Parliamentary Training for Commonwealth Countries

Parliamentary Staff Training for Commonwealth Countries Introduction: Why parliamentary staff need training?  No experience as a parliamentarian Assist parliamentarians to:      Grasp responsibilities Understand institution of parliament Understand laws  Legislative process  Adhere to codes for elected officials (assets, gifts, etc.) Understand support systems within parliament  Learn about international networks Parliament, laws, and national and international practice always changing What is Parliament? legislative branch of a government  Parliament is the  It creates laws  It monitors the executive office  It cooperates with the executive, judiciary, and public  Members are  elected Members of the legislature represent their constituents in government What does Parliament do? Parliament’s main roles are:     Legislation – Debating and passing all laws Scrutiny – Examining and challenging the work of the government Debate – Members discuss government policy, proposed legislation and current issues Enabling the government to levy taxes The Parliamentary Machine        House – The Legislative & deliberative body Ministries – Specialized governmental departments (e.g Health, Education) Committees – Groups of MPs who carry out specific tasks to help parliament stretch its resources in people and time Presiding Officer – Individual who impartially oversees debates (Also speaker, president, or chair.) Clerk – Advisor to the presiding officer and chief administrative officer Auditor General – Scrutinizes the executive, esp financially Editor of the Hansard – Keeps the official record of parliamentary debate Upper House House Leader Counselor Auditor General House Leader of the Opp Lower House Presiding Officer Parliament Editor Hansard Ministers Committees Comr for Admin Staff Librarian Types of Legislative Systems Unicameral Bicameral  One legislative  Two legislative chamber chambers  Equal power  Often small state,  One chamber superior unified voice  Second chamber  Checks and balances represents constituents by committees  Checks and balances performed by lower house The Law and Parliament: Making the Law Parliament is charged to meet the needs of society with a well-ordered & just code of governance Proposed legislation (bills) First reading Second reading Committee report to the House Third reading Assent by the Head of state The bill becomes act The Law and Parliament: Scrutinizing the Law  Support or Criticize draft legislation      + Convince people of the measure - Force sponsor to rethink measure Oversight Keep performance and accountability checks on executive Monitor funds The Law and Parliament: Adhering to the Law Rules: Standing orders – Say how parliament should conduct its business Can be amended with a simple majority vote Sessional orders – Procedural rules that lapse at the end of a session Monitored by: Speaker – Ensures that parliamentarians adhere to rules of debate Serjeant at Arms – Responsible for physically enforcing the orders of the speaker Ethics committees – Monitor gift giving, nepotism, and other legal violations by parliamentarians Legislation: What is it? Legislation – Law enacted by a legislature or other governing body   A proposed law or bill is introduced Members debate Single law or statute Collective body of enacted law Member or Executive proposes legislation Members Debate, & amend then pass or not Amend Vote to pass or not Assent Assent by Head of State = Act of Parliament Parliamentary Officers: The Clerk      Known as the Secretary General in many parliaments Advises the presiding officer on procedural matters Chief administrative and accounting officer of the institution Responsible for all record keeping of the deliberations of parliament Protected by the constitution to ensure independence of action Parliamentary Officers: Presiding Officer  What he or she does    • • • •  Impartially oversees procedure of debate Allows Members to express views Regulates time for debate Administers chamber and buildings Chairs certain parliamentary committees Acts as Head of State in absence She is unbiased and nonpartisan What he or she is called   Speaker Sometimes president, chairman and chair  How he or she gets there     She is MP who is elected by peers in secret ballot with at least 50% vote Assumes position if she is the Vice President Nominated from outside Parliament by Head of State or Parliament The powers       Suspend MP from proceedings of the House Remove MP from Chamber Expunge words from the record Order media not to report words struck from the record Use a casting vote to resolve a deadlock In certain countries sign a passed bill into law Who am I? Some people call me the comptroller too I am defined by financial scrutiny I certify the accuracy of government accounts I report on these accounts My job is very sensitive and important I am so special that usually the constitution protects my independence and freedom I am an officer of parliament, though not appointed by that administration The Auditor General! Parliamentary Officers: The Serjeant at Arms Responsible for security Physically enforces the orders of the Speaker          Chief law enforcement officer Maintains order on the floor Escorts official guests Leads parliament to joint sessions, or wherever parliament may go as a body Has custody of the mace and gavel Protects members Provides services including facilities, information security Parliamentary Officers: The Editor of Hansard     Keeps the official record of parliament’s debates! His or her work underpins the operations of a well-organized parliament! Rely on the Editor Sometimes the Editor’s seniority is equivalent to the Serjeant at Arms Parliamentary Officers: The Commissioner for Administration • • • • • Often called the Ombudsman The investigator of complaints of maladministration Not a critic of government policy… The reporter of important cases to parliament Usually protected under the constitution Parliamentary Officers: The Leader of the House o o o o o A government Minister Helps to Safeguard privileges & procedures of the House The leader of the party with majority control Works with the Speaker & the government Chief Whip Coordinates ideas for votes A Place for the Opposition The Opposition: o Acts as an alternative government o Can present bills o Scrutinizes operations of executive o Applies constructive criticism to government o Keeps alternative policies in view o Can present bills (not money) o Presents feelings of ignored sectors of society o Exposes alternate positions with civil society and pressure groups o Leader of largest opposition party has special position in Parliament as Leader of the Opposition Committees: Who needs them? The Job: • Review bills & scrutinize the executive • Oversee executive • Perform special tasks more easily than full chamber How it’s done: • Standing committees • • • Select committees • •  Scrutinize bills Examine legislation Specific Issues of major public concern Administration Environment, Food & Rural Affairs Regulatory Reform Armed Forces Finance Science & Technology Culture, Media & Sports Home Affairs Public Enterprises Defense Health Trade & Industry Education & Skills Public Accounts Transport Joint committees  Both houses in bicameral legislatures Common Committees: What these committees do? Parliament and the Media  What media? Print, audio-visual & electronic  Why?  What ensures this? Strong watchdog       link with the community; Parliamentary reports presented fairly & without bias Continuous good relations Well-defined rules of coverage Access to press gallery Interviews & briefings Information to media on issues Privilege in Parliament: What’s in it for MPs? • • • • Privilege Immune from courts Guaranteed freedom of speech in debate Protected from actions for libel in the courts Freedom from arrest • • • • • Responsibility Follow rules Strengthen public confidence Do not exchange a view for a fee or reward Declare financial & other interests Attend meetings International Networks for Parliament         Commonwealth Secretariat and CFTC The Commonwealth Parliamentary Association Inter-Parliamentary Union Parliamentary Centre (Canada) World Bank Institute National Democratic Institute (US) International Institute for Democracy and Electoral Assistance The United Nations Development Program Improving your parliament: Things to Consider Consider these questions in terms of your own nation: Does your country have a personal development program for parliamentarians? Do they work with international networks of parliamentarians? Do they know the laws you are responsible for upholding? Improving your parliament: Things to Consider (cont.) Are they familiar with the procedures for making new laws? What does your parliament for disenfranchised groups? What sort of resources does your legislature have to make your job easier? (e.g library) What would you like it to have? Improving your parliament: Things to Consider What committees you have in your parliament? What is your parliament’s relationship like with the media? ... a view for a fee or reward Declare financial & other interests Attend meetings International Networks for Parliament         Commonwealth Secretariat and CFTC The Commonwealth Parliamentary. .. administration The Auditor General! Parliamentary Officers: The Serjeant at Arms Responsible for security Physically enforces the orders of the Speaker          Chief law enforcement officer Maintains... Parliamentary Association Inter -Parliamentary Union Parliamentary Centre (Canada) World Bank Institute National Democratic Institute (US) International Institute for Democracy and Electoral Assistance