Support to the Armenian National Assembly Program (Sanap) Quarterly Report (April 1–June 31, 2014)

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (SANAP) QUARTERLY REPORT (APRIL 1–JUNE 31, 2014)

JULY 15, 2014 This publication was produced for review by the United States Agency for International Development. It was prepared by Tetra Tech.

Prepared for the United States Agency for International Development, USAID Contract Number AID-OAA-I-as-00001/AID-111-TO-12-00001.

Tetra Tech Contact: Ed Harvey [email protected]

Tetra Tech Home Office Address: Tetra Tech 159 Bank Street, Suite 300, Burlington, VT 05401 Tel: 802 658-3890, Fax 802 658-4247 www.tetratechintdev.com

Cover photo: Staff Workshop for Parliament Department and Division Heads April - This and all photos are credited to the Support to the Armenian National Assembly Program staff.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (SANAP)

QUARTERLY REPORT (APRIL 1– JUNE 30, 2014)

JULY 15, 2014

DISCLAIMER

The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

TABLE OF CONTENTS

TABLE OF CONTENTS ...... I ACRONYMS AND ABBREVIATIONS ...... II 1.0 OVERVIEW ...... 1 1.1 PROGRAM SCOPE AND PURPOSE ...... 1 1.2 POLITICAL BACKDROP ...... 2 1.3 KEY ACTIVITIES CARRIED OUT DURING THE REPORTING PERIOD ...... 3 1.3.1 Summary ...... 3 1.3.2 Legislative Initiatives SUPPORTED BY SANAP ...... 3 1.3.3 Stronger Budget Oversight / Legislative oversight ...... 4 1.3.4 Improved parliament Hearings and Expanded committee Outreach ...... 5 1.3.5 Institutionalizing Hearing improvements thorugh a parliament hearing manual ...... 6 1.3.6 Expanding Civil society Engagement...... 6 1.3.7 Supported Professional development ...... 6 1.3.8 Progress and challenges ...... 6 2.0 DESCRIPTION OF CONDUCTED AND PLANNED ACTIVITIES FOR EACH COMPONENT ...... 8 2.1 OBJECTIVE ONE: REPRESENTATION OF CITIZEN INTERESTS INCREASED ...... 8 2.1.1 Activities Performed ...... 8 2.1.2 Activities Planned ...... 11 2.1.3 Past and Ongoing Challenges/Solutions ...... 11 2.2 OBJECTIVE TWO: EXECUTIVE BRANCH OVERSIGHT IMPROVED ...... 11 2.2.1 Activities Performed ...... 11 2.2.2 Activities Planned ...... 13 2.2.3 Past and Ongoing Challenges/Solutions ...... 13 2.3 OBJECTIVE THREE: COMMITTEE ANALYTICAL CAPACITIES INCREASED ...... 13 2.3.1 Activities Performed ...... 13 2.3.2 Activities Planned ...... 18 2.3.3 Past and Ongoing Challenges/Solutions ...... 19 2.4 OBJECTIVE FOUR: COMMITTEE RULES AND PROCEDURES MADE CLEARER AND INSTITUTIONAL CAPACITY INCREASED ...... 19 2.4.1 Activities Performed ...... 19 2.4.2 Activities Planned ...... 20 2.4.3 Past and Ongoing Challenges/Solutions ...... 21 2.5 SPECIAL CROSSCUTTING INITIATIVE – WOMEN MP GROUP ...... 21 ANNEX I: QUARTERLY FINANCIAL REPORT ...... 22 ANNEX II: COMPARATIVE MEMO ON LEGISLATIVE OVERSIGHT IN EUROPEAN COUNTRIES ..... 23 ANNEX III: SAMPLE SANAP FELLOWS WORK FOR COMMITTEES ...... 53 ANNEX IV: STAFF RETREAT REPORT ...... 64 ANNEX V: CSO PROFILE ...... 79 ANNEX VI: MEDIA CLIPS ...... 81

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) i ACRONYMS AND ABBREVIATIONS

AUA American University of Armenia COC Chamber of Control COP Chief of Party COR Contracting Officer’s Representative CSO Civil Society Organization DCOP Deputy Chief of Party GIZ German International Technical Cooperation Agency IQC Indefinite Quantity Contract IR Intermediate Result M&E Monitoring and Evaluation MOU Memorandum of Understanding MP Member of Parliament NA National Assembly NGO Nongovernmental Organization OSCE Organization for Security and Cooperation in Europe PMP Performance Monitoring Plan SANAP Support to the Armenian National Assembly Program STA/M Senior Technical Advisor/Manager STTA Short-Term Technical Assistance USAID United States Agency for International Development

ii SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014)

1.0 OVERVIEW

1.1 PROGRAM SCOPE AND PURPOSE Tetra Tech was awarded the USAID-funded Support to the Armenian National Assembly Program (SANAP) on September 5, 2012. This $4,269,138 program is working to strengthen the National Assembly’s institutional capacity by accomplishing the following objectives over the four year implementation period (2012-2016): 1. Representation of citizens’ interests by selected committees increased. 2. Oversight of the executive branch by selected committees improved. 3. Analytical capacity of selected committees improved. 4. Rules and procedures governing selected committees made clearer and institutional capacity increased. During the first year of the project, SANAP worked with five standing committees: • Financial - Credit and Budgetary Affairs • Protection of Human Rights and Public Affairs • State and Legal Affairs • Territorial Affairs and Local Self Government • Ethics1 Beginning October 2014, SANAP began working with three additional committees: • Healthcare, Maternity and Childhood • Agriculture and Environment • Economic Affairs SANAP is helping to build the capacity of selected committees by strengthening the skills and knowledge of committee Members of Parliament (MPs), enhancing rules and procedures of select committees, improving legislative analysis by staff and members, and expanding outreach to citizens and civil society. In addition to its work with parliamentary committees, SANAP works with individual MPs elected from single-member districts who want to strengthen constituent links. SANAP also works with women MPs interested in forming a non-partisan group focused on collective policy advocacy. Finally, SANAP supports other USAID projects that have issues requiring parliament consideration.

1 Because of its quasi-judicial nature, with authority for hearing and adjudicating complaints, the Ethics Committee’s involvement in the project is limited to assistance with strengthening its rules and procedures, and partnering with the committee to increase awareness of ethics rule among all MPs.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 1 This Eighth Quarterly Report covers the period between April 1, 2014 and June 30, 2014.

1.2 POLITICAL BACKDROP Sweeping Leadership Changes: During the quarter there were leadership changes in top government positions that resulted in major shifts in the political scene and directly affected SANAP. • On April 3, Armenia's constitutional court ruled that the country’s controversial pension legislation violated the law. • On April 4, the Prime Minister announced his resignation. • On April 13, the Speaker of Parliament resigned to become Prime Minister (PM). • On April 18, the Chair of the State and Legal Committee resigned to become the new PM’s Chief of Staff. • On May 15, the Parliament’s Chief of Staff resigned to go to work for the Prime Minister’s office. • Additionally, there were changes at the ministerial level in Health and Justice Following the resignation of these key parliamentary leaders, the following new appointments were made in the parliament: • On April 29, the new Speaker of Parliament was appointed. SANAP met with the new Speaker on May 7. • On April 30, the new Chair of the State and Legal Committee was appointed. SANAP met with the new chair on May 21. • On May 26, the new Chief of Staff was appointed. SANAP met with the new Chief of Staff on June 17. For SANAP, these leadership changes had a direct effect on the program’s engagement with parliament as many of those who left the parliament to assume positions in the Prime Minister’s office had been key counterparts and important supporters of the project. The project quickly reached out to the new leaders once appointed to introduce the project and begin the process of re-establishing relations with the new parliamentary and committee leadership. In particular, the project needed to affirm the support of the new Speaker, and held an introductory meeting with the new Speaker on May 7. Work underway with the State and Legal Committee as well as the Territorial Committee stalled for a time while the changes played out, and the SANAP team adjusted project activities accordingly. The project team was persistent in its efforts to obtain a meeting with the new Chief of Staff once he was appointed as it is critical establish a positive working relationship for various planned activities ton continue. As of this writing, the relationship with the new Chief of Staff’s office is still being redefined. Moreover, the new government rushed to propose its program, with extraordinary sessions shaping much of parliament’s work during May and June. These unscheduled special sessions disrupted planned activities with SANAP partner committees. In addition, extraordinary session rules were employed circumventing normal committee processes. Finally, ministerial changes affected legislative initiatives in the Health Committee and fuller implementation of program indicators in the justice sector. However, by the end of the reporting period a degree of normalcy had returned to parliament.

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Constitutional Reform: During the reporting period the Armenian Constitutional Reform Commission issued a preliminary “concept paper” outlining ideas for possible reform of the Constitution. While the major focus of the proposed changes was linked to the process of selection and the powers of the President and Prime Minister, the Commission also advocated changes that would strengthen parliament. The language for stronger legislative and oversight powers align well with SANAP program principles. In light of this possible constitutional reform, SANAP joined with the OSCE and the EU to co-sponsor three national workshops on the issue. Eurasia Union / Customs Union: One topic that is receiving less attention was Armenia’s membership in the Eurasia Union. As some predicted, translating such a sweeping policy change – from association with Europe to Russia – turned out to be more complex than originally thought. At the end of the reporting period, it was clear that other Eurasian Union members were reluctant to support Armenia’s membership, and that moving away from previous WTO obligations could prove expensive for the country. Despite a rather tumultuous political period, including significant leadership changes in the government and parliament, SANAP remained focused on its objective of building the National Assembly as an institution and stayed out of the political fray. It is the institutional change work that SANAP does with its partners that will yield long-term impact.

1.3 KEY ACTIVITIES CARRIED OUT DURING THE REPORTING PERIOD

1.3.1 SUMMARY

During this reporting period, SANAP carried out activities in support of stronger budget oversight, legislative oversight, improved parliament hearings, committee outreach, expanded civil society engagement, policy development, and professional development. It also worked to foster new relationships with the National Assembly. In addition, various research and analysis was completed in partnership with NA staff.

1.3.2 LEGISLATIVE INITIATIVES SUPPORTED BY SANAP

During the quarter, SANAP worked with partner committees on their legislative initiatives. After holding hearings, conducting research, and engaging in extensive consultations with civil society, two partner committees initiated legislation. • The Human Rights and Public Affairs Committee, with support from committee staff, drafted labor reform legislation that will be considered during the fall session of parliament. • The Healthcare, Maternity and Childhood Committee, with support from committee staff and a SANAP Fellow, drafted legislation to promote continuous professional development for physicians. Government proposals were also modified by committees with SANAP input. • The Agriculture and Environment Committee, after holding consultations and a hearing with significant CSO participation, pushed back against a proposed 5-year authorization to draw water from Lake Sevan. As a result, the government reverted to the current law requiring annual authorization, which ensures that parliament is able to annually review the impact of the water drawn on the lake, and has a role to play in the management of this important natural resource.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 3 • The Healthcare Committee, based on research conducted by a SANAP Fellow and consultations, successfully opposed a government proposal that would have made it illegal for a physician to tell expectant parents the gender of a fetus. • The Territorial Affairs and Local Self Government Committee, with research carried out by a SANAP Fellow and committee staff, and after committee member consultations, decided to remand a proposal to government, effectively shelving the proposal until at least until the next session of parliament. These initiatives were rooted in SANAP’s methodology --- of using research and citizen input in order for committees to make more informed decisions -- and with logistical support from the project.

1.3.3 STRONGER BUDGET OVERSIGHT / LEGISLATIVE OVERSIGHT

During the reporting period, oversight efforts focused heavily on parliament’s review of the annual government budget execution report to parliament. Building on interest generated in year one of the project, in year two SANAP marshaled resources to strengthen understanding of budget oversight, develop a more thorough understanding of international budget performance standards, and apply tools and techniques to undertake independent analysis. SANAP provided local experts and SANAP Fellows to assist committees in analyzing the budget report as a basis for their oversight. As an important marker of progress in building institutional capacity, the committee expert for the Human Rights Committee prepared the budget oversight analysis with minimal support from SANAP’s expert, and the questioning of the report by the committee was markedly improved. The budget report oversight carried out by the Territorial Committee also showed a marked improvement over last year, and the Deputy Chairman expressed the desire to take it to an even higher level, calling for better reporting that links spending with stated government goals. Last year, budget oversight activity was a disappointment in this committee, as the government generally refused to provide requested information. This year the committee focused on a specific activity – Marz education administration – with staff developing strong budget data on this topic, the committee Territorial Committee at the joint 2013 budget execution providing the government with focused report meeting questions in advance, and committee members coming prepared and asking relevant questions during the session. With the State and Legal Committee, while the Chair was new and relatively unfamiliar with the details of the budget execution report, the Ministry of Justice - responding to feedback from the committee on last year’s parliament oversight activity as well as the committees 2013 budget preparation work on program indicators - provided an improved and more transparent annex to the report. According to NA budget committee staff analysts, the report was in a clearer and more readable format. During the budget review session, the quality of the discussion between MPs and government was improved through the use of qualitative data and an emphasis on the results of government performance. Although agencies, which the committee had not worked with, maintained the tradition of generally reading financial and quantitative data from the report.

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With first year committees – Agriculture, Health and Economy -- performance was more modest. These committees are just beginning to understand the concepts of how to use the budget execution report as a key oversight tool, as well as how to gather meaningful data to strengthen their analysis and review. The Economic Committee took a particular interest in the spending for the South Caucasus Railway. From a general overview developed by SANAP and legislative staff, questions were prepared. The responses to these questions formed the basis for an executive - committee session and led to the formation of a working group. While not part of the budget execution report session, the Chairman is interested to focus in the future on linking subsidies to requirements of the concession agreement. The Health and Agriculture Committees were concerned with infant mortality and farmer subsidies, respectively. SANAP experts and Fellows worked with staff to gather and analyze data, and with the committee chairs on way to utilize the results.

1.3.4 IMPROVED PARLIAMENT HEARINGS AND EXPANDED COMMITTEE OUTREACH

SANAP continued to work with committees on improving the conduct of parliament hearings. Efforts focused on planning, implementation and follow up. Committees are improving their hearing processes and the associated outcomes evidenced. The Health Committee held a hearing on Continuous Professional Development for Physicians in Gyumri on April 4. The committee expanded the invitation list after more fully considering “key stakeholders” and extended invitations to medical personnel and administrators, Marz officials, relevant CSOs, and professional associations. Over 100 persons attended the hearing. Information was provided by the committee and feedback received from the community. As a result, revised legislation was drafted and circulated for consideration in the Fall session of parliament The State and Legal Committee held a hearing on defamation issues related to the internet on March 31. During this reporting period, follow-up research was Health Committee hearing on Continuous Professional Development for Physicians in Gyumri done, and a citizen – MP advisory group was formed. As a result of the discussions, the controversial proposal on defamation was shelved by the committee. The Agriculture Committee held a hearing on a proposal to give the government more power over diverting water from Lake Sevan to the Ararat Valley agricultural region. With SANAP assistance, the Chair met with a broad range of environmental activists on the in the issue. The SANAP Fellow and committee staff prepared research, which was greatly expanded with a USAID sponsored study on the subject. Nearly 100 persons attended the hearing, which was later followed by meetings with stakeholders, and opposition speeches on the plenary floor. As a result, the government agreed to roll back the requested authority to the current 1 year standard. The Territorial Committee held a subject matter field hearing on the issue of local consolidation in Dilijan. Approximately 60 persons attended, representing government officials and private individuals. Although the government has yet to release a proposal for reform, the feedback from citizens raised

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 5 important concerns that the committee will address in a formal hearing in the Fall, contingent on the submission of a government proposal.

1.3.5 INSTITUTIONALIZING HEARING IMPROVEMENTS THORUGH A PARLIAMENT HEARING MANUAL

In January, committee staff enlisted SANAP support to develop a manual on the conduct of parliamentary hearings. By the end of the reporting period, a collaboratively developed manual was drafted and nearly ready for review. The manual draft will be shared with others in parliament for feedback. After incorporation of the feedback, the manual will be published and serve as the basis for subsequent SANAP technical assistance in this area.

1.3.6 EXPANDING CIVIL SOCIETY ENGAGEMENT

During the reporting period, SANAP observed a qualitative improvement in civil society engagement. There is a broader understanding of the term “civil society,” to include CSOs and average citizens, but also individual experts, businesses, associations, media, and academics. Utilizing this expanded array of expert civil society resources has helped to improve hearings in the Agriculture and State and Legal Committees, as well as pre-hearing activities in the Committees on Territorial, Human Rights, and Health. Specifically: • Citizen groups were instrumental in shaping the committee’s response to the proposal to divert water from Lake Sevan. • Citizens engaged in a health environmental scan to identify issues for the committee. • Citizens provided first hand feedback to MPs on issues of orphan graduate housing, and potential local government consolidation. • Citizens spoke out at a Town Hall Meeting in Gyumri.

1.3.7 SUPPORTED PROFESSIONAL DEVELOPMENT

SANAP hosted a retreat on April 4-5 for department heads, with a goal of building improved staff communications and laying the foundation for developing a strategic plan for the parliament. It was a successful event and an important first step on the path to institutional reform. SANAP also provided training for committee staff on Budget Execution on April 8.

1.3.8 PROGRESS AND CHALLENGES

SANAP has worked with committees to successfully improve organization, planning, research and citizen Committee Staff Training on Budget Execution engagement during the reporting period. While much work remains, real progress is visible.

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However, the project saw some of its key allies leave for parliament for government during this quarter. In their wake, new relationships need to be formed with the new leadership in parliament, and this is already underway. Perhaps new priorities may take hold, perhaps the SANAP partnership will change with some institutions of parliament. However, SANAP has strong roots in its committee relationships on which to build. Committees are the foundation of the project and SANAP’s committee work is not in doubt. Given this, the project does perceive there to be any extraordinary challenges to their continued work in the parliament. The biggest challenge is to build a constructive working relationship with the new Chief of Staff and make sure he comes to understand and value the assistance SANAP is able to offer this office. The team will continue to reach out to and engage the Chief of Staff over the coming months, and expect that the relationship will be clear by the end of July, with ample time to plan for the autumn session of parliament.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 7 2.0 DESCRIPTION OF CONDUCTED AND PLANNED ACTIVITIES FOR EACH COMPONENT

2.1 OBJECTIVE ONE: REPRESENTATION OF CITIZEN INTERESTS INCREASED

2.1.1 ACTIVITIES PERFORMED

CIVIL SOCIETY RESOURCE DATABASE (WORK PLAN ACTIVITY 1.1.2) As part of the Year 2 work plan, SANAP had developed a Microsoft Access based database and populated it with listings of civil society organizations and contact information. During the last quarter, the database was distributed to committees and technical assistance was provided to help staff use the simple search interface. The database has met with limited success. While SANAP activity helped to raise awareness – and demand – for stakeholder interaction, the database proved to be an impediment. Instead, during the reporting period, SANAP staff have offered an alternative, simplified CSO Profile template that could be used in either a word processor or spreadsheet form. The technology is more accessible to staff and has been embraced by most of the committees as a way of cataloging civil society organizations, experts, and think tanks for committee outreach and communications purposes. The project has seen rapid embrace of more robust committee-citizen outreach. It represents a major program success. The challenge remains to find ways to institutionalize stakeholder contact information, ensure timeliness and accuracy, and share information across committees. The lesson learned is that developing and maintaining civil society contact information is effective if needs-based, which is why the CSO profile is seen as useful when organizing a hearing or other outreach activity.

ONGOING SUPPORT TO PARLIAMENT TO PROMOTE CSO INVOLEMENT (WORK PLAN ACTIVITY 1.1.3) During the spring 2014 session, the project saw real progress involving civil society in parliament’s activities. Although hearings were more difficult to plan because of leadership changes and extraordinary

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demands on parliament, successful engagement occurred on many levels. In year 2 of the project, SANAP worked to gradually shift CSO organizing responsibility to committees, and worked to provide material support only in key areas when intervention filled critical gaps. For example, SANAP worked with the Human Rights Committee on the issue of orphan graduate housing, supporting a committee outreach visit to affected persons. In year 1, SANAP would assist on all aspects of the plan. In year 2, working closely with the chair and staff, SANAP’s contribution was limited to strategic advice and providing transportation to carry committee staff and NA media personnel. Preparation, communications, and other logistics, were handled by staff and the Marz. Also, SANAP provided encouragement and support for both broadening the definition of “civil society” beyond formal CSOs and for engaging civil society both early in issue identification and later in post- hearing policy shaping. On the definition of “civil society” SANAP encouraged a broader perspective than merely formally registered CSOs, to include experts from academia, think tanks, trade associations, business and media. Rather than focusing exclusively on formal civil society organizations, the emphasis shifted to identifying needed community input and expertise from all non-governmental sources and stakeholders. SANAP also encouraged civil society engagement not only during parliamentary hearings, but during all steps of the legislative/policy process. Pre-hearing examples during the quarter include the health issue policy scan/follow up, sex selective abortions, various water issues with the Agriculture Committee, and labor and children’s rights issues with the Human Rights Committee. Post-hearing civil society engagement could be seen with the Internet Defamation, Lake Sevan, and Continuous Professional Development issues. By shifting the emphasis from material support to strategic advice and contact knowledge sharing, SANAP continues to support a successful aspect of the program, but with an eye to building institutional capacity and long-term sustainability.

CONSTITUENCY WEEK (WORK PLAN ACTIVITY 1.1.4) While SANAP is proud of its work to promote civil society, and saw great success when the engagement with civil society was needs-based, Constituency Week posed a significant challenge. Simply stated, there was very little demand in holding an “event” like constituency week. Nearly all single-member district MPs were consulted. Some were simply not interested. Others offered the traditional reasons for MP Hakob Hakobyan meeting constituents in his constituency reluctance, namely that citizens use the office in Dilijan opportunity to ask for personal favors and money, rather than discuss issues in parliament. Members who regularly engage constituents asked why they needed an “event” like Constituency Week to affirm an already established practice. Finally, with leadership changes in parliament, SANAP was unable to secure support and leadership from the Speaker’s Office for the event. Despite the challenges, there were successes during the period, such as: • SANAP supported an April 15 constituency meeting with MP Hakob Hakobyan where notices were more widely distributed and casework principles were used to manage citizen concerns.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 9 • SANAP provided strategic and logistical support for a June 3 Town Hall Meeting with MP Martun Grigoryan in Gyumri. Nearly 250 people filled a local movie theater, and during a well managed two hour meeting, a broad range of issues were raised and discussed. • On June 7, MP Edmund Marugyan held a town hall meeting in Vanadzor with SANAP technical assistance and advice. The lessons learned thus far confirm SANAP’s approach – that demand driven activities offer the greatest potential for knowledge transfer.

CIVIL SOCIETY ENGAGEMENT IN PARLIAMENT HEARINGS (WORK PLAN ACTIVITY 1.1.5) SANAP played an important role providing strategic advice and technical assistance to make broad citizen engagement an increasingly regular feature of the hearings held by our partner committees. Strategic advice stems from SANAP’s public hearing methodology; linking hearings to gathering information for better decision making. Built on that premise, information and research needs, as well as key stakeholder consultations desired become more logical and easily identifiable to the committees. Similarly, developing key questions and using civil society experts as “witnesses” becomes a logical extension of this approach. Three parliament hearings during the period: Health Committee continuous professional development for physicians; Agriculture Committee hearing on Lake Sevan water issues; and the March 31 State and Legal Committee meeting on Internet defamation in total gathered more than 100 persons. Key civil society experts were identified – beyond traditional government / parliament rapporteurs, to provide advice and testimony in a more structured way. All were consulted in committee follow on actions. Agriculture and Environment Committee hearing on Lake Sevan bill On issues of sex selective abortions, agricultural cooperatives, orphan graduate housing, and children’s rights, civil society engaged in helping to frame the issues for hearings planned in the Fall. These pre-hearing activities are important to shape relevant questions and identify key information gaps to be addressed. Civil society was also involved in post-hearing activity, on issues of Internet defamation, continuous professional development, labor reform, and Lake Sevan water issues as committees put final touches on draft legislation or gathered information that allowed them to decide to shelve or modify a legislative proposal. As the second year of the project draws to a close, civil society engagement is becoming an established practice. As parliament expands the opportunities for civil society engagement and expectations on both sides are raised, managing and strengthening the budding relationships will be important aspect of SANAP’s assistance going forward.

CONSTITUENCY HANDBOOK (WORK PLAN ACTIVITY 1.2.1) SANAP has completed work on the draft constituent handbook sections related to citizen outreach and setting up a local office. These are follow-on sections to the already completed casework section.

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Together, the constituency handbook will be published and distributed widely to all MPs and staff in the Fall.

CONSTITUENCY STAFF TECHNICAL ASSISTANCE (WORK PLAN ACTIVITY 1.2.3) Constituent staff training was completed at the end of April for the 10 MP staff who expressed interest. The casework section of the constituency manual was the foundation of this training and technical assistance. All staff completed the training workshop and received follow up technical assistance. A follow up survey administered by SANAP showed highly positive feedback on all aspects of the assistance provided, including the training, workshop, casework materials and follow up help.

COMMITTEE COMMUNICATIONS WORKSHOP (WORK PLAN ACTIVITY 1.3.2) With the substantial leadership changes that occurred in parliament this quarter, this activity was delayed. An informal visit from an international strategic communications consultant, at no-cost to the project, led to preliminary findings which, in turn, will lead to proposed programming for year 3 of the project.

2.1.2 ACTIVITIES PLANNED

ACTIVITY 1.1.3: CIVIL SOCIETY ENGAGEMENT IN PARLIAMENT HEARINGS Review progress for Year 3 work plan

ACTIVITY 1.2.1: CONSTITUENCY MANUAL Finalize edits and prepare for distribution

ACTIVITY 1.2.3: CONSTITUENCY STAFF TECHNICAL ASSISTANCE Review progress and next steps

2.1.3 PAST AND ONGOING CHALLENGES/SOLUTIONS

None. Going forward the project recognizes the need to continue its work to improve and reinforce opportunities for practical interventions linking civil society to parliament.

2.2 OBJECTIVE TWO: EXECUTIVE BRANCH OVERSIGHT IMPROVED

2.2.1 ACTIVITIES PERFORMED

BUDGET SPENDING OVERSIGHT (WORK PLAN ACTIVITY 2.1.2) As a major activity with several aspects, budget oversight activities are referenced in several sections of this report. As background, Armenia legally requires the government to provide an annual budget execution report to parliament, and for parliament to vote on that report. Parliamentary rejection of the report is considered a vote of no-confidence. Normally, joint hearings are held with the budget committee to review the government report and question officials. The meetings have generally been seen as an empty formality. Budget formulation and review have little connection to program performance. There is little in the report that can help parliamentarians determine if funds were spent wisely or in accordance with the legislature’s priorities. Last year, SANAP played a strong leadership role in helping its partner committees to understand how to

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 11 monitor budget execution. This year, however, our approach to this exercise was far more demand-driven, which is appropriate as capacity of the committees is built. Committees now better see the value of the exercise, and staff has received training that allows them to assume greater responsibility for preparing information for MPs on the budget execution report. SANAP has followed a standard methodology for its work in this area; after a committee selects a topic, SANAP assists with developing research, promotes submitting pre-budget session questions to the government, encourages effective questioning in session, and advises consideration of follow up activities during budget formulation. With all partner committees progress can be seen. Understanding of the importance and value of the exercise has increased. The right of parliament to review and the responsibility of government to provide meaningful information has been clearly articulated. Analytical skills have slowly improved, which has pushed the government to take the process more seriously and be better prepared. While first year partner committees lag behind second year committees – as should be expected – overall progress is apparent. SANAP’s approach has been to work with committees to focus review activities on topic(s) of choice. The following topics were selected: • Agriculture Committee – Agriculture subsidies • Economic Committee – Rail subsidies • Health Committee – Child mortality rates • Human Rights Committee – Ombudsman’s office • State and Legal Committee – Justice Ministry programs • Territorial Committee – Administration of education funds in Marzes As stated elsewhere, there is growing recognition among the committees of an inseparable link between effective budget oversight (budget execution) and budget goal setting (program indicators). SANAP will continue to work with partner committees on both subjects to promote a more transparent and participatory budget cycle.

LEGISLATIVE OVERSIGHT (WORK PLAN ACTIVITY 2.2) Legislative oversight has developed slowly, but SANAP’s investment of time is gradually reaping dividends. On this task, SANAP is primarily working with the Chair of the Budget Committee, but is enhancing understanding of the topic more broadly. During the reporting period, a SANAP Fellow prepared two documents for the Finance and Budget Committee meeting on Legislative Oversight Budget Chair: Parliamentary oversight and and SANAP’s assistance Post-Legislative Scrutiny — A Comparative Factsheet, and a Compilation of Post Legislative Scrutiny Mechanisms: Case of United Kingdom (see Annex II). These reports were shared and discussed with committee members. They were also placed on the parliament website for broader readership potential. From the report, the case of the Netherlands held particular interest for the Committee as their approach and process appeared to be most applicable to Armenia. As a first step to develop a collaborative relationship – and to test the relevance of the Netherlands approach – SANAP worked to develop links to

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the Dutch parliament and the relevant committee. As of the end of the reporting period, a set of questions had been drafted by the NA Budget Chair and submitted to the Dutch parliament, to better understand the Netherlands approach. A video teleconference call is planned either in July or September. A future study visit may also be planned. The goal is to settle on a set of practical steps to develop a post legislative review mechanism

CONSTITUENCY-FOCUSED OVERSIGHT (WORK PLAN ACTIVITY 2.3) During the reporting period, Committees began to use more extensively field visits and other outreach tools to gather citizen input in support of its oversight responsibilities. • The Human Rights Committee visited housing provided for orphans that have graduated to interview tenants in order to more fully understand the issues and challenges faced by this socially disadvantaged group. • The Agricultural Committee visited dams in the north and water distribution systems at Lake Sevan, and staff visited a farm practicing water conservation techniques, all in an effort to better understand the issue. • The Territorial Committee held a field visit to Dilijan to better understand the issues related to possible local consolidation. Together, these efforts illustrate a new and developing practice in parliament.

2.2.2 ACTIVITIES PLANNED

ACTIVITY 2.1.2: BUDGET SPENDING OVERSIGHT SANAP will work with committees to review progress and make plans for the year 3 work plan.

ACTIVITY 2.2.2: LEGISLATIVE OVERSIGHT SANAP will work to continue progress for Fall session

2.2.3 PAST AND ONGOING CHALLENGES/SOLUTIONS

None.

2.3 OBJECTIVE THREE: COMMITTEE ANALYTICAL CAPACITIES INCREASED

2.3.1 ACTIVITIES PERFORMED

EXTERNAL ANALYTICAL SUPPORT FOR STAFF AND MPS (WORK PLAN ACTIVITY 3.1.1) During the quarter, SANAP made targeted use of its two commissioned experts for local governance consolidation and budget oversight. However, in year two of the project, the reliance on external expert’s singular knowledge was reduced, as committee staff was more fully versed in the subjects and better able to directly take on the research required by the committees along with the SANAP Fellows. In addition, the committees were encouraged to seek expertise from a wide range of civil society sources. This change in the use of external experts is part of SANAP’s plan to transition technical support to a sustainable framework by project close.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 13 That said, there remain technical gaps that will require the continued use of external experts in the coming years of the project, and this technical assistance will remain a key aspect of SANAP’s support to the parliament. Going forward, however, the project will seek to pre-commission a wider range of experts, and to use them in a more targeted fashion.

COMMITTEE ORGANIZATIONAL IMPROVEMENTS (WORK PLAN ACTIVITY 3.2.1) During the quarter, following SANAP’s sustainability model, the project encouraged repeated use of already developed methods, tools, and templates by the partner committees. In promoting “patterns of practice” the project seeks to institutionalize these behaviors, while also working to formalize practices through handbooks and rules changes. With SANAP technical assistance, nearly all committees embraced both sessional and hearing strategy checklists as a way to organize and prioritize actions. Checklists have been embraced as an easy way to organize hearing activities. In addition, SANAP Fellow research templates became a familiar tool to committees and will hopefully serve as an accepted template for research. More slowly in coming, but still perceptible, is the recognition that advanced committee planning leads to better hearings and meetings. Also, steady albeit uneven progress can be seen in meeting and hearing management, from civil society witnesses to follow up questioning. Finally, post hearing reporting has recognized value within the committees, even if not always implemented. Going forward, SANAP will work to formalize committee organizational improvements through institution-wide dissemination and the parliamentary hearing manual. Additionally, the project will seek opportunities to work with MPs to better manage hearings and meetings.

FELLOW PROGRAM (WORK PLAN ACTIVITY 3.2.2) The SANAP Fellows Program was successfully launched in the first quarter of 2014. The program advertisement attracted nearly 200 applicants. The eight Fellows selected bring impressive credentials. Five of the Fellows hold Masters Degrees in business administration, economics, political science and law. One Fellow holds a JD and two are PhDs in the fields of law and economics. SANAP Fellows began orientation in January 2014 and began working with the committees in February. The Fellows have participated in committee activities and served as research/analysis/operational support staff. Fellows receive ongoing mentoring and training from the SANAP team and participate in weekly staff meetings. In a short time, they have helped to promote change in several committees, working in collaboration with staff on background research, legal analysis, hearing preparation, and use of report templates. In one committee, the Fellow taught committee staff higher level spreadsheet techniques for SANAP fellow Amalia Voskanyan, on the left at the quantitative analysis. Human Rights Committee working meeting on Trade Unions Employing standard formats and meeting high standards that included SANAP review, Fellows prepared a range of requested research on the following topics:

14 SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014)

Agriculture and Environment • Comparative Analysis of Categories Contained in the EIA Law Based on International Experience (World Bank, European Bank for Reconstruction and Development) • Assessment of effectiveness of subsidizing agricultural loans • Improvements in legislation regulating cooperatives • Comparative Analysis of Organic Markets in Armenia and Georgia • Summary of oversight visit to Qarakert. Economic Affairs • Review the draft law on Protection of Economic Competition • Economic calculation and dynamics on export and import • GDP indicators in CIS countries • Summary of the bill on alternative audit inspection • Real Estate bill analysis • Turnover tax analysis Financial-Credit and Budgetary Affairs • Draft comparative research on legislative oversight Health Care, Maternity and Childhood • Identification and cataloguing of issues in health, maternity and childhood collected from CSOs • CSO database update for health sphere • Legal Review of the proposed amendment to the RA law on medical care and service to population to propose system for continuous professional development for physicians • Legal Analysis of Draft Legislation: Draft Law of the Republic of Armenia on Amending the Law of the Republic of Armenia on Donation of Human Blood and Its Components and Blood Transfusion Medical Aid • Summary: Hearing on CPD in Gyumri, • Summary: Working meeting on sex selective abortions Protection of Human Rights and Public Affairs • Labor and Trade Unions: Bill analysis • Orphan Graduate Housing: Law and recent budget changes • Ombudsman office: Questions -Budget Execution State and Legal Affairs • Hearing Summary: Insult and Defamation in the Web

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 15 Territorial Management and Local Self-Government • Research on international practice to improve traffic and parking system in Yerevan city • Analysis of the Draft Law on Amending the RA Law on Organizing Funerals and Operation of Cemeteries and Crematories • Review of International Experience for the Purpose of Regulating the Organization of Funerals in the Republic of Armenia • Legislative Analysis of draft RA Law on Amending the Law of the Republic of Armenia on Local Self-Governance • Request for Additional Information for Evaluation of Spending in Education in RA Marzes • Analysis on spending on education in RA Marzes

STAFF ANALYTICAL CAPACITY IMPROVED /BUDGET EXECUTION ANALYSIS (WORK PLAN ACTIVITY 3.3.1) Budget execution analysis improved during the reporting period. In its second year of support, SANAP saw a more complete understanding by the partner committees of the budget execution report process, as well as of their jurisdictional responsibility in this area. This is demonstrated by the fact that MPs, recognizing that the traditional format of the budget execution report made meaningful analysis difficult, began to more forcefully demand more transparent reporting in public sessions with government. During the reporting period, SANAP held workshops on the budget process emphasizing the links between budget spending and other governmental planning documents. Experts worked with staff and Fellows, to transfer knowledge on methods to analyze the budget and sources of information to ascertain and measure government performance toward meeting its stated goals. In the Human Rights Committee, the committee expert developed an excellent set of questions for MPs, pulling on the background research conducted by the SANAP Fellows and staff, demonstrating the complementarity of the assistance being offered by the project to improve analysis of budget execution. Other committees also made extensive use of knowledge coming from SANAP’s expert to learn – and begin to apply -- best practices. Considerable progress has been achieved. However, after two years of working with the committees through this process, limits are also becoming apparent. First of all, interest and knowledge of budget intricacies in non-budget committees, as well as necessary analytical skills, will be limited, as the jurisdictional competencies of the non-budget committees preclude the need to develop in-depth budget analysis skills. Secondly, the budget execution exercise becomes vastly simpler as parliament and government work together to implement program budgeting, identify key indicators of success, and budget report annexes that link goals to budget expenditures. In light of these developments, in the coming years of the project SANAP will work to more fully promote the linkages between program budget goals and indicators of success as a best practice that makes budget execution oversight simpler and ultimately more meaningful. This is in keeping with SANAP’s goal of promoting increased oversight, and in keeping with parliament’s desire to more fully meet this responsibility, as well as supporting the institutionalization of best practice.

STAFF ANALYTICAL CAPACITY IMPROVED / LEGISLATIVE REVIEW AND POLICY ANALYSIS (WORK PLAN ACTIVITY 3.3.4) Research and information are key ingredients of SANAP’s approach to the development of better policies and legislative outcomes. A key aspect of SANAP’s 4-year plan is to introduce good research and

16 SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014)

analysis techniques within the committees, promote its effective use in the review and development of legislation, and to build demand for and ultimately seek sustainable models to institutionalize these as standard practices within the parliament. During this quarter, SANAP staff worked directly with committee staff and MPs to put the research and hearing information developed by the project to use in establishing and revising policy. Armed with good information, our partner committees evidenced increased willingness to assert its own viewpoint on legislation and policy. The following are some examples: Territorial Committee • Cemetery Legislation: After research conducted last year, the government postponed a draft bill. This year, after the committee carried out a legislative analysis of the revised bill, it recommended no action. • Local Government Consolidation: After conducting research and citizen outreach activities, the committee developed its own policy perspective in advance of receiving an expected government proposal in the Fall. Agriculture Committee • Lake Sevan: Armed with USAID-sponsored research, as well as information and support from a wide range of environmental groups, the committee successfully blocked the government’s proposal to expand its authority to divert Lake Sevan water and effectively reduce parliament’s ability to provide oversight. The committee has also worked to develop background information on environmental impact assessments and on cooperatives and agriculture subsidies in advance of expected action on these issues in the Fall. Health Committee • Continuing Professional Development of Physicians: After earlier SANAP supported civil society roundtables, research on the current law and international best practices, and ongoing civil society consultations, the committee has drafted legislation of its own for consideration in the Fall session. Human Rights • Labor Rights Reform: After research conducted on international best practices, and extensive outreach and civil society consultation, the committee has drafted legislation for consideration in the Fall session. Budget Committee • Legislative Oversight: After extensive research on international best practice, the committee is beginning to shape a policy perspective on the most effective mechanisms to review post-legislative implementation. State and Legal Committee • Committee Rules: With extensive research on comparative committee powers and international best practice, the committee has drafted proposed rules changes for discussion in the Fall session. • Ethics: With hearings, extensive research, conversations with government and fellow MPs, the committee is expected to move forward with proposed rules changes in the Fall.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 17 • Internet Defamation: With hearings, research and extensive consultations with citizens and media representatives, the committee recommended no action on the government proposal. Economic Committee • South Caucuses Railway: With SANAP Fellow analysis of spending related to concession agreement commitments, the committee held an executive session meeting and announced the formation of a working group to review outstanding issues. In each case, good information helped to shape more informed debate and discussion of the issues. While still in early stages, the committee response to these issues illustrate a willingness and growing ability to play a more substantive role in policy development – in partnership with the government.

STAFF PROFESSIONAL DEVELOPMENT SERIES / PARLIAMENT OVERSIGHT TRAINING (WORK PLAN ACTIVITY 3.5.1) On April 8, SANAP held a workshop for staff on analysis of the budget execution report that was well received. However, later in the reporting period, both because of the leadership/staff shakeup, and well as the unpredictable session schedule, it was difficult to work in partnership with the office of the Chief of Staff to plan other staff development activities. Movement on updating and equipping the training room as hub for capacity-building activities in the parliament also stalled, as the new Chief of Staff was focused on startup issues for his office and approval could not be confirmed. Going forward, it is hoped that approval will be given to establish the training room and that in the next year SANAP will have an on-site venue to deliver a wide range of high quality training in a sustainable and cost effective manner.

STAFF RETREAT / PARLIAMENT HEARING IMPROVEMENTS (WORK PLAN ACTIVITY 3.5.2) On April 4-5, SANAP held a successful two-day staff retreat for parliament department and division heads. The goal of the workshop was to discuss improved communications and initiate a process leading to the development of a strategic plan for parliament. A summary report is attached in the Annex.

STAFF CAPACITY DEVELOPMENT PLAN (WORK PLAN ACTIVITY 3.5.3) Mr. Hrayr Tovmasyan was appointed Chief of Staff of the Parliament on May 26, and SANAP requested an introductory meeting on May 28. An initial, introductory meeting was finally held on June 18. No plans or agreements were set. Prior to the departure of the previous Chief of Staff – who left to work for the Prime Minister – a clear plan was in place to develop a strategic plan for the parliament in close partnership with parliamentary staff. A capacity development plan was expected to be drafted as part of the strategic plan. The strategic plan was the agreed upon blueprint for SANAP support in this area. With the change in Chief of Staff, at the close of the reporting period, these plans for cooperation with the Chief of Staff’s office are on hold awaiting further communication.

ONGOING PARLIAMENT STAFF TECHNICAL ASSISTANCE (WORK PLAN ACTIVITY 3.5) SANAP held regular consultations with MPs and parliamentary staff on a variety of topics listed elsewhere in this report. These one-on-one consultations are a core function of the SANAP approach. They serve to build a strong foundation of understanding for staff, engage them more fully in the parliament process, and improve their capacity to serve the committee members.

2.3.2 ACTIVITIES PLANNED

18 SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014)

ACTIVITY 3.1.1: EXTERNAL ANALYTICAL SUPPORT Assess committee needs for next session and match potential experts with needs.

ACTIVITY 3.2.2: FELLOWS PROGRAM Assess program and recruit Fall class.

ACTIVITY 3.3.1-3.3.5: ANALYSIS ACTIVITIES Review progress and plan next steps for year 3 work plan.

ACTIVITY 3.4: PARLIAMENT WEBSITE SANAP will collaborate with parliament to explore additional website enhancements.

ACTIVITY 3.5.1: IN-HOUSE TRAINING/PROFESSIONAL DEVELOPMENT SANAP will seek approval to establish a training room in the parliament as capacity building hub.

2.3.3 PAST AND ONGOING CHALLENGES/SOLUTIONS

The level of collaboration with the new Chief of Staff remains uncertain. The SANAP team will continue to reach out to him and seek to engage with him in project planning over the coming months as a way to increase his knowledge about the project and the support it has to offer the parliament and his office.

2.4 OBJECTIVE FOUR: COMMITTEE RULES AND PROCEDURES MADE CLEARER AND INSTITUTIONAL CAPACITY INCREASED

2.4.1 ACTIVITIES PERFORMED

RULES OF PROCEDURE (WORK PLAN ACTIVITY 4.1) SANAP’s planned activities during this reporting period to support plans of the Chairman of the State and Legal Committee to move forward on reform of the rules of procedure were postponed as a result of the leadership changes that widely affected the operation of the parliament. At the beginning of the reporting period, plans were in place to provide assistance for the rules reform, including holding a well-publicized hearing featuring international experts to discuss draft rule changes; the creation a working group; and the preparation of draft legislation that could be circulated for a decision in the Fall session of parliament. SANAP has agreed to partner with the OSCE on this reform process, with SANAP bringing in an international expert to participate in the planned hearing. Technical experts were also identified and had been screened by the Chair, and a tentative date of May 12th had been set for the hearing to take place. However, on April 18, the Chair of the State and Legal Committee resigned to take a new position as the Chief of Staff to the new Prime Minister. With his departure, plans for reform of the rules of procedure were put on hold. The new Chair of the State and Legal Committee was appointed on April 30, and the SANAP team was able to meet this him on May 21, at which time the project was able to confirm his commitment to moving forward with reform of the rules of procedure. The new Chairman has clearly stated his desire to set a new date, tentatively planned for this Fall, to hold the planned public hearing, and to develop draft rules for circulation in the Fall session. The move of the former Chairman to the government is also a positive, as there is now support in the Prime Minister’s office for this reform as well.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 19 CONFLICT OF INTEREST LAWS, RULES AND PROCEDURES FOR PARLIAMENTS (WORK PLAN ACTIVITY 4.3) During the previous quarter, the committee awaited the recommendations from the Armenian Ethics Commission on their request for technical changes to the ethics rules – stemming from an Ethics Hearing held in the autumn of 2013. However, as there was not movement on this request, early in the reporting period the committee decided to wait no longer and to move forward on the recommendations already gathered. This work was then put on hold with the leadership changes that occurred. By the end of the quarter, however, there was renewed commitment from the new Chairman of the State and Legal Committee, who is also the Chair of the Ethics Committee to continue the work on modifying the ethics rules. At his meeting with the SANAP team, he indicated that he would like to move on this issue in the Fall, and also look at incorporating additional changes.

PARLIAMENT HEARING MANUAL (WORK PLAN ACTIVITY 4.2) Great progress has been made on this activity during the reporting period. The manual was an idea that originated from the January 2014 parliamentary staff retreat in Tsaghkadzor. A team of parliamentary staff volunteered to work with SANAP to develop an easy to use manual that would also incorporate many of the best practices that have been introduced by the project. The group met three times during the quarter, with each meeting encompassing several hours of discussion and debate. At the end of the reporting period, the draft was nearly ready for internal SANAP review. Work to finalize the draft manual will continue in the next quarter, and with additional feedback from parliament to occur during the summer. It is expected the manual will be ready to be rolled out for committee use in the Fall.

PARLIAMENT IN HOUSE OPERATIONS (WORK PLAN ACTIVITY 4.4) As with many issues, progress on this activity stalled due to the leadership changes. During the previous reporting period, a conceptual agreement had been reached with the previous Chief of Staff to help develop a strategic plan for parliament that could serve as a roadmap for improving operations and developing capacity. The April retreat with department heads in parliament was an important and successful first step. However, by mid-April the Chief of Staff had moved to the government and it wasn’t until June 18 that SANAP was able to schedule a first meeting with his successor. SANAP has received strong support for its work from the Speaker’s Office, the Deputy Speaker, the Deputy Chief of Staff, and the various department heads. In the coming period, the project will continue to work with the new Chief of Staff to move this initiative forward, and will seek to build support from the entire leadership team for the goal of institutionalizing reforms that will increase parliament’s effectiveness.

2.4.2 ACTIVITIES PLANNED

ACTIVITY 4.1.1 COMPARATIVE RESEARCH ON COMMITTEE RULES SANAP will support the State and Legal Committee’s planned parliamentary hearing scheduled for the Fall.

ACTIVITY 4.2 PARLIAMENT HEARING MANUAL SANAP will work with parliament to obtain feedback on the draft and plan for its dissemination and use more broadly.

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ACTIVITY 4.3 ETHICS / CODE OF CONDUCT SANAP anticipates supporting the drafting of an ethics reform proposal and organizing with the Chari a public hearing on this topic in the coming year.

ACTIVITY 4.4 IN-HOUSE OPERATIONS PLANNING SANAP will assist the Speaker and Chief of Staff to begin work on a strategic plan for parliament that also looks at the professional development needs of parliamentary staff.

2.4.3 PAST AND ONGOING CHALLENGES/SOLUTIONS

The greatest challenge is to develop a positive and productive working relationship with the new Chief of Staff and the new leadership in parliament in general to ensure the project receives the internal support it needs to be successful and to keep the various reforms and initiatives moving forward.

2.5 SPECIAL CROSSCUTTING INITIATIVE – WOMEN MP GROUP There was no progress on the Women MP initiative during the reporting period. Increasingly, the political polarization of the parliament has made a non-partisan coalition very difficult to form. However, Women MPs did participate in a briefing on gender-based abortions and several women MPs joined in a joint committee meeting on this topic.

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 21 ANNEX I: QUARTERLY FINANCIAL REPORT

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ANNEX II: COMPARATIVE MEMO ON LEGISLATIVE OVERSIGHT IN EUROPEAN COUNTRIES

Parliamentary Oversight on post- legislative scrutiny: Comparative Factsheet

Prepared by

Support to the Armenian National Assembly Program (SANAP) April, 2014

Yerevan

Within the framework of the USAID│Armenia, Support to the Armenian National Assembly Program

Parliamentary Oversight and post-legislative scrutiny: a Comparative Factsheet

SUPPORT TO THE ARMENIAN NATIONAL ASSEMBLY PROGRAM (APRIL 1 – JUNE 30, 2014) 23

PREFACE

The purpose of this report is to present an overview of different models of parliamentary oversight along with the post-legislative scrutiny mechanisms used worldwide. The analysis will undergo 4 intertwined steps:

1) oversight implementing body characteristics 2) status of the oversight implementation – mandatory vs. non-mandatory 3) tools for the parliamentary oversight implementation 4) description of the parliamentary oversight implementation.

To achieve this, rules of procedure and parliamentary acts of Germany, United Kingdom, Sweden, Estonia, the Netherlands, Philippines, Slovakia, the Netherlands and Romania have been analyzed and presented in the concise format.

Stable democratic parliaments are more actively engaged in parliamentary oversight over the laws adopted by the parliaments due to traditional democratic culture and established regulatory framework. In democratic parliamentary systems the primary means and key tools used for oversight over the implementation of legislation by the governmental agencies very often the same tools and mechanism which are used for legislative oversight in general.

While the tools presented focus to the extent possible specifically on legislative oversight over the laws enacted by the parliament than broader legislative oversight, the two are closely connected and any tool that is used for one can be applied to the other.

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GERMANY

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

The permanent committees of the German Bundestag existing parallel to the Federal Ministries are Parliamentary Oversight Implementing Bodies (POIBs). Since the reforms of 1969, the role of those committees was expanded and they were authorized not only to examine the bills but also to undertake the oversight function and policy examination. The permanent committees have a support staff and researchers available to them who closely work on the development of the reports concerning the subjects on the agenda.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

In 2000, the Federal Government adopted the new Joint Rules of Procedure of the Federal Ministries. Time limitation (sunsetting) is seen as part of a procedure to assess existing regulations and amend or abolish those which are obsolete or unnecessary2. The Joint Rules stipulate that the explanatory memoranda for Federal Government Bills must explain whether the law can be limited as to time3. During the most recent legislative period about 50 laws and ordinances were given time limits4. Evaluation clauses also play a prominent part in structuring Federal Government Bills. Paragraph 44(6) of the Joint Rules provides that: “in the explanatory memorandum for the Bill, the lead Federal Ministry must state whether and, if so, after what period of time, a review is to be held to verify whether the intended effects have been achieved, whether the costs incurred are reasonably proportionate to the results and what side-effects have arisen”. The goals of evaluation include seeing which of the regulatory aims have been achieved and what changes and side-effects have resulted. On the negative side, it is difficult to attribute direct effects of legislation due to multi-causality and evaluation may place an excessive burden on ministerial administration and parliaments5.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

The Government is subject to the control of Bundestag. This accountability is collective and members of the Government are not accountable individually. Among the main tools that are used for the oversight implementation are:

2 Dr. Bollhoff, Simplification of Law and Reduction of Bureaucracy at the Federal Ministry of the Interior, Regulatory Evaluation by the German Federal Government (23.09.05) http://www.dti.gov.uk/about/evaluation/Dominik_B%F6llhoff.ppt (last visited 10 January 2006)

3 http://www.staat-modern.de/Anlage/original_549908/Joint-Rules-of-Procedure-of-the-Federal-Ministries.pdf, section 2, para 43(1)6 (last visited 10 January 2006).

4 This is Dr. Bollhoff’s estimate. In total round 400 laws and 1,300 ordinances were agreed by Parliament during this short (3 year) legislative period.

5 Dr. Bollhoff, Simplification of Law and Reduction of Bureaucracy at the Federal Ministry of the Interior, Regulatory Evaluation by the German Federal Government http://www.dti.gov.uk/about/evaluation/Dominik_B%F6llhoff.ppt (last visited 10 January 2006).

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Hearings in Committees. Parliament exercises oversight over the actions of the Government administration by holding hearings in Committees.

Committees of inquiry and missions to Government departments. The Bundestag has the right, and on the motion of one of the quarter of its members the duty, to establish an investigative committee, which takes the requisite evidence at public hearings (Article 44 of the Constitution). These committees may examine all matters falling within the responsibility of the Government and Parliament itself.

Oral and written questions of parliamentarians. Debates on clearly defined topics of general current interest, conducted in the form of the speeches not exceeding five minutes, may take place in the Bundestag. In weeks of sittings, parliamentarians have an opportunity to put to the Government questions of topical interest within its competence, primarily concerning the preceding cabinet meeting Also, every parliamentarian is entitled to submit up to four questions every month to the Government for written reply. These questions must be answered within one week. If a reply has not been received within one week, the questioner may demand that his/her question be called for oral reply during the first question time in the week of sittings following the expiry of the time limit.

Activity reports of the Government administration and of public service or establishment. Besides the annual reports of the Minister of Finance and of the Court of Audit, the Government has the duty to report to the Bundestag, on a wide range of other matters.

Representation of Parliament in governing bodies of the Government Administration. The members of the Bundestag sit on various Committees and governing bodies of administrative services, also outside the parliament.

1.4 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

The permanent committees with the help of the experts and staff closely working with them produce reports detailing the examination of the law, how well it is implemented and whether the expected benefits from the law outweighs the costs of its conduct. Many of the reports are discussed in the plenary, and the in-depth discussion gives the committees the necessary public exposure. Moreover, the MPs, to whom the reports are submitted, value them and rely on the information contained within them due to the committees’ ability to subpoena witnesses, among other reasons.

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GREAT BRITAIN

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

Select Committees. This means that under their broad terms of reference, Commons select committees can undertake post-legislative scrutiny. In practice, this kind of review is undertaken on an ad hoc basis, often in response to public concern over a specific Act.

The Privy Counselor Review Committee. Some Acts of Parliament contain a review provision stipulating that the Act must be reviewed by a certain body after a certain length of time. The mandate of the Law Commission (and of the Scottish Law Commission in relation to Scottish law) is to keep under review all the laws, with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernization of the law.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

After the parliamentary reforms of 1979, a system of select committees was established in the House of Commons and was given the mandate to examine the expenses, the management and the policies of government departments. In May 2002, the House of Commons agreed with the Liaison Committee’s proposal that “examining of the implementation of legislation and major policy initiative” should become mandatory for the select committees, though not applied for all the Acts but only to those which triggered public concern.

The mandate of the Law Commission to implement post-legislative scrutiny of the laws after their enactment became mandatory by the Law Commission Act 1965.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Hearings in the Committees. The committees operate according to the rules of adversarial debate, and do not hold hearings. The draft bills are considered by the select committees of the House of Commons or by Joint Committees of both Houses. When a bill is referred to a select committee, the committee does not formally go through the bill but inquires into the merits of the bill or considers the proposals contained in it. Then the committee usually holds hearings on the bill.

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Committees of inquiry and missions to Government Departments. Departmental select committees of the House of Commons undertake detailed scrutiny of the expenditure, administration and policy of government departments. In addition there are a number of “crosscutting” select committees which examine the work of the Government in certain areas spanning departments, e.g., environmental audit or strategic export controls. While Committees may call for “persons, papers and records”, their exercise of these powers, in the final analysis, derives from the authority of the House alone. The Government maintains that individual civil servants may only give evidence to select committees with the leave of the minister concerned. Similarly departmental ministers may refuse invitations to give evidence on the grounds that a committee’s inquiry does not deal with matters within their departmental sphere of responsibility. Committees’ powers in relation to the Government are therefore circumscribed by the Government’s inbuilt majority in the House. They may only be formally invoked through a motion and vote on the floor of the House.

Oral and written questions of parliamentarians. These include both oral questions brought forth during permanent questioning periods and written questions which are not asked or discussed in the plenary. Questions are generally short, concern a specific issue and can be asked orally. They are mainly asked during a one hour time allocated after the issue is brought forward on agenda. Oral questions are answered orally by the minister in charge or by another member of the government, while written questions are answered in writing only. British legislature does not allow though the introduction of spontaneous questions in order to enable 6 the executive branch to prepare appropriately .

1.4 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

A positive commitment to review is made before or during the passage of the Bill. After an appropriate period post-enactment, the relevant Government department carries out an initial review, which is then published as a report and laid before Parliament. This process could be overseen by central Government to ensure that it is effective. The relevant departmental select committee then reviews the report and if it thinks it appropriate follows it up by conducting its own scrutiny of the effect of the legislation. It may choose to take evidence (in writing or orally) and it may commission further research by an independent body. Where more than one departmental select committee has an interest in the subject matter, it would be for them to decide between themselves how to proceed. This avenue is broadly based on the approach proposed by the House of Lords Constitution Committee. If the departmental select committee does not intend to conduct post-legislative scrutiny of the Act, a committee of the House of Lords might consider doing so. Alternatively, there could be a new joint committee of both Houses to co-ordinate the process of post-legislative scrutiny. The joint committee could either carry out scrutiny work itself, based on the departmental review, or perform a sifting function, directing work to another committee or to a sub-committee7.

6 http://www.ipu.org/PDF/publications/oversight08-e.pdf

7 http://lawcommission.justice.gov.uk/docs/lc302_Post-legislative_Scrutiny.pdf

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SWEDEN

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

Ombudsman System. Parliament elects parliamentary Ombudsmen for four-year terms to supervise the application of laws and other status in the public service. The parliamentary Ombudsmen are four in number, one Chief Ombudsman, and three Ombudsmen. The Chief Parliamentary Ombudsman acts as administrative director and determines the main trust of the Ombudsmen’s activities. Parliament may in addition elect one or more Deputy Ombudsmen. A Deputy Ombudsmen will have held office previously as a Parliamentary Ombudsman.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The Ombudsman system is realized on the mandatory basis stemming from the Instrument of Government, Chapter 12, Articles 6 and 7. As well as the Riksdag Act, Chapter 8, Articles 11 and 13.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Besides the hearings in committees, interpellations, committees of inquiry and missions to Government departments, oral and written questions of parliamentarians, the ombudsman is closely working with the all Ministries in the country that have adjacent division of Better Regulation Unit that implement the Regulatory Impact Assessment exercising the methodology of the cost-cutting modeling introduced by Jacobs and Cordova Associates. The Parliamentary Ombudsmen incorporate the regulatory impact assessments and evaluations of post-legislative 8 scrutiny provided by the above-mentioned units .

1.4 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

An Ombudsman is present at the deliberation of a court of law or an administrative authority and has access to the records and other documents of such an authority. Public or administrative authorities and any state or local Government officials must provide and Ombudsman with such information and opinions as he or she may request. A similar objection is incumbent upon any other person coming under such supervision. A public prosecutor assists an Ombudsman if requested. The Chief Parliamentary Ombudsman and the Parliamentary Ombudsmen may make submissions to Parliament on an issue that has arisen in their supervisory activities. They report annually to Parliament and their report is examined by the committee on the Instrument of Government. The Committee on the Constitution maintains a close relationship with the parliamentary ombudspersons. The Committee on Constitution examines reports submitted by the ombudspersons and confers with a parliamentary ombudsperson on working procedures and other organizational matters9.

8 http://www.ipu.org/PDF/publications/oversight08-e.pdf

9 http://www.ipu.org/parline-e/reports/CtrlParlementaire/2303_F.htm

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ESTONIA

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

The secretariat of the parliament has a department from which parliamentarians and committees may request evaluations in the form of economic, financial and social analyses of legal acts processed by the parliament.

Representation of Parliament in governing bodies of the Government Administration. Parliamentarians may hold office as chairman or member of a board on appointments by the parliament. For example, the parliament has appointed members of the boards of the environmental fund, the traffic insurance fund and others.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The parliamentary oversight in Estonia is implemented on non-mandatory basis through the National legislation, nevertheless the adherence to the EU Directives on oversight is carried out from 2004 on10.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Written interpellations are one of the widely spread tools used in the Estonian Parliament. An Interpellation is a question which is submitted to public authorities and which is in the appropriate format and pertains to compliance with legislation regulating the powers of the body or official. Committees of Inquiry and Missions to Government Departments – The parliament may form committees of inquiry to investigate the circumstances of event of public interest. Parliamentarians may hold office as chairman or member of a board on appointments by the parliament. For example, the parliament has appointed members of the boards of the 11 environmental fund, the traffic insurance fund and others .

1.4 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Whenever interpellation is addressed a reply to it must be provided at a sitting of the parliament within 20 sitting days. After a reply has been provided to an interpellation, a debate is opened in the course of which the interpellant or his/her representative, and thereafter members of the parliament and representatives of the factions and committees wishing to express their opinion, may present comments.

A committee of inquiry is formed by a resolution of the parliament that sets out the composition, including an alternate member to substitute for each committee member, and the functions and

10 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229763/bis-13-775-transposition-guidance-how- to-implement-european-directives-effectively-revised.pdf

11 http://www.ipu.org/parline-e/reports/CtrlParlementaire/2105_F.htm

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term of authority of the committee. A committee of inquiry presents an interim report on its activities at once a year and, on termination of its activities, it presents a final report to the parliament.

PHILIPPINES

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

The Committee on Oversight is one of the standing committees of the Philippine House of Representatives. Its principal task is to review (a) the execution and effectiveness of laws enacted and the pertinent implementing rules and regulations promulgated in relation thereto, and (b) the need to propose the requisite courses of action (Rule IX, Section 28). In addition, each parliamentary committee creates a subcommittee on oversight which cooperates with the Committee on Oversight.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The oversight is implemented by the Committee on Oversight and the respective subcommittees on the mandatory basis stemming from the Philippine House of Representatives, Rules, Article XI, sections 28 and 29.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Inquires of legislation. The House of Representatives or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure (Article 6, paragraph 21 of the Constitution). The rights of persons appearing in, or affected by, such inquiries must be respected.

Representation of Parliament in governing bodies of the Government administration. The chairman of the committee on education of the House of Representatives is a member of the governing bodies of state-run colleges and universities. The chamber is also represented in various advisory bodies, such as the legislative-executive development advisory council, the literacy coordinating Council, the Philippine National AIDS Council and the joint executive- legislative water crisis commission.

Oral and written questions of parliamentarians. Written questions are submitted to the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations are not limited to written questions, but may cover matters related thereto. When the security of the state, or the public interest, so requires, and the President so states in writing, the appearances are conducted in executive session. Subpoenaed persons are required to furnish the information asked, under pain of being punished for contempt12.

12 https://openknowledge.worldbank.org/bitstream/handle/10986/6547/456270PUB0Box3101OFFICIAL0USE0ONLY1.pdf?sequen ce=1

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1.4. DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

A sub-committee on oversight shall be created in each committee to investigate and evaluate, on a continuing basis, the execution and effectiveness of laws, including pertinent implementing rules and regulations, the principal subject matter of which are within its jurisdiction, and the organization and operation of agencies and entities responsible for the administration and execution thereof, to determine whether such laws are being carried out in accordance with the intent of Congress, and the necessity of proposing new or amendatory legislation. Each sub- committee on oversight of a standing committee shall furnish the Committee on Oversight mentioned under Section 28 (a) of these Rules a copy of all its reports, memoranda and other pertinent documents13.

13 http://www.ipu.org/PDF/publications/oversight08-e.pdf

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SLOVAK REPUBLIC

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

Sub-Committees are created within the committees by the means of nomination Parliament Members stemming from the power-balanced scheme. The sub-committees within each committee form a mission to study the application of laws and whether they have been performing efficiently or not.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The parliamentary oversight by the means of forming a mission through MPs nominations is implemented on the mandatory basis stemming from the Rules of Procedure, section 45 of the Slovak Parliament.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Missions to the Government Departments. The National Council exercises oversight over the actions of the administration through missions to Government departments.

Regulatory Improvement Agency. The nominated MPs who form missions are receiving reports from the Independent Regulatory Improvement Agencies stipulating the impact assessment of the adopted laws, their implication and application on the higher levels.

Inter-ministerial representations. The nominated members have coordinating persons attached from the Ministries accountable for the execution of the laws who present annual reports to MPs on the performance of the laws and the steps they are undertaking for the efficient implementation of the latter.

1.4 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

A committee nominates a small number of its members to undertake the task of oversight implementation. In the Slovak Parliament, permanent committees can each nominate one or more members to form a mission to study the application of laws. Parliaments can insert provisions in laws that oblige the government to make periodic reports on their implementation. Such reports are either submitted directly to the competent committees or referred to those committees by the chamber that receives them14.

The Mission supervises the observance and implementation of laws and whether the regulations issued for their implementation are in accordance with the laws. Where a committee finds a breach of a law or that an implementing regulation violates the law, or that such implementing regulation has not been issued at all, or has not been issued in a timely manner, it

14 http://books.google.ru/books?id=5BZpR5hHU_0C&pg=PA241&lpg=PA241&dq=parliamentary+oversight+in+slovakia&source=bl &ots=vViCrZbSKr&sig=48Ef_VhPXYTBuxdyBwct04JhHmA&hl=en&sa=X&ei=pW06U57aE4TI4AS1zIDgDA&ved=0CDcQ6AEw Aw#v=onepage&q=parliamentary%20oversight%20in%20slovakia&f=false

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shall notify the appropriate member of the government, or the head of the appropriate central body of state administration, and shall require immediate remedial action; if no remedial action is taken, the committee shall report it to the National Council15.

THE NETHERLANDS

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

Petitions Committee are formed comprising of MP members and experts on the regulatory impact assessment of the laws passed. It is charged with reporting on all petitions passed to it by the House or a committee of the House. Along with the committee the parliamentary ombudsman system is prevailing, where each committee has an attached ombudsman who cooperates with the Petitions Committee on the matters of the law implementation assessments.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The oversight of the law implementation is conducted by the above-mentioned bodies on the mandatory basis stemming from:

a) Netherlands House of Representatives, Standing Orders, articles 27, 28, 39-42 b) Netherlands House of Representatives, Standing Orders, Article 20.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Consultations with ministers. The rules of procedure of the Netherlands House of Representatives allow a committee to enter into an oral consultation with a minister.

Advisory Board on Administrative Burdens (Actal). The petitions committees may refer to the Actal Independently acting body to get the reports on the scrutinizing impact assessments with specific attention for the quantification of administrative burdens16.

Parliamentary Debates. The reports submitted by Actal are made public as well, thus enabling the parliamentary debates with involved of the Civil Society Organizations, main stakeholders, MPs and Petition Committees.

1.5 DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

The Petitions Committee holds consultations with ministers on a document referred to the adopted laws. A committee may also hold general consultations on matters relating to its policy area. A concise report of both consultations on documents and general consultations is

15 http://www.ipu.org/PDF/publications/oversight08-e.pdf

16 http://books.google.ru/books?id=fIqIHJ4J2_AC&pg=PA78&dq=regulatory+impact+assessment+netherlands&hl=en&sa=X&ei=S XM6U42gBq_b7Aaw-oDgDw&ved=0CDAQ6AEwAQ

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produced. Standing orders also provide for oral consultations with civil servants. With the consent of the relevant minister, information may be provided by civil servants, designated by the minister, during oral consultations

Relations between the national ombudsman and the Petitions Committee of the Netherlands House of Representatives are allocated in the following way:

Each report on a petition shall contain a clear conclusion. These reports shall be printed and distributed. The committee is competent to consult orally or in writing with the national ombudsman. It may report to the House on reports of the national ombudsman that are referred to it. The committee may request a standing or general committee to give advice or to institute an inquiry on its behalf and to submit a report on the inquiry, after which the committee will report to the House.

ROMANIA

1.1 OVERSIGHT IMPLEMENTING BODY CHARACTERISTICS

The rules of procedure stipulates that a small number of committee members, called subcommittees or working groups, should be appointed by the committee to prepare the draft reports to be discussed, amended and approved in the full committee. This flows into Rapporteurs system where those working groups provide their respective committees with the assessments that they have undergone17.

1.2 STATUS OF THE OVERSIGHT IMPLEMENTATION – MANDATORY VS. NON- MANDATORY

The Rapporteurs system was introduced in the Romanian Chamber of Deputies, Rules of Procedure, Article 56 and is conducted on the mandatory basis within the specified time frame of law enactment.

1.3 TOOLS FOR THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Regulatory Impact Assessment (RIA). The RIA agency appoints coordinating experts to the rapporteurs that are helping the latter to produce reports on the post-legislative scrutiny.

Table questions and interpellation. Rapporteurs may table questions, interpellations or requests for information to the Government, ministers or other senior civil servants in the public administration. A question shall consist of a request for a reply on a precise point. The President of the Chamber of Deputies has the right to refuse certain types of questions. Government members do not reply to oral questions if the questioner is not in the chamber at the time. Questions that have not been replied to shall be published in the official journal at the end of each ordinary session.

17 https://openknowledge.worldbank.org/bitstream/handle/10986/6547/456270PUB0Box3101OFFICIAL0USE0ONLY1.pdf?sequen ce=1

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The parliament also appoints members of the national council for academic evaluation and accreditation, and, on advice from the President, the directors of the intelligence services to assist Rapporteurs.

1.4. DESCRIPTION OF THE PARLIAMENTARY OVERSIGHT IMPLEMENTATION

Rapporteurs have two major tasks. First, they prepare a draft report, which will be subject to the committee’s approval. Second, they present the final report of the committee to the chamber. At the beginning of debate on an item on the agenda, the committee shall designate one or more rapporteurs from among its members, following a proposal by the committee president or by another member. The rapporteur shall participate in the drawing up of the committee report or opinion, which will be subject to the committee’s approval, and may read the report in the plenum of the chamber. The reports and opinions shall comprise, apart from the opinion of a majority of the committee members, the amendments admitted, the reasoned contrary opinions of the other deputies who are members of the committee, and the amendments that have been rejected18.

Table of contents of a typical committee report would include:

• Terms of reference • Summary of the committee’s conclusions • Discussion of the reasons underpinning those conclusions • Conclusions • Summary record of proceedings • Evidence taken and submissions received

18 http://www.ipu.org/PDF/publications/oversight08-e.pdf

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Compilation of the Post-Legislative Scrutiny Mechanisms: Case of the United Kingdom

Prepared by Support to the Armenian National Assembly Program (SANAP)

April, 2014

Yerevan

Within the framework of the USAID│Armenia, Support to the Armenian National Assembly Program

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Compilation of the Post-Legislative Scrutiny Mechanisms: Case of the United Kingdom

The report is aimed at revealing and analyzing the existing forms of post-legislative scrutiny models undertaken in the UK by Government Departments, Parliamentary Committees, the Law Commission, etc. Since the post-legislative scrutiny is interpreted differently varying from the reviews which examine the efficient implementation of a particular Act to much wide-ranging policy revisions, the report will be constructed from the 3 parts: in the 1st part of it, the forms of post-legislative scrutiny will be analyzed both from the Government and Parliament side, in the 2nd part the procedural implementation will be deemed, as well as the ways existing tools for parliamentary oversight are used in the UK, followed by the 3rd part covering the outcome documents that serve as basis for ensuring the sustainability of the process of the post- legislative scrutiny.

Part 1. Forms of the post-legislative scrutiny

1.1. Reviews by the Government Departments

Departmental reviews can be very useful but there are no formal systems in place for departments to review the majority of legislation once it has been brought into force. Many reviews are wide-ranging policy reviews which do not have legislation as their focus. However, there are examples of discrete reviews which focus on reviewing the operation of an Act of Parliament or part of an Act. The Home Office review of the Protection from Harassment Act 1997 was published as a research study entitled, an evaluation of the use and effectiveness of the Protection from Harassment Act 1997. The review in that case resulted from quantitative and qualitative research, which analyzed the numbers of prosecutions and practitioners’ views on the operation of the whole Act.

The Department for Constitutional Affairs Post-project Review & Benefits Evaluation of the Asylum and Immigration Tribunal, illustrates a review of the implications of part of an Act. The Tribunal was set up under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 in order to unify the appeal system. This review concentrates on the operation of the Tribunal set up under the Act; setting up the new Tribunal was only one of the aims of the Act.

Departments sometimes review whole areas of law. For example, the Women and Equality Unit at the Department of Trade and Industry (“DTI”) is currently working on a Discrimination Law Review. The terms of reference state that the review will address long-held concerns about inconsistencies in the current antidiscrimination legislative framework. The aim of the review is to produce a series of proposals for a coherent framework for this area of law with a view to bringing forward a single Equality Bill.

Sometimes, Departments commission academic research into Acts of Parliament or areas of law. The DTI recently published a review of research into the impact of employment relations legislation which was carried out by academics at the Universities of Warwick and Sheffield. The purpose of the review was to assess what impact employment legislation introduced since 1997 had had on employers, employees, the economy and employment relations.

Departments may also keep certain provisions or Acts of Parliament under continuous review. For example the Human Rights Unit within the Department for Constitutional Affairs keeps the implementation of the Human Rights Act 1998 under continuous review. Departmental reviews

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can be triggered in different ways. The Government may commit to a review of an Act, or part of an Act or area of law in a White Paper or other policy document. Sometimes a Ministerial undertaking is made during the passage of a Bill. For example, a commitment was made to Parliament during the passage of the Crime and Disorder Bill to review Anti-Social Behavior Orders after two years. The outcomes of departmental reviews vary. The reviews are often published but not usually laid before Parliament. On some occasions, the findings of the review are implemented. For example, the DTI reviewed the Employment Relations Act 1999. Despite the main conclusion of the review that the Act was working well, some areas were identified where changes could be made to improve the working of the Act. Those changes were subsequently made in the Employment Relations Act 2004. Government departments will often have the best access to the information needed for proper analysis of the operation and effects of a statute. The department will also have knowledge gained from the preparation of the Bill, including the experience of drafting a Regulatory Impact Assessment.

1.1.1 Regulatory Impact Assessments

Regulatory Impact Assessments (“RIAs”) must be completed for all proposed policy changes (legislative and non-legislative) which could affect the public or private sectors, charities, the voluntary sector or small businesses. In reality, this means that departments produce RIAs for virtually all proposed legislation. A copy of each final RIA must be placed in the library of both Houses of Parliament and published on the relevant departmental website. The Cabinet Office Better Regulation Executive Guidance on RIAs recommends that RIAs should address post- implementation review and include a description of how the recommended policy option will be reviewed. However, the main purpose of the RIA is to provide a framework for analysis of the likely impacts of a policy change and the range of options for implementing it.

1.2. Reviews by Parliamentary Committees

1.2.1. Select Committees in the House of Commons

In May 2002, the House of Commons agreed with the Liaison Committee’s proposal that one of the core tasks of select committees should be “to examine the implementation of legislation and major policy initiatives”. This means that under their broad terms of reference, Commons select committees can undertake post-legislative scrutiny. In practice, this kind of review is undertaken on an ad hoc basis, often in response to public concern over a specific Act. An oft-cited example is the Child Support Act 1991. Put shortly, public dissatisfaction over the difficulties faced by the Child Support Agency sparked a number of inquiries. A report of the Social Security Select Committee led to the publication of the 1995 White Paper, Improving Child Support, which in turn led to the Child Support Act 1995. The Liaison Committee, in its Annual Reports, monitors the extent to which Commons select committees fulfil their core tasks. The Annual Report for 2004 includes the following examples of committee inquiry work which considered the implementation of legislation or of major policy initiatives:

• The Education and Skills Committee's examination of the impact of the Higher Education Act 2004, which allowed universities to charge differential tuition fees on home and foreign students. • The Northern Ireland Affairs Committee's inquiry into Electoral Registration in

Northern Ireland, which was launched following the introduction of the Electoral Fraud (Northern Ireland) Act 2002 and concluded that, although the Act appeared to be having some success at

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combating electoral fraud, it had the unintended consequence of contributing to the steep and progressive decline in the numbers of voters appearing on the register over recent years. The Work and Pensions Committee's inquiry into The Introduction of Pension Credit, which examined the introduction of pension credit under the State Pension Credit Act 2002 and the ability of the Pension Service to deliver pension credit successfully.

• The Liaison Committee noted that there is evidence that the Government is factoring committee work into its own legislative review processes. The Science and Technology Committee reported that the Department of Health would await the Committee's forthcoming report on its inquiry into Human Reproductive Technologies and the Law before revising the Human Fertilization and Embryology Act 1990.

1.2.2. Joint Select Committees

The Joint Committee on Human Rights (“JCHR”) provides an example of a joint committee which is particularly active in making contributions to the Parliamentary scrutiny of legislation. After the Human Rights Act 1998 was brought into force, the JCHR was established to consider matters relating to human rights. The Committee scrutinizes all Government Bills for compatibility with the European Convention on Human Rights. The JCHR recently submitted a report on its work during the 2001-2005 Parliament and observed that the Committee “had not systemically recorded points which might usefully be followed-up for post-legislative scrutiny”. However, the Committee was able to cite instances where warnings of incompatibility with the European Convention had been issued to Government but not heeded and subsequent cases had proved the Committee right. For example, the Committee had pointed out that section 55 of the Nationality, Immigration and Asylum Act 2002 was almost certain to lead to inhuman and degrading treatment of asylum-seekers in contravention of Article 3 of the European Convention. The Court of Appeal held this to be so in the case of Limbuela, a decision that was recently upheld by the House of Lords.

The Committee has also assessed the operation of the Human Rights Act itself, with regard to the meaning of “public authority” under the Act. This exercise involved detailed analysis of decisions made by the courts under the relevant section of the Act. The JCHR review concluded that there is a fundamental problem, not with the design of the law but with its inconsistent and restrictive interpretation by the courts. The Committee did not think that amending the wording of the Act would achieve a more satisfactory application of the relevant rights and duties than the current wording. This conclusion demonstrates that a legislative solution may not be the best way to address the unintended consequences of a provision.

1.3. Reviews by other bodies

A great deal of Government policy is delivered not directly by Government but indirectly through a variety of agencies which are often tasked with keeping under review the legislation with which they are concerned. There are also independent bodies which undertake review work, some of which are directly accountable to Parliament. For example, the work of the Parliamentary and Health Service Ombudsman looks at how effectively Government departments and other public bodies (including the National Health Service) are exercising their legislative powers, by investigating complaints against these bodies of unfair or improper action or poor service and reporting to Parliament on its findings.

1.3.1. Bodies with a statutory duty to review legislation

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Some statutory bodies have a duty to monitor the operation of the law under which they were created. For example, the Commission for Racial Equality was set up under the Race Relations Act 1976. Under section 43(1)(c) of that Act, the Commission has a duty “to keep under review the working of this Act and, when they are so required by the Secretary of State or otherwise think it necessary, draw up and submit to the Secretary of State proposals for amending it.” Similarly the Mental Health Commission has a duty under the Mental Health Act 1983 to advise the Secretary of State on implementation and operation of the 1983 Act and the Code of Practice. The Information Commissioner is an independent official appointed by the Crown to oversee the Data Protection Act 1998, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. The Commissioner reports annually to Parliament.

1.3.2. The National Audit Office

The National Audit Office (“NAO”), which is independent of Government, scrutinizes public spending on behalf of Parliament. It audits the accounts of all central Government departments and agencies, as well as a wide range of other public bodies. It also reports to Parliament on the economy, efficiency and effectiveness with which these bodies have used public money. This core work is supplemented by reviews which examine corporate governance and financial management, and recommend to public sector managers ways in which departments could improve their systems and processes.

The NAO also has a role independently evaluating the quality and thoroughness with which Departments undertake Regulatory Impact Assessments (“RIAs”). The NAO has identified that RIAs can improve the regulatory process and has established a number of actions that departments need to take to realize the full benefits from the process, such as integrating them with the policy development process and considering all the options including non-regulation. The NAO is currently building on its evaluations of RIAs by preparing a report that examines whether departments have created a culture of impact assessment and better regulation.

There are close links with post-legislative scrutiny. For example, the NAO recently published a report, dealing with the Complexity of the Benefits System, which considered the administration of benefits by the Department for Work and Pensions. The NAO identified that one factor that contributes to complexity is the scale of change in legislation. Between 2000 and 2004, there were six new Acts and 364 new statutory instruments affecting the law on social security. The NAO went on to note that the incremental addition of regulations and their interaction with current regulations could also add to the complexity. Furthermore complexity could increase as legislation is delegated for implementation at local level.

The way in which the NAO operates provides an excellent model of really effective scrutiny work which is followed up by Parliament. The NAO’s reports are presented to Parliament and published. The Public Accounts Committee in the House of Commons holds evidence sessions to consider most NAO reports and then publishes recommendations to which the Government responds. The NAO and Public Accounts Committee follow up by monitoring the implementation of their recommendations.

1.3.3. The Privy Counselor Review Committee

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Some Acts of Parliament contain a review provision stipulating that the Act must be reviewed by a certain body after a certain length of time. Section 122 of the Anti-Terrorism, Crime and Security Act 2001 (“the 2001 Act”) provided for a review of the Act within two years by a committee of Privy Counsellors. 3.29 The 2001 Act also required, under section 28, the Secretary of State to appoint a person to review sections 21-23 of the Act, which contained powers allowing the indefinite detention of foreign nationals suspected of terrorist offences. The Government appointed Lord Carlile of Berriew QC as the section 28 reviewer. He has now made three reports on sections 21-23 as independent reviewer and also reviews the operation of the Terrorism Act 2000. As Lord Carlile made clear in his final report16 on the 2001 Act, his task was to report on the operation of sections 21-23; it was for the Privy Counsellor Review Committee to advise as to whether it considered that sections 21 to 23 should remain in force.

1.3.4. Law Commission Reviews

The mandate of the Law Commission (and of the Scottish Law Commission in relation to Scottish law) under the Law Commissions Act 1965 is to keep under review all the law, with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernization of the law. A good deal of the work of the Law Commission can fairly be described as a form of post-legislative scrutiny (although usually whole areas of law are reviewed rather than single Acts and the work also encompasses review and proposals for reform of the common law) but it would be unusual for the Law Commission to review recent legislation. The work programme of the Law Commission is determined after wide consultation. The programme requires approval by the Lord Chancellor, who makes his decision after considering comments from the Ministerial Committee on the Law Commission. Projects can also be referred to the Law Commission by a Government department.

Parliamentary Counsel at the Law Commission prepare Consolidation Bills and the Statute Law Revision team undertakes systematic scrutiny of the statute book to identify obsolete provisions for repeal. During the Law Commission’s 40 year history, more than two thousand Acts have been repealed in their entirety and thousands of other Acts have been partially repealed as a result of the work of the Statute Law Revision team.

1.3.5. Role of the courts

The courts are responsible for the interpretation of legislation. UK courts do not have the power to strike down legislation but they were granted a powerful new mandate with the passing of the Human Rights Act 1998. Section 3 of the Act provides that “so far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights”. Section 4 of the Act provides a “judicial mechanism for bringing to the attention of Government and Parliament any provision of primary legislation which cannot be read and given effect in a manner compatible with Convention rights” by allowing the highest courts to make declarations of incompatibility. Such declarations do not affect the “validity, continuing operation or enforcement of the provision”; it is for Parliament itself to decide whether it will amend the statute so that it will be compatible with the European Convention on Human Rights.

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Part 2.Procedural Implementation and Tools in Use

A process of post-legislative scrutiny could be Governmental, Parliamentary or external or it might involve elements of all three. Two avenues as options which incorporate all of these three elements will be further introduced. The first avenue contemplates preplanned post-legislative scrutiny for which a positive commitment to review is made in advance of enactment. We envisage that avenue 1 for the time being and for reasons of practicality will only be used in a minority of cases. The second avenue contemplates post-legislative scrutiny for which there was no prior commitment and therefore relies upon post-enactment triggers for review. The two avenues are complementary and together represent a convenient means of presenting the ideas we have received regarding how post-legislative scrutiny could be undertaken more systematically. The two avenues may be described in outline as follows.

Avenue 1: A positive commitment to review is made before or during the passage of the Bill. After an appropriate period post-enactment, the relevant Government department carries out an initial review, which is then published as a report and laid before Parliament. This process could be overseen by central Government to ensure that it is effective. The relevant departmental select committee then reviews the report and if it thinks it appropriate follows it up by conducting its own scrutiny of the effect of the legislation. It may choose to take evidence (in writing or orally) and it may commission further research by an independent body. Where more than one departmental select committee has an interest in the subject matter, it would be for them to decide between themselves how to proceed. This avenue is broadly based on the approach proposed by the House of Lords Constitution Committee. If the departmental select committee does not intend to conduct post-legislative scrutiny of the Act, a committee of the House of Lords might consider doing so. Alternatively, there could be a new joint committee of both Houses to co-ordinate the process of post-legislative scrutiny. The joint committee could either carry out scrutiny work itself, based on the departmental review, or perform a sifting function, directing work to another committee or to a sub-committee.

Avenue 2: No positive commitment to post-legislative scrutiny is made before or during the passage of the Bill. This does not necessarily mean that the Bill is deemed inappropriate for review, but may simply reflect the fact that Government is not likely to commit to more post- legislative scrutiny than it has the resources to carry out effectively. This avenue does not presuppose a departmental review and in some respects reflects the status quo. The decision to review a particular piece of legislation is reactive and taken post-enactment, rather than being preplanned as in avenue 1. Therefore, there are different triggers for post-legislative scrutiny in avenue 2. Central Government, as part of its better regulation agenda, could have a role in identifying, post-enactment, legislation that should be reviewed in order to kick-start a review process. Alternatively, the departmental select committee, or (if established) the new joint committee may decide that a particular Act or provisions within an Act should be reviewed. The committee could (as a departmental select committee already can) request information from the department or commission research from an independent body or undertake the review itself by launching its own inquiry and taking evidence before producing a final report. The decision by Government or a Parliamentary committee to initiate a review of the Act might result from input by an external body.

Before considering each of these avenues further, it will be explained in more detail the common starting point for both avenues, which is the early consideration of the need for post- legislative scrutiny.

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Early Needs Analysis for Post-Legislative Scrutiny

We consider it sensible that a system of post-legislative scrutiny should involve consideration, at an early stage, of the desirability for review following enactment. Ideally, a document or documents that set out the policy objectives of the Bill would inform this process. This clarification of objectives would not only assist Parliamentarians during the passage of the Bill but may also help to form the basis for a future review.

In addition to clarifying the intention of the legislation, it would be helpful if departments indicated whether the Bill would be appropriate for post-legislative scrutiny and give an idea of the timescale for implementation. At this stage, one of three decisions may be made:

(1). A positive commitment to review: We propose that such a decision would lead to the steps described in avenue 1 which is a pre-planned route to review. (2). A decision that the legislation (or part of it) may well be appropriate for review: However this would be resource-dependent, and therefore there would not be a positive commitment to review made at the legislative stage. This decision may then lead to the steps described in avenue 2, for which a decision to review is taken after the relevant provisions have been brought into force. (3). A decision that that the legislation is not suitable for review. However, if a review unexpectedly became necessary, this could still be accommodated in avenue 2.

A decision about whether a Bill may be appropriate for review should be made by the department prior to the introduction of the Bill but may be modified during the legislative process. Identifying criteria for how this decision is made may lead to inflexibility. Therefore it would be better to consider whether legislation is suitable for review on a case by case basis.

Clarification of objectives

In considering suitable vehicles for the clarification of objectives of the Bill and possible criteria for review, we have identified a number of options:

(a) Purpose clauses on the face of the Bill (b) Explanatory Notes (c) Policy documents, including statements in White Papers (d) Regulatory Impact Assessments (e) Input from scrutiny committees

The primary concern here is the clarification of objectives. Therefore, we do not propose a particular vehicle or combination of vehicles but consider the merits of each in turn and invite consulters’ responses on this point.

(a) Purpose clauses: These are statements which appear on the face of the Bill and contain the general purpose of the legislation. They could be used as a basis for measuring the effectiveness of the measure. However, there are serious limitations to their use. In his evidence to the House of Lords Constitution Committee, First Parliamentary Counsel, Sir Geoffrey Bowman warned of a risk of conflict between the purpose clause and the specific provisions in a Bill, which could lead to uncertainty. This could lead to difficulties in interpretation by the courts. Purpose clauses also provide a temptation to spin. The House of Lords Constitution Committee

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concluded that these objections outweighed the advantage of making clear on the face of the Bill what the Bill was intended to achieve.

(b) Explanatory Notes: The House of Lords Constitution Committee suggested that the Explanatory Notes to a Bill could contain “a clear and developed explanation of the purpose of the Bill, incorporating or accompanied by the criteria by which the Bill, once enacted, can be judged to have met its purpose”. Others think that this would blur the function of Explanatory Notes and could introduce an element of spin into what is intended to be a “neutral account of the Bill”. Explanatory Notes are published not by the Government but by the House authorities and therefore should not contain advocacy. In Queensland all Explanatory Notes to Bills contain a section on policy objectives and another on how those objectives are to be achieved.

(c) Policy documents: In its Response to the House of Lords Constitution Committee Report, the Government was not persuaded that it was appropriate to include criteria in the Explanatory Notes by which the Bill once enacted could be judged to have met its purpose. Rather than rejecting the idea of criteria outright, the Government went on to suggest that a more appropriate place to outline such criteria might be preceding policy documents, or in debates during Parliamentary proceedings on a Bill. During the debate on the Constitution Committee Report on 6 June 2005, Baroness Amos for the Government said: While we do not accept that the Explanatory Notes are the best place to put criteria for evaluating a Bill after implementation, we agree that departments should be clear about the purpose of a Bill and how they will evaluate the effectiveness of legislation once it is enacted.

(d) Regulatory Impact Assessments: Cabinet Office Guidelines already advise that RIAs should contain a section on monitoring and review and suggest ways in which RIAs can be used as the basis for review. The quality of RIAs is regularly scrutinized by the Better Regulation Task Force (which has now become the Better Regulation Commission) and the National Audit Office. In its most recent report on RIAs, the NAO found that from its sample of ten RIAs, six did not give any details of monitoring or evaluation procedures. Despite the current picture, RIAs do provide a good place for the clarification of policy objectives and criteria for monitoring and review, not least because RIAs represent an existing mechanism which could be enhanced to incorporate these considerations more effectively. However, a possible limitation of relying on the RIA process is that RIAs are completed before the Bill is introduced. Due to amendments passed during the legislative process, there may be a significant difference between the Bill as introduced by Government and the Act of Parliament that passes.

(e) Input from scrutiny committees: Committees undertaking pre-legislative scrutiny are well placed to identify in their reports any provisions which they feel should be reviewed in the future. There are already examples of this happening. The Joint Committee on the draft Charities Bill was able to recommend that “the Bill should contain a requirement for the Secretary of State to review and report to Parliament on the impact of the Act no later than five years after Royal Assent and that report should include an assessment of the effect of the legislation on public confidence in charities, the level of charitable donations and the willingness of individuals to volunteer”. This recommendation is now reflected in clause 72 of the Charities Bill. The Scrutiny Unit, which has experience of supporting the work of pre-legislative scrutiny committees, could assist committees with the identification, at the pre-legislative stage, of potential areas for post- enactment review. Other committees may also be able to have a similar input at the legislative stage. For example, the Joint Committee on Human Rights may from time to time identify parts of Bills which it considers should be reviewed post-implementation.

Review criteria

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The formulation of pre-prescribed success criteria may sound attractive; the benchmarks are in place in advance and any reviewing body is provided with instant terms of reference or at least some helpful guidance. However, we are not suggesting that it would always be possible or wise to try to define criteria in terms of narrow “targets”. In some cases it may be possible to put “metrics” around a Bill’s objectives but in many cases it will not. Ultimately, it should be for the reviewing body to consider the legislation in conjunction with any document setting out its objectives and formulate its own benchmarks against which to measure the effects of the legislation. Too much reliance on pre-prescribed criteria could create inflexibility leading to a form of review which risks overlooking consideration of unintended consequences. Furthermore, it may be difficult to adjust the success criteria during the passage of the Bill in order to accommodate amendments which may result in an Act of Parliament very different from the original Bill.

Avenues 1 and 2 are now considered in greater detail.

Avenue 1

Avenue 1 may be broken down into the following steps, which are considered in turn: (1) The commitment to review (2) The departmental review (3) Parliamentary control

(1) The commitment to review

The early consideration for review, which precedes avenue 1, results in a decision that the relevant Bill or part of it should be subject to post-legislative scrutiny. The second step of avenue 1 is therefore the formulation of a positive commitment to review, that is, the legislative or procedural tool that will actually trigger review. There are different triggers for post-legislative scrutiny already in existence and it may be that different triggers are suitable for different types of legislation. We consider three types:

(a) Ministerial undertakings (b) Review clauses (c) Sunset clauses

(a) Ministerial undertakings: Ministers sometimes undertake to conduct a review of legislation. This may be done at the legislative stage. It would be helpful if at Second Reading or at some other appropriate point during the passage of the Bill the Minister were to say whether the Government intends that there shall be post-legislative scrutiny and if so, what it should cover. If they are not satisfied with what is said, it would be open to Members of either House to table amendments during the passage of a Bill which seek to insert a review clause.

(b) Review clauses: A review clause requires the operation of the Act or part of the Act to be reviewed after a specified period of time. During the passage of the Prevention of Terrorism Bill through Parliament in early 2005, there was protracted debate about the need for a review provision or a sunset clause in the legislation. The Government eventually agreed to a review clause. That provision is now section 14 of the Prevention of Terrorism Act 2005:

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14 Reporting and review

(1) As soon as reasonably practicable after the end of every relevant 3 month period, the Secretary of State must:

(a) prepare a report about his exercise of the control order powers during that period; and (b) lay a copy of that report before Parliament.

(2) The Secretary of State must also appoint a person to review the operation of this Act.

(3) As soon as reasonably practicable after the end of:

(a) the period of 9 months beginning with the day on which this Act is passed, and

(b) every 12 month period which ends with the first or a subsequent anniversary of the end of the period mentioned in the preceding paragraph and is a period during the whole or a part of which sections 1 to 9 of this Act were in force, the person so appointed must carry out a review of the operation of this Act during that period.

(4) The person who conducts a review under this section must send the Secretary of State a report on its outcome as soon as reasonably practicable after completing the review.

(5) That report must also contain the opinion of the person making it on:

(a) the implications for the operation of this Act of any proposal made by the Secretary of State for the amendment of the law relating to terrorism; and

(b) the extent (if any) to which the Secretary of State has made use of his power by virtue of section 3(1)(b) to make non-derogating control orders in urgent cases without the permission of the court.

(6) On receiving a report under subsection (4), the Secretary of State must lay a copy of it before Parliament.

(7) The Secretary of State may pay the expenses of a person appointed to carry out a review and may also pay him such allowances as the Secretary of State determines.

A review clause may be a useful tool because it is enshrined in statute and therefore has the force of law. It may simply provide for a general review or specify the particular provisions that should be reviewed, the timescale for review and who should carry it out. However, it has been observed that rather than being a pre-planned provision in a Bill, such clauses are often political compromises, representing the price the Government will pay for getting a Bill through Parliament.

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(c) Sunset clauses: The utility of a sunset clause is to enable an Act or provision to cease to have effect automatically, after a certain period of time, unless something that is specified, e.g. a review, is done in order to keep it in place. Sunset clauses may be used in different ways. One example is the Electronic Communications Act 2000. Part I of that Act concerns the arrangements for registering providers of cryptography support services, such as electronic signature services and confidentiality services. Section 16(4) is the sunset clause which states:

(4) If no order for bringing Part I of this Act into force has been made under subsection (2) by the end of the period of five years beginning with the day on which this Act is passed, that Part shall, by virtue of this subsection, be repealed at the end of that period.

The Cabinet Office Better Regulation Executive guidance on Regulatory Impact Assessments states that, “sunsetting is a way of ensuring that legislation is reviewed, kept up to date, and not left on the statute book after it has served its purpose”. The guidance suggests that sunset clauses are appropriate in the following situations: where the legislation addresses a time- limited problem; where there is scientific uncertainty; where there is uncertainty over the costs and benefits of the legislation; where measures extend the power of the state or reduce civil liberties and where measures are taken in the face of considerable opposition.

Careful thought should be given to the use of sunset clauses. A sunset clause on its own does not necessarily ensure that post-legislative review will take place. It may be the intention that the targeted provisions will simply lapse without any formal Parliamentary consideration. For example, Part I of the Electronic Communications Act 2000 was repealed by operation of subsection 16(4) on 25 May 2005. The Government did not try to prevent the repeal and there was no debate in Parliament. This is partly because Part I was only ever intended to be brought into force if an industry-led, voluntary regime did not work. Other sunset clauses, such as those found in terrorism legislation are intended to provide for a general debate prior to a decision as to whether to renew the targeted provisions.

(2) Departmental review

The next step in avenue 1 is the first stage of the post-legislative scrutiny itself: the departmental review. The proposal for a departmental review takes account of resource constraints on Parliament and also recognizes that departments may have better access to some of the data required for initial review. The Act will have been the department’s project; it will have prepared the legislation which is to be reviewed and will be able to draw upon that knowledge and expertise. The scope of the review will be informed by the factors which arise from the early consideration of the need for review as discussed above. There may also be a role here for central Government. For example, as part of the better regulation agenda, central Government could oversee the process of review by departments and issue guidance as to how it might be carried out most effectively. The Better Regulation Executive already issues guidance to departments on monitoring and review of legislation and this would in effect be an extension of that work.

(3) Parliamentary Control

In order to ensure proper public accountability, it is critical that the review should be subject to some form of Parliamentary control. The Liaison Committee has said: “committees are well- suited to undertaking post-legislative scrutiny, in part because they can be more candid than

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government-led or government sponsored reviews, and more responsive to the views of stakeholders”. The second stage of post-legislative scrutiny should involve consideration of the departmental review by a Parliamentary committee. We consider that the departmental review should be published and formally laid before Parliament.

Effective post-legislative scrutiny will require commitment of time as well as breadth and depth of experience. It is a matter for Parliament what form of committee system would both recognize the existing responsibilities, and constraints on, the departmental select committees and the existing responsibilities of the House of Lords for the scrutiny of legislation, and draw on their skills and resources to best practical effect. It is not for the Law Commission to seek to tell Parliament what would be the best means for achieving this, but the following routes have been suggested:

(a) Departmental Select Committees: The House of Lords Constitution Committee concluded that departmental select committees should be the bodies for considering the effect of legislation by following up an initial departmental review. Departmental select committees may occur too many as the obvious choice for this kind of work. There is a genuine logistical problem resulting in a lack of capacity for undertaking post-legislative scrutiny. It may be that pressure can to some degree be relieved by the committee commissioning further research from an independent body. There may also be potential for the expansion of the Scrutiny Unit in order to assist departmental select committees to carry out post-legislative scrutiny work. Even so, limitations on capacity are bound to remain. Where the departmental select committee decides not to conduct post- legislative scrutiny, there is potential for a House of Lords committee to do so, or there may be a role for a new joint post-legislative scrutiny committee as discussed below.

(b) Joint Committee: A number of those who gave evidence to the House of Lords Constitution Committee for its report, Parliament and the Legislative Process, thought that post-legislative scrutiny should be carried out by a joint committee. This would allow different sets of expertise to be brought in by the House of Lords. A joint post-legislative scrutiny committee could carry out the scrutiny itself or simply act as a filter, directing the work to another committee. One possibility is for the joint committee to have sub committees formed to scrutinize certain Acts as that need arose. Where pre-legislative scrutiny has taken place on a Bill, it is worth considering whether some of the pre- legislative committee membership should have some input, bringing the advantage of familiarity with the purpose and content of the measure by the time of the post enactment review. There may also be scope to assess the utility of the pre - legislative scrutiny, and to identify for future reference any failings in that process.

For example, a post-enactment problem may be identified that could have been prevented if consultation with a particular group had taken place. If a departmental select committee was unable or chose not to follow up a departmental review, a joint committee may be able to pick it up instead.

(c) Lords Committee: There may be scope for a Lords-only committee to conduct post legislative scrutiny work. Post-legislative scrutiny work that will be very detailed or technical and which a departmental select committee does not have the capacity to follow through may be particularly suitable to be carried out by a Lords committee. Whichever Parliamentary committee is judged to be best placed to undertake the second stage of post-legislative scrutiny, by following up the departmental review, there is potential for that committee to draw on independent bodies to assist with the review

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process. There are already examples of academic institutions assisting committee inquiries, (in Scotland, the Justice 1 Committee conducted post-legislative scrutiny in conjunction with the University of Glasgow). Although there is no mechanism in place at present, it could be made possible for the Law Commission to undertake research work at the behest of a committee, particularly if detailed legal analysis were required for a narrow form of post legislative scrutiny. Similarly there may be circumstances in which a committee feels that it is appropriate to invite the National Audit Office to undertake a review.

Avenue 2

Avenue 2 potentially covers two categories of legislation. The first is legislation which was considered appropriate for review at the early consideration stage but for which a positive commitment to review was not made. The second category is legislation that was not considered appropriate for review but for which review unexpectedly becomes necessary. Although we have emphasized the merits of thinking about post-legislative scrutiny at an early stage of the legislative process, it is important that any Parliamentary committee which assumes ultimate responsibility for post-legislative scrutiny should not be railroaded. It must be able to examine what it thinks should be examined, including unintended consequences of legislation. Committees are able to react to troublesome legislation by deciding to undertake a review of it, even if the need for such a review was not anticipated at an early stage. As we have noted, this is how ad hoc post-legislative scrutiny by departmental select committees already takes place. Rather than a prior decision being taken at the legislative stage, a committee itself may decide that a review should be undertaken at any stage. The enhancement on the status quo that avenue 2 would provide is an increase in the number of post-enactment triggers for post- legislative scrutiny. The focus of avenue 2 is therefore post-legislative scrutiny which is not preplanned or built in to the legislation itself although it is informed by the early consideration which underpins both avenues. The key here is flexibility. Avenue 2 allows for adverse unintended and unexpected consequences to be addressed. We consider here possible triggers for avenue 2 scrutiny.

Post-enactment triggers for post-legislative scrutiny

(a) Central Government: In keeping with the Government’s better regulation agenda, there could be a role for central Government to have responsibility for a rolling programme of review. This could involve oversight of legislation after implementation and requesting Departments, where it is deemed appropriate, to undertake review of certain Acts or provisions within Acts. Central Government would itself provide the trigger for the review process, which could then pass through Governmental and Parliamentary stages as described above in avenue 1. (b) Parliamentary committee: As sometimes occurs now, a committee itself may decide to undertake post-legislative scrutiny of an Act or part of an Act. This may or may not be based on a prior departmental review. (c) External bodies: Aside from matters which may come to the attention of Parliament through normal political processes, there may be scope to improve communication by external bodies with Parliament, when those external bodies wish to draw to the attention of Parliament legislation which they consider should be reviewed. For example, it may be that from time to time the Judges’ Council or the Law Commission or a consumer body will wish to bring to the attention of Parliament some particularly troublesome legislation. The advantage of establishing a joint post-legislative scrutiny committee in this context would be that it would provide a channel for considered

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concerns about the operation of legislation to be fed back into Parliament. The joint committee could conduct an initial analysis to see whether there would be any merit in recommending further action, either to be taken by itself or another Parliamentary committee. Similarly, during the course of its work, the National Audit Office sometimes comes across legislation which is unduly complex and may be creating delivery problems.

Part 3. Post-Legislative Scrutiny Outcomes

Under avenue 1 or avenue 2 the Parliamentary committee undertaking the review (whether based on a departmental review or not) would make its final assessment and report, with recommendations, to Parliament. It may be that the committee makes recommendations that the legislation should be amended in some way to address concerns with the effects of implementation. It would also be open to the committee to propose improvements for the operation of the legislation by non-legislative means. If the outcome of the review shows that a legislative change is required, it is worth considering the potential for a fast-track mechanism to allow such changes that are considered to be desirable to improve the legislation, to be acted upon quickly. This links in to some extent with the Cabinet Office proposals for a Bill for better regulation. One of the purposes is to make it easier to remove or amend outdated, unnecessary or over-complicated legislation. The Cabinet Office consultation paper also notes that there are clear links between the role of the Law Commission and better regulation objectives for simplifying and clarifying the law. To this end, the consultation paper proposes that the scope of Regulatory Reform Orders should be broadened to allow them to act as a vehicle to implement uncontroversial Law Commission recommendations. It may be that Regulatory Reform Orders could be used in future to address concerns arising as a result of post-legislative scrutiny, particularly where those concerns arise shortly after implementation.

The exact form of the scrutiny will vary depending on the specific measure that is being reviewed. As discussed earlier, different Acts vary enormously and therefore the design of the scrutiny will have to be tailor-made according to the measure. The reviewing body should have autonomy to decide the form the scrutiny will take but it may be helpful to consider some of the core components required for a comprehensive review.

A narrow form of review might be limited to considering:

• Have all the provisions been brought into force? • Has the legislation given rise to difficulties of interpretation? • Has the legislation had unintended legal consequences?

A broader form of review would address the question whether the Act has delivered what was intended in practical as well as legal terms. This would involve questions such as:

• Have the policy objectives been achieved? • Has the legislation had unintended economic or other consequences? • Has it been over-cumbersome? • Do any steps need to be taken to improve its effectiveness/operation? • Have things changed so that it is no longer needed?

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Most Parliamentarians who have spoken to us mean a review of the broader kind when referring to post-legislative scrutiny. The method of scrutiny adopted by a reviewing body would depend on the intended scope of the review. The Privy Counsellor Review Committee Report on the Anti-Terrorism, Crime and Security Act 200122 provides an example. No formal terms of reference were provided by the Act. The approach of the Committee was to take evidence both from those relying on the Act’s powers, such as police and security services, and those with views on their use, including a range of academics, lawyers and organizations with an interest in the field.23 This demonstrates that one committee can undertake both the broad/political and narrow/legal aspects of post-legislative scrutiny simply by drawing on outside expertise for the different aspects. It may be that a committee has sufficient internal expertise to address the broad, political considerations but will commission an independent legal expert to address the narrow, legal considerations. For each part of the Anti-Terrorism, Crime and Security Act, the Privy Counsellors’ review briefly outlined the background to the provision, including the policy behind the approach taken. The Committee then considered its “usage” – whether the provision had been used and if so, how frequently. The Committee then stated their view on the provision and finally set out their conclusions and recommendations. We acknowledge that the Privy Council is not a Parliamentary body and that it conducted a very wide-ranging and detailed review under conditions of confidentiality that would be difficult to replicate outside the Privy Council. However, the methodology used provides a good example of how a committee can formulate its own criteria to determine the form post-legislative scrutiny will take.

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ANNEX III: SAMPLE SANAP FELLOWS WORK FOR COMMITTEES

Standing Committee on Protection of Human Rights and Public Affairs BRIEF On Recommendations from the Stakeholders for Improved Functioning of Trade Unions

Prepared by: Amalya Voskanyan, SANAP Fellow Date: 10 April 2014

PURPOSE: The purpose of this brief is to explore the legislative framework of trade union activities and identify potential legislative omissions and obstacles, as well as to present results of the interviews with stakeholders (including representatives of trade unions and the Republican Union of Employers (hereinafter “RUE”), non-governmental, research and international organizations and lawyers), discussions in the Working Group and legal analysis of the following issues: • state registration of trade unions • membership to trade unions • cooperation with other organizations • work with vulnerable groups • organization of strikes by trade unions • the right to make legislative proposals • imposing disciplinary liability against the employee by the employer • establishment of Tripartite Social Partnership and a Commission on settlement of Labor disputes (arbitration) • guarantees for the employee’s representative • work done without a Labor contract The brief is based on the Research Paper, prepared by the Committee.

BACKGROUND:

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Paternalistic soviet historical heritage: Trade Unions were granted extensive rights under the Labor Code of the former Soviet Armenia, such as participating in the preparation and implementation of state plans of economic and social development, implementing monitoring and supervision over the observance of labor legislation and labor protection rules, managing social insurance and social services for employees, etc. Paternalistic type trade unions were formed not by workers (from the bottom), as a result of the demand to settle social issues, but by the state (from the top) as an instrument of the ruling party.

Movement to a modern concept: In 2000 the National Assembly adopted the Law on Trade Unions, which started to change the whole concept of soviet type. Although the structure of the trade unions operating in Armenia is pyramidal, with a complicated hierarchy of different levels of unions with the Republican Union of Trade Union Organizations (hereinafter “the CTUA”) at the top, one of the main principles of the activities of trade unions is the voluntary basis of affiliation to trade unions, or so called freedom not to join. For that very reason there are other trade union organizations which are not affiliated to the CTUO or to a territorial or a branch republican union. Under current legislation, trade unions in Armenia have a right to sign collective agreements, to oversee labor conditions, to receive and share information, to file a petition, to hold strikes and other mass events and to participate in the formulation of legislation. However, in practice the trade unions face with a number of problems, which relate mostly to the Labor Code of RA.

MAIN ISSUES, IDENTIFIED BY STAKEHOLDERS: Establishment of trade unions and state registration: Whereas there is no concern/obstacles with respect to procedure for establishment of trade unions, the state registration requires paying a fee of 10.000 AMD, which may be burdensome for newly formed organization.

Involvement in the law-making process, cooperation with the state and social partnership: Cooperation between the trade unions and the State with respect to law-making process is very weak. The trade unions are rather passive in proposing legislative amendments. In most cases where a proposal was presented by the trade union, it has been rejected. Cooperation with international organizations (international trade organizations, ILO, OSCE) is more active, there is some progress in cooperation with NGOs. Mass media are not interested in trade unions, as they are not well aware of their role. Social partnership is formal. There is a Republican Trilateral Commission, including Ministry of Labor and Social Affairs, CTUA and RUE, established under the Government Decree. However, in terms of CTUA and RUE, having only consultative votes, the Government does not organize frequent meetings of the Committee and takes the decisions without discussing those with the mentioned parties. Some respondents noted that social partnership does not function on the sectoral (branch) and territorial levels at all.

Work with vulnerable groups: Except for some legal consultancy to refugees, interviewees were not aware of any trade union activity concerning labor rights of children, women, the

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disabled and national minorities. With respect to gender equality it was mentioned that representation of women is not ensured in the decision making level of trade unions.

Organizing strikes: The trade unions are rather passive in this field. The strikes are more often organized by the employees themselves, where the trade union representative acts to prevent the strike, liaising on the part of employer.

Other concerns with respect to normal functioning of trade unions included dependency on the employers, weak negotiation skills, absence of links between trade unions and their members, lack of confidence and misperception of the role of trade unions by the employees, problems of accountability and transparency of trade unions. Violation of the right of trade union to get information was also mentioned.

The respondents raised other more generic problems as well – the low level of legal conscience among employees, the low rate of membership to trade unions, the necessity of enhancement of the role of trade unions among young people, the tough socio- economic situation of the county, the high rate of unemployment, problems the conclusion of labor contracts, overtime work and wages, shadow economy, as well as the absence of definitions of such concepts as forced labor, minimum wage, salary indices and a number of others. FINDINGS OF THE WORKING GROUP The Working Group formed under the Committee on Protection of Human Rights and Public Affairs had series of discussions on the problems and challenges described above and came up with legislative proposals, in particular relating to the problems arising in working legal relationships, the mechanisms for resolving employee-employer conflicts, the clarification of the order of conducting collective negotiations, the articles referring to collective agreements and other provisions of the law.

1. Contradictions between international conventions and domestic legislation Discussions, research and analysis revealed contradictions between several international documents19, to which Armenia is signatory, and the Labor Code of RA. In particular: - Art. 59(4) and 61(2) of the Labor Code: Automatic termination of the commitments deriving from the collective contract, envisaged in the Code, endangers the protection of employee rights under that contract by trade unions, - Art. 71(1) of the Labor Code: Requirement of 2/3of employees for organization of the strike is too strict and hinders the organization of a strike. Stakeholders suggest replacing it with 50%+1 model. - Art. 77(2) of the Labor Code: Under the law, minimum conditions (services) are determined by the corresponding state and local self-governance entities, whereas parties of social partnership shall be also able to participate in development of the “minimum conditions”. - Constitution of RA and the Law on Trade Unions do not provide opportunity for self- occupied persons, the employees of non-formal sector, as well as those who are

19 ILO Conventions concerning Freedom of Association (C087, ratified in 2006; C098, ratified in 2003), Revised European Social Charter (ratified in 2001) and others

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occupied with free professions, police and army servants, people having a number of other professions to be able to organize associations and join them. Whereas some restrictions of this right can be envisaged for police and army servants, deprivation of the right in general does not comply with international law. - Arts. 2, 11 of the Law on Trade Unions: Current regulation prevents the trade unions from reorganization without giving a reasonable justification. It is necessary to reduce the number of associations at republican, branch and regional levels, since it’s very high. (See more details about the recommendations of the Committee of International Labor Organization Experts on pp.7-9 of the Research Paper). - Art. 119 (2) and 119 (3) of the Labor Code: According to the regulation in the second sentence of 119(2), if the labor inspector fails to reply to the employer with respect to the issue of dismissal of the representative of employees within the defined period, the employer shall be entitled to terminate the employment contract. Such an approach contradicts Art. 1 of ILO Convention 135 on Workers Representatives and deprives the workers’ representative of the chance to use effective protection mechanism. Art. 119(3) has a problem with respect to the principle of judicial independence and protection from undue influence of private interests20, envisaging that the employer shall be entitled to appeal in the court the decision about the refusal of the dismissal of the employee, and the court may recognize such a decision as invalid if the employer proves that this decision substantially violated his interests. 2. Collisions and gaps within the domestic legislation Contradictions between the Labor Code, which has prevailing legal force, and the Law on Trade Unions, have resulted in a situation, where mechanisms of exercising certain rights and functions by Trade Unions do not exist. - Although under the Law on Trade Unions the union discusses the issues of violation of discipline by employees, the Labor Code does not envisage obligation of the employer to involve the trade union in disciplinary proceedings and the procedure for such involvement. As a result, the trade unions do not have any legal leverage to influence on the employer and the employer is not somehow constrained by the opinion of the trade union which in its turn weakens the importance and the role of trade unions. This is not the case in most countries (e.g. Russia, Sweden, Poland, Hungary– see p.11 of the Research Paper for more details) - Labor Code defines the main principles of social partnership, however, the Trilateral Commission (mentioned on p.2 above) is operating based on procedures, lacking clarity on the process of election of Commission Chair. As a result, Government always chairs the committee and takes the decisions, making participation of CTUO and RUE formal. At this, relevant amendments are needed to establish a rotation chairing system of Trilateral Commission by the social partners. - Art. 119(2) of the Labor Code contains an outdated provision, which should be amended to reflect the change in structure of labor inspection21.

20 See United Nations Basic Principles on the Independence of the Judiciary and the Bangalore Principles on Judicial Conduct

21 Under RA Government Decree N 857-N of 25.07.201321, the State hygienic and anti-epidemic inspectorate of the Ministry of Health and the RA State Labour Inspectorate were merged into State Health Inspectorate under the Ministry of Health.

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- There is uncertainty and ambiguity in provisions, regulating deadlines and procedure in Art. 45(4) of the Labor Code and Art. 17(2) of the Law on Trade Unions As mentioned, Armenian legislation regulates, but it does not promote effective functioning of trade unions. The following recommendations will promote the effective functioning of trade unions. - Trade unions are not vested with the right to represent the rights of their members of the court without authorization. Possible mechanism to be envisaged could bedelegating the right to the Supreme Body of the trade union to act in the court on behalf of its members without any Letter of Authorization (only upon the application of the member). Besides, the trade union acts as a party of a collective contract, so it can challenge it in the court. This is the case in a number of countries (e.g. Czech Republic, Australia and Germany). - Armenian legislation does not provide for alternative dispute resolution in labor cases. Although, ADR is encouraged by the international conventions Armenia is signatory to.22 A similar experience, in particular related to the collective contracts, is exercised for example in Russia, Canada, Czech Republic, China and Australia. QUESTIONS AND ISSUES SUBJECT TO FURTHER CLARIFICATION 1. Amendments in the law, deriving out of the aforementioned findings would remove a large part of obstacles of proper functioning of the trade unions in Armenia. However, there are other problems that should further be a subject of comprehensive study and following measures, such as the lack of definition of minimum salary23, salary indices, compensation of persons having occupational diseases and labour injuries, issues related to the weekend and a number of social-economic issues that hamper effective functioning of trade unions. 2. The issue of financial dependence of the trade unions for the employer24 was raised by most stakeholders. Taking into consideration, that the mentioned practice is widely used in many countries, the issue requires further research. 3. Another issue in need of further discussion is introducing mechanisms that would increase transparency and publicity of the activities of the trade unions, which in its turn will contribute to increasing the confidence of the members of trade unions and the society towards the trade unions and consequently to enhancing their role.

CONCLUSION

Summarizing the above-mentioned one can conclude that it is necessary to define in the Labour Code the norms and procedures that ensure safeguards for activities of the trade unions, as in the context of competition of legal norms the provisions defined in the Labour Code prevail. At the same time, it is important to strengthen the implementation of the acting provisions.

22 European Social Charter (Revised) (article 6), ILO Convention 098 on the Right to Organise and Collective Bargaining (article 4).

23 ILO Minimum Wage Fixing convention 131, ratified by the RA in 2005

24 Membership fees paid to Trade unions are charged by the employees while accounting the salary of the employees.

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Standing Committee on Agriculture and Environment

Assessment of effectiveness of subsidizing agricultural loans

30.05.2014

To assess the effectiveness of Agricultural loan subsidies programs the following criteria were selected; 1. Proportionality of allocating subsidized loans among the RA Marzes, 2. Access to subsidized loans for the farmers, 3. Established limits for the loans, 4. Subsidization interest rates, 5. Program impact assessment.

1. Proportionality of allocating subsidized loans in the RA Marzes While using this criterion for assessment of effectiveness, the agricultural product in Marz, the number of farms and the number of rural population was taken into consideration.

Chart 1. Proportionality of allocating subsidized loans in the RA Marzes

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35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00%

Գյուղատնտեսական արտադրանքի տեսակակար կշիռը ՀՀ-ում Գյուղցիական տնտեսությունների տեսակակար կշիռը ՀՀ-ում Գյուղական բնակչության տեսակակար կշիռը ՀՀ-ում Վարկերի տեսակակար կշիռները

(Aragatsotn, Ararat, Armavir, Gegharkunik, Lori, Kotayk, Shirak, Syunik, Vayots Dzor, Tavush) The share of agricultural product in the RA The share of farms in the RA The share of rural population in the RA The share of loans The comparison of the estimated shares shown in the Table25 in Annex 1 reveals that • By the production volume the loans are distributed disproportionally. The share of the loans allocated to Armavir and Syunik Marzes were too big compared to the agricultural product of those Marzes, whereas the subsidized loans allocated to Gegharkunik, Shirak and Tavush Marzes had significantly small share compared to the agricultural product of the respective Marzes. • By farms, the situation is almost similar: Here only Kotayk Marz is added, where the share of the farms significantly exceeds the share of the subsidized loans. • By the number of the rural population the Marzes of Ararat, Lori, Kotayk, Tavush and Shirak are in the most unfavorable position.

Question 1. Does the RA MoA policy of subsidizing agricultural loans take into consideration the proportionality principle of allocating loans? If yes, then what criterion is used to allocate the loan.

25 See Annex 1.

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1. Access to subsidized loans Based on this fact, an attempt was made to asses, if there are other criteria (loan limit, revenue, collateral) or obstacles (for example insufficient resources to subsidize the loan). With this purpose the reports submitted by crediting organizations26 were studies, where the amount of the loans, the estimated (due) subsidy amount for those loans and the subsidy amounts are presented in separate lines. Analyzing the figures one can conclude that: • Most of the crediting organizations do not apply strict criteria, which makes the subsidized loan accessible for the farmers, • Besides, the amounts calculated by the crediting companies based on the allocated loans are significantly lower than the actual amount of subsidy (Chart 2). For example, In Lenughi community of Armavir Marz the size of subsidy per the allocated loan was calculated, which made up 14,001,600.00, (14 mln), but the actual size of the subsidy made up 6,791,555.70 (6.8 mln), meaning that only 42% of the initial estimation was subsidized. In all 2,548,794,189.57 (2.5 bln) was calculated, of which only 1,525,974,620.09 (1.5 bln.) was paid (this means that the Government has funded only 60% of the loans calculated prior to payment). Question 2. What is the reason for significant differences between the estimated and actual amount of subsidies? Chart 2. Estimated and actual subsidies ratio by Marzes

600

Millions 500

400

300

200

100

(Armavir, Ararat, Shirak, Vayots Dzor, Aragatsotn, Lori, Kotayk, Tavush, Syunik, Gegharkunik)

26 See Annex 2.

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1.1. Inconsistencies in the amount of the actual subsidies In response to the Procedure of subsidizing the interests of the loans provided to the agricultural sector approved by the Annex N 3 to the RA Government Decision N349-N, of March 31, 2011, as well as implementation of the Agreements “On subsidizing loan interests to farmers” signed between the Rural Financing Facility Project Implementation Unit and the “ACBA-Credit Agricole Bank” CJSC, “ProCredit Bank” CJSC, “Converse Bank” CJSC and “ArdshinInvestBank” CJSC on May 13, 2011, the mentioned banks shall submit reports on the amount of the loans provided, the number of the borrowers, as well as the actual amount of subsidies. Based on the submitted reports the RFF-PIU shall compile a summarized report for all the banks.

Question 3. According to the templates of the reports approved by the RA Government the amounts specified in the summary document do not correspond to the amounts presented by crediting organizations and exceed the figure foreseen by the RA state budget. The subsidized amount of the loan interests according to 2013 state budget execution data was 634,458.9027 /thousand drams/ (100% performance), according to the summary form it was 807,976,340 /drams/. The same indicator only for ACBA Bank was 1,412,293,139.50 drams, whereas the indicators for all crediting organizations it made up 1,525,974,620.09 drams.

Chart 3. Inconsistencies between the actual amount of the subsidies.

1,525,974,620

807,976,340 634,458,900

2013 բյուջեի կատարողական Ըստ հաշվետվության ամփոփ ձևի Ըստ բանկերի

(2013 budget execution, By to summary form of report, by Banks)

27 Annex 1, Table 12.

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2. Established loan limits The maximum limit for subsidized agricultural loans is AMD 3,000,000. But the studies revealed that the loans given to farmers are significantly lower than the specified amount per borrower. The minimum amount of the loan is given by ACBA Bank, making up AMD 793,992.5. The maximum loans are provided by ProCredit Bank, where the average indicator is AMD 1,864227.8. The weighted average ratio for the same indicator exceeds AMD 820,000.

Table 1. The average loan amount

Weighted ACBA ASHB ProCredit Converse average Average loan amount 793,992.95 1,477,979.46 1,864,227.84 1,622,028.93 819,921.1 Number of loans 60509 114 1827 507

Question 4. Is it not purposeful to reduce the maximum loan limit, which will allow to save some amount as a result of not providing big amount of loans, instead to direct the saved money to small farms, the need for loan resources of which are much lower than the maximum level, as the data show?

3. Subsidization interest rates The estimations show that the share of subsidized loan per one farm in a Marz is AMD 66,220. In 7 Marzes this indicator is lower than average level (see Chart 4); this implies that the subsidization interest rate margin is 4% and 6%. Equal opportunities are not insured for all Marzes. It is also interesting that the communities benefiting 6% subsidy, in general yields the average of 4% subsidized loans with average loan amount per one borrower. Question 5. Is it not purposeful to adopt a more differentiated policy? Question 6. Is the main objective of agricultural loans subsidizing program has a social focus or is it directed to development to farming sector? Chart 4.Deviation in loan amount to one economic entity by Marzes

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100000

80000

60000

40000

20000

-20000

-40000

-60000

(Aragatsotn, Ararat, Armavir, Gegharkunik, Lori, Kotayk, Shirak, Syunik, Vayots Dzor, Tavush) 4. Program impact assessment To assess loan subsidization it is important to also assess the impact of the program, in particular to what extent the number of the agricultural product, the cultivated agricultural lands have increased as a result of subsidization, etc., if the program is focused on development of agriculture. Or what kind of impact has the program had in terms of poverty reduction, if it has a social focus. Question 7. Has any impact assessment been carried out in the process of program implementation? What were the results? For example, in terms of cost-effectiveness, it is interesting to know to what extent the situation would deteriorate, if the program was terminated, or to what extent would the situation improve, if the number of the loans provided, increased?

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ANNEX IV: STAFF RETREAT REPORT

Brief report

Prepared by Support to the Armenian National Assembly Program (SANAP)

May, 2014

Yerevan Within the framework of the USAID│Armenia, Support to the Armenian National Assembly Program

Retreat on improved organizational communication for NA staff Brief report As part of cooperation and discussions with the Chief of Staff of the National Assembly and members of working group SANAP organized retreat for NA staff. The retreat took place on April 4-5, in Tsakhkadzor and was attended by 25 participants. The goal of the retreat was initiate discussion on organizational communication, assess strengths and weakness of the

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processes, and indicate potential opportunities. Participants worked to develop mission of the NA staff as well as suggest the set of values. Group was encouraged to brainstorm ideas to suggest improvements on organizational development, with specific attention to the technical, administrative, soft skills/processes required to achieve parliament mission. By the end of the retreat, participants were introduced with illustrating parliamentary staff strategic plan as an international standard and promote working on further development of Armenian version. SANAP staff assessed the ideas, expressed during the event and provide a cursory outline. Details may be explained at a briefing. 1. Composition of the group.

Composition of the group

Staff of the Speaker and CoS

Specialists

Head of Divisions

Head/Deputy Head of Departments

0 1 2 3 4 5 6 7 8 9

2. Strengths of internal organizational communication

Group was asked to identify the positive sides of communication within various departments of the parliament. Participants were navigated to discuss and answer the questions:

• What works particularly well? • Due to what reasons does it work well? • How long has this been case? Why? • What was your role and input in that it works well?

As a result, the following internal factors were outlined as strengths of internal communication process:

Category Outlined strengths

• Visible, operative, informative, multilingual, secure, up-to-date website Technical equipped with optimized search engine, Intranet • Provision of technical equipment, intercom system, Intranet, access to internet sources

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• Job descriptions and provisions of semi-annual reports Administrative • "Mulberry" staff evaluation system • Division of labor • Motivation mechanisms, including monetary (from July 1st) • Application of disciplinary rules • Long-term career development opportunities • Public servants job security • Certification of the staff • Risk assessment system • Internal audit, as oversight tool and evaluation mechanism

• Professional capacity of the staff Professional • Constructive leadership approach to discuss staff proposals and suggestions • Ongoing, continuous professional development of staff • Provision of accurate and timely information to legislatures, including legal, analytical, general, financial • Coordinated involvement of relevant units to implement tasks, including work with constituents • Operative protocol/logistics services • Provision of media support, timely coverage of parliamentary events, • Scrutiny and provision of expertize to analyze legislation • Supportive services of secretariat and accounting divisions • International relations department staff professionalism • Clear regulated work with public and media

• Regular face-to-face communication, including informal interpersonal Personal and interdepartmental relations and cooperation • Well-established principles and traditions promoting sustainability of staff • Interpersonal connections and links with legislatures • Personal qualities such as honesty, commitment, interpersonal communications • Social-cultural national characteristics

3. Challenges or weaknesses of internal organizational communication

Participants were encouraged to work in group format to assess communicative challenges and weaknesses exist. The following questions were used to guide discussion:

• What does NOT work particularly well? • Due to what reasons does it NOT work well? • How long has this been case? Why?

Group provided the following list of perceive weaknesses of organizational communication:

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Category Outlined weaknesses

• Lack of technical (modern) resources, such as recorder, netbooks (for Technical field trips), hard drives (for archiving) • Unsuitable, uncomfortable localization of several departments • Absence of e-document management system

• Unequal labor distribution Administrative • Lack of personal information on Intranet, such as birthday/anniversaries list • Improper internal Human Resource policy, that neglect personal and physiological characteristics of employees • Unclear definition of job description and responsibilities in public servants position descriptions • Absence of organization chart • Issues of work, business ethics (dress code) • Absence of regular staff meeting • Absence of trade/labor union • Duplication of functions of certain divisions, unclear organizational structure • Lack awareness of internal procedures and as a consequence, tendency to breach • Absence of social services and infrastructure, such as kindergarten, rest house • Insufficient working conditions • Time management, unrealistic, insufficient timing for implementation certain task (such as provision legal expertize) • Lack of motivation towards staff self-improvement • Generic motivation system, absence of objective evaluation criteria

• Lack of interdepartmental collaboration Professional • Assurance of the accessibility and availability of work/tasks, conducted by departments/divisions • Absence of possibility to publicize the result of the work and lack of feedback mechanism • Lack of will • Formal, standard professional trainings, based on unauthentic needs • Inefficient functioning of internal audit, due to lack of human resources • Absence of risk-management division • Absence of procedures to compare and verify information on implemented oversight actions

• Lack of funds to organize experience exchange programs, business Financial trips, trainings for the staff, lack of priority • Lack of financial means to develop proper motivation system

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• Inability and lack of funds to invite experts

4. Opportunities on communications’ improvement

After accomplishment tasks on identifying strengths and weaknesses of internal organizational communication, group was stimulated to pool their individual and shared knowledge and experiences to analyze and list opportunities. Participants were actively brainstorming through the questions: • What additional actions should be done to improve the situation and why? • What changes should be done for an improvement? • Why change is important?

The following set of potential opportunities was developed:

Category Outlined opportunities

• Improvement of e-communication, including creation of internal Technical electronic network sharing, forums, “Mulberry” • Upgrading and modernization of technical equipment

• Regular official and non-official staff gathering to discuss problems, Administrative ideas and propose solutions • Improvement and modification of motivation system based on objective criteria and in according to the semi-annual report • Professional and personal growth based on approved rotation mechanism • Improvement of internal regulations through creation of professional working group, which consist of lawyers, economists, and specialists. It includes updating of organizational structure, clear separation of functions, more detailed positions descriptions, definition of work ethics rules (dress code). It is envisaged that working group will conduct continuous monitoring and present annual reports • Establishment and usage of reporting and risk assessment systems • Workplace flexibility • Establishment of trade/labor union • Advancement of best practices in human resources management (gratitude, contests, fostering employee participation and investment in reforms)

• Increase and realign internal resources based on need assessment, Professional prioritization of tasks, supervisors’ visions and rotation • Learn on international experience and best practices • Active involvement and participation in various international programs and networking • Improvement of internal audit and risk management, involvement of

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professional staff and creation of proper regulations and procedures • Ongoing needs assessment and implementation of needs-based sustainable training system (including, foreign languages, ethics IT, HR, etc.) • Involvement of respectful staff to accompany legislatures during business and study visits • Establish clear and objective criteria for selection of the staff for study and business visits and constant monitoring of the participation process

• Allocation of addition state funds for parliament’s needs Financial

5. Mission statement and values.

Second part of the retreat was devoted to facilitate brainstorm to develop parliamentary staff mission and values. Some general guiding principles about mission statements were provided and participants were guided by the following questions: • What values represent the foundation of the National Assembly? • What are the core values that may assist in reaching the mission? • What values guide your organizational thinking and actions? • While difference in opinion and skills may be beneficial to the success of an organization, what values can unite the NA staff into one umbrella?

The following examples were stated as the mission statement for the staff of National Assembly. • “The mission of the NA staff is to ensure that the Parliament conducts it functions in the areas of finance, legal, information, and technical support.”

• “The mission of the NA staff is to provide professional and technical support and ensure operational efficiency and effective implementation of functions of the NA.”

• “The mission of the NA staff is to ensure daily (regular) performance/functionality of the Parliament.”

• “The mission of the NA staff is to ensure the support efficient and unconstrained implementation of functions vested by the law.”

• “Regardless the changes in ratios of political powers to ensure that the NA implements the functions vested by the Constitution and the Law through high-quality, efficient performance of the NA thus contributing to the increase of the role of the Parliament and public confidence/trust.”

Informational kit included world-wide information on mission statement and set of values of various national parliaments. Group was advised to think about the most important values they would like to consider as the most essential. The following set of values was presented as the most substantial and important:

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• Impartiality, political restrains • Morality • Patriotism • Commitment • Interpersonal communication culture • Professionalism • Honesty • Tolerance • Adherence to principle • Cooperation and collaboration • Confidentiality • Timely and quality performance • Compliance with the code of ethics • Adherence to internal rules and procedures • Willingness to serve the interests of the citizens' welfare • Discipline performance • Human resource-absolute value • Unbiased objectivity • High level of responsibility

6. Key technical, administrative, soft skills/processes required to achieve parliament mission by department.

At the end of the retreat, participants were asked to outline and prioritize key competences which will help to improve technical, administrative and soft skills capacities. The list should serve as a roadmap for further development of NA staff strategic development and capacity plans. Participants were guided by the question: what are the main technical and organizational skills as well as processes which will improve performance to achieve parliament overall mission. The following matrix on parliament staff needs was produced:

Technical skills Organizational Process Organizational Skill Improvements Improvements

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• International best practices, • Equal and effective • Project Management study visits, business trips, labor distribution • Leadership skills exchange programs • Job description and • Management skills • Continuous professional responsibilities • Team Management development, more specialized • Workflow management, • Time Management technical trainings including inter- and • Self-Management • Language skills intradepartmental • Communication skills, • Stronger computer skills, communications including verbal, body including specialized softs, • Distance learning language, international such as Access, Excel, KOHA, • Coordination of task and interpersonal accounting programs and processes communications • Upgrade technical equipment, • Organizational chart • Negotiation skills including network/sharing, and departmental • Problem solving archiving, hard and soft functions • Decision making • Expanded access to • Certification programs • Effective meetings international information • Effective motivation • Writing skills resources, including paid programs • Risk assessment and subscriptions • Performance managements • Interaction with civil society management • Analytical skills • Advanced search capacity • HR management • Strategy development • Database management • Action/work plan • Network creation through development regular meetings with top • Business plan notch experts development

Technical Skills International best practices, study visits, business trips, exchange programs Continuing professional development, more specialized technical trainings Language skills Stronger computer skills, including specialized programs, such as Access, Excel, KOHA, accounting soft Upgrade technical equipment, including network/sharing, archiving, hard and soft Expanded access to international information resources, including paid subscriptions Interaction with civil society Advanced search capacity Database management Network creation through regular meetings with top notch experts

46% 54% 33% 38% 33% 21% 8% 4% 8% 8%

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Organizational Process Improvements Equal and effective labor distribution Job descriptions and responsibilities Workflow management, including inter- and intradepartmental communications Distance learning Coordination of tasks and processes Organizational chart and departmental functions Certification programs Effective motivation programs Performance management HR management Action/work plan development Business plan development 25%

17% 17% 13% 8% 8% 4% 4% 4% 4% 4% 4%

Organizational Skill Improvements Project Management Leadership skills Management skills Team Management Time Management Self-Management Communication skills, including verbal, body language, international and interpersonal communications Negotiation skills Problem solving Decision making Effective meetings Writing skills Risk assessment and managements Analytical skills Strategy development

79% 79% 71% 63% 58% 54% 42%

13% 8% 8% 4% 4% 4% 4% 8%

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7. Evaluation

All the participants responded positively regarding the organization and format of the retreat. The evaluation was done through evaluation forms with overall results mentioned in the tables:

In future I will be able to apply the knowledge gained 9 11 3 Overall the retreat met my expectations 12 12 The retreat was well organized 19 4 Adequate time was provided for the retreat 8 9 3 1 2 The materials/handouts were useful 10 9 3 The trainers were knowledgeable of the subject 17 5 1 The group exercises were effective 13 9 2 The format was interactive 16 7 The topic of discussions was understandable 14 10 The goal of the retreat was clearly indicated 13 10 1

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100%

Strongly Agree Agree Don't know Disagree Strongly Disagree

Twenty-five participants responded to the evaluation questions. Below is the summary of the opinions reflected to questions.

Please list two ideas discussed during the retreat which will be useful for collaboration. • Development of strategic plan for NA staff • Improvement of organizational communications, partnership building, discussions and analysis of the issues to solve existing problems and improve work efficiency • Staff professional development on more specific subject related to the departments' scope • Exchange programs with other parliaments to build network and have greater access to information • Improve communication to promote better and more qualitative discussions with constituents on legal drafts • Improve and develop motivations system

Please list two ideas discussed during the retreat which will not be useful for collaboration. • Job descriptions are specified by the law therefore there is no need for improvement and further development • Adoption and use of best practices should be made only by taking into account Armenian context and current reality

What did you like the most about this event?

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• Interactive format, constructive and focused discussions and debate, open and friendly environment • Personal communications, interactions with SANAP staff and colleagues • Team work, staff professionalism, trainers’ skills and attitude to promote expressions of various opinions • Organization of the retreat, locations, photo gallery

What did not you like the most about this event? • Discussion should be more specific, with specific focus on departmental more practical issues. • Time insufficiency, which result in discussion over the existing problems. It will be useful to allocate more time to hear about professional analysis of current situation and problem solving. • It will be interesting to hear about various procedures existing in developed parliamentary systems. • In several cases discussion will be more effective if providers have more knowledge and understating of organizational context

Participants mentioned that such type of event should be organized regularly and more frequently. They outlined the desire to have more continuous professional development programs, which will be designed for the need of specific department/divisions. Among other suggestions were proposals to organize study visits to other parliaments, conduct training on management skills; organizational development and improved communication between legislators and parliamentary.

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Retreat on improved organizational communication for NA staff Recommendations

Prepared by Support to the Armenian National Assembly Program (SANAP)

May, 2014

Yerevan

Within the framework of the USAID│Armenia, Support to the Armenian National Assembly Program

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Retreat on improved organizational communication for NA staff Recommendations The retreat was quite effective to understand and assess the NA staff improvement needs based on analysis of the NA current organizational strengths and weaknesses, development opportunities and the will for change. In this regard, the following further phases are recommended for improvement cycle are shown in the chart:

PHASE 1 – Retreat to assess current situation and NA staff needs.

PHASE 2 – Organizational skills improvement training sessions based on NA Staff prioritized needs.

PHASE 3 – In-the-field Coaching visits to coach the NA staff on using training skills obtained in practical work, also to consult on the organizational process improvement actions (provision of certain tools will be supportive).

PHASE 4 – Assess changes after coaching and consulting visits by conducting coaching audit and develop further improvement action plan per department.

Back to PHASE 1 – Second Retreat to analyze what has been obtained so far through trainings and coaching, also raise up further improvement needs and new Action Plan. Based on the Retreat findings the highest priority of the organizational skills improvement needs are Project Management (79%) and Communication (79%) skills, also Time Management (71%), Negotiations (63%), Leadership (58%) and Team Management (54%).

(79%) Project Management Training Course key benefits for the NA staff will be that the end of the training they will learn:

- Key actions for starting a project within each NA department; - Management process of the Project Life Cycle (in each phase); - Planning project resources effectively;

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- Identifying Project Stakeholders; - Modern approaches for project control system; - Measurement of a project's progress; - Acceleration of a project's performance.

(79%) Communication Skills Training Course key benefits for the NA staff will be that the end of the training they will learn:

- Communication levels (vertical and horizontal communication); - Types of Communication (One-on-One, Group Meetings, Telephone, Email, etc.) - Interpersonal Communications – verbal and non-verbal communication (words, body language, tone) - Constructive and Destructive Outcomes for Managing Interpersonal Communication; - Understanding Emotions When Communicating; - Active Listening and Empathy; - Communication Styles and Selecting an Appropriate Communications Style.

(71%) Time Management Training Course key benefits for the NA staff will be that the end of the training they will learn:

- Goal and objective setting; - Setting Up a Routine - Work prioritization, planning and time scheduling; - Identification of own time wasters and adopting strategies for eliminating them from work pattern; - Tackling procrastination; - Getting Organized at the workspace and managing the workload: practical techniques for organizing work; - Adopt appropriate strategies for dealing with interruptions. - Planning Actions how to reduce time wasters and contribute more effectively.

(63%) Negotiations Skills Training Course key benefits for the NA staff will be that the end of the training they will learn:

- How conduct benefit analysis for an effective negotiation and to meet both sides’ objectives. - Development of key negotiations skills to operate effectively in group or interpersonal negotiation situations; - Professional model to develop negotiation strategy; - Strategies to positively influence others in negotiation. - Tools, techniques and tactics for use in negotiation situations; - Methods by which negotiations can be planned, conducted and reviewed; - Building confidence and skills to achieve mutually acceptable outcomes. - Closing negotiations effectively and at the right time. - Developing a strategy checklist for use in the planning phase of future negotiations.

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(58%) Leadership Skills Training Course key benefits for the NA staff will be that the end of the training they will learn:

- The Leadership Role, Key Skills and Styles; - Leadership and Communication: Leading staff meetings, seminars, and conferences, presentation skills; - Leadership and Management: Planning, organizing, leading and controlling the manpower; Manager as a Leader; - Leadership and Problem Solving: Problem identification and problem analysis tools, Techniques for developing alternatives and consensus based solutions; - Leadership and Coaching: Staff Internal Coaching for Performance, Leader as a Coach-managing the staff issues; - Leadership and Motivation: Motivation theories and modern approaches (material and non-material motivation tips); Motivation through goal setting; - Leadership and Change Management: Need for change and psychology for resistance of change, Change Needs Analysis and Developing a Change Management Plan; - Leadership and Decision-Making: Common Pitfalls of Decision-Making, Processes and Techniques; - Leadership and Ethics: Ethics and Values; Building Excellence and Emotional Intelligence; Influencing organizational culture.

Team Management (54%) Training Course key benefits for the NA staff will be that the end of the training they will learn:

- Team Diagnosis: Analyzing Team Capabilities, Will and Abilities towards Team Goals, SWOT analysis; - Team Treatment: Building on individual Strengths and improving weaknesses; - Establishing Team Rules and Roles Within Teams; - Leading Teams and Delegation Techniques; - Methods to develop creative and motivated teams; - Teambuilding Tools for Managers.

During the Retreat Group discussions we found out several other skills improvement areas to recommend for the NA Staff, which are:

- Creative Thinking Skills: Thinking out-of-box - Consensus Building Dialogues with Stakeholders - Facilitation and Moderation Skills for Conducting Effective Meetings - Diagnosing Organizational Effectiveness - Competency Based HR Management: Performance Management

Organizational Process Improvement Needs Raised by the NA staff can be implemented through Coaching and Consulting. Also Coaching will be important to coach the NA Staff on practical improvement actions.

The Coaching Audit is recommended to conduct after a month or two of the coaching visits to assess improvement actions and coach on further steps.

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ANNEX V: CSO PROFILE

REPUBLIC OF ARMENIA NATIONAL ASSEMBLY

STANDING COMMITTEE ON------Civil Society Organization Information Profile

1. Organization (CSO)

------2. Address ------3. Phone

------4. E-mail, website

------5. CSO Head (full name)

6. The organization is / please underline /

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o Charity o Non-Governmental Organization o State Non For Profit Organization o Foundation o International Organization o Union of Legal Persons o Other ------

7. The sphere of activity /mission/

------

------8. The activities performed /please underline /

o Care provision o Monitoring and Evaluation o Legal Assistance o Expert Assessment o Awareness Raising o Advocacy o Mother and Child Health o Policy and Legislation Development o Health Education, Training o Hospice Services o Other ------

Note: please mentioned the information you would like to additionally provide to the committee ------

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ANNEX VI: MEDIA CLIPS http://www.parliament.am/news.php?cat_id=2&NewsID=6523&year=2014&month=04&day=04 04.04.2014 Parliamentary Hearings are Held On April 4 the RA NA Standing Committee on Healthcare, Maternity and Childhood jointly with the USAID Support Program to the Armenian National Assembly organized parliamentary hearings on the necessity of the investment of the system Medical Continuous Professional Development (CPD) in the Republic of Armenia in Gyumri Medical Center of Shirak Marz. The NA deputies, representatives of the relevant ministries, municipalities, educational institutions, international and local NGOs, medical

1 / 6 workers of Shirak and Lori Marzes, Chairs of the medical professional associations took part in it.

Welcoming the attendees the Committee Chairman Ara Babloyan has noted that professional education of medical aid and medical staff in the medical sphere, and continuous professionalism are the basis of healthcare system development and are an important precondition and component for the need of healthcare qualitative services. Ara Babloyan has talked about the need of investment of this system in Armenia, and has mentioned that the goal of the CPD process is also to promote the development of this model not only in Yerevan, but also in the Marzes.

Speaking about human resources with high qualification the Head of Shirak Marz Felix Tsolakyan has noted that the CPS will create conditions to improve the professional abilities of the medical staff. Felis Tsolakyan has mentioned that investment of the system is important in the medical workers’ professional development. The Head of the Department of the Human Resources of the Staff of the Healthcare Ministry Samvel Soghomonyan presented the main provisions of the investment programs of the system, talked about the legislative amendments. An independent expert Murad Kirakosyan introduced the CPD European and American models. According to the expert, in 1998 for the first time the CPD term was used in the United Kingdom and in 2001 the European Union of the specialists of the medical sphere adopted the Basel Declaration. Murad Kirakosyan presented in detail the examples of the CPS events used in Europe and in the USA.

The Head of the Health Program of the Armenian National Competitiveness Foundation Gevorg Yaghjyan also introduced the use of the CPD in the European countries, in the

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USA and thoroughly touched upon the Russian model. He referred to the trainings implemented by the organizations and associations, which boost professional development.

The Committee Chairman Ara Babloyan has answered the attendees’ questions, thanked them for the discussion, and once again has stressed the goal of the qualified medical service, which is possible due to professional high knowledge. http://www.parliament.am/news.php?cat_id=2&NewsID=6598&year=2014&month=05&day=15&lang=eng

15.05.2014 Women Deputies Discuss the Demographic Challenges Existing in Armenia On May 15 in the National Assembly a discussion with the cooperation of the UN Population Fund by the USAID Support Program to the Armenian National Assembly. The women representing the NA different factions took part in the meeting and discussed the demographic challenges existing in Armenia.

1 / 1 The interlocutors talked about the important issues, as the aging of population, the disproportion of the newly born children's genders, the high level of the artificial interruptions of pregnancy and gender (family) violence.

The women deputies highlighted the emergency of solving the presented issues at legislative and public level. The deputies discussed their role in the Committees and how they can support the Group in elaborating a joint action plan.

Thanking the participants of the event and expecting continuity of further debates and meetings, the NA Deputy Speaker Hermine Naghdalyan noted: “The sterility, the disproportion of genders and the aging are the problems, which the women deputies should jointly touch upon irrespective of their affiliation.'' http://www.parliament.am/news.php?cat_id=2&NewsID=6565&year=2014&month=05&day=07&lang=eng

07.05.2014 RA NA Speaker Galust Sahakyan Receives the Officers of the USAID Support to RA NA Program

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On May 7 the RA NA Speaker Galust Sahakyan received Sean McNally, the Chief of Party for the USAID Support Program to the RA National Assembly and the officers.

Welcoming the four-year program activity launched in fall of 2012 the NA Speaker Galust Sahakyan deemed important that the effective cooperation

with the parliament would be continuous and expressed readiness to support it. In his word, the 1 / 1 cooperation will reinforce and strengthen the capabilities of the legislative body and would promote the efficiency of the work of the NA Staff.

Thanking for the reception, support and cooperation the Chief of Party Sean McNally has noted that within the framework of the program it is designed to strengthen the representation, oversight and analytical capabilities of the parliament. The Committees and the Staff have been elected for strengthening and support of their capabilities. He also expressed conviction that the program would be continuous and effective.

http://www.parliament.am/news.php?do=view&cat_id=2&day=20&month=05&year=2014&NewsID=6612& lang=eng 20.05.2014 Discussion at the NA Standing Committee on Healthcare, Maternity and Childhood On May 20 at the NA Standing Committee on Healthcare, Maternity and Childhood a working consultation on the theme “Prevalence of and Reasons for Sex-Selective Abortions in Armenia” was held. The RA NA Deputy Speaker Hermine Naghdalyan, the NA deputies, representatives of the UN Population Fund took part in the discussion.

Introducing the theme of the working consultation the Committee Chairman Ara Babloyan noted that

1 / 6 during recent years the artificial interruption had become a frequent phenomenon. In Mr. Babloyan’s word, we should discuss the problem and try to solve the problems also by law. He noted that the RA Ministry of Healthcare was initiating a draft law on that theme.

Garik Hayrapetyan, the Assistant Representative of the UN Population Fund at the UNFPA Office in Yerevan, has noted that the survey initiated by the UN Population

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Fund confirms that during the recent years there has been observed a phenomenon of sex-selective abortion .

The deputies attending the discussion addressed questions to the UNFPA Assistant Representative at the UNFPA Office in Yerevan, which mainly related to the statistics, the percentage correlation of the abortion cases, the problem that the children should get sexual upbringing. They highlighted the right campaigning on the problem, as well as the effective measures by which we should fight harmful phenomenon.

Summing up the discussion the Chairman of the NA Standing Committee on Healthcare, Maternity and Childhood Ara Babloyan thanked the attendees for the concerning discussion. http://www.parliament.am/news.php?cat_id=2&NewsID=6684&year=2014&month=06&day=13&lang=eng

Working Visit of the NA Standing Committee to Maralik On June 13 the NA Standing Committee on Protection of Human Rights and Public Affairs jointly with the USAID Support Program to the RA NA left for Maralik on a working visit. The goal of the visit was to study the conditions of the apartments provided for the orphanage graduates.

The Committee firstly visited Maralik Municipality,

where the Committee Chair Elinar Vardanyan, the Committee member Tigran Stepanyan and the 1 / 2 deputy elected from the Marz Mushegh Petoyan during the talk with the Mayor of Maralik Artak Gevorgyan got informed about the problems regarding housing, employment and everyday conditions of the orphanage graduates. The Mayor and Zorik Khachatryan, the Specialist of the Territorial Department in Shirak Municipality, informed the attendees that 30 apartments had been already provided to the graduates of the RA orphanages by state program. The Mayor has noted that the “Social” block looks improved; it has a social worker and a specialist- doctor. The “Supporting Family” model has been invested in the block, now the idea of establishing a charitable canteen is under debate. The participants touched upon the necessity of teaching crafts and organizing training courses for the orphans.

Then the Committee members visited Maralik “Social” block, where they got acquainted with the problems concerning the graduates. The Committee Chair Elinar Vardanyan has told the graduates that their goal is to study and understand the effectiveness of the housing assistance programme, listen to the residents’ opinions and submit respective proposals to the RA Ministry of Labor and Social Affairs. The orphanage graduates have noted that the housing problem is solved and they are pleased with it,

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nevertheless, they are still in need of the employment, everyday and communal problems to be solved.

The deputies took a tour in the apartments, got acquainted with the building and everyday conditions. They had been in the basement, which was a large territory, and the idea of creating workshops there was discussed, which also might solve the employment problem.

At the end of the visit the Committee Chair Elinar Vardanyan promised them to refer to all the issues and submit the proposals to the Ministry, noting that the problems should be discussed more comprehensively in the parliamentary hearings to be held in autumn. http://www.parliament.am/news.php?do=view&cat_id=2&day=23&month=05&year=2014&NewsID=6628& lang=eng

23.05.2014 Visit of the NA Standing Committee to Dilijan The RA NA Standing Committee on Territorial Management and Local Self-Government jointly with the RA NA Support Program on June 23 organized a visit to Dilijan. The goal of the visit was to discuss the theme on “Community Extension” with the participation of the Heads of Marz communities, the members of the Elders, inhabitants, the representatives of the local organizations and those responsible for the sphere.

1 / 6 The Committee Chairman Stepan Margaryan in his opening word noted that the government had planned to go for community extension. He informed that a few months ago they had visited Latvia and Estonia for studying the experience of community extension.

The Deputy Chairman of the Committee Araik Hovhannisyan has noted that the RA Government has worked out the concept of community extension, and there is a provision on it also in the Government Programme.

The discussion was held in active atmosphere. The speakers talked about the peculiarities of the problem. The Committee members and the expert of the sphere Vahan Movsisyan presented the principles and approaches of community extension programs, answered the attendees’ numerous questions. The representatives of the community thanked the NA Standing Committee for the visit.

Summing up the discussions the Stepan Margaryan thanked for the concerned discussions, noting that the Committee is open and public, is ready to meet with people

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and discuss all the proposals and remarks. He informed those present that the discussion on community extension will also be organized in other Marzes. http://www.parliament.am/news.php?cat_id=2&NewsID=6658&year=2014&month=06&day=05&lang=eng 05.06.2014 Meeting at the NA Standing Committee On June 5 the Chairman of the NA Standing Committee on Territorial and Local Self- Government Stepan Margaryan and the Deputy Chairman Araik Hovhannisyan met with the representatives of the inter-community structures of Tavush Marz.

The Committee Chairman Stepan Margaryan has informed that the meeting is the continuity of the visit paid to Dilijan a few days ago by the

1 / 1 Committee, during which issues concerning the concept of the community enlargement have been discussed. By his recommendation the representatives of the Marz presented the concerns and proposals of the community residents relating to the community enlargement process and the possible risks.

In their speeches Stepan Margaryan and the Deputy Chairman Araik Hovhannisyan have noted that the community enlargement will not be an end in itself, the residents’ opinions and proposals will be taken into consideration. They noted the results expected from this process and expressed willingness to debate the proposals and concerns.

Highlighting such meetings the Committee Chairman urged the representatives of the local self-government to submit proposals on the adequate development of the territories. Araik Hovhannisyan deemed expedient to implement pilot projects in some areas, using regional and bunch models.

The Committee members noted that such debates will also be carried out in other Marzes to find out the residents' attitude and concerns. http://www.parliament.am/news.php?cat_id=2&NewsID=6713&year=2014&month=06&day=25&lang=eng

At the Sitting of the NA Standing Committee on Financial and Budgetary Affairs

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On June 25 the sitting of the NA Standing Committee on Financial and Budgetary Affairs moderated by Gagik Minasyan was held, where issues regarding the cooperation of the Committee and the USAID to the RA NA Support Program were discussed.

Gagik Minasyan has noted that the Committee

interested in the reforms aimed at the rise of parliament’s oversight role towards the 1 / 1 enforcement of laws, studies the best international experience. Mr. Minasyan has applied to Mark Harbers, Chairman of the Committee on Public Expenditures of the Dutch Parliament, with a letter for that purpose, if the Dutch Parliament makes studies towards the reinforcement of the adopted laws, what bodies carry out those studies, etc.

The Committee Chairman has informed that the Committee designs to organize a video conference with the assistance of the RA NA Support Program to get acquainted with the experience of the Dutch Parliament in future. http://www.parliament.am/news.php?do=view&cat_id=2&day=29&month=06&year=2014&NewsID=6725& lang=eng

29.06.2014 At the Visiting Sitting of the NA Standing Committee to Gegharkunik Marz

On June 29 the NA Standing Committee on Agriculture and Environment organized a visiting sitting to Gegharkunik Marz to discuss Lake Sevan problems like the rise of the lake level, preservation of drainage basin, management of water resources, to study on spot and listen to those relevant to the sphere.

Before beginning the sitting the Committee Chairman Martun Grigoryan, the Deputy Committee Chairman Tatchat Vardapetyan, the members Lyova Khachatryan, Vahagn Makhsudyan, Armen Babayan and Vazgen Karakhanyan accompanied by government representatives and the Head of Gegharkunik Marz visited Sevan-Hrazdan Cascade Hydroelectric Power Plant. After studying the territory of the hydroelectric station the deputies went to Sevan National Park office, where the visiting sitting was held.

Lake Sevan problems were discussed at the sitting, in particular, issues concerning additional water intake from the Sevan, fish resources, lake level fluctuations, coastal woodland, etc.. Aramais Grigoryan, Minister of the RA Nature Protection, Yuri Javadyan, Deputy Chairman of the Commission on Lake Sevan issues adjunct to the RA President, Andranik Andreasyan, Head of the State Committee on Water Economy at the Ministry of Territorial Administration, and others delivered speeches on the issue.

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The RA Deputy Minister of Nature Protection Simon Papyan has informed the participants of the sitting that though numerous problems are in place, positive tendencies are noticeable and the results are obvious. For example, the level of the Lake Sevan has increased more than it has been planned.

Highlighting the meetings and debates held in a visiting sitting format, the Chairman of the NA Standing Committee on Agriculture and Environment Martun Grigoryan has noted that it is designed to organize parliamentary hearings in the future to discuss fish- breeding development program in Lake Sevan.

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U.S. Agency for International Development Support to the Armenian National Assembly Program (1 American Avenue, Yerevan 0082, Republic of Armenia) Tel: + 374-10-464-700 Fax: + 374-10-464-728 www.armenia.usaid.gov