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PARLIAMENTARY OVERSIGHT Niall Johnston Parliamentary Consultant
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Fiduciary Obligations Explained Parliament, committees and public audit Parliament holds ‘power of the purse’ and obligation to hold the Executive to account Specified oversight committees oversee use of public funds & resources by Executive Do this by examining public accounts
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Fiduciary Obligations Explained Mandates of oversight committees Mandate determined by SOs, some case by Constitution Narrow Focus - financial probity and regularity Wider Focus - value for money, performance audits, program effectiveness Other matters can be referred
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Fiduciary Obligations Explained Committees and the Auditor General Committee work often determined by the AG reports Committee must decide follow-up issues An effective committee = depts. taking AG concerns more seriously Cooperation with AG on follow-up = greater accountability Ensures Depts. are taking corrective action
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Specified oversight committees How can parliament ensure that the budget as approved was properly implemented? Audit report only effective if findings are used to improve public financial management First PAC established in 1861 as an institutional mechanism to close the “circle of financial control” (Gladstone) Traditional focus on regularity and propriety Increasingly also on “value for money”
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First principles: policy neutrality & non-partisanship PAC not to question underlying policy Main interaction with departmental officials In practice, often difficult to separate administrative and political responsibility Inter-party co-operation and preference for unanimity in decisions Opposition chairperson in 67% of PACs
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Some challenges How ensure follow-up? Tracking reports or chapters Departmental report backs Use of audit findings for budget approval Co-operation with civil society How strengthen relationship with AG? Parliamentary liaison offices Some AGs Officers of Parliament How deal with varying quality of reports? Skills enhancement & sufficient funding Parliamentary and AG networks for mutual learning
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Oversight : The Budget Process “The development, deliberation and passage of a budget with both legislative and executive participation represents one of the vital checks and balances of democracy” Budget development is typically the domain of the executive branch. Proactive estimate committees can seek public input into the budget planning cycle Public Accounts and other oversight committees, often chaired by a member of the opposition, oversee the integrity, economy, efficiency, and effectiveness of government financial management
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Heart of Executive-Legislative Relations : The Budget Process
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Defining Oversight Financial Oversight: Linked to budget review and budget cycle Exante and Exposte review finance / budget, Public Accounts committees Traditional approach Linked to ‘power of the purse’ Program Oversight: Linked to changes in budgeting and financial scrutiny / accountability Greater emphasis on linking budget, expenditure and delivery Greater role for sectoral committees Demands greater coordination of oversight
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Challenges to Oversight: Resources Staff, information, money Possibly requires structural changes Information Access / Retrieval Greater oversight demands more information and timeliness of information Information demands not always met Requires “alternate sources” Planning by committees Change from reactive to proactive oversight Strong leadership of committee Partisanship Non-partisanship helps build consensus Consensus within committee On issues to be examined Political support
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Opportunities for More Effective Oversight: Improved Resources for Committee: Role of Parliamentary Service Boards Separate budget for parliament Professionalization of staff – especially committees and research staff Development of “coalitions” to assist committees Media Civil society Research groups World Bank / IMF / donors
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Opportunities – Information Access Availability of timely and accurate information Makes oversight “real” and relevant Also takes foresight Access to Information Laws Increase Parliament’s position to acquire information from Executive on expenditures, programs Improves overall accountability through increased transparency Research and committee staff Support and “feed” committees Coalitions / partnerships for information “Alliances of accountability” Civil Society Think Tanks Donors
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Opportunities – Improved Planning Use existing legislative “frameworks” Budget Cycle Legislative Agenda Policy Pipeline Help committees to be more proactive Especially for sectoral committees and program oversight Help to determine “issues” for committees to consider Requires greater cross-party cooperation Select ‘key’ or ‘strategic’ issues to consider Cannot look at all issues Requires coordination, use of sub-committees
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Key Questions for consideration: Financial / Programmatic oversight or both? How are revenues and revenue predictions scrutinized? Main Challenges to Oversight in your parliament? How are you overcoming these? Are there country-specific lessons?
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