1. LEGISLATIVE-EXECUTIVE RELATIONS Rick Stapenhurst World Bank Institute

2. OVERVIEW OF PRESENTATION  Core Functions of Legislatures  Types of Legislative Systems – and Ways in Which Legislatures Hold the Executive to Account  The Budget Cycle + The Legislature (Ex-Ante)  The Budget Cycle + The Legislature (Ex-Post)  Conclusions

3. Reminder : Core Functions of Legislatures  The Legislative Function  Passing Laws  Participation in Public Policy Making  The Oversight Function  Holding Governments to Account The Representative Function  Representing Constituents

4. Types of Legislative System  Parliamentary System  Executive “in the Legislature”  Semi-Presidential System o Presidential System  Executive separate from thed Legislature

6. Heart of Executive-Legislative Relations : The Budget Process

7. 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.  However, in most countries the legislature exerts often considerable influence over the budget through the amendment process.  Proactive budget 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

8. 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.  However, in most countries the legislature exerts often considerable influence over the budget through the amendment process.  Proactive budget 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

9. The Budget : Amendment powers: a survey (from Krafchik + Wehner)

10. Case Study : Parliamentary Oversight (Commonwealth Countries)  54 countries in the Commonwealth  “Old” Commonwealth (UK, Canada, Australia, New Zealand) + the New  The “Large” (India, Pakistan, Bangladesh) + the “Small” (Caribbean, Pacific Islands)

11. Conceptual Approach: Key Actors and their Relationships Auditor General Parliament Executive Reports Examines Accountability Relationship PUBLIC FINANCIAL ACCOUNTABILITY

12. Conceptual Approach…cont. : Fiduciary Obligations Explained Parliament, PAC and public audit  Parliament holds ‘power of the purse’ and obligation to hold the Executive to account  Public Accounts Committees oversee use of public funds & resources by Executive  Do this by examining public accounts

13. Conceptual Approach…cont. : Fiduciary Obligations Explained Mandates of PACs :  PAC mandate determined by Rules/ SOs, some case by Constitution  Narrow Focus - financial probity and regularity  Wider Focus - value for money, perf. audits, program effectiveness  Other matters can be referred to PAC

14. Conceptual Approach…cont. : Fiduciary Obligations Explained PAC and the Auditor General  PAC work often determined by the AG reports  PAC must decide follow-up issues  An effective PAC = depts. taking AG concerns more seriously  Cooperation with AG on follow-up = greater accountability  Ensures Depts. are taking corrective action

15. Current Situation in the Commonwealth ( Recent Empirical Work):  Recent CPA study on PACs – The Overseers  - similar issues, developments and challenges across Commonwealth  Key issues : Status of PAC, Relations with the AG, Membership, Training/ Capacity-Building, Resources, Working Practices, Reporting and Follow-up

16. Current Situation in the Commonwealth: Common Features:  Average size = 11 MPs  Size reflects party in legislature.  2/3 of Chairs from an opposition party; and 1/3 from the governing party  Prime focus on Public Accounts & reports of AG.  PAC reports generally available to the public.  Generally, PAC hearings are open to the public and media.

17. Current Situation in the Commonwealth : Success Factors*  A broad scope  Power to select issues w/o gov’t direction  Power to report, suggest improvements, and follow-up  Strong support from AG, MPs and research staff that creates a unity of purpose about PAC work. * Based on recent World Bank survey

18. Current Situation in the Commonwealth: Common Challenges:  Highly partisan climate  Government dislike of legislative oversight  Lack of media or public involvement  Lack of a strong ethical base for public service

19. Conclusions:  The legislature is a key player in promoting good governance  Input into, and passes legislation  Input into and oversees the budget process  Holds government to account  Provides a voice to citizens at the highest level of the state  But…..