Parliamentary Training for Commonwealth Countries

Parliamentary Staff
Training for
Commonwealth
Countries


Introduction: Why do
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.



1.
2.

A proposed law or bill is
introduced
Members debate
1.
2.

3.

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


Scrutiny by Parliament


Oversight of the executive






How do they implement the law?
Is the executive accountable?
Do they have a clean budget?

Scrutiny of bills



Examine delegated legislation



Monitor the work of government departments



Research issues of public concern

The Parliamentary Debate
The Process
Step One: Motion

1.

Proposal to the House
Building block of parliamentary procedure

a.
b.

Step Two: Move a motion with a
seconder
Step Three: Motion put on Order
Paper
Step Four: Debate

2.
3.
4.

Publicize motion to Members
Speaker gives opportunities to support &
oppose
Speaker takes up amendments
Result:

a.
b.
c.
d.
I.

II.

e.
f.

5.
6.

Subsidiary motions, e.g. amendment to the
motion
Procedural motion

Reopen points
Make decision

Step Five: Vote
Step Six: If agreement,
resolution of the House.

The Facts:
Time for debate may be limited.
Votes may be taken by voice, head
count or electronically.
A Member who is speaking is

allowed to continue without
disturbance.
Personal or pecuniary interests
should be declared.


Daily Business in Parliament
Standing Orders dictate parliamentary business.
This varies by country, but usually includes:









New Members affirmed
Messages from Head of
State
Announcements by Speaker
Speaker or Minister present
papers
Reports of committees
presented
Petitions by Member for
citizen
Questions to prime or govt.
Minister

Motions for Leave of
absence










Condolence on death of
Members
Ministerial statements
Personal statements by
Members
Questions of privilege
Motions of public business
without notice
Motions of public business
with notice
Private Members’ business
Adjournment


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?
1.
2.
3.
4.
5.
6.

7.

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 do 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

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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