1. Parliamentary Committees in Democracies

2. What is Parliament? The national legislature
A group of elected people, mandated by citizens to represent them at the national level
Members of Parliament make & change laws

3. Parliamentary Function
Oversight
Authorizes, or chooses not to, the executive policy, e.g. budget
Subjects executive plans, policies and actions to public debate
Representation
Represents the opinions and interests of the citizens
Lawmaking
Enacts laws by subjecting issues of public interests to debate
Draft, modify, & ratify public policy into law

4. MPs Work For and In…
Constituency: Articulate concerns of constituents, push for policies, enact laws to improve constituents’ standard of living & welfare.
Chamber: Attend sittings, contribute to debates, pose questions to Ministers and make statements on the floor of the House
Party and Caucus: Participate in Party Caucus activities, promote party's cause, ideology and interest in Parliament.
Committee: Develop knowledge & requisite skills in focus area of committee; contribute to in-depth analysis, review of public policy.

5. What are parliamentary Committees?
Commissions or councils –smaller groups of MPs
Allow parliament to perform several functions simultaneously
Allows for detailed investigation and discussions
Allow in-depth review of policy matters or bills
findings of committee meetings inform debates and conclusions on floor of the House

6. The Role of Parliamentary Committees
Vary from country to country depending on
Governing system
Political party strength & organization
Resources available
Standing orders define mandate and functions
Power to
Take evidence
Call for documents
Send for persons.

7. Common Characteristics of Parliamentary Committees
Focal points for legislation & oversight
Not decision-making bodies, except in internal proceedings
Report recommendations and conclusions to the chamber for decision

8. Types of Parliamentary Committees
Permanent committees
Function & composition indicated in rules of the House.
Membership could be for the entire term of parliament
Ad Hoc Committees
Reviews particular policies or bills
Dissolves when work is complete
Committee of the Whole
Entire membership of the house
Reviews an issue chaired by speaker or chairman other than the speaker

9. Parliamentary Staff and Committee Effectiveness
Needs:
Procedural
Administrative
Drafting & reviewing bills
Accurate information
Expert opinion and analysis
Participants:
Secretariats
Committee clerks
Librarians
Researchers
Subject experts
Legal draftsmen

10. Factors for an Effective Committee
A clear mandate
Size of the committee –too large or too small renders it ineffective
Skills of the chairperson -must manage activities and meetings
Quality of support staff & resources available to committee
Consensus building – effective non-partisan consensus building techniques

11. Numbers, Size & Composition of Committees
Varies from country to country
Parliamentary size has little bearing on number of committees
Examples
Grenada - House with only 15 MPs has several committees
British House has 646 MPs; its PAC Committee has 16 Members,
German Bundestag has 614 MPs; its Budget Committee has 41 members.
No strict rules on composition
Representation similar to House E.g. Ghana uses formula based on the proportions of majority and minority representation in the House
Frequency of membership changes vary by country
Membership per parliamentary term or revised every year.

12. Committee Chairperson
Appointed/elected - key in effectiveness of Committee
Presides over committee meetings, ruling on procedural etc.
Deals with disorder among MPs or public admitted to hearings
Answers oral questions in the House on behalf of committee
Signs committee reports & requests appearance of witnesses
Controls the hearing of evidence & directs proceedings
Works with the government and members of the committee on legislation; and
Maintains open communication channels with all members.

13. Qualities of an Effective Chairperson
Competence
Flexibility and Adaptability
Firmness & Decisiveness
Honesty and Dependability
Openness
Source:Ogle’s qualities of good leadership
Fairness
Tolerance
Patience
Humility
Stamina
Source:Ogle’s qualities of good leadership

14. Staff Support for Committee Effectiveness
Basic administrative & clerical support
Specialized officer support
Need support in procedural issues
Ensure that committees scrutinize legislation and conduct inquiries
Must use professional librarians, researchers and subject specialist
Liaise with clerks to respond to MPs and prepare briefing papers
Must be non-partisan
Present unbiased, factual, accurate, up-to-date information
Promote core values of quality & integrity
Communicate institutional mandate & services clearly
Continued dialogue, & informal face-to-face discussions

15. Consensus Building: Members Must…
Trust each other
Encourage contributions from all members
Allow the expression of different opinions
Agree on agenda & expectations
Clear rules
Discuss opinions
Clear compromise
Clear strategies for repeating processes to reach consensus
Uphold decisions made
Extracts from Building Consensus

16. Administrative Support May Include…
List and prioritize committee activities
Draw up agenda and notices of meetings
Record attendance
Distribute information & papers
Support fact-finding & oversight missions
Support public hearings
Draft & circulate minutes of meetings
Assist in preparing committee reports
Draft press releases
Publish committee reports
Prepare Order Paper entries
Ensure committee decisions are implemented

17. Effective Administration needs…
Accurate and speedy processing of papers & reports
Attention to detail
Strong organization
Accurate information from convoluted discussions
Strong comprehension
Good language and writing skills
Understand the rules and procedures
Familiar with resources

18. Parliamentary Procedures
Definition: Rules, precedents, and practices used in deliberative assemblies.
Intent: Maintain decorum, ascertain majority will, preserve minority rights, and facilitate orderly business transactions
History: Rules of procedure originated in Britain in the 16th and 17th centuries, adopted by legislatures around the world.
Robert's Rules Order, codified in 1876 by U.S. Gen. Henry M. Robert (1837 – 1923) is the standard set of rules used by legislatures in the U.S.
Source: http: //

19. Procedural Issues Oversight Evidence gathering
Committee interaction with the public
Paper processing
Chairperson election
Voting procedures
Membership procedures
Chairperson’s functions and powers
Committee’s mandate, functions & powers;
The formation of a quorum
Legislative processes
Executive accountability

20. Requirements for Sound Procedural Advice & Guidance
Understand constitution
Know rules of the legislature
Be familiar with principles & committee rules
Understand committee procedures & conventions
Understand political system
Know the basis for non-political advice in politics Understand political dynamics
Know constitutional rules and framework
Have experience

21. Research & Info Needs of Committees
Need access to timely, up-to-date, accurate & well-researched information for effective decision making.
Information is essential to highlight policy alternatives and draw attention to policy consequences.
Access to information is a prerequisite for in-depth analysis and debate.
Research generates independent information

22. Sources of Information for Committees
Government sources of information
Professional staff of Ministries, Departments and Agencies,
Monitoring and Evaluation
Independent sources of information
Team of professionals who generate information

23. Committee Research and Information Needs…
Why?
To improve the quality of their decisions;
To obtain independent unbiased information;
Provides committees access to comprehensive information;
Requirements?
Collaboration among legislative researchers, subject experts, librarians and committee staff.
Types:
Pure research – Intellectual and may or may not have practical application
Applied research – Helpful in solving a problem, has practical application
Action research – Immediate applicable solutions to the issue under investigation.

24. The Research Process
Identification of problem or issue to be investigated;
Research design – designing the measurement strategy, identification of the target group, selecting methods of investigation etc;
Data collection and analysis – actual collection of information from the target group and analysis of data gathered;
Interpretation of results and reporting findings.

25. Research Tools The Library and its resources Techniques of measurement
Statistics
The computer and software
Clarity of Language

26. Political Considerations
Political ad social knowledge
Clear understanding of political background of issue under investigation;
Perspective of committees, political party groups, relevant stakeholders, society at large should be considered.

27. Technical Considerations
Be conversant with current policies & arguments;
Make arguments in context of local, national, international perspective;
Understand alternative perspectives.

28. Ethical Considerations
Objectivity;
Ethics and morality;
Quality of information;
Clear options;
No bias by researchers.

29. Categories of Research Tools
Scientific Skills – Information seeking, structuring, collection and analysis skills.
Creative skills- critical analysis & thinking, synthesis, evaluation, and communication skills.

30. Parliament & the Lawmaking Process
Legislative powers are vested in parliament
Often the Executive initiates bills but parliament scrutinizes
Public, Private and Hybrid bills must be reviewed and passed by parliament before they become law
Parliamentary procedures for passing bills often require committing such bills to committees

31. Lawmaking Process: Fundamental Steps
Legislative process may vary by legislature but fundamental steps are:
Introduction and First Reading
Committee Stage and Second reading
Consideration and Third reading
Royal or Presidential Assent

32. Steps to the First Reading of a Bill
Parliaments receives proposed law or bill
Parliamentary leadership follows procedure to present the bill to the house
The Clerk or presiding officer also reads the title of the bill
This is termed the 1st Reading

33. Committee Stage and Second Reading
May be referred to committee where detailed work is carried out (committee stage)
Public may be asked to send inputs, public hearing may be held
Committee members may propose to amend the bill
Report may be presented to the House
Bill is read for the second time; debates commence

34. Consideration & Third Reading
Consideration Stage: The whole house discusses the bill
Debate carried out by clause
Amendments debated
Arguments made to support or reject proposals
New suggestions are made
Might allow Members to speak more than once to questions proposed by chairperson.

35. Consideration & Third Reading
Committee report forms crucial background to inform debate
Timeline must elapse between committee stage & considerations stage for effectiveness
Consideration stage is followed by third reading
In most bicameral parliaments, the bill then goes to the next chamber where it is taken through similar stages
Once agreement on Bill content, it is submitted to appropriate office for presidential or Royal assent.

36. Royal Assent or Presidential Assent
The Clerk ensures that the bill reflects relevant amendments & recommendations.
Amended versions printed & certified as true copies;
Copies presented to the King/Queen/ President.
Presidential or Royal seals are affixed and the President/Queen/King assents to the bill by placing signature
“I hereby signify my assent to this bill” or “The queen wishes it.”
President or the King/Queen may refuse to assent to the bill.

37. Committee Clerks & the Lawmaking Process
Clerks need knowledge & skills to help committee address questions such as:
Does committee have power to divide one clause into two?
How do you postpone the consideration of a clause? Do you need a motion?
Do you need to give notice of amendment in committee? When and how?
What is the procedure for introducing or withdrawing an amendment?
In what order should amendments be called, which amendments are admissible and which are not and why?
What is the procedure for communicating committee minutes of proceedings to the House?

38. Committee Clerks & the Lawmaking Process (Cont.)
Committee Clerks must:
Know the procedure for law-making process, especially committee & consideration stages of a bill;
Assist committee chairperson and members in moving & debating amendments to the bill;
Know order in which bills must be looked;
Ensure minutes are properly captured.

39. Definition of Accountability
Ability to provide an explanation or justification, accept responsibility for events, transactions or one’s own actions in relation to these events or transactions.
Plays an important role in public sector.
About giving an answer for how money is spent, power exercised, and rights mediated.
Fundamental that power holders are required to exercise responsibility in public interest, and according to law.
(Source:

40. Personal, Institutional & Public Accountability
Personal Accountability: Individuals are held accountable for their decisions and actions.
Institutional Accountability: An organization is accountable for its performance or behaviour.
Public Accountability: Embraces the examination of the conduct of individuals in institutions of authority.

41. Accountability Requirements
Necessary to achieve intended purpose. Such as requirements to:
Meet statutory obligations
Meet audit requirements
Be able to produce evidence in court proceedings
Be able to withstand the scrutiny of the media
Meet industry-based standards for accreditation or quality assurance standards
Justify actions to investigative bodies such as Royal Commissions and parliamentary committees

42. Parliamentary Accountability…
…is premised on parliament as the representative arm of government which has the duty to provide checks & balances on the activities of the executive on behalf of the citizenry.

43. Mechanisms for Parliamentary Accountability
Committee systems: Systematically sustain scrutiny of the executive for accountability & transparency.
Question periods: Compels executive to account for how it administered the state.
Oversight roles: Allows legislature to scrutinize and publicize instances of executive malfeasance.

44. Challenges with Parliamentary Committees
Evolving policy & committee mandate
Changes demand integrated deliberation & oversight
Inadequate resources
Changing faces of parliamentary committees can create challenges of clarity of mandate
Committee & ministry relations

45. Measures for Effective Accountability
Strengthening MPs’ access to research and information
Strengthening political parties
Strengthening parliamentary oversight activities
Strengthening committee systems
Building the capacity of parliamentary staff
Building the capacity of MPs
Providing centres, such as libraries and research centres

46. Partnering for Accountability
Establish healthy relations with watchdog orgs, like civil society groups, media, electorate and public.
Assess information, documentation, and encourage participation

47. The Role of Committee Staff in Accountability
In oversight, staff can function to:
Access information for committee members;
Conduct research in issues of national interest
Provide expertise;
Draft legislation;
Advise parliament on policy issues;
Bring experience.

48. Strengthening Committees
Committees can have a profound effect on accountability by:
Limiting turnover of committee chairs and members;
Strengthening committee research capacity; and
Amending regulations to ensure that committees can compel members of the executive branch to testify
Source:

49. Parliamentary Transparency
Oversight needs accountability & transparency to ensure parliamentary democracy is open & has rule of law
Transparency invokes need to reach constituents

50. Parliamentary Transparency Requires
All representatives with access to parliamentary processes;
Public accounts verifiable;
Public participation in government policy-making;
Contestation over choices impacting citizens;
Accurate and timely information on results of policy for public;

51. Transparency Revolves around:
Information management
Decision-making;
Whistle blowing, ethics;
Relations between civil society and constituents;
Parliamentary networks; and
Assets declaration.

52. Information Flow & Transparency
Consult & involve public in work of parliament, through:
open communication so views of public are heard.
Consulting public defines issues addressed by parliament

53. The Media & Parliamentary Transparency
Covers parliamentary proceedings & disseminates information;
Can act as a medium for committees to reach public;
Can cover public hearings;
Exists as a medium through which public can reach parliament & government.

54. The Relationship Between Transparency & Accountability
Transparency requires making public accounts verifiable, providing for public participation in policy-making and implementation;
Accountability and transparency are essential for securing effectiveness in:
use of public resources;
promoting public welfare,
enhancing governmental responsiveness.

55. Transparency & Committees
Mechanisms assuring transparency:
Keep all records of proceedings;
Make summaries of proceedings available to public;
Avail the public of transcripts;
Avail members’ votes to public;
Publish plain language summaries of oversight;
Hold public hearings on bills.
Hold public hearings on policy issues;
Publicize public hearings;
Publish invitations to public to attend or submit;
Invite expert testimony;
Issue press release;
Open proceedings to public;
Establish active petition committees
Involve civil society in committee work.

56. Committee Outreach
Provides members of committee with assessment of situation. For example:
Oversight Committees from 10 Parliaments assessed social services provided to communities.
Social Accountability through Community Score Card and Citizens’ Report Card were adopted offering committees opportunity to interact and work with stakeholders
Brought Parliamentarians closer to people in oversight responsibilities.
Aided committees in making informed arguments for reforms in government policies and programmes.

57. Accessibility to Constituents
A requirement to fulfill democratic & constitutional obligations
Continue to know the needs of the people;
Report to people the laws that affect them as well as answers to their needs;
Account to the people; and
Be available to citizens to offer and receive advice on specific needs.