Parliamentary Committees in Democracies: Unit 5 Parliamentary Committees & the Lawmaking Process

Learning Objectives Discuss the functions of parliamentary committees in the law-making process; List challenges that confront parliamentary committees in the law-making process.

Fundamentals of the Lawmaking Process May vary by legislature, esp. between bicameral and unicameral legislature but there are fundamental steps. These are: 1. Introduction & First Reading 2. Committee Stage & Second reading 3. Consideration & Third reading 4. Royal Assent or Presidential Assent

Intro and First Reading of Bill Parliaments receive proposed law or bill from state institution; Parliamentary leadership follows procedure to present the bill to the house. e.g. formal notice may be required and the Clerk or presiding officer also reads the title of the bill; this is termed the 1st Reading.

Committee Stage & Second Reading After first reading, bill may be referred to committee for detailed work (committee stage) Public may be involved in this process Public & institutions may be asked to send inputs, public hearing may be held. Committee members then have the opportunity to make proposals for amending the bill. The committee may present its report to the House. The bill is then read for the second time and debates commence. (Second reading)

The German Bundestag - “Committee Responsible” The committee is responsible for: further handling of this bill must follow the Rules of Procedure of the German Bundestag recommend to the Bundestag a decision is obliged to attend to matters referred to it. Source: Schreiner, H.J. & Linn, S. (2006) The German Bundestag: Functions and Procedures. NDV

Consideration & Third Reading The Consideration Stage: The whole house discusses the bill in detail. Debate on the bill is carried out clause by clause Proposed amendments are debated Arguments are made to support or reject amendments New suggestions can be made to amend a clause. The debate process might allow Members to speak more than once to a question proposed by the chairperson.

Consideration & Third Reading (cont.) Committee reports form background that informs debate Timeline must elapse between committee & consideration stage for effectiveness Third reading follows motion for bill to be read for third time In bicameral parliaments, bill goes to next chamber Once agreement on Bill, it is submitted for presidential or Royal assent.

Presidential or Royal Assent Clerk ensures bill reflects all relevant amendments and recommendations; Amended versions are printed & certified as true copies; Required copies presented to the King/Queen/ President. Presidential or Royal seals are affixed and the head of state assents bill by placing signature under text “I hereby signify my assent to this bill” or “The queen wishes it.” Where head of state does not agree with portions or some clauses of the bill, s/he may refuse to assent to the bill.

Clerk must know & have the skills to answer: 1. What is the mandate of the committee on this bill? 2. Does the committee have the power to divide one clause into two? 3. How do you postpone the consideration of a clause? Do you need a motion? 4. Do you need to give notice of amendment in committee? When and how? 5. What is the procedure for introducing or withdrawing an amendment? 6. In what order should amendments be called, which amendments are admissible and which are not and why? 7. What is the procedure for communicating committee minutes of proceedings to the House?

Committee Clerks & the Lawmaking Process Committee Clerks must: Know procedure for law-making process especially for committee stage and the consideration stage of a bill. Assist the committee chairperson and committee members in their work in moving and debating amendments to the bill. Know the specific order in which bills must be looked at. Ensure that the minutes of proceedings of the committee are properly captured and reflect true occurrence at the meeting

Challenges with Parliamentary Committees Policy & committee mandates evolve; Changes demand deliberation & oversight; a challenge for young democracies; Inadequate resources can hinder progress; Changing faces create challenges of clarity of mandate; Relationship between committees and government ministries can be daunting when rules of engagement are not well established.

Unit 5 Questions What are the key stages in the parliamentary law-making process? What functions do parliamentary committees play in the law-making process? What are the common challenges faced by parliamentary committees in the law-making process?