Theparliamentarian

TheParliamentarian

Journal of the Parliaments of the Commonwealth 2015 | Issue Four XCVI | Price £13 Democracy and Pluralism

PLUS Digitising Democracy Reform Act comes Questions of Role of Public Accounts in the UK Parliament into force in Canada Conscience for Committees in the Parliamentarians Pacific Region

PAGE 268 PAGE 276 PAGE 280 PAGE 292 INTERNATIONAL PROFESSIONAL DEVELOPMENT PROGRAM FOR PARLIAMENTARY STAFF Developed by the World Bank in partnership with McGill University, this program prepares effective parliamentary personnel to lead sustainable government institutions.

The program combines an intensive one-week residency in Montreal, Canada, with the following online courses: • Public Financial Management • Parliamentary Research and IT • Corporate Management of Parliament – Part 1 • Parliamentary Committees • Corporate Management of Parliament – Part 2

WHO SHOULD ATTEND The Program is designed for mid-level parliamentary staff with the potential to reach the highest levels of parliamentary management.

2016 - 2017 Residency Seminar: May 16 - 20, 2016 McGill University, Montreal 5 Online Courses: September 2016 - June 2017 Start with Residency Seminar or with Online Courses

REGISTRATION INQUIRIES: Telephone: 514-398-5454 | E-mail: [email protected] PROGRAM INQUIRIES: Dr. Frederick (Rick) Stapenhurst: [email protected] | Ms. Vienna Pozer: [email protected] LEARN MORE AND REGISTER AT: WWW.MCGILL.CA/SCS-PARLIAMENT

Statement of Purpose The Commonwealth Parliamentary Association (CPA) exists to connect, INTERNATIONAL PROFESSIONAL DEVELOPMENT develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance, and implement the enduring values of PROGRAM FOR the Commonwealth. PARLIAMENTARY Calendar of Forthcoming Events Confirmed at 20 November 2015 STAFF 2015 Developed by the World Bank in partnership with McGill University, this program prepares effective parliamentary personnel to lead sustainable government institutions. November The program combines an intensive one-week residency in Montreal, Canada, with the following 23-24 November Commonwealth Women’s Forum 2015 – Valetta, Malta online courses: rd • Public Financial Management • Parliamentary Research and IT 24-26 November 33 Australia and Pacific Regional Conference - Darwin, Northern Territory, Australia • Corporate Management of Parliament – Part 1 • Parliamentary Committees 27-29 November Commonwealth Heads of Government Meeting (CHOGM) 2015 – Valetta, Malta • Corporate Management of Parliament – Part 2

WHO SHOULD ATTEND December The Program is designed for mid-level parliamentary staff with the potential 8-10 December Parliaments and Extractive Industries with World Bank Group - London, United Kingdom to reach the highest levels of parliamentary management. 14-17 December Asia, India and South East Asia Region Benchmarks Assessment - Perak, Malaysia 2016 - 2017 Residency Seminar: May 16 - 20, 2016 2016 McGill University, Montreal 5 Online Courses: September 2016 - June 2017 February

Start with Residency Seminar or with Online Courses 1-3 February Asia Regional Seminar on the Role of Parliamentarians in the Promotion and Protection of Human Rights - Colombo, Sri Lanka

The publication of a Calendar of Commonwealth Parliamentary Association (CPA) events is a service intended to foster the exchange of events and activities between Regions and Branches and the encouragement of new ideas and participation. Further information may be obtained from the Branches concerned or the CPA Secretariat. Branch Secretaries are requested to send notice of events and conferences to [email protected] in advance of the publication deadline to ensure the Calendar is accurate.

Further information can also be found at www.cpahq.org or by emailing [email protected].

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The Parliamentarian: VIEWS & NEWS FEATURE Journal of the Parliaments of the Commonwealth COMMENT ARTicles Vol. XCVI 2015: Issue Four The Parliamentarian ISSN 0031-2282 Editor’s Note The Acting Inclusive Democracy Issued and published by Page 242 Secretary-General’s and Pluralism the Secretariat of the Commonwealth A Perspective from Guyana Commonwealth Parliamentary Page 258 Association (CPA), Suite 700, View from the CPA Photo Gallery Westminster House, Chairperson Pages 249-251 7 Millbank, London Chairperson’s Speech at CPA Inclusive Democracy SW1P 3JA, United Kingdom Africa Regional Conference CPA 61st General and Pluralism Tel: (+44-20) 7799-1460 Page 244 Assembly and A Perspective from India Fax: (+44-20) 7222-6073 Page 262 Email: [email protected] View from the CWP Executive Committee 61st General Assembly and www.cpahq.org Digitising Democracy Chairperson Executive Committee Meetings How the UK Parliament is Consequences of Corruption take place in London, United Editorial Board: embracing digital technology on Women Kingdom Mr Joe Omorodion Page 268 Page 246 Pages 252-257 Acting Secretary-General & Director of Finance and Parliament, the Administration View from the Acting Secretary-General Member and the Media Ms Meenakshi Dhar Democracy and Pluralism in the A Harmonious or Harmful Relationship? Director of Programmes Commonwealth today Page 248 Page 272 Mr Jeffrey Hyland Editor, The Parliamentarian Reform Act comes [email protected] into force in Canada The relationship between Images: CPA and Shutterstock. Parliament and the party system Front cover image: Shutterstock Page 276 305140991.

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PARLIAMENTARY Annual subscription REPORT (four issues) UK: £40 inc. postage. Worldwide: £42 surface post £48 airmail

Establishing Anti- Role of Public Parliamentary Price per issue Corruption Practices Accounts Committees Report UK: £13 Featuring parliamentary Worldwide: £14 surface post in the Pacific Region in the Pacific Region £15 airmail A view from GOPAC Establishing the Pacific reports and third readings Page 278 Network of Public Accounts from Canada, New Zealand, Disclaimer Committees (PaNPAC) Australia and India Opinions and comments Page 292 Pages 297-311 Questions of Conscience expressed in articles and for Parliamentarians Book Review reviews published in The Can Parliamentarians vote CPA Conferences, Parliamentarian are those of Question Time India with their conscience? the individual contributors and Seminars and Events Page 312 Page 280 Photo Gallery should not be attributed to the Pages 295-296 Secretariat of the Association. Rules for Commonwealth Parliamentary Contributors Parliamentarians Thank you to all contributors Recent developments concerning Association (CPA) for this issue. Codes of Conduct for Members Organisational Page 282 Structure CPA International Printed in: United Kingdom by Executive Committee and Warners Midlands, PLC; Parliament and the Commonwealth Women New Delhi, India by Jainco Art Indian Economy Parliamentarians (CWP) India, and Singapore by Times Yesterday, Today and Tomorrrow: Steering Committee Members Printers Private Limited. A perspective on India’s growth Page 314 economy Page 288

The Parliamentarian | 2015: Issue Four | 241 editor’s note

Democracy and Pluralism in the commonwealth

The Editor’s Note

The overall theme of the Commonwealth reports on the recent Meeting of Public Accounts Parliamentary Conference this year was due to be Committees of the Pacific Region in New Zealand ‘Pluralism and Inclusive Democracy’ and it is a theme and the establishment of the Pacific Network of that will remain for some time as Commonwealth Public Accounts Committees (PaNPAC). Parliamentarians examine how the Commonwealth Hon. Rob Pyne MP (Queensland, Australia) can remain relevant in today’s society. provides an opinion piece on questions of This issue of The Parliamentarian features two conscience for Members and how the party system detailed examinations of this theme from two doesn’t always allow for freedom of expression for different regions of the CPA. Members. Hon. Amna Ally MP (Guyana) looks at how Dr Chris Bourke MLA (Australian Capital Parliamentarians can renew the commitment Jeffrey Hyland, Editor Territory) examines the recent developments to pluralism and inclusive democracy in the The Parliamentarian, concerning Codes of Conduct for Members and their Commonwealth with a unique view from the only Commonwealth impact on Members in the Legislative Assembly. country in the Commonwealth in South America; Parliamentary Association Shri Satya Narayana Sahu (India) studies the Hon. K. N. Rai, Speaker of the Sikkim Legislative Indian Economy and how its growth has impacted Assembly (Sikkim, India) examines pluralism and on both India itself and on the world economy. democracy from the region of India sandwiched high in the Himalayas The Chairperson of the CPA Executive Committee, Hon. Dr where India meets China. Shirin Sharmin Chaudhury MP (Bangladesh) shares her speech at On the theme of Parliament and the Media, the Speaker of the the 46th CPA Africa Regional Conference in Nairobi, Kenya and the UK Parliament, Rt Hon. John Bercow MP (United Kingdom) shares Acting Secretary-General of the CPA, Mr Joe Omorodion outlines the findings of theSpeaker’s Commission on Digital Democracy and how democracy and pluralism is linked to Parliaments across the how democracy can be enhanced through digital media. Hon. Barry Commonwealth. House MLC (Western Australia) looks at the relationship between This issue of The Parliamentarian also includes a report on the Parliament, the Member and the Media. CPA 61st General Assembly and Executive Committee meetings Following the recent elections in Canada, retiring Parliamentarian which took place in London, UK and a report on the appointment Russ Hiebert (Canada) looks at how the Reform Act, passed in of the new Secretary-General of the Commonwealth Parliamentary the last Canadian Parliament, will affect the relationship between Association. Members and the party caucuses in Canada. The Parliamentary Report in this issue includes parliamentary and Corruption, in many different forms, is an ever present and difficult legislative news from Canada, British Columbia, India, New Zealand problem to tackle across the Commonwealth. Former Parliamentarian and Australia as well as a book review from the Parliament of India. and Secretary to the Global Organization of Parliamentarians Against I look forward to hearing your feedback and comments on the Corruption (GOPAC), John Hyde (Western Australia) outlines the publication as we move into 2016 and if you would like to suggest anti-corruption practices being established in the Pacific Region to any future themes or contributions to the Journal then do please get help tackle these issues. in contact. The Chairperson of the Commonwealth Women Parliamentarians, Rt Hon. Rebecca Kadaga, MP (Uganda) shares her View on the Jeffrey Hyland Consequences of Corruption on Women. Editor, The Parliamentarian Hon. Rick Nelson Houenipwela MP (Solomon Islands) [email protected]

242 | The Parliamentarian | 2015: Issue Four Editor’s Note

Justin Trudeau MP speaking at an election rally of the Liberal Party of Canada in October 2015 in Brampton, Canada ahead of his election as the new Prime Minister of Canada - see page 298 for report.

The Parliamentarian | 2015: Issue Four | 243 view from the CPA chairPERSON

CHAIRPERSOn’S AFRICA SPEECH View from the Chairperson of the CPA Executive Committee

Chairperson’s Speech at the 46th CPA challenges, prospects of achieving gender parity’ were Africa Regional Conference, Nairobi, excellently received. Here in Africa, there are true Kenya, August 2015 beacons for gender parity in Parliaments - Rwanda, Cameroon, South Africa, Mozambique, Seychelles, KARIBU! It is a great honor to be here, on Tanzania and Uganda. Having reached the CHOGM the occasion of the 46th African Regional target of 30% representation in Parliaments – you Conference. It is also a great honor to be in this are an example to us all. beautiful city, Nairobi in Kenya. I have a vision for the CPA. A unique platform Supporting Parliaments of Parliamentarians of Commonwealth countries, it I hope you agree that it goes without saying that a has great potential to effect innovative changes in well-resourced Parliament is essential of effective addressing the common concern for ensuring the Hon. Dr Shirin Sharmin governance. The CPA is committed to providing welfare of the people, building stronger democratic Chaudhury, MP, Chairperson training opportunities for Parliamentary Staff to institutions, advocating for good governance and of the CPA Executive enable them to provide the support needed to accountability and sharing good practice. Committee and Speaker of strengthen the intuition of Parliament. In 2013, the the Bangladesh Parliament. CPA provided a Parliamentary Staff Development Supporting Youth Seminar in collaboration with Kwazulu Natal, in South Promoting ‘Young Commonwealth’ is the Africa. This year, we need a host to come forward, to theme of the Commonwealth. CPA is working ensure that the Region can benefit from the training to facilitate young parliamentarians and also available to better resource Parliament. I know that the youth to give young people a platform to raise a range of issues there have been Parliamentary staffers who have participated in that impact their lives. Only last year, the CPA in collaboration with a joint CPA-McGill University course earlier this year – good luck the North-West Provincial Legislature in South Africa, held the 6th with your further work and I am proud that the CPA has offered this Commonwealth Youth Parliament in November 2014. This year, in opportunity to professionally develop staff. November 2015, the 7th Youth Parliament will be held in the Northern Thank you to the Mauritius Parliament for working with the Territories of Australia. I know that already, there has been enormous CPA and the World Trade Organization to support hosting a crucial interest by our young people to be involved in this endeavor. We also workshop on Trade which covered issues including trade facilitation, look forward to welcoming two young participants who took part in the multilateral trading system and future challenges. the 6th Commonwealth Youth Parliament to the next Commonwealth I, for one, attended a Global Economic Challenges conference Parliamentary Conference. I am sure they will gain a lot from the held in my own region, and I know that the CPA and the IMF are experience, and we will also gain from them. working towards holding a similar workshop for the Africa Region. I urge you to take full advantage of this opportunity to share your Supporting Women experiences, challenges and to make parliament work towards I was delighted to be a part of the Commonwealth Women achieving a better budget that will do more for your people. Parliamentarians (CWP) meetings that took place over the last From making a budget work to scrutinizing government spending, few days. I would like to take this opportunity to pay homage to the Parliament’s role is central. That’s why the CPA will be supporting, CWP Chairperson, Rt Hon. Rebecca Kadaga MP, Speaker of the for the 6th year, the West African Association of Public Accounts Parliament of Uganda. Your work supporting the CWP is excellent Committees – a network of PACs and a platform to share information and I commend you for your initiative in creating the CWP Strategic and knowledge. WAAPAC has a lot of potential and will make a Plan. Here in the Africa Region, CWP Steering Committee Member, very significant contribution to the quest for value for money in Hon Lucia Witbooi MP, from the Namibia Branch – thank you for your public spending, effective scrutiny and oversight and enhancing work in furthering the cause for women in Parliaments. the assertiveness and power of parliaments in holding government Here in Kenya, the CWP convenor, Senator Beatrice Elachi – spending to account. We are proud to support this network. thank you for hosting us – your deliberations on the topic of ‘Women The CPA is also excited to support Parliaments to undertake their and Leadership in Africa 20 years post Beijing platform for action; key scrutiny functions – we hope that a Branch in the Region will

244 | The Parliamentarian | 2015: Issue Four VIEW FROM THE CPA CHAIRPERSON

agree to host the next phase of work on the Extractive Industries and Above: Hon. Dr Shirin Sharmin Chaudhury, MP, Chairperson of ensuring money trickles down from the extractive industry to the most the CPA Executive Committee meets with the President of the needy in society. CPA Africa Region, Rt. Hon. Justin B. N. Muturi MP at the 46th The CPA will support Agriculture Committees in their quest CPA Africa Regional Conference, Nairobi, Kenya, August 2015 for ensuring food security. The CPA will support work around Constituency Development Funds, to ensure that the most effective development agenda framework. It is time for Parliamentarians of the model is in place that brings real benefit to your electorate. Commonwealth to voice the needs and aspirations of the people they We will support parliamentarians to make use of new information represent in this process. communication technologies to better enhance their work in I would therefore, like to propose to the Executive Committee Parliament, to reach out to constituents and to legislate ICTs, is to consider the idea of putting forward a proposal, highlighting the crucial in a globalized world where the immediacy of information is position of the Commonwealth on development issues like food essential to much of our work. security, climate change, gender equality, eradication of poverty, We will support efforts around Climate Change, where we can access to health care, water and sanitation, energy crisis, peace and ensure policies are in place to tackle the devastating effects, and put security etc. before the CHOGM in November, 2015 in Malta. These in place measures to minimize and mitigate the impact. I am delighted are all areas in which the CPA has demonstrated a commitment. that the Africa Region will be represented at all of these important It is important that the governments making commitment at global CPA symposiums. level take account of the concerns of the Parliamentarians and our More generally, I hope the Region has benefited from work the Association is an excellent platform in which to do so. CPA has undertaken around Benchmarks for Democratic Legislatures I would therefore, request all Members to consider the thoughts and the Benchmarks for Codes of Conduct for Parliamentarians. that I have shared with you. Your valuable suggestions and inputs These tools will undoubtedly help guide your Parliaments in building will further fortify our efforts in promoting democratic governance, public trust in the institution and enhancing good practice in your rule of law, sustainable, inclusive and equitable development, through parliaments. proactive parliaments and vigilant Parliamentarians across the Following elections, the CPA has been proud to deliver Post- Commonwealth. Election Seminars in 2014 in Malawi and Swaziland. Building Let us work together in making CPA proactive, relevant, dynamic capacity of newly elected members is essential to their performance and visible in its effort to make a positive difference in the lives of of their democratic duties. the people of the Commonwealth by materializing their common As Parliamentarians, we are in a phase of transition. Moving away aspirations. from the Millennium Development Goals (MDGs) to the Sustainable Development Goals (SDGs), effectuating a shift in the global

The Parliamentarian | 2015: Issue Four | 245 VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON Consequences of Corruption on Women View from the Commonwealth Women Parliamentarians (CWP) Chairperson

Dear readers of The Parliamentarian, it is always enrolment for their children, obtaining a health a gratifying opportunity for me to share with insurance card or trading license, taking out a loan or you my view on behalf of the Commonwealth getting medicines or an examination by a doctor. Add Women Parliamentarians (CWP) on contemporary a layer of corruption to gender-based discrimination phenomenon that touch on the lives of our people and these routine transactions become difficult. within the Commonwealth and beyond. Sharing In such situations, poor women often cannot pay experiences and dialoguing on the way forward are, bribes and some are forced to pay with sexual services after all, some of the principle tenets of the CWP. or find a male patron to secure basic rights and services. The topic today, the ‘Consequences of Similarly, corruption at the macro-level in Corruption’, holds massive relevance in the good the political arena, in public sector contracting, governance systems which we, as Parliamentarians in transnational business transactions and in strive to promote in our respective jurisdictions. I was Rt Hon. Rebecca Kadaga, MP development aid processes also compounds the therefore quite surprised that it’s a topic we hadn’t Chairperson of the discrimination women already face in these spheres. given due credence in some of the recent issues of Commonwealth Women the Journal. Of course this also reminds us of the Parliamentarians and Speaker Consequences of Corruption on Women in the various global challenges of our time which we must of the Parliament of Uganda Political Arena face and find solutions to, collectively. Worldwide, women are underrepresented as voters The consequences of corruption are negatively immense and and candidates in elections. In the histories of most nations, women devastating. I sometimes get dismayed when some development were legally prevented from casting ballots or standing as candidates. professionals argue that corruption can have a positive effect Today, even though these laws have been repealed almost by generating parallel and neutral economic flows. Beyond the everywhere, women still face barriers in politics due to corruption. argument that corruption is necessary to ‘grease the wheels’ of the In the absence of strong campaign finance laws or oversight, many economy, they see corruption as a ‘positive’ (economically, socially) candidates receive money from sources that are corrupt or potentially and ‘redistributive’ force. However, the bottom line is that corruption corrupt. Not only are the sources of funding often not disclosed but has a corrosive impact on growth and business operations; it causes sitting public officials, the majority of which are men, sometimes inequality and affects income distribution; and also affects the overall abuse government resources like office space, materials, phone and governance and business environment. internet access and voter lists in their campaign operations. That is from the economic perspective; our prime concern as the Since women are less likely to be tapped into the ‘old boys’ CWP lies with the plight of women. For that reason, the central thesis of network’ when they stand as candidates, they have a marked my article in this issue will be the consequences of corruption on women. disadvantage against those with money and access. Corruption is denoted as an inducement to do wrong by improper Similarly, candidates with access to money and power can bribe or unlawful means and exists on all scales through bribes exchanging voters directly with food, cash and clothing or threaten to withhold hands in interpersonal transactions, through to leaking local and basic services if people do not vote for them. There is one particular national coffers and transnational deals made outside of, or in spite case in Mexico, for example, where voters were threatened with of, regulatory mechanisms and oversight. the withdrawal of subsidies under the state poverty-alleviation While some may assume that corruption is gender-neutral in terms programme, Progresa, if they voted for the opposition. of lack of ethics and resource-depleting impact, research shows Many voters also face electoral fraud and vote stuffing when that corruption aggravates the discrimination already experienced they go to the polls. For instance, in the 2008 national elections in by women as a marginalized group in society. By and large, this Pakistan, due to power imbalances within the home, men were able aggravation occurs as women attempt to take part in decision-making to take the identity cards of their female relatives, dress up in burqas, processes, seek provision of and protection for their rights and gain and go to the polling stations to cast extra votes as women. Party- control over resources. This is mirrored in the enormous challenges and affiliated workers working in concert with these voters oversaw the inequalities suffered by female candidates during electoral processes. stations, and they did nothing to prevent or rectify this fraud. Principally due to their social roles as caretakers, many women I am proud of the heroines who have resisted the evil of corruption may be familiar with petty corruption of the kind that forces them against women in the political arena. In Kenya, political candidates to pay bribes for things like accessing utilities, securing school like Green Belt Movement leader, the late Wangari Maathai provided

246 | The Parliamentarian | 2015: Issue Four VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON a counterexample to this ‘business as usual’ in politics by building a other means to get water and ward off ensuing health and sanitation strong grassroots base of mainly women voters and small donors to challenges due to lack of clean, potable water. succeed in elections. Corruption, however, is not just confined to elections. The ongoing Consequences of Corruption on Women in Transnational Business presence and strength of lobbyists ensures that those with the ability Transactions to offer money and gifts gain privileged access and undue influence Dear readers, before the formulation and adoption of the OECD Anti- on policymakers. Bribery Convention in 1999, not only was it legal for companies to pay Also, once in power, high-level politicians, most of whom are men, bribes to foreign public officials to secure contracts, they received tax often experience immunity from persecution and enjoy immense breaks from their home governments for doing so. Today this is illegal, personal power. For example, many heads of state have not been but the process of prosecution is so expensive and cumbersome that adequately tried and prosecuted for their part in war crimes, including such bribery continues, often through the smokescreen of intermediaries. the use of rape as a weapon of war. The arms trade and energy sector are particularly vulnerable to On a day-to-day level, many high-level leaders also cannot be held this form of corruption. Because of its stealthy set-up, it has been accountable for their lack of delivering basic goods and services like complicated to hold companies accountable for illegally selling arms food, water, electricity and medicine to their citizens. Here, with little to public officials, and the flood of arms into many countries has access of channels of accountability alongside growing burdens as increased civilian violence and overall militarism, in which women and caretakers, women bear the brunt of providing for such goods and children are often victimized. services when governments or their contracted suppliers fail to deliver. In the energy sector, as poor countries discover oil or gas reserves, the proceeds often seep into pockets of public officials and intermediary deal brokers. Artificially high prices for fuel are set, and “While some may assume that this, in turn, also inflates costs of fuel-dependent goods such as food. corruption is gender-neutral in As women are most often the ones to compensate for changes in the cost of living, the burden of corruption’s effects bear down on them. terms of lack of ethics and resource- depleting impact, research shows Consequences of Corruption on Women in Development Aid Conversely, development aid can fuel corruption. Civil society that corruption aggravates the organizations in countries with weak governance and large influxes discrimination already experienced of aid have warned that foreign assistance can sometimes present perverse incentives to invest in sectors and projects not prioritized by by women as a marginalized group the receiving governments. Aid can also distort salary structures and in society.” create opportunities for corruption by the private sector in countries where regulatory mechanisms are weak. Consequences of Corruption on Women in Public Sector Contracting Gender-differentiated impacts also ensue. For example, in the 1960s Research has shown that on average approximately 70% of central and 1970s, donor countries and agencies, and their private sector government expenditure turns in one-way or another into contracts. subsidiaries, including pharmaceutical companies, largely managed Contracts are sources of power to those who give them out, and population control projects in the developing world. Sterilization and targets of ambition for those who may receive them, making them largely untested contraceptives were the primary means used to control particularly prone to abuse at the expense of public need. population growth - in contrast to investment in sexual and reproductive Moreover, public contracting is one way in which public policy is health education and comprehensive services that accounted for the implemented, and it is an enormous and lucrative area of business. socio-economic realities of women’s lives. In some cases, relatively weak Think of pharmaceutical companies vying to supply a government governments were unable to push back on such policies whereas in vaccination program, the privatization of a government-owned other cases, public officials in receiving countries were fully cooperative, telecommunications company, or the awarding of contracts to pocketing some of the aid and profit for themselves. reconstruct destroyed infrastructure in Iraq. Nevertheless, aid can also serve as an anti-corruption force Most of the awarding of contracts takes place through the not through conditionalities but by building strong transparency, informal meeting spaces of the ‘old boys’ network’ rather than open accountability and regulatory systems. Implementing such an agenda and fair bidding processes. Women who, in addition to being shut out takes foresight, skill and cooperation on the part of both donors and of these networks, have a hard time obtaining credit and licenses to recipients and some international donors are taking active steps to start and grow businesses are rarely contenders for these contracts. implement anti-corruption measures. Meanwhile, since genuine efforts to serve the public interest and As the Commonwealth Women Parliamentarians (CWP), we provide accessible, affordable services are often not the foremost condemn all these acts of corruption whose consequences not only criteria for awarding contracts, public funds are misused, fair weigh heavily on the shoulders of women but also carry the potential competition is distorted and basic needs are neglected. of putting their lives at risk. We continue to lobby Parliaments within Again, women are often forced to compensate with their time and the Commonwealth to carry out strict oversight of government labour. For example, when private sector leaders with relationships to business in order to curtail the evil of corruption. public officials are brought in to manage water distribution in some I wish to stop here but not before I wish all of you our dear readers, countries, water is either not delivered or distributed at exorbitant a merry forthcoming festive season. costs. In addition to mobilizing to resist this, women have to find

The Parliamentarian | 2015: Issue Four | 247 VIEW FROM THE acting SECRETARY-GENERAL & director of finance and administration DEMOCRACY and PLURALISM View from the Acting Secretary-General & Director of Finance and Administration Inclusive Democracy and Pluralism is defined as“a conviction mechanisms for asset recovery, technical assistance and information that various religious, ethnic, racial, and political groups should be exchange, and mechanisms for implementation of the Convention. It allowed to thrive in a single society.” It is one of the key tenets of the was signed by 140 countries and as of November 2015, there are 177 Commonwealth of Nations. parties, which includes 174 UN member states, the Cook Islands, the Pluralism as a political philosophy is “the recognition and affirmation State of Palestine and the European Union. of diversity within a political body, which permits the peaceful coexistence Within the Commonwealth, the Commonwealth Secretariat works of different interests, convictions and lifestyles. Political pluralists are with governments and national authorities to help them root out not inherently liberals (who place equality as their guiding principles) or systemic corruption and uphold transparency and accountability. conservatives (who place liberty and tradition as their guiding principles) The Commonwealth Africa Anti-Corruption Centre was established but advocate a form of political moderation. Nor are political pluralists in Botswana in February 2013 in partnership with the Government necessarily advocates of a democratic plurality, but generally agree that of Botswana, which provides professional learning and capacity this form of government is often best at moderating development programmes for anti-corruption discrete values.”1 agency department heads and officers. One of the key questions facing Parliamentarians There is clearly a role for Parliamentarians today is ‘How can Parliamentarians help to renew the in tackling corruption and ensuring that good commitment to pluralism and inclusive democracy in governance is a key principle of all countries. the Commonwealth?’ Parliaments can ensure that governments are One of the ways that this can be assured is held to account and that legislation is in place that to implement the recently agreed Sustainable will prevent corruption and ensure transparency. Development Goals (SDGs) of the United Nations Parliamentarians can also ensure that there is active which aims to “ensure responsive, inclusive, participatory participation and cooperation between parliaments, and representative decision-making at all levels” government and civil society. (16.7), “develop effective, accountable and transparent The Commonwealth Parliamentary Association’s institutions at all levels” (16.6) and “substantially reduce role in mobilising Parliaments, Legislatures, Members corruption and bribery in all its forms” (16.5). Mr Joe Omorodion and Parliamentary staff to enhance knowledge and A focus of promoting democracy and pluralism Acting Secretary-General understanding of good democratic governance is the work being undertaken to tackle corruption & Director of Finance and the institutional and professional development across the world. and Administration of of its membership builds on the principles of the The first global legally binding international the Commonwealth Commonwealth and helps to advance the commitment anti-corruption instrument is the United Nations Parliamentary Association to inclusive democracy and pluralism. Convention against Corruption (UNCAC, 2003), a The CPA provides a unique means of regular multilateral convention negotiated by members of the United Nations consultation and enabling forums among Members, fostering which requires that countries implement several anti-corruption cooperation and understanding and promoting the study of, and measures which may affect their laws, institutions and practices. These respect for, good parliamentary practice. measures aim at preventing corruption, including domestic and foreign In the challenging times ahead for the global community, our commitment bribery, embezzlement, trading in influence and money laundering. to inclusive democracy and pluralism becomes ever more important. Furthermore, the UNCAC is intended to strengthen international law enforcement and judicial cooperation, providing effective legal 1 Pluralism Liberal Democracy’ ISBN 080188215X

61st GENERAL ASSEMBLY AND EXECUTIVE COMMITTEE In October 2015, the 61st General Assembly of the CPA and Executive Committee Meetings took place in London, United Kingdom. Mr Karimulla Akbar Khan was recommended to the 61st General Assembly by the Association’s International Executive Committee to be appointed as the new Secretary-General of the CPA. Mr Khan will take up his post from January 2016. A report about the 61st General Assembly appears from page 252. On a personal level, the last 15 months as Acting Secretary-General has been both rewarding and privileged. My colleagues and I at the CPA Headquarters Secretariat have not only maintained but strengthened, under the effective direction of the CPA International Executive Committee, the Association’s corporate governance, transparency and accountability reporting arrangements and practices. We have moved forward the corporate and business planning practices, and performance measurement routines of the Association. I am humbled to have been in a position to act as a ’strong bridge’ between the 6th and 7th CPA Secretaries-General, with the strongest levels of reserves being available to continue the funding and implementation of the Association’s constitutional and strategic mandates. We at the CPA Headquarters Secretariat are, therefore, delighted at the appointment of Mr Khan as the 7th CPA Secretary-General since 1911. We wish him every success in his role and look forward to working with him from 1 January 2016.

248 | The Parliamentarian | 2015: Issue Four The Acting Secretary-General’s Commonwealth Photo Gallery

All images above and left: The CPA Acting Secretary- General, Mr Joe Omorodion visited the Parliament of the Republic of Fiji ahead of their re-instatement as a CPA Branch Member in January 2016 and met Hon. Dr Jiko F Luveni, Speaker of Parliament of Fiji (left); Mrs. Viniana Namosimalua, Secretary-General to Parliament and Mrs. Jeanette Emberson, Deputy Secretary-General (top left); and also held a meeting with Women Parliamentarians. The Acting Secretary-General joined the Speaker and Parliamentary Officials at the swearing-in ceremony of the new President of the Republic of Fiji, Major General (ret’d) Jioji Konousi Konrote (top right and top centre). The CPA Acting Secretary-General met with Mr Roderick Drummond, British High Commissioner and High Commissioners from New Zealand, Australia and Kiribati (above left) and also met with the UNDP Pacific Deputy Resident Representative, Akiko Fujii and Dyfan Jones, Parliamentary Development Specialist (left). Image credits: Fiji Parliament News and CPA Images.

Above and right: The CPA Acting Secretary-General and Director of Finance & Administration, Mr Joe Omorodion has visited the CPA Cook Islands Branch on a goodwill tour of the Pacific Region. During the visit, the Acting Secretary-General met a number of dignitaries including the Acting Prime Minister of the Cook Islands Government, Hon. Mark Brown MP (right); the Leader of the Opposition, Hon. William Heather Jnr and other Members of Parliament (above) and the Speaker of the Cook Islands Parliament, Hon. Niki Rattle MP (above right) who is also a Regional Representative for the Pacific Region on the Executive Committee of the CPA.

The Parliamentarian | 2015: Issue Four | 249 The Acting Secretary-General’s Commonwealth Photo Gallery

Left: Ahead of COP21 Climate Change Conference in Paris, Commonwealth Parliamentarians gathered for the CPA Legislators Expert Workshop and Meetings on Climate Change in London, UK organised by the CPA Secretariat in partnership with the United Nations Environment Programme (UNEP). The Workshop opened with speeches by Mr Joe Omorodion, Acting Secretary-General of the CPA; Elizabeth Maruma Mrema, Director, UNEP; Marianna Balshakova, UNFCC; and Malini Mehra, Globe International.

Left: Hon. Shirley M. Osborne MLA, Speaker of the Montserrat Legislative Assembly and Ms Judith Baker, Clerk of the Montserrat Legislative Assembly visited the CPA Secretariat and met with the Acting Secretary- General & Director of Finance and Administration, Mr Joe Omorodion during a visit Above and below: Mr Shola Taylor, to the UK and Isle of Man Secretary-General of the Commonwealth Parliaments. Telecommunications Organisation (CTO) accompanied by Mr Lasantha De Alwis, CTO Left: Malaysian Member of Director and Head of Operations visited the CPA Parliament, Shamsul Iskandar Secretariat and met with Mr Joe Omorodion, Acting Akin MP visited the CPA Secretary-General & Director of Finance and Secretariat and met with Administration and Ms Meenakshi Dhar, Director of Director of Programmes, Ms Programmes along with other staff members. Meenakshi Dhar to discuss the CPA’s work.

Left: The Acting Secretary-General & Director of Finance and Administration, Mr Joe Omorodion welcomed distinguished visitors from the state of Andhra Pradesh, India to the CPA Secretariat led by the Speaker of the Legislative Assembly of Andhra Pradesh, Dr Kodela Siva Prasad Rao and the Clerk of the Legislative Assembly with Honourable Members.

250 | The Parliamentarian | 2015: Issue Four The Acting Secretary-General’s Commonwealth Photo Gallery

Right: Parliamentarians from India, Jamaica, Kenya, Pakistan and Zambia meet the Acting Secretary-General of the CPA, Mr Joe Omorodion as they attend the CPA Workshop on the Role of Parliamentarians in Constituency Development Funds (CDF) at the CPA Secretariat in London, UK.

Below: The CPA Trustees Meeting was held at the CPA Secretariat attended by Hon. Clare Christian, President of Tynwald, Isle of Man; the CPA Treasurer, Hon. Request Muntanga, MP from Zambia; and Mr Joe Omorodion, CPA Acting Secretary-General & Director of Finance and Administration.

Right: The Acting Secretary-General of the CPA, Mr Joe Omorodion welcomed six clerks from the Legislative Assembly, Uttar Pradesh, India; House of Commons, Canada; Legislative Assembly of Western Australia; Parliament of New Zealand; and Legislative Council Secretariat, Hong Kong to the CPA Secretariat staff to find out about the work of the Association.

Right: The Acting Secretary-General & Director of Finance and Administration, Mr Joe Omorodion met with the Speaker of the Parliament of New Zealand and CPA Branch President, Rt Hon. David Carter MP (far right) together with Hon. Paul Foster-Bell MP (near right), Regional Representative for the Pacific Region and Mr Steve Cutting, Regional Secretary for the Pacific Region.

Below right: The Acting Secretary-General and Director of Finance & Administration, Mr Joe Omorodion welcomes youth delegates to the 7th Commonwealth Youth Parliament, hosted by the Legislative Assembly of the Northern Territory in Darwin, Australia.

Below: Hon. Christine Fyffe, MLA from the Parliament of Victoria, Australia visited the CPA Secretariat to discuss her work with Ms Meenakshi Dhar, Director of Programmes.

The Parliamentarian | 2015: Issue Four | 251 Commonwealth Parliamentary Association (CPA) 61st General Assembly and Executive Committee Meetings take place in London, United Kingdom All images: CPA Secretariat

The 61st General Assembly and Executive Committee of Assembly to receive the CPA Annual Reports and to conduct the Commonwealth Parliamentary Association (CPA) has the governance-related matters relating to the Association been held from 30 September to 6 October 2015 in London, including the appointment of the new Secretary-General of United Kingdom. the Commonwealth Parliamentary Association. The CPA Chairperson, Hon. Dr Shirin Sharmin This was followed by the new CPA Executive Committee Chaudhury MP, Speaker of the Parliament of Bangladesh during which the new Vice-Chairperson, Hon. Shirley chaired the CPA Executive Committee meetings in London Osborne MLA, Speaker of the Legislative Assembly of with the Executive Committee Members representing the nine Montserrat and Regional Representative for the Caribbean, regions of the CPA - Africa, Asia, Australia, British Islands & Americas and Atlantic Region was elected by Members. The Mediterranean, Canada, Caribbean, Americas & Atlantic, India, position of Vice-Chairperson is for a term of one year. Pacific and South East Asia. Members of the outgoing Executive Committee were Executive Committee Members attended various meetings thanked for their work and presented with commemorative including the Coordinating Committee, Finance Subcommittee plaques, provided by the Parliament of Malaysia, by CPA and Planning and Review Subcommittee to review the CPA’s Chairperson, Hon. Dr Shirin Sharmin Chaudhury MP. Annual Reports, Audited Accounts and Budget Planning and The Commonwealth Parliamentary Association connects, the work of the CPA. develops, promotes and supports Parliamentarians and their The Commonwealth Women Parliamentarians (CWP) staff to identify benchmarks of good governance and the Chairperson, Hon. Rebecca Kadaga MP, Speaker of the implementation of the enduring values of the Commonwealth. Parliament of Uganda held a teleconference of the Steering Committee of the Commonwealth Women Parliamentarians For a full list of the new International Executive Committee (CWP) with Members across the Commonwealth. of the Commonwealth Parliamentary Association (CPA) Following the main Executive Committee Meeting, the and the Steering Committee of the Commonwealth Members were reconstituted as the 61st CPA General Women Parliamentarians (CWP) please turn to page 314.

252 | The Parliamentarian | 2015: Issue Four Top left: The CPA Chairperson, Hon. Dr Shirin Sharmin Chaudhury MP consults with the CPA Acting Secretary-General & Director of Finance and Administration, Mr Joe Omorodion during proceedings.

Top right: CPA Executive Committee Members from the India Region (India Union and Punjab, India) attend the 61st General Assembly and Executive Committee Meetings.

Left: Executive Committee Members from the Australia Region (Australian Capital Territory, Northern Territory and South Australia) attend the 61st General Assembly.

The Parliamentarian | 2015: Issue Four | 253 Commonwealth Parliamentary Association (CPA) 61st General Assembly and Executive Committee All images: CPA Secretariat

Above left: CPA Executive Above right: New CPA Executive Committee Members from the Committee Member from the Africa Pacific Region (Samoa, Tonga, New Region, Hon. Emilia Monjowa Lifaka Zealand and the Cook Islands) MP (Cameroon) is welcomed by attend the 61st General Assembly CPA Chairperson, Hon. Dr Shirin and Executive Committee Meetings. Sharmin Chaudhury MP.

Left: New CPA Executive Top of page: CPA Executive Committee Member from the Committee Members from the South East Asia Region, Hon. Dato’ Africa Region (Botswana, Ghana, Noraini Ahmad MP (Malaysia) South Africa) attend the 61st attending the 61st General General Assembly and Executive Assembly. Committee Meetings.

254 | The Parliamentarian | 2015: Issue Four Above and above right: The new Vice-Chairperson of the CPA, Hon. Shirley Osborne MLA, Speaker of the Legislative Assembly of Montserrat and Regional Representative for the Caribbean, Americas and Atlantic Region was congratulated on her election to the position by CPA Chairperson, Hon. Dr Shirin Sharmin Chaudhury MP.

Right: CPA Executive Committee Members from India, Bangladesh and Pakistan.

Below: Members from Malaysia and Singapore (South East Asia Region) and from Tonga and the Cook Islands (Pacific Region).

The Parliamentarian | 2015: Issue Four | 255 Commonwealth Parliamentary Association (CPA) 61st General Assembly and Executive Committee

Above: Members of the outgoing CPA International Executive Committee were thanked for their work and presented with commemorative plaques, provided by the Parliament of Malaysia (right), by CPA Chairperson, Hon. Dr Shirin Sharmin Chaudhury MP. Presentations included: the outgoing Vice-Chairperson of the CPA, Hon. Datuk Seri Dr Ronald Kiandee MP, Malaysia (top left); Hon. Dr Roberta Blackman-Woods MP, United Kingdom (top right); Hon. Russ Hiebert MP, Canada (centre left); Hon. Alban Sumana Kingsford Bagbin MP, Ghana (centre right); Lord Tu’ivakano MP, Tonga (bottom left); and Hon. Abdulla Shahid MP, Maldives (bottom right). All images: CPA Secretariat

256 | The Parliamentarian | 2015: Issue Four New Secretary-General of the Commonwealth Parliamentary Association (CPA) appointed

The 61st General Assembly of the Commonwealth new Secretary-General Parliamentary Association (CPA) has appointed a new Elect is due to take up Secretary-General for the Association. his appointment from Mr Karimulla Akbar Khan was recommended to the 61st 1 January 2016 for a General Assembly by the Association’s International Executive fixed term of four years. Committee, which is made up of representatives of the nine Following the regions of the CPA – Africa; Asia; Australia; British Islands and appointment of Mr Mediterranean; Canada; Caribbean, Americas and Atlantic; Karimulla Akbar India; Pacific; South-East Asia. Khan by the 61st General Assembly, the Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury MP, welcomed the new Secretary-General Elect and said that the CPA Executive Committee looked forward to working with Mr Khan to further the work of the Association in parliamentary strengthening across the Commonwealth. Mr Karimulla Akbar Khan will become the 7th Secretary- General of one of the oldest established organisations in the Commonwealth. The CPA, founded in 1911, is a membership association which brings together Members, irrespective of gender, race, religion or culture, who are united by community of interest, respect for the rule of law and individual rights and freedoms, and by the pursuit of the positive ideals of parliamentary democracy. The Association is made up of 180 Branches across the nine regions of the Commonwealth. It offers a vast opportunity for Parliamentarians and parliamentary staff to collaborate on issues of mutual interest and to share good The Secretary-General Elect, Mr Karimulla Akbar Khan, is practice. originally from Guyana before moving to the United Kingdom. Mr Khan is an honours graduate in English Law (Bachelor of Law LL.B (Hons)) of the University of Reading. He also holds a Master’s in Public International Law (LLM) from Jesus College, University of Cambridge. Mr Khan is a qualified Barrister-at-Law and an Attorney-at-Law. He was admitted to the English Bar in 1990 and the New York Bar (USA) in 2000. Mr Khan has held senior positions with, amongst others, the United Kingdom Foreign and Commonwealth Office (FCO) and at the Commonwealth Secretariat, specialising in International Law. The new Secretary-General Elect succeeds the late Dr William F. Shija, former Minister and Member of the Parliament of Tanzania, who served as Secretary-General of the CPA from 2007 until his untimely death in October 2014. Since October 2014, Mr Joe Omorodion has been the Acting Secretary-General & Director of Finance and Administration of the CPA, a position that he will continue to hold until the new Secretary-General Elect takes up his new position. The

The Parliamentarian | 2015: Issue Four | 257 Inclusive Democracy and Pluralism

Inclusive Democracy and Pluralism: A Perspective from GUYANA How can Parliamentarians help to renew the commitment to pluralism and inclusive democracy in the Commonwealth?

Parliaments are generally government action. A politically Parliamentarians should perceived to be a reflection representative parliament must encourage grassroots of the character of their state, exemplify society in the diversity organisations and other party systems and political of its configuration and must members of civil society to culture. The role of a parliament work with due respect for the become more involved in is to represent the citizens plurality of opinions. discussions and decision making and to reflect their needs and Therefore, Parliamentarians on issues relevant to them. preferences as conveyed have a critical role in promoting Working with political leaders, through elections. pluralistic democracy, no civil servants and members It is a critical institution in any matter how challenging it may of civil society to strengthen modern state, and in democratic be. The coexistence of many their ability to recognise and Hon. Amna Ally states, Parliamentarians have ideologies, religions and cultural advocate for the needs of a wide the power to influence and specificities within society is range of groups — including MP is the Minister of guide policy formulation and the main characteristic of a youth and women, gender and Social Cohesion and frameworks whether it be pluralistic democracy. ethnic minorities, and other Government Chief Whip national or international and It is essential that parliaments disadvantaged groups - is in the National Assembly to lead the country. Therefore, reflect that pluralism within essential in promoting inclusive Parliamentarians can use the community. Every democracy. of Guyana. She was first their influence to strengthen Parliamentarian must be Representation of minorities elected to Parliament in democratic norms and practices cognisant of the fact that every and articulation of their 1985 and is currently a in their countries and facilitate citizen must be able to see that interests in the process of Member of the eleventh the promotion of inclusive they too can participate in the institutionalising inclusive democracy and pluralism. decisions that affect them. Thus, democracy, must be followed parliament. Hon. Democracy as we are aware they should ensure they have by ensuring that such minorities Amna Ally has served was established as the right access to their representatives will thereafter participate as: Shadow Portfolio of everyone to participate in and that they too serve in meaningfully and effectively, for Home Affairs; the management of public Parliament. in the day-to-day processes affairs and entails the existence Parliamentarians can renew of governance. This involves Chairperson of the Social of representative institution their commitment to pluralism securing the normative Services Committee, at all levels. Specifically, a and inclusive democracy by framework at the national Parliamentary democratic Parliament is one playing an active role in reaching level through ratification and Management in which all constituents within out to the public on issues that incorporation of existing society are represented by affect their wellbeing. international standards; Committee, Standing Parliamentarians, and which has This sort of inclusive participation in the development Orders Committee and the essential powers and means democratic approach can of new international standards; also as Shadow Minister to express the will of the people be efficient in promoting an and enshrining them in the of Education and Culture. by legislating and overseeing inclusive democratic state. national constitutional order.

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Minority communities, continuing to be excluded from development, and facing increasingly intolerable impoverishment, are responding by asserting their ethnic identity in their struggles against discrimination, for social and economic justice, for self- determination, and ultimately for secession. Therefore, these are important issues that Parliamentarians must address and seek measures to facilitate in resolving them. We must develop and adopt an attitude of honesty and trust, and promote an open, two-way dialogue. In practice, this involves reaching out to all individuals and groups in the community and allowing them the opportunity to present their interests and priorities. This means engaging respective community leaders, attending community association meetings, taking part in community events, and actively participating in local forums for discussion throughout the country. In these efforts, however, Parliamentarians must be open to new ideas, new concepts and new values that they themselves may not be interested in, or even agree with and must always be open to criticism. This duty also involves facilitating a dialogue between converging interests. Parliamentarians must aim to unite and not divide. It is imperative not to promote any ideology or policy that would incite division among any groups or individuals, but rather to help find common ground and encourage compromises between competing parties. As long as the need to reach out and promote dialogue is established, they must recognise

Right: The Parliament building in Georgetown, Guyana.

The Parliamentarian | 2015: Issue Four | 259 Inclusive Democracy and Pluralism

Above: A historic building in resources such as newspapers, laws that protect individuals and of these laws it will affirm Georgetown, Guyana. television and electronic sources their basic human rights. Some Parliamentarians commitment to that the groups within their of these laws in Guyana include pluralism in society by supporting constituency, state or region The Prevention of Discrimination our multicultural, multi-ethnic that not all groups and individuals can, and actually do, access. The Act 1997, The Equal Rights Act and diverse population while within a diverse society receive dialogue must start somewhere 1990, The Representation of the supporting vulnerable groups. messages in the same way or and it is up to them to deliver People (Amendment) Act 2001, Promoting citizen get their information through the their messages in ways that The Racial Hostility Act 1973 participation through the same mediums. In this regard, it speak to those they represent. and Amendment Act 2002 and Members of Parliaments will is the MP’s duty to accommodate Although promoting pluralism The Persons with Disabilities Act demonstrate Parliamentarians’ these differences and provide can be challenging it is our duty 2010 as well as other provisions commitment to move away from equal accessibility to all. This as elected officials to continue within the Constitution. making central initiatives purely involves such simple actions as to strive for new opportunities to Parliamentarians should the business of governments, taking the time to correspond better represent those who put ensure that these laws are fully by including all citizens in the to others through mechanisms their trust in us and to renew our implemented and that persons processes aimed at integrating that would facilitate their commitment to pluralism and are educated and aware of their them into a system of inclusive comprehension of the issue at inclusive democracy. rights and freedoms that are democracy and pluralism. hand. If any progress is to be made provided for within the laws of It is vital to ensure that the Also Parliamentarians must with regard to encouraging Guyana. Once they can promote various features and diversity be proactive in discovering what pluralism it has to come through the effective implementation of a nation are represented,

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“Promoting to combat fear, intolerance and Therefore, respecting “Parliamentarians extremism. They must promote differences, valuing diversity citizen the fact that Guyanese can learn as a public good, and seeking should take up participation from each other, making our collaboration through the challenge of different traditions and cultures a compromise must become basic through the source of harmony and strength, principles that Parliamentarians locating points of Members of not discord and weakness. They should develop. In addition, balance between should promote the idea that continued commitment Parliaments will there is ’unity and strength in expressed through political competing demonstrate diversity’. will and leadership is one of views and try In addition, Parliamentarians the fundamental aspects of Parliamentarians’ can lobby to ensure that achieving a pluralist society. to compromise commitment to expertise and professional It is evident that social with each other development resources are cohesion is not achieved through move away from provided to educators and the removal of differences, to ensure that making central ministry officials to help them but through recognition that persons within develop school curricula that different, legitimately held initiatives purely celebrate Guyana’s diverse perspectives do exist. society are treated the business of society and promote greater Parliamentarians should take equally and not tolerance and mutual respect up the challenge of locating governments, among groups. points of balance between marginalised or by including They should seek to foster competing views and try to discriminated the equal participation of all compromise with each other all citizens in citizens in the political, economic to ensure that persons within against so the processes and socio-cultural life of the society are treated equally and that a plural state, empowering individuals as not marginalised or discriminated aimed at well as groups to express their against so that a plural and and inclusive integrating them cultural and religious identities inclusive democratic nation democratic within a framework of shared becomes a reality. into a system citizenship. Equitable access Well-intentioned political nation becomes a of inclusive to the market economy and leaders can foster inclusive civic reality.” national prosperity fosters a spaces through public policy. democracy and sense of enhanced wellbeing Shared nationhood depends on pluralism.” and a joint stake in the institution the conscious and consistent of statehood. Therefore, seeking creation of civic spaces, measures to narrow the gaps embodied in states as well as Parliamentary Committees that including regional variations, between haves and have-nots is civil society institutions in which help raise awareness, review ethnic diversity, gender a critical precursor to pluralism citizens of all backgrounds can and assist in promoting specific balance as well as differing which Parliamentarians must literally and figuratively gather issues related to pluralism political and ideological beliefs. seek to promote. It is through and exchange different points and inclusive democracy is Representation of pluralism these mechanisms, the tenet and of view. an excellent mechanism to means that political power is practices of pluralism can foster It is imperative to note that renew their commitment to distributed in a way that gives a more equitable and peaceful ethnic politics can be challenging such essential aspects of a the full spectrum of society a human development. to control once it begins. Thus, democratic nation. credible say in decision making. Parliamentarians must be the abuse of ethnic competition There is no global approach Parliamentarians’ should cognisant of the fact that fairness for partisan political means, or one size fits all formula when ensure that more dialogue, and respect are the principle impedes the possibility of seeking to promote inclusive understanding and compromise cornerstones of pluralism as compromise and intensifies democracy and pluralism. Each are evident in Parliament. This well as mechanisms of balance the threat of violence. To foster nation, is unique and political will certainly be necessary for between the sometimes an inclusive civic identity and leaders must ensure that these values to become stronger competing claims of group involvement in nation building, they work collaboratively to and unite Guyanese of all rights and human rights and the political parties must become formulate strategies, policies and cultural backgrounds. It is the obligations and/or choices implied. more than ethnic links in Guyana. programmes that best fits that only way that true pluralism and Respecting difference depends Political leadership from all specific nation. What may work inclusive democracy can become on a capacity and willingness Parliamentarians’ and political for one may not work for all. the ideals of Guyana. to acknowledge, negotiate and will are required for such a They should also, among accommodate alternative or permanent change. each other, promote dialogue unconventional opinions. Establishing Special

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Inclusive Democracy and Pluralism: A Perspective from India How can Parliamentarians help to renew the commitment to pluralism and inclusive democracy in the Commonwealth?

‘Democracy’ means different a social organisation because Democracy’ allows distribution things to different countries, all groups have to act as if they of political power to minorities different scholars, different value and accept diversity. In and guarantees full participation groups and different individuals. other words, pluralism guards by all citizens. United States of Beetham et al. (2002:11) write, against totalitarianism and against America President Abraham these are the principles that tribalism, though not against tribes Lincoln’s widely quoted saying democrats in all times and asserting their separate identities, “Government of the people, places have struggled for: providing that they accept the by the people, for the people” • to make popular control over equal value of other tribal cultures. itself is a definition of inclusive public decisions both more The majority of Commonwealth democracy if we focus on the effective and more inclusive countries are plural societies, word by rather than of and for. Hon. K. N. Rai is • to remove an elite monopoly where different ethnic, racial In the context of developing, Speaker of the Sikkim over decision-making and its cultural and religious groups live inclusive democracy means benefits and peacefully together. sharing of power and authority Legislative Assembly, • to overcome obstacles, such by all caste/ethnic, gender, India. Previously an Arts as those of gender, ethnicity, Concept of ‘Inclusive Democracy’ linguistic, religious, cultural and Teacher and Headmaster, religion, language, class, Debate on ‘Inclusive Democracy’ regional groups through caste/ he entered politics under wealth, etc. is one of the recent phenomena. ethnic, linguistic and regional • to the equal exercise of Takis Fotopoulos (2001) autonomy and sub-autonomy, Shri Pawan Chamling. citizenship rights finds democracy is incompatible proportional representation and His official positions with concentration of power. He special measures under a federal included: Minister for Democracy is thus not an writes “Inclusive democracy is a structure of government by using Sports & Youth Affairs; all-or-nothing affair, but a matter new conception of democracy, the processes of round table of degree – of the degree to which, using as a starting point conference, right through to self- Chairman Public which the people can exercise a the classical definition of it, determination, referendum and Accounts Committee; controlling influence over public expresses democracy in terms constituent assembly. Government Chief policy and policy-makers, enjoy of direct political democracy, Whip; Minister for equal treatment at their hands, and economic democracy (beyond the Need for Inclusive Democracy have their voices heard equally. confines of the market economy The democracies of the world Rural Management & Pluralism is a state of society and state planning), as well as are faced by major challenges. Development; Political in which members of diverse democracy in the social realm and All political systems, include Secretary to the Chief ethnic, racial, religious or social ecological democracy.” problems related inter alia Minister. He has an MA groups maintain an autonomous Fotopoulos writes further that to sustainable development, participation in and development “an inclusive democracy, which climate change, desertification, in Public Administration of their traditional culture or involves the equal distribution of drought, poverty, energy, and is interested in special interest, within the power at all levels.” food security, water scarcity floriculture, reading and confines of a common civilization. According to the Human and quality, decreasing playing badminton. In a pluralist society, no one group Development Report 2000, natural resources due to or characteristic totally dominates the concept of ‘Inclusive land degradation, population

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dynamics, health, gender processes of governance. ethnic understanding, and Above: Beautiful buddha park at relations, financial and economic To institutionalise inclusive peaceful coexistence; Ravangla, South Sikkim. turbulences and crises, democracy, Parliamentarians • Confidence-building organised crime, war and peace, have immense responsibilities measures by using processes cultural development.” and last but not least human and applied methods. of constitution-making, Democracy, therefore not rights and democratisation. Parliamentarians can materialise electoral reform, law reform only has a political dimension, Today the world is witnessing inclusive democracy by: and judicial reform to develop but also has economic, social a crisis of democratic • participation in the an inter-ethnic normative and cultural dimensions, which governance at all levels: local, development of new consensus at the national are closely interrelated with national, regional and global. international standards level; and development. As the UNDP The crisis is not only for the and enshrining them in the • Constructive-engagement Human Development Report new and restored democracies. national constitutional order; through encouraging and 2000 puts it: “Democracy is It is also important for the old • Securing the institutional developing mechanisms for the only form of political regime democracies as well. framework in the parliament sustained, meaningful and compatible with respecting Indeed all democracies face and other legislative bodies, effective participation by all all five categories of rights - special challenges in multi- the executive, the judiciary, sections of people. economic, social, political, civil ethnic societies in ensuring the institutions of law and cultural.” representation and participation enforcement, national human The International Covenant The ILO Conventions elaborate of minorities, and in protecting, rights institutions, and civil on Economic, Social and the concept of democracy in promoting and realising their society organisation; Cultural Rights and the the workplace by affirming rights. The challenges posed by • Securing the policy International Covenant on Civil basic human rights of freedom ethnic pluralism and minorities framework for protecting and Political Rights convert the of association and equality of to democracies are many. minorities, promoting above democratic values into opportunity and treatment. Representation of such minorities pluralism and preserving legally enforceable rights. International law thus, has and articulation of their interests cultural diversity; Article 1 of the Covenant defined democratic governance in the process of institutionalising • Addressing the special unequivocally affirms that:“All in relation to values, principles inclusive democracy must problems and obstacles peoples have the right of self- and related human rights; and be followed by ensuring that faced by the democratic determination. By virtue of that stresses the interdependence and such minorities will thereafter systems; right they freely determine their inter-relatedness of democratic participate meaningfully and • Constituency-building for political status and freely pursue governance, human rights and effectively, in the day-to-day pluralism, diversity, inter- their economic, social, and sustainable human development.

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“Democratic remedies. This element has Today’s world ethnic transparency and responsibility, with been primarily developed under identity is increasingly viewed due respect for the plurality of views, governance national constitutions and as negative and undesirable and in the interest of the polity.” becomes all the laws which affirm freedom of by governments. Ethnic As a form of government, information, the right to know, identity is increasingly being democracy is the best way of more challenging and the power to act upon such viewed by them as something achieving these objectives; it is also in societies knowledge through exercising to be controlled, co-opted the only political system that has the right to an effective remedy and homogenized. In many the capacity for self-correction. where the need from competent national societies, minority communities, Traditionally, a state’s power is for inclusive tribunals (Universal Declaration, continuing to be excluded is exercised by three separate Article 8). from development, and facing institutions which exist largely democracy, not increasingly intolerable independent of each other only for majority Thus, existing international impoverishment, are responding and which are supposed to law prescribes the normative by asserting their ethnic identity monitor one another thus groups, but also, content of democratic in their struggles against limiting the power of a state: the importantly, for governance through articulating discriminations, for social and legislative, the executive, the the key values and core economic justice, for self- judiciary. Legislative power is minorities and for principles that constitute determination, and ultimately exercised by a (bi- or unicameral) vulnerable and democratic governance. for secession. Democratic parliament. Parliaments are the The challenge of democratic governance must respond to central institution, the ‘heart’ disadvantaged governance lies in the the challenges of ethnicity and of democracy; democratic groups as well.” implementation and enforcement pluralism by becoming more and parliaments reflect democratic of such values, principles more inclusive. societies. Every parliament Such an approach is also reflected and rights. There is usually should be representative, in regional human rights charters a huge gap between laws, Role and responsibilities transparent, accessible, (such as the Inter-American, their implementation and their of democratic Parliaments accountable and effective. European and African Charters) enforcement. The challenge of and their members towards At the national level the and in the national constitutions of democracy is to develop and pluralism and inclusive main roles, functions and most independent member states sustain governance institutions, democracy powers of Parliaments and of the UN. All of these bodies of notably parliament, the executive, Democracy, the political order Parliamentarians include: law reaffirm three key elements of the judiciary, electoral bodies, of freedom, is based on free, fair 1. Making laws, including democracy: the police, national human rights and regular elections enabling constitutional changes • Inclusion and participation. institutions, and civil society the change of government, (legislative power); International human rights law organizations which provide separation of powers, respect, 2. Allocating financial recognises several aspects effective, institutionalized and protection and fulfilment of resources and deciding on of participation: political, sustained implementation of human rights. Democracy is budget and taxation (power economic, civil, social and policies and decisions and realised through a complex set of the purse); cultural. In the context of enforcement of the law. of institutions and practices, 3. Holding governments development, participation Democratic governance which have evolved over time accountable and exercising is affirmed as an inter- becomes all the more challenging and continue to do so. These control of executive actions, dependent means and end in societies where the need is include: a guaranteed framework policy and personnel (power of development and must be for inclusive democracy, not only of citizen rights; effective, of oversight) “active free and meaningful” for majority groups, but also, accountable institutions of 4. Debating issues of national (UN Declaration on the Right importantly, for minorities and for government; an active citizen and international interest and to Development); vulnerable and disadvantaged body or civil society; and a number democratic representation • Equality and non- groups as well. of mediating institutions between of the people (power of discrimination. It is important Inclusive Democracy should: government and citizens, among discourse); to note that all the key human • Effectively protect such which political parties and free 5. Electing the parliamentary rights instruments prohibit vulnerable groups against media are very important. officers and – in the case of discrimination “of any kind, denial or abuse of their rights; The Universal Declaration on parliamentary democracies such as race, color, sex, • Work towards reducing and Democracy, adopted by the Inter – the executive (elective language, religion, political eliminating the causes of Parliamentary Union (IPU) in 1997, power); or other opinion, national or such vulnerability; and is a very important Declaration 6. Influencing foreign policy as social origin, property, birth • Ensure capacity-building of which emphasizes: “Democracy is a well as international relations or other status” (Universal such groups to enable their universally recognised ideal as well and institutions by ratification Declaration, Article 2) effective participation. as a goal … It is thus a basic right of treaties, decisions on • Transparency, accountability of citizenship to be exercised under peace and war, allocation and access to effective conditions of freedom, equality, of financial resources to

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organisations and funds, and combat hindrances to stakeholders, in particular libraries, resource centers with parliamentary diplomacy, achievement of inclusive civil society, NGOs, youth internet facilities, well maintained mediation between the democracy; and women’s associations public schools, clinics, water public and international 7. Give higher priority to social and the private sector, and supplies and sanitations. organisations and justice; build partnerships between Similarly, equal access institutions, etc. (international 8. Push governments for a policymakers, the academic to public information plays power). coherent country-wide community, the business sector, an important role in creating response to collective rights; NGOs and community-based an inclusive society and Areas in which Parliaments 9. Create specific budget lines organisations. They ensure inclusive democracy as it will and Parliamentarians can for combating social menace. the establishment of national, make popular participation actively contribute to the regional and/or local awards, possible with well-informed implementation of Inclusive Parliaments have the which include five possible members of society. Collective Democracy responsibility of holding the levels: political leadership, civil participation, through accepted In general terms, Parliaments and executive to account by servants, civil society, the private representations of all classes Parliamentarians should commit to overseeing its work and making sector and the media. and backgrounds, in the 1. Renew the political sure that it does not infringe on Parliaments must be planning, implementation commitment of countries the rights of citizens or waste autonomous regarding their and evaluation of community to sustainable human state resources and that is own organisational structures. activities should be sought after. development, taking into consistent with the public interest. They can elect competent and Equity in the distribution of consideration four main Parliaments perform this oversight committed personalities for wealth and resources is another dimensions (economic role in a number of ways: parliamentary leadership, relevant critical element of inclusive growth, environmental • Request regular reports from committees and rapporteur roles democracy. Another dimension protection, social justice as the executive on its activities and ensure continuous advocacy of inclusive societies is tolerance well as the political dimension: • Evaluate measures taken by on inclusive democracy. for and appreciation of cultural democracy, good governance governments to implement Parliamentarians can be diversity. Effective leadership and the rule of law); the inclusive democracy more active in transnational is crucial to the development of 2. Strengthen governance • Monitor executive actions collaboration, so as to provide an inclusive society. Leadership and institutions for and enquire whether anti- more effective parliamentary here includes Parliamentarians. sustainable development at social issues are included in inputs in regional and Parliamentarians must have a the international, regional, overall government agendas international organizations. vision for the future of society. national and local levels; (by means of oral and written Societies that maintain a unity 3. Increase the engagement on questions to the executive, Inclusive Society of purpose, or a shared vision public policy on sustainable motions, establishment of While talking about inclusive embraced by the community, development issues; special commissions or ad democracy we also mean and encourage broad-based 4. Push for and support poverty hoc committees, hearings, inclusive society. Inclusive stakeholder participation in the eradication; field visits and so on). society subsequently leads to formulation of that goal, will be 5. Enact an enabling legislation inclusive democracy. To create more inclusive. for inclusive democracy; Parliaments and and sustain inclusive societies, Social inclusion touches 6. Adopt laws or appropriate Parliamentarians should it is critical that all members of almost all dimensions of life, both actions that encourage the be actively involved in this society are able and motivated individual and societal. mainstreaming of action participatory process starting to participate in civic, social, However, the challenge lies of inclusive democracy from the local level, and economic and political activities, at the core: how to apply the should require regular reviews both at the local and national concept in real life situations, and “Parliamentarians of progress reports on the levels. A society where most how to operationalize it through implementation successive members are provided with mobilizing all actors in society, at are, above all, democracy. Parliamentarians are, the opportunity to participate the local, regional, national, and representatives above all, representatives of the in decision-making processes international levels. people who have elected them that affect their lives is a society There are numerous ways of the people and in their various activities, that will best foster principles to promote social inclusion and who have elected they always seek to represent of inclusiveness. It fosters a remove impeding obstacles. their interests. Parliaments respect for the rights, dignity Important are protection and them and in their and MPs can promote public and privileges of all people. In empowerment of the vulnerable various activities, discourse and serve as channels order to encourage all-inclusive and marginalized, proclaiming for conveying the vision of participation, there must be the right to differ, and eliminating they always seek inclusive democracy to the public universal access to public discrimination based on to represent their and grassroots communities. infrastructure and facilities attributes, such as gender, age Parliamentarians can (such as community centers, and ethnicity. interests.” foster the participation of all recreational facilities, public

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Inclusive Policy Framework process, policies, strategies empowerment, inclusion, policies that are adequate, Once policies have determined and programmes. While there participation and community- accessible, financially and prescribed an outline of is a need to target our efforts minded action, then important sustainable, adaptable and action to be taken, the institutional to empower those who are steps can be made. Fostering a efficient mechanisms at the national level excluded, it is also important common purpose in all members • Provide support to and must take on the responsibility to make the mainstreaming of society which has input from strengthen capacities of of implementation. To promote society more inclusive. And all sectors is crucial. institutions that are working social inclusion, the legal systems this will require the efforts of of justice and social inclusion and security forces must be not only government, but also Parliamentarian actions to • Enhance access to knowledge impartial and uphold the most every individual, community, reduce obstacles for social and information (including ICTs) basic rights for all members of local authorities, civil society inclusion • Empower people to society. Schools, universities organisations, faith-based In order to reduce obstacles for participate in the design, and governments must ensure organisations, the private sector, social inclusion and promote implementation and the access and accessibility to as well as the very people and respect for human dignity, the monitoring of policies, as well education for every individual. groups who are disadvantaged following actions were proposed: as in the planning, budgeting, Social institutions must develop and marginalised. Everyone has • Set clear and targeted social and resource mobilisation and create housing and welfare a stake and responsibility in inclusion, cohesion and (including civil society, the systems, training programmes and achieving an inclusive society. well-being goals, with the private sector, academia and promote knowledge, information Based on the overall appropriate strategies to various social groups) and community responsibility. framework established at the achieve these goals, including • Invest in social capital - Governance and policy- international level, national the implementation of building trust amongst people making processes need to governments need to identify policies that will further social and between institutions become more transparent and their own social inclusion goals inclusion. Suggested policy • Invest in and enhance inclusive in their functioning and objectives, incorporating goals include: capacities of key social and also uphold social inclusion their specific needs and context. • Promote social inclusion, welfare institutions that can principles. Policy must be tailored The broad social inclusion social cohesion create effective linkages and rewritten to reflect the goals or objectives need to be • Promote gender equality between existing sectoral needs, concerns, languages and connected to the particular • Ensure equal opportunity indicators and expertise with cultures of a diverse population. vision people have for their for all, including on the labor inclusive goals (For example, If the aim is to have an inclusive society – a positive image market public health and public society, where everyone of an inclusive society of the • Promote equal access to mental health infrastructures participates and engages with future. This vision needs to be basic quality social services and their use of, and societal and governmental framed in the parliaments and (education, health, transport, responses to, measures processes, then it is necessary Parliamentarians should take the shelter etc.) implicated in inclusion/ to encourage or create a system initiative in effective monitoring • Ensure access for all to the exclusion such as wellbeing where socially excluded groups and analysis. In addition to resources (including land), and social trust through become stakeholders in the objectives, Parliamentarians rights and services, that population-level interventions) social, political and economic need to set a couple of principles are necessary for a true • Build effective partnerships, process and the success of a to make social inclusion goals participation in society recognising the complementary society. Simply writing a policy more explicit. • Prevent and address social responsibilities of different which includes them will not Social inclusion is a multi- exclusion, and eliminate all sectors within society create this. If people feel that dimensional and cross-sectional forms of discrimination • Create an open space for they have a voice then they concept, which needs to be • Recognize the dignity and dialogue to explore policy will be encouraged to include mainstreamed into various areas, respect for each and every options, common values and themselves. The chance to use at national, regional and local individual regardless of identity, bringing communities this voice must be offered and levels. It lies not only within one background, as a moral and together, and ensuring members of society must be tier or section of society, nor legal principle/instrument that the excluded and engaged. Finally, it is important does it rely on only one area of • Overcome spatial components marginalised are heard to understand that inclusive policy to exact changes. There of exclusion (e.g. land policy) • Build capacity in good policies apply to everyone, and is a larger and infinitely more • Create safety and sense of governance, accountability should not be understood as comprehensive aim to social security; and and transparency at national a special treatment for certain inclusion that encompasses • Establish well-being of people and sub-national levels. groups, which often exacerbate many areas of society and as a policy objective. the existing division rather than humanity. If a vision can be In order to achieve the above Mechanisms or processes create unity in society. created which is communicable policy goals, there is a need to most productive in creating and Social inclusion is an to the masses and stems from strengthen capacities and develop sustaining an Inclusive Society overarching concept that aims a collective agreement that tools in the following areas: For the articulation and execution at transforming our thinking, promotes diversity, tolerance, • Formulate social inclusion of inclusive democracy and social

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inclusion as a foundation for inclusive policies, Parliament and the legislatures should: • clearly state the right/ opportunity to be different while also being included and actively participate in processes, spaces and institutions. • Differentiate the concept of ‘social inclusion’ from merely ‘reducing disparity among people’, which were common indicators in the past.

Social inclusion is a much wider concept, incorporating distinctive and relevant dimensions such as: alienation; social mobility; access to space; sense of ownership; trust among people and institutions, being part of society; and well- facilitation, consultation, will achieve measurable positive Above: Old silk road between being of individuals. Social inclusion participatory dialogue, public change. Sikkim, India and China. indicators should go beyond hearing to enable reasonable Political inclusion of all traditional disparity indicators, and accommodations of different members of society, in the of difference and animation of should not rely on a single indicator views, values and cultures, form of popular participation in societies with a view to harnessing alone. As such, the following etc. decision making processes and the strengths that are inherent in components should be further • Invest in measuring strategies policy formulation, is a central diverse societies. A key challenge explored and considered to be an that capture this dimension aspect of social inclusion and will inevitably rest with the need to integral part of social inclusion: • Identify indicators on should be sought for in all ensure that all people are able to • Social capital: linking the inclusiveness of a society, aspects of local governance engage with society and benefit relationship between the and monitor the effectiveness (Kliksberg on Participation). from the possibilities inherent in state, government and of the inclusive policies and Research shows that as contemporary life and therefore public services, and citizens, strategies. societies modernise, people that all people are included, focusing on the interface increasingly want to have a say in irrespective of their social attributes. • Social mobility: effective Promoting social inclusion at the decisions which affect their Parliamentarians have a critical public transportation system, the local level lives. (Halman, 2008, Inglehart role in promoting social inclusion walkways to increase access As the issue of social integration and Welzel, 2005). Political and programmes and policies for marginalised communities and social inclusion has become inclusion entails that each need to be tailored to address to social and economic life, a reality of local governments, individual has a say in decisions specific local needs. Today, including the labor market Parliamentarians and Legislatures that affect his/her life. increasing numbers of people do • Well-being: capture how must recognise that the diverse Another aspect of political not have access to the political people experience their lives nature of the challenge and inclusion is access to information process (except as voters), to the (how people think and feel the initiatives to promote social so that each individual can make an economic process (except as about their lives). inclusion need to take place in informed decision. An effort must consumers) or to the environment • Formulate policies that various fronts at multiple levels. A be made to achieve equal access to (except as conditioned by their promote a sense of belonging social inclusion strategy should be transparent and accountable public roles in the economic and political • Redefine collective pride and the starting point for identifying a information. Local governments process, defined by the market identity in an inclusive and series of practical objectives and can do a lot to promote a vision of economy and the parliamentary participatory manner actions that can positively impact political inclusion through their own system respectively). Thus, at the • Define a shared future with processes to decrease the levels functioning. political level, it is Parliamentarians accommodating diversity of social exclusion, and poverty, who take all significant political • Create a mechanism for and improve the quality of life of Conclusion decisions. Similarly, at the economic envisioning processes at every member of society. Local Parliamentarians, planners and level, what is produced in a local, regional and national government should formulate an policy-makers have the clear country is not determined by the levels effective local solution involving responsibility to foster unity among democratic decisions of its citizens • Develop resilient and all residents within a participatory diverse populations and create but by property relations and the accessible dispute resolution framework devising, promoting a vision for a common future income distribution pattern. mechanisms such as, and monitoring initiatives that that pivots on the acceptance

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DIGITISING DEMOCRACY

The Speaker of the UK Parliament explains how the Speaker’s Commission on Digital Democracy is changing the way the UK Parliament interacts with the latest digital technology.

In the last twelve months, the Similarly, Simon de Montford to the one that de Montford UK Parliament and others and his followers were would have recognised: a across the world that share perpetrating a power-grab gathering that was still very our democratic tradition have against the King, who many much in thrall to the monarch been celebrating a series felt showed unjust favouritism and led by the barons. Today, of anniversaries of great towards his continental relatives the executive branch of significance. The signing of the over themselves. It is true that as government is more likely to Magna Carta took place 800 a result of de Montford’s victory find itself scrutinised by an years ago and, recently, we against the King at the Battle of elected Select Committee, or remembered the death of the Lewes, his second Parliament called to appear in the Chamber R t Hon. John rebel baron, Simon de Montford, contained, for the first time, to answer an Urgent Question, is the who died 750 years ago at the ordinary citizens, elected by their than it is removing the heads Bercow MP Battle of Evesham. boroughs, and it is from this of its detractors. Through the th 157 Speaker of the House King John’s signature on that representative democracy expansion of the franchise and of Commons in the UK. the Magna Carta and Simon de derives. Yet one would struggle John Bercow was elected Montford’s baronial rebellion to argue that it was with this “For things to to Parliament in May were key points in the long ultimate outcome in mind that he struggle for the rights and took on the massed ranks of the remain the same, 1997 and has served on representations that so many monarchists. several Parliamentary of us enjoy today. However, There is a tendency, as the saying Select Committees. He the orchestrators of these when looking at the history goes, everything presided over Public two events could not have of democracy, to conclude imagined that their actions with the words, “… rights must change, and Bill Committees and would end up paving the way for and representations we enjoy Parliament today Westminster Hall debates. this democratic outcome. The today”, add a full-stop and think: is very different As part of his commitment Magna Carta enshrined, for the democratic job done. to making Parliament first time, the basic liberties and Indeed, I have used this form to the one that de freedoms that form the basis of words myself already in this more accessible, he has of Parliamentary sovereignty article, although not as a ‘full-stop’ Montford would embarked on an extensive and the rule of law. Yet 800 but as a waypoint. Parliamentary have recognised: outreach programme, years ago, it was designed for democracy is a legacy stretching a gathering that travelling across the UK to a different purpose: to open back to de Montford, and one negotiations for a peaceful which we all have a responsibility was still very schools, universities and settlement between a King who to shape in order for it to survive community groups to talk felt that he was above the law, for future generations. much in thrall about his role and that of and the barons who neither For things to remain the to the monarch Parliament. shared this view nor were happy same, as the saying goes, at his insistence that they should everything must change, and and led by the bankroll it. Parliament today is very different barons.”

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improvements in communication technology, Members of Parliament receive many hundreds of representations per week in the form of letters, telephone calls, surgery appointments, emails, tweets and Facebook messages. The electorate is more demanding and less deferential, and better able to communicate their concerns through a greater range of channels. This immediacy is something that voters have come to expect as normal service. People shop online, share with their friends and families via Twitter and Facebook, and use video technology to facilitate meetings between colleagues in different countries. By contrast, politics in the UK seems a far slower world. Until January 2003 there was inevitably a gap of some weeks between tabling of parliamentary questions and the date for answer. By the time the relevant Minister took his or her position at the Dispatch Box, many of the questions were out of date. Worse than that, a contentious issue could have blown up in the intervening period, and Members could find themselves in the invidious position of having a policy elephant in the Chamber that they were unable to discuss. Since then, we have reformed parliamentary tabling and make far greater use of Urgent Questions. This has – amongst other improvements – helped assuage this problem in the UK to an extent. Yet there remains a disconnect between the debates that we are having in Parliament to itself, but part of a wider participation in, representative most interest was generated by and the conversations that conversation with the people we democracy. For over a year, the recommendation that online are going on up and down the are elected to serve. members of the Commission voting be available by 2020 country. As Speaker, I consider It was with this in mind that were involved in extensive for all citizens. This proposal it to be part of my role to be an I established the Speaker’s consultation with a wide range has sparked a fascinating ambassador for Parliament; Commission on Digital of experts and members and ongoing debate. Young I spend a good deal of time Democracy, which reported of the public from different people, in particular, saw the engaged in outreach activities earlier this year. communities, ethnicities, ages requirement to vote in person at schools, universities, and faith The aim was to look into and income brackets. as an inconvenient anachronism groups. However, there is always ways that we could use digital The Commission published and feel it discourages many more that can be done to ensure technologies to encourage its report in January this year. from doing so. Furthermore, that Parliament is not just talking understanding of, and Understandably, perhaps, the people with disabilities, military

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personnel serving overseas experience of voting, contacting decided to explore new ways in planning to speak could also get and those living abroad would their MP or finding out about which digital technologies could involved with the online debate undoubtedly benefit from a Parliament, it became clear that be used to encourage people to – to pose questions and ask for secure online voting system. there are a number of perceived get involved in policy discussions, further information, as well as to On the other hand, several barriers to information on how the such as the ones that take explore directly with those taking experts were concerned institution works and access to the place in Westminster Hall. Since part potential outcomes. about cyber-attacks and the decision-making process. Clearly, 1999, Westminster Hall is the There have already been potential for hacking, especially one feeds into the other. For this second Chamber of the House three successful pilots of the given the possibility that voter reason, the report placed a strong of Commons; MPs are able to ‘Cyber Chamber’ in the new impersonation and similar fraud emphasis on education, with one ballot for debates on issues of Parliament, and I am confident becomes far easier when voting of its key targets to ensure that by their choosing, and the relevant it will become a regular feature. online rather than in a polling 2020 everyone can understand Minister will respond. Allowing MPs to contribute to station. I am clear, however, that what Parliament does in order to The idea of the ‘Cyber the discussion, or simply observe the bottom line is that protecting enhance public engagement. Chamber’ was a particularly it, would at least start to fuse the integrity of the ballot box has How this is turned into a innovative one. The Commission the two parts of the body politic. to be of the utmost importance. practical reality was another recommended that a discussion, This suggestion was part of a The report was, however, challenge the Commissioners using a dedicated hashtag, wider desire to open up the law- far more than that single faced in drafting their report. could take place on Twitter a making process. recommendation. As They found that whilst the public day before a Westminster Hall Currently, opportunities for the participants told the were, in general, turned off by debate, thus allowing those the British public to take part in Commissioners about their party politics in the traditional with an interest in the subject law-making are limited. Should sense, they were interested in or a specialism in it to inform a member of the public want to Below: The Houses of Parliament policy discussions that had a the subsequent deliberations make a contribution, he or she in Westminster, London, seat of direct impact on their lives. With of Members of Parliament. has the option of contacting the UK Parliament. this in mind, the Commission The sponsoring MP and those the local MP and asking them

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to make representations on his process, in reality by the time wider range of people outside participating in the ongoing or her behalf. Whilst it would policy ideas have been written Westminster would not only debate surrounding the report be wonderful if this sort of into draft laws this becomes engage the public with the law- of the Digital Democracy engagement could take place far more difficult to achieve. making process, but also lead to Commission. at all stages of the legislative Although the Commission better legislation. In this year of anniversaries, it recommended that the language These are, in my view, all good, is right to look forward as well as “In this year of of Parliament needs to be practical approaches to use back. Parliamentary democracy anniversaries, less archaic and jargon-heavy, the power of digital technology is constantly evolving: it is not a it remains true that good to enhance democracy in the monolith, but a legacy gifted to it is right to legislation needs to be tightly UK. However, the Commission us by past generations for which look forward as and appropriately worded. This was very clear that the use of us politicians, fleetingly, have does not always lead to gleams technology is one of many tools responsibility. well as back. of comprehension in the eyes of to be used to encourage public It is up to us, as citizens Parliamentary those outside of the Commons participation in politics and the afforded the privilege of Clerks’ Department. law-making process. We have working for our constituents in democracy For this reason, if Parliament to be mindful that not everyone Parliament, to open it up more is constantly could encourage people to get has access to or the ability to use fully to those outside its walls involved in the early life of a Bill by such technology. In seeking to in order that our legacy to the evolving: it is allowing them to feed in technical be more inclusive, we must not next generation is a democracy not a monolith, or personal input, then this could accidentally end up excluding that we left more vibrant than be a practical way of influencing those without digital tools at their we found it. I would recommend but a legacy the eventual outcome. fingertips, not least because the report to my Commonwealth gifted to us by There could be opportunities they represent a demographic colleagues and encourage for the public to contribute later, that is likely to contain the most them to join me in seeking new past generations and the Commission’s report vulnerable. However, as one ways to involve their citizens in for which us recommended that Parliament weapon in the armoury of those representative democracy. look into how this could be of us keen to involve the public politicians, done. However, I do think that more fully in the workings of To view the report on Digital fleetingly, have when a Bill is at the ‘mooted as a Parliament, I am confident that Democracy visit possibility’ stage, a Parliament- it will prove effective, and I am www.digitaldemocracy. responsibility.” led drive to solicit the views of a very much looking forward to parliament.uk

The Parliamentarian | 2015: Issue Four | 271 Parliament, the Member and the Media

Parliament, the Member and the Media: A Harmonious or Harmful Relationship?

Media: The Fourth Estate? There is no doubt that the a free media is consistently Parliament, Members and the media influences public opinion acknowledged as an important Media have a long history of and hence the political fortunes element of the democratic mixed tensions and interaction of governments. Modern media, system. Arguably, the media that can likely trace their origins particularly the rise of social media performs an independent back to the press gallery at where a particular matter may go scrutiny function by conveying the Palace of Westminster. ‘viral’ poses particular problems information to the public in the The presence of the media to governments in managing its form of reporting facts and in Parliament has often been message to the electorate. providing informed commentary likened to the idea regarding the Parliaments and members upon the proceedings, operations creation of a so-called fourth often depend on the media to and decisions of governments Hon. Barry House branch of government known as inform the general public about and oppositions. Media activity The Fourth Estate. their actions and decisions. The may expose information which MLC is President of In an 1840 lecture, Thomas relationship could be described may not otherwise come to the Legislative Council Carlyle attributed the notion of a as a symbiotic association that light and therefore supports the of Western Australia Fourth Estate to the eighteenth is simultaneously beneficial and transparency function. Media since 2009. He served century philosopher and MP complex. It is beneficial in that it pressures may also encourage Edmund Burke when he operates as a powerful medium in governments to explain their on many Parliamentary remarked: “Burke said there were providing parliaments, government decisions to the public and as a Committees and Three Estates in Parliament; but, and members with the opportunity result support the accountability held roles both in in the Reporters’ Gallery yonder, to broadcast a message to the function. Government and there sat a Fourth Estate more general public. However its Tensions between the media important far than they all.”1 complexity lies in the lack of a and the parliament or a member Opposition. Elected to Burke’s remarks were a mutual obligation to present the may arise due to the way in the Legislative Council mocking commentary on the ‘preferred’ view or the message of which the media exercises its at a by-election in contribution of the media in a government or member. transparency function and thereby 1987, he is now the their scrutiny of the activities of Members of Parliament holds a member or the parliament government and as a conduit for should be mindful of this to account. In Australia, the longest serving current the relay of information to the complexity as a free media in media is not solely a reporter of Parliamentarian. He people. The idea of the media an open democracy, can wield parliamentary or government holds a Bachelor of operating as a fourth branch significant influence as it decides news, but a participant in public Economics and prior to of government relies on the the issues, angles and content of debate through the selective notion that the media shares the ‘stories’ they wish to publicise. process of highlighting decisions entering Parliament a responsibility to act in the and activities of interest to their was a Teacher. He was public interest as a watchdog Parliament, the Member and consumers. an Australian Regional or overseer on the activities the Media: A Harmonious or While a description of a Representative on the of government. This purpose Harmful Relationship? ‘harmonious relationship’ is immediately exposes the potential Transparency and accountability probably not quite accurate, CPA Executive Committee for conflict as the information are two important inter-related the media and the parliaments for three years (2011-14) relayed by the media may not be concepts that are essentially generally form a collegiate and has contributed to in the interests of the government; about access to information and relationship that, on balance, numerous CPA events. individual members, or indeed the responsibility for decision making. is beneficial to both sides. institution of Parliament. In a modern democracy Instances have, however, arisen

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from time to time that have played out in the courts and even led to the High Court of Australia identifying an ‘implied’ right of free speech on political matters in the Australian Constitution.2 In Australian Capital Television Pty Ltd v Commonwealth of Australia, the High Court of Australia ruled that there is an implied freedom of communication in relation to political affairs that flowed from the representative democracy created by the Constitution of Australia. This freedom as an important accountability surrounding the phone hacking Above: Parliament House, was also identified to flow to mechanism as it provides an scandals in the United Kingdom. Perth, Western Australia. discussions on State political avenue for transparency that The report6 was presented and public affairs in Stephens reaches into the very homes of to the Communications the government, the relationship v West Australian Newspapers the electors. Minister on 28 February with government is an important Ltd.3 The basis of this freedom The Australian press 2012 and recommended the transparency mechanism. In of communication was that the operates in a largely unfettered establishment of a News Media further strengthening this vote of electors required an manner. The various press Council which would replace ‘transparency relationship’ with informed vote which necessitated bodies themselves are careful the Australian Press Council. the media, the Western Australian a freedom of communication. to minimise their liability to Essentially, the new body would parliament recently passed, with These adversarial various pieces of legislation be a government-funded, great difficulty, protectionist proceedings in the courts may such as defamation legislation, statutory body that would require legislation for journalists known as appear to be harmful to the but relies, for the most part, on compulsory membership for ‘shield laws’. relationships between the media a self-regulation model. Paul every broadcaster, newspaper and parliament. However, it could Chadwick, a noted Australian and online publisher. The Proposed Shield Laws 7 be argued that the more likely journalist and lawyer, in his 1999 In some cases these media On Thursday 20 October 2011, result is that they clarified certain lecture5 to the University of bodies rely on public exposure the Parliamentary Secretary to aspects of legal contention Melbourne made the following and sensationalism (particularly the Attorney General introduced between these two bodies. observations about the role and in relation to politician-bashing) into the Western Australian accountability of the media: for a connection back to the Legislative Council the Evidence Relationships with the Media in • media help civil society cohere, political arena and legitimacy and Public Interest Disclosure Australia4 lubricate democracy, make with their audience regarding Legislation Amendment Bill The “Free” Press and mix culture and facilitate their role in the scrutiny of 2011. In September 2000, the then commerce; government activities. In The then Attorney General, Prime Minister of Australia, Hon. • media must be both this instance the howls of Hon. Christian Porter advised John Howard, in an interview financially independent and interference from the media the media that the Bill with an ABC political reporter free of statutory regulation of fulfilled its sensationalist role would introduce the most Kerry O’Brien made reference their content; and immediately vilified the comprehensive shield laws for to the importance Australians • media wields public power report and the motivations for journalists and whistle-blower placed on a free press by and that public power must the establishment of the inquiry. protections in the country.8 The commenting that Australia had be accountable if it is to be The media vehemently argued proposed shield laws aspects a “gold-plated democracy with a legitimate; and that the proposed government of the Bill were designed to gold plated free press”. • accountability depends on body would limit or regulate ‘fair operate on a default position, What the then Prime Minister media self-regulation. reporting’ and create an avenue or presumption, that a journalist was alluding to was the political for the government to regulate may keep their sources freedom afforded to the press in On 14 September 2011, content and warned that the confidential unless ordered to do Australia, particularly in relation the Australian government report threatened the freedom of so by a “person acting judicially” to its ability to comment and pass commissioned an inquiry into the press and free speech. who has first taken into account judgement on the activities of aspects of the media and a series of factors including the government. Political journalism media regulation, which the Western Australian Protections probative value of the evidence, in Australia is an inherent part media instantly linked to its for the Media the importance of the evidence, of the political environment and reporting on the government’s Despite the occasional tendencies the availability of other evidence has been openly acknowledged carbon tax policy and the events of the press to be overly critical of and the risk to national security.

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It was noted that the Bill bodies by the new shield laws. 3. Without limiting the matters the journalist in relation to differed from federal shield laws that the Council may have obtaining, using, giving or by extending the proceedings Amendment to Legislative regard to for the purposes receiving information. that it applied to beyond court Council and Legislative of this Standing Order, the The Legislative Assembly hearings. The Attorney General, Assembly Standing Orders Council must have regard likewise adopted a simplified in fact, specifically stated that the Following the passage of the Bill, to the following matters: version of the Standing Order as Government wanted journalists the Legislative Council adopted (a) the probative value of follows: to have the protection of shield in a new Standing Order, the the identifying evidence Disclosure of the Identity of laws not just in court proceedings, proposed legislated protections in the proceeding; Journalists’ Informants 314. but also when appearing before for journalists that were omitted (b) the importance of the If the Assembly is considering Parliamentary Committees.9 from the Bill by amendment in identifying evidence in whether to require a journalist to The Attorney General advised the Council. The new Standing the proceeding; disclose an informant’s identity that extending the journalist’s Order provided a ‘shield law’ (c) the nature and gravity it shall have regard to the public ‘privilege’ beyond the courts type protection for journalists of the subject matter of interest of having a free press to other legal settings such when journalists appear before the proceeding; when it does so. as tribunals, the Corruption Committees or the House. The (d) the availability of and Crime Commission and Standing Order is as follows: any other evidence It may be debatable whether parliamentary committees 201. Protection of the Identity concerning the matters the protection afforded by the was one of the things that the of Journalists’ Informants to which the identifying new Standing Order to journalists journalist profession had asked 1. Where a journalist is evidence relates; appearing as witnesses was of the Government.10 examined before a (e) the likely effect of required. The Parliament, in its The Attorney General told the Committee or the Council the identifying evidence, previous treatment of journalists West Australian newspaper that: and, in the course of such including the likelihood as witnesses, had recognised the “We as a Government took the examination, is asked to of harm, and the nature importance to the maintenance view that if you are going to say disclose the identity of and extent of harm that of a free press of the need to courts ‘you have to be subject the journalist‘s informant would be caused to the for journalists to protect their to this protection for journalists’, and refuses, the Council informant or any other sources of information. This then you have to extend that to shall consider whether person; recognition has been evident by bodies like the [Corruption and to excuse the answering (f) the means available the Parliament not insisting on Crime Commission], which we of the question pursuant to the Council to limit answers to questions asked of did – and no other jurisdiction to section 7 of the the harm or extent of the journalists that would reveal their did that – and Parliamentary Parliamentary Privileges harm that is likely to be confidential sources. A recent Committees have to be subject to Act 1891. caused if the identifying example of this is the report of the the same rules.”11 2. In considering a matter evidence is given; Select Committee into the Police Media, Entertainment and under (1), the Council (g) the likely effect of Raid on The Sunday Times. Arts Alliance Communications shall only order the the identifying evidence Director, Mr Jonathan Este was disclosure of the identity in relation to: Police Raid on The Sunday quoted as saying that Western of a journalist‘s informant (i) a prosecution that Times Newspaper Australia was leading the nation if the Council is satisfied has commenced but On 30 April 2008, the Western in extending journalists’ privilege that, having regard to the has not been finalised; Australian Police conducted to “extra-judicial bodies” such issues to be determined in or a raid on the offices ofThe as Parliamentary Committees.12 the proceeding, the public (ii) an investigation, of Sunday Times newspaper The Law Society of Western interest in the disclosure which the Council is following the publication of an Australia President, Mr Hylton of the identity of the aware, into whether article that disclosed certain Quail, however, expressed informant outweighs: or not an offence has information that was believed to concern at “the level of privilege (a) any likely adverse been committed; have been leaked by a person afforded to journalists”.13 effect of the disclosure (h) whether the or persons unknown to The In August 2012, the ‘shield of the identity on the substance of the Sunday Times. The police were laws’ passed the House following informant or any other identifying evidence has searching for evidence of the extensive debate and amendment person; and already been disclosed alleged disclosure of confidential of the legislation in response to (b) the public interest by the informant or any State Government Cabinet concerns regarding the potential in the communication other person; documents that formed the encroachment on parliamentary of facts and opinions to (i) the risk to national basis of the article. Subsequent sovereignty and the privileges the public by the news security or to the speculation reported in the of the House. Parliamentary media and, accordingly security of the State; media also suggested that the Committees were expressly also, in the ability of the (j) whether or not there State Government may have excluded in the legislation from news media to access was misconduct on the been involved in the decision to the protection afforded to other sources of facts. part of the informant or undertake the raid.

274 | The Parliamentarian | 2015: Issue Four PARLIAMENT, THE MEMBER AND THE MEDIA

The Select Committee References considered at length the 1 Jim Willis, William James Willis, situation of the refusal of The The Media Effect: How the News Sunday Times journalist to Influences Politics and Government answer the question. Having (Greenwood Publishing Group, regard to all the issues that the 2007) 138. Committee considered in respect 2 Australian Capital Television Pty of the refusal of the journalist Ltd v Commonwealth (1992) 177 to answer the question and the CLR 106; 108 ALR 577; Nationwide fact that the journalist sought News Pty Ltd v Wills (1992) 177 to assist the Committee where CLR 1; 108 ALR 681. possible, the Select Committee 3 Stephens v West Australian recommended to the Legislative Newspapers Ltd (1994) 182 CLR Council that in this instance it 211; 124 ALR 80 at 232, 257. excuse the answering of the 4 Hon Barry House MLC, question asked of the journalist President of the Western Australian by the Committee. The House Legislative Council, Parliamentary accepted this recommendation. Ethics, Accountability and Transparency Paper presented at the Conclusions 25th Commonwealth Parliamentary Due to the nature of the event question. The Legislative Council As noted by the recent events Seminar, Dar es Salaam, Tanzania, and the link with confidential State was then required to consider the in Western Australia, there is a May 2014, pp 9-12. Government documents, the effect of the witness’s failure to clear recognition by Australian 5 Paul Chadwick, Media and Legislative Council subsequently answer and whether that failure jurisdictions of the importance Accountability, Paper presented at established a Select Committee constituted a contempt of the of the relationships between the AN Smith Lecture in Journalism, to inquire into and report on all House. media, Members and Parliaments. University of Melbourne, 17 circumstances surrounding the In determining whether or not Not only is the media a valuable November 1999, p 2. police raid on The Sunday Times. to insist on an answer from the resource to ‘sell’ the view of a 6 Australian Government, Report During the Committee’s journalist, the Legislative Council member or government, but is also of the Independent Inquiry into the inquiry into the circumstances considered several factors. plays a significant scrutiny role Media and Media Regulation, 28 surrounding the raid, the police These included: as the ‘fourth estate’. The media February 2012. investigators gave evidence • the maxim that acts as an important transparency 7 Paul Grant, Descending into that the journalist would not parliamentary privilege mechanism that encourages the Arena: Four Case Studies from voluntarily disclose the source should be used as a shield accountability and bridges the the Legislative Council of Western of the leaked information and rather than a sword divide between the public and their Australia where a Clerk’s advice that the police investigation had • the practice of the United elected representatives. influenced legislation or policy proceeded on that basis. The Kingdom House of Commons Parliaments and Members (Paper presented at ANZACATT Committee decided to test the where it is recommended depend on the media to inform the Professional Development Seminar), police assumption regarding the that the Commons exercise general public about their actions Northern Territory, 2014. journalist’s willingness to reveal its penal jurisdiction sparingly and decisions. The media can also 8 ‘MPs hold back shield laws for his source, and subsequently and only when satisfied that expose matters that governments journos’, Debbie Guest, Australian, asked the journalist questions to do so is essential to provide or Members would like to remain 26 May 2012, p 25. relating to the source of the reasonable protection for the confidential. A free press is one 9 Ibid. leaked cabinet information. House, its members or its of the key elements in ensuring 10 ‘Media shield laws draw praise’, The Committee noted that officers from such improper the free flow of information and Daniel Emerson, West Australian, 21 when giving his evidence, the obstruction or attempt at or therefore transparency and October 2011, p 14. journalist was polite and sought threat of obstruction causing accountability of governments and 11 ‘Greens seek new look at to assist the Committee as best or likely to cause substantial their bureaucracies. Media activity shield laws’, Gareth Parker and he could. However, the journalist interference; and may not always be welcomed by Daniel Emerson, West Australian, 17 indicated that he was bound by • the Select Committee’s elected officials or bureaucrats. November 2011, p10. his profession’s code of ethics to finding that the failure of However, the presence in a 12 ‘Media shield laws draw praise’, maintain the confidentiality of the the witness to answer the society of a robust, responsible Daniel Emerson, West Australian, 21 identity of the source and would questions put to him did not and independent media and October 2011, p14. not provide this information to obstruct, impede or cause a good working relationship 13 Ibid. the Committee. substantial interference to its between elected representatives The Select Committee reported functioning. and the media can help maintain to the Legislative Council that the confidence in our democratic witness had refused to answer the systems of government.

The Parliamentarian | 2015: Issue Four | 275 REFORM ACT in Canada

Reform Act comes into force in Canada A former Member of the Canadian Parliament explains how the Reform Act will affect the relationship between Parliament and the party system.

October 19th 2015 was Federal the confidence of their caucus. caucus chairperson, and have Election Day in Canada. And, The new law contains three unilaterally expelled MPs from while seats have changed hands main reforms. the caucus. as they always do, each of The first reform seeks The final reform provides the Canada’s new MPs will have an to restore local control over caucus with a mechanism for individually strengthened hand candidate nominations. In removing a party leader. entering this Parliament. the past the party leader had In Canada, unlike other This is because of a Bill individual authority over who Commonwealth nations such passed in the last Parliament: could and couldn’t seek a as Great Britain, Australia and The Reform Act, 2014. The Act nomination to be a party’s New Zealand, the political Russ Hiebert was a came into force one week after candidate in any riding. Member of the Federal the election. The new law contains an “In Canada, Parliament of Canada This Bill was introduced and amendment to the Canada unlike other successfully enacted by a fellow Elections Act that replaces from 2004 until 2015 Government MP, Michael Chong. the party leader with a person Commonwealth when he stepped down Michael says, “The Reform designated by the party to be nations such as to pursue his interests Act is an effort to strengthen tasked with this responsibility. Great Britain, as a lawyer and in Canada’s democratic institutions Each party will have to come by restoring the role of elected up with mechanisms in its Australia and business. During his Members of Parliament in the constitution and by-laws to parliamentary career, House of Commons.” determine how this person is New Zealand, the he served on several My eleven year experience chosen. political parties Committees including: in the House of Commons The next reform aims to representing a Vancouver, strengthen each party caucus in have displaced Defence; Ethics, British Columbia-area riding Parliament as decision-making the role of caucus Privacy and Access to have certainly convinced me of bodies by re-claiming for them Information; Finance; the need for this new law. the power to elect their caucus in leadership Natural Resources; and The Reform Act, like so many chairperson and to decide on reviews in over the centuries before it, is the membership of individuals International Human an initiative to provide greater in the caucus by secret ballot recent decades. Rights. He served democratic accountability in majority vote. Amendments to The process as Chair of the CPA our parliamentary system. And, the Parliament of Canada Act is lengthy Canadian Branch and it reinforces the principle of formally define the structure responsible government which and governance of party and party also served two, three- has existed in Canada for over caucuses, going forward. In year terms as Canadian 170 years. recent decades, in the absence by-laws make representative on the It will make the cabinet of written rules, the Prime it challenging International Executive and Prime Minister more Minister and other party leaders accountable to MPs and ensure have held by convention the to even hold a Committee of the CPA. that each party leader maintains exclusive power to appoint the review.”

276 | The Parliamentarian | 2015: Issue Four REFORM ACT IN CANADA

parties have displaced the role be followed immediately by a leaders, as well. The diminished Above: The Canadian Federal of caucus in leadership reviews second round of balloting to role of Parliamentarians was Parliament in the national in recent decades. The process choose an interim leader who scornfully noted by the Prime capital, Ottawa, Ontario. is lengthy and party by-laws will serve until such time as Minister of the time, Pierre make it challenging to even hold the political party can select a Trudeau, who off-handedly a review. permanent leader. commented that MPs were the branches is certainly in order. The Reform Act has amended None of these reforms are “nobodies.” This trend, known And, while any new law can have the Parliament of Canada Act really new. In fact, Canada’s as ‘executive federalism’, was unforeseen consequences, the to provide the caucus with a parliamentary democracy defended by many who saw a Reform Act poses little risk to formal and efficient process operated along these lines by greatly empowered executive as Canadian democratic institutions for a leadership review. In convention for most of the first a necessary counter-balance to as we’ve operated with these this process, 20% of caucus century of its existence. the separatist forces in Quebec ‘new’ rules for much of our past members must publicly submit However the 1970s saw attempting to rend the nation. history. a formal request to the caucus a massive trend towards the Necessary or not at the Canadian democracy is chairperson and a majority must centralizing of power in the time, the separatist threat is improved today because of The agree by secret ballot to remove office of the Prime Minister greatly diminished now and a Reform Act we passed in the the leader. Such a vote must and, by default, the other party re-balancing of powers between previous Parliament.

The Parliamentarian | 2015: Issue Four | 277 ESTABLISHING ANTI- CORRUPTION PRACTICES IN THE PACIFIC REGION ESTABLISHING ANTI-CORRUPTION PRACTICES IN THE PACIFIC REGION

A former Parliamentarian and Secretary to the Global Organization of Parliamentarians Against Corruption (GOPAC) outlines the anti-corruption practices being established in the Pacific Region.

Parliamentarians on Nauru – the practice anti-corruption with Islands in 2011, Solomon Islands, world’s smallest island state with the Parliamentary Committee, Federated States of Micronesia approximately 10,000 residents Ministers, the Speaker and and Nauru in 2012, Kiribati in – are fully embracing community President – together with 2013 and Tuvalu in 2015). consultation to establish their 31 local community ‘integrity The focus in the Nauru nation’s first Leadership Code. champions’ who have been workshop was an appreciation In the 15 Pacific Island nations, selected to canvas the views of of the commitments that nations many of the Parliaments have every household on the island as like Nauru, which acceded to adopted ethical conduct regimes, the unicameral Parliament builds UNCAC in 2012, have made often termed Leadership Codes, its Leadership Code from the and the important role that John Hyde was an as one of the vehicles to realise grassroots up. Parliamentarians have in the MLA for Perth in the their commitments made in The UN Office on Drugs and oversighting progress towards Western Australia signing and embracing the UN Crime (UNODC), in partnership implementation. Convention Against Corruption with UNDP, is implementing Nauru President Baron Legislative Assembly (UNCAC). the UN-PRAC Project. This is a Waqa attended the UN-PRAC- (2001 to 2013). He The Nauru Parliament, four-year initiative in the Pacific GOPAC workshop on day two is Secretary to the guided by the Speaker (and that aims to help Pacific Island and reinforced his Government’s Global Organization former President) Ludwig countries fight corruption by commitment to introducing a Scotty, established a Standing 1. supporting ratification of Leadership Code that was a of Parliamentarians Committee on the Leadership UNCAC product of genuine consultation Against Corruption Code earlier in 2015, chaired by 2. implementing UNCAC with the community. (GOPAC) and consultant Hon. Russ Kun MP. through the strengthening of “We do not have a pre- to the UN Pacific Hon. Russ Kun is a member anti-corruption policies, laws, conceived Leadership Code – we of the Global Organization measures and institutional want to first hear from the Nauru Regional Anti-Corruption of Parliamentarians Against frameworks and people about what they expect (UN-PRAC) Project. He Corruption (GOPAC) and, joined 3. enhancing Pacific Islands of their leaders before we start was Chair of the Joint by his Deputy Speaker and States’ active participation drafting legislation,” President Waqa told the workshop. Standing Committee on other Pacific Parliamentarians, in the UNCAC processes, attended a major workshop on including the UNCAC Review Leadership Code Chair, Corruption and Crime anti-corruption in Nadi, Fiji, in Mechanism. Hon. Russ Kun, encouraged Commission and he July 2015, conducted by the UN Since UNCAC came into the community information was involved in drafting Pacific Regional Anti-Corruption force on 14 December 2005, collectors to allow Nauru’s citizens to canvas the whole legislation to establish (UN-PRAC) Project and GOPAC. there are now 177 State parties The Parliament of Nauru to the Convention. To date, range of expectations that they Western Australia’s then invited the UN-PRAC there are 11 States parties in had of their leaders. modern Corruption and team and GOPAC Oceania to the Pacific (Papua New Guinea “In simple terms, we are Crime Commission. come to their Parliament in late in 2007, Fiji in 2008, Palau in creating ‘table manners’ for October 2015 to undertake 2009, Vanuatu, Cook Islands leaders – how do you expect a workshop briefing on best and the Republic of the Marshall your leaders to act at all times,”

278 | The Parliamentarian | 2015: Issue Four ESTABLISHING ANTI- CORRUPTION PRACTICES IN THE PACIFIC REGION

he told the workshop. Pacific Islands Forum Secretariat (PIFS) Governance Officer, Mr. Sione Tekiteki, who is the former Clerk to the Parliament of the Kingdom of Tonga, helped put the community consultation into a Pacific focus, briefing the Members of Parliament (MPs) and community on the PIFS ‘Guiding Principles on Leadership’, which have been agreed to by Member States. “It was very encouraging to see the community representatives stress that they must be objective and welcoming to their fellow citizens to make sure people can freely of one of the most omnipresent Constitutional right to grant Above: The Parliament of and honestly share their views.” corruption issues hanging over pardons, to grant himself and Nauru invited the UN-PRAC Community participants the Pacific – the charging, trial the other MPs a pardon for their and GOPAC October 2015 to at the workshop, who aim to and conviction in 14 October of bribery conviction. undertake a workshop briefing. visit every Nauru household Vanuatu MPs for bribery, including The Vanuatu community Image courtesy: GOPAC. during the month of November, the Deputy Prime Minister, the were dismayed and the encouraged each other during Speaker, a former Prime Minister President was incensed. Upon young democracies, it also the interviewing training to make and Foreign Minister. his return from overseas, he reinforces the need for ongoing sure they made people feel The sentencing judge, rescinded the Acting President’s professional development comfortable to express their real Justice Mary Sey, cited the pardons ruling they were and capacity building of MPs. views and not be guided by any Melanesian Island nation’s unconstitutional. The Vanuatu The UN Pacific Regional Anti- of the participants’ opinions. Leadership Code in her Supreme Court judge then Corruption (UN-PRAC) Project President Waqa used the deliberations. She ruled that sentenced 15 of the MPs to has built a close partnership with analogy of the Great Wall of payments in 2014 by the prison terms of around three GOPAC Oceania to work with China to stress to the workshop now Deputy Prime Minister to years. The judge issued a Parliamentarians. how Nauru must embrace zero other Opposition MPs while in suspended sentence to Willie tolerance for corruption. “Despite Opposition were designed to Jimmy in recognition of his The Global Organization of the Great Wall of China being influence MPs in their capacity early guilty plea. This act of Parliamentarians Against one of mankind’s most effective as public officials. Of the 14 justice has also sent a strong Corruption (GOPAC) was constructions, invaders could still MPs who went to trial, only one, message throughout the Pacific founded in October 2002 as a enter and invade China by bribing Finance Minister Willie Jimmy, on the need for Leadership result of a Global Conference just one gatekeeper to open a small pleaded guilty from the outset. Code transgressors to show in Ottawa, Canada, which entranceway,” the President said. The MPs were convicted on leadership by admitting guilt. brought together over 170 Community members had Friday 9 October 2015, with Two key messages have come Parliamentarians and 400 already been invited to submit the judge having citied their out of Vanuatu’s experience for observers dedicated to fighting written suggestions on Nauru’s failures to adhere to the strong people in Nauru (and elsewhere corruption and improving good Leadership Code. These standards within Vanuatu’s in the Pacific). Firstly, there is very governance. GOPAC is unique suggestions were discussed at recently reviewed Leadership little support for the indiscriminate in that it is the only international the workshop along with input Code. They were due to be use of pardon powers by network of Parliamentarians from the integrity champions sentenced the following week. Parliaments and the Executive. focused solely on combating and Parliamentarians. However, on Sunday 11 October Secondly, there is a heightened corruption. Its members Issues canvassed, that 2015, the Speaker, who was one awareness of the importance represent more than 50 countries Nauruans want addressed in of the convicted MPs himself, of an independent judiciary and in all regions of the world. They the Code, include gift-giving, exercised his Constitutional role a strong separation of powers. are current or former legislators. definition of a leader, an assets to serve as Acting President Both of these issues are also core John Hyde moderated the register, adherence to traditional during the Vanuatu President issues contained with UNCAC. two-day GOPAC-UN-PRAC cultural morals, penalties and a Baldwin Lonsdale’s official visit With the high turnovers of Parliamentarians and Community system of external oversight. to Samoa. As Acting President, MPs at Pacific elections and workshop in Nauru in the Pacific There was also discussion he cited the President’s with many of the Parliaments Region in October 2015.

The Parliamentarian | 2015: Issue Four | 279 Questions of Conscience for Members of Parliament

Questions of Conscience for Members of Parliament

A Member of the Queensland Legislative Assembly questions the freedoms that Parliamentarians have to vote with their conscience.

The last state election in been forgiving of members who to sleep each night at peace Queensland, Australia delivered ‘step outside the square’. We are with ourselves. It is my hope numbers in the Legislative a pretty ‘straight-speaking mob’ we can conduct business in a Assembly of Queensland which on our side of politics, hence way that will see those 85 of us, mean that every vote matters. the term ‘scab’ for a worker who who belong to the major parties, Forty-five is a number firmly crosses a picket line. It is a term able to cast our votes in a way in all our minds in Parliament, consistent with a culture based that maintains our commitment but sometimes 44 is enough, on mateship and unity. Crossing to the core values, sacred our with the Speaker’s casting the floor of parliament has respected parties vote. It is my hope that, through likewise earned the endearing It is always good to see how Hon. Rob Pyne collaboration and good will, the moniker of ‘rat’. other jurisdictions conduct their is an Australian close numbers we must live Thus far, as a Member of business. While the United MP with, could be used to lessen Parliament, I cannot think of any States demonstrates many politician and the shackles of the party room legislation or issue that would practices I would not like to Australian Labor and allow members more cause me to cross the floor to see in our parliament, one Party Member of the freedom to vote according to vote with the Liberal/National thing they do have is a greater Legislative Assembly their conscience on matters of Party. The values divide makes flexibility that allows elected conviction. it highly unlikely, but surely one representatives to vote with their of Queensland A finely balanced Parliament earns oneself greater merit, conscience. At one extreme this since January 2015, offers unique opportunities for by having the opportunity and has led to terms such ‘blue dog representing Cairns. legislators to seize the moment refusing to take it, rather than by democrat’ or DINO ‘Democrat In He serves on the and take an activist role. Indeed ruling out any real opportunity to Name Only’. the Legislative Assembly of dissent? In the Australian political Communities, Disability Queensland is the one state In a state that seeks to foster context, a close tally at the Services and Domestic Parliament that needs bold creativity and innovation, is it polls meant that the Gillard and Family Violence and active members in the smart to ‘punish’ anyone who Government had changed the Prevention Committee. legislature. This need arises wanders from the herd? I would way the ALP did business. This from the abolition of the Upper think not. was articulated by Chris Oakshot Previously a two-term House in 1922 which put more Greater freedom on whether in his insightful (if long) speech councillor for the Cairns power in the hands of a powerful or not to support legislation is following the 2010 federal Regional Council, he Executive Government and for me a more obvious need, election, when he said of that has also volunteered has resulted in a history of the when matters of conscience new parliament “It’s going to be Executive abusing this power. are concerned. It should not be ugly, but it’s going to be beautiful many community The concept of acting ‘news’ when members determine in its ugliness.” I suspect he disability bodies. Mr collectively is central to the they will cast their vote understood the politics would be Pyne is Australia’s first Australian Labor Party (ALP), according to their conscience. painful, but the policy outcomes quadriplegic Member of something that originated from This means casting your vote in would be nothing short of best the union movement from which a way that allows one to be at practice. I believe history will Parliament. we sprung. The ALP has not ease with our conscience and show this to have been the case.

280 | The Parliamentarian | 2015: Issue Four Questions of Conscience for Members of Parliament

There is a real opportunity the Parliamentary Labor Party In presenting this argument, Above: An aerial view of the lush to more fully engage individual (PLP) during the term of this I draw on the reformist history Whitsunday Islands off the coast members by increasing their Palaszczuk Labor Government of the ALP. Let us say no of Queensland, Australia. freedom to initiate legislation. (Annastacia Palaszczuk is the to ‘business as usual’. This For Labor members, initiating current Premier of Queensland Parliament has already made legislation by introducing a taking over from Anna Bligh). history in appointing Peter that are important to them and Private Members Bill is likely I am not sure how I would Wellington as Queensland’s first their party’s rank and file. to have one expelled or pre- have rationalized my caucus independent Speaker in more The 2015 election changed selection threatened. This membership under a Bligh than 130 years. Peter is a man our parliament and I hope MPs must be re-examined, in the Government that I felt lacked of unquestionable character may change it even more. There knowledge most MPs are not reformist zeal and implemented and ethics whose slogan is, is no chance I will ever become members of the Executive some policies, such as sale of ‘The people’s voice, not a party known as a LINO representative Government, but are members government assets, with which I puppet.’ (Labor in Name Only) but who of the legislature. There is no never could have agreed. Is his appointment as among us know what moral cause to fear members taking Clearly the union background Speaker symbolic of a tests the future holds? on their legislative role, with so many of us share has ensured parliament that will allow more What I do know is politicians numerous checks on any solidarity among members of the freedom from party control, are now regarded with more possibility of creating ‘bad PLP and I for one feel that bond returning more power to the of contempt than ever before law’. These checks include with Labor MPs as I do with people, expressed directly with ‘chopper gate’ and other parliamentary processes, colleagues in the Queensland through their MP? I for one am indulgences just adding fuel such as the requirement to Council of Unions. In terms hopeful, because democracy is a to a blazing inferno. Party comply with fundamental legal of our Liberal/National Party fragile thing and at the moment apparatchiks must realise that principles, the committee system opponents, I cannot see how a public opinion is damaging it is not a ‘win’ to simply observe and the ever-present gaze of party based on individual liberty its continued wellbeing. A one’s own side is marginally less public advocacy groups and the can impose such ‘group thinking’ commitment to support labour hated than one’s opponents. media. An additional check could on Members. Their strict party values and not to act in a In light of this, a ‘steady and be imposed by a convention discipline has been an eye manner ‘inconsistent with the straight’ approach to navigating that members never initiate opener to me, and is a real party platform’ should be enough this ship of state, may see us legislation inconsistent with their shame to observe when they to prove one’s ‘party loyalty’, heading straight over a waterfall party’s platform. collectively lunge to the right of while still leaving MPs great of public discontent. I am fortunate to be part of some of their MP’s values. opportunity to advance issues

The Parliamentarian | 2015: Issue Four | 281 codes of conduct for Members

RULES FOR Parliamentarians: Recent developments concerning the codes of conduct for Members

Purpose principles, but are not stated to be the Code of Conduct.2 The The purpose of this paper is to part of the Code itself; essence of the allegations were discuss the recent Review of the The sections of the Resolution that the Member’s staff had Code of Conduct for Members expressly stated to be the Code not lodged fortnightly records of the Australian Capital generally deal only with “rules” of their working hours over Territory (ACT) Legislative rather than principles; several years and therefore any Assembly, the circumstances The language of the Code accrued time-of-in-lieu could not which led to the Review, and the is internally inconsistent but be calculated. The Member’s outcomes of the Review. generally that of imposition rather staff were active in the 2010 than voluntary commitment; Federal election when, under History The passage on conflict of Assembly rules, they should Dr Chris Bourke MLA Since 1995 there have been interest is expressed in terms of have been on properly approved is a Member of the four inquiries and proposals to “personal conflicts of interest” leave whilst undertaking Legislative Assembly adopt a Code of Conduct for rather than conflicts between electioneering. Furthermore of the Australian Members. The Code that was public duty and private life; one staff member was president eventually adopted in 2005, and The obligation on non- of his party’s ACT branch and, Capital Territory. He is later amended in 2006, was the employment of family members is it was alleged, rarely attended a Government Whip, result of an inquiry conducted stated in terms that would extend his designated workplace at the Assistant Speaker and by the Standing Committee on to a Member’s private business ACT Legislative Assembly.3 Chair of the Standing Administration and Procedure, on ventures; On Tuesday 14 February the recommendation of a previous While the Code requires 2012, the ‘Motion of Grave Committee on Health, Select Committee on Privileges. professional courtesy and respect Concern - Order to Provide Ageing, Community In a recent review of the to be shown to Assembly staff, it Written Statement - Reference to and Social Services. Code of Conduct the Assembly’s is silent on Members’ treatment Independent Auditor’ was moved First elected in 2011, Ethics and Integrity Adviser, Mr of others such as constituents in the Assembly (see opposite Stephen Skehill, noted that the or public servants and others page). he has served as ACT Code did not rate particularly appearing as witnesses before Subsequent to this motion Minister for Education well for commitment, content or Assembly Committees; and a team was appointed by and Training, Industrial compliance which he considered While the section on Use the Speaker to conduct an Relations, Corrections, and to be the essentials of any of Entitlements requires that independent workplace audit, Parliamentary Code of Conduct.1 “appropriate” use be made of which came to be known as the Aboriginal & Torres Strait His specific criticisms were: entitlements and resources, it McLeod Review. Islander Affairs. Prior to “The opening passage of does not extend to complying This Review examined staffing entering politics, he ran a its Preamble is, by comparison with the conditions on which arrangements and whether or successful dental practice to Codes of Conduct in other such are made available, such as not appropriate payments to staff jurisdictions, a relatively shallow periodic reporting and acquittal.”1 were made in the office of the and graduated from statement of principle; Leader of the Opposition for the Melbourne University The second paragraph of Investigation of a possible period 2009-12.5 as the first Aboriginal to the Preamble and the following breach of the code The Speaker said that “In complete a dental degree. statement of Duties as Members In February 2012, a Member selecting the audit team I have of the Assembly express important was alleged to have breached taken the time to seek the views

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LEADER OF THE OPPOSITION - MOTION OF GRAVE CONCERN - ORDER TO PROVIDE WRITTEN STATEMENT - REFERENCE TO INDEPENDENT AUDITOR

That this Assembly: 1. notes with grave concern allegations that the Leader of the Opposition has failed to adhere to the Members Code of Conduct and the Enterprise Agreement under the LAMS Act 1989, section B6, Record Keeping, clauses B6.1 and B6.2 in relation to the proper acquittal of payments to and acquisition of time off in lieu (TOIL) entitlements for staff employed by him under the LAMS Act 1989;

2. expresses its grave concern that despite repeated exhortations from the Clerk and Deputy Clerk, this pattern of behaviour continued over an extended period of nearly of two years;

3. expresses its concern that attendance records can be compiled and submitted in bulk after nearly two years of non- compliance and that those bulk records have been certified as correct by the Leader of the Opposition;

4. notes that: (a) the Canberra Liberals have previously been forced to repay $10 000 in ACT Grant funding to support volunteer organisations; and (b) Opposition Legislative Assembly staff have been counselled previously about the use of Assembly resources for party political purposes;

5. directs the Leader of the Opposition to provide a written statement to the Assembly by close of business Thursday 16 February 2012, answering the following questions: (a) why did the Leader of the Opposition fail to observe his responsibilities under the Members Code of Conduct, paragraph 8 to ensure, in relation to the acquittal of work hours by staff employed by him under the LAMS Act 1989, by allowing periods of up to 22 months to elapse without staff in his office submitting appropriate documentation in relation to attendance, TOIL and overtime; (b) how did the Leader of the Opposition satisfy himself that recollections of attendance up to 22 months earlier were the correct recollection of attendance when he certified those records to be correct; (c) what documentary evidence has been relied upon for the retrospective approvals for unpaid leave and attendance at work during the extensive periods in question; (d) does the Director of Electorate Services in the office of the Leader of the Opposition work in the Leader’s Legislative Assembly office in a full-time capacity; (e) if so, does the Director of Electorate Services have written approval to work off-site away from the office of the Leader of the Opposition in accordance with clause E8 of the Enterprise Agreement; (f) has there been consultation with Corporate Services in accordance with clause E8.2 of the Enterprise Agreement and if so, when was that consultation and with whom; (g) does the Director of Electorate Services in the office of the Leader of the Opposition currently occupy the position of the President of the Canberra Liberals; (h) does this person work in the latter capacity from Level 5, 221 London Circuit, Canberra City; (i) if so, has the holder of these positions sought and received unpaid leave from the Leader of the Opposition’s employment prior to any work as President of the Canberra Liberals, during normal working hours; (j) have any other staff of the Leader of the Opposition have written approval to work off-site; if so, in what capacity and for what periods; (k) have any staff employed by the Leader of the Opposition undertaken party political campaigning or related activities without having received prior approval for unpaid leave from the Leader of the Opposition; and (l) if so, have these periods of political campaigning been declared as gifts or gifts in kind under relevant ACT and/or Federal electoral campaign finance laws; if not, why not; and

6. directs the Speaker to: (a) commission an independent workplace audit of staffing arrangements and whether or not inappropriate payments to staff were made in the office of the Leader of the Opposition for the period 2009 to 2012; and (b) provide the Independent Auditor with all relevant records including relevant building access records and ICT information for the relevant period.4

On Tuesday 14 February 2012, the above motion was moved in the Legislative Assembly of the Australian Capital Territory.

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of the leaders of the three political The arguments presented individuals and the integrity of the “Codes of conduct parties on the appointment.”6 against a Code of Conduct can House as a whole.” The Review team was led be summarised as: She concluded that and defined by Mr Ron McLeod AM, former 1. There are too many rules “Ultimately, it is important that standards of Commonwealth Ombudsman, 2. A Code will unnecessarily the rules are upheld. Trust assisted by Mr Gary Champion restrict Members will be restored by individual behaviour are a Principal of HBA Consulting. 3. A Code will not improve Members considering not only now widespread, The McLeod Review was tabled behaviour their personal integrity but also in the Assembly on 1 May 2012.6 4. Complaints will be how their behaviour, whatever particularly across ‘Political’ their intentions, is perceived by professional bodies McLeod Review 5. Parliamentarians are the external world. This is a high In the Review, Mr McLeod fundamentally different standard and also an aspiration and public services. considered the Code of Conduct which cannot be defined by The contents of and stated: “In the course of the The arguments presented specific rules.” 8 Review it became apparent that for a Code of Conduct can be Dr David Solomon at the these codes and the Assembly’s Code of Conduct, summarised as: 2012 Australasian Study of the expectations which is the principal source of 1. Sets a standard Parliaments Group (ASPG) guidance on ethical standards of 2. Community expectations Conference in Darwin agreed placed upon those behaviour expected of Assembly 3. Builds trust with Nicholas Allen who who are subject Members and their staff, offers 4. Confidence in the points out that “more extensive extremely limited guidance on the institution of Parliament and active regulation has to them change question of the appropriateness 5. Codes of Conduct are institutionalised ethics as a gradually over or otherwise of staff involvement widespread for public feature of political contest and in party political activity while officials helped to institutionalise negative time with changes on duty. A review of the Code is media coverage.”10 in the attitudes of recommended.”7 In Mr Skehill’s view the Mr Skehill reports that This recommendation was arguments for a Code overwhelm all MLAs consider that the society.” formally agreed to by the ACT the arguments against, and he Assembly should have a Code Chief Minister in a letter to the recommended that the Assembly of Conduct.1 This sentiment is The content of the Code must Speaker after the tabling of the continue to have a Code of supported by Dr Solomon, who be appropriate or Members will not McLeod Review. Conduct.1 said “My view from close by is commit and furthermore the Code This view is shared by that on the whole individual MPs will not attract community support. Review of Code of Conduct Ms Kathryn Hudson, UK are very conscious of ethical Compliance with the Code The Speaker wrote to the Parliamentary Commissioner for issues – I talk to them and remind must be supported by an effective Ethics and Integrity Adviser and Standards. In her recent annual them of what is required of them complaints process. commissioned a review of the report she stated: “Codes of – and that they try to observe the Code of Conduct. In his letter the conduct and defined standards of standards that have been set. Content of an effective Code of Speaker also advised that “he had behaviour are now widespread, Almost all of them, anyway.” 9 Conduct requested the Assembly Secretariat particularly across professional The Code of Conduct, argues to develop a draft Code of Conduct bodies and public services. The Essentials for an effective Code Skehill, should be “a statement for the personal staff of Members, contents of these codes and the of Conduct by Members of the way in upon which he would consult expectations placed upon those As stated earlier, there are three which they commit to conduct with the Standing Committee on who are subject to them change essential elements to a Code of themselves as a Member. I Administration and Procedure.”1 gradually over time with changes Conduct according to Mr Skehill recommend that the language of The review was therefore confined in the attitudes of society.” – commitment, content and the Code should be expressed to Members’ conduct. She then stated that “The compliance.1 in terms of what Members will expectations set out by the codes Commitment is taken to mean do rather than what they should Why have a Code of Conduct? provide one of the foundations that all Members should express or must do.”1 He recommends Mr Skehill’s review first for the trust which people have their personal commitment that a Code should not “descend focussed on whether a Code in those who are given power to the Code. Not only should into administrative minutiae” but of Conduct was needed. He over their lives. Without this trust the Code be a Continuing that it should be a statement found that a 2011 Discussion democracy is threatened. Being Resolution of the Assembly but of principles to guide Members Paper by the Australian House a Member of Parliament is not that at each new Assembly all in their conduct as Members. of Representatives’ Standing a profession. Nevertheless, as current Members should have The Code should not intrude Committee of Privileges and representatives elected by their the opportunity to consider, unnecessarily into Members’ Member’s Interests cogently set constituents, Members have a and amend as needed, before lives as private citizens nor their out the arguments for and against responsibility to safeguard their expressing their commitment or membership of political parties. implementing a Code of Conduct. own integrity and reputation as re-commitment to the Code. The important seven principles

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enunciated by the Nolan including making public any private interests relating Above: The main chamber of Committee, the UK Committee appointments, awarding to their public duties and to the Australian Capital Territory on Standards in Public Life, contracts, or recommending take steps to resolve any Legislative Assembly. ought to be central to any Code individuals for rewards and conflicts arising in a way that of Conduct according to Skehill.1 benefits, holders of public protects the public interest. They are: office should make choices 7. Leadership: Holders of handling of alleged breaches 1. Selflessness: Holders of on merit. public office should promote of the Code of Conduct, Skehill public office should take 4. Accountability: Holders of and support these principles concurs with the proposal by decisions solely in terms public office are accountable by leadership and example. the Speaker, put forward in of the public interest. for their decisions and a motion on 5 June 2012, to They should not do so in actions to the public and Compliance appoint a Commissioner for order to gain financial or must submit themselves Mr Skehill recommends Standards to investigate and other material benefits for to whatever scrutiny is that compliance ought to be report on complaints.14 Mr themselves, their family, or appropriate to their office. managed through proper Skehill recommended that the their friends. 5. Openness: Holders of familiarisation with the Code of Speaker, or Deputy Speaker in 2. Integrity: Holders of public office should be as Conduct during the induction of the event of a complaint about public office should not open as possible about all newly elected Members.1 the Speaker, should determine place themselves under the decisions and actions An Ethics and Integrity which complaints are referred to any financial or other that they take. They should Adviser should continue to be a the Commissioner for Standards, obligation to outside give reasons for their resource for Members to seek and which complaints are individuals or organisations decisions and restrict advice, and should continue to frivolous and mischievous. that might influence them information only when report annually to the Assembly’s A commitment within the in the performance of their the wider public interest Standing Committee on Code of Conduct by Members official duties. clearly demands. Administration and Procedure to co-operate with the 3. Objectivity: In carrying 6. Honesty: Holders of public through the Speaker. To Commissioner’s investigations out public business, office have a duty to declare facilitate the timely and effective was also recommended.1

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The Assembly has limited A Code of Conduct and the of Code of Conduct breaches prepared on headed paper sanctions against Members management of non-compliance include:8 from a policy institute and found to have breached the must be consistent with the Act. • A Member sub-leased signed by its general manager Code of Conduct by the Skehill’s opinion1 is that “the office accommodation from - at the time the institute Commissioner for Standards. Self-Government Act would allow a company in which he did not exist and had no The Australian Capital Territory non-compliance with a Code had a substantial interest, general manager. Essentially (Self-Government) Act 1988 of Conduct to be dealt with in a as did his sister-in-law the Member was sending (Cth) (the Self-Government Act) manner short of disqualification to a smaller degree. The the invoice to himself and establishes the legislative and of a Member and the cessation Member accepted he had signing his own cheque. constitutional framework of the of their term as a Member, the breached the rule, albeit not The Committee found that Territory. relevant power to impose a deliberately or knowingly and this was the gravest case sanction vests in the Assembly apologised. No further action it had adjudicated. It was Below: Parliament House itself and could not be delegated recommended. recommended that the in Canberra, the seat of the to a Committee or an officer of the • Claims made by a Member Member be suspended Federal Parliament of Australia. Assembly such as the Speaker.” 1 for research and translation for 12 months but the In the United Kingdom reports services. Invoices were Member resigned before the House could debate the recommendation. • A Member used House of Commons stationery and prepaid envelopes to send constituent letters that contained some party political matters. The Member recognised and accepted the mistake, apologised, retrained his staff and repaid the full cost of sending the letters.

Conclusion The Code of Conduct proposed by the Ethics and Integrity Advisor was adopted by a motion of the Assembly with minor amendments, on 24 October 2013.12 In addition to adopting the Code of Conduct, a motion to commit to the Code was passed on 24 October 2013 with all three leaders of the parties represented in the Legislative Assembly giving their respective parties’ agreement to abide by the code. A motion establishing the Commissioner for Standards was passed by the Assembly on 31 October 2013.13 The role of the Commissioner for Standards is to investigate specific matters referred to the Commissioner by the Speaker, or by the Deputy Speaker if the matter relates to the Speaker, and report to the Standing Committee on Administration and Procedure. Citizens, ACT Public Servants or Members

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“In addition to is not frivolous, vexatious or only Canberra Times 11 Feb 2012 p20; 10. Allen, N. (2010). “Keeping for political advantage. Towell, N The Canberra Times 15 MPs Honest? Ethics Reforms in adopting the In 2015 the first complaint Feb 2012 p1;Towell, N The Canberra the British House of Commons”. Code of Conduct, against a Member under the Times 17 Feb 2012 p16. Public Integrity 12(2) pp. 105-123 new system was referred to the 4. Legislative Assembly for the cited in “Guarding MPs’ integrity a motion to Commissioner for Standards ACT, Minutes of Proceedings no. in the UK and Australia” Dr David commit to who, after investigation, 133, 14 February 2012 Solomon A.M., Queensland Integrity recommended to the Standing 5. Legislative Assembly for the Commissioner the Code was Committee on Administration ACT: 2012 Week 2 Hansard (23 http://www.aspg.org.au/ passed with all and Procedure that the February) p 701 conferences/darwin2012/ complaint be dismissed.14 6. Legislative Assembly for the Session%203%20-%20Solomon. three leaders Another complaint was ACT, Minutes of Proceedings no. pdf of the parties determined by the Speaker to 145, 1 May 2012 11. Legislative Assembly for the not warrant further investigation 7. McLeod, R “Report of the Australian Capital Territory, Notice represented in by the Commissioner. independent workplace audit of Paper no. 151 6 June 2012 the Legislative Discussions for a Code of staffing arrangements in the office 12. Legislative Assembly for the Conduct for Members’ staff of the Leader of the Opposition for ACT, Minutes of Proceedings no. 37, Assembly giving began in 2015 but have not yet the period 2009 to 2012”, ACT 24 October 2013 their respective been resolved. Legislative Assembly, April 2012 13. Legislative Assembly for the 8. Hudson, K “Annual Report of ACT, Minutes of Proceedings no. 40, parties’ References the Parliamentary Commissioner for 31 October 2013 agreement 1. Skehill, S “Review of the Standards, 2012-2013” House of 14. Standing Committee on Code of Conduct for Members of Commons, 3 July 2013 Administration and Procedure, to abide by the Legislative Assembly for the http://www.publications. “The conduct of Mrs Burch” The the code.” Australian Capital Territory” http:// parliament.uk/pa/cm201314/ ACT Legislative Assembly, June www.parliament.act.gov.au/__data/ cmselect/cmcomstan/317/317.pdf 2015 http://www.parliament. of the Assembly may make a assets/pdf_file/0008/369980/ 9. Solomon, D “Guarding MPs’ act.gov.au/__data/assets/pdf_ complaint to the Speaker who ReviewCodeofConduct-July_2012.pdf integrity in the UK and Australia”, file/0003/741216/Report-6_The- will determine on reasonable 2. Towell, N The Canberra Times APSG Conference paper 2012 conduct-of-Ms-Burch-MLA.pdf grounds that there is sufficient 11 Feb 2012 p1 http://www.aspg.org.au/ evidence to justify investigating 3. Towell, N The Canberra Times conferences/darwin2012/ the matter and that the complaint 10 Feb 2012 p1; Editorial, The Session%203%20-%20Solomon.pdf

The Commonwealth Parliamentary Association (CPA) produces a number of documents and booklets for Parliamentarians and Parliamentary staff including the Recommended Benchmarks for Codes of Conduct for Members of Parliament.

Please contact [email protected] for further information or visit www.cpahq.org to download a copy.

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PARLIAMENT AND THE INDIAN ECONOMY: YESTERDAY, TODAY AND TOMORROW

The Indian economy has originating in the United States the vision of the founding received worldwide attention of America and gravely affecting fathers of our Republic and the primarily due to the upsurge of the world economy, could not builders of modern India. our growth rate following the cripple the onward growth Mahatma Gandhi, the Father adoption of the full-fledged process in India. The world of our Nation, wrote about the economic reforms in 1990s. marveled at our resilience to economic constitution of India It is widely accepted that Dr. withstand the arresting impact on 15 November 1928. He Manmohan Singh, the Prime of the financial crisis. We grew stated “According to me, the Minister of our country is the at more than six per cent in spite economic constitution of India… architect of those reforms which of the collapse in the economy should be such that no one he introduced during his tenure of some developed economies. under it should suffer from want Shri Satya as the Finance Minister when Mr. Narasimha Rao was Prime Centre of Gravity of World “We must be Narayana Sahu is Minster. But it was Shrimati Economy Shifting to Asia Joint Secretary in the Indira Gandhi, who as the Prime We must be mindful of the fact mindful of the fact Rajya Sabha Secretariat. Minister of India between 1980 that the centre of gravity of the that the centre and 1984, commenced the world economy is irreversibly He served as an Officer liberalization of exports and shifting to Asia. In fact, the of gravity of the on Special Duty to the imports and which heralded engine of the world economy in world economy is late President of India, the age of reforms for Indian the 21st century is going to be Shri K.R. Narayanan economy. India and China. Therefore, the irreversibly shifting The growth rate of Indian entire world is attracted to India to Asia. In fact, the and as a Director in the GDP, which hovered around as a major centre for investment, Prime Minister’s Office. 3 to 4%, was often described trade and commerce. This is the engine of the world T he views expressed are as Hindu rate of growth due status of the Indian economy economy in the 21st personal views of author to the painfully slow pace at in the world in the 21st century which the economic progress and in the foreseeable future, century is going and are not of the Rajya of the country took place. India is going to play a major to be India and Sabha Secretariat. The consistent rate of growth role determining the contours of of Indian economy beyond world economy. China. Therefore, 6% and even in some years the entire world is catching up to 9% is considered Mahatma Gandhi’s Economic unprecedented by economists Constitution attracted to India as and developmental theorists. To understand the today and a major centre for The buoyancy of the Indian tomorrow of the Indian economy economy has stunned the world. as indicated above, we need to investment, trade The financial crisis, peep into history and recapture and commerce.”

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of food and clothing. In other should be freely available to all the destitution that we witness Above: Ceremonial gates in words everybody should be able as God’s air and water are or today not only in this unhappy New Dehli, India. to get sufficient work to enable ought to be; they should not land, but in other parts of the him to make the two ends meet. be made a vehicle of traffic for world.” And this ideal can be universally the exploitation of others. Their realize in practice the vision of realized only if the means of monopolization by any country, Socialistic Pattern of Society Mahatma Gandhi. The entire production of the elementary nation or group of persons would and Mixed Economy planning process and wide necessaries of life remain in the be unjust. The neglect of this After we attained independence range of activities to rebuild control of the masses. These simple principle is the cause of our challenging vision was to our economy, which suffered

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colonial exploitation, aimed at for growth and development, We need to be mindful of the necessary in an economy which unleashing entrepreneurial spirit the private sector was to use fact that today the growth of is driven by the corporate and for greater productivity and the its business skill and expertise the Indian economy is primarily private sectors. removal of poverty and hunger. to take the country forward. due to the growth of the However, it is extremely The structure of the mixed Socialistic patterns of society private and corporate sectors. important to bear in mind that economy we adopted was part was not reduced to a control In the Planning Commission greater growth unaccompanied of the strategy to uplift India regime or a regime where the documents, it is made very clear by the sensitivity of from backwardness and make economy was stagnant and that the future trajectory of entrepreneurs for larger social it a leading player in the world inward looking. Nehru in that Indian economic growth would issues will spell trouble for economy. famous speech boldly said that be determined by the expanding society. Mahatma Gandhi wrote Today, we are talking our economic policy would economic activities of the private a constructive programme in about multiplying our growth lead to considerable increase and corporate sectors. 1943 with eighteen points. and increasing national in national income and it would He had the grand vision to wealth manifold. These aim at plenty and equitable Parliamentary Standing transform India through that pronouncements are seen as distribution. Committee on Finance and constructive programme. One the idiom of liberalized and Corporate Social Responsibility of the points in the constructive globalised India. Social Responsibilities of (CSR) programmes was on Economic In fact it would be extremely Business and Open and Caring Therefore, today there is Equality. Dilating on the subject misleading to say that greater Economy increasing talk about corporate of Economic Equality, he warned productivity and acceleration of Today, the Indian economy is social responsibility and the that “a violent and bloody economic growth is inseparable counted as a vibrant economy need to make corporate social revolution is a certainty one from the new liberal policies. The even though, over the years, our responsibility mandatory for day unless there is a voluntary architect of modern India and growth rate has been between the private players in our abdication of riches and the the first Prime Minister of our 5% and 6%. We may safely economy. There is resistance power that riches give and country, Pandit Jawaharlal Nehru say that we have reached a from such players to have a sharing them for the common delivered his famous speech at reasonable stage for achieving legally mandated architecture for good.” the 60th Session of the Indian greater productivity in spite corporate social responsibility. Today when our riches have National Congress at Avadi of a decline in growth rate. It The Parliamentary Standing multiplied, it is important to on 22 January 1955. It was a is evident from the scale of Committee on Finance, while share them to stem the tide of speech of historic importance. economic activities within the examining the Companies Bill bloody and violent activities in That speech will be forever country and the manner in which 2011, reported to Parliament many parts of our country which remembered for proclaiming some Indian companies are through its 57th Report in June suffered due to poverty, hunger, the enduring idea of “socialistic acquiring the world renowned 2012 that companies would unemployment and above all due pattern of society.” plants and factories across the make every endeavour to spend to poor governance and delivery It formed an integral part world. Such accomplishments 2% of the average net profit of of essential services. of the mixed economy giving must be accompanied by their company on CSR activities. importance to the public and equitable distribution and The Committee also Resilience of Public Sector private sectors for rebuilding inclusive growth which is the recommended that in cases Enterprises (PSEs) have our nation. While public sector central theme of our economic where the company failed to enabled India to withstand enterprises were hailed as progress. The last man or woman spend such an amount on CSR, financial crisis the commanding heights of in the street must benefit from the Board of the Company would Prime Minister Nehru’s vision our economy for generating economic growth. disclose the reasons for such so eloquently articulated in impulses and productive forces When Prime Minister Dr. failure. Such recommendations 1955 for producing plenty and Manmohan Singh assumed of a Parliamentary Committee distributing the produce equally, Below: The Parliament building office in 2004, he stressed on underline the point that social bears enormous significance. in India. an open and caring economy. responsibilities of companies are To achieve that goal we have to have a balance between regulation and deregulation. Professor Joseph Stiglitz, who wrote the famous book ‘Making Globalization Work’, has stated that the absence of balance between regulation and deregulation has, in most of the economies of the developed

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countries, contributed to their fall. making. Through the activities that planning must take note Mahatma Gandhi’s Vision for a We could withstand the financial of the Committee and through of the need to provide more Caring Economy crisis due to the regulation of our its numerous reports, the purchasing power by way of When Mahatma Gandhi went economy particularly the banking Government has been made wages, salaries and so on. The to South Africa in 1893, he sector. aware that the revival and economy of today and tomorrow understood that many Indians Our Prime Minister, Dr. restructuring of the public sector thus has to grow at a faster pace were reaping better profits than Manmohan Singh has said that enterprises are achievable and at the same time strengthen the white population by engaging the resilience of public sector objectives. our people by augmenting their themselves in business activities. enterprises particularly the The then Secretary of the purchasing power. To achieve He observed that they were resilience of the public sector Department of Heavy Industries, this we need to make our growth subjected to discrimination in a banks helped us to overcome the Shri Sundaresan had said that process more inclusive. calculated manner so that they financial crisis. liberalization does not mean could not pursue their business reversion to a laissez faire Parliamentary Committee on interests. The British settlers Parliamentary Standing economy or loss of space for the Industry advanced the cause in South Africa stated that Committee on Industry and State. The State will play a key of Micro, Small and Medium Indians did not have any right Public Sector Enterprises role in shaping our economy and Enterprises (MSME) to do business and, therefore, (PSEs) taking care of the people who Along with the growth and withdrew that right which was The Department-related are mired in poverty, illiteracy and expansion of the corporate enjoyed by them. Parliamentary Standing ill health. Recently Professor sector, our micro, small and Mahatma Gandhi proclaimed Committee on Industry toured Amartya Sen had stated that the medium enterprises have to that “Indians are born traders.” several parts of the country, role of the State is very critical in grow because they are creating One of the objectives of his examined numerous public taking forward the cause of the employment opportunities for first Satyagraha was to restore sector enterprises (PSEs) and Indian economy. people and remain close to the the rights of Indians to do understood that many of our grass roots of our economy. business. More than a hundred PSEs are as productive and Indian Economy is largely The architecture of credit years after that Satyagraha, competitive in the open economy decoupled from the world for such enterprises has to Indians have emerged as world as private sector companies. economy be as vibrant and accessible class entrepreneurs and India The Committee firmly The economy of tomorrow will to entrepreneurs as it is is hailed as a key business concluded that the revival take birth from the womb of to the corporate sector. centre of the world. Before and restructuring of many of the economy of today. We are The Department related the commencement of the first these enterprises will make fortunate that our economy is to Parliamentary Standing Satyagraha in South Africa, them more vibrant and profit a great extent decoupled from Committee on Industry Mahatma Gandhi famously the rest of the world. 1.2 billion studied the credit flow to the wrote in his autobiography ‘My people of India constitute a huge MSME sector and submitted a Experiments with Truth’ that he “Along with reservoir of human resource. report to Parliament in which saw truth in the sufferings of the growth and The very consumption level of it recommended a host of Indians. He wanted to remove 1.2 billon people will sustain our measures for greater access their sufferings and achieve expansion of the economy. It is a very big market of the MSMEs to institutional truth. He did so when Indians corporate sector, which is the envy of the world. finance. The Committee lost their right to do business. In the age of geo-economics, also recently reviewed the When the economy of India our micro, small following the declining implementation of the MSMED is flourishing and growing at an and medium significance of geo-politics, India Act 2006 and presented a report impressive rate, our business assumes significance for its vast to the Chairman of Rajya Sabha. people must see, like Mahatma enterprises have population which is the strength It contains recommendations to Gandhi, truth in the suffering of to grow because of our economy and nation. The further empower the MSMEs of their fellow countrymen. economic growth, based on India for economic growth and This vision of Gandhi must be they are creating inclusion and distributive justice, development. integrated to all our economic employment is the economy which is required By augmenting our activities to generate an today and which will have to be a manufacturing activities and economy which would eradicate opportunities reality tomorrow. increasing investment in the poverty, empower people and for people and Prime Minister Jawaharlal social sector, these employment make us prosperous. These must Nehru in his speech at the Avadi generation activities would be the defining features of our remain close Session, where he spoke about contribute to creating a caring economy. to the grass the socialistic pattern of society, economy. Any departure from The economy of today must observed that planning has to such processes will breed violent remain tuned to those features roots of our balance heavy industry, light tendencies. to make India a happy country. economy.” industry, village industry and cottage industry. He also said

The Parliamentarian | 2015: Issue Four | 291 Role of Public Accounts Committees in the Pacific Region The Role of Public Accounts Committees in the Pacific Region The Meeting of Public Accounts Committees of the Pacific Region in New Zealand in August 2015 established the Pacific Network of Public Accounts Committees (PaNPAC). The Chairman of the Public Accounts Committee of the Solomon Islands reports.

During the Meeting of Public institutions of government. setting Pacific benchmarks Accounts Committees of the Reflecting on the experience, and advocacy for Pacific Region in Wellington, I would say that the meeting accountability, transparency New Zealand from 26 to 27 has enlightened me more on and anti-corruption issues. August 2015, the Pacific the role of PAC and what it Network of Public Accounts can do to ensure an effective The initiative is geared at Committees (PaNPAC) was oversight role by Parliament. The strengthening financial scrutiny established. meeting provided the opportunity and improving performances, by Eight Pacific legislatures for those of us representing setting standards and mobilizing namely the Cook Islands, Fiji, Pacific legislatures, to discuss support for financial oversight New Zealand, Niue, Samoa, our common challenges and committees in the Pacific. It is also Hon. Rick Nelson Solomon Islands, Tonga and experiences in performing our to ensure better understanding of Vanuatu inaugurated its parliamentary scrutiny roles. the important role of PACs and to Houenipwela formation. Another very important strengthen the capacity of PAC MP is the Member of The network is the newest outcome of the meeting was that members and their support staff. Parliament for Small to have joined other Public we discussed ways and means of This is also aimed to fine-tune the Malaita Constituency and Accounts Committee (PAC) enhancing information sharing as relationships between PACs and Networks and Associations well as learning from each other’s the Offices of the Auditor General. Chairman of the Public amongst Commonwealth experiences. In many ways this meeting has Accounts Committee at Parliaments around the world. These include regular increased my understanding of the National Parliament The aim of the network conferences and meetings that the important role the PAC plays of the Solomon Islands. is to improve the capacity of will focus on identified activities. in the overall scheme of things, Parliaments in the Pacific Region Such activities would include; more particularly in Parliamentary He served as the Governor to hold governments to account • peer-to-peer knowledge oversight on public finances. It of the Central Bank of for their use and management of transfer and skills has enabled me to appreciate the Solomon Islands and public finances. development (potentially the role I play in ensuring the was a Senior Advisor to The network aims to set a evolving to peer-exchange effectiveness of the PAC. Indeed platform whereby the Pacific and peer-assistance the work that my Committee the World Bank before community of PACs and their support); does can be best described as going into Politics. He was stakeholders such as the • discussions on common “… an extension of Parliament...” Minister for Public Service Supreme Audit Institutions, can challenges; development That to me is an apt and Finance Minister share information and draw of work practices, including description to reflect the on best practices for financial publications of templates for significance of the job in the last government scrutiny and Parliamentary review and reporting; requirement of my Committee, (2010 – 2014). oversight that will enhance public • practical research on PAC or any Finance Committee administration efficiency and mandates, powers and for that matter, in performing greater public confidence in the • Membership with a view to the important role of financial

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scrutiny and oversight, as with the Solomon Islands politics Hon. Ajilon Nasiu. Above: The Chairman of the delegated by Parliament on and politicians. That experience Needless to add, my Public Accounts Committee behalf of the people. itself made politics a ‘no-go- professional experience has at the National Parliament of I served most of my zone’ for me! In fact the family assisted me well in my role as the Solomon Islands, Hon. professional life with the Central had already resolved on that PAC Chairman. In particular, my Rick Houenipwela MP (centre) Bank of Solomon Islands. Fifteen well before my retirement from experience as former Governor with PAC Committee Member of those years I served as the the Bank in 2008 and I hence of the Central Bank and Finance and the Leader of the Official Governor, during which time I never envisaged becoming a Minister are a very powerful Opposition, Hon. Jeremiah have had my moments tussling politician. However, due to an tool in my current role as the Manela (left) and the Auditor unwavering persistence from our PAC Chairman, as it provides General (Acting) Mr. Robert community leaders throughout an excellent overview of public Cohen (right). “This level of the constituency I agreed to run finances and the national cooperation, apart for the Small Malaita Seat in accounts more generally. on the Committee – is key to 2010. In the last nine months I the success in our Committee from the variety During my first term in the believe my Committee has operations and outcomes. and wealth of 9th Parliament, I served both fulfilled its functions well and During one of our major as Minister for Public Service performed its role as expected of projects since our appointment, experience that and as the Finance Minister. it, because I have received strong the Committee inquiry into we have on the Following the last general support from my Committee the 2015 Appropriation Bill, elections, and upon returning to members. Attendances to invitations to stakeholders Committee – is the 10th Parliament, my party is Committee deliberations and such as senior public officers key to the success on the Opposition Bench of the Committee hearings have from our government ministries House. Earlier this year I was eventuated and we have always are received well and taken in our Committee appointed as the Chairman of cooperated well on projects. seriously, a process that operations and the Public Accounts Committee This level of cooperation, apart previous Committees have had by the Speaker of the National from the variety and wealth difficulties with. outcomes. ” Parliament of Solomon Islands, of experience that we have My Committee has also

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developed a generic template background when deliberating procedures of Committee Parliament, which ensures better which guides witnesses for on the government’s proposed proceedings, for which a policy and budget outcome that Committee inquiries such as budget. cooperative relationship has will benefit the public. public officers, to produce In the Solomon Islands, been established to liaise with I am assured that is what relevant information that the the PAC would not function the Committee Secretariat and PaNPAC is all about for us in Committee members would effectively without the Parliament. the Pacific. It is an avenue for need for the inquiry and also exceptional support from its My Committee welcomes us to share and learn from each to assist in informing well its secretarial team. One unique collaboration within the spheres other because we acknowledge reports to Parliament. This is feature of the National Parliament of parliament and beyond. We are that Parliamentary Finance the first of its kind. The initiative of Solomon Islands is having optimistic of our joint sessions Committees do play an important has brought about stronger the Auditor General as the with the Public Expenditures role in our legislatures. If we are mutual understanding between substantive Secretary to the Committee and grateful for our effective and perform our role the Committee and our senior PAC. Apart from that, the PAC audiences so far with the Pacific with the best of our abilities, we government officers, as well as also has its own Clerk of the Media Assistance Scheme can make impacts that ensure other witnesses more generally. Committee. Hence we were able (PACMAS), International and better policy outcomes for our This year my Committee also to deploy administrative support Local Government Departments people. It is therefore essential took the Inquiry to a higher scale and accounting advice when and the Pacific Association for that we ensure our Committee when we invited International necessary. Supreme Audit Institutions. Secretariats are adequately Financial Institutions to give their It is worth emphasizing that I concur with the Speaker resourced so that in return we can views on the state of the Solomon the excellent support from of the New Zealand House of benefit from the efficient services Islands economy and State the Committee secretariat is a Representatives, Rt. Hon David they provide. Owned Enterprise, and for their very important reason for the Carter in saying that Pacific views on the current environment effective work of the PAC and its Legislatures face challenges for carrying on business and for outcomes since our appointment. specific to their size, capacity the potential for doing business in The Secretariat’s initiative and geographic isolations. the Solomon Islands. to run Information Workshops However, the exchange of ideas Below: A view of the the The advantage from this for potential stakeholders and professional development National Parliament process was that it provided a to our 10 Parliamentary is necessary for building an of Solomon Islands. wider scope of and balanced Committees, has also redefined effective PAC and ultimately Photo credit: Synexe commentary on the economic public misperceptions on the a stronger and an effective

294 | The Parliamentarian | 2015: Issue Four Commonwealth Parliamentary Association Conferences, Seminars and Events

Top left: The Asian Regional Above and top right: The CPA collaborated with the World Bank Group and the African Centre Association of Public Accounts for Parliamentary Affairs on the delivery of the West Africa Association of Public Accounts Committees (ARAPAC) Annual General Committees (WAAPAC) 6th Annual Meeting and Accountability Conference which was held meeting took place in Kathmandu, in Lomé, Togo. The CPA sponsored the participation of Members of Parliament, Auditors Nepal in partnership with the CPA and General and Public Accounts Committee (PAC) Clerks from Sierra Leone and Nigeria, and the World Bank Group. The meeting the CPA was represented by Hon. Alban S.K. Bagbin MP, Majority Leader of the Parliament of was opened by Hon. Abdulla Shahid Ghana and Member of the CPA Executive Committee. MP, CPA Executive Committee Member, speaking on behalf of the CPA Secretariat.

Right: Parliamentarians attend a meeting of Public Accounts Committees in the Pacific Region hosted by the Speaker and Parliament of New Zealand in Wellington, organised by the World Bank Group in partnership with the CPA. The event saw the launch and inaugural meeting of the Pacific Network of Public Accounts Committees (PaNPAC). Members of Parliament from the CPA Branches of the Cook Islands, New Zealand, Niue, Samoa, Solomon Islands and Tonga attended, as well as Members from Vanuatu and Fiji and PAC Clerks from Fiji, New Zealand, Niue, Solomon Islands and Vanuatu.

The Parliamentarian | 2015: Issue Four | 295 Commonwealth Parliamentary Association Conferences, Seminars and Events

Left: Parliamentarians from India, Jamaica, Kenya, Pakistan and Zambia met for the CPA Workshop on the Role of Parliamentarians in Constituency Development Funds (CDF) at the CPA Secretariat in London, UK., in partnership with the State University of New York Centre for International Development.

Below: Participants in the CPA Parliamentary Staff Development Seminar for the Africa Region which took place in Kampala, Uganda, hosted by the CPA Uganda Branch. The Parliamentary Staff Development Seminar Africa was opened by the Clerk of the Uganda Parliament.

Above: Commonwealth Parliamentarians gathered for the CPA Legislators Expert Workshop on Climate Change in London, UK organised by the CPA Secretariat in partnership with the United Nations Environment Programme (UNEP).

Above right: 22 Parliamentary staff from Lok Sabha Secretariat, India, the Parliament of Kenya and the National Assembly of Nigeria visited the CPA Secretariat to discuss the CPA’s work in parliamentary strengthening and development programmes as part of a RIPA Parliamentary Administration visit: Benchmarking against the UK Parliament.

Right: The 7th Commonwealth Youth Parliament, hosted by the Legislative Assembly of the Northern Territory in Darwin, Australia in partnership with the CPA, saw the participation of 50 young people and mentors from across the Commonwealth. Participants were welcomed by the Speaker of the Legislative Assembly of the Northern Territory, Hon. Kezia Purick MLA.

296 | The Parliamentarian | 2015: Issue Four Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS

42nd General Election and THIRD READINGS British Columbia, Canada the new parliament in Page 300

CANADA New Zealand Page 298 Page 301

Australia With thanks to Parliamentary Page 304 Report and Third Reading contributors: Stephen Boyd NEW ZEALAND AUSTRALIA (Parliament of Australia); India Ravindra Garimella (Parliament 150 years in Wellington and New Prime Minister and of India); Michael Dewing the use of social media in Cabinet changes Page 308 (Parliament of Canada); Luke Harris (Parliament of New Parliament Page 306 Zealand); Ron Wall (Legislative Page 302 Assembly of British Columbia).

The Parliamentarian | 2015: Issue Four | 297 PARLIAMENTARY REPORT CANADA 42nd General Election and the new parliament

42nd General Election from 1965 to 1980 - he is also number of seats from four On 19 October 2015, the the grandson of another former to 10. Conservative Party under Rt. MP, Hon. James Sinclair, who Of the 121 seats in Ontario, Hon. Stephen Harper, MP, represented a British Columbia 80 went to the Liberal Party, was defeated in the general riding from 1940 to 1948. Mr. 33 to the Conservatives and election. Trudeau was first elected in eight to the NDP. In 2011, The Liberal Party, led 2008 and became leader of the the parties took 11, 73 and 22 by Rt. Hon. Justin Trudeau, Liberal Party in 2013. seats respectively. MP, won a clear majority in Following the election, Mr. In Western Canada the House of Commons. Harper resigned as leader of (Alberta, British The Conservative Party, the Conservative Party, but Columbia, Manitoba and which had been in power said he would continue to sit Saskatchewan), the Liberal since 2006, became the as MP. The Conservative Party Party increased its seats from Rt. Hon Justin Trudeau, MP Official Opposition. The New said the elected House of four in 2011 to 32, the NDP Prime Minister of Canada Democratic Party (NDP), Commons caucus would elect went from 16 seats to 20 which had been the Official an interim leader. Meanwhile, and the Conservative Party of 10 indigenous MPs were Opposition, became the third the Party will create a dropped from 74 seats to 54. elected, up from seven in party in the House. Committee to set out the rules The three northern ridings the 2011 election. As well, As happens after each for selecting a new leader. (Northwest Territories, Nunavut the new Parliament includes decennial census, the Mr. Duceppe, who had and Yukon) went to the Liberal Canada’s first MPs of Somali, number of seats in the House come out of retirement to lead Party. In 2011, two were held by Afghan and Iranian descent. of Commons has been the BQ, was defeated in his the Conservatives and one by adjusted to take into account riding. He stepped down as the NDP. The Reform Act, 2014 population changes. For the leader and retired from public takes effect 42nd Parliament, there are 338 life for good. Newly elected The make-up of the new As mentioned in the previous seats, up from 308. member Rhéal Fortin, MP, Parliament issue of The Parliamentarian, The Liberal Party won was chosen to lead the BQ in In terms of gender balance, in June 2015, Parliament 184 seats, up from 36 at the House of Commons. 88 women were elected. passed The Reform Act, dissolution. The Conservative At dissolution, there were 2014, and it came into force Party took 99 seats, down Regional results 77 female MPs. Because seven days after the general from 159. The NDP, under With the exception of Atlantic there are now more seats election. Under the Act, at Hon. Thomas Mulcair, MP, Canada and the far North, the in the House, however, the first caucus meeting won 44 seats, down from 95. three main political parties the percentage of female of each recognized party The Bloc Québécois (BQ), now hold seats in every region MPs increased by only one following a general election, led by former MP Gilles of the country. The BQ ran percentage point to 26%. the caucus must decide Duceppe, won 10 seats, just candidates only in Québec. The proportion of first-time whether caucus members shy of the 12 seats needed In Atlantic Canada (New MPs in the new Parliament will be able to vote on calling for recognition as party in the Brunswick, Newfoundland is the highest since 1993, leadership reviews, electing House. The Green Party took and Labrador, Nova Scotia when 199 first-time MPs were and reviewing the caucus one seat, that of its leader, and Prince Edward Island), elected. This year, 197 MPs chair, expelling or readmitting Elizabeth May, MP. the Liberal Party took all 32 were elected for the first time - a caucus member, or electing Voter turnout was 68.5%, seats, the first ever sweep of 58% of the total. In comparison, an interim leader. It is which was up 7.4 percentage the region. in 2011 108 MPs were elected noteworthy that under these points over the turnout in the In Québec, the Liberal for the first time, a proportion of amendments, caucus refers 2011 election. In fact, it was Party took 40 seats of the 78 35%. In addition, while 17 of the to only the members of the the highest level since 1993. seats, up from seven in 2011, MPs elected this year had not House of Commons who are Mr. Trudeau is no stranger while the NDP went from 59 sat in the previous Parliament, members of the same party. to public life. The son of former seats to 16. The Conservative they had served in earlier Prime Minister Rt. Hon. Pierre Party went from five seats to Parliaments. For further information Elliott Trudeau - who served 12 and the BQ increased its In terms of ethnic about the new Reform Act as MP for a Montreal riding diversity, a record number please turn to page 276.

298 | The Parliamentarian | 2015: Issue Four CANADA

Party Standings in the did just that at the request of These recommendations cabinet government, the role Senate the Prime Minister. Both times, focused on strengthening of the public service and the On Election Day, there the Conservative government Parliamentary Committees. accountability of political were 22 vacancies in the held a minority of the seats To this end, the panel staffers. 105-seat upper house. Of in the House. In 2011, the recommended that sitting senators, 47 were Conservative Party gained Committee Chairs should First Anniversary of the Conservative. The Senate a majority, and the election be elected by secret ballot Attack on Parliament Liberals held 29 seats. took place, as provided by the and that they and Committee On 22 October 2015, a (Although identified as Canada Elections Act, on the Members should retain their solemn ceremony was held Liberals, ever since Mr. third Monday in October in positions for Parliament’s full at the National War Memorial Trudeau announced that they the fourth year following the four-year term. to commemorate the first would sit as independents in last general election. With the The panel also anniversary of the attack on January 2014, they are not part Liberal Party holding a majority, recommended that Parliament Hill and the deaths of the Liberal parliamentary the next fixed Election Day is Committees should be able of Corporal Nathan Cirillo, caucus.) There were also 21 October 2019. to set their own meeting who was gunned down as seven independent Senators. schedules and to meet he stood guard at the Tomb Faced with obstacles in Senator’s trial during periods of recess. of the Unknown Soldier, and his attempts to reform the On 28 October, Senator Hon. The panel recommended of Warrant Officer Patrice Senate and the way senators Patrick Brazeau was given there be fewer Committees, Vincent, who was deliberately are appointed, Prime Minister an absolute discharge after that these be provided with run down in Saint-Jean-sur- Harper had said he would not he pleaded guilty to charges effective resources and that Richelieu, Québec two days appoint any more Senators of assault and possession of new technologies be used earlier. Governor General until the provinces decided cocaine. He is still charged to improve engagement with His Excellency Rt. Hon. on meaningful reform. In with fraud and breach of trust the public. Finally, the panel David Johnston attended his electoral platform, Mr. and his criminal trial on these recommended that Ministers the ceremony, and Prime Trudeau said he would create charges is expected to take and deputy Ministers Minister Stephen Harper a non-partisan, merit-based place in March 2016. appear regularly before the and Mr. Justin Trudeau laid a process to advise him on Committees. wreath together. Senate appointments. Panel on institutional reform The panel’s other Senators serve until age 75. On 28 October 2015, Canada’s recommendations dealt with During 2016, four Senators will Public Policy Forum, an reach retirement age. independent organization that Following the election, a works to improve the quality group of about 40 senators of government, issued a report met to discuss the future of entitled ‘Time for a Reboot: the Senate. They debated Nine Ways to Restore Trust in items such as question Canada’s Public Institutions.’ period in the Senate, the size It was written by a panel of Senate Committees and that was chaired by Jim the election of the Speaker. Dinning, former Treasurer At present, the Constitution of Alberta, and which also requires the Senate Speaker included Hon. Jean Charest, to be appointed by the former federal cabinet minister Governor General on the and former Premier of Québec, advice of the Prime Minister. and Hon. Kevin Lynch, former Clerk of the Privy Council. Fixed Election Day The report identified the The 42nd General Election centralization of decision- was the first to be held on a making in the hands of fixed day. Fixed election days unelected officials as one were established in 2007 of the main threats to good through amendments to the governance. To counter this Canada Elections Act. These tendency, the panel made a amendments explicitly did not number of recommendations limit the power of the Governor for restoring the balance General to dissolve Parliament, between the executive and however, and in both 2008 and legislative branches. 2011 the Governor General

The Parliamentarian | 2015: Issue Four | 299 PARLIAMENTARY REPORT CANADA

THIRD READING: BRITISH COLUMBIA, Canada

Auditor General for Local Government Amendment Act, 2015 intended for sale or release. Sanctions for licensees who break the rules The Auditor General for Local Government Amendment Act, 2015 would now range from a warning letter, to monetary penalties that do not strengthens and clarifies governance and accountability mechanisms for involve the courts, to licence suspension or termination depending on the Auditor General for Local Government (AGLG). The Auditor General the seriousness of the violation. This will provide more flexibility than the for Local Government Act was adopted in 2011 to establish an AGLG current enforcement options, which only include licence suspension or with a mandate to conduct performance audits of the operations of local cancellation, seizure or the levy of a fine that involves the court system. governments. The Act also created an Audit Council comprised of no The Act is being modernized to capture changes in the way movies are less than five members appointed by the Lieutenant Governor in Council, distributed to theatres in present day, for example, by satellite and digital which is responsible for recommending an individual to be appointed as distribution, and definitions for terms such as film‘ ’ and ‘motion picture’ will AGLG, and reviewing and monitoring the performance of the AGLG. be updated. The legislation also streamlines licensing requirements for The first AGLG appointed under the Act was dismissed by theatre owners and aligns the statute with case law regarding obscenity government in March 2015 as a result of performance concerns. and child pornography provisions in the Criminal Code of Canada. Based on lessons learned from the functioning of the first AGLG, The changes reform the Act for the first time since 1986. The legislation the legislation removes the requirement that the individual appointed was supported by stakeholders, including Consumer Protection BC, a not- as AGLG be authorized to be an auditor of a company under section for-profit corporation that acts at arm’s length from government and issues 205 of the Business Corporations Act, provides that the Minister, as licences for the motion picture and video industry based on the requirements well as the Audit Council, may make a recommendation regarding of the Act. The legislation was welcomed by Members on all sides, and the suspension or removal of the AGLG, and enables the Lieutenant adopted unanimously. The Act received Third Reading on 6 October 2015. Governor in Council to suspend or remove the AGLG with or without cause. Other amendments permit the Audit Council to request the Franchises Act AGLG to provide certain records or information, require the AGLG to The Franchises Act provides legal rights and remedies to business owners consider the comments of the Audit Council on performance audit who operate or are looking to operate a franchise business in the province. reports and annual reports, and enable the Minister to review the Act To help open the door for franchising investments in British Columbia, the and the functioning of the office of the AGLG at any time. legislation standardizes franchising arrangements across the province, During Second Reading Debate, Hon. Peter Fassbender, Minister ensures that franchisees have all the relevant business information they of Community, Sport and Cultural Development, indicated that the “… need before making a decision to invest and upholds franchisors’ rights to resulting amendments strengthen the legislative authorities of the minister, freely contract to allow for the success of the franchise. the audit council and the AGLG as well as support them in the fulfilment of The legislation parallels similar enactments in Alberta, Manitoba, their duties and responsibilities.” Ontario, New Brunswick and Prince Edward Island. The specific provisions The Opposition Spokesperson for Local Government and Sports, of the legislation were developed in consultation with the British Columbia Hon. Selina Robinson, MLA, however, felt that the legislation would Law Institute, following work done by the Uniform Law Conference of “strip the independence of this office – independence that the previous Canada. An advisory group of franchise law experts in the province also ministers said was absolutely critical to this office functioning.” provided advice and feedback in the development of the legislation. During The Auditor General for Local Government Amendment Act, 2015 the debate, government and opposition Members expressed support for received Third Reading on 7 October 2015. the legislation as a measure which builds on experience with initiatives across Canada to assist franchising arrangements and which will promote Motion Picture Amendment Act, 2015 the growth of small businesses in British Columbia. The Motion Picture Amendment Act, 2015 improves the regulation of the The Franchises Act was supported unanimously, and received Third public exhibition of motion pictures in theatres and adult motion pictures Reading on 20 October 2015.

300 | The Parliamentarian | 2015: Issue Four NEW ZEALAND

THIRD READING: new zeaLAND

Health and Safety Reform Bill The Sale and Supply of Alcohol (Rugby World Cup 2015 The Health and Safety Reform Bill, a Government Bill, was Extended Trading Hours) Amendment Bill introduced on 10 March 2014 with the aim of reforming New The Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Zealand’s workplace health and safety system, partly in response Trading Hours) Amendment Bill, a Member’s Bill in the name of to the royal commission into the coal mine tragedy at Pike River in David Seymour MP (Leader, ACT), was passed on 26 July 2015. 2010, in which 29 men were killed. The Bill was subsequently divided The Bill provides for extended licensing hours during the 2015 into the Accident Compensation Amendment Bill, the Employment Rugby World Cup, allowing premises covered by the Sale and Relations Amendment Bill (No 2), the Hazardous Substances and Supply of Alcohol Act 2012 to serve alcohol during early morning New Organisms Amendment Bill, the Health and Safety at Work Bill, broadcasts of live World Cup games. and the WorkSafe New Zealand Amendment Bill. The Bill was introduced on 12 July 2015 after the House At the Bills’ Third Reading on 27 August 2015, Jonathan accepted Mr. Seymour’s motion to postpone other Members’ Young MP (National) said: “It is important for us to understand orders of the day in order to debate his Bill, despite the Green Party that the most important element of this new regime is worker having blocked his attempt to do so on the previous Members’ day participation. It is the top-down, bottom-up engagement between a fortnight earlier. In order to get the provisions passed in the time persons conducting a business or undertaking and the workforce for the start of the Rugby World Cup on 18 September, the Justice … that ensures that across the board there is engagement, and Electoral Committee undertook a truncated Select Committee understanding, discussion, decisions and the identifying of hazards process, meeting at non-standard hours to ensure that submitters’ and risks.” concerns were properly considered. Opposing all five Bills, Clayton Mitchell MP (New Zealand The Bill’s passage was unusual in that it prompted a split-party First) said: “The reality is that 30% of people under this new legislation vote from the Labour Party. Members opposing the Bill spoke will not have any new safety conditions imposed on them, and there mainly of wanting to reduce alcohol-related harm, particularly will be no ground-up culture change within those businesses to domestic violence. Jan Logie MP (Green Party) told the House actually help those businesses look after their workers.” that “33% of all family violence incidents involve alcohol and 50% of Kevin Hague MP (Green Party) also spoke in opposition to all serious violent crime involves alcohol … There is clear evidence the Health and Safety at Work Bill, as did Jacinda Ardern MP that links the impacts of rugby and drinking and connects it to family (Labour). Mr Hague said: “[In] smaller workplaces the personal violence.” Ms Logie also spoke about wanting to disconnect “the relationships between bosses and workers often create a situation sense that you need a drink to enjoy a game of rugby and that our where it is not viable for workers to raise their concerns. In those national identity and patriotism is dependent on having a drink.” small workplaces, the principle … of worker engagement and Marama Fox MP (Co-leader, Māori Party) also opposed the Bill, participation is meaningless if their right to representation on health saying: “We cannot apply these blanket, open-slather rules that and safety is not honoured, as it is not in this legislation.” we have done and not expect harm … We have had all the good Ms Ardern said that although Labour had supported the scenarios, but, actually, we do this to protect against the worst-case legislation as introduced, “Essentially, along the way, too many scenarios.” compromises of politics, compromises based on interest groups, Speaking in support of the Bill, Grant Robertson MP (Labour) and compromises that were ultimately unnecessary and could acknowledged these concerns, saying: “They are serious issues ultimately lead to harm have all found their way into this piece of that New Zealand needs to get its head around … I do not believe legislation, and led us as a Parliament to lose that opportunity that that opposing this legislation is the way in which we will address had been borne out of what was an extraordinary tragedy.” those particular issues.” Mr Seymour argued: “It is a myth that New Speaking on behalf of the Minister for Workplace Relations and Zealand is somehow an outlier by international standards and that Safety, the Minister of Commerce and Consumer Affairs, Hon. young New Zealanders have the worst of drinking problems.” Paul Goldsmith MP (National) said: “Businesses and workers Jacqui Dean MP (National) outlined the three brightline are free to have practices that work for them. The legislation does conditions with which licence holders will have to comply during not exclude small businesses that are not high risk from having to the Rugby World Cup, namely “no dumping bottles in dumpsters engage and have worker participation practices. Also, despite some in the early hours, no use of outside courtyard facilities, and no reports to the contrary, it does not exclude these businesses from broadcasting of loud music.” the main duties.” The Bill passed by 99 votes to 21. All five Bills passed by 109 votes to 12, except for the Health and Safety at Work Bill, which passed by 63 votes to 58.

The Parliamentarian | 2015: Issue Four | 301 PARLIAMENTARY REPORT JURISDICTIONNEW ZEALAND NAME 150 Years in Wellington and the use of social media in Parliament 150 years in Wellington organised by the Wellington to learn more about New (ASPG). Sir Anand praised In July 2015, Wellington City Council and hosted Zealand’s parliamentary New Zealand for being both celebrated 150 years as the within the Parliamentary democracy through a series the first country in the world capital of New Zealand and Precinct. Dubbed Capital of free workshops, tours, and to give women the vote and seat of the New Zealand 150, the celebrations seminars. the first English-speaking House of Representatives. included performances by “We can all be proud of our country to appoint an Grant Robertson MP New Zealand artist Dave Parliament, which provides Ombudsman (Labour) moved a motion Dobbyn, the New Zealand a world renowned system of Named after Arthur without notice in the House Symphony Orchestra and representation. We can also Wellesley (1769-1852), the recognising the important the New Zealand School of be proud to have had one first Duke of Wellington milestone. “I move, That Music, as well as a 20-minute of the longest continuously and victor of the Battle of this House note that 25 light show that saw archival running parliamentary Waterloo, New Zealand’s July 2015 marks the 150th footage and images democracies in the world,” capital city, Wellington, is anniversary of the day on projected on to the facade of said Rt Hon. David Carter known in Te Reo Māori as which Wellington became Parliament House. MP (National), Speaker of the Te Whanga-nui-a-Tara (The the capital of New Zealand, Following Capital 150 House of Representatives. Great Harbour of Tara) and and also note that 26 July came Wellington’s inaugural Former Governor-General Pōneke, a transliteration of 2015 is the 150th anniversary Festival of Parliament. For 10 of New Zealand Rt Hon. Port Nicholson. of the first official sitting of days, the festival, organised Sir Anand Satyanand also Parliament in Wellington,” Mr by the Office of the Clerk of spoke as part of the Festival Robertson said. The motion the House of Representatives of Parliament, at a seminar was agreed to unanimously. and the Parliamentary organised by the Wellington Below: Parliament Library, The occasion was marked Service, gave members of the chapter of the Australasian Wellington, New Zealand by a weekend of festivities public a unique opportunity Study of Parliament Group

302 | The Parliamentarian | 2015: Issue FourOne NEW ZEALAND

A question of privilege – the use of social media in Parliament Following a short debate on 16 September 2015, the House formally noted a report of the Privileges Committee on the use of social media by members of Parliament and the press gallery. In May 2014 the Speaker asked the Committee to consider, as a general matter of privilege, the implications for Parliament of people using social media to report on Parliamentary proceedings and to reflect on members of Parliament, including the Speaker. The Committee focused in particular on whether there should be some restrictions or guidelines applied to Members’ use of social media and handheld electronic devices in the Chamber to - not ‘will not’; may not - be enough to take a bit of satire [the use of social media] comment on the proceedings protected by Parliamentary from time to time.” in Parliament. We should and whether Parliament’s privilege and could be Dr Kennedy Graham try to encourage it, but we rules require modernising. potentially actionable in the MP (Green Party) was a should do so cognisant of Speaking to the court.” Member of the Privileges a couple of facts.” He said report, the Chair of the Mr Finlayson noted Committee and said that it was incumbent upon Privileges Committee, Hon. that the Committee also the Committee had been Members “to try to maintain Christopher Finlayson MP considered the improper use “entirely clear” on the main public confidence in this (National), acknowledged of photography and filming by issue - that is, “whether institution by not denigrating that “this is not a novel Members, especially where the use of social media others unduly or by bringing issue in Parliaments around a Member photographs from inside the Chamber this House into disrepute.” the Commonwealth.” Mr another Member in the House would enjoy parliamentary He said that without some Finlayson said that the without permission and immunity.” Mr Graham stated: minimum standards of Committee had concluded then uses the photograph “Any such commentary is conduct, Members would “that to stand King Canute- for political ends. The neither part of Parliamentary “bring this institution into like and try to stop the tide Committee concluded that proceedings, nor published disrepute, which, in turn, will coming in would be an there are occasions when it under the authority of the undermine public confidence exercise in uselessness.” is appropriate for Members to House. Therefore, it may not in democracy.” He concluded: Indeed, the Committee photograph or film from the be covered by Parliamentary “So we are trying to get that recognised “that the floor of the House, such as privilege and is potentially balance right through this use of social media has for special events, swearings- actionable in court.” report by allowing social facilitated much more diverse in, maiden and valedictory Hon. David Parker MP media, but not by allowing communication and much speeches, and waiata [songs] (Labour) explained that it to be used from the floor better conversations about after Treaty settlement the Committee recognised of this House in a way that Parliament, and that is all very legislation. Finally, the the increase in the use of crosses a boundary that much for the betterment of Committee considered that it platforms such as Twitter would not be permitted if we our democracy.” was time to remove rules on and Facebook for the were saying these things in a At the same time, he “the prohibition on the use of dissemination of information presentation, as I am doing cautioned Members that official television coverage to about what is happening now.” “all Members of Parliament satire, ridicule, or denigrate.” in Parliament. Mr Parker The motion was agreed to should be aware that anything Mr Finlayson said: “We have agreed that “we ought not unanimously. said on social media may not to be big enough and tough to try to unduly control

303 | The Parliamentarian | 2015: Issue One The Parliamentarian | 2015: Issue Four | 303 PARLIAMENTARY REPORT AUSTRALIA

THIRD READING: australia

Asian Infrastructure Investment Bank want our food, education and health services. industry is another group of people who have Act 2015 They are going to want to travel to Australia considerable influence in this Parliament The legislation facilitates Australia’s and invest in our services. This is the way to due to the amount of political donations they membership of the Asian Infrastructure go. Prosperity in the Asian region is to our give to political parties and the people who Investment Bank (AIIB) by providing authority enormous benefit because, ultimately, it will have come from the banking industry and and an appropriation for the payment of mean more jobs in Australia. It is not pie-in- now occupy high positions of authority in our Australia’s capital contribution to the AIIB. the-sky stuff. This is real, tangible, meaningful, political system.” The then Treasurer, Hon. Joe Hockey MP actual policy being implemented that is a Senator Lambi noted that Japan and the noted that “Asia faces a major infrastructure game changer. That is why we are joining the US have refused to join, and “there are still financing gap, estimated to be worth US$8 Asian infrastructure bank.” doubts surrounding the AIIB’s transparency trillion over the next decade. That is the Senator Carol Brown indicated that and governance standards, even though funding shortfall for infrastructure that is going the opposition supports the legislation noting Australia waited for those to be improved to grow the Asian economy.” that Labor had consistently argued to join before joining.” Mr Hockey commented that “in a the AIIB. Senator Brown commented that significant step to address this challenge, “the government dithered; the government Australian Small Business and Family Australia is becoming a founding member of could not make its mind up. The Foreign Enterprise Ombudsman Act 2015 the AIIB.” Minister said we should not join for reasons The legislation establishes the position The Treasurer explained that “the decision known only to herself. The Treasurer, to give of Australian Small Business and Family to join the bank was made following extensive him credit, knew that we should join, but he Enterprise Ombudsman to advocate for, consultations with key partners inside the could not carry the day in Cabinet. On the and give assistance to, small business Asian region and outside the Asian region. other hand, the Leader of the Opposition, and family enterprises. The then Minister This included participating in negotiations on Mr Shorten; the Deputy Leader of the for Small Business, Hon. Bruce Billson the bank’s design with 56 other prospective Opposition and our shadow minister for MP noted that “there are more than two founding member countries.” foreign affairs, Ms Plibersek; and our shadow million actively trading small businesses in Mr Hockey commented that “the AIIB will Treasurer, Mr Bowen, were of one mind Australia. Ninety-six per cent of all Australian have a strong commercial focus. Its goal is not immediately - this was an easy decision. This businesses are small businesses. Combined, poverty alleviation or development purposes is a great opportunity for Australia. It is a good small businesses produce more than $330 such as that of the Asian Development Bank opportunity for the world to come together to billion of total economic national output, and or even the World Bank. It is simply about deal with the infrastructure gap in Asia and employ over 4.5 million people. Many small funding the infrastructure that is going to grow to work together on the development of Asia. businesses are also family enterprises, which the Asian economy to our great benefit. Of But, no, while the Labor Party was lending represent 70% of all Australian businesses. course, we will work closely with the World bipartisan support to this from last October These businesses and their enterprising Bank and the Asian Development Bank and the government could not make up its mind.” women and men are the foundation on which learn from their long experience in promoting The Independent Senator for Tasmania, Australia’s economy is built and our future infrastructure in our region.” Senator Jacqui Lambi was opposed to the prosperity will be realised.” Mr Hockey advised that “the bank legislation and Australia’s membership of the The Ombudsman will have two key will initially have US$100 billion of total AIIB noting that the “financial organisation will functions, an advocacy function and an authorised capital and is expected to start be controlled and heavily influenced by the assistance function. Mr Billson commented operating by the end of this year. Australia’s communist government of China.” Senator that “the advocacy function will allow initial shareholding will be US$3.7 billion, Lambi commented that “this bank will be an the Ombudsman to advocate for small including US$738 million in paid-in capital. arm of the Chinese communist government businesses and family enterprises in relation The remaining US$2.9 billion is callable just like its military, whose purpose will be to relevant legislation, policies and practices. capital and will be a contingent liability on the to protect, expand and spread the influence The Ombudsman, with an expanded Commonwealth balance sheet.” of communist, not democratic, culture. The advocacy role, will listen to small businesses Mr Hockey noted that “Australia’s influence of the Chinese government is being and family enterprises and work with the contribution will have a zero direct impact felt in this Parliament today through at least Treasury portfolio to ensure small business on the underlying cash balance, fiscal $5.5 million in political donations from people perspectives and views are front of mind balance and net debt, as we are purchasing linked to the Chinese government, so it is little and embedded in bureaucratic, consultative a shareholding in the bank.” The Treasurer wonder that there will be little or no resistance and policy and program development, concluded that “if we build up Asia, as a to this legislation which the Australian bankers analysis and review processes across the middle-class emerges, they are going to are all supporting. The Australian banking Commonwealth.” Mr Billson explained

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that under the “assistance function, the alternative dispute resolution service has this context.” Senator Collins stated that Ombudsman will fulfil an important alternative been designed so that the Ombudsman can “Labor Senators note the strong opposition dispute resolution role, providing improved help parties understand their options, but that expressed by numerous expert groups and access to justice for small businesses at any alternative dispute resolution process is peak organisations in the six submissions that the Commonwealth level. The Ombudsman conducted by an independent practitioner expressed a view about the use of the term assistance function requires the Ombudsman chosen by the parties.” Ombudsman in the title. The Commonwealth to give assistance in relation to relevant Senator Jacinta Collins indicated that Ombudsman identified concerns with the actions if requested to do so, and will the Labor Opposition supports the legislation suitability of the title of Ombudsman for this comprise two parts - a concierge role and but not without raising the concerns of role, and the Australian and New Zealand an outsourced alternative dispute resolution stakeholders who submitted to the Senate Ombudsman Association noted that the service.” Legal and Constitutional Affairs Legislation office proposed is not an Ombudsman, and Mr Billson noted that “when used Committee review of the Bill. Senator Collins should not be called one. The Commonwealth effectively, alternative dispute resolution noted that “these concerns are specifically in Ombudsman expressed strong concerns services help improve business productivity, reference to the use of the title ‘Ombudsman’ that use of the term Ombudsman in this preserve business relationships, and avoid for this role, its defined powers and its degree context is misleading and has the potential to expensive litigation. It is important that the of independence. Questions were raised damage the Ombudsman brand that has been ombudsman facilitate, and not hinder, the in the inquiry as to the appropriateness developed by Ombudsman offices throughout timely resolution of disputes. The outsourced of the use of the term Ombudsman in Australia over the last 40 years.”

The Parliamentarian | 2015: Issue Four | 305 PARLIAMENTARY REPORT AUSTRALIA leadership changes Prime Minister Abbott Mr Turnbull, 61, becomes Tony has discharged his role be awarded. We on the Labor replaced by Malcolm the 29th Prime Minister of as Prime Minister—indeed, as side congratulate you. We Turnbull Australia. He attended Sydney Leader of the Opposition—with also recognise that you have a On 14 September 2015, University and was a Rhodes enormous distinction and unique opportunity to make this Prime Minister, Hon. Tony Scholar in 1978. Between achievement. The free trade country more modern, more Abbott MP lost the support 1975 and 1979 he was a agreements alone, which adaptive and more responsible. of the Liberal Party and was journalist but it is as a barrister have been negotiated under It may be a genuine chance for replaced as Leader by Hon. that he achieved notable his leadership, represent this nation. This chance is not Malcolm Turnbull MP. achievements. In 1983 he was some of the most significant defined by you or me but by the Mr Abbott’s defeat followed successful in representing foundations for our future coalition’s policies and Labor’s party unrest in February when former MI5 officer Peter prosperity. Of course, under policies and what we can do certain members of the Liberal Wright, author of the book his leadership our government for this country. That is the real Party moved a spill motion Spycatcher, against the British restored the integrity of our test. For us, it will be about the against Mr Abbott. On that government’s attempts to borders, with the consequence ideas you put forward and the occasion Mr Abbott survived but suppress the publication of that we have been enabled to ideas we put forward. It will be a his leadership was wounded the book. Mr Turnbull made make the increased and very genuine choice and a genuine and he was effectively on notice a successful career and generous arrangements for chance for this country. It will to improve or be replaced. generated significant wealth Syrian refugees last week.” be up to this country, between On the afternoon of 14 as a merchant banker. He The Leader of the now and the next election, to September, Mr Turnbull entered Parliament in 2004 Opposition, Hon. Bill Shorten select who has the best ideas to advised Mr Abbott that he as the member for the seat MP commented that “I want advance Australia.” would be challenging him for of Wentworth in Sydney. In to add my remarks to the the leadership and sought a 2007, he became Minister events and the departure of Mr New Turnbull Government leadership spill. Mr Turnbull in for Environment and Water Abbott as Prime Minister. It is Ministry a press conference indicated Resources in the last year a privilege to serve here and it On 20 September 2015, the that as Prime Minister he would of the Howard Government. is a vocation, but, as we know, new Prime Minister, Hon. engage with the Australian In addition, he was Minister politics can be very hard as Malcolm Turnbull MP public and explain more for Communications from well. It is part of the Australian announced his new look effectively the challenges ahead September 2013 to September spirit not to score points when Ministry which included and the possible solutions. Mr 2015. He is married to Lucy someone is down, so I just extensive changes. Some of Abbott in response cautioned Turnbull and has a daughter. want to say that public life is the key changes include the the Liberal Party not to go down On 15 September 2015, Mr hard on people who serve and appointment of Hon. Scott the path of the Labor Party in Turnbull addressed the House it is hard on their families. It is Morrison MP as Treasurer changing its leaders midstream. of Representatives for the not for me to be partisan about replacing Hon. Joe Hockey Mr Abbott called a party room first time as Prime Minister. Mr Abbott’s record, but he MP who later resigned from meeting for 9.15pm. When In relation to Mr Abbott, Mr certainly led the Liberal Party Parliament on 23 October. the result was announced Mr Turnbull commented that “our formidably for well in excess Senator Hon. Marise Turnbull was victorious by 54 nation, our parliament, our of five years. He is a fierce Payne was appointed Minister votes to 44. government and our coalition and formidable proponent for Defence becoming the parties owe Tony Abbott an of his views and a ruthless first female in that role in the enormous debt of gratitude for advocate for what he believes his leadership and his service in. From his first victory in 2009 over many, many years. He led to become the Leader of the us out of opposition, back into Liberal Party, right through government. The challenges to last night, he has been a of leadership are very fighter—a formidable fighter.” considerable. The pressures Mr Shorten congratulated are enormous. As Tony Abbott Mr Turnbull noting that “to has often said himself, very become Prime Minister of profoundly, all of us here are Australia. It is a signal honour. volunteers; it is our families It is one which is afforded who are conscripts. We should to very few Australians. You acknowledge today, of course, have sought an active role Hon. Tony Abbott MP the debt we also owe to his wife, in public life and this is the Hon. Malcolm Turnbull MP Margie, and their daughters. highest position which can

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nation’s history. Mr Turnbull Treasurer and Attorney- The code of conduct the Committee contradicts this. noted that “Marise is one of our General for the State of proceedings, which related CASA accordingly invites the most experienced and capable Western Australia. He is a to the employee’s use of conclusion that its action could Senators. She has spent two formidable lawyer with strong IT systems, resulted in a not have occurred on account of years in the Human Services public finance experience. recommendation that the the evidence he gave.” portfolio and has done an He has got a strong record of officer’s employment be The Committee concluded outstanding job in modernising managing large Budgets and terminated. The Senate that “without cogent evidence Government service delivery. making service delivery much Procedural Information Bulletin of an improper motive for She will release the Defence more efficient.” (SPIB) noted that “improper initiating the code of conduct White Paper later this year, Senator Hon. George interference with a witness proceedings, the Committee defining our key national Brandis remains the Attorney- ranks among the most serious is unable to conclude that security priorities and she will of General, and was appointed of all possible contempts.” The there was a causal connection course join the National Security Leader of the Government in Senate’s Privilege Resolution 6 between the disciplinary action Committee of the Cabinet.” the Senate replacing Senator (11) states that “a person shall and the giving of evidence, Senator Hon. Michaelia Hon. Eric Abetz who was not not inflict any penalty or injury particularly given that CASA had Cash was promoted to reappointed to the Ministry. upon, or deprive of any benefit, no knowledge of the in-camera the Cabinet as Minister Mr Turnbull concluded by another person on account of hearing. This conclusion is also for Employment, Minister noting that “there are some any evidence given or to be warranted because CASA’s for Women and Minister very big changes in the Cabinet, given before the Senate or a initial actions were, in the assisting the Prime Minister there are now five women in the Committee.” Committee’s view, reasonable in for the Public Service. Mr Cabinet. But renewal of course, The Committee stated that the circumstances, and because Turnbull noted that “she has the introduction of new talent “the Senate has long regarded CASA was subsequently entitled led the Government’s policy that exists, means that others the intimidation of, or imposition to proceed on the basis that its development on women’s have to leave. One of the great of penalties on, witnesses as assurances to the References issues especially in regards to challenges for any leader is to the most serious of all possible Committee about its treatment of our response to the scourge of ensure that there is renewal. contempts. Committees rely the witness had been accepted.” domestic violence.” That we do - we are able to upon the integrity of the evidence Accordingly, the Committee In addition, Hon. Kelly bring up new talent, new faces, presented to them, so conduct could not recommend that a O’Dwyer MP enters the into leadership positions over which deters witnesses from giving contempt be found. Cabinet as the Minister for time and that often means, that evidence, or penalises them for The Committee discussed Small Business and the invariably means in fact, that very doing so, can compromise the the preferred action by Assistant Treasurer. capable people have to move on, inquiry process and interfere with Parliamentary Committee Senator Hon. Arthur stand aside, so that others can the performance by Committees when dealing with concerns Sinodinos was appointed come through. And that’s tough of their functions.” that a witness may suffer Cabinet Secretary. In relation to for everybody concerned.” In this particular inquiry, adverse actions on account of this appointment, Mr Turnbull the SPIB noted that “in this giving evidence. noted that “I said a few days Senate Privileges case, it was not disputed that The Committee stated ago that it was critical that Committee Report action was taken against the that “committees may take we restore traditional Cabinet On 12 August 2015, the employee. What was at issue whatever steps they consider Government. The gold standard Senate Standing Committee was whether that action was necessary, and may resolve of good Coalition Cabinet of Privileges (the Committee) taken as a result of his giving such matters themselves or Government was during the tabled a report entitled Possible evidence.” report them to the Senate. Howard Government and as imposition of a penalty on a The Committee noted that Individual Committees will you all know, Arthur was at the witness before the Rural and “on 9 October 2013 CASA often be best-placed to centre of that as John Howard’s Regional Affairs Transport informed Mr Rogers it had assess the risk of interference chief of staff for over a decade.” References Committee. undertaken an audit of access and determine what Senator Hon. Simon The inquiry dealt with the to its files, and alleged that he preventive or remedial action Birmingham was appointed matter of whether an employee had used CASA’s IT system to take. Experience has shown the Minister for Education and of the Civil Aviation Safety to access documents which that the effective intervention Training and Senator Hon. Authority (CASA), Mr Rogers, CASA says he had no legitimate of Committees while their Mitch Fifield takes over Mr who gave in-camera evidence business need to access.” proceedings are in train Turnbull’s previous position as to the Rural and Regional The Committee further noted generally provides a better Minister for Communications Affairs Transport Reference that “CASA maintains that it had remedy than recourse to the and the Arts. Committee was later subject to no knowledge when it undertook Senate’s formal contempt Hon. Christian Porter MP code of conduct proceedings the audit of files that Mr Rogers powers, although Committees was appointed Minister for by CASA as a consequence had given evidence, nor of should always consider Social Services. Mr Turnbull of giving evidence to a the evidence he had given; referring serious matters to noted that “he is a former Parliamentary Committee. nothing in the material before the Senate.”

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The Constitution (One Hundredth) Salient Features of the Bill: Amendment Bill, 2015 • ‘acquired territory’ has been defined to mean so much India and Bangladesh have a common land of the territories comprised in the India-Bangladesh boundary of approximately 4,096.7 kms. The India- agreement and its protocol and referred to in the East Pakistan land boundary was determined as First Schedule as are demarcated for the purpose per the Radcliffe Award of 1947. Disputes arose of being acquired by India from Bangladesh in out of some provisions in the Radcliffe award, which pursuance of the agreement and its protocol; were sought to be resolved through the Bagge • ‘India-Bangladesh agreement’ means the Award of 1950. Another effort was made to settle agreement between the Government of the these disputes by the Nehru-Noon Agreement of Republic of India and the Government of the 1958. However, the issue relating to the division People’s Republic of Bangladesh concerning of Berubari Union was challenged before the the Demarcation of the Land Boundary between Supreme Court of India. To comply with the opinion India and Bangladesh and Related Matters dated rendered by the Supreme Court, the Constitution 16 May 1974, Exchange of Letters dated 26 (Ninth Amendment) Act, 1960 was passed by December 1974, 30 December 1974, 7 October the Parliament. Due to the continuous litigation 1982, 26 March 1992 and protocol to the said and other political developments at that time, the agreement dated 6 September 2011, entered Constitution (Ninth Amendment) Act, 1960 could into between the Governments of India and not be notified in respect of territories in former East Bangladesh, the relevant extracts of which are Pakistan (presently Bangladesh). set out in the Third Schedule; On 16 May 1974, the Agreement between India • ‘transferred territory’ means so much of the territories and Bangladesh concerning the demarcation of comprised in the India-Bangladesh agreement and the land boundary and related matters was signed its protocol and referred to in the Second Schedule between both the countries to find a solution to the as are demarcated for the purpose of being complex nature of the border demarcation involved. transferred by India to Bangladesh in pursuance of This Agreement was not ratified as it involved, the agreements and its protocol. inter alia, transfer of territory which requires a First Schedule to the Constitution of India details the Constitutional Amendment. In this connection, States and the Union Territories of the Indian Union. it was also required to identify the precise area Second Schedule to the Constitution inter on the ground which would be transferred. alia comprise agreement between India and Subsequently, the issues relating to demarcation of Bangladesh entered on 16 May 1974 and protocol un-demarcated boundary; the territories in adverse dated 6 September 2011 between the two possession; and exchange of enclaves were countries in terms of provisions of articles 2 and 3 identified and resolved by signing a Protocol on 6 of the Constitution of India. September 2011, which forms an integral part of Requisite amendments had accordingly been the Land Boundary Agreement between India and made to the First and Second Schedules to Bangladesh, 1974. The Protocol was prepared with the Constitution of India for giving effect to the support and concurrence of the concerned State acquiring of territories by India and transfer of Governments of Assam, Meghalaya, Tripura and certain territories to Bangladesh in pursuance of the West Bengal, in India. agreement and its protocol entered into between the Accordingly, the Government brought forward Governments of India and Bangladesh. the Constitution (One Hundred and Ninteenth Amendment) Bill, 2013 which proposes to Debate: This Constitution Amending Bill was amend the First Schedule to the Constitution, unanimously hailed as a landmark enactment and for the purpose of giving effect to the acquiring got wholehearted and full support from all sections of territories by India and transfer of territories of both Houses of Parliament. to Bangladesh through retaining of adverse The Minister in-charge of the Bill (Minister of possession and exchange of enclaves, in External Affairs and Minister of Overseas Affairs) pursuance of the aforesaid Agreement of 1974 briefly traced the history of the Bill. Referring to an and its Protocol entered between the Governments agreement signed in 1974 between the then Prime of India and Bangladesh. Minister of India, late Smt. Indira Gandhi and Sheikh

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Mujibur Rehman (popularly known as the of suits, the value of which exceeds rupees twenty lakhs’, the words ‘rupees two crore’ Indira-Mujib Agreement), the Minister observed twenty lakhs. The pecuniary jurisdiction of has been substituted. that though this agreement was ratified by the High Court of Delhi and District Courts of • A consequential amendment had also the Parliament of Bangladesh, the Parliament Delhi was last revised in the year 2003 from been made in section 25 of the Punjab of India could not ratify the same and no rupees five lakhs to twenty lakhs by theDelhi Courts Act, 1918, as it is in force in the discussion took place on this matter for past 37 High Court (Amendment) Act, 2003. National Capital Territory of Delhi. years. The ratification could not be done due to As the situation prevailed, cases involving • Further, the Chief Justice of the High Court non-demarcation of land boundary. even a small property are required to be filed of Delhi had been empowered to transfer In 2011, the then Prime Minister took the before Delhi High Court as the Delhi High any suit or other proceedings which is or initiative when he visited Bangladesh and Court had ordinary original civil jurisdiction of are pending in the High Court immediately the protocol in this regard was signed on 6 the civil suits involving value of rupees twenty before the commencement of this Act to September 2011. lakhs and above. This had increased the work such subordinate court in the National Capital The Minister took this as her first priority on load of the Delhi High Court and on the other Territory of Delhi as would have jurisdiction to assuming office (when the new Government hand, poor people living in Delhi had to cover entertain such suit or proceedings had such took over in May 2014). After completion of considerable distance to approach Delhi- suit or proceedings been instituted or filed for the requisite detailed groundwork, the Minister High Court to seek justice in their cases. the first time after such commencement. has now brought forward this Bill. The Coordination Committee of the Bar The Minister also stated that the Bill would Associations of Delhi at various forums had Debate: During discussion on the Bill in benefit in three ways: - requested the enhancement of pecuniary both Houses of Parliament, the measure • the demarcation of the land boundary which is jurisdiction of District Courts in Delhi. The met with a broad consensus, terming it as yet incomplete would be completed. Government of the National Capital Territory progressive, salutary and a good initiative to • the fate of the people living in enclaves of Delhi had considered the request of the Bar fast track the judicial process. was hanging in balance and this issue Associations of Delhi and requested the Central Members felt that this move would help would also be resolved. Government for enhancement of pecuniary litigants to be heard in one of the District • the parcels of land which are in adverse jurisdiction of ordinary original jurisdiction of the Courts across the city of Delhi. Members, population would also turn into adverse High Court of Delhi from the existing rupees however, came up with some suggestions:- occupation. twenty lakhs to rupees two crore. 1. It had been noted appreciably that when Further, India could also go ahead in the Accordingly, it had been decided to judiciary in all the States is heavily laden with matters of trade and transit, etc. and the increase pecuniary jurisdiction of the High disputes and long lasting litigations, Delhi entire nation can also get closely connected Court of Delhi from rupees twenty lakhs to two has had the good fortune that the Central with the North-East. crore by amending the Delhi High Court Act, Government had constituted no less than The Bill was introduced in Rajya Sabha 1966 and the Punjab Courts Act, 1918, as in fourteen subordinate courts to lighten the as the Constitution (One Hundred and force in the National Capital Territory of Delhi. load of the Delhi High Court. It was hoped Nineteenth Amendment) Bill, 2013 and was The Amending Bill was first brought in that the Government would consider setting passed as such on 6 May 2015. Lok Sabha February 2014, by the previous Government. up more courts in the country with the while passing the Bill unanimously on 7 The Departmentally Related Standing avowed aim of a civilised society that justice May 2015 passed this with an amendment Committee of Law and Justice to which be meted out as quickly as possible; changing the short title of the Bill to the the matter was referred in the first instance 2. It was also enquired whether the Government Constitution (One Hundredth Amendment) after due examination in their Report proposed to bring about a system of taking Bill, 2015. This amendment was agreed to by had recommended increasing of original punitive action on the false and flimsy cases Rajya Sabha on 11 May, 2015. pecuniary jurisdiction of the High Court that are filed by people; The Bill as passed by both Houses of of Delhi, as well as District Courts under 3. A suggestion also came up that a system Parliament was assented to by the President the jurisdiction. Subsequently, the new has to be worked out whereby the of India on 28 May, 2015. Government which assumed office in May proceedings in cases must take place 2015 also brought forward the Amending Bill only when the applicant or the litigant before the Parliament. (the one who had filed the cases), or the The Delhi High Court (Amendment) prosecution, if it is compelled to, supply all Bill, 2015 Salient Features of the Bill: relevant papers at all different stages, free Under sub-section (2) of section 5 of the Delhi • Sub-section (2) of section 5 of the of cost, to the accused or to the other side; High Court Act, 1966, the High Court of Delhi Principal Act, i.e., the Delhi High Court 4. It was also suggested that in the long run, has ordinary original civil jurisdiction in respect Act, 1966 for the existing amount ‘rupees the power of the original jurisdiction of the

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civil cases might be taken away from the • This Bill has two schedules. The First Schedule • The Legal Services Authorities High Court and given to the district courts proposed repeal of 35 enactments while the (Amendment ) Act, 2002 so that the High Court could focus on the Second Schedule proposed amendments to • The Representation of the People (Third appeals and writ jurisdiction; and certain enactments. Amendment) Act, 2002 5. Finally the pecuniary jurisdiction should be • Precautionary provision as contained in clause • The Transfer of Property (Amendment) Act, 2002 uniform throughout the country. 4 of the Bill provided that this measure – • The Indian Evidence (Amendment) Act, 2002 The Minister in-charge of the Bill while replying • would not affect the validity, invalidity, • The Representation of the People (Second to the debate in Parliament observed that in so far as effect or consequences of anything Amendment) Act, 2002 the Amending Bill under discussion was concerned already done or suffered, or any right, title, • The Representation of the People (i.e. pecuniary jurisdiction of Delhi High Court), the obligation or liability already acquired, (Amendment) Act, 2002 Coordination Committee of the Bar Association accrued or incurred, or any remedy or • The Election Laws (Amendment) Act, 2003 of Delhi had been representing at various fora to proceeding in respect thereof, or any • The Representation of the People enhance the pecuniary jurisdiction of the Delhi Court release or discharge of or from any (Amendment) Act, 2003 from the existing amount of Rs. 20 lakhs to Rs. 2 debt, penalty, obligation, liability, claim or • The Marriage Laws (Amendment) Act, 2003 crores. The Minister also placed on record that in demand, or any indemnity already granted, • The Representation of the People (Second December 2014, a Mega Lok Adalat was held in or the proof of any past act or thing; Amendment) Act, 2003 almost all the courts across the country and nearly • nor it would affect any principle or rule • The Delimitation (Amendment) Act, 2003 44 lakh pending cases were disposed of. of law, or established jurisdiction, form or • The Delegated Legislation Provisions The Minister also stated that he had course of pleading, practice or procedure, (Amendment) Act, 2004 addressed letters to the Chief Ministers and or existing usage, custom, privilege, • The Hindu Succession (Amendment) Act, 2005 Chief Justices of various High Courts to see that restriction, exemption, office or appointment, • The Parliament (Prevention of all necessary steps are taken for filing up of the notwithstanding that the same respectively Disqualification) Amendment Act, 2006 vacancies of judges and disposal of cases. may have been in any manner affirmed or • The Delimitation (Amendment) Act, 2008 In so far as fixation of pecuniary jurisdiction recognised or derived by, in or from any • The Representation of the People is concerned, the Minister observed that it enactment hereby repealed; (Amendment) Act, 2008 comes under the prerogative powers of the • further it would not repeal by this Act • The Representation of the People State Governments after due consultation of any enactment revive or restore any (Amendment) Act, 2009 with the concerned High Court. jurisdiction, office, custom, liability, right, • The Personal Laws (Amendment) Act, 2010 The Bill was passed by Rajya Sabha on 6 title, privilege, restriction, exemption, • The Representation of the People May 2015 and by Lok Sabha on 5 August 2015. usage, practice, procedure or other matter (Amendment) Act, 2010 The Bill as passed by both Houses of or thing not now existing or in force. • The Anand Marriage (Amendment) Act, 2012 Parliament was assented to by the President The First Schedule repealed the following 35 • The Administrators-General (Amendment) Act, 2012 of India on 10 August 2015. The Delhi High Acts/Amending Acts:- • The Parliament (Prevention of Court Act, 1966, accordingly stood amended. • The Indian Fisheries Act, 1897 Disqualification) Amendment Act, 2013 • The Foreign Jurisdiction Act, 1947 The Second Schedule proposed The Repealing and Amending Bill, 2015 • The Sugar Undertakings (Taking Over of amendments in preliminary clauses of two The Bill is one of the periodical measures by Management) Act, 1978 Acts as per details given below: which enactments which have ceased to be in • The Employment of Manual Scavengers 1. The Prohibition of Employment as Manual force or have become obsolete or the retention and Construction of Dry Latrines Scavengers and their Rehabilitation Act, 2013. whereof as separate Acts is unnecessary (Prohibition) Act, 1993 In the proviso to sub-section (3) of section 1, are repealed or by which the formal defects • The Representation of the People for the words ‘the notification’, the words ‘the detected in enactments are corrected. (Amendment) Act, 1999 said notification’ shall be substituted. Way back in 1998, a Commission named • The Indian Majority (Amendment) Act, 1999 2. The Whistle Blowers Protection Act, 2011 the Jain Commission had examined around • The Administrators-General (Amendment) - (a) In the Enacting Formula, for the words 2,500 Central Laws in the Statute Book and Act, 1999 ‘Sixty-second Year’, the words ‘Sixty-fifth Year’ recommended that more than 1,300 laws be • The Notaries (Amendment) Act, 1999 shall be substituted; and (b) in sub-section (1) repealed. The Repealing and Amendment • The Marriage Laws (Amendment) Act, 1999 of section 1, for the figures 2011‘ ’, the figures Bill, 2014 had initiated the process of • The Repealing and Amending Act, 2001 ‘2014’ shall be substituted. clearing these laws from the Statute Book. • The Marriage Laws (Amendment) Act, 2001 • The Indian Divorce (Amendment) Act, 2001 Debate: The Bill found support from Salient Features of the Amending Bill: • The Indian Succession (Amendment) Act, 2002 all sections of the House. The general

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observation which emerged was that while Act, 1962. Hence, section 5 of the said Act Government policies like focussing on certain Acts when enacted sought to was proposed to be suitably amended with mechanical harvesting, construction address and did address issues pertinent to consequential amendments in sections 27, 30, of a series of silos to rail heads and to people at large or sections of society at that 31 and 39 thereof. The guarantee referred to in destinations through specially designed particular point of time, with the passage of the said sub-section (1) of section 5 would be tracks and railway wagons; time these enactments became redundant. withdrawn and the Central Government would be 2. At present the storage capacity available This periodic exercise of Repealing and absolved of its responsibility of being guarantor. is 108 million metric tonnes. The total of Amending of certain enactments was a long The Government accordingly brought warehousing gap is to the tune of 350 lakh time in coming and hence was required. forward the Warehousing Corporations tonnes. So, there is need for more godowns, The Bill was passed by Lok Sabha on 18 (Amendment) Bill, 2015. warehouses and better technologies; March 2015 and by Rajya Sabha on 5 May 3. There is urgent requirement of 2015. The Bill as passed by both Houses of Salient Features of the Amending Bill: warehouses in the country because Parliament was assented to by the President In the principal Act (The Warehousing Corporations millions of tonnes of food grains, of India on 13 May 2015. Act, 1962), existing section 5 had been substituted vegetables and fruits require immediate by a new section providing for: Shares of the Central and appropriate storage to obviate The Warehousing Corporations Warehousing Corporation would be deemed to be - perishing of said food items; and (Amendment) Bill, 2015 a) included among other securities enumerated in 4. The Government should seriously think The Warehousing Corporations Act, 1962 section 20 of the Indian Trusts Act, 1882; and about as to how the farming can be made was enacted to provide for the incorporation b) the approved securities for the purpose a profitable venture. This can only be done and regulation of corporations for the of the Insurance Act, 1938 and the when the cost is brought down and adequate purpose of warehousing of agricultural Banking Regulation Act, 1949. storage facility is created so that the farmers produce and certain other commodities as In the principal Act, in section 27, for could get the right price for their produce. may be notified by the Central Government sub-section (4), a new sub-section has The Amending Bill was discussed in depth and for matters connected therewith. been substituted providing that the bonds in both Houses of Parliament. The Minister The Central Warehousing Corporation and debentures of a State Warehousing in-charge of the Bill while replying assuaged established under the said Act is a profit Corporation may be guaranteed by some Members’ apprehension about earning Public Sector Enterprise under the the appropriate Government on the privatisation of Warehousing. The Minister administrative control of the Department recommendation of the Board of Directors observed that when the Government would of Food and Public Distribution and a Mini- of the State Warehousing Corporation at the hold 55% share, the shareholders need not Ratna Public Sector Enterprise as declared time such bonds or debentures are issued. have any fear. Further, when an enterprise is by the Department of Public Enterprises, Further, in the principal Act, proviso to given a mini ratna and grade one status then Government of India. One of the essential sub-section (2) of section 30, proviso to sub- the Government support has to be withdrawn. criteria for award of Mini-Ratna status to a section (8) of section 31 and both provisos to The Minister assured that it is the responsibility Central Public Sector Enterprise is that no section 39, had been omitted, since the same of the Government of India to transport the food financial support or contingent liability on the were not required in view of the Amending Bill. grains up to the godowns. The destination where part of the Government should be involved in the food grains go from the FCI godowns, is the respect of that enterprise and that it should Debate: The Amending Bill met with responsibility of the State Governments. The also not depend upon any budgetary support acceptance from Members of the Houses capacity of the godowns is shared by the Union or Government guarantee. of Parliament. The Members observed that Government and the State Government, at 50% The Central Warehousing Corporation had Central Warehousing Corporation (CWC) has each. The Union Government had strictly conveyed consistently paid dividend to the Government been functioning on a profitable basis, hence that the rice and wheat should not be stored for of India since 1957-58. The net worth of the it does not depend on any financial support of more than a half year as they have two years life. Corporation had been positive from 2003 contingent liability as the part of the Government. Necessary orders had been issued in that regard. onwards. The Corporation had not taken any Hence, it was but natural that Government Further, Government is also promoting silos. loan from the Central Government. Further, it would be absolved of its responsibility of being The Bill was passed by Lok Sabha on 18 is also not dependent upon budgetary support the guarantor any longer. Some Members March 2015 and by Rajya Sabha on 28 April of the Government. Moreover, the Government expressed apprehension regarding privatisation 2015. The Bill as passed by both Houses of had given no other guarantee to the Corporation of warehousing. The Members, however, put Parliament was assented to by the President except for the payment of minimum guaranteed forth broadly the following suggestions:- of India on 13 May 2015. The Warehousing dividend as required under sub-section (1) of 1. It is necessary to upgrade the existing bulk Corporations (Amendment) Act, 1962 section 5 of the Warehousing Corporations handling infrastructure through enabling accordingly stood amended.

The Parliamentarian | 2015: Issue Four | 311 BOOK REVIEW

The Parliamentarian: Book Review

Question Time India

Title: Parliamentary Questions: come out with an inconvenient Glorious Beginning to an truth lying buried somewhere in Uncertain Future the bureaucrat’s files being kept Author: Devender Singh away from public light. Published by Orange Books Devender Singh, who has International, New Delhi. spent a life time in the Lok Sabha Price: Rs 595/- Secretariat, after painstaking research has come out with an India’s democracy - the largest excellent book on the evolution in the world - is perhaps the of parliamentary questions in most vibrant. What has given it India as an effective means of life is the power the people have promoting transparency in the under the Constitution to elect Government’s functioning and their representatives by universal enforcing its accountability. adult franchise. The Constitution The volume gives a makes the Executive remarkable insight from the first accountable to Parliament and question that was asked way through it to the people. back in 1893 when a sort of In Parliament and State executive council had formed, elections, they ask the although with limited powers candidates critical questions under the British Raj. This was about their promises and a mild attempt to make the performance when they come powerful executive somewhat to seek votes. After Parliament accountable in a few areas of and State Assemblies are administration. Over the years elected, MPs and MLAs daily the Question Hour has bloomed. looks silly in the House. Often an happening on the Sino-Indian subject ministers to questions in What is required for a unsatisfactory response can lead border. The 1893 Question what has come to be known as question and supplementary to a half-hour discussion, which was about the condition of poor the Question Hour with which to be effective in making the the Speaker might permit if the farmers living in deprivation. the House begins its day’s executive accountable is the issue raised by the question is of Considering the enormous proceedings. It is considered Members’ vigilance and sense wider public interest. size of the population, a sacred hour and the 60 of responsibility required for Essentially, the Question Parliament, however, can get minutes of questioning make their work. A false answer given Hour in Parliament links the overburdened with questions. So the Ministers accountable for by the Minister can become an elected to their electors — which to tackle the problem, a selection their policies and decisions, and embarrassment for him or her. is important for a democracy is made by ballot. their implementation. In this way Often Ministerial answers are to be more effective. Often, Only 20 starred questions through questions, MPs bring the vague and woven in language those who come to power get are allowed on which lucky rulers under their critical gaze which says nothing about alienated from the people and members can ask supplementary and assess their performance, the real answer demanded the realities on the ground. questions. To unstarred adequate or otherwise, under by a Member. Often the ‘fluff’ Questions in India’s Parliament questions the Minister has to public scrutiny. surrounding the answers is can be about a wide range give a written answer. Often By nature, Indians like to ask deliberate as the Ministers of issues like: shortage of a written answer becomes a questions and demand answers and the bureaucrats working drinking water and toilets in the lead story in the next day’s from their rulers for their acts of under them, don’t want to be rural areas, prospects of the newspaper; both starred and omission and commission. The transparent about their work. In monsoon, condition of roads and unstarred questions have their Ministers have got to work hard such cases, the Members can government’s promises to create uses. A capable MP can use to prepare their answers and seek the Chair’s protection and more jobs, frequent delays of a question not only to seek an often a cleverly-worded, probing insist on a complete answer. A running of trains or flights, or the answer but through this device and off-the-cuff supplementary Minister who cannot answer a latest border skirmishes between can draw the attention of the forces a reluctant Minister to question by a Member generally India and Pakistan, or what is government and the people to

312 | The Parliamentarian | 2015: Issue Four BOOK REVIEW

an issue requiring an urgent parliamentary democracy. But he Author Devinder Singh is studies having had a long term ring solution. is worried about the future of the Additional Secretary, Lok Sabha side view of the workings of the The Question Hour in a way Question Hour and rightly so. Secretariat in the Parliament of Indian Parliament, he has been a is a very important event of the India. He joined the Lok Sabha faculty member of the Bureau of day’s proceedings, however, Book Review by H. K. Dua, MP, Secretariat as Examiner of Questions Parliamentary Studies and Training it is lately under threat from a Member of the Upper House, in 1985 and over time, serviced the and the Institute of Constitutional the Members themselves. The Rajya Sabha of India, having been Public Accounts Committee, the and Parliamentary Studies, New fractious nature of Parliamentary nominated by the President and Estimates Committee and many Delhi. He has delivered numerous Democracy often derails the former Prime Minister, Dr Manmohan other Standing Committees. He lectures on almost all aspects of day’s proceedings. If not part of Singh. Most of his career, he has became Joint Secretary in 2007 and the functioning of Indian Parliament the day’s legislative business, been a journalist, having been Editor Additional Secretary in 2014 and has and its Committees to legislators the Question Hour, certainly of national dailies like the Hindustan written extensively on contemporary and parliamentary officials from becomes a casualty in case of Times, the Indian Express and the constitutional and parliamentary various jurisdictions across the world, disruption and adjournment. Tribune. He was also the editorial issues. As the principal draftsman of probationers of All India Services, The loser in the game are the adviser to the Times of India. He has some of the most widely publicized university teachers and journalists. Members, Parliament and the interviewed several world leaders reports of the Public Accounts Widely travelled, he has also served people. Hopefully some solution including Mrs Margaret Thatcher, Committee and many other as Secretary to many parliamentary will be possible to ensure that Prime Minister Li Peng, Israeli Prime Parliamentary Committees, he has delegations and his articles have Parliament functions in an Minister Rabin and Iranian President made a distinct contribution and appeared in many national dailies, orderly manner. Rafsanjani. He was Media Adviser earned adulation from Chairmen journals and magazines. Devender Singh’s book is to the two Prime Ministers of two and Committee Members for his useful reading for all those who different political parties and was the professional competence. A scholar Below: The Central Hall in the have a stake in the funding of Indian Ambassador to Denmark. of constitutional and parliamentary Parliament of India.

The Parliamentarian | 2015: Issue Four | 313 The Commonwealth Parliamentary Association (CPA)

Executive Committee, Officers, CPA Secretariat and Commonwealth Women Parliamentarians (CWP) Steering Committee Patrons

PATRON: VICE-PATRON: Her Majesty Queen Elizabeth II Vacant Head of the Commonwealth

CPA International Executive Committee Executive Committee Members’ dates of membership are indictated below each name. Portrait of The Queen © John Swannell/Camera Press Officers Regional Representatives

PRESIDENT (2015-2016): AFRICA ASIA BRITISH ISLANDS AND Vacant MEDITERRANEAN Hon. Thandi Modise, MP Hon. Karu Jayasuriya, MP VICE-PRESIDENT (2015-2016): Chairperson of the National Speaker of Parliament, Sri Lanka Hon. Carmelo Abela, MP Vacant Council of Provinces, South Africa (2013-2016) Malta (2013-2016) (2013-2016) CHAIRPERSON OF THE Hon. Mian Tariq Mehmood, MPA EXECUTIVE COMMITTEE Hon. Machana Ronald Provincial Assembly, Punjab, Hon. Derek Thomas, MLC (2014-2017): Shamukuni, MP Pakistan St Helena Hon. Dr Shirin Sharmin Botswana (2014-2017) (2014-2017) Chaudhury, MP (2013-2016) Speaker of Parliament, Hon. Imran Ahmad, MP Rt Hon. Sir Alan Haselhurst, MP Bangladesh Hon. Mutimura Zeno, MP Bangladesh United Kingdom Rwanda (2015-2018) (2015-2018) VICE-CHAIRPERSON (2014-2017) (2015-2016): Hon. Shirley M. Osborne, MLA Rt Hon. Themba Msibi, MP AUSTRALIA CANADA Speaker of the Legislative Speaker of Parliament, Swaziland Assembly, Montserrat (2014-2017) Hon. Mrs Vicki Dunne, MLA Hon. Wade Verge, MHA Also Regional Representative Australia Capital Territory Speaker of the House of for Caribbean, Americas and the Hon. Emilia Monjowa Lifaka, MP (2013-2016) Assembly, Newfoundland and Atlantic Region (2013-2016) Deputy Speaker of Parliament, Labrador Cameroon Hon. Kezia Purick, MLA (2013–2016) TREASURER (2015-2018) Speaker of the Legislative (2014-2017): Assembly, Northern Territory Hon. David Laxton, MLA Hon. Request Muntanga, MP Hon. Umar Buba Jibril, MP (2014-2017) Speaker of the Legislative Zambia Deputy House Leader, Nigeria Assembly, Yukon (2015-2018) Hon. Russell Paul Wortley, MLC (2014-2017) CHAIRPERSON OF THE President of the Legislative COMMONWEALTH WOMEN Council, South Australia To be advised PARLIAMENTARIANS (CWP) (2015-2018) Canada (2013-2016): (2015-2018) Rt Hon. Rebecca Kadaga, MP Speaker of Parliament, Uganda

314 | The Parliamentarian | 2015: Issue Four The Commonwealth Parliamentary Association (CPA)

CARIBBEAN, AMERICAS AND PACIFIC CPA Regional ATLANTIC CANADA Mr Paul Foster-Bell, MP Secretaries Mr Blair Armitage Hon. Shirley M. Osbourne, MLA New Zealand Parliament of Canada AFRICA Speaker of the Legislative (2013-2016) Dr Thomas Kashililah Assembly, Montserrat CARIBBEAN, AMERICAS & Parliament of Tanzania (2013-2016) Hon. Niki Rattle, MP ATLANTIC Also Vice-Chairperson Speaker of Parliament, Cook Ms Heather Cooke ASIA (2015-2016) Islands Parliament of Jamaica Md. Ashraful Moqbul (2014-2017) Parliament of Bangladesh Hon. Michael Peyrefitte, MP INDIA Speaker of Parliament, Belize Hon. Agafili Patisela Eteuati Shri Anoop Mishra AUSTRALIA (2014-2017) Tolovaa, MP Parliament of India Mr Tom Duncan Deputy Speaker of the Legislative Australia Capital Territory Hon. Franklin O. Brand, MP Assembly, Samoa PACIFIC Legislative Assembly Speaker of the National (2015-2018) Mr Steve Cutting Assembly, St Christopher and Parliament of New Zealand BRITISH ISLANDS & Nevis MEDITERRANEAN (2015-2018) SOUTH-EAST ASIA Mr Andrew Tuggey Mrs Roosme Hamzah Parliament of the United Kingdom INDIA SOUTH-EAST ASIA Parliament of Malaysia

Hon. Dr Charnjit Singh Hon. S. K. Devamany, MP Atwal, MLA Speaker of Perak State CPA Secretariat Speaker of the Legislative Legislative Assembly, Perak, Assembly, Punjab Malaysia Suite 700, Westminster House, Tel: (+44-20) 7799-1460 (2013-2016) (2013-2016) 7 Millbank, London SW1P 3JA, Fax: (+44-20) 7222-6073 United Kingdom Email: [email protected] Shri Rajendra Arlekar, MLA Dr Lim Biow Chuan, MP www.cpahq.org Speaker of the Legislative Singapore Assembly, Goa (2014-2017) (2014-2017) Hon. Dato’ Noraini Ahmad, MP A full listing of the CPA Branch Directory can be Shri P. P. Chaudhary, MP Malaysia found at: www.cpahq.org Lok Sabha, India (2015-2018) (2015-2018)

Commonwealth Women Parliamentarians (CWP) Steering Committee

PRESIDENT ASIA CANADA INDIA Vacant Hon. Asma Rasheed, MP Hon. Linda Reid, MLA Hon. Meenakashi Lekhi, MP Maldives Speaker of the Legislative India CHAIRPERSON (2015-2018) Assembly, British Columbia, (2014-2017) Rt Hon. Rebecca Kadaga, MP Canada Speaker of Parliament, Uganda AUSTRALIA (2014-2017) PACIFIC (2013-2016) Hon. Catherine Cusack, MLC Also Vice-Chairperson of the Hon. Munokoa Poto New South Wales, Australia CWP (2015-2016) Williams, MP AFRICA (2013-2016) New Zealand Hon. Angela Thoko Didiza, MP CARIBBEAN, AMERICAS AND (2014-2017) South Africa BRITISH ISLANDS AND ATLANTIC (2015-2016 to complete the MEDITERRANEAN Hon. Shirley M. Osbourne, MLA SOUTH-EAST ASIA remainder of Hon. Lucia Witbooi Vacant Speaker of the Legislative Vacant MP’s term from 2013-2016) (2015-2018) Assembly, Montserrat (2013-2016) (2015-2018) SUBSCRIBE TODAY THE PARLIAMENTARIAN

iamentarian 2014 | Issue Four XCV | Price £13 TheParl

Journal of the Parliaments of the Commonwealth

60th CPC: Commonwealth Repositioning the Commonwealth forWomen the Parliamentarians Parliamentarians Post-Millenium Developmentand public trust:Goals Do AgendaPAGE 278 Good governance codes of conduct PLUS for the 21st Century: help? Parliaments have Transparency and PAGE 274 an important role in Accountability shaping the post-2015 PAGE 258 development agenda PAGE 234

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