Hockey emphasized that young people should be earning or learning. As such, Mr Hockey advised that “people under 30 will wait up to six months before getting unemployment benefits, and then will have to participate in Work for the Dole to be eligible for income support”. The Australian universal medicare system, highly regarded internationally, was not left untouched. Mr Hockey confirmed that he would seek to introduce a $7 medicare co-payment payable every time a person visits a doctor. Mr Hockey advised that the payment would go to a $20 billion
Hon. Bill Shorten, MP
Medical Research Future Fund. A further measure is the reintroduction of fuel indexation. Mr Hockey noted that “every dollar raised by the increases will be linked by law to the road building budget”.
In relation to the foreign aid budget, Mr Hockey confirmed that the aid budget would be reduced by $7.9 billion over nine years. In addition, the Australian Public Service will be reduced in size over three years by 16 500 staff. The 2014 Budget was notable for how it was almost roundly condemned by State Premiers through to welfare groups. The Budget of 1996 was severe in terms of its cuts but was considered to have more coherence. For example, the 2014 Budget makes significant cuts to expenditure but, at the same time, Prime Minister Abbott is intent on introducing a costly paid parental leave programme. On 15 May the Leader of the Opposition, Hon. Bill Shorten, MP, gave his address in reply to the Budget speech. Mr Shorten focused his attack on the Budget by drawing attention to Prime Minister Abbott’s “broken promises”. As an Opposition Leader, Mr Abbott led a highly effective and sustained attack on the then Prime Minister Julia Gillard by focusing on her commitment before the 2010 election not to introduce a carbon tax but then doing so in government. Mr Shorten used the same tactics against Mr Abbott stating that “the Australian people have now witnessed this Prime Minister repeatedly promising one thing before an election while doing something completely different afterwards. Say what you like, Prime Minister. Spin as hard as you can. Australians know a
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lie when they hear one. They can spot a phony when they see one. And they know when they have been deceived”. Mr Shorten noted that “for a Prime Minister who staked so much of his reputation and who campaigned to restore trust in our public life, he has let this country down—and badly”. Mr Shorten claimed that key features of the Australian economy were sound. Mr Shorten stated that “the budget papers reveal the economic truth. Australia is fundamentally strong and so is the legacy that Labor left behind—low inflation; low interest rates; net debt peaking at one-seventh of the level of other advanced major economies; a triple-A credit rating with a stable outlook from all three international credit reporting agencies, one of only eight nations in the world; superannuation savings larger than the size of our economy; and around a million new jobs created in the five years before the last election. That is what we left”. Mr Shorten noted that the Budget papers reveal an $80 billion cut to schools and hospitals. He commented that “how could a collection of states with limited revenue possibly cope with these cuts? The Treasurer and the Prime Minister have hinted at an answer: a broader and heavier goods and tax service (GST). The Prime Minister and the Treasurer are blackmailing the states with unconscionable cuts to turn them into the Commonwealth’s cat’s paw, a Trojan horse to a bigger GST but absolving the Abbott government of fingerprints or blame”. This particular measure has led to the majority of State Premiers, both Liberal and Labor, being highly critical of the Budget. Mr Shorten was particularly critical of the changes to unemployment benefits for people under 30 stating that “arguably, the changes to Newstart are perhaps the single most heartless measure in this
AUSTRALIA brutal budget. They sentence young people to a potentially endless cycle of poverty when they should be getting a hand to find a job. This is a classic blame-shifting, cost-shifting measure that will put the price of unemployment on to Australian families. Prime Minister, how are people under 30 looking for work supposed to survive on absolutely nothing?” The 2014 Australian Budget is the most severe since 1996 and has polarized the Australian community. The next big hurdle for the Abbott Government is to try and negotiate the Budget through the Senate where there are a range of disparate parties and independent Senators. Department of Parliamentary Services scrutinized over use of CCTV In a dramatic estimates hearing of the Senate Finance and Public Administration Legislation Committee, parliamentary officials from the Department of Parliamentary Services (DPS) were accused of using closed circuit television (CCTV) in Parliament House to identify a “whistle-blower” providing information to Sen. the Hon. John Faulkner. Senator Faulkner scrutinized the head of DPS, Ms Carol Mills, over these allegations. Senator Faulkner sought to establish the operation of the code of conduct for using CCTV footage, who has access and under what grounds CCTV footage would be viewed. During this scrutiny, Ms Mills acknowledged that “it is possible DPS has breached the code in investigating a case to do with a staff member”. Senator Faulkner asked Ms Mills whether CCTV footage had been used to monitor DPS staff. Ms Mills replied “not to monitor DPS staff, no. To gather evidence in a potential code of conduct case around an individual, yes”. At one stage during the
scrutiny Senator Faulkner asked Ms Mills for an assurance, “that at no stage has CCTV footage been used to in any way impede, affect or have any impact at all on the work of either members of the House of Representatives or senators in this building”. Ms Mills responded that “it is my belief that DPS endeavours at all times to accord with that. I believe that we operate in a very difficult and
Sen. the Hon. John Faulkner
challenging environment. We are dealing with staff matters. This is the one and only case that I am aware of where there may not have been best practice in that regard, where we had an inadvertent conflict between staff management issues and the protocol of the protection of members’ and senators’ rights to do business in the building. I will have more information about that soon, but I want to assure you that we well understand the purpose and the significance of the protection of the rights of members and senators and that we are also aware that on occasion in dealing with, as a normal department would, the behaviour of its staff and code of conduct it is possible in this particular situation that those two things have come inadvertently into conflict”. Senator Faulkner scrutinized this matter more deeply asking whether a Senator was involved with this incident and at one point asking Ms Mills “whether a Senator has been spied on”. He
specifically asked is “a senator or a senator’s office involved in this surveillance”. Ms Mills responded that “an individual staff member of the Department of Parliamentary Services was involved in the surveillance. The only reason that permission was given was because of a potential code of conduct breach by a staff member of the department. We are within our rights to do that”. Senator Faulkner immediately responded that, “no, you are not within your rights to do that at all. It is not allowed for under the code of practice”. After some lengthy scrutiny Senator Faulkner asked Ms Mills if the examination of the CCTV footage involved “people providing information to me”. Ms Mills replied that “it may do”. At this point, Senator Faulkner asked the threshold question – “does it involve a person or people–an individual or individuals–providing information to me as I go about my work as a Senator in this Parliament”. Ms Mills admitted that this was the point she was looking into. Senator Faulkner then noted with significant gravity that “this is a serious issue of parliamentary privilege. I will
Dr Rosemary Laing
stop my questioning on this matter at that point, and I flag with the chair and the President, as you would understand, Mr President, that I will be taking this matter forward as a matter of privilege immediately. This is the most serious breach. I am sure
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AUSTRALIA every Senator around this table understands what has just been said. It is a serious breach that a senator in this Parliament is being spied on in that way as they go
about the proper conduct of their duties. No-one in this place is ever going to accept that. It is not proper for me to proceed with this now. Obviously, I have to raise it
as a matter of privilege, but I hope you, Mr President, understand the significance of what we have just heard”. At this point, the committee
met privately and sought advice from the Clerk of the Senate Dr Rosemary Laing. In written advice to Senator Faulkner she reviewed the policy on the
THIRD READING: AUSTRALIA Carbon Energy Legislation (Carbon Tax Repeal) Act 2014 On 17 July 2014 the Australian Parliament abolished the carbon tax that was introduced by the then Gillard Labor Government in July 2012. The carbon tax has and continues to polarize the Australian community. Since its introduction, the Liberal/National Coalition has vowed to removed it and replace it with a “direct action” policy to address climate change. During the 2013 election the then Leader of the Opposition, Hon. Tony Abbott, MP, vowed that the first piece of legislation introduced by his government would be to repeal the Carbon Tax. On 13 November 2013 Mr Abbott fulfilled this commitment by introducing the Carbon Energy Legislation (Carbon Tax Repeal) Bill 2013 and related Bills. These Bills were defeated in the Senate but not for long. In July, new Senators elected at the 7 September 2013 Federal election and the Western Australian senate election on 5 April took up their positions in the Senate. There were now sufficient Senators willing to vote against the carbon tax. Prime Minister Abbott stated that “the Australian people pronounced their judgement against the Carbon Tax. They want it gone and this Bill delivers. It delivers on the coalition’s commitment to the Australian people to scrap this toxic tax”. Mr Abbott noted that “the first impact of this Bill will be on households whose overall costs will fall by about $550 a year on average. Because of this Bill, household electricity bills will be around $200 lower next financial year without the Carbon Tax. Household gas bills will be about $70 lower next financial year without the Carbon Tax. Prices for groceries, for household items for services will fall, because the price of power is embedded in every price in our economy”. Mr Abbott argued that the Carbon Tax made it more difficult for Australian business to compete internationally. Mr Abbott stated that “the Carbon Tax acts as a reverse tariff. Not only does the Carbon Tax make it more difficult for Australian businesses to compete abroad; it makes it more difficult for domestic businesses to compete at home, because there is no carbon tax on imports”. Labor’s policy is to remove the Carbon Tax but move to an emissions trading scheme. In relation to this point, Mr Abbott stated that “no-one should be in any doubt – the government is repealing the Carbon Tax in full. We are doing what we were elected to do. Others have said that they would terminate the Carbon Tax, but they were only renaming it. Well, we are not renaming it; we are abolishing the Carbon Tax in full”. In addressing climate change, Mr Abbott stated that “we will scrap the Carbon Tax and then proceed with our direct action plan. The centrepiece of this direct action plan will be the Emissions Reduction Fund, a market-based mechanism for reducing carbon dioxide emissions, a fund that provides a powerful and direct additional incentive for businesses to reduce their greenhouse gas emissions. The $2.55 billion fund will use positive incentives to reduce Australia’s emissions and it will prioritize cost-effective targeted
means to do so. It is an incentive-based approach that will support Australian businesses and households to lower their energy costs at the same time as reducing Australia’s emissions. It will see us plant more trees, get more carbon captured in soils, clean up power stations and use smarter technology”. The Shadow Minister for Environment, Climate Change and Water, Hon. Mark Butler, MP, supported the termination of the Carbon Tax and its replacement with an emissions trading scheme that has a formal, legal cap on carbon pollution. Mr Butler noted that the government’s legislation does more than just abolish the Carbon Tax, it “will also abolish any chance of Australia having a formal legal cap on carbon pollution and any chance to move to an emissions trading scheme”. Mr Butler disputed the Prime Minister’s claim that emissions trading schemes are being discarded rather than adopted. Mr Butler responded that “the only nation that is seeking to discard a carbon trading scheme is this one, under this government”. One of Mr Abbott’s long term criticisms of the Carbon Tax is that it would act like a “wrecking ball” through the Australian economy. Mr Butler disputed this noting that in the first 12 months of its operation, over 160 000 jobs were created. In addition, Mr Butler noted that “we saw a reduction in carbon pollution of around seven per cent in the National Electricity Market in the first 12 months and, as we predicted, there was simply a modest impact on prices. That impact was more than covered through our household assistance package, particularly for low-income and fixed-income households, like pensioners, and for middle-income households”. The Leader of the Australian Greens, Senator Christine Milne, stated that “a vote for the abolition of the clean energy package is a vote for failure because it is a recognition that this Parliament does not want to face up to the four to six degrees of warming, which is the trajectory we are on as a planet. They do not want to face up to what is inter-generational theft, because a planet facing the warming that we are now being subjected to, and will be subjected to, is a planet experiencing the sixth extinction crisis. It will be a planet suffering rising sea levels. It will be a planet suffering food security crises and it will be a nation, Australia, failing to play our role in global negotiations. We will be a global pariah as the rest of the world moves to try to secure a treaty in 2015 to give people on this planet a chance of survival in the face of a climate emergency”. Senator the Hon. Lisa Singh, Labor Senator for Tasmania, stated that “this is a fundamental moment in Australia’s history. We are about to devastate the future of this country. We are about to take this country backwards in droves through the mindless ideological bent of the coalition. Australia today will be a laughing stock to the rest of the world. We are sending this country backwards – and all for what? For playing politics: playing politics with Australia’s future, playing politics with our environment and playing politics with our children. It is an outrageous moment in Australia’s history when the coalition are sending this nation backwards”.
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use of CCTV noting that “it is inconceivable that the use of CCTV information to identify persons providing information to senators and members could ever have been sanctioned as a permissible use of CCTV information when the system was first installed, given the inherent threat such monitoring would pose to members’ and senators’ freedom to go about their business without obstruction”. Dr Laing noted that “the identified circumstances reveal that parliamentary employees have used the CCTV system to obtain information about persons providing information to senators. It is irrelevant that the information obtained and used may have been incidental to the investigation of an alleged code of conduct breach. Disciplinary action has been taken against an employee on the basis of CCTV information that also shows the employee providing information to your office. The latter forms part of the evidence in the disciplinary action”. Dr Laing concluded that “if the taking of disciplinary action is in this sense indistinguishable from the provision of information to the senator, then there is a reasonably strong possibility that a contempt of the Senate may have been committed by the initiation and conduct of disciplinary proceedings against the employee and by the unauthorised surveillance of your office. At the very least, the use of the CCTV system to conduct surveillance on a senator’s office and to identify persons providing information to that office could be seen as an attempt to deter the senator from pursuing matters of public importance by restricting the flow of information to the senator”. In relation to whether a contempt has been committed, Dr Laing noted that “there is a strong case for proposing a
AUSTRALIA Privileges Committee inquiry, not least because such an inquiry is conducted with heightened regard to the rights of witnesses and may be a more satisfactory way of establishing the facts of the matter”. Dr Laing commented that a difficult aspect of any contempt inquiry is the establishment of culpable intention. Dr Laing noted that “in appropriate circumstances, it may be that reckless ignorance or indifference on the part of officials whose job it is to serve the Parliament is a sufficient indicator of culpable intention for the purpose of establishing whether conduct represents improper interference and may therefore constitute contempt”. On 18 June the Senate resolved to refer to the Senate Committee of Privileges an inquiry into the use of CCTV by officers of the Department of Parliamentary Services. In particular, the inquiry will seek to establish whether there was any improper interference, or attempted improper interference, with the free performance by Senator Faulkner or any other senator of their duties as a senator. New President of the Senate On 7 July Senators elected to serve from 1 July and Senators appointed to vacancies thereafter were sworn in by His Excellency the Governor-General, General the Hon. Sir Peter Cosgrove, AK, MC. Territory Senators were sworn in on 12 November 2013. Following the swearing in of Senators, the first item of business was the election of the President. The Leader of Government Business, Senator the Hon. Eric Abetz nominated Sen. the Hon. Stephen Parry. The Leader of the Greens, Senator Christine Milne nominated Senator Scott Ludlam. In the ensuing ballot,
Senator Parry was elected President 63 votes to 10. Senator Parry had previously held the position of Deputy President for three years. Senator Abetz congratulated Senator Parry commenting that “I note that, apart from being our 24th President, you are the fourth to come from the state of Tasmania. You follow John Blyth Hayes, of the United Australia
impartiality need to be brought to the position you now hold. I know, from working with you in your previous role as Deputy President, that you hold a deep respect for the role the Senate has in the nation’s democracy. On behalf of Labor senators, on behalf of the opposition, I congratulate you on your election”. Senator Milne noted that “we came into this Senate at the same time, and I have observed the service that you have given to the Senate, the Parliament and the Australian people over that time. I wish you all the very best in serving the Parliament and working with the Senate. I particularly welcome the remarks that you have made about standing up for the Parliament against the Executive”.
Sen. the Hon. Penny Wong
Party; Justin O’Byrne, of the Australian Labor Party; and Paul Calvert, of the Liberal Party. I know that in a former life you served as an officer of the law. I also note that President Hayes had a prison named after him in Tasmania. I interpret all of that as a signal that we should all behave in the Senate because the President might know what to do if we do not! And, just in case that does not work, I note that the other occupation that you held before entering this place was that of an undertaker”. Senator the Hon. Penny Wong, Leader of Opposition Business, commented that “the Senate is the chamber where there is much greater scrutiny applied to legislation, to policy. It is the chamber where committee work that is important to consideration of a legislative agenda is done. It is the chamber – let us be frank – where executive government is held to account in a way it cannot be in the House of Representatives. Because of that, fairness and
Composition of the Senate On 1 July the composition of the Senate changed as Senators elected at the Federal election on 7 September 2013 and the Western Australian Senate election of 5 April 2014 commenced their terms. A range of minor party senators were elected. Of the 76 seats in the Senate, the Coalition has 33, Labor 25, Greens 10, and The Palmer United Party (PUP) has three seats. The Democratic Labor Party, Liberal Democratic Party, Family First, and the Australian Motoring Enthusiast Party all have one seat each. Senator Nick Xenophon was elected for another term as an independent senator. This diversity of senators presents a challenge to the government as it cannot be assured that it can deliver on all its election commitments and budgetary reform. Whereas in the 43rd Parliament the focus was on the House of Representatives with its minority government, the focus has now moved back to the Senate.
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marking the Sixteenth Lok Sabha General Elections were held in the months of April and May 2014 constituting for the 16th Lok Sabha. About 554 million people registered their votes at nearly one million polling stations, manned by nearly five million polling personnel. Polling was held on nine poll days and results were declared on 16 May 2014. Out of 834,101,479 registered electors, males constituted 52.4 per cent and females 47.6 per cent. The total voting percentage in the 2014 General Elections was 66.4 per cent, the highest so far in the history of Lok Sabha elections. Among the 28 States and seven Union Territories (UT), 21 States/UT had a higher percentage of female electors than that of the national average of 47.6 per cent. Kerala had the highest proportion of female electors, followed by Puducherry. The transgender persons were allowed in the electoral rolls for the first time with gender written as “Others”. Pursuant to the direction issued by the Supreme Court of India on 27 September 2013, a provision was made for a “None of the Above” (NOTA) option on the Ballot Units, below the name of the last candidate. The percentage of NOTA votes in the 2014 General Elections was 1.08 per cent. The Bharatiya Janata Party (BJP) won 282 out of 543 elective seats thus securing the absolute majority. The ruling Indian National Congress (INC) secured 44 seats. The State Parties won a total of 182 seats.
The BJP, for the first time, secured a majority of seats on its own and was only the second time that a non-Congress party succeeded in securing a majority by itself. A record number of 62 women were elected compared to 59 in the 2009 General Elections. This accounted for 11.42 per cent of the 543 elective seats. Four hundred and sixtyfour parties participated in the
elections compared to 53 parties in the 1st General Elections. A total of 8251 candidates contested the elections, out of which 668 candidates were women and 7,578 were men. Five transgendered persons also contested the polls. The 16th Lok Sabha was constituted on 18 May, when the Election Commission of India called on the President of
India, Shri Pranab Mukherjee, and handed over a copy of the notification containing the names of 543 elected members to the Lok Sabha. The list given to the President enabled him to initiate the government formation process. Earlier in the day, the President dissolved the 15th Lok Sabha as recommended by the outgoing government on 17 May. The BJP Chief Minister of
THIRD READING: INDIA The Andhra Pradesh Re-Organisation Act, 2014 The creation of a separate State of Telangana for the betterment of the social, economic, political and other aspirations of the people of that region had been a long standing demand. In pursuance thereof, the Government of India on 9 December 2009 announced that the process for formation of a separate State of Telangana would be initiated. After wide-ranging consultations on 3 October, 2013, the Government of India decided to bifurcate the existing State of Andhra Pradesh. Thereafter the government brought forward the Andhra Pradesh Reorganization Bill, 2014 seeking to give effect to the aforesaid decision. The measure aimed at reconstituting the existing State of Andhra Pradesh into two separate States, namely the State of Andhra Pradesh and the State of Telangana. The proposed reorganization sought to meet the democratic aspirations of the people of Telangana region and ensure peace, goodwill, progress and prosperity among all the sections of the people of both successor States. Highlights of the Bill include: • Provision has been made for the territories of the two successor States of Andhra Pradesh and Telangana, and necessary provisions relating to representation in Parliament and State Legislatures, distribution
of revenues, apportionment of assets and liabilities, mechanisms for the management and development of water resources, power and natural resources and other matters. • It has been provided for the maintenance of law and order to ensure peace and harmony in all regions and districts of the two successor States after the appointed day. • Provision has been made to the effect that Hyderabad in the existing State of Andhra Pradesh shall be the common capital of both the successor States from the appointed day for a period not exceeding ten years, and puts in place legal and administrative measures to ensure that both the State Governments can function efficiently from the common capital which includes the area notified as Greater Hyderabad Municipal Corporation under the Hyderabad Municipal Corporation Act, 1955. The Bill was passed by Lok Sabha on 18 February 2014 and by Rajya Sabha on 20 February 2014. The Bill as passed by both Houses of Parliament was assented to by the President of India on 1 March 2014. The successor States of Andhra Pradesh and Telangana came into being with effect from 2 June 2014 as per the appointed day stipulated in the said Act.
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Gujarat, Shri Narendra Modi, who had spearheaded the party’s electoral campaign, was unanimously elected as the leader of the BJP Parliamentary Party on 20 May. Later, Shri Modi was elected as the leader of the National Democratic Alliance (NDA), the alliance consisting of several parties. He had been the Chief Minister of Gujarat since October 2001 until his resignation on 21 May 2014. On 26 May 2014, Shri Modi was sworn in as the Prime Minister of India by the President. Shri Modi invited the South Asian Association for Regional Cooperation (SAARC) leaders to attend his swearing-in ceremony. They included: Mr Nawaz Sharif, the Prime Minister of Pakistan; Hon. Mahinda Rajapaksa, the President of Sri Lanka; and H.E. Hamid Karzai, the President of Afghanistan. Besides the SAARC leaders, the Prime Minister of Mauritius, Mr Navin Ramgoolam also attended the ceremony. Along with Prime Minister Modi, 45 Ministers were sworn in by the President. The first session of the new
Shri Narendra Modi
Lok Sabha commenced on 4 June 2014. The newly elected Lok Sabha had a brief meeting and was adjourned soon after it met, as a mark of respect to the memory of Union Minister of Rural Development, Shri Gopinath Munde who died in a road accident in New Delhi on 3
INDIA June 2014. Senior INC leader, Shri Kamal Nath, a nine-term MP, was sworn-in as Speaker Pro-tem of the newly constituted Lok Sabha. On 6 June, senior BJP leader Smt. Sumitra Mahajan was unanimously chosen as Speaker of the Lok Sabha. Seventeen motions were moved by members from different parties including BJP leader and Prime Minister Modi. Leaders of Congress also moved the motions in her favour. The Speaker Pro-tem put the motion moved by the Prime Minister, and was seconded by Shri L.K. Advani to the vote of the House. Congratulating all the parties and all the members of the House for unanimously electing Smt. Mahajan as Speaker of the Lok Sabha, Prime Minister Modi said it was “a matter of great pride that a woman would preside over the temple of democracy and conduct the business of the House. The House would surely be able to fulfill the hopes and aspirations of the people under her benign stewardship and guidance”. Referring to the presence of as many as 315 first-time members, the Prime Minister hoped that the arena of democracy that was resonating with the enthusiasm and energy of the new members would turn into a temple of development and progress for the nation. The Minister of Parliamentary Affairs, Shri M. Venkaiah Naidu thanked all political parties for extending their cooperation in the unanimous election of Smt. Mahajan as Speaker of the Lok Sabha. Shri Mallikarjun Kharge (INC), congratulated Smt. Mahajan and requested the Speaker to safeguard the interests of all parties, be they small or large, and give opportunity to all parties and members. Dr M. Thambidurai (AIADMK) observed that this
was not a new assignment for Smt. Mahajan as she had been presiding over the House as a member of the Panel of Chairpersons. He requested the Speaker to take care of the feelings of the members while following the rules and regulations in running the House. Shri Bhartruhari Mahtab (BJD) was confident that the House would be very productive
Shri H.D. Deve Gowda
under the guidance of the new Speaker. While Shri Ananth Gangaram Geete (Shiv Sena) opined that the Speaker would maintain the dignity of the Lok Sabha and enhance its dignity, the Minister of Civil Aviation, Shri Ashok Gajapathi Raju Pusapati (TDP), congratulated and wished the Speaker the very best. Shri P. Karunakaran (CPI-M) and Shri Rajesh Ranjan (RJD) requested the Speaker to provide assistance and protection to the opposition and small parties represented in the House, while Shri Mulayam Singh Yadav (SP) said it was the benign duty of the Speaker to award protection to members of the opposition parties irrespective of their strength in the House. The Minister of Food Processing Industries, Smt. Harsimrat Kaur Badal (SAD) observed that the small minority of women MPs that represent half of the population of the country and many of whom were first timers in the Lok Sabha, looked forward to the Speaker’s encouragement and protection. She assured her
party’s cooperation in every way for the smooth running of the House so that the 16th Lok Sabha would go down in history as being the most constructive, forward thinking and effective Lok Sabha. Shri H.D. Deve Gowda (JD-S), a former Prime Minister, said it was the responsibility of both the ruling and opposition parties to see that the House proceedings were smoothly conducted. As the government enjoyed absolute majority, he requested the Leader of the House to give a little more time to the regional parties to express their views concerning their various problems. Thanking the members for electing her unanimously as Speaker of the Lok Sabha, Smt. Mahajan said the moment was not only a moment of great honour for her but also full of challenges. She assured that on the basis of experience of the past 25 years in the House she would endeavour to live up to the expectations of the members. Emphasizing that effective laws for the welfare of the people could be made only through detailed and comprehensive discussions,
Smt. Harsimrat Kaur Badal
she requested all the members to make their contribution in the legislative business through meaningful discussion in the House. She asked them to serve well in the committees to which they would be nominated and
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INDIA help in streamlining the legislative business. Smt. Mahajan advised the members not to limit their role to ensuring the development of their constituencies alone and keep in mind the interests of the nation. The Speaker was grateful to the House for reposing its faith in her. Smt. Mahajan said she would strive to make new healthy conventions while respecting the
striving to achieve the roadmap envisaged in the Address. The first and foremost duty of a government was to listen to the poor and work for them and the government would put every effort to empowering them. The Prime Minister focused upon the development of villages that would have the character of a village but equipped with all the facilities and amenities of a town. He highlighted the need to bring in modernization in the country’s
farming practices. He highlighted the need to ensure women’s active participation, their safety and dignity. The Prime Minister said skill development should be the top priority and the country should be transformed in to a skilled India. Referring to the success of the Gujrat model of development, the Prime Minister was happy that it had ushered in an era of competition among the states. Welcoming criticism, the Prime
Minister said it served as food for the evolution of democracy. Healthy criticism of policies and programmes would help the government in revisiting these programmes and make them flawless for the benefit of the people. The Rajya Sabha adopted the Motion of Thanks on the President’s Address on 11 June 2014. The short session of Lok Sabha concluded on 11 June 2014.
THIRD READING: INDIA Shri Pranab Mukherjee
great legacy left behind by her predecessors. On 9 June 2014, the President of India addressed both the Houses of Parliament assembled together in the Central Hall of Parliament. On 10 June, Shri Rajiv Pratap Rudy (BJP) moved the Motion of Thanks on President’s Address, which was seconded by Shri Ramvilas Paswan (LJP). More than 50 members participated in the debate on the Motion held on 10 and 11 June 2014. Replying to the debate on 11 June 2014, the Prime Minister, in his maiden speech in the Lok Sabha, conveyed his heartfelt greetings to the people of the country for having voted for stability, development and good governance, thereby putting the country on the path of development and progress for the next five years. Trying to dispel the concern about the government’s sincerity in delivering the promises made in the President’s Address, he said the government would leave no stone unturned in
The National Institute of Design Act, 2014 The National Institute of Design (NID), Ahmedabad in the state of Gujarat was set up in 1961 as a society registered under the Societies Registration Act, 1860 and also under the Bombay Public Trusts Act, 1950, by the Government of India in the Ministry of Industry (now known as the Ministry of Commerce and Industry), as an autonomous institution. NID is an educational and training institution that conducts graduate and postgraduate programmes in the area of design education. Realizing the strategic importance of design for national and industrial competitiveness of both manufacturing and service industries, NID has already been striving for excellence in the field of design education in the country. NID products, comprising its students and alumni, form the spearhead of the design initiative in India. Despite this, the potential of Indian design had not been fully exploited and there was an immense scope for future growth that might be achieved by establishing an institution of national importance for imparting design education with international benchmarking. In order to achieve the desired objectives, the government felt it beneficial to enact a law declaring NID as an institution of national importance in the interest of public at large. In 2013 the then Government introduced in Rajya Sabha the National Institute of Design Bill, 2013, inter alia seeking to provide for declaration of National Institute of Design, Ahmedabad, as an institution of national importance, and make it a corporate body to nurture and promote quality and excellence in design education. The Bill, however, could not be taken for consideration and passing in Rajya Sabha till July, 2014. After the General Elections that took place, the new Government took the Bill further and had it enacted.
Features of the Bill include: • Provision has been made to declare the National Institute of Design, Ahmedabad as an institution of national importance. • The powers and duties of the Institute have been enumerated to provide for instructions, research and training in the areas or disciplines relating to design; to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design and to frame Statutes and Ordinances and to alter, modify or rescind the same. During the discussion in both Houses of Parliament, the Bill found near unanimous support from members of Parliament. Commending the measure as a timely initiative the members had observed the NID had done excellent work over the last 50 years and more. Members felt that in this era of knowledge society, technology driven, creativity infused society, India could lead in this domain. It was also proposed that this Institute should be given flexibility to enhance innovation. The Minister in charge of the Bill while replying to the debate thanked members for their inputs and assured that government would consider these. Minister further assured that all centres of the NID would be equally endowed well so that they could become institutes of excellence. The Bill was passed by Rajya Sabha on 7 July 2014 and by Lok Sabha on 9 July 2014. The Bill as passed by both Houses of Parliament was assented to by the President on 17 July 2014.
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NEW ZEALAND
House rises for September election The House sat for the last time in the 50th Parliament on 31 July, ahead of the General Election on 20 September. The Speaker, Rt Hon. David Carter, MP, said: “The 50th Parliament has sat for 227 days – a total of 1,058 hours – and what is pleasing to note is the limited use of urgency, at 79 hours, and the increased use of extended sittings, at 110 hours. This reflects the very successful changes made to the standing orders after the last Parliament.” Many speakers in the adjournment debate had acknowledged retiring Members, and the Speaker added to that his farewells to presiding officers Eric Roy, MP, and H V Ross Robertson, MP. He also noted the impending retirement of the Clerk of the House, Mary Harris, who received a Queen’s Service Medal this year. The Speaker also indicated that if he were chosen to continue his role in the 51st Parliament, he intended to look at modernizing the daily prayer “in a manner that is acceptable to the vast majority of Members” and Parliament’s Māori protocols, and consider social media issues, such as photographs taken in the Chamber. By-election debate New Zealand avoided having a By-election in the Epsom electorate in the weeks running up to the 20 September election. A vacancy occurred on the resignation of Hon. John Banks, MP, (ACT Party) on 13 June, who was a Member of the National government coalition.
By-election just three months out from an election, with just four sitting weeks left in this term of Parliament”. Hon. Annette King, MP, (Labour) added that a By-election “would be a waste of taxpayers’ money. They are expensive….” The motion was unanimously agreed to.
Rt Hon. David Carter, MP
His resignation followed his conviction by the High Court in Auckland for filing a false electoral return after his unsuccessful bid for the Auckland mayoralty in 2010. He has subsequently appealed. The Electoral Act requires an MP to resign if convicted of an offence with two or more years’ imprisonment. Under New Zealand’s mixed membership proportional representation system (MMP), when an electorate seat is vacated (as opposed to a list seat), a By-election is normally held. If a General Election is to happen within six months, however, an electorate seat can be left vacant provided 75 per cent of the House agrees to that. As the General Election is to be held on 20 September, the Leader of the House, Hon. Gerry Brownlee, MP, (National), moved on 18 June that “no writ be issued for the election of a Member of Parliament…” for Epsom. Ms Holly Walker, MP, (Green Party) agreed that “it is in no one’s interests to have a
Parliamentary Privilege Bill The Parliamentary Privilege Bill passed its Committee of the whole House stage and third reading with unanimous support on 31 July, the last sitting day for the 50th Parliament. Its main purpose is to restore and reaffirm understandings of the scope of aspects of parliamentary privilege, and to consolidate and modernize existing legislation. It also ensures adequate protection from legal liability for communication of, and for documents relating to, proceedings in Parliament. The Attorney-General, Hon.
Hon. Christopher Finlayson, MP
Christopher Finlayson, MP, (National) said that the Bill was
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NEW ZEALAND not about Parliamentarians looking after themselves: “Drill down to what we have been trying to do in this debate, and that is ensuring that in the public interest important issues can be transacted in this Chamber, and that the important rights of Parliamentarians to raise important matters is not curtailed or circumscribed in any way.” Hon. David Parker, MP, (Labour) said: “...the advice that
Dr Kennedy Graham, MP
ought to be available to Ministers... should be all of the information that officials have and can bring to bear. We do not want those officials to edit what they know because they might fear they could be tied up in some [court] proceedings.” Commenting on the public perception of parliamentary privilege, Mr Chris Hipkins, MP, (Labour) said: “It is nothing to do with what the public might describe as perks. This Bill is all about us being able to undertake our duty as legislators...without the fear that we will find ourselves in front of the courts.” Dr Kennedy Graham, MP, (Green Party) added: “We did not wish to incorporate new absolute privilege protections into legislation [but] to restore the nature of the privilege to the status quo ante....” He suggested that the 51st Parliament might build on the work of the 50th Parliament in this area: “[This] defining moment presented an opportunity to formally shape and
give expression to the principle of comity in New Zealand.” Mr Finlayson agreed, saying that the Bill gives rise to “a more general principle [of] whether the time has come...to look at consolidating all the legislation relating to Parliament in one coherent piece of legislation. It is in the public interest that all our constitutional legislation be readily accessible and available, set out in clear terms, for the benefit of the public”. Food Bill The Food Bill, which passed its third reading on 27 May with unanimous support, modernizes New Zealand’s regulatory framework for ensuring the safety and suitability of food consumed in and exported by New Zealand. Under the legislation, businesses have the primary responsibility for the sale of safe and suitable food using a risk-based approach.
Hon. Nikki Kaye, MP
Introducing the second reading on 13 May 2014, the Minister for Food Safety, Hon. Hon Nikki Kaye, MP, (National), said, “as a nation that relies heavily on food exports, the credibility of our food safety system is hugely important because it helps our exporters have access to overseas markets and sell our products at the premium end of the market.” Since its first reading in December 2010 the Bill had been delayed pending substantive changes, including clarifying that
“low risk and community-related food activities…are able to continue under the Bill, provided that the food meets the general requirement that it is safe to eat”, and adding a new provision “to provide a clear immunity from liability for people who donate food in good faith for a charitable, benevolent, or philanthropic purpose” such as food banks. The Bill had also been delayed to await the outcome of an inquiry
into an incident that occurred when New Zealand dairy producer Fonterra found bacteria during safety testing of whey products and recalled them from seven countries. The bacteria were subsequently found not to be a botulism-causing strain. The Minister said, “events last year have served to underline the importance of our food safety system. The whey protein concentrate incident disrupted
THIRD READING: NEW ZEALAND West Coast Wind-blown Timber (Conservation Lands) Bill On 26 June the House accorded urgency to the introduction and passing of the West Coast Windblown Timber (Conservation Lands) Bill. The Bill would allow harvesting of cyclone-damaged trees for a period of five years from specific public conservation lands on the West Coast of the South Island. Commercial harvesting of timber is not provided for under the Conservation Act. Introducing the first reading, the Minister of Conservation, Hon. Dr Nick Smith, MP, (National) said: “When Cyclone Ita hit the West Coast on 17 April this year it did the worst damage to forests in that region for generations, felling an estimated 20,000 hectares of forest and causing very significant damage to a further 200,000 hectares across the coast. This was a conservation tragedy, but it leaves a dilemma as to what to do with the millions of cubic metres of wood that now rest in those forests. No good purpose would be served by leaving that timber in the forest to rot”. Opposing the legislation, Green Member Ms Eugenie Sage, MP,
said at the third reading: “Native forests in New Zealand are dynamic.... Disturbance, whether from big heavy snow events or big wind events, is part of the endless cycle of death, decay, and regeneration of these forests. The timber is not wasted by being windthrow, and by disturbing the forests to log the timber, we are attacking the very reason why these areas are protected. Labour Member Hon. Ruth Dyson, MP, said that the Bill “shows a blatant disregard for the longstanding agreement that we had had as a Parliament to protect our natives trees from logging”. In response, the Minister said: “When trees are fallen and are dead, there is nothing wrong about saying that we should utilize that wood for people’s jobs and economic wellbeing.” He added that he had “confidence in the Department of Conservation and the DirectorGeneral to make sure that this work is done in a sensible way that enables that valuable timber to be recovered without putting the core conservation values at risk”. The Bill passed its third reading by a majority of 65 votes to 51.
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PARLIAMENTARY REPORT
exports to several markets and raised questions about our food safety both domestically and internationally”. The inquiry found that the regulatory framework for dairy food safety was “fundamentally sound, consistent with internationally recognized principles, and is considered among the best food safety systems in the world.” Recall provisions were added to the Bill. Labour and the Greens, although supporting the legislation, attempted unsuccessfully to get country-oforigin labelling into the legislation at the Committee of the whole House stage. “Most of the countries throughout the world have a standard, mandatory country-oforigin labelling regime, and it is
NEW ZEALAND time that we implemented that for ourselves,” said Hon. Damien O’Connor, MP, (Labour). In his third reading speech the Minister said “although I do not have confidence in a comprehensive, mandatory country-of-origin labelling scheme, I think there is more work to do in this area, and I do want to acknowledge that we have about 70 per cent coverage in the area of voluntary country-of-origin labelling with regard to single-ingredient foods”. In response Mr Steffan Browning, MP, (Green Party) said of the 70 per cent coverage: “That is not good enough. Not only is it not good enough in terms of coverage but, because it is voluntary, there is no real system of auditing.”
THIRD READING: NEW ZEALAND Te Urewera Bill The Te Urewera Act, which passed its third reading on 24 July, revokes the national park status over Te Urewera National Park and declares it and adjacent areas – an area of around 209,000 hectares in the central North Island – to be a legal entity in its own right. It establishes a board of Tūhoe tribal and Crown representatives to govern Te Urewera. The Act implements an agreement between the Crown and Tūhoe and forms part of the redress for historical breaches of the Treaty of Waitangi. At the third reading Hon. Christopher Finlayson, MP, Minister for Treaty of Waitangi Negotiations, said: “It takes political courage to do what we are doing today. This is indeed a momentous step, but
what we are doing should not be surprising, because what we are doing is honouring a promise that lay unfulfilled throughout the 20th century. This is the second chance the Crown has to get this right. This time it must do so.” The Minister of Māori Affairs Hon. Dr Pita Sharples, MP, (Māori Party) described the Bill as “a profound alternative to the human presumption of sovereignty over the natural world.” Mr Rino Tirikatene, MP, (Labour) said: “…this Te Urewera Bill is a clear and innovative way to recognize Tūhoe’s link to Te Urewera for the whole of the country. Te Urewera will become its own entity in law as though it were a living and breathing thing and, of course, to the minds of Tūhoe that is exactly what it is.”
Vulnerable Children Bill The Vulnerable Children Bill passed its third reading on 19 June 2014 by a majority of 105 votes to 10. The most significant measures of the Bill as introduced included making the chief
Ms Jan Logie, MP
executives of five government agencies jointly accountable for a plan to protect vulnerable children, implementing standard safety checks for state sector or state-funded employees that work with children, introducing child harm prevention orders, adding obligations for abusive parents before a child in the care
Ms Asenati Lole-Taylor, MP
of the state is returned home, and placing the burden of proof on abusive parents to show change before retaining guardianship of subsequent children. The Minister for Social Development, Hon. Paula Bennett, MP, (National) at the first reading in September 2013 described the measures in her
Bill as “bold and, by their nature, controversial”. The Minister of Justice, Hon. Judith Collins, MP, (National) noted the necessity of strengthened legislation: “Because of abuse, one child under two is hospitalized every five days in this country.” Although speaking in support of the legislation at its first reading, Mr Andrew Little, MP, (Labour) expressed concern that child harm prevention orders would include people suspected but not convicted of child abuse: “Well-meaning but zealous social workers, government officials, and the chief executives of the departments who can apply for these orders can get things wrong.” The provisions for child harm prevention orders were later removed because, as Ms Bennett explained at the second reading on 15 April: “The government is already putting a range of measures in place to protect vulnerable adults and children from people who present a high risk of harming them.” Opposing the Bill, Green Party Member Ms Jan Logie, MP, spoke about child poverty and said that the party wanted “to ensure all of our children have their basic needs met. We want to address the causes of vulnerability so that all of our children can thrive”. Although supporting the Bill, Asenati Lole-Taylor, MP, (NZ First) was critical that screening and vetting would apply only to paid workers: “A lot of the cases being identified and highlighted involved those who have offered to do voluntary tasks for children.” In the third reading Ms Bennett acknowledged that the legislation, although a “critical step”, was only “a small part of the work that is already under way and that has to be done under the Children’s Action Plan.”
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UNITED KINGDOM
the queen’s speech delivered to both houses in the u.k.
H.M Queen Elizabeth II, accompanied by Prince Philip, delivering the speech during the State opening of Parliament
Her Majesty opened the final Session of the current Parliament on 4 June 2014. The occasion was marked with the usual ceremonies, leading up to the reading of the Queen’s Speech to both Houses of Parliament from the throne in the House of Lords. The Speech opened what will be an eventful year in British politics, with the referendum on Scottish independence to be held on
18 September and the General Election due next May. The speech combined domestic and international themes as well as measures on small businesses, deregulation targets, greater devolution for Scotland and Wales, pension and saving reforms and stronger protection for the minimum wage sat alongside a commitment to peace and security in Europe,
the promotion of reform in the European Union and the announcement of a state visit to France to coincide with the 70th Anniversary of the D-Day landings. Some of the measures to gain attention from outside Westminster included proposals to reduce the usage of plastic carrier bags, free school meals for infants and a commitment
to introduce a Bill allowing Members of Parliament to be recalled from office under certain circumstances. Inside Westminster, debate on the Queen’s Speech began, as is traditional, at 2:30 on the same day – following the formal reading of the Outlawries Bill, a device to signal the House of Common’s independence from the Monarch. Debate on the Queen’s
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PARLIAMENTARY REPORT
Speech takes place on a motion proposing that a “Humble Address” be presented to Her Majesty, thanking her for her speech. Traditionally the Opposition parties put down motions expressing reservations about the content of the Speech – for example urging the Government to include additional measures or regretting some of those proposed. In the last Session of Parliament, an amendment was proposed by the Conservative Member, Mr John Baron, MP, regretting that the Queen’s Speech did not contain a
Mr John Baron, MP
commitment to introduce a Bill providing for a Referendum on European Union membership. The amendment produced high political drama, with the government ultimately allowing a free vote on what that had, prior to the introduction of the Fixed Terms Parliament Act, widely been regarded as a vote of confidence. There was no such drama this year, with the Conservative Party committed to pursuing an EU Referendum Bill through the Private Members’ Bill route. The motion for the Humble Address was proposed by the Conservative backbencher, Ms Penny Mordaunt, MP. In doing so, she noted that she was only the second female MP to propose the Humble Address during Her Majesty’s reign. As Member of Parliament for
UNITED KINGDOM Portsmouth North, her speech centred on a nautical theme, closely tied to the upcoming D-Day commemorations and her own background as a Royal Navy reservist. She also praised “the Pompey spirit”, outlining community initiatives including the financial rescue and ownership of Portsmouth Football Club by its fans. She concluded with a rousing summary of the challenges facing the modern United Kingdom and its capacity to overcome them, stating, “if we ever doubt that our nation’s best days lie ahead and that our country can accomplish all it sets out to do, and lose sight of our duty and the principles and values that underpin it, then 60 miles and 220° south-west of this Chamber lies our inspiration”. Speaking as the seconder of the Humble Address, the Liberal Democrat Member, Ms Annette Brooke, MP, also remarked on this being the first time two woman had proposed and seconded the Humble Address. She also noted that she was the first Liberal women MP to do so. In keeping with tradition, she spoke of her constituency of Mid Dorset and North Poole, praising its low unemployment rate and stressing the importance of
Ms Penny Mordaunt, MP
protecting its countryside from an increasing population and heath fires. She spoke of some of her difficulties as “an old leftie” in being part of the coalition
government, but stressed a number of its policies that she strongly supported – from the inclusion of a Bill to take further measures to prevent modern slavery through to the
Ms Annette Brooke, MP
achievement of the 0.7 per cent of GDP target for overseas aid spending. She concluded by saying she was “pleased to have had the opportunity today to comment on just a few of the many policies of which I am generally very, very proud, and to reflect on the economic recovery that was made possible by the formation of the coalition”. Once the proposers and seconders had finished, it fell to the Leader of the Opposition to formally open the debate. Rt Hon Edward Miliband, MP, (Lab), opened by reflecting on the anniversary of the D-Day landings, remembering Mr Paul Goggins, MP for Wythenshawe and Sale East, who died earlier this year and praising the proposer and seconder. He then turned to the outcome of recent local and European elections, expressing concern that 60 per cent of people had not voted and observing that “there is no bigger issue for our country and our democracy” than voter disenchantment with the political system. Moving on to the Queen’s Speech, Mr Miliband focused on inequality, speaking of people that were in work but unable to make ends meet. He argued
that the government should commit to larger increases to the minimum wage, reductions in the use of zero-hours contracts and ensuring that banks provided credit to small businesses. Looking at housing and energy prices, he said that the Queen’s Speech needed “to face up to another truth: for the first time since the Second World War, many parents fear that their children will have a worse life than they do”. He said it was “no wonder” that people were losing their faith in politics when such things were happening and Westminster was not seen to be doing anything about it. He concluding by listing the measures that he would have put in a Queen’s Speech – “a ‘make work pay’ Bill to reward hard work, a banking Bill to support small businesses, a community Bill to devolve power, an immigration Bill to stop workers being undercut, a consumers Bill to freeze energy bills, a housing Bill to tackle the housing crisis and a NHS Bill to
Rt Hon. Edward Milliband, MP
make it easier for people to see their GP and to stop privatisation”. Responding to the Leader of the Opposition, the Prime Miniser, Rt Hon. David Cameron MP, opened with a tribute to servicemen and women who had died in Afghanistan since 2001. He also paid tribute to Paul Goggins and to the proposer and seconder of the speech. Noting that Ms Mordaunt had previously
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UNITED KINGDOM
Tributes were paid to U.K. Labour Member, Mr Paul Goggins, MP, who died earlier this year
been foreign press adviser to former American President George W. Bush, he hoped she had not been responsible for the President’s statement that, “border relations between Canada and Mexico have never been better”. Setting out what he saw as his government’s achievements, the Prime Minister listed reductions in the deficit and crime, freezes to council tax and fuel duty, caps to benefits and cuts to the “bloated cost of government”. He argued that the government had a “long-term economic plan” that underpinned the Queen’s Speech, and a focus on fairness – not only on what people get out of the system, but what they put into it. Summarizing the proposals of the Queen’s Speech, he said, “for the first time ever we are introducing tax-free child care to help hard-working families. We are creating new laws on producing shale gas to give
us energy security; new laws to help build high-speed rail to modernize our infrastructure; new laws to reform planning to build more homes and help more young people. We are outlawing modern slavery, confiscating assets from criminals, protecting people who volunteer, cutting red tape, and curbing the abuse of zero-hours contracts. This is a
Rt Hon. David Cameron, MP
packed programme of a busy and radical government”. The debate on the Queen’s
Speech lasted for six days. As always, the debate was themed different topics on each day – the topics primarily being the choice of the main opposition party. Votes on amendments come at the end of the final two day. Both days were on economic themes – jobs and work, and the economy and living standards. Unlike the previous year, the only amendments selected were from the official opposition and both were defeated by the government. Private Members’ Bills Private Members’ Bills adopted an unusual significance in the previous Session of Parliament. With the coalition parties unable to reach agreement on a common position on a referendum on membership of the European Union, the Conservative Party introduced its own EU Referendum Bill under the control of the backbench Member Mr James Wharton,
MP. The Bill successfully passed the Commons, but ran out of
Mr James Wharton, MP
parliamentary time in the House of Lords amid accusations from the Bill’s supporters of filibustering and from the Bill’s opponents of attempting to push the Bill through without regard for proper scrutiny. Against this background, the results of the Ballot for Private Members’ Bills was a matter of considerable interest. The ballot gives priority to 20
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PARLIAMENTARY REPORT
Members, chosen at random, in choosing the dates on which their Bills will receive a second reading debate. A high-placing in the ballot (one of the top seven) normally guarantees the Member a debate on their Bill and the opportunity – should they be able to get enough support – to move a closure in order to guarantee a decision on it. It also means that their Bill will be first into Committee – giving it priority at later stages. Lower placing Bills, and Members who have been unsuccessful in the Ballot, are more vulnerable to running out of parliamentary time or being “talked out” by the Bill’s opponents. Mr Wharton had been placed first in the Ballot – giving his Bill a significant advantage when navigating the Commons and meaning that his was the first Private Member’s Bill to reach the Lords in that session. This time around, assuming that certain conditions were met, a substantially identical Bill could benefit from the Parliament Act – allowing it to become law even if it
Mr Andrew George, MP
were blocked or ran out of time in the House of Lords. The EU Referendum Bill was not the only reason that there was considerable interest in the Ballot. Labour front-benchers and Conservative backbenchers both used Private Member’s Bills to put forward “alternative Queen’s Speeches” in the previous
UNITED KINGDOM
Rt Hon. Michael Moore, MP
Parliament – measures making up what, in their eyes, amounted to an alternative to the Coalition’s proposals. There were also a number of attempts to introduce into law the government’s commitment to spend 0.7 per cent of GDP on overseas aid. The Ballot was held on 12 June. The “winner” of the ballot was Mr Andrew George, MP, (Lib Dem), who announced that he would brining forward a Bill to create exemptions to the so-called “bedroom tax” or “under-occupancy penalty”. The penalty has been one of the most debated measures introduced by the government. It reduces housing benefit for those who have unused bedrooms in their housing – ending what the government calls a “spare room subsidy”. Second place in the ballot
also went to a Liberal Democrat Member, the former Secretary of State for Scotland, Rt Hon. Michael Moore, MP. Mr Moore took up the issue of overseas aid and introduced a Bill to give the commitment to spend 0.7 per cent of GDP on aid statutory force. Similar Bills were introduced
Mr Bob Neill, MP
by Labour MPs in the last two sessions, but both failed due
to a lack of time. This is the first occasion that the issue has been introduced by a Member who finished in the top seven places in the Ballot. The highest-placed Conservative in the ballot was Mr Bob Neill, MP, who as expected, re-introduced the EU Referendum Bill in much the same form as it left the Commons in the previous session. For the Parliament Act to apply to the Bill, it will have to complete all its Commons stages before the end of the Parliament. Whether the relative disadvantage of being third – rather than first – in the ballot significantly hinders that progress remains to be seen. Whatever the outcome, it looks likely that Private Members’ Bills will be another source of controversy and excitement as the Parliament draws to its conclusion.
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THE CPA ORGANIZATION
CPA ORGANIzATION Commonwealth Parliamentary Association Executive Committee and Secretariat, and Commonwealth Women Parliamentarians Steering Committee
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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, MP (Deputy Speaker of the Parliament of Malaysia ) Treasurer: Hon. Marwick Khumalo, MP (Swaziland) Chairperson of the CWP: Rt Hon Rebecca Kadaga, MP (Speaker, Parliament of Uganda)
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Regional Representatives
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CARIBBEAN, AMERICAS AND ATLANTIC Dr the Hon. Kendal Major, OBE, 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
CANADA
AFRICA Dr Thomas Kashililah (Parliament of Tanzania)
CARIBBEAN, AMERICAS & ATLANTIC Ms Heather Cooke (Parliament of Jamaica)
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Commonwealth Women Parliamentarians: Steering Committee PRESIDENT Senator Emma Lafon (Cameroon)
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CANADA Ms Myrna Driedger, MLA (Manitoba)
INDIA Hon. Meenakshi Lekhi, MP (India)
CHAIRPERSON Rt. Hon. Rebecca Kadaga, MP (Speaker of the Parliament, Uganda)
AUSTRALIA Hon. Catherine Cusack, MLC (Australia)
CARIBBEAN, AMERICAS AND ATLANTIC Hon. Glenys Hanna-Martin, MP (Bahamas)
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