TheParliamentarian

Journal of the Parliaments of the Commonwealth 2016 | Volume 97 | Issue Four | Price £14

An Inclusive Commonwealth and Youth Engagement

PLUS Role of Women Trinidad and Political representation Establishing a Political in advancing the Tobago’s role in and activism in the Communication implementation of the Commonwealth Trade Bangladeshi diaspora Strategy for People UN SDGs with Disabilities PAGE 297 PAGE 300 PAGE 304 PAGE 310 Commonwealth Parliamentary Association (CPA) Email: [email protected] | Tel: +44 (0)20 7799 1460 | www.cpahq.org Twitter @CPA_Secretariat | Facebook.com/CPAHQ

Statement of Purpose The Commonwealth Parliamentary Association (CPA) exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance, and implement the enduring values of the Commonwealth.

Calendar of Forthcoming Events Confirmed as of 25 November 2016

2016

December

11 to 17 December 62nd Commonwealth Parliamentary Conference (2016 CPC) Including: • CPA Executive Committee - 12 and 13 December 2016 • CPA General Assembly - 16 December 2016 • 35th Small Branches Conference – including the Election of the Chairperson of the Small Branches - 13 December 2016 • 4th Triennial Commonwealth Women Parliamentarians Conference – including the Election of the Chairperson of the Commonwealth Women Parliamentarians - CWP Steering Committee - 13 December 2016; main CWP Conference - 14 and 15 December 2016 • Society of Clerks-at-the-Table (SOCATT) Meetings - 14 and 15 December 2016 Updates to the 2016 CPC can be found at www.cpahq.org/cpahq/annualconference2016 2017

March

13 March Commonwealth Day 2017 – 2017 theme: A Peace-building Commonwealth

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

Further information can also be found at www.cpahq.org or by emailing [email protected]. CONTENTS: THE PARLIAMENTARIAN 2016: ISSUE FOUR

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The Parliamentarian: VIEWS, FEATURE Journal of the Parliaments of the Commonwealth COMMENT ARTicles Volume 97 & NEWS 2016: Issue Four The Parliamentarian ISSN 0031-2282 Editor’s Note Engaging our Youth Trinidad and Issued and published by Page 276 Youth Engagement at the Tobago’s role in the Secretariat of the Parliament of Western Australia Commonwealth Parliamentary Page 288 Commonwealth Trade Commonwealth Trade Advantage Association (CPA), CPA View from the Page 300 Secretariat, Suite 700, CPA Chairperson Westminster House, Youth Engagement in the Democracy for 7 Millbank, London Commonwealth Millennials Political representation SW1P 3JA, United Kingdom Page 278 Innovative Youth Engagement project in Victoria, Australia and political activism Tel: +44 (0)20 7799 1460 The Bangladeshi diaspora across Page 292 Fax: +44 (0)20 7222 6073 View from the the Commonwealth Email: [email protected] CWP Chairperson Page 304 www.cpahq.org Engagement of youth for future Youth Inclusivity in political leadership The Commonwealth Mr Akbar Khan In search of identity Page 280 A View from India Establishment of the Women’s Secretary-General Page 294 Parliamentary Caucus in the Mr Jeffrey Hyland View from the CPA Khyber Pakhtunkhwa Page 308 Editor, The Parliamentarian Secretary-General Role of the Women’s [email protected] An Inclusive Commonwealth Caucus in advancing and Youth Engagement the implementation Towards establishing Images: CPA and Shutterstock. Page 282 of the UN Sustainable a model Political Front cover image: 8th Communication Commonwealth Youth CPA Photo Gallery Development Goals A View from CWP Africa Parliament: image from Pages 284-287 Strategy for People Legislative Assembly of British Page 297 with Disabilities Columbia, Canada. View from Jamaica Page 310

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PARLIAMENTARY Annual subscription REPORT (four issues) UK: £44 inc. postage. Worldwide: £46 surface post £52 airmail

Parliament and the Parliamentary Price per issue Numbers Report UK: £14 How many Members should a Featuring parliamentary Worldwide: £15 surface post Parliament have? and legislative reports from £16 airmail Page 314 Canada, New Zealand, United Kingdom, Australia Disclaimer Climate Change: How and India Opinions and comments Pages 323-339 expressed in articles and can Parliamentarians reviews published in The effect change in their Parliamentarian are those of jurisdictions? Commonwealth the individual contributors and What is this impact of climate Parliamentary should not be attributed to the change on the policies that Association (CPA) Secretariat of the Association. governments are developing Organisational and how can Parliaments play a Contributors role in this? Structure Thank you to all contributors Page 318 CPA Executive Committee for this issue. and Commonwealth Women Parliamentarians (CWP) Printed in: United Kingdom by Technical Assistance Steering Committee Members, Warners Midlands, PLC; Programme promotes Regional Secretaries and the New Delhi, India by Jainco Art knowledge sharing CPA Secretariat India; and Singapore by Times and professional Page 340 Printers Private Limited. development Report on a visit by a delegation from the Northern Territory of Australia to Niue Page 320

The Parliamentarian | 2016: Issue Four | 275 editor’s note

AN INCLUSIVE COMMONWEALTH AND YOUTH ENGAGEMENT

The Editor’s Note

With approximately 60% of the Commonwealth’s Rt Hon. Rebecca Kadaga MP (Uganda) in her 2 billion population currently under the age of 30, ‘View’ for The Parliamentarian as Chairperson of the the engagement of young people is a key factor in Commonwealth Women Parliamentarians, writes fostering an inclusive Commonwealth. about the engagement of youth for future political For Parliaments to remain relevant they must leadership and cites examples from Uganda and adapt to be more accessible and transparent to around the Commonwealth. all citizens and especially actively engaging young To start the examination of youth engagement people through greater outreach and the use of in Commonwealth Parliaments, we have two digital technology. perspectives from the CPA Australia Region. Hon. The Commonwealth Parliamentary Association Barry House, MLC (Western Australia) looks (CPA) is taking a positive step in this important Jeffrey Hyland, Editor at the innovative projects that the Parliament of work through its outreach and programmes work. The Parliamentarian, Western Australia have introduced to engage Democracy needs energetic and involved young Commonwealth young people in Parliament and Hon. Bruce people taking action and engaging with Parliament Parliamentary Association Atkinson, MLC (Victoria, Australia) outlines a youth and politics. engagement project from his Parliament titled This issue of The Parliamentarian examines the ‘Democracy for Millennials’. 2016 Commonwealth theme of ‘An Inclusive Commonwealth’ and in Mrs. Kothapalli Geetha MP (Lok Sabha, India Union) gives us a particular, youth engagement in our Commonwealth Parliaments. view from India, the most populous nation in the Commonwealth, on The engagement of young people is explored by the Chairperson youth inclusivity in the Commonwealth. of the CPA Executive Committee, Hon. Dr Shirin Sharmin In addition to the main theme of youth engagement in the Chaudhury MP (Bangladesh) who shares the experience of hosting Commonwealth, this issue of The Parliamentarian also looks at a wide her second CPA Roadshow at the Parliament of Bangladesh. The range of current parliamentary and global questions. Secretary-General of the CPA, Mr Akbar Khan also shares his Hon. Angela Thoko Didiza, MP (South Africa), Chairperson of views on youth engagement in the context of the CPA Roadshows, the Commonwealth Women Parliamentarians (CWP) Africa Region the new initiative from the CPA that connects Parliamentarians with shares her address to the KwaZulu-Natal Legislature Women’s young people in schools, colleges and universities and promotes Caucus and Commonwealth Women Parliamentarians (CWP) Group parliamentary democracy and Commonwealth political values. in Durban, South Africa on the topic of the role of the Women’s Caucus in advancing the implementation of the UN Sustainable Development Goals. “With approximately 60% of the Senator Hon. Paula Gopee-Scoon (Trinidad and Tobago) is the Commonwealth’s 2 billion population Minister of Trade and Industry for Trinidad and Tobago and continues our theme from the last issue of The Parliamentarian with an article on currently under the age of 30, the Trinidad and Tobago’s role in Commonwealth Trade. Hon. Tulip Siddiq MP (United Kingdom) writes about the political engagement of young people is a representation and political activism in the Bangladeshi diaspora. key factor in fostering an inclusive Meraj Hamayun Khan MPA (Khyber Pakhtunkhwa, Pakistan) shares her experiences of establishing the Women’s Parliamentary Commonwealth.” Caucus in the Khyber Pakhtunkhwa Provincial Assembly in Pakistan.

276 | The Parliamentarian | 2016: Issue Four Editor’s Note

Young people at a Bermuda school engage with Hon. Randolph Horton, JP, MP, Speaker of the House of Assembly of Bermuda during a CPA Roadshow visit.

Senator Floyd Morris (Jamaica) shares his considerable India, New Zealand, the United Kingdom, and Australia Federal. knowledge of establishing a model political communication The CPA Headquarters Secretariat is gearing up for the 62nd strategy for people with disabilities, using his own experiences as a Commonwealth Parliamentary Conference (2016 CPC) in Parliamentarian and his extensive research in this area. London, United Kingdom from 11 to 17 December 2016. This Mr Tom Duncan (Australian Capital Territory) is the Clerk of the conference will also has a number of additional conferences and Legislative Assembly of the Australian Capital Territory and is the meetings including: CPA Executive Committee; CPA General current Regional Secretary for the CPA Australia Region. He shares Assembly; 35th Small Branches Conference including the Election of a paper initially presented to the 47th Presiding Officers’ and Clerks’ the Chairperson of the Small Branches; 4th Triennial Commonwealth Conference in Tonga in July 2016, on ‘Parliament and the Numbers’ Women Parliamentarians Conference including the Election of the which examines the challenges for parliamentary democracies in Chairperson of the Commonwealth Women Parliamentarians; and their composition. the Society of Clerks-at-the-Table (SOCATT) Meetings. Updates Pradeep Kumar Dubey (Uttar Pradesh, India) is Principal on the 2016 CPC can be found at: www.cpahq.org/cpahq/ Secretary at the Uttar Pradesh Legislative Assembly in India and annualconference2016. Full reports of the 62nd Commonwealth shares his article on Climate Change and how Parliamentarians can Parliamentary Conference (2016 CPC) will appear in The play a role. Parliamentarian in 2017. Marianne Conaty (Northern Territory, Australia) is the Deputy We look forward to hearing your feedback and comments Clerk of the Legislative Assembly of the Northern Territory of on this issue of The Parliamentarian, on the issues of concern to Australia and provides an interesting report on a visit by a delegation Parliamentarians across the Commonwealth and to receive your from the Northern Territory of Australia to the Niue Parliament future contributions in 2017. outlining the outcomes of a Commonwealth Parliamentary Association (CPA) Secretariat Technical Assistance Programme for Jeffrey Hyland the Parliament of Niue. Editor, The Parliamentarian The Parliamentary Report and Third Reading section in this issue [email protected] includes parliamentary and legislative news from Canada Federal,

The Parliamentarian | 2016: Issue Four | 277 view from the CPA chairPERSON

YOUTH ENGAGEMENT IN THE COMMONWEALTH View from the Chairperson of the CPA Executive Committee

CPA Roadshows: CPA Chairperson stresses the need to instil the youth of society with democratic values so that democracy can flourish at CPA Roadshow in Bangladesh

The Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury, MP, Speaker of the Parliament of Bangladesh has stressed the need to instil the youth of society with democratic values so that democracy can flourish and people can benefit from a democratic system of government. The Chairperson was speaking as the chief guest at the CPA Roadshow on Parliamentary Democracy held at the North Plaza of the Bangladesh Parliament.

The Chairperson said that among the more than 2 billion population of the Commonwealth, 60% are young people under the age of 30 and if the potential of these young people can be fully utilised the world can become a better place for future generations.

The Chairperson said that the countries of the Commonwealth have lots of things in common and share similar values among themselves. She also briefed the young people attending the CPA Roadshow on the workings of the Bangladesh Parliament and the Democratic System of Government.

The Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury, MP also spoke about the Commonwealth Parliamentary Association (CPA) and the activities carried out by the parliamentary organisation throughout the Commonwealth.

278 | The Parliamentarian | 2016: Issue Four VIEW FROM THE CPA CHAIRPERSON

More than 120 students, both boys and girls, from four renowned colleges of Dhaka - Holy Cross College, Sahid Bir Uttam Anwar Girls College, Adamjee Cantonment School and College and Notre Dame College - participated in the CPA Roadshow event.

The young people at the CPA Roadshow were also addressed by Dr Dipu Moni, MP, former Foreign Minister of Bangladesh and now the Hon. Chair of the Parliamentary Standing Committee on the Ministry of Foreign Affairs and Bangladesh Member of Parliament, Mr. Pankaj Nath, MP. Members of the CPA Bangladesh Branch - Mr. Md. Mahbub Ali, MP; Ms Sagufta Yasmin, MP; Ms Mahbub Ara Begum Gini, MP; and Adv. Umme Kulsum Smrity, MP also attended the CPA Roadshow.

A lively interactive session followed the discussion meeting where the students raised questions on different issues which were answered by the Speaker of the Bangladesh Parliament and other Members of Parliament. The students were then taken for a tour of the Parliament of Bangladesh to conclude their visit.

This is the second CPA Roadshow hosted by the CPA Bangladesh Branch. The CPA Roadshows were launched by the CPA Chairperson, Hon. Dr Shirin Sharmin Chaudhury, MP in Bangladesh in March 2016 and since then CPA Roadshows have been held with schools, colleges and universities across the CPA Regions in the Commonwealth.

The CPA Roadshows provide an opportunity for young people to learn about the political values of the Commonwealth such as diversity, development and parliamentary democracy; to discuss issues of concern about the society in which they live; and to meet local Members of Parliament and Parliamentary staff and to find out about the work of the CPA.

The CPA Roadshows aim to engage with young people and education establishments to promote parliamentary democracy and participation in political life.

The Parliamentarian | 2016: Issue Four | 279 VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON Engagement of youth for future political leadership

View from the Commonwealth Women Parliamentarians (CWP) Chairperson

Dear readers of The Parliamentarian, Benefits of engaging youth in political I am really excited by yet another opportunity leadership to share with you. I was sure that my contribution Meaningful democracy requires the meaningful in the last issue would be my last one but yet participation of youth. Young people have much again I have been given the honour to contribute to offer societies – from innovation to creativity another article. I am humbled by the Editorial team to new thinking. Their participation in democracy and of course, our readers for this opportunity. promotes active citizenship, strengthens social This time around, I have chosen to discuss the responsibility and can enhance democratic processes critical issue of the engagement of youth for and institutions. And today’s young citizens are future political leadership. I have purposely tomorrow’s leaders and decision-makers. picked this topic among the various other options By allowing the youth to voice their opinion, we presented to me because I believe that the youth Rt Hon. Rebecca Kadaga, MP could be opening and moving the political world are the bedrock of building strong democracies. Chairperson of the forward. This is not only good for society, but The youth are traditionally active politically in Commonwealth Women necessary for society. If the young did not engage universities worldwide but very often disillusioned Parliamentarians (CWP) and with politics, even if it is through pressure groups, with political leadership and political institutions Speaker of the Parliament of there would be many issues with our political and excluded from policy development. As a Uganda establishments in trying to keep policy fair and result, political activism of youth is not organised sustainable for future generations. For example, according to formal groupings. equal rights for women required many young women to engage with Opportunities for youth to engage in governance and participate the issue at hand. Why? Because they had strong feelings for the in political and decision-making processes depend largely on the issues at hand; and that is something that countries should work to political, socio-economic and cultural contexts where social norms increase – interest and opinion on political matters. in many parts of the world result in multiple forms of discrimination against young women. Both formal and informal engagement can be Way forward understood as political participation, and both are beneficial for a vivid Going forward, we need to ensure that the support for the political and resilient democracy and should be supported. participation of young people should extend across the electoral There is strong evidence that the participation of young people cycle. Capacity development for young candidates, for example, has in formal, institutional political processes is relatively low when proven to be more effective as a continuous effort than as a one-off compared to older citizens across the globe. This challenges event three months before an election. Young people who participate the representativeness of the political system and leads to the actively in their community from early on are more likely to become disenfranchisement of young people. engaged citizens and voters. Young people between the ages of 15 and 25 constitute a fifth Another core principle is that youth political participation needs to of the world’s population. While they are often involved in informal, be meaningful and effective, going beyond token gestures. Capacity politically relevant processes, such as activism or civic engagement, development is an integral measure, and while building individual they are not formally represented in national political institutions such capacities is key, the capacities of organisations and the degree as parliaments and many of them do not participate in elections. This to which an environment enables individuals and institutions to can impact on the quality of democratic governance. I am happy to participate in political processes can also be factored in. note that the international community has recognized the importance of youth participating in political systems, including through several Enabling Legal Framework international conventions and UN resolutions. An enabling youth-friendly legal framework is crucial in enabling In line with these commitments, I think it is important that we should youth political participation. In one-third of countries, laws stipulate view youth as a positive force for transformative social change, and we an eligibility age to run for parliament at 25 years or higher, creating a must therefore aim to help enhance youth political participation. gap between the legal age of majority and/or voting age, on the one

280 | The Parliamentarian | 2016: Issue Four VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON hand, and the age at which an individual can serve in elected office. Since national governments and parliaments can review the legal framework, they can consider: 1. Aligning the minimum voting age and the minimum age of eligibility to run for office; 2. Introducing youth and women’s quotas in electoral laws; and 3. Identifying and addressing context-specific legal barriers to youth participation, such as to facilitate the registration of youth-led organisations. Pre-Electoral Period Civil society organisations (CSOs) and political parties could: The pre-electoral period is crucial for encouraging and supporting 1. Review and discuss the legal framework for youth participation; youth to participate in elections. The civic engagement of youth and 2. Consider proposals for a youth-friendly legal framework; and youth-friendly political parties are important building blocks, given 3. Campaign for changes. that education for active citizenship is most effective if students not only read about it in textbooks, but also try it out themselves. In my country Uganda, there is an affable legal framework for the Youth-led CSOs and their networks can be important means of engagement of youth in leadership. Article 59(1) provides that every participation for many young people across the globe. Depending Ugandan of 18 years of age or above has the right to vote. Article on the contextual factors, they can have a positive impact on their 78(1) (c) provides also for youth representation in the Parliament. communities and create spaces for participation. The youth in Uganda have enjoyed representation to the Parliament ever since the enactment of the constitution. The case for youth Engagement with Political Parties political inclusion has been has stipulated in: The African Youth In many countries, the relationship between youth and political parties Charter (2006); the 1995 Constitution of Uganda; the Uganda is strained. To break a cycle of skepticism and mistrust, youth can National Youth Council Act (1993); National Development Plan develop the skills and motivation to successfully interact with political Uganda Vision 2040; and the 2011 – 16 Youth manifesto. parties. At the same time, political parties could be encouraged to create space for them by removing barriers to youth involvement. In some contexts, youth wings of political parties have played a central Key facts about Youth and Leadership: role, by providing a powerbase for young members, retaining and grooming them, and reaching out to young voters. • In the area of political participation, in a third of countries, eligibility for national parliament starts at 25 years old or During the Electoral Period older. Across the globe, youth tend to participate in elections less than older citizens. Bringing more youth to the ballot boxes requires • 1.65% of Parliamentarians around the world are in their specific measures and an overall environment empowering youth 20s and 11.87 % are in their 30s. to participate in civic life. As part of an electoral cycle strategy, it is important to engage youth in the immediate electoral process to • The average age of Parliamentarians globally is 53 years participate actively in the democratic life of their countries. old (50 years old for women Parliamentarians) Dear readers, there is so much to write about what we can do collectively to put the youth on the proper path for future political • Young people between the ages of 15 and 25 constitute leadership but most importantly the message is that we should let a fifth of the world’s population. them begin now! I wish you happy reading.

Source: un.org/esa

The Parliamentarian | 2016: Issue Four | 281 VIEW FROM THE CPA SECRETARY-GENERAL

AN INCLUSIVE COMMONWEALTH AND YOUTH ENGAGEMENT

View from the 7th Secretary-General of the Commonwealth Parliamentary Association

The Commonwealth theme for 2016 of ‘An Inclusive people is a key factor in fostering an inclusive Commonwealth’ has celebrated the diversity of the Commonwealth. Commonwealth, which is made up of more than two Parliaments must adapt to be more accessible billion people and 30% of the world’s population. This and transparent to all citizens including actively year has seen many different events that rejoice in the engaging young people through greater outreach and fact that every person is different and everyone has the use of digital technology. The Commonwealth something unique to offer. Parliamentary Association (CPA) is taking forward The Commonwealth Charter asserts that everyone this invaluable work because democracy demands is equal and deserves to be treated fairly, whether active and involved citizens of all ages taking action to they are rich or poor, without regard to their race, age, make societies a better place. gender, belief or other identity. With this in mind, the CPA Secretariat launched “Affirming that the special strength of the Mr Akbar Khan the CPA Roadshows in 2016 as a key initiative to Commonwealth lies in the combination of our diversity Secretary-General of strengthen its outreach to the Commonwealth’s and our shared inheritance in language, culture and the the Commonwealth young people. The goal of the CPA Roadshow rule of law; and bound together by shared history and Parliamentary Association is to increase awareness of the important work tradition; by respect for all states and peoples; by shared done by the CPA in promoting parliamentary values and principles and by concern for the vulnerable.” democracy across the Commonwealth and to (Commonwealth Charter 2013). connect Parliamentarians with young people in schools, colleges and Former Commonwealth Secretary-General Kamalesh Sharma universities to inspire young leaders today and the next generation of said: “An Inclusive Commonwealth refers to the values of tolerance, young leaders of tomorrow, and to promote parliamentary democracy respect and understanding, as well as equity and fairness, set out in the and Commonwealth political values. Commonwealth Charter, and the richness of the Commonwealth as a This is a hugely important endeavour. As the CPA completes its family of nations in which each member state is valued equally and has 105th year, it is proud to have initiated and led on this project. The CPA an equal voice. In changing times, the need for the Commonwealth to Roadshows were successfully launched by the Hon. Chairperson of act as an inclusive network for mutual support, development and growth of opportunity and rights for all is as great as ever.” Below: The CPA Secretary-General, Mr Akbar Khan speaks to With approximately 60% of the Commonwealth’s 2 billion young people about the Commonwealth and the CPA as part of population currently under the age of 30, the engagement of young the CPA Roadshows visit to Bermuda.

“Affirming that the special strength of the Commonwealth lies in the combination of our diversity and our shared inheritance in language, culture and the rule of law; and bound together by shared history and tradition; by respect for all states and peoples; by shared values and principles and by concern for the vulnerable.” - Commonwealth Charter 2013.

282 | The Parliamentarian | 2016: Issue Four VIEW FROM THE CPA SECRETARY-GENERAL

CPA Roadshows: A Young View from Bermuda

Eric Englebrecht, aged 14 years old, took part in a CPA Roadshow event for young people in Bermuda and has also participated in the Bermuda Youth Parliament. He gave this account of his experience:

I just moved to Bermuda a bit more than a month ago and had the great honor to take part in the youth’s parliament in Bermuda. I think it’s a great opportunity for young children to take part in activities like this, because they can learn a lot how the democratic system works and how it is being a politician and what a politician really does. In the first session we talked about the Commonwealth. The Commonwealth is as an international political organization, but Above: 14 year old, Eric Englebrecht (pictured front centre) it’s more like a family. and other participants in the Bermuda Youth Parliament are pictured meeting the CPA Secretary-General, Mr Akbar In the Commonwealth, there are nations all over the world, different Khan and Hon. Randolph Horton, JP, MP, Speaker of the races, different religions, different cultures. This is great when it House of Assembly of Bermuda, during a CPA Roadshow comes to problem solving as every nation has a really different past visit to Bermuda. so they think in a different way and have a different approach, but they hold the values of the Commonwealth which are international peace, gender equality and human rights, so every nation can be a part of the solution and help the country in need to solve their problem in the best way possible.

The Commonwealth helps to develop healthcare and education and what is really important in our society to form a better world. It is also important to outline that one of the major goals of the Commonwealth is a well-functioning democracy where the smallest county, religion and race can get the same amount of attention as the bigger ones. I do hope as young and encouraged students, we can be also beneficial to the organisation.

the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury MP, work harder to capture the energy, imagination and views of young Speaker of the Parliament of Bangladesh in Bangladesh on 2 March people about political issues of importance to them; and, to channel 2016 to great enthusiasm from the 150 student participants from five their political interests within the political process. different schools and colleges in Dhaka. Young people need to hear from politicians that they share their The Chairperson of the CPA Executive Committee, Hon. Dr Shirin interests and concerns about key issues, for example, employment, Sharmin Chaudhury MP said: “I am delighted to launch the CPA climate change, equality, education, and, affordable housing that Roadshows on behalf of the CPA. Young people are the future of the affect them and future generations; and by doing so for politicians to Commonwealth and the CPA is working to give young people a platform to demonstrate they are concerned with young people’s views. raise a range of issues that impact their lives. The CPA has a unique network In this way, we will move forward to achieve the goals of an inclusive of Parliamentarians from over 180 Commonwealth Parliaments and the Commonwealth for future generations and create a more dynamic and CPA Roadshows will engage young people in democracy.” vibrant democracy for all. To date, there have been 29 CPA Roadshows which have been I hope that you read with interest the examples of youth held in the following CPA Branches: Bangladesh, Montserrat, Guyana, engagement programmes from Commonwealth Parliaments in this Pakistan, Jersey, Mauritius, Queensland, Guernsey, United Kingdom, issue of The Parliamentarian. New Zealand, Tonga, Northern Ireland, Bermuda and Zambia - six of the CPA’s nine regions with more CPA Roadshows planned in other 62nd Commonwealth Parliamentary Conference regions in 2017. I look forward to meeting with CPA Members and delegates at the 62nd The CPA Roadshows have reached nearly 8,000 young people who Commonwealth Parliamentary Conference, which will be hosted by the have heard about the Commonwealth’s 3Ds – Diversity, Development CPA Headquarters Secretariat in London, United Kingdom from 11 to and Democracy – the work of the CPA and importantly, engaged with 17 December 2016. their local Parliamentarians who have attended many CPA Roadshows. My take-away from speaking to Commonwealth youth of various ages, Mr Akbar Khan during the CPA Roadshows and other CPA youth programmes, is that far 7th Secretary-General from being disinterested and disengaged in politics as is often portrayed, Commonwealth Parliamentary Association (CPA) young people are increasingly active on political issues relevant to their lives. This evolving picture speaks to the need for Parliamentarians and Parliaments to depart from a ‘status quo’ approach to politics and to

The Parliamentarian | 2016: Issue Four | 283 The Commonwealth Parliamentary Association (CPA) Photo Gallery

Left: A joint study group of partners in parliamentary strengthening was convened by the CPA Secretariat to review the Commonwealth Parliamentary Association’s Benchmarks for Democratic Legislatures in light of the aspirations set out in Goal 16 of the Sustainable Development Goals (SDGs). The study group included the Westminster Foundation for Democracy (WFD); National Democratic Institute (NDI); United Nations Development Programme (UNDP); World Bank Group (WBG); Organisation for Economic Cooperation and Development (OECD).

Right: CPA Secretary-General Mr Akbar Khan met with Dr Denzil Douglas, Leader of the Opposition in St Kitts and Nevis who held discussions about the work of the CPA at the CPA Secretariat Headquarters in London, UK.

Left and below left: Newly elected Parliamentarians to the 12th National Assembly of Zambia have attended the CPA Post-Election Seminar, which has taken place in Lusaka, Zambia from 12 to 14 November 2016, hosted by the CPA Zambia Branch. Members of Parliament were elected at the most recent Zambian elections held on 11 August 2016. The CPA Post-Election Seminar was opened by Rt Hon. Justice Dr Patrick Matibini, SC, MCIArb, MP, Speaker of the National Assembly of Zambia and the Secretary-General of the CPA, Mr Akbar Khan. While visiting Zambia to attend the CPA Post-Election Seminar, the Secretary-General also delivered a CPA Roadshow at NIPA College in Lusaka. The CPA Roadshow presented to a large group of nearly 500 students.

Below left: Parliamentarians from across the Caribbean, Americas and Atlantic (CAA) Region, who are engaged in scrutinising financial budgets and legislation through Public Accounts Committees, have participated in the 2016 meeting of the Caribbean Network of Public Accounts Committees (CarNPAC), hosted by the Parliament of Jamaica from 24 to 25 October 2016 and convened by the Commonwealth Parliamentary Association (CPA) and World Bank Group. The meeting was opened by Hon. Pearnel Charles, CD, MP, JP, Speaker of the Parliament of Jamaica.

284 | The Parliamentarian | 2016: Issue Four Right: Newly elected deputies from the States of Guernsey and CPA Guernsey Branch meet the Secretary-General of the Commonwealth Parliamentary Association, Mr Akbar Khan and CPA Secretariat staff at the CPA Secretariat during a visit to London, United Kingdom.

Centre right: The Secretary-General of the Commonwealth Parliamentary Association (CPA), Mr Akbar Khan attended the 135th Inter-Parliamentary Union (IPU) Assembly together with Speakers and Members of Parliament from across the Commonwealth and beyond. The CPA Secretary-General met with his counterpart Mr Martin Chungong, IPU Secretary- General for a bilateral discussion around areas of common concern and interest to both organisations, such as CPA work around the Benchmarks for Democratic Legislatures in line with SDG16 and the IPU’s work around the Sustainable Below: Parliamentarians from Development Goals. across the Caribbean, Americas and Atlantic Region have come together for the Regional Trade Workshop convened by the Commonwealth Parliamentary Association (CPA) and the World Trade Organisation (WTO) from 22 to 24 November 2016 in Port of Spain, Trinidad and Tobago. The Workshop was opened by Hon. Bridgid Annisette-George MP, Speaker of the House of Representatives of Trinidad and Tobago; Hon. Shirley Osborne MLA, Speaker of the Montserrat Legislative Assembly and Vice Chairperson of the Commonwealth Parliamentary Association (CPA); and Mr Bernard Kuiten, Head of External Relations of the World Trade Organisation (WTO). The keynote address was given by Senator Hon. Paula Gopee-Scoon, Trade Minister of Trinidad and Tobago.

Right: Members of the Khyber Pakhtunkhwa Assembly under the leadership of Sultan Muhammad Khan MPA, Chairman, Standing Committee on Law, Parliamentary Affairs & Human Rights visited the Commonwealth Parliamentary Association (CPA) Secretariat on 5 October where they met with Ms Meenakshi Dhar, Director of Programmes and Mr Joe Omorodion, Director of Finance & Administration during their visit to London, United Kingdom and heard about the work of the CPA.

Opposite page below right: The Commonwealth Parliamentary Association Secretary-General, Mr Akbar Khan presented the work of the CPA in Commonwealth Parliaments at the Induction Programme for Commonwealth Diplomats at the Commonwealth Secretariat.

The Parliamentarian | 2016: Issue Four | 285 The Commonwealth Parliamentary Association (CPA) Photo Gallery

Left and above: The Commonwealth Parliamentary Association (CPA) Secretariat has launched its CPA Regional Hot Topics Forums to provide an opportunity for the CPA Membership and the wider community to engage with experts on a particular topic which is of specific regional relevance. The first CPA Regional Hot Topics Forum was held in the CPA Asia Region on the subject of ‘Democracies in Transition and the challenges they face.’ The CPA Asia Regional Hot Topic Forum was held from 24 to 25 November 2016 hosted by the Senate of the Parliament of Pakistan and the CPA Pakistan Branch, and it was opened Left While in Pakistan, the by Hon. Mian Raza Rabbani, Chairman of CPA Secretary-General the Senate of Pakistan. Mr Akbar Khan met the Deputy Speaker Dr. Meher Below: Parliamentarians from across Taj Roghani, Provincial the Pacific Region, who are engaged Assembly of Khyber in scrutinising financial budgets and Pakhtunkhwa in Pakistan legislation through Public Accounts & CPA Focal Person Mr Committees, have participated in the Khan to discuss the CPA 2016 meeting of the Pacific Network of Technical Assistance Public Accounts Committees (PaNPAC), Programme. hosted by the Parliament of Solomon Islands from 7-9 November 2016. The delegate countries attending the meeting Below left: Mr Asad Qaiser, include: Cook Islands, Nauru, Tuvalu, Speaker of the Provincial Tonga, Fiji, Samoa, and the Solomon Assembly of Khyber Islands. The meeting was opened by Pakhtunkhwa, Pakistan Mr Clezy Rore, Clerk to the National met with Mr Akbar Khan, Parliament of Solomon Islands, on behalf CPA Secretary-General at of the Commonwealth Parliamentary the CPA Secretariat. Association (CPA).

286 | The Parliamentarian | 2016: Issue Four Above right and above: The 8th Commonwealth Youth Parliament has taken plave in British Columbia, Canada, hosted by the Legislative Assembly of British Columbia. In a colourful opening ceremony in the Legislative Chamber at the Parliament Buildings in Victoria, over 60 young participants representing CPA Branches in eight of the nine CPA Regions – Africa; Asia; Australia; British Islands and Mediterranean; Caribbean, Americas and Atlantic; Canada; India; Pacific – came together for the start of a week long programme of events. The 8th Commonwealth Youth Parliament (CYP8) was opened by Mr. Akbar Khan, Secretary-General of the Commonwealth Parliamentary Association and saw addresses by the Speaker of the Legislative Assembly of British Columbia and the Clerk of the Legislative Assembly of British Columbia.

Above right, below right and below: The CPA Secretary-General Mr Akbar Khan has visited the Bermuda Branch of the CPA and highlighted youth participation in the Overseas Territories. The Secretary-General accompanied on his visit to Bermuda by Hon. K. H. Randolph Horton, JP, MP, Speaker of the House of Assembly of Bermuda. The CPA Secretary-General visited five schools and colleges in Bermuda as part of the CPA Roadshows tour of the Commonwealth schools and universities. The CPA Secretary-General also visited the Bermuda Youth Parliament to meet participants and hear about their projects.

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ENGAGING OUR YOUTH

Introduction of information, ideas and views, being fragmented or duplicated, According to the theory of between them, requiring both with activities delivered Responsible Government, listening and interaction on the by different parts of the parliaments are required to be part of both the institution and organisation without sufficient ethical in decision-making and the citizen.”2 coordination or whole-of- responsive to public opinion, Recognising young people Parliament strategic objectives while ensuring equality of as a significant and unique in mind. However, this risk has opportunity by precluding sub-group of the community been minimised through the discrimination and meeting is essential in order to develop development of a clear vision for appropriate service standards. effective public programmes community engagement, which Hon. Barry House, As such, the Parliament and which not only contribute includes well-defined pathways MLC has served its practices should not only to the development of a and the capacity and resources be structured to ensure that politically aware youth culture, necessary to execute that vision. as President of the the liberties and scrutiny but increase the connection Having recognised the need Legislative Council of of democratic government between the Parliament and its to better facilitate the relationship Western Australia since are well embedded, but also people. Such engagement has between the Parliament and 2009. Previously, he provide opportunities for public formed a particular focus for the the public, including young participation and engagement. Parliament of Western Australia, people specifically, this vision served on a number In Western Australia, there is with a range of activities and included the transfer of the of parliamentary a further implied constitutional opportunities developed to Parliamentary Education committees and has requirement for the Parliament encourage young people to Office from the Legislative held numerous roles to engage with its community, participate in, and gain a greater Assembly to Parliamentary stemming from its obligation understanding of, the political Services, under a whole of both in Government and to make laws for ‘peace, order and parliamentary process. Parliament management Opposition. Elected at a and good government’.1 As a committee. The Parliament also by-election in 1987, he is significant sub-group of the Community Engagement established a project position now the longest serving community, youth specific Strategy of Manager Community and engagement forms a vitally A clear strategy for youth Civic Engagement, tasked current Parliamentarian. important aspect of our engagement is essential in with undertaking consultation He holds a B.Econ Parliament’s public outreach. order to promote parliamentary to inform the development of and prior to entering In 2011, a case study participation to young people in a Community Engagement Parliament was a teacher. into Parliaments and Public a cohesive and effective manner. Strategy, communication plan Engagement by The Hansard The Parliament of Western and other related documentation Hon. Barry House is a Society employed a definition Australia provides an excellent to increase public accessibility to long-time supporter of of community engagement case study in this regard, as information about the Parliament the CPA and served as in its broadest sense, which over the past four years the and people’s democratic rights, an Australian Regional can be easily applied to the Parliament has significantly duties and opportunities for engagement of young people changed the way it engages with participation. Furthermore, the Representative (2011-14) specifically: the community and with young Parliamentary Education Office and has contributed to “It is the range of activities people specifically. was also restructured in order numerous CPA events, whose primary function is As a bicameral parliament to ensure a greater focus on conferences, seminars to raise awareness of the in the Westminster tradition, improving Parliament’s branding Parliament amongst the public there was an inherent risk of our and communication, including the and publications. and to facilitate a two-way flow community engagement work terminology and language used.

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Parliament House in Perth, Western Australia.

This considered and procedures and processes have proven highly effective at development of policy coordinated approach to • modernise our processes engaging young people, and and legislation (reports community engagement, to ensure they are which target the full spectrum of that are passed by the particularly in the context of more accessible to the age, social and cultural groups University are held in the the challenges posed by the community, particularly encompassed by the term Parliamentary Library and Parliamentary environment, young people ‘youth’. in the respective university includes the following goals: • physically open up library) • clearly establish Parliament House to all University partnerships • allow students gain whole-of-Parliament ages while balancing the Parliamentary Research exposure to the roles and strategic objectives demands of security and Programme functions of Parliament, and goals across preservation of a historical Parliament facilitates an a Parliamentarian, different Parliamentary building and materials annual 12-week research government and key departments, reduce • engage with the broader programme for high performing community and policy fragmentation and achieve public, organisations, university students, majoring issues a coordinated approach to young people and in any university discipline. The • develop students’ attaining those objectives disenfranchised and other programme is a cooperative research skills, particularly and goals hard to reach groups. venture between the Parliament critical thinking and • ensure consistency and of Western Australia and the analysis. quality of communications Although all these goals State’s universities. Members A new educational session, • partner with, and can be attributed to youth of Parliament nominate up to hosted at Parliament House, has harness the energy engagement generally, the final two topics for consideration been introduced as part of the of, the media (media three in particular reference the for selection by participating programme. It involves a panel marketing campaign, engagement of young people, students. Students assume of members who each provide including mechanisms for or recognise the different the role of researcher under a speech about their roles and communication) approaches which may be the guidance of a Member of responsibilities as a Member • achieve comprehension required to meet the needs of Parliament. of Parliament, followed by a amongst the public of ‘all ages’. In response to these The programme aims to question and answer session. what Parliament does in goals, the Parliament of Western achieve the following: Over 300 reports have been the context of what can Australia had developed • provide an information produced since the programme sometimes be construed and maintained a number of resource for Members commenced in 1992, from a as historic and archaic programmes and initiatives that of Parliament in the very diverse range of topics

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including the analysis of voting School-age programmes workbooks, a video on how to aboriginal students from limited systems, use of renewable and resources set up a classroom for a role schooling or English as a Second energy in the state, child obesity Youth Parliament play has also been developed. Language/Dialect backgrounds. in state schools and the benefits Parliamentary Education Young children from a local This workbook should be of home ownership. coordinates the delivery of a school were participants in the readily accessible to remote Youth Parliament once per video’s production. A template and regional schools, and can Murdoch Parliamentary Studies Parliamentary session. This on developing role play has also be used as a basis for teacher Unit includes 97 students from been prepared. professional development. Parliament has established year 10 across the state in a The indigenous workbook a partnership with Murdoch three-day programme involving Indigenous Workbook is aligned to the WA curriculum University for the delivery of educational workshops on An indigenous student workbook requirements in ‘Civics and a Parliamentary Studies Unit. parliamentary history and for years 5 and 6 is in the final Citizenship’, has been developed The unit involves a series of practice and culminating in a stages of development and in consultation with an Aboriginal seminars delivered by Parliament youth Parliament held in the is accompanied by teachers’ educators’ reference group, on the Australian Parliamentary Chambers. The Governor of notes. The development of an and been trialled in remote model; history and evolution Western Australia, the President indigenous workbook follows a communities as units have been of Australian Parliaments; of the Legislative Council and formal evaluation of a remote developed. The publication Parliamentary practice; the the Speaker of the Legislative outreach programme delivered supports school teachers and Committee system; the future Assembly are all involved in in the Kimberley Region in 2015 support staff in catering for the of Parliament in a post- various aspects of the student (and in other regions across stages of Standard Australian democracy and testing theory Parliament. the State since 2009). The English (SAE) Language and knowledge: an insight tour of evaluation showed that: Acquisition of Aboriginal Parliament. Curriculum development • there was a level of students and in building a With changes to the Western disconnect between learning context through University presentations Australian Humanities and Social Parliamentary concepts connections with people and The Presiding Officers, Heads of Sciences curriculum, which has and the life experience of place in a culturally responsive Department and Parliamentary seen the introduction of civics students in very remote way. Fellows deliver guest lectures and citizenship concepts, new aboriginal communities The student workbook to university students at the teachers’ notes and student • unfamiliar teachers is narrated by past and different universities about the workbooks are being developed (Parliamentary Educations present Aboriginal Members work of the House, followed by a by the Parliamentary Education staff) were teaching of Parliament, as well as Question and Answer session. Office. largely unfamiliar concepts Aboriginal leadership students, Workbooks for years 5 and to students and includes embedded web Multi-media project 6, and years 7 and 8, have been • health and literacy issues links to information prepared Discussions are commencing finalised. Curriculum links, links amongst Indigenous by the Parliamentary Library with a tertiary institution to vignettes and Fact Sheets students impeded learning on Members, electorates, and regarding a project for the on the roles, functions and • there was a lack of voting systems. A series of video development of animated procedures of Parliament are integration of concepts productions are included in the videos for young people on included. The workbooks have over time – the notion that educational package, including parliamentary concepts. If been used as a foundation for a one-off incursion was an Aboriginal Member of successful, the project would be regional outreach programmes not sufficiently effective in Parliament addressing students a joint initiative that would aim to and as the basis for professional ensuring the sustainability about her work in the Parliament achieve the following: development sessions delivered of learning of concepts. and the community. • Provision of a technical by Parliamentary Education to learning environment for teachers. It was established that not Regional Outreach Programme multimedia students Additional workbooks are only did teaching materials need Parliamentary Education delivers • Students would learn how progressively being developed to be more culturally centred, a Regional Outreach programme Parliament works and will encompass an English and draw upon local examples bi-annually, to a different region • Parliament will benefit as a Second Language resource, (particularly around law making), in the State. It is an intensive from student assistance in year 10 (middle school) and but that it was more likely to programme for year 5 and 6 scoping how concepts are ‘Politics and Law’ students be effective if content was students across participating conveyed to young people. (pre-university students). All integrated within the curriculum schools. In 2016 a decision was In other words, young workbooks will be available and taught by teachers who made to conduct the programme people informing young online with the Indigenous knew the individual learning jointly with the Constitutional people about Parliament. workbooks also available with needs and capabilities of Centre of Western Australia USB support given connectivity students. It was also determined and Electoral Education Centre issues in remote communities. that an educational workbook of Western Australia, with the In association with these needed to be developed for concept being a civics day for

290 | The Parliamentarian | 2016: Issue Four ENGAGING OUR YOUTH

For example, in 2014 Parliament hosted a re-enactment parade of ground troops and the 10th Light Horse regiment as part of commemorating ‘Perth at the outbreak of war’, a CBD-wide event coordinated by Heritage Perth. In 2015, a dynamic performance was held in the Legislative Assembly Chamber depicting Western Australia’s first female parliamentarian Edith Cowan and her political life as part of a Heritage Perth theme - ‘People who shaped Perth’.

Conclusion It has long been recognised that Coat of Arms of Western Australia young people participate less than older citizens in most formal political processes, such as schools. where students can interact educational tours of the registering to vote and elections. Parliament also presents directly with a Parliamentary Parliament. The YMCA Youth This situation challenges a teacher professional Educator about Parliament. Parliament is a central focus the representativeness of development session so that A communication mechanism annually but Parliament is seeing the political system and can learning can be integrated by (ask a question option) will increasing numbers of ‘youth- lead to the disengagement of teachers within the classroom be developed to support the directed’ organisations use the young people from political and familiarity with parliamentary static learning tools so school facility. and parliamentary systems. civics resources is achieved. students can have any question Parliament as an institution In 2017 it is intended that the considered and answered by the Vignettes has an important role to play in programme be expanded to Parliamentary Education Office. Video vignettes on the roles, combating this disengagement incorporate high school students, Ideally this could occur in real functions, processes and through the investment of including holding a regional time (during operating hours). procedures of Parliament time and resources into public student Parliament. have been developed as engagement strategies that have All Ages an educational tool for the a particular focus on youth. Web conferencing Hosted programmes for young community. Vignettes specifically In the experience of the In line with the development of people for young people are being Western Australian Parliament, strategies for engaging regional Parliamentary Education, developed. One is currently such youth outreach is being and remote students (although cooperatively with the Chamber being finalised on Question achieved through the provision not limited to that audience), Departments, is more focused Time. A further vignette has of a broad range of youth Parliament has formed a on providing higher level support been produced for Indigenous engagement activities which partnership with the Education to youth directed programmes, Students on the introduction target different age and cultural Department’s e-learning centre. delivered by external of the Noongar Recognition groups. Our Parliament has The Department has agreed to organisations, but hosted by Bill 2015. All vignettes are found that programmes with host both static and interactive Parliament. Each programme developed in-house using the the most success are those learning sessions for students is formally coordinated Parliamentary Broadcasting developed to be as youth driven across the State (for State internally by an officer from team and Parliamentary as possible, where young people and non-government schools). Parliamentary Education. Education, Chamber staff or are empowered to engage and In the future, Parliamentary This ensures that the most students. participate in the parliamentary Education will develop static effective learning environment process. learning programmes drawing is provided for students and Open Days on vignettes, animation and that any programme offered Parliament hosts open days References chamber footage. Schools interfaces with Parliamentary where the community is 1 Section 2, Constitution Act will access web conferencing Education. This can be through encouraged to explore the 1889, Western Australia. facilities and click on the facilitating member participation, historic parliamentary building 2 Hansard Society, Parliaments particular programme to fit teaching organisations about and grounds. There is a focus and Public Engagement: Innovation within the lesson schedule. A parliamentary protocols, on making these open days a lot and Good Practice from Around the live session will also be delivered or through formal talks or more dynamic for young people. World, 2011, p8.

The Parliamentarian | 2016: Issue Four | 291 Democracy for Millennials

Democracy for Millennials

In our 160th anniversary year, as The workshops were geared to that parliament’s interaction well as celebrating our past, the be small group sessions, enabling with them was tokenistic and Victorian Parliament has also all who participated to have ample not genuine. They found the invested in our future. Like many opportunity to be heard. A total political system intimidating, with legislatures around the world, of 68 young Victorians took part, processes such as question time we recognised the disconnect joined by one or two MPs and two seen as outdated and hostile. that exists between youth and senior parliamentary staff at each Young people often lacked parliament and decided we workshop. the confidence to engage in needed to do something about it. The focus was on talking parliamentary processes. Our approach was a fairly in small groups but thinking In addition, they said it was hard simple one: ask young people up big ideas. The ultimate aim to see how the political system Hon. Bruce how they would like to engage was to come up with a few key related to their lives. For many of Atkinson, MLC with us. We partnered with a suggestions for parliament them, parliamentary processes is President of the body called the Foundation for to use in mapping out a more lacked a real connection to Young Australians, which had a engaging youth strategy. community. They also had difficulty Legislative Council of the good track record of bringing The sixth and final workshop understanding how the political Parliament of Victoria organisations together with was held at Parliament House system delivered real change. in Australia, elected as young people to co-design with 28 young people involved, The second message was: “It’s the 20th President in new ways to undertake youth representing the diversity of too hard, so I can’t be bothered.” engagement. They had previously youth who had participated in Young people felt they were 2010. First elected to worked with businesses and local the exploratory workshops. At not sufficiently equipped with Parliament in 1992 for government groups, emphasising this final session, participants the foundational knowledge Koonung Province, he entrepreneurship and tapping worked through the major needed to understand how to held that seat at the 1996, into the enthusiasm of the young ideas and came up with five navigate through the political people who worked with them. ‘prototypes’ for parliament to system. Many stated it was a gap 1999 and 2002 elections. Their motto ‘Rethink the consider in its future approach in their high school education. Following boundary world, unleash the future’ threw to youth engagement. This added to their feeling that changes, he was down a challenge to us that There were two clear messages they didn’t have the knowledge re-elected for the Eastern we were willing to accept. from young people identified in the and skills to be taken seriously. Through their experimental unit final report that we received at the They found the language Metropolitan Region in called YLab, the foundation’s end of the workshops. The first used to discuss parliamentary 2006, 2010 and 2014. He approach was to get a group of message was: “It’s not my world.” matters either overly complex or was Deputy President young people to lead a series of Young people fear they just plain boring. With limited time from 2006 to 2010. Prior exploratory workshops. won’t be taken seriously by as they balanced study, work The objectives of those parliament or MPs. Based on and family commitments, they to entering Parliament, five workshops, held across previous experiences, they felt were not inspired to engage in he was a journalist, our State, were to help us publisher and business understand what young people consultant and held were thinking about parliament, and to co-design new ways for many local government young people to interact with positions including parliament into the future. Mayor. He is married and Co-design was the has three adult children. fundamental principle on which our ‘Democracy for Millennials’ project was based. Getting young people to be involved in finding the solutions and using their creative talents to develop the Youth participants take part in engagement mechanisms that workshops for the Democracy would be most relevant to them. for Millennials project.

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A diverse group of youth participated in the Democracy for Millennials workshops.

processes that were too complex We also need to engage more forward-looking institution. locations that young people visit and time-consuming. through digital channels, and we A youth network will be so that they can connect with For young people in regional should get young people to help developed that can bring us in the places where they go areas, there was an additional us create the content that is meant together young people of about their daily business. We concern that the parliamentary for young people. By being more diverse backgrounds in a youth- are aiming to use the intent system did not feel inclusive as creative in where and how we led approach to engagement of that idea to develop more it had a capital city focus to it. reach out to youth, we can bridge with parliament. Training and engaging information sharing Communication channels that the divide that currently exists. mentoring opportunities provided initiatives for young people. parliament traditionally used did not Importantly, we also must work through this initiative will help in The fifth area of focus will be take into account the way in which on building the confidence of developing a youth leadership on our parliamentary education young people liked to communicate. young people in their interactions group for our parliament. programmes, to deliver learning Listening to the young people with parliament. This should Youth project placements at experiences that engage young at the workshops and reading be done by enhancing their parliament will be arranged to people and spark in them an the final report, it is evident that knowledge of how the system assist us with the development enduring interest for participation our parliament can and must do works, and also by helping them of multimedia material about in our democracy. Already we have better if we are to be relevant better understand the outcomes parliament for young people and appointed an education advisory to a generation that thrives on that parliament delivers. staging events that link youth panel, with a number of young connectivity. The five prototypes to parliament. We have already educators and a student helping Our processes must enable presented to us in the final started this process by engaging to guide the future development young people to put forward report from the workshops a group of young people to of those parliamentary learning their views to their elected focus on a number of key steps organise a music event on our programmes. representatives in ways that involve that can be taken to meet the parliament’s front steps as part We are committed to genuine listening and discussion. expectations of youth. We are of an annual music week held in co-designing our engagement Young people have views on a committed to implementing the our State’s capital, Melbourne. strategy for youth with youth. The variety of issues and it’s important proposals that have been made, Through this sort of initiative, workshops were a first step in our that they have the chance to through a series of pilot projects tapping into their interests, new approach and the response express those views, because that will begin from 2017. we are helping young people we received from young people ultimately the decisions we as Our parliament will move to connect with parliament and feel was extremely encouraging. Parliamentarians make today will a new online communication comfortable working with us. With The next decade of our be impacting on them tomorrow. approach that will see us the projects we have planned, parliament’s history will be very We need to create more working with young people to we hope that information about different to our first 160 years. opportunities for young people, develop content for youth. Using parliament can be shared in the We have decided to work with the particularly in regional areas, to the skills of young people in spaces and at the places that generation that will give us our gain a meaningful experience of this way will help us to remain young people frequent. future leaders because they will parliament. If they can’t or won’t up to date with the latest trends One of the innovative be critical to the success that we come to us, then we must reach in communication and design, suggestions made to us was to hope to achieve as a legislature out to them. which is critical if we are to be a use interactive signage in key and a State in the years ahead.

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“The world now has the largest the true nation-builder never Nation-building is like generation of young people in rests because all nations are building a house. You start with history. I place great hope in constantly facing up to new the foundation before you build their power to shape our future.” challenges. the structure. The foundation - UN Secretary-General, Ban Nations are a product of the comprises security, peace, and Ki-moon. human will and imagination and stability. Therefore, the youth the institutions that sustain their of the Commonwealth nations, Youth has always been regarded collective efforts. Therefore, we only, can decide the tomorrow of as the finest period of human must find these resources in their nations. life. The Commonwealth ourselves if we are to succeed The Commonwealth is made Mrs. Kothapalli defines ‘youth’ as those persons in building our nation; otherwise, up of 52 independent countries, Geetha MP is a between the ages of 15 and to paraphrase Shakespeare, with an estimated population 30 years, without prejudice “default would be not in our of 2.2 billion, of which more bureaucrat turned to other definitions by the styles but in ourselves.” than 60% is aged less than 30 politician, who made Member States. The total The term nation-building is years. The Commonwealth is her debut into politics youth population of the world often used simultaneously with one of the world’s oldest political and won a seat at is 1.8 billion, out of which 1.3 state-building, democratisation, associations of states. Its roots billion young people belong to modernisation, political go back to the British Empire the general election Commonwealth nations. development, post-conflict when some countries were in 2014 to the Indian Literacy rates among youth reconstruction and peace ruled directly or indirectly by Parliament (Lok Sabha) and adults are the tests of an building. But each concept is Britain. Some of these countries to represent the educational system, and the different, though their evolution became self-governing while overall trend is positive, owing is intertwined. The concept of retaining Britain’s monarch as Araku constituency of to the expansion of educational nation-building came to be used Head of State. They formed Andhra Pradesh, India. opportunities. Globally, the youth especially among American the British Commonwealth of She undertook her literacy rate increased from 83% Political Scientists a decade or Nations, with the objectives of post-graduate studies to 91% over two decades, while so after World War II, to describe promoting democracy, human the number of illiterate youth the greater integration of state rights, and to promote mutual in the disciplines of declined from 170 million to 115 and society, as citizenship understanding and cooperation Public Administration, million. brought loyalty to the modern among member states. There Psychology and The role of youth in nation nation state with it. are 1.32 billion young people in Sociology. She has an building is unique. Nations The task of nation-building the Commonwealth of Nations just don’t happen by historical is herculean and can be divided today, representing a staggering immense knowledge accident; rather they are into phases. Everyone can amount of human potential, yet and experience of built by men and women with contribute towards the same, too many of them are trapped in administration and an vision and resolve. Nation- but youth especially brings poverty, with fewer opportunities in depth understanding building is always work-in- in new ideas and energy, to learn or to earn a decent progress; a dynamic process enthusiasm and vitality which living, and if these youth are of the political system in constant need of nurturing will lead to new discoveries and allowed to realise their full and she is committed and re-invention. It means the developments that contribute to potential, the nations could see a to the social cause and development of human rights the development of a nation. The better and brighter tomorrow. service to humanity. - political, civil, economic and youth of a nation shapes and The younger generation social - and the rule of law. moulds its present and paves shoulders a huge chunk of the Nation-building never stops and the way for its future. responsibility of nation building;

294 | The Parliamentarian | 2016: Issue Four Youth Inclusivity in The Commonwealth: A View from India

not the politicians or the policy building. According to the United huge demographic dividend makers alone. It would be There are many challenges Nations, youth are under- should be advantageous to more accurate to say that the faced by the youth in the educated. In the developing the nations rather than being youth, working in tandem with Commonwealth nations, which world, nearly one-third of a disadvantage. The young the government, decide the makes it difficult for them youth are illiterate. In the least- energies, if not driven through fate of a nation and its coming to contribute in the nation developed countries, only 13% positive approaches, pose generations. It is, therefore, building process. The youth in of girls and 22% of boys enrol in a threat to the nations both important that the voices of the the Commonwealth nations secondary education. externally and internally. youth get the right platform. It is face problems such as poverty, At this juncture, it is essential Youth are the most important necessary that the youth gets hunger, unemployment, poor for me to make a mention assets for the economic, to exercise their freedom of education system, lack of of my constituency Araku, political and social life of their speech, their opinion and their entrepreneurial infrastructure, which is in the state of Andhra communities. Addressing ideas. improper law and order, etc. Pradesh, which is the only key global threats - like the Today, a majority of Youths are unemployed. tribal constituency of the state spread of HIV/AIDS, growing Commonwealth nations are Approximately 70 million and is affected largely by left poverty and political stability challenged to alleviate poverty young people are unemployed wing extremism. Recently in an in Commonwealth nations - and ignorance and to bridge the worldwide. encounter around 30 people depends on protecting the rights technological gap necessary for Youth are susceptible to were killed, wherein 22 of of youth and providing them sustainable development and to disease. Young people aged them are youth between 20 with the support they need to fight terrorism and extremism. between 15-30 have the highest to 30 years of age which is an contribute to the health and Where this responsibility is not infection rates from HIV/AIDS astonishing factor. well-being of society. taken seriously, the world sees and other sexually transmitted We need to emphasise There can be a large weak states and failure in nation diseases. the fact that the existing number of schemes, projects

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and programmes wherein involvement of the youth would bring quicker and better results. Youth should be imparted with skills and spirited young men and women can play a pivotal role in the socio-economic reconstruction of the society. The youth of Commonwealth nations needs to be multi- faceted with education remaining at the core of everything. Education empowers them with the ability to think, to tell the right from the wrong and good from the bad. Initiatives should be taken by the government to eradicate poverty and unemployment in youth. The youth also has to shoulder which was consistent with its of developing the nation in a building, their accessibility to the responsibility along with survival as a small nation with democratic and constructive education and training should the state to promote initiatives limited resources, and the way. Youth, as the powerful be further enhanced while ranging from poverty alleviation Singaporean identity was built by pressure groups and guardians leadership and skills training, to peace-building, promoting persuading Singaporeans to look of transparency, will enable entrepreneurial development and enhancing development and towards to the future together. themselves to query government and healthy lifestyle programmes fighting against all the evils that The attitude of Singaporeans policies and performance for should be carried out more hamper nation building. played a major role in building corrective action to be taken for extensively. The classic example of Singapore which is exemplary to the development of their nation. Youth, in order to make his/ nation building is Singapore, all of us. They were fighters and It is to be noted that the her country develop, has to transforming itself from a strivers and Singapore was able youth possess energy, skills, sacrifice not only their lives by developing country to a modern to harness a generation of such hope and dreams of nation- protecting their country at the industrial economy in one people in the common purpose building, but sometimes they borders but also has to protect generation. With a small limited of building and protecting the lack proper critical thinking. from internal threats and make domestic market, Singapore home that they wanted to live Therefore, the youth which could the society a healthy place to has had to become highly in. It was this never say die have been a pioneer of some live. It is possible only if the integrated into the global attitude that really allowed the world-changing act may become youth realise to stay healthy by economy. Education was seen, government of the day to push world-destroying terrorists. Thus, sacrificing selfishness, laziness, from the beginning, as central tough policies and make the hard here lies the role of the nation evilness etc., and by thinking to building both the economy choices that a lot of governments and the government to empower dedicatedly about the growth and the nation. In five decades, and even their people try to avoid the youth with education and of a nation. The central purpose after Independence, modern making. power and guide them in the of advocating youth leadership Singapore has grown from a The nation building development of a better nation. is to support youth in taking the sleepy, malaria-infested swamp efforts were the vision of the The role that youth play initiative to engage in civic and into an economic powerhouse, government, formulated on in nation building cannot be community activities in order to unprecedented in the history of behalf of all the Singaporeans ignored. Youth could be a build on their strengths and self- the world. from all walks of life, reflecting a source of labour inputs as well esteem and to work together When the new government diversity of viewpoints and over as human capital in production, as a team in building leadership came into power, they were decades transformed Singapore which would improve total factor skills. struck with many problems from a small town to a financial productivity in a region of the like unemployment, poverty hub. world where capital formation is “This world demands the and the lack of education. As an old saying goes: “the limited. qualities of youth: not a time The government of Singapore youth are not only the leaders The youth of the of life but a state of mind, a gathered the people together, of tomorrow but also the Commonwealth nations could be temper of the will, a quality of with its calls of national loyalty, partners of today.” The youth, critical for the development of a imagination, a predominance and the need to achieve as the energetic ambitious and new class of entrepreneurs that of courage over timidity, of the economic progress and racial highly capable people, have these countries need to prosper. appetite for adventure over harmony. It created an identity the responsibility, passion and To encourage youths to the love of ease.” - Robert of the ideology of pragmatism power of being at the forefront participate actively in nation- Kennedy.

296 | The Parliamentarian | 2016: Issue Four role of the Women’s Caucus in advancing the implementation of the UN Sustainable Development Goals role of the Women’s Caucus in advancing the implementation of the UNited nations Sustainable Development Goals

This article is based on a the franchise of all our people Camerer, to name but a few, keynote address given by the and more particularly, women. were amongst those women Chairperson of CWP Africa In the Women’s Charter who were critical in the making Region, Hon. Angela Thoko that they drafted and adopted, of a new South Africa. Didiza MP (South Africa) contained therein were the At the heart of these on the topic ‘The role of the aspirations of the South Africa continuous struggles by Commonwealth Women they wanted. A South Africa South African women was the Parliamentarians in playing where there will be gender will to ensure that women’s effective oversight’ to the equality, a country where representation in decision KwaZulu-Natal Legislature working conditions in particular making structures was not to be Hon. Angela Thoko Women’s Caucus and of women will be improved, and compromised. Today therefore Didiza, MP served Commonwealth Women economic opportunities would we stand on the shoulders of Parliamentarians (CWP) be accessible to all. these many women and others in the South African Group in Durban, South There are many women in who ensured that women can Government becoming Africa in September 2016. this province across the political be people’s representatives as Minister of Agriculture and The workshop was a joint divide that continued to fight legislators and Parliamentarians. Land Affairs (1999) and programme with UNDP on the for women’s emancipation It is important to note operationalisation of the SDGs and their representation in however that while women Minister of Public Works and the role of the CWP in decision making structures of struggled with their menfolk (2006) under President playing effective oversight. institutions that govern them. side by side in pursuit of Thabo Mbeki. When he Stalwarts such as Me Dorothy freedom, questions continued ceased being President Today we commemorate sixty Nyembe; Florence Mkhize, to be asked as to the difference years of the Women’s March to Mama Kubheka and others that women’s participation in 2008, she was one of Pretoria in which South African are a reminder of the women’s and representation bring in the ten Ministers that women from all walks of life struggles in this Province of parliaments and legislatures. In resigned. In 2014, she were united in opposing the KwaZulu-Natal. answering this question, I wish became a Member of the implementation of the repressive During the period of to reflect on the words of Dr and discriminatory legislation by negotiations to end apartheid, Frene Ginwala in the foreword in South African Parliament. the then National Party regime women once again formed a a handbook by the International Prior to this, she was the known as the pass laws. coalition across the political, Institute for Democracy and Secretary-General of It is important to note that economic and class divide which Electoral Assistance (IDEA) titled the Women’s National this march formed part of the fought for equal representation in ‘Beyond the Numbers’ in which programme of action of the the new democratic South Africa. she reflects on the essence of Coalition. Hon. Didiza Federation of South African Some of the gains that we democracy. Ginwala states that is also Chairperson of Women (FEDSAW) which was can recall during that period “the seed of democracy lies in the CPA Africa Region’s formed on 17 April 1954. The was the inclusion of the the principle that the legitimacy Commonwealth Women significance of FEDSAW was in Equality Clause in our interim of the power to make decisions its composition in that it brought Constitution and the final about people’s lives, their society Parliamentarians (CWP) together women across the Constitution which was adopted and their country should derive and she has a wealth political, class and religious divide. in 1996. Some of the women from a choice by those who will of expertise on raising This commemoration of the like our current Speaker Baleka be affected.” the profile of women in historic march in the calendar of Mbete, Frene Ginwala, the late Ginwala further notes that our country serves as a reminder Hon. Faith Gasa and former the franchise was won through political institutions. that women before us fought for Member of Parliament, Sheila struggles and that today those

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Left: The Chairperson of the Commonwealth Women Parliamentarians (CWP) Africa Region, Hon. Angela Thoko Didiza MP, South Africa (pictured centre) with Members of the KwaZulu-Natal Legislature Women’s Caucus and Commonwealth Women Parliamentarians (CWP) group at the workshop held in Durban, South Africa on the impact of the Sustainable Development Goals (SDGs).

as the expertise they have which benefits all of society. Dr Ginwala in dealing with the same question states: “While the debate about the enfranchisement of women and the participation of women in decision making often focuses on issues of justice, equity and human rights, the representation of women and the inclusion of their perspective and experience into the decision-making process will inevitably lead to solutions that are more viable and satisfy a broader range of society. That is why women should be part of the who were excluded have won appreciate the strides that these too are transformed and process and why it matters: all of the right to both choose and be have been made thus far on that clauses or principles of society benefits as we find better members of the institutions of representation, it is concerning equality are ingrained in such and more appropriate solutions governance. that the numbers of women in policy documents of parties. for our problems.” In our own context as South parliaments and legislatures are Thirdly, it is about advocacy As women public Africa, we can attest that still low compared to the women and working with civil society representatives, it is important through our own struggles population in our countries, to argue for the increased to note that while we represent we have won the right to regionally and globally. participation of women. the entire electorate, in addition choose and be members of the It is for this reason that we need to ensure that issues of institutions of governance. We the Commonwealth Women What does it matter to have women and the girl child are not equally remain vigilant that in Parliamentarians (CWP) more women in Parliament forgotten in policy, legislation executing our responsibility as continue to strive for increased and Legislatures? and in allocation of resources public representatives, we are women participation in It is important to note that through budgets. conscious that ours is also about parliaments and legislatures. In the arguments for increased The Women’s Caucuses as ensuring that women’s interests order to improve the situation, numbers of representation of a collective in parliaments and are not sacrificed. women through their multi-party women are not only informed legislatures have to continue Twenty-two years into our caucuses in legislatures will by the franchise argument to advocate for women’s democracy, we can say with need to look at legislation such that women have a right like advancement and increased pride that the struggles by our as the Electoral Act and see any other human being to representation of women in forebears were not in vain. to what extent the Act can be choose and to be part of the decision making structures be it in Women now occupy seats in reformed to advance women’s institutions of governance. It the executive, public administration, the legislatures, parliaments, representation. is also about the perspective judiciary and the corporate. councils, Executives and Secondly, it is about looking that women bring in decision Today we are gathered the private sector decision- at political party constitutions making that are informed by here to deliberate on the making structures. As women and policies and ensuring that their lived experiences as well implementation of the

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Sustainable Development oversight on the implementation to request departments to to evaluate delivery against Goals. As a country in South of policies, laws and programmes give us their plans on how the goals. Africa, we have been part of the of government. The vexing they will implement the SDGs It is necessary therefore that development of these goals. As question therefore is how we and to monitor and evaluate the Women’s Caucus should members of the Commonwealth can exercise our responsibility this on a regular basis. develop its own programme of Women Parliamentarians we as women legislators to ensure 6. We need to ensure that action that will determine the have also ensured that the implementation of the SDGs. the departmental plans are areas of focus as it relates to goals will address the issues 1. First and foremost working assessed annually against women and girls. Monitoring that are of concern to women. with the Women’s Caucus in the budgets in order to and Evaluation tools have to be Goal five for instance talks to Parliament we need to ensure ensure that the expenditure is developed in order to ensure achieving gender equality and that ratification of these consistent with the allocated that progress and impact on empowering all women and goals is done as soon as it is budgets. programmes can be measured. girls. In taking a cursory look at possible. 7. The Women’s Caucus should I trust that this workshop will the SDGs, it is clear that there 2. We need to ensure that ensure that they examine lay the foundations and basis in is a lot of convergence between at a Provincial level, as how women’s needs are to be which the Women’s Caucus can these goals, our own National Legislatures, we must addressed as they examine identify and develop their own Development Plan (NDP) and familiarise ourselves with the the departmental plans and programme of action on how as the AU Agenda 2063. SDGs. budgets. legislators they can ensure the 3. It is important that we 8. We need to utilise oversight implementation of the SDGs. The Role of the Women’s popularise the SDGs amongst mechanisms such as Caucus in Ensuring the our communities working in questions to Ministers and Implementation of the SDGs partnership with Civil Society Members of the Executive As Parliamentarians and Organisations. Councils to assess progress legislatures, we are the 4. We need to engage on implementation of the representatives of our people. Statistics South Africa on the SDGs. Our primary responsibility is to indicators that will be used for 9. Oversight visits to Below: The UN Sustainable make laws, hold the Executive measurement. communities can be utilised Development Goals have a key accountable and ensure 5. It is important for committees to ensure accountability and focus in the Africa Region.

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TRINIDAD AND TOBAGO’S ROLE IN COMMONWEALTH TRADE

Brief Country Review period 24-29 November 2015, Trinidad and Tobago’s The twin island of Trinidad by Hon. Dr Keith Christopher current economic status and Tobago is small, but has Rowley, Prime Minister of Through global tides, Trinidad also become a major financial the Republic of Trinidad and and Tobago is no stranger to centre in the Caribbean. With Tobago, together with his wife, economic recessions. Within a population of just over 1.3 Mrs Clarke Rowley and Senator adversity ample opportunities million, Trinidad and Tobago Hon. Dennis Moses, Minister have been presented for our have the highest GNI per of Foreign and CARICOM people to steer through rough capita in Latin America and the Affairs. Recognising the need to waters by utilising diversification. Caribbean (LAC) (US$18,600 foster growth and development And as such, limited not to S enator Hon. in 2015, Atlas method). Our within the economic sector he manpower skills, efficient Paula Gopee- economy is largely based on delivered the feature address on entrepreneurship, and innovative oil and gas production with the the subject of ‘Energy Security: marketing strategies. “The Scoon was appointed petroleum and petrochemical Investing in the Future’ and Government of the Republic of a Senator and Minister industries accounting for another in which he showcased Trinidad and Tobago (ORTT) of Trade and Industry about 37% of GDP and ores the business and investment recognises that trade is the life 5 in 2015. Previously and mineral fuels over 70% of potential of Trinidad and Tobago blood of the economy.” exports (2015 data).1 in the non-energy sectors. These This has been further she represented Point Between the fiscal years segments were well received.3 elucidated by the Prime Minister Fortin in Trinidad and 2000 and 2007, the average In this regard, the Prime of Trinidad and Tobago as Tobago, having been economic growth was 8%, Minister joined with other Heads stated hereunder: first elected in 2007, at significantly above the average of the Government to launch three “When the price of oil is of 3.7% for the LAC and new facilities/initiatives designed down, it is the opportunity for which time she was Caribbean region during the to deliver practical assistance our potential as a people to rise Minister of Foreign same period. to support the developmental to higher heights. It is precisely Affairs. Her studies However GDP has slowed interest of Small and Developing in times like these that there include the University down since then and after a Members of the Commonwealth. is room for an abundance of weak recovery in 2012- 2014, This commissioned the creativity and the birth of new of the West Indies (B.Sc the economy contracted in 2015, Commonwealth Trade Finance and imaginative ideas. It is in Public Administration due to sharp fall in the oil and Facility to underwrite the times like these that efficiency and Law), University gas prices. However, Trinidad payment risk faced by small and productivity must abound, of London (LLB Hons and Tobago can count a low Commonwealth exporters who so that when we return to level of public indebtedness, seek to enter and/or develop prosperity, as we will; we will International Law) adequate financial buffers, solid new overseas markets. The all be blessed with a wiser, and Anglia Ruskin human capital and overall political lack of access to reliable and more resilient, enriched and University (MBA). Her stability, which is expected to affordable trade finance on the emboldened society” – Hon. 2 career also includes the facilitate economic growth. part of the Small and Medium Dr Keith Christopher Rowley, Enterprises that operate in most Prime Minister of the Republic financial sector in banks Introduction Commonwealth Jurisdictions of Trinidad and Tobago. throughout Trinidad The Republic of Trinidad and and to establish support for their Dr Rowley, in his address from 1982 to 1996. An Tobago was represented at ability to participate in global to the nation challenged the 4 avid art collector, she is the Commonwealth Heads of supply networks. creativity of the citizenry of Government Meeting (CHOGM) Trinidad and Tobago, in light of a mother of three. in Valletta, Malta, over the falling oil prices. Trinidad and

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Tobago, like many other energy guide their multi-year adjustment in September 2015, the new Above: King’s Wharf in Port of exporters, has been plagued by efforts be put in place. administration had less than Spain, Trinidad and Tobago. depressed energy prices, which Agreeing that priority should be one month to present a budget has resulted in a 70% decrease given to broadening the revenue to Parliament. Recognising that in energy revenues. base with a comprehensive energy prices could remain low Concluding its Article IV VAT reform, improving tax over the long term and faced Consultation with Trinidad administration, phasing out fuel with considerable structural of access of Trade (The Public and Tobago on 20 May 2016, subsidies, while improving targeted challenges to increase economic Procurement and Disposal of the Executive Board of the social protection, the Directors diversification, the budget Public Property Act 2015; The International Monetary Fund welcomed the authorities’ intention accommodated the fiscal Trinidad and Tobago Panama (IMF) noted that the recent to pursue a comprehensive adjustment requirements but Scope Trade agreement Act 2015; sharp decline in energy expenditure review. was also carefully balanced to and The Trade Mark Act, 2015). prices continued to pose In his statement, Otaviano avoid exacerbating the economic major challenges to Trinidad Canuto, the Executive Director slowdown.” What are the options? and Tobago’s economy. The at the Board of the International Canuto further stated Japanese writer, Haruki Directors welcomed the efforts Monetary Fund (IMF) for that “under no illusions about Murakami writes, “And once the taken by the new government Brazil, Cabo Verde, Dominican the external environment, storm is over you won’t remember and encouraged further policy Republic, Ecuador, Guyana, Haiti, the authorities refined the how you made it through, how actions, including additional Nicaragua, Panama, Suriname, budgetary framework during you managed to survive. You fiscal consolidation and Timor Leste and Trinidad and the Mid-Year Budget Review won’t even be sure whether the structural reforms, to preserve Tobago, acknowledged that (MYBR) presented in April storm is really over. But one thing macroeconomic stability, diversify despite the significant challenges 2016 and further calibrated is certain. When you come out of the economy and enhance posed by the need to adjust to policy adjustments to meet the storm, you won’t be the same medium-term growth prospects. lower energy prices, Trinidad their medium term economic person who walked in. That’s The Directors concurred that and Tobago was far from a crisis objectives. The MYBR reflected what this storm is all about.” a strong medium-term fiscal situation. He noted that the expectations of lower oil and Trinidad and Tobago has been plan was needed to re-establish country had enormous strengths, gas prices and entailed both riding the winds of a brewing a sustainable fiscal path and including low levels of public adjustments in government storm since mid-2014 when the ensure debt sustainability. They debt, substantial financial buffers, spending and measures to economy was hit hard by the sharp commended the authorities for a well-educated work force and a broaden revenue sources.” decline in oil and gas prices. Growth the important steps taken thus far stable political system. As such, Trinidad and Tobago contracted in 2014 and 2015, and further recommended that a He pointed to the fact as a responsible nation, passed and lower domestic absorption is comprehensive fiscal framework to that “upon assuming office legislations to facilitate the ease expected to continue in 2016.

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But there is an upside, the Gas Company of Trinidad and The Commonwealth Kingdom, Canada, India, Australia, country has earned a reputation Tobago (NGC) in furtherance of Connection The Bahamas, New Zealand and as an excellent investment the country’s intention to invest In pursuing the opportunities Barbados totalled over $TT24 destination for international and supply technical expertise. presented by Ghana’s billion dollars, for the same period. businesses and has one of the It is the belief of the nascent energy industry, At the 2015 Commonwealth highest per capita incomes Government that gas, power Trinidad and Tobago also Heads of Government Meeting in Latin America and the supply and generation in Ghana demonstrates its connectivity (CHOGM), the Commonwealth Caribbean. Diversification could also have a serious knock- with the Commonwealth of Small States Trade Financing is recognised as being on effect in Trinidad and Tobago Nations of which it has been Facility was launched with a view absolutely critical to ensure since the potential exists for a member since the country’s to expanding the volume and value long term economic growth and Ghana’s state-owned aluminium Independence in 1962. of intra-Commonwealth trade, and sustainability and also to create company VALCO to expand Economic survival and the in particular, the development of a socio-economic environment production, so that a supply of sustainability of Trinidad and the export potential of the small that is attractive to domestic and aluminium ingots could be made Tobago’s current standard states of the Commonwealth; foreign investment. available to the electricity industry of living may also rest on the an initiative stemming from the The diversification strategy is in Trinidad and Tobago, for the country’s capacity to increase Colombo 2013 meeting. centred on industries identified growth of high value downstream its exports earnings outside of The Facility aims to augment as viable revenue generating production in the country. the energy sector. While the trade and investment finance for alternatives such Agribusiness, country’s main trading partner small states of the Commonwealth Aviation, Creative Industries, The Impact of Global Trade remains the United States of by offering incremental trade International Financial Services, Data from the United Nations America which accounts for finance access to banks, and to ICT-Software Development, Conference on Trade and some 52% of total exports, further stimulate trade activity Tourism and Maritime Industries. Development (UNCTAD) state that significant trade relationships are across the Commonwealth by: Public-Private Partnerships Trade has the potential to support maintained with its Caribbean • increasing and sustaining (PPPs) also have the potential to a broad range of development Community (CARICOM) trade flows to the play a major role in infrastructure goals, including poverty eradication, neighbours and other small states of the development. Trinidad and gender equality and environmental Commonwealth members. Commonwealth; Tobago is already utilising PPPs sustainability, by promoting The Commonwealth Trade • addressing the risk of to deliver public infrastructure economic growth, creating jobs, Review 2015 notes that given smaller banks and smaller services in several areas, enabling an efficient use of their size, the contribution of the countries being excluded including health, education resources and raising standards Caribbean and Pacific regions to from standard trade and ICT (Information and of living. overall Commonwealth exports finance facilities due Communication Technologies). Global trade has and will is small, accounting for 1.14% to increased regulatory Even as the country seeks to continue to be the single most of Commonwealth exports costs and higher risk jump start entrepreneurial activity important external source ($39 billion) in 2013. Trinidad perceptions; and within the non-energy sectors, of development financing, and Tobago accounts for more • supporting a build- there is still the recognition that particularly for small and least than 60% of Commonwealth up and deepening of there are opportunities to leverage developed countries. The Caribbean exports. The country relationships among the considerable expertise the Commonwealth Trade Review is the leading trading nation in leading trade finance country has gained from over a 2015 asserts that “International the Commonwealth Caribbean. providers and smaller century in the oil and gas business. trade can play a major role in Outside of CARICOM but still financial institutions in the In this regard, in May 2016, the promotion of economic within the Commonwealth, Trinidad Commonwealth. Prime Minister Rowley travelled to development and the alleviation of and Tobago has also maintained The launch of the Trade Africa to re-engage the Republic poverty. We recognise the need consistent trade linkages with the Facility constitutes a major of Ghana with a view to rekindle for all our peoples to benefit from United Kingdom, Canada, India, tangible outcome of the the lost flames of opportunity in the increased opportunities and New Zealand, Vanuatu, Ghana, CHOGM, considering the their fledgling gas industry. welfare gains that the multilateral Malta and Australia. practical support needed by Following upon a trading system generates.” Statistics from Trinidad and Commonwealth and CARICOM memorandum of understanding The Commonwealth has long Tobago’s Ministry of Trade and small states in growing their signed earlier in the year, in been recognised as a champion Industry, over the period 2010- export trade and thus, in Accra, a high level delegation of small states – both member 2015, give evidence that Trinidad increasing their participation in from Ghana, with the blessings and non-member states – in and Tobago’s top Commonwealth global supply networks. of that country’s President, raising international awareness export partners were Jamaica, Should Trinidad and Tobago His Excellency John Dramani of the economic challenges and the United Kingdom, Guyana, access this facility, projections Mahama, recently visited vulnerabilities of small states. Barbados, Antigua and Barbuda for positive knock-on effects Trinidad and Tobago to begin and Canada with exports totally remain hopeful. Indeed, the negotiations and calculations with over $TT65 billion dollars. Imports Commonwealth Trade Review professionals from the National derived primarily from the United 2015 asserts that when

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both bilateral partners are with its fellow Commonwealth and Tobago, as the leading landscape and educated and Commonwealth members, they members has assumed both a trading nation in the Caribbean, skilled human capital. tend to trade 20% more, and greater significance and a greater will play a major role in guiding In a continued effort to generate 10% more foreign direct degree of uncertainty. She the region’s relationship with the promote and facilitate domestic investment inflows than otherwise. further suggests that Caribbean United Kingdom post-Brexit. and foreign investment and This ‘Commonwealth effect’ implies States are pessimistic that the export-led trade, the Ministry of bilateral trade costs between task of negotiating bilateral Looking Ahead Trade and Industry will frontline Commonwealth partners are on arrangements with these small Whether from a political, several initiatives including average 19% lower compared with island states via the World Trade economic or social standpoint, the introduction of a Special those for other country pairs. Organisation will come very low these are very trying times. In Economic Zones (SEZs) regime on Britain’s trade negotiation April 2016, the IMF re-adjusted in Trinidad and Tobago; the The Long Arm of ‘Brexit’ priorities, and their economies its global growth projection to strengthening of the Single At the 37th Regional Meeting may suffer accordingly.” a modest 3.2%, a 0.2% point Electronic Window (SEW) for of the Conference of Heads of Returning to the CARICOM downward relative to the January trade and business facilitation Government of the Caribbean perspective, current Chairman 2016 World Economic Outlook and the review and modernisation Community (CARICOM) which of CARICOM, Hon. Roosevelt Update (WEO). April’s WEO of legislative and institutional concluded in July 2016, in Skerrit, Prime Minister of projects recovery in 2017 and frameworks for the areas relating Georgetown, Guyana, ‘Brexit’ was Dominica, was very forceful and beyond, driven primarily by to trade and business. a key discussion topic for the forthright in his opening address emerging market and developing Trinidad and Tobago Heads. The communiqué issued at the 37th Meeting of the economies, as conditions in re-affirms its commitment to after the Meeting noted that: Conference when he stated that stressed economies start intra-Commonwealth trade even • Heads of Government at a time when the rest of the gradually to normalise. But as it continues to closely monitor viewed Britain’s exit (‘Brexit’) world is moving towards regional uncertainty has increased, and Brexit and expands its trading from the European Union integration in order to carve out risks of weaker growth scenarios links across Latin America. (EU) as a watershed an economic space in the global are becoming more tangible. The relationships with the event in current world marketplace and to balance Nonetheless “hope springs Commonwealth are strong and affairs whose geo-political the might of the emerging eternal in the human breast” not easily broken. The member and geo-economic superpowers, Britain has chosen (Alexander Pope). Trinidad countries share similar legal repercussions would be far- to “retreat to insular nationalism.” and Tobago will survive this systems, a common language, as reaching and long-lasting. He said that the summit storm. Trinidad and Tobago well as comparable commercial • They received a detailed provided the leaders with “a offers significant investment and regulatory terminology. brief on the political, wonderful opportunity to seriously opportunities, as it has one Adhering to the tenets of the diplomatic, trade, economic consider the effect that Britain’s of the lowest energy costs Commonwealth Charter, Trinidad and financial implications exit from the European Union worldwide and is highly rated and Tobago will continue to be of ‘Brexit’ for the Region as will have on CARICOM, and to for cost competitiveness in the guided by the Charter’s values well as recommendations demonstrate real leadership by Commonwealth Caribbean. and principles including the for addressing them. showing the way forward. After Further reinforcing Trinidad strengthening of democracy and • Heads of Government all, we have had a long and deep and Tobago’s potential for the rule of law; good governance; agreed that CARICOM relationship with the United economic recovery was Mr creating economic opportunity should continue to monitor Kingdom, and Britain remains Andrew Jefferys, Chief Executive and advancement; and promoting developments as the one of our most important trading Officer,Oxford Business Group, inclusive development and exit process unfolded partners, the largest source who spoke at the launch of the respecting diversity. and underlined the market for our primary industry, Annual Economic Review Report importance of a common and a vital source of assistance on Trinidad and Tobago 2016, References: and structured approach on legal and financial matters.” by the Oxford Business Group 1 http://www.worldbank.org/ that married the technical, He asserted that as the new in September. In highlighting encountry/trinidadandtobago/overview political and diplomatic. Chairman of the 15-member the underlying strength of the 2 Ibid. • Heads of Government regional integration movement, local economy, Jeffreys noted 3 Issue 19 Inside Foreign Affairs emphasised that the he must make clear “my position that “the global economy is still pp. 9 www.foreign.gov.tt United Kingdom and the on the exit of the UK from the EU; recovering from the lingering 4 Issue 19 Inside Foreign Affairs European Union remain and to suggest what CARICOM impacts of the financial crisis. In pp. 10 www.foreign.gov.tt strong and valued partners needs to do urgently in response Trinidad and Tobago, the tools for 5 Trade Policy and Strategy 2013- of the Community. to this seismic eruption in recovery are ready and available, 2017. http://www.tradeind.gov.tt Sue Onslow, a senior lecturer the European Union, and the and we believe that the country at the Institute of Commonwealth consequent inevitable shift in is taking many of the steps that Studies posits that “by voting international relationships.” will create long term growth.” He to leave the European Union, So CARICOM has its eyes on spoke favourably of the country’s Britain’s future relationship ‘Brexit’ and undoubtedly Trinidad political stability, economic

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The Bangladeshi diaspora, possibilities for why these links Brief history of Bangladeshi particularly the communities might be so strong. Finally, I immigration across the living across the Commonwealth, will make some observations Commonwealth hold a special place in my heart. surrounding domestic political The history of Bangladeshi Whether it has been migration behaviour and how the diaspora immigration into the UK for economic reasons, or in have engaged with their and other parts of the the case of my mother, fleeing relatively new political settings. Commonwealth can often be political persecution, different I hope this short note is able to difficult to trace, due to the wings of my family have found inspire others to contribute more levels of resource afforded to support in countries such as data and context to strengthen the census in each country. the UK, India, Canada and our collective understanding That said, it is clear that the Hon. Tulip Siddiq Singapore. of this crucial facet of the respective populations have MP is the UK Member I remain close to Bangladesh, Bangladeshi diaspora. an extremely wide range in of Parliament for the returning to visit relatives size. In the UK and Malaysia, and friends as often as I can. Bangladeshi Diasporas exceed constituency of Hampstead However, as one of our family and Kilburn in north London. members to become a political Commonwealth Approx. Approx. Elected in May 2015, she has representative outside of Countries Bangladeshi % of total served on the Women and Bangladesh, I am also able to keep track of events through (partial list) Population population Equalities Select Committee. the diaspora in Britain. This Before her election, she experience has motivated me United Kingdom ~530,000 ~0.8% was a Camden Councillor to examine more widely how and a Cabinet Member for the diaspora has taken root in different countries and how a Malaysia ~530,000 ~1.8% Culture and Communities. surprising number of members Her professional experience of communities overseas remain included working at actively engaged in Bangladeshi Canada ~100,000 ~0.3% Amnesty International, politics. In this note, I will outline Save the Children, the the historic and current extent Singapore ~90,000 ~1.6% Greater London Authority of Bangladeshi emigration. and Brunswick Group LLP. I will then turn to how these communities have integrated She is a fellow of the Royal Australia ~60,000 ~0.3% into their new societies, as it Society of Arts. Tulip was provides important context born in South London, and for the nature of political Trinidad and Tobago ~4,000 ~0.3% spent her early childhood involvement to date. Then, I in Bangladesh, India and will discuss how political links with Bangladesh have been Singapore. maintained, exploring the New Zealand ~2,000 ~0.1%

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half a million people, whereas in born wave of immigration is when the massive flow towards migrant workers in the Peninsula, New Zealand and Trinidad and exceptional only in that it has Middle Eastern countries Sabah and Sarawak. Tobago, estimated populations been sustained across several dropped due to the Persian Gulf In Kuala Lumpur, commercial are less than 5,000. decades. War. This relationship is set to sites such the ‘Bangla Bazaar’ In Britain, the Office of In Canada, the High expand dramatically in the years provide a positive case study of National Statistics (ONS) Commission in Ottawa states ahead with bilateral agreements inter-ethnic ties and relationship analysis of census data reveals that there are around 100,000 between the two Governments with Malay neighbours. At that the largest increase in the Bangladeshis. The highest overseeing around 1.5 million the Bazaar, Bangladeshi Bangladeshi population occurred concentration of populations workers arrive in Malaysia to music, cinemas or dramas in after the 1971 War and the being in areas adjacent to East fulfil employment contracts the Bangladeshi-Malay joint- 1975 military coup, with sharp Toronto, such as Scarborough, in the construction, service, ventured shops are common, increases throughout the 1980s. Victoria Avenue and Danforth. manufacturing, and agriculture and typical of the ever-growing The 1991 Census recorded The 2011 Canadian census sectors. closeness between the ethnic 104,000 Bangladeshi-born, reveals around 25,000 groups that now form Malaysia’s compared to 48,000 in 1981 - a Bangladeshis live in these areas. The immigrant journey and workforce. rise of 118%. A significant proportion of this experience in new countries In Britain, it is clear that the In the 2011 Census, 98,000 population moved to Canada Beyond the numbers, an Bangladeshi diaspora’s path of Bangladeshi-born people stated during the 1980s, but many interesting picture lies in the integration is following the path that they arrived in the UK before moved in the 1960s, simply varied experiences entailed in of immigrant communities that 1991; this was 94% of the to benefit from the excellent attempts to integrate into new have arrived before them. number of Bangladeshi-born higher education provision in the surroundings. Typically speaking, the ‘story’ recorded in the 1991 Census country. Broadly speaking, the for foreign-born residents (104,000). This suggests that In Malaysia, the relative Commonwealth’s Bangladeshi begins in inner city areas, with Bangladeshi-born who arrived geographic proximity with diaspora is typically defined by the passage of time bringing before 1991 remained in the Bangladesh has ensured a having a greater proportion of greater affluence, a subsequent UK and that many of them were diaspora presence for centuries, working class individuals than migration to the leafier suburbs, young. typified by landmarks such as their neighbouring communities. and thus a vacancy for a new The Bangladeshi community’s the Bengali Mosque, built in On average, they form larger migrant community to occupy exodus to Britain echoes similar Penang in 1803. This represents sized families, which, compared the space in the inner city. In waves of immigration in the a different era to the economic to the general populace, are of Britain, this transition reveals 20th century that have shaped migration that has shaped the much younger age. itself in a number of landmarks the British populace. Notable contemporary relationship In Malaysia, the socio-political and historical sites, which have examples include the Jewish between the two countries. ‘experience’ of Bangladeshi in effect been passed from one community’s arrival in the 1930s Bangladeshi labourer’s migrants is hard to delineate, immigrant community to another. and the Afro-Caribbean’s migration to Malaysia took place particularly as there are vast For example, the charity ‘Windrush’ generation of the on a particularly large scale differences between the Barnardo’s now occupies a 1950s. The Bangladeshi- during the period 1990-1991, economic and social settings of site in Stepney Green that

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was originally for poor white long attracted ethnic minority white Briton counterparts, with to establish itself beyond the boys in the 19th century. communities. The 2011 census 72% of Bangladeshis reporting service sector and into broader Upon the arrival of Jewish shows South Asian communities an exclusive “British” identity, in Canadian life. Specifically, European communities after as together forming one of the contrast 72% of white Britons the Bengali Information the World Wars, it then became “most visible minority groups” in who preferred to call themselves and Employment Services’ a synagogue. Now, it provides these areas, second only to the “English” rather than the more survey (Status of Bangladeshi education and work readiness Chinese population. expansive “British” designation. New Immigrants in Ontario: services to mostly British- The underlying assumption Employment Perspectives) found Bengali kids, mirroring the The political identity was that “Englishness” was that 32% of respondents are changing ethnic mix of the area. of Bangladeshi-born associated with “whiteness” undertaking courses to improve This pattern repeats itself communities abroad is often whereas “Britishness” denoted their qualifications with the hope around the country, even in areas distinct a more universal kind of identity of securing a job in professional with relatively small Bangladeshi The migration to Britain began that encompasses various services. populations. In Manchester, earlier than other countries cultural and racial backgrounds. This is an indicator of British-Bangladeshis make and the diaspora that settled In Malaysia, the identity of the long-term prospects the up only around 1% of the here now have families that are the diaspora is shaped by the Bangladeshi-Canadians believe population, yet have increasingly second and third generation realities of working life as a they have in their (relatively) new congregated in inner-city areas. immigrants. The sense of identity migrant and a hybrid culture home and may encourage an At the end of the war, that British Bangladeshis have has developed in the wave of evolution in political engagement Jewish asylum seekers were differs from the immigrant transnational business. Many in the coming years. concentrated in areas such as community in certain other migrants live in houses adjacent Rusholme and Cheetham Hill, Commonwealth countries where to their factory compounds, Bangladeshi political activism but as with Stepney Green, they immigrants tend to be first alongside Pakistanis, in the Bangladeshi diaspora too have become increasingly generation immigrants. Even Indonesians and Nepalese People in Bangladesh are highly dominated by British- then, the attachment to Britain workers as housemates. This political and voter turnout at Bangladeshi communities. is nuanced and presents itself has produced a distinct culture elections has sometimes been Rusholme in particular is now differently to other groups, as and makes the political identity as high as 80%. It is striking famous for the ‘Curry Mile’, a evidenced by several studies. underpinning democratic that this sense of political mile-long road of practically According to a 2009 study engagement hard to define participation and activism has nothing but curry houses. by the University of Surrey and neatly. translated even into international Similar trends take place a 2013 survey by the Centre on In Canada, the diaspora is divisions of Bangladeshi in Canada in areas such as Dynamics of Ethnicity (CoDE) younger than Britain’s, but has political parties across the Scarborough and Kensington, at the University of Manchester, a greater sense of permanency Commonwealth. where the maintenance of Bangladeshi-Britons were more than Bangladeshis in Malaysia. There are international outdoor markets and the huge likely to describe themselves as Surveys of residents in Ontario groups of the Awami League variety of ethnic stores has exclusively “British” than their reveal a community seeking and Bangladesh Nationalist

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Party in Britain, Canada, Bangladesh, thwarting the representatives are from the if the history of politics teaches Australia, New Zealand, Malaysia ambitions of the military-backed Labour Party, the diaspora’s us anything, it is that translating and Singapore. These groups interim government to force their political allegiances in the potential into participation have an elected chairperson, a political opponents into exile UK are becoming less clear and engagement requires constitution and are extremely abroad. cut. Previously, this had been accessibility, commitment and active in carrying out political The political identity of because of a choice of left- passion. Political freedoms are activities abroad. For instance, Bangladeshi people has been leaning parties, with the most often hard won and must often the Awami League in Britain has a source of many discussions. populous Bengali borough be proudly defended. over 100 people in the executive Theories vary about why of Tower Hamlets electing In Britain, where the committee and is structured Bangladeshi people are so politicians from the Respect and community now spans internally into various divisions, political in nature and one Tower Hamlets First parties. three generations, elected such as the Youth Wing, the explanation focuses on the Before the 2015 election, a representatives are becoming Student Wing, the Women’s War of Independence which BBC Asian Network/ICM poll proportionate to the population Caucus and the Awami League was only in 1971. Many people found that 24% of South Asian size. In Malaysia, there is a Lawyers Association. Various who fought in the War are still voters were undecided as to who cultural closeness that predates senior roles are staffed via alive today and the children of to vote for, and that 39% may the founding of Bangladesh, rules-based internal selections. the freedom fighters grew up have changed their minds before but the contemporary It is estimated that the Awami listening to the experiences their Election Day. However, by and relationship appears to be League in Britain has nearly parents had. large, it remains the case that defined by the demands of the 30,000 members. Anecdotally, The power of collective constituencies with large British- respective countries’ labour this is the largest Awami League memory may be strong Bangladeshi populations, such markets, rather than formal section outside Bangladesh, with because for years, there was as Bow and Bethnal Green/ local political involvement. In around 5-6,000 members in both no accountability or justice for Poplar and Limehouse, have more geographically remote Canada and Australia. the genocide that had occurred elected Labour politicians by Commonwealth countries, such The UK division of the Awami during those nine months. The considerable margins. as Australia and New Zealand, League has been successful in stifling of justice created a lot The number of British the kind of political impact seen bringing over sitting Bangladeshi of anger which in turn may have Bangladeshi elected officials, in Britain seems far off from MPs to speak at public events, contributed to a strong political while not yet fully representative becoming a reality. Canada, such as Sayed Ashraful identity. Moreover, the desire in a proportionate sense, is far with its highly concentrated Islam, Abul Kalam Azad and and very real need to foster larger than other countries in Bangladeshi diaspora in Ontario, Ashrafunnessa Musharaf. The Bangladesh’s young democracy, the Commonwealth. Canada, seems to be well placed to events are held in areas with a which has struggled with military Malaysia and Australia, to catch up with the levels of sizeable Bangladeshi community, influence and fears for electoral name but a few, are yet to elect representation in Britain. such as Mile End, East London. fairness, may also be part of the Members of Parliament of direct However, a mainstay feature As one example of effective picture and may carry sufficiently Bangladeshi descent. of diaspora communities overseas organisation, in 2007 powerful associations to cross This perhaps pays tribute to seems to be the impact of the leaders of both the Awami borders. the role that Britain has played politics back in Bangladesh, League and the BNP were within the Commonwealth, but with large-scale, often well- arrested and held in Bangladesh. Domestic democratic also indicates that significantly organised ‘international In response, the UK divisions representation of the greater involvement in British divisions’ of the Awami League of both the Awami League Bangladeshi diaspora politics may also be a result of and the BNP prevalent across and BNP lobbied British MPs In Britain, the growing number advanced integration and the the Commonwealth. It seems via grass-roots methods and of Bangladeshi-British passage of generations, as that, even where practical engaged at a professional level representatives indicates well as deliberate efforts from opportunities for local political with the international media and increased participation. There Government and political parties participation are limited (or the White House. Meanwhile, in are three Members of the to widen representation. In some perhaps because of it), political Europe and in other countries, UK Parliament who are of other Commonwealth countries, links between Bangladeshi and other local wings of the Bangladeshi origin: Rushanara I see similar trends and priorities, its diaspora will remain strong Bangladeshi parties were active, Ali, Rupa Huq and myself. There so I hope to see more members for some time yet. No doubt with the Brussels-based team have also been Bangladeshi of the Bangladeshi diaspora these relationships will evolve playing a key role in lobbying figures occupying important elected to Commonwealth as the generations interweave, for and informing a debate positions in local government in Parliaments. but I hope that links between in the European Parliament. the UK, including the Mayors of Bangladeshis at home and Collectively, these efforts made different London boroughs; a Conclusion abroad, whether they be political, an important contribution to the former Greater London Authority Wherever an established cultural or economic, stand the focusing of diplomatic pressure, member, Murad Qureshi; and Bangladeshi diaspora exists, so test of time. such that both political leaders over a hundred local councillors. too does the potential for greater were ultimately freed within Though many of these impact in political life. However,

The Parliamentarian | 2016: Issue Four | 307 In search of identity

In search of identity

The establishment of the Women’s Parliamentary Caucus in the Khyber Pakhtunkhwa Provincial Assembly in Pakistan.

The north-west region of patriarchal communities, the and rural women. Furthermore, the Pakistan is a province known Pakhtuns also are very protective women in the Pakhtun tribal belt are for its majestic mountains and of their women. But this ‘protection’ still at a dismal 12% literacy rate. The picturesque valleys inhabited by a has nothing to do with the poor literacy rate is one of the factors people famed for their hospitality, safeguarding of the lives of women that negatively affects women’s gallantry and physical beauty. out of love and care. Women are participation in development activities This is the Khyber actually considered precious of the province. Pakhtunkhwa province, belongings as they are regarded Early marriage is another bordering Afghanistan on the the symbols of Honour of the restrictive factor as girls Western side, touching Kashmir family. It is incumbent on a woman discontinue their education Meraj Hamayun to the North, Punjab on the to be chaste and pure and fully adding to the high percentage of Khan MPA is a eastern side and Balochistan protect herself and the family from school dropouts. Early marriage and Sindh to the south. critical and abusive comments. and frequent pregnancies Member of the Legislature The total area is 74,521km2 Pakhtun women complicate the multiple issues and Chairperson of the with two geographical regions, temperamentally are as strong caused by strict adherence to Women’s Parliamentary the northern mountainous and reactive as their men norms and customs imposed by Caucus in the Khyber areas and the trans-Indus plain but years of subjugation and men. Recent years have seen and minor mountains to the training in servility negatively governments investing more in Pakhtunkhwa Assembly south. The total population of affect their self-confidence and female education resulting in a in Pakistan. Starting her 22,120,132 is predominantly of self-esteem. They spend their slight improvement in the literacy political career in 1996 the valiant Pakhtuns but other lives in the small mud houses, figures and social status of by joining the newly groups, not less admirable, are rearing children and performing women. However while the social also present all over the province. tedious chores from morning and economic sectors have created Tehrik i Insaf as the It is this diversity in the till the whole family goes to seen an upsurge of women’s provincial president of its population and the resulting sleep. Sensitivity to her long participation, politically they are women’s wing, she later cultural patterns combined with working hours, ill health and still shy and hesitant to join in joined the Qaumi Watan the changing seasons, different physical needs is sadly missing. because of pressure from their land formations, multiplicity of Denied her rights to good male members as well as their Party and was elected on flora and fauna, and mouth- health, an education, a right poor financial status. In Pakistan, reserved seats for women. watering cuisine that make the to inheritance and access to as elsewhere in the world, politics Elected as the Chairperson Khyber Pakhtunkhwa province, markets and public space, the and funds are synonymous. of the Women’s one of the most attractive Pakhtun woman is reduced to Without money, it is impossible to regions of the world. Add to a ghost, invisible to the public adopt politics as a career. Parliamentary Caucus in this its strategic geographical but busy all the time like a robot Historically too politics is May 2016, since then she location and you comprehend without understanding her own also by tradition looked upon has worked tirelessly to why there has been so much importance, her individuality, her as a totally male sector as it is make it an effective forum. ‘traffic’ here for different reasons identity and her rights to live a associated with the ‘Hujra’, the which continues till this day. life of her own choice. institution for male gatherings Known for her innovative For the purpose of this article The literacy rate for women only. It is here that all planning social projects for women only the Pakhtun population and in Khyber Pakhtunkhwa is 36% and politicking take place. and children, she is the its norms, beliefs, traditions and compared to a rate of 72% for Another institution where founder of the NGO, De culture will be the focus in relation men. There is a vast difference women are barred and where to their impact on the advancement (3:1 approximately) between the men gather and exchange ideas Laas Gul. of women. Like all tribal and participation in education of urban is the mosque. Women have no

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Chairperson, Vice-Chair, General- Secretary, Joint Secretary, Finance Secretary and Media Secretary. The new cabinet set out to work on a war footing as the remaining period of the five years tenure was short and serious work needed to be done. With exemplary support from Hon. Speaker of the Khyber Pakhtunkhwa Provincial Assembly, Mr. Asad Qaiser; Hon. Deputy Speaker, Dr. Mehr Taj Roghani and the management staff of the Assembly, the Provincial Women’s Parliamentary Caucus has made tremendous progress within six months. There is now a fully-fledged Secretariat with staff and strong links have such community centres where Pakhtunkhwa (formerly North result announced, the Election been established within the they can gather for consultation, West Frontier Province) Assembly Commission calculates the ratio Assembly and outside with celebrations or local get- dates back to undivided India of male Members to each seat diverse groups and offices such togethers. As their mobility is in 1901 and it continued till for women. On the basis of this as UNDP, UN Women, British also controlled by men, they 1956 when Assemblies were calculation, the last election Council, US Consulate, Pak cannot conduct their activities dissolved. After the restoration brought ten women from Women, Democracy Reporting from a predetermined house of the Provincial Assemblies in Pakistan Tehrik i Insaf, three International and the Swiss as there may be longstanding 1970, general elections were Members each from Pakistan Development Cooperation. A quarrels, even feuds, with the held for the Khyber Pakhtunkhwa Muslim League (N), and Jamiat well planned and efficiently owners of that particular house. Provincial Assembly on 17 i Ulema Islam, two women from implemented capacity The public sector institutions December 1970. At that time, the Qaumi Watan Party and one development programme also do not encourage women number of Member’s seats in the each from Awami National Party has helped build up the to leading and important Assembly was 43, out of which 2 and Pakistan People’s Party. confidence of the Members positions. The few educated seats were reserved for women So far so good but the which has resulted in improved women who get selected to and only one for minorities. shockingly discriminatory attitude contribution to ongoing debates government jobs remain on low The present Khyber of the male Members who in the Assembly. There is also key or insignificant positions till Pakhtunkhwa Assembly is the constantly raised the issue of the a noticeable change in the retirement. Women have neither unicameral legislative body rights of ‘elected’ Members versus attitude of the male Members any role in decision making of the Khyber Pakhtunkhwa Members on ‘reserved’ seats made of the Assembly as they have nor is their role recognised, province. It was established it necessary to unite and engage in come to the realisation that resulting in some condemnable under Article 106 of the a struggle for equality and gender women are now a strong and practices which, till this day, Constitution of the Pakistan and empowerment within the Assembly. united force against all forms of prevail in most regions of the comprises one hundred and Taking inspiration from the discrimination against women. province. Women activists from twenty four Members (124), out National Parliamentary Caucus set Work has also begun on the the time of independence have of which women are elected up in the previous government, it research side for which the been protesting against these to twenty two (22) reserved was decided very earlier on that a services of the Assembly library evil practices and demanding seats and non- Muslims have Provincial Women’s Parliamentary and its staff are being utilised. their share in political decision. three (3) reserved seats. Caucus should be set up. So As we continue to strive to Their struggle finally resulted in The present Assembly has an informal setup was created achieve the seven objectives the allocation of reserved seats female members from seven which worked on vision, mission of our strategy, we are sure for women for the first time political parties elected in and objectives for the Caucus of leaving behind a legacy of under the 1956 Constitution 2013 election. Political parties with technical support from the successfully creating our identity in the unicameral Parliament give tickets to their female United Nations Development and space at least inside the comprising 300 Members and members and submit to the Programme. The first formal Assembly, due to the informed, ten (10) reserved seats for Election Commission the final election of the Caucus was held in united and collective struggle of women for a period of ten years. list of women candidates. When May 2016 which brought in a six the twenty two members of the The history of the Khyber the election is over and the member cabinet comprising of the Caucus for the rights of women.

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Communication is one of the communication is to answer it does not provide an avenue most interesting subjects to the following questions: who for feedback. Stewart Hall for affect mankind. It can make or says what; in which channel; example, posits that the model break relationships. It can retard to whom; with what effect” is too linear in its outlook and or advance the development (Lasswell, 1948, p.216). that the communication process of peoples and it can isolate In this argument, Lasswell is more circular. He therefore individuals into poverty. In this breaks down the elements developed the encoder/decoder article, the author will focus on involved in communication and model of communication the situation of persons with sees ‘who’ as the communicator in which he opines that the disabilities, using the Jamaican who formulates the message; communication process entails S enator Floyd Morris context as a point of departure. ‘what’ the content of the the process of: production; is in his fourth term as a In structuring this article, an message being communicated circulation; consumption and examination will be made on is; the ‘channel’ as the medium reproduction (Hall, 1972). Jamaican Senator, serving some of the theoretical issues through which the message is From the latter definition and as President of the relating to communications communicated; ‘whom’ is the approaches for communication Senate (2013-2016). He and how they apply to persons individual recipient or audience as articulated by Hall, we have was the first blind person with disabilities. The author and ‘effect’ is the outcome seen a more targeted and will then examine what and of the message. This theory focused approach in order to to become President of who constitutes a person with as articulated by Lasswell get effective communication. the Senate. He holds a a disability and examine the has been widely utilised by In this context, communication Master of Philosophy in communication challenges intellectuals and is recognised practitioners, especially Government and BA in confronting persons with by communication scholars such those in the realm of political disabilities. An example will also as McQuail and Windhal, 1993. communication; have been Mass Communication be outlined of how the Jamaican The theory on communication adopting a more systematic from the University of the Parliament has implemented as posited by Lasswell, even and scientific approach towards West Indies. His research measures to communicate to though basic in its formulation; developing their communications looks at the inclusion of one of the distinct groups within is important to this article plan as a means of making it the community of persons with because for us to understand more targeted and focused. persons with Disabilities disabilities in Jamaica. The author how to effectively communicate Scientific modellings, such in Jamaican life. He will conclude by making some with vulnerable groups, we as polling, have been used runs an international recommendations as to what have to understand how the to solicit information from an consultancy, presents a strategies governments should communication process works. intended audience on specific use to effectively communicate In this context, we have to issues in order to craft a talk radio show and is a with this vulnerable group understand who is speaking communication strategy. This member of the National in Jamaica and the broader and delivering the message; the is what Habermas regards as Advisory Board for English-Speaking Caribbean. content of the message being “strategic communicative action” Persons with Disabilities delivered; who are the persons (Habermas, 1985). Theoretical Considerations the message is intended and What we have not seen, in Jamaica. He is married In his 1948 article titled ‘The what the effects are having on especially in the Jamaican to Shelley-Ann, is a sports Structure and Function of the intended audience. context, is a use of this modern enthusiast and a deft Communication in Society’, It must be noted that critics approach to communication to domino player. His motto Harold Lasswell postulated of the model as adumbrated by develop specific communication the view that: “A convenient Lasswell have indicated that the strategies for vulnerable groups is “It is nice to be nice.” way to describe an act of theory is incomplete because such as persons with disabilities.

310 | The Parliamentarian | 2016: Issue Four TOWARDS ESTABLISHING A MODEL POLITICAL COMMUNICATION STRATEGY FOR PEople WITH DISABILITIES

the quality of life of these disabilities, Lasswells’ theory individuals. It has been argued of communication, Marshall globally that the closer political McLuhan’s theory of ‘The media representatives are to persons is the message’ and that of with disabilities, the more likely Stuart Hall, a model can thus there will be inclusive policies be developed to communicate for members of this community programmes and policies for (Shapiro, 1994). A significant the members of this vulnerable 15% of the Jamaican population community. is therefore isolated from the The model is undergirded by democratic process as their the principles of participation, needs are not being met by inclusion and non-discrimination Jamaican society. (PIN). Persons with disabilities must be allowed to effectively Sign Language and the participate in the public sphere Jamaican Parliament and for their voices to be heard After 52 years of gaining and acted upon. They must political independence, it was be included in the decision not until 2014 for example, making process and allowed to that citizens witnessed Sign demonstrate their true potential. Language being introduced Their rights must be respected in the Parliament. There was and no form of discrimination Who are Persons with with disabilities is significant a major disconnect between must be displayed against them. Disabilities? in the context of Jamaica. It is the highest decision making In developing this model, In any society, persons with estimated that close to 400,000 institution of the country and the first step is to identify the disabilities constitute an persons with disabilities are members of the community of audience and to determine extremely important group and living in the island. These persons with disabilities. where they would find even more so in the context of disabilities cover: blindness; Upon assuming the office of themselves in the ongoing politics. Politics is a numbers deafness; mental illness; physical President of the Senate in 2013, political communication dialogue game and every voter should disabilities; intellectual disabilities the author of this paper triggered of ‘freedom’ and ‘order’. Persons count. To ignore any potential and learning disabilities. an initiative to commence with disabilities are vulnerable group is to place one’s political Persons with disabilities Sign Language in the Senate. individuals and because of their fortunes at serious risk. living in Jamaica are confronted This was started as a pilot and vulnerabilities, their interest According to the United with various challenges. These after six months, it was also would tend to gravitate towards Nations Convention on challenges have come about implemented in the House of policies and programmes that the Rights of Persons with due to stigmas and various Representatives. All the sittings would advance their personal Disabilities (UNCRPD): “Persons sociological barriers confronting of the House of Representatives development. The perspective with disabilities include those them (Gayle-Geddes, 2015). and the Senate are now utilizing of ‘order’ stresses the emphasis who have long-term physical, The negative attitudes and Sign Language so that members on economic management and mental or sensory impairments stigmas that affect persons of the deaf community can that there has to be economic which in interaction with various with disabilities comes largely fully understand what is taking growth before any form of barriers may hinder their full and because of portrayal in place in the Parliament. Such an development can take place. effective participation in society institutions of socialization such initiative is well appreciated by The perspective also advocates on an equal basis with others” as the media (CAB, 2005, p.5-6). the members of the community for the market economy to be (United Nations Convention Most individuals within society of deaf persons as they believe implemented in all its forms. on the Rights of Persons with do not come into direct contact that their communication This would not be in the interest Disabilities, 2007, p.4). with persons with disabilities on needs are being attended to of persons with disabilities and The Disabilities Act 2014 of a daily basis. Their views and by the highest decision making hence, the ‘freedom’ perspective Jamaica states: attitudes are therefore shaped institution of the country. would be more appropriate. “Persons with disabilities by the images portrayed in the They are now able to access The ‘freedom’ perspective include a person who has a long- media and through journalists information on important national places greater emphasis on the term physical, mental, intellectual who are presenting the stories issues such as the Budget civil liberties and the need to or sensory impairment which within these institutions (Haller, that spells out the income and place people at the centre of may hinder his full and effective 2000, p.274). expenditure of the country. development. Recognising the participation in society on an The problem is further varied challenges confronting equal basis with other persons” compounded due to the lack The Model persons with disabilities, their (Disabilities Act 2014, p.5). of consistent, strategic public Recognising the peculiarities needs cannot be left up solely to The population of persons policy, designed to improve of the different types of market forces. Political leaders

The Parliamentarian | 2016: Issue Four | 311 TOWARDS ESTABLISHING A MODEL POLITICAL COMMUNICATION STRATEGY FOR PEople WITH DISABILITIES must take this into consideration In formulating programmes in their communities; information not own a television set. in developing programmes and and policies for persons with flows more effectively. (Morris, 2010). policies that will attract these disabilities, leaders must give them Political leaders must also The production of the citizens to the political process. the opportunity to participate in be aware of how to reach these message is also of fundamental The next step in the model is to fora where the decision making individuals and how persons with importance to this model of formulate policies and programmes is taking place. They must be disabilities access information. In communicating with persons with that would fit the needs of persons included in the political parties, a study conducted by this author disabilities. In this respect, those with disabilities. Persons with Parliament, Cabinet, statutory on sexual and reproductive health who are charged with preparing disabilities are likely to respond boards, school boards and any of persons with disabilities in the messages of political leaders positively to political leaders if they other such institutions that will be Jamaica in 2010, some clear and their political organisations are of the view that their interests required to make decisions that indications were given as to must take into consideration are being served. The formulation will impact them on a daily basis. the varied means by which the peculiarities of persons with of programmes and policies and This will give credence to the persons with disabilities access disabilities. Different types of legislations that would address the international slogan for persons information in Jamaica. disabilities warrant particular needs of education, employment, with disabilities ‘Nothing about us, The following information was treatment in order for the access to public infrastructure are without us.’ extracted from the study: message to have the desired likely to bring about significant Knowing how and where to • 66.7% of the respondents effect on this population. political benefit for a leader and reach these individuals is another owned a cellular phone Take for example, due care his/her political organisation. The critical step in this model. In this compared to 33.3% who did must be given to the inclusion formulation of these programmes, regards, persons with disabilities not own a cellular phone. of Sign Language and Close policies and legislations must be must be organised in units where • 49.3% of the respondents Caption in the production of any done in consultation with persons they can be easily reached. It has were able to send and message for political leaders with disabilities as the need for been demonstrated in political receive text messages and their political organisations: inclusivity is paramount to this studies that wherever there is an on their cellular phones, deaf persons are visual group. organised approach for citizens compared to 44.1 % who communicators and require the could not send message that is intended for Table of medium and format for messages for Persons and receive text them to be produced in such with Disabilities (PWDs) messages on accessible formats. their cellular The featured table gives Type of Disability Format Medium of Choice phones. an indication of the types of • 31.3% of the disabilities and the format and Audio Radio respondents medium in which messages Television had access to should be produced for persons the internet with disabilities. Blindness Braille Brailed magazines compared to In the implementation of this Websites with 68.7% who did model, it is also important for speech recognition not have access an avenue to be established for features to the internet. vetting of the production of the • 35.8% of message by selected members Television the respondents of the targeted group. Those who Deafness/Hard of Close Caption Print could send and are charged with the production Hearing Sign Language Social Media receive emails of the message must ensure that while 64.2% there is accuracy in the language could not send being used and that there is Radio Mental Retardation/ Simple audio and and receive no offensive language in the Television Intellectual Disabilities TV emails. production. It is also important Social Media • 67.9% of the to send a signal of inclusion respondents and participation among this Simple audio and had a radio vulnerable community. TV Radio compared to The final step in the model Dependent on Conditional Print Learning Disabilities 32.1% who did is the identification of a specific the nature of the Television not have a radio. reputable individual from within learning disability, Social Media • 80.9% of the the different disability units to print can be used. respondents liaise and provide feedback owned a to the leaders and their Audio television set political organisations. This is Physical Disabilities Visual All forms of Media compared to important in order to ensure Print 19.1% who did that the leader and his or her

312 | The Parliamentarian | 2016: Issue Four TOWARDS ESTABLISHING A MODEL POLITICAL COMMUNICATION STRATEGY FOR PEople WITH DISABILITIES

political organisation can make organisations is novel and relevant. vols.). Cambridge: Polity Press. Above and above left: For the necessary adjustments The model is anchored on Habermas, J. (1989) The Commonwealth Day 2016, dependent on the response of the the principle of participation, structural transformation of the public under the theme of ‘An Inclusive broader community of persons inclusion and non-discrimination sphere. Boston: MIT Press. Commonwealth’, the Parliament with disabilities to the message. (PIN). It is grounded in the Habermas, J. (2006) Political of Jamaica focused attention In concluding, it is important to theories of communication as communication in media society on the inclusivity of people with note that political communication articulated by Lasswell, Hall – does democracy still enjoy an disabilities as a result of the is a relatively modern science. and McLuhan and constitutes epistemic dimension? The impact estimated 10% of Jamaicans Years of research have contributed a major step in communicating of normative theory on empirical and over one billion people to it giving a more strategic and programmes and policies by research. Communication Theory across the world living with focus approach to communicating political operatives to persons 16(4): 411–26 disabilities. Young people government’s programmes and with disabilities. Hahn, D. F. (2003) Political with disabilties came together policies to citizens. There has been Communication: Rhetoric, with Parliamentarians and a significant improvement from References: Government, and Citizens (2nd Ed). Parliamentary staff to celebrate the old time ‘hit or miss’ approach Canadian Association of N.p.: Strata Pub Commonwealth Day. to communication. Through the Broadcasters. (2005) The presence, Hall, S., Hobson, D. Lowe, A. and utilisation of various theories, portrayal and participation of Willis, P. (1973) Culture, Media, Quarterly, 36(2), 176-187. such as that of Lasswell, Hall, persons with disabilities in television Language. N.p.: Birmingham: Centre McLuhan, M. (1964). McLuhan, Habermas and Hahn, programming: Final report. for Contemporary Cultural Studies. Understanding Media: The Extensions those who have been entrusted Canadian Association of Haller, B. (2010) Representing of Man. New York:McGraw-Hill. with the responsibility of designing Broadcasters & RTNDA (Association Disability in an Ableist World: Essays Ministry of Labour and Social messages for political leaders and of Electronic Journalists) (2005) on Mass Media. Louisville, KY: Security. (2014). Disabilities Act their political organisations have Recommended guidelines on Avocado Press. 2014. Retrieved from http://mlss. been enabled to have more pointed language and terminology -- persons Haller, B. (2000) If they limp, gov.jm/ and results based communications with disabilities: A manual for news they lead? news representations and Morris, F. (2010). Sexual and campaigns. Notwithstanding professionals. the hierarchy of disability images. In reproductive health of persons this, limited attention has been Dahl, R. (1971) Polyarchy, Dawn O. Braithwaite and Teresa with disabilities in Jamaica. UWI. placed on the need for developing Participation and Opposition. New L. Thompson (Ed.), Handbook of Unpublished. specific models to communicate Haven: Yale University Press. communication and people with Statistical Institute of Jamaica with persons with disabilities. The Dunn, H. (Ed.) (2012) disabilities: Research and application (2002). Retrieved from http:// World Health Organisation (WHO) Ringtones of opportunity: Policy, (pp. 273-287). Mahwah, New Jersey: statinja.gov.jm/ indicates in its 2010 report that technology and access in Caribbean Lawrence Erlbaum Associates. United Nations. (2007). approximately one billion individuals communications. Kingston: Ian Lasswell, H. (1948) Bryson, Convention on the rights of persons across the globe are living with Randle Publishers. L., Ed. The Structure and Function with disabilities. Retrieved from some form of disability (WHO Gayle-Geddes, A. (2015) of Communication in Society. The http://un.org/ 2010). This sizable portion of Disability and Inequality: Socio Communication of Ideas. New York: World Health Organisation. the world’s population cannot be Economic Imperatives and Public Institute for Religious and Social (2010). World report on disabilities. ignored and it is within this context Policy in Jamaica. New York: Studies. P. 117. Retrieved from http://who.org/ this attempt to develop a model for Palgrave Macmillan. McCombs, M. And Shaw, D. communicating political decisions Habermas, J. (1984, 1987) (1972) The Agenda-Settings of by leaders and their political Theory of communicative action (2 the Mass Media. Public Opinion

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PARLIAMENT AND THE NUMBERS1

“One man with courage will have 17 members, one less Tea Party The Canberra Times makes a majority”2 than the number in the previous editorialised: “No-one is throwing House of Assembly. It has, tea leaves into Lake Burley Griffin, “An inch is as good as an ell” (an therefore, been kept small. That but it appears the mood towards “ell” was a former measure of reflects community preference for self- government is changing in length, used mainly to measure a small legislature.”4 favour...69% wanted some form of cloth; originally calculated from The ‘community preference’ self-government and 27% wanted the length of a man’s forearm, Mr Langmore referred to was none at all. This is a big change it was later standardized at 45 presumably the 1978 plebiscite from the 1978 referendum.”6 inches in England and 37 inches of ACT residents. The plebiscite in Scotland)3 presented the following three The numbers as determined Mr Tom Duncan propositions (results in brackets): by the Federal Parliament is the Clerk of the Introduction • That self-government be During the debate on the self- Legislative Assembly The number of members in the granted to the Australian government bills in the Senate, of the Australian Legislative Assembly for the Capital Territory by delegating the Minister representing the Australian Capital Territory (the functions to a locally Minister for the Territories, Capital Territory and is ACT Legislative Assembly) elected legislative body in Senator Hon. Graham Richardson, the current Regional increased after the elections the stages set out in the made reference to the numbers Secretary for the CPA held on Saturday 15 October statement, published in the in the Assembly that would be Australia Region. 2016 from 17 Members to Commonwealth of Australia an appropriate size for the new 25. This paper examines how Gazette on 24 October 1978, legislature, stating: “If one looks at long it has taken for the ACT for the purposes of sub-section the public concern expressed in Legislative Assembly to increase 43(1) of the Referendum (Self- the course of debate over the last in size and compares it to other government) Ordinance 1978. year or so, one sees that clearly jurisdictions within the region. (30.01%). one of the concerns most often It also looks at some of the • That a locally elected legislative expressed is the need to make reasons for the increase in size body be established in the sure that the new government is and the ratio of non-executive Australian Capital Territory not too big, that it does not cost too and executive members. with local government-type much money. Government is an legislative and executive expensive business these days... Numbers in favour or functions. (5.63%). Table 1: details Australian and against self-government • That the present selected Pacific Legislatures The ACT Legislative Assembly arrangements for governing and shows the year they were was created by an Act of the the Australian Capital established, the year when they first Federal Parliament in 1988 – the Territory should continue for increased in size, what percentage increase there was and what Australian Capital Territory (Self- the time being. (62.7%).5 the population was at the time Government) Act 1988. That It is interesting to note that the increase was made. As can Act provided for a legislature a decade later The Canberra be seen from the table, there is comprising 17 Members. Up Times commissioned an opinion significant variation in the amount of time that Legislatures have taken until the passage of that Act, poll in November 1988 posing a to increase their size. This reflects a House of Assembly that series of questions, one of which the fact that each jurisdiction will had 18 part-time members was: “Given the choice, what make choices based on a range performed an advisory function type of self- government would of factors – population, economic circumstances and political and reported to the Federal you most prefer for the ACT?” considerations are no doubt high Minister for the Territories, so Respondents indicated: amongst those factors. For the the proposed number was one • No self-government (i.e. no Australian Capital Territory, 27 years less than the previous model. change) - 27% is somewhat longer than other States and Territories in Australia. The then Federal Member for • Limited self-government (like a Fraser, John Langmore MP, local council) - 38.7% Key: remarked on this fact speaking • Full self-government (like a LA = Legislative Assembly to the Australian Capital Territory state) - 30.8% LC = Legislative Council HA = House of Assembly (Self-Government) Bill 1988 on 3 • Undecided - 3.5% HR = House of Representatives November 1988: “The Assembly In a reference to the Boston SEN = Senate

314 | The Parliamentarian | 2016: Issue Four PARLIAMENT AND THE NUMBERS 12 1 : 625 1 : 691 1 : 543 1 : 200 1 : 3,599 1 : 5,311 1 : 5,293 1 : 1,638 1 : 2,249 1 : 3,001 1 : 6,827 1 : 16,219 to population 1 ; 7,431 / : 7,597 1:65,410 / 1:13,409 Ratio of Members 11 9,374 4,000 10,310 63,883 128,860 132,784 741,142 179,967 210,076 405,477 8,045,570 Population at time of increase 367,166 / 195,794 349,250 / 379,871 805,424 / 873,965 - 4 21 24 45 48 10 10 27 18 29 / - increase establishment and No. of years between - 25% 31% 47% 5.6% 8.3% 33% / - 100% / - 16.6% / - 64% / 66% 43% / 36% 20 / 24 Percentage 177% / 42% 27 / 16 66% / 100% increase (%) 23.7% / 31.7% 20 / 23 15 19 39 20 LA 25 LA 25 47 / 50 increased LA 72 / LC 30 LA 50 / LC 30 LA 86 / LC 42 HA 36 / LC 16 HA 46 / LC 24 LA 108 / LC 32 HR 123 / SEN 60 No. of MPs when - 1982 1987 1999 1880 2013 1949 2016 1900 1875 in size 1885 / - 1888 / 1877 1994 / 1997 1876 / 1881 Year of increase 36 38 12 18 20 LA 19 LA 17 established LA 26 / LC 21 LA 54 / LC 32 LA 30 / LC 15 LA 60 / LC 30 HA 30 / LC 16 HA 36 / LC 24 HR 75 / SEN 36 No of MPs when 10 1861 1978 1856 1968 1989 1901 1974 1974 1856 1856 1977 1890 1857 1978 Year established Jurisdiction Queensland Northern Territory New South Wales Tasmania Nauru Kiribati Australian Capital Territory Australia Federal Niue Western Australia South Australia Solomon Islands Victoria Tuvalu TABLE 1: INCREASE IN SIZE OF AUSTRALIAN AND PACIFIC LEGISLATURES FROM WHEN THEY WERE FIRST ESTABLISHED

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I think what is contained in the Bill At what stage do you decide the Assembly, and particularly the Table 2 sets out the ratio of [17 Members] now in fact directly to adjust the size of the ministry, poses a significant risk to Executive to Non-Executive meets that community concern.”7 Legislature? good government in the ACT.”14 (Backbench) Members in Australia and selected The then Federal Liberal By the time of the increase to 25 Whilst population is often seen Commonwealth Legislatures. Opposition also supported 17 Members in 2016, it will be 27 as the compelling reason why an Members, and, in discussing years since the Assembly was increase in the size of a legislature not been an increase in the size whether the new legislature established. I thought it would be is warranted, another factor that of the Legislature commensurate should have the power to change interesting to see if that was too may need to be considered is the with the 50% increase in the size its own numbers, it suggested early or too late in comparison to ratio of Ministers to non-executive of the Executive over the past four that the clause requiring both the other legislatures who have also Members. Over the past 20 to 30 Assemblies. Commonwealth and the ACT chosen to adjust their size. years, there has been a steady Is it the right time for the ACT Legislative Assembly to agree on increase in the number of Executive Legislative Assembly to increase any increase was appropriate. The Is there an ideal number of Members, especially with the its size? Is the quantum of the Shadow Minister in the Senate, Members? creation of Parliamentary Secretary increase, taking into account the Senator Hill, observed that: “We The Expert Reference Group in and Assistant Minister roles, but ratio of Ministers to members, are anxious to restrain any rapid Australia (comprising the Electoral with no increase in the size of the appropriate? Only time will tell, but enlargement of this body.”8 Commissioner, the Chair of the legislature. When the Assembly judging by the experience of other On 4 March 1989, following the Remuneration Tribunal, a Professor increased its Executive from five legislatures, it seems about right. passage of the Self-Government Act from the University of Canberra, Ministers to six in 2014 (with the (passed with support from all major an Executive Chairman of a local possibility that they could appoint References parties), the first election of the ACT Construction Company and a up to nine Ministers), I compiled a 1 This paper was initially presented Legislative Assembly was held, Barrister who is Deputy Chief table outlining the relative ratios. to the 47th Presiding Officers’ and and on 9 May, 17 Members took Executive Officer of Legal Aid ACT) Clerks’ Conference in Tonga in July their places in the new Assembly. convened in 2013 for the purpose Conclusion 2016. The conference theme was It should be noted that four of the of examining the size of the ACT In the field of mathematics there ‘Navigating together the challenges for elected Members – three from the Legislative Assembly and noted that: is a special ratio used to describe modern parliaments’. No Self-Government Party and one “Calculating the appropriate number the proportions of everything 2 Andrew Jackson, 1743-1826, 3rd from the Abolish Self Government needed for a legislature to adequately from nature’s smallest building President of the United States, quoted Coalition – were elected on a fulfil its functions is as much an art as blocks, such as atoms, to the most in J Hamilton, Book of Quotations, platform to abolish the legislature. a science.”13 advanced patterns in the universe. David Dale House, 2004, p 236. A Parliament must have a Derived from the Fibonacci 3 Saying quoted in R Fergusson, The numbers as determined by sufficient numbers of Members sequence, this ratio is known, The Penguin Dictionary of Proverbs, the ACT Legislative Assembly to perform a range of tasks and among other titles, as the golden 2nd Edition, p 245. Between 1974 and 2012 functions and these are outlined in ratio. It is 1.618 or its inverse 4 House of Representatives Debates, there were 11 inquiries which various parliamentary texts. In my is 0.618. It has been proven Hansard, 3 November 1988, p 2428. examined the size of the view, at the very least, a Parliament that almost everything that has 5 ACT Electoral Commission website. Legislative Assembly, with nine must have enough members to: dimensional properties adheres to 6 The Canberra Times, Sunday 20 recommending that the Assembly • form a government the golden ratio. For example: November 1988, Editorial. be larger and two recommending • provide first minister and deputy • Honeybees – if you divide the 7 Senate debates, Hansard, 24 that it remain at its present size.9 • provide a leader of the number of female bees by the November 1988, p 2737. Some 25 years later on Thursday opposition and a deputy number of male bees in any 8 Senate debates, Hansard, 24 5 June 2014, the Attorney-General • provide a Speaker given hive, you will get 1.618. November 1988, ibid. introduced the Australian Capital • provide a Deputy and • Sunflowers - whose seeds 9 Expert Reference Group Territory (Legislative Assembly) Bill Assistant Speakers are arranged in a spiral, have 2013, Review into the size of the 2014. The purpose of the Bill was to • form sufficient committees to a ratio of 1.618 between the ACT Legislative Assembly, ACT increase the size of the Legislative scrutinise the government diameters of each rotation; and Government, 28 March 2013, p 1. Assembly from 17 Members to 25 • form a ministry sufficient to • dividing the length of your arm 10 1978 was the year of Members, with an accompanying govern the jurisdiction measured from shoulder to independence Bill providing for five electorates of • provide shadow ministers to fingertips by the length from your 11 2017 projection five Members each. On 5 August scrutinize forearm measured from elbow to 12 Ratio at time established (1974) 2014, the Assembly passed the two • provide whips fingertips usually results in a ratio was 1:200. Population by 2011 had Bills, with the increase taking effect • provide inter-parliamentary in the region of 1.618. fallen to 1611, making the ratio 1:81. from the October 2016 election. In activities Is there a golden ratio for the ideal 13 Expert Reference Group, op cit, p 2. accordance with the Proportional In its report on the size of the number of Members of Parliament 14 Expert Reference Group, op cit, p 1. Representation (Hare Clark) Legislative Assembly, the Expert relative to population? Or of Executive 15 Investopia, Fibonacci and the Entrenchment Act 1994 the Bills Reference Group highlighted that: to non-Executive Members? Maybe Golden Ratio, Justin Kuepper were passed by the required two- “Compelling evidence was provided not. But it is clear that in the ACT thirds majority of the Assembly. that demonstrated the small size of Legislative Assembly, there has

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TABLE 2: RATIO OF NON-EXECUTIVE TO EXECUTIVE MEMBERS FOR AUSTRALIAN AND SELECTED COMMONWEALTH LEGISLATURES

Parliamentary Percentage of Backbench Legislature No. of Members No of Ministers Secretaries Backbench Members Members (%)

Tuvalu 15 8 0 7 46.7%

Solomon Islands 50 24 0 26 52.0%

Tasmania - House of Assembly 25 8 2 15 60.0%

Tonga 26 10* 0 16* 62.0%

Australian Capital Territory 17 6 0 11 64.7%

Queensland 89 19 12 58 65.2%

Vanuatu 52 13 1 34 65.4%

Fiji 50 13 4 33 66.0%

Kiribati 46 15 0 31 67.0%

Nauru 19 6 0 13 68.0%

Northern Territory 25 8 0 17 68.0%

Papua New Guinea 111 33 0 78 70.0%

Western Australia - Assembly 59 12 5 42 71.2%

Samoa 49 13 0 36 73.4%

South Australia - Assembly 46 12 0 34 73.4%

Scotland 128 15 18 95 74.2%

Cook Islands 24 6 0 18 75.0%

Western Australia - Leg Council 36 5 3 28 77.8%

New Zealand 121 25 0 96 79.3%

Niue 20 4 0 16 80.0%

Australia - House of Rep 150 16 13 121 80.7%

Australia - Senate 76 6 7 63 82.9%

Victoria - Legislative Assembly 88 17 0 71 87.5%

Victoria - Legislative Council 40 5 0 35 87.5%

Canada - House of Commons 308 24 14 270 87.7%

UK - House of Commons 650 50 24 576 89.0%

South Australia - Legislative Council 22 2 0 20 90.0%

Tasmania - Legislative Council 15 1 0 14 93.9%

The Parliamentarian | 2016: Issue Four | 317 Climate Change: How can Parliamentarians effect change in their jurisdictions? Climate Change: How can Parliamentarians effect change in their jurisdictions? What is this impact of climate change on the policies that governments are developing and how can Parliaments play a role in this? How do Parliaments balance combatting climate change with sustainable development through legislation and new initiatives?

Climate change is one of the existing mechanisms of scrutiny security risks linked to climate greatest threats to global and legislative processes. change. It is one of the first prosperity and development. However, it is important to resolutions that unequivocally Due to human emissions note that climate change is ties climate change and its of greenhouse gases, the a unique issue since reform security implications. Ultimately, international community is on requires public acceptance Parliament must ensure long- a warming trajectory that will and behaviour change to term change that will last leave the world irrevocably succeed. Ultimately the power beyond changing governments; changed. Such a pathway risks to mitigate and adapt to climate as discussed in previous units, unmanageable sea-level rise change lies with the public, but climate change is a reality now Pradeep Kumar and a vastly different climate, parliament plays an essential and will continue to be in the Dubey is Principal including devastating heat role in representing short and future, requiring Parliament’s waves, persistent droughts and long-term interests, leading the consistent attention. Secretary at the Uttar unprecedented floods. The public in change, promoting The legislative process allows Pradesh Legislative foundations of human societies, green policies and holding the Parliament to have a significant Assembly in India. Mr including food and health Executive to account. influence on climate-related Dubey was educated security, infrastructure and Parliament’s job is to manage policies, particularly climate- ecosystem integrity, would be and maximize the capacity of smart development policies, by at Allahabad University in jeopardy; the most immediate government to utilize financial inscribing targets and objectives and Delhi University impact would be on the poor and resources, ensure the provision into law. Passing Bills can before joining the vulnerable. of public goods, control affect mitigation by reducing Judicial Service and Parliaments can engage in externalities, and put security the instituting legislation that the climate change agenda at measures in place. Climate reduces greenhouse gas working as a Judicial national, regional and global change affects all of these emission and increasing and Magistrate and Munsif levels. Engagement in climate roles including Parliament’s maintaining carbon sinks. Magistrate/Civil Judge change reform is integral to leadership role. Its costs will Adaptation policies can at Lucknow, Civil Courts, parliament’s objectives to increase government costs, encompass risk analysis and fight corruption and promote particularly in the short-term. It communication, disaster risk followed by positions good governance. Climate is estimated that hundreds of reduction, climate migration as a Judicial Magistrate change is a cross-cutting billions of dollars are required and coordination with relevant in Allahabad and Legal issue, affecting not only the annually for global adaptation Millennium Development Goals. Advisor to the Governor environment, but society, food and mitigation efforts. Policy design is an important supply, socioeconomics, natural In June 2009, UN General part of climate change-related of Uttar Pradesh. Mr resources, and disaster risk Assembly unanimously passed legislation. Policy makers should Dubey has attended reduction and responses. a resolution acknowledging also strive to include co-benefits and organised many With development efforts that climate change is an issue in climate change-related CPA and Presiding linked to climate change and for international security. This policies in order for the public to climate change a significant action is the inaugural effort that see that not only the climate, but Officers and Secretaries barrier to sustainable will allow all UN organisations, the society will benefit. Green Conferences in India as development, Parliament can in particular the UN Security fiscal policies can incorporate well as overseas. address climate change through Council, to address and react to laws that require some level

318 | The Parliamentarian | 2016: Issue Four Climate Change: How can Parliamentarians effect change in their jurisdictions?

of carbon and energy taxes or solar powered electricity or to account over their actions, including strengthened energy revenue from the auctioning of wind technology, for example). or lack thereof. Furthermore, security, improved health, emissions permits to go towards Parliaments can also strengthen Parliamentarians bridge the reduced disaster risk, increased social protection programmes. public or private insurance gap between constituents, access to sustainable energy, Legislators can also ensure schemes to improve disaster governments and decisions investment in clean and that short-term climate change- preparedness in the case of made at the global level. domestic energy sources, the related policies yield other extreme weather events. National legislation and creation of high-quality jobs and benefits to the public, such as To be credible, effective international agreements are better air quality. job creation or improved health and legally enforceable, these mutually reinforcing. Ahead Building the knowledge- (air or water quality) so the international agreements must of the 2015 Paris climate base and capacity of MPs public can see a return on their be transposed into national change negotiations, national and Parliamentary staff to investment. legislation, supported by legislation helped to create the engage in the climate change Climate change policies appropriate budget allocation conditions for a more ambitious agenda is the first step towards can include the promotion and robust oversight of international agreement by appropriate responses. As the or development of energy- government performance. This demonstrating what was interest in Parliament’s role in efficient projects, the transfer puts Parliaments at the heart of possible. In the future, national climate change grows, additional of energy from fossil fuel-based the response to climate change. laws will be required to maximize case studies and guidelines will or renewable sources, and Parliaments are not only effective implementation of the be developed, subsequently investment in the public sector well placed to scrutinize how commitments and contributions making such engagement easier or subsidies provided to the governments are responding made by governments in Paris. and more prevalent. public sector in order to promote to national and international Well-informed climate climate-friendly research and climate change issues, but legislation can bring significant technology (low emission cars, can also hold their executives national and local co-benefits,

The Parliamentarian | 2016: Issue Four | 319 Technical Assistance Programme promotes knowledge sharing Technical Assistance Programme promotes knowledge sharing and professional development across Pacific and Australia Regions

Report on a visit by a delegation from the Northern Territory of Australia to Niue Parliament

The Northern Territory of twinning team, consisting of The Editor of Debates Australia, a subnational then Deputy Speaker Matt oversaw the setting up of a jurisdiction, is twinned with Niue, Conlan MLA; Marianne Conaty, Liberty sound recording system a self-governing country in free Deputy Clerk; and Melissa in the Chamber, providing a association with New Zealand. Johnson, Editor of Debates, general overview of the system The Northern Territory’s travelled to Niue from 16 to to technical and administrative Electoral Act provides that its 19 August 2016 to deliver and staff. She demonstrated how to Legislative Assembly consists train staff in the use of a sound set up the hardware, how to use of 25 Members. The Niue recording system purchased by the software and record audio. Constitution allows for a 20 the Parliament of Niue under a Media representatives attended Marianne Conaty Member Legislative Assembly Commonwealth Parliamentary to take footage of the equipment consisting of a representative Association (CPA) Technical being set up and tested. is the Deputy Clerk for each of the 14 villages and 6 Assistance Programme Grant. The equipment is designed of the Legislative common roll seats. The visit followed training to expedite the production of Assembly of the Both jurisdictions are delivered to Members of Hansard, which was previously Northern Territory of unicameral. While sharing a the Niue Parliament by the recorded by the local radio similar number of Members, the United Nations Development station and then provided to the Australia, since 2013. jurisdictions are geographically Programme earlier during 2016. Assembly for transcription by Prior to joining the very different. Niue is a coral The delegation arrived in Niue Hansard staff. There was often Legislative Assembly, island of 260 square kilometres in the afternoon of Tuesday 16 a lengthy turnaround time in Marianne held located about 480 kilometres August 2016 and informally met this recording being provided east of Tonga and 560 with the Clerk of the Assembly, to Hansard staff. The new senior roles in the kilometres southeast of Samoa in Mrs Moka Tano-Puleosi, for recording system allows staff to Northern Territory the Pacific Ocean. The Northern induction and confirmation begin transcription immediately, and Queensland Territory is over 1,349,129 of final arrangements for the providing a more timely Hansard Governments. She is a square kilometres, and the third programme. service for Members. largest jurisdiction in Australia, Wednesday’s meetings The Hansard recording Solicitor and practised but the least populous. included a briefing and tour of equipment provided to the government law before In recent years there has been facilities, conducted by the Clerk Niue Legislative Assembly is taking on policy and a series of delegations between of the Assembly, and the Director a portable system run from program management the two jurisdictions, taking of the Cabinet and Parliamentary a laptop, allowing for the opportunities where they present to Services, Mrs Christine Ioane. equipment to be easily and roles. She holds degrees provide professional development The Deputy Speaker and Deputy securely packed away when in Arts, Law and Public and promote knowledge sharing. Clerk conducted courtesy calls not in use, which is particularly Administration. Both jurisdictions use existing on the Speaker of the Assembly, important in the tropical Niuean funding sources to develop Hon. Togiavalu Pihigia; the climate. The entire system packs meaningful outcomes to the mutual Premier, Hon. Toke Talahi; and into a durable and waterproof satisfaction of the twinning partners. Cabinet Ministers, Hon. Billy case with custom made foam The Northern Territory Talagi and Hon. Pokatoa Sipeli. fittings for each hardware item.

320 | The Parliamentarian | 2016: Issue Four Technical Assistance Programme promotes knowledge sharing

Sound is captured through includes the Liberty Court had heard the radio broadcast, Above: The team from Northern six AKG GN15 microphones Player, which is used by indicating that this was a Territory Assembly being connected to a Muto 8pre audio Hansard staff to play the audio worthwhile exercise. interviewed at the local radio mixer, which is in turn connected to transcribe proceedings. The The Northern Territory and station in Niue with a sign on to the laptop. Operators are system is simple to use and Niue Assemblies co-hosted display at the radio station. able to monitor the progress of contains a number of features, an official dinner at R’Linnas recordings through the recorder such as the ability to lock files Restaurant on the Wednesday Legislative Assembly and the software and adjust sound levels of in camera proceedings. night for all Members and senior Northern Territory twinning through the mixer where required. Operators are also able to officials. This was an opportunity delegation on Thursday 18 The recording system isolate any of the four channels for informal networking and August. Mr Speaker Pihigia provided is a four-channel High to assist with transcription discussions about issues of chaired the meeting and Mr Criteria Liberty Court Recording where a number of people are mutual concern in our small Deputy Speaker Conlan formally System, which is currently speaking at once. jurisdictions. In the lead-up to handed the commissioned used in a number of Australian The Editor of Debates the delegation, the twinning equipment over to the Niue Parliaments, including the prepared a manual with step by team researched Niue and were Legislative Assembly. This Northern Territory. The recorder step instructions in how to use intrigued by the phrase, Fakaholo meeting also provided an has a bookmarks function, the equipment. fakasekiseki he po neke mapela opportunity to consolidate the allowing operators to keep a The twinning team appeared e tau uga! This means ‘Be careful previous day’s training in the use log of proceedings. Operators on a popular afternoon drive of ugas (coconut crabs) when of the recording equipment as can also use headphones to time radio programme on driving at night!’ The team took well as allowing Members to see hear audio as it is recorded, Wednesday afternoon, providing heed and ate them at R’Linnas the system in action, as it was allowing the operator to make more information about the instead, along with other tasty used to record the session. adjustments to microphones and Hansard equipment and the local delicacies. The Department of the sound levels where necessary. background to the twinning Although not sitting during Legislative Assembly also The recorder also supports relationship. A number of the visit, a majority of the provided a range of resources archiving to removable media or Members and Legislative Members of the Assembly to the Niue Parliamentary staff direct network replication. Assembly staff commented attended an informal meeting in hard copy and electronic The recording system to the twinning team that they between Members of the Niue formats, including:

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• Committee manuals and systems of government, civics a chance to support twinning Above: Deputy Speaker of information on the Budget and citizenship to do so. It was an exceptional Northern Territory, Matthew Estimates process and how • copies of resources opportunity for professional Conlan formally handing over it operates in the Northern developed by the Northern development and skill sharing, the recording equipment to Territory Territory’s Parliamentary and learning how much we have Niue Parliament. • PowerPoint presentations Education Service for in common. from each session of reference and adaptation. The Niue twinning Above left: The Niue display the Department of the relationship was featured at the at the Northern Territory Legislative Assembly’s Know The Niue Speaker invited the Northern Territory’s Parliament Parliament House Open Day. Your Assembly seminar delegation and Members who House Open Day on 17 series, which give in-depth had travelled to the Northern September 2016, with almost Bottom left: Niue pins given to instruction in procedural and Territory previously to attend 1,000 visitors attending. The Members of Northern Territory legislative processes a dinner at the Scenic Matavai display featured information Legislative Assembly on Niue’s • a comprehensive suite of Resort in Alofi on Thursday night about the twinning relationship Constitution Day. outreach education resources for more informal networking as well as some facts about the developed especially for the and a dazzling display of fire Niue government and parliament, Niue Parliament, which are dancing. and Niuean culture. It also targeted at upper primary to The Northern Territory’s included Niuean handicrafts, thirty minutes into account. middle school audiences delegation wishes to express which proved to be popular Members of the Northern • a tailored teaching fakaue lahi (thank you) to our with visitors. Department of Territory Legislative Assembly PowerPoint developed with new friends in Niue for their the Legislative Assembly staff were provided with small pins current and relevant content generous hospitality. We were on hand to provide visitors bearing the flag of Niue to provided by Niue to explain encourage anyone who has with information about twinning commemorate the occasion. arrangements and about the island of Niue itself. Written This report from the Legislative of feedback from one member the Northern Territory, Australia of the public expressed some outlines the outcomes of a displeasure that the boutique Commonwealth Parliamentary vanilla produced by Niue (on Association (CPA) Secretariat display) was not available for Technical Assistance Programme purchase in Darwin. for the Parliament of Niue. Please Niue celebrated its 42nd contact the CPA Secretariat Constitution Day (anniversary [email protected] if you are of self-government) on 19 a Parliament or Legislature October 2016. Madam Speaker interested in further details of Kezia Purick of the Legislative the CPA Technical Assistance Assembly of the Northern Programmes. Territory noted the occasion in real time during a meeting of the Assembly, taking the time difference of twenty hours and

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CANADA AUSTRALIA THIRD READINGS Canadian Federal Resignations and Election Parliamentary Legislation and Challenges in Australia Federal Australia Federal Supreme Court appointments Parliament Page 326 Page 324 Page 328 New Zealand

With thanks to our Page 332 Parliamentary Report and Third Reading contributors: Stephen India Boyd (Federal Parliament UNITED KINGDOM INDIA Page 337 of Australia); Ravindra Garimella (Parliament of Select Committee Powers Bills moved for workers benefit India); Dr Jayadev Sahu and Sanctions in India Parliament (Parliament of India); Michael Dewing (Federal Page 330 Page 334 Parliament of Canada); Luke Harris (Parliament of New Zealand); Talitha Rowland (Parliament of the United Kingdom).

The Parliamentarian | 2016: Issue Four | 323 PARLIAMENTARY REPORT CANADA Canadian Parliamentary Legislation Parliamentary Legislation Canadians make to the Plan. make a clearer link between a report in which it made a Updates The changes will be phased in the budget and the Estimates, number of recommendations After dramatic last minute over seven years. which are prepared using for making the Senate more negotiations, on 30 October On 4 October 2016, Bill different accounting methods. open, inclusive and effective. 2016, Prime Minister, Rt C-22, the National Security To address the needs of the Hon. Justin Trudeau, MP and and Intelligence Committee of Changes in the House of increasing number of non- European leaders signed the Parliamentarians Act passed Commons affiliated senators, the report Comprehensive Economic Second Reading in the House In September, Alberta recommended amending and Trade Agreement (CETA). of Commons and was referred Conservative Hon. Jason the Senate rules to include a Once ratified, it will reduce to the Standing Committee Kenney, MP resigned definition of ‘caucus’, which barriers to trade between on Public Safety and National his seat in the House of would be any group of nine Canada and the European Security. The Bill would Commons in order to run for or more senators. The report Union. The following day, the create the National Security the leadership of the Alberta also recommended that all Minister of International Trade, and Intelligence Committee Progressive Conservative caucuses be provided with Hon. Chrystia Freeland, of Parliamentarians, which Party. First elected in 1997, research funding and that MP, introduced Bill C-30, would include members of Mr. Kenney served as Minister membership on committees The Canada-European Union the Senate and the House of of Citizenship, Immigration reflect the caucuses’ standing Comprehensive Economic Commons and which would and Multiculturalism, Minister in the Senate. In addition, the and Trade Agreement review national security and of Employment and Social report recommended that Implementation Act. intelligence activities. To do Development, and Minister of Senate debates be televised. On 21 October 2016, so, the Committee would National Defence and Minister On 27 October 2016, Prime the Minister of Justice and have access to classified for Multiculturalism. Minister Trudeau announced Attorney General of Canada, information. On 24 October 2016, the appointment of nine new Hon. Jody Wilson-Raybould, a by-election was held non-affiliated Senators. These MP, introduced Bill C-28, An Economic Update in the southern Alberta were the first to be appointed Act to amend the Criminal On 1 November 2016, Finance riding previously held by using a new process Code (victim surcharge). Minister Morneau presented Conservative Jim Hillyer, under which Canadians This Bill would restore the the Fall Economic Statement who died in March. The can submit applications ability of judges to use their in the House of Commons. As Conservative candidate, to the Independent discretion when imposing well as announcing significant Glen Motz, held on to the Advisory Board for Senate victim surcharges, which infrastructure spending over seat – long a Conservative Appointments. It reviewed are monetary penalties that the next few years and a stronghold – winning 70% of over 2,700 applications are imposed at the time of strategy to help companies the vote (up slightly from 69% before making non-binding sentencing. Under this Bill, find the talent they need, he at the 2015 General Election). recommendations to the judges would be able to waive announced several measures The Liberal candidate Prime Minister. The new the surcharge if an offender is to make government more took 26% of the vote (up Senators are: unable to pay. transparent. from 18%), while the New • Yuen Pau Woo, former On 6 October 2016, the First, the Parliamentary Democratic Party candidate president of the Asia Minister of Finance, Hon. Bill Budget Officer, who is got only 1% (down from 10%). Pacific Foundation of Morneau, MP, introduced now part of the Library of Turnout was roughly 44%. Canada; Bill C-26, An Act to amend Parliament, will become • Patricia Bovey, an art the Canada Pension Plan, an independent Officer The Senate historian; the Canada Pension Plan of Parliament. Second, In September, Conservative • Harvey Max Chochinov, a Investment Board Act and the meetings of the Board of Senator Hon. Janis Johnson psychiatrist and expert in Income Tax Act. In order to Internal Economy – the of Manitoba retired. palliative care; address concerns that many governing body of the House Appointed in 1990, she was • Marilou McPhedran, a Canadians are not saving of Commons – will become the longest-serving member lawyer and human rights enough for retirement, it open by default. Third, the of the Conservative caucus in activist; will enhance the maximum government will work with the Senate. • René Cormier, an arts and Canada Pension Plan Parliamentarians to improve In early October, the culture professional and benefits by about 50%, while the way it reports spending. Special Senate Committee on Francophone leader; increasing the contributions Among other things, it will Senate Modernization tabled

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• Nancy Hartling, an filled the last vacancies by Motion on First Nations representation when making advocate on issues announcing the following six children appointments to the Supreme affecting women; appointments from Quebec: On 1 November 2016, Court of Canada.” • Wanda Thomas Bernard, a • Renée Dupuis, a lawyer the House of Commons On 17 October 2016, Prime social worker and educator; specializing in human rights unanimously agreed to a Minister Trudeau put an end • Daniel Christmas, a senior and Indigenous law; motion on First Nations to the speculation when he advisor for Membertou, a • Éric Forest, the Mayor of child welfare tabled by New announced the nomination of Mi’kmaw First Nation urban Rimouski; Democratic Party member Mr. Justice Malcolm Rowe community on Cape Breton • Rosa Galvez, an expert in Charlie Angus, MP. Among from the Atlantic province of Island; the area of environmental other things, the motion called Newfoundland and Labrador. • Diane Griffin, a pollution; on the government to invest Mr. Rowe became the first conservationist. • Marc Gold, an expert in an additional $155 million for Supreme Court justice from On 31 October 2016, the constitutional law; the delivery of child welfare for that province since it joined Prime Minister announced a • Marie-Françoise Mégie, First Nations children. Confederation in 1949. further six appointments, this a family physician and On 25 October 2016, time from Ontario. They are: university professor; Supreme Court Justice Rowe took part in a • Gwen Boniface, a former • Raymonde Saint-Germain, appointments question and answer session senior police officer, lawyer a senior public servant and As reported in the previous with Members of the Senate and educator; ombudsperson for Quebec. issue of The Parliamentarian, Committee on Legal and • Tony Dean, a public policy These appointments the Government is using a Constitutional Affairs and expert; brought the standings in the new process for appointing the House of Commons • Sarabjit S. Marwah, a Senate to 44 non-affiliated, 40 Supreme Court of Canada Standing Committee on former bank executive; Conservatives and 21 Liberals. justices. The process, which Justice and Human Rights, • Lucie Moncion, is open to qualified lawyers along with representatives of an executive in the Climate change and judges from across the Bloc Québécois and the co-operative sector; On 5 October 2016, the House Canada, raised questions Green Party. He responded • Kim Pate, a human rights of Commons agreed by a vote about whether Atlantic Canada to questions about his ability expert in the area of of 207 to 81 to “support the would retain its traditional to speak French, the role of criminal justice; government’s decision to ratify seat on the Court. On 27 the Court in making law, the • Howard Wetston, a senior the Paris Agreement under September 2016, the House rights of Indigenous people public servant, lawyer and the United Nations Framework of Commons unanimously and the need to be mindful of jurist. Convention on Climate passed an opposition motion Canada’s diversity. Finally, on 2 November Change.” calling on the Government “to 2016, the Prime Minister respect the custom of regional

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International Tax Agreements Act 2016 The legislation amends the International Tax Agreements Act 1953 to give the force of law to the new tax treaty signed by Australia and Germany on 12 November 2015. The tax treaty is known as the Agreement between Australia and the Federal Republic of Germany for the Elimination of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Fiscal Evasion and Avoidance, and its protocol. The Minister for Revenue and Financial Services, Hon. Kelly O’Dwyer MP commented that “as our economy transitions to broad based growth it is important that we continue to attract foreign investment. But we need the right policy environment for trade and investment in order to take advantage of these opportunities. That is why the government has modernised its existing bilateral tax treaty with Germany to reflect changes arising from international developments.” The Minister noted that “Australians are increasingly concerned about the actions of multinational companies and high-wealth individuals who avoid paying the right amount of tax. This new agreement replaces the old agreement which was signed in 1972, bringing bilateral tax arrangements into the 21st century.” The new agreement will strengthen the integrity of Australia’s tax system and help detect and prevent tax evasion by authorising the revenue authorities of Australia and Germany to exchange taxpayer information on all taxes imposed in either country. The new agreement will also improve tax certainty for business by introducing new rules to prevent potential double taxation. Ms O’Dwyer concluded that “this new agreement will further enforce the already strong economic ties between Australia and Germany and will encourage trade and investment that will support Australian businesses and our economy.” During debate in the Senate, the Shadow Minister for Small Business and Financial Services, Senator Katy Gallagher noted that the Labor Opposition supports the legislation. Senator Gallagher commented that “the new provisions in the treaty broadly follow the OECD’s Model Tax Convention on Income and on Capital and, in doing so, broadly reflect current Australian and international tax policy settings. Importantly, in evidence to the Joint Standing Committee on Treaties, officials from Treasury stated that there was nothing within the agreement that prevents

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THIRD READING: AUSTRALIA either Australia or Germany from enacting The Minister commented that “with the Polley commented that “when Labor and the domestic laws related to tax evasion or avoidance. recent investments in cancer prevention and crossbench referred the government’s Bill to Labor welcomes that the agreement also detection, it is important that the organised an inquiry, the Member for Farrer [the Minister] establishes a framework to address international approach to population-based screening is accused Labor of a ‘hysterical tirade’. But in an tax evasion by allowing the exchange of relevant underpinned by a consistent and contemporary embarrassing rebuke of the government their information and enabling mutual assistance in the national register to monitor and support timely own Privacy and Information Commissioner collection of outstanding tax debts.” activity. There are significant efficiencies that can made six recommendations to the Senate Senator Gallagher noted that “Germany is be gained by establishing the National Cancer inquiry to fix the legislation. Some of the an important trade and investment partner for Screening Register that will not only support both loopholes identified by the Commissioner were Australia. Indeed, it is one of our top 10 trading the renewal of the National Cervical Screening alarming. For example, the government’s bill, as partners, with just shy of $17 billion in two- Program and the expansion of the National Bowel drafted, may allow the register operator to collect way trade in 2014, according to figures from Cancer Screening Program, but potentially other all the Medicare information of people who are the Department of Foreign Affairs and Trade. cancer-screening programs in the future.” on the register. Under the government’s plan this Germany is also a very important destination for In relation to privacy, the Minister noted that would allow Telstra to see all health services that Australian investment. It may surprise some in the legislation “protects the personal information a person has received, including sensitive areas the chamber to learn that Germany is actually the of individuals by prohibiting the collection, use or like mental health and sexual health.” fifth-largest destination for Australian investment disclosure of personal information in the register Senator Polley further noted that “the abroad, with outbound Australian investment outside of the circumstances set out in the Bill.” government’s own explanatory memorandum in Germany valued at $65 billion in 2014. A The Minister noted that “the register will says, Telstra will know if a person has cervical range of our largest Australian companies have a support the cancer-screening pathways by or bowel cancer, a person has a precursor to significant footprint in Germany.” facilitating invitations, sending out test kits and cancer or genetic markers that may lead to recall of participants where they agree. It will enable cancer, a woman has had a hysterectomy or a National Cancer Screening Register improved software integration with general practice, part hysterectomy, a person is transgender—for Act 2016 specialists and pathology laboratories. It will improve example, biologically a woman and has a cervix. The legislation creates a new legislative quality and accessibility of data, as well as the Certainly, this is not information that most framework for the establishment and ongoing timeliness of data capture and data matching. The Australians would be comfortable disclosing to a management of cancer-screening registers. register’s prime focus is on maintaining a complete telecommunications provider. Labor accepts that In addition, the legislation provides for the and consolidated source of screening information this information is necessary for the operation of establishment of the register and authorises the for participating individuals.” the register, but we do not accept that Telstra, with collection and use of information for the purposes Labor Senator Helen Polley noted that a questionable record of privacy breaches, should of the register and specified other purposes, such the Labor Opposition strongly supports the have Australia’s most private and sensitive health as providing healthcare to an individual. national cancer screening register. Senator information. We know that many Australians would The Minister for Health and Aged Care, Hon. Polley noted that “the creation of this register question the rationale behind giving a for-profit Susan Ley MP noted that “Australia continues will enable improvements to several cancer company access to this health data.” to have one of the highest rates of bowel cancer screening programs. The National Cervical Senator Polley commented that “Labor in the world and this government is committed to Screening Program will move from a two-yearly proposed nine amendments to improve the improving health outcomes in this area through pap test to a five-yearly cervical screening test - the government’s legislation. Labor has now dragged early detection. Bowel cancer is the second most recommendation of the independent Medical the government, kicking and screaming, into common cause of cancer deaths in Australia Services Advisory Committee. Incorporating this accepting many of those amendments. We with approximately 4,000 Australians dying each change in the national cancer screening register is understand the government will move a series of year—that is around 80 deaths each week. The expected to stop an additional 140 incidences of amendments that meet many of our demands. risk of bowel cancer increases from the age of 50, cervical cancer a year. In addition, this legislation will Remember, this is the same government yet if detected and managed early, nine out of 10 see the National Bowel Cancer Screening Program that said the Senate inquiry was a hysterical cases can be successfully treated. Currently, fewer accelerate its transition to biennial screening, with tirade and that is now having to amend its than 40% of bowel cancers are detected early.” Australians aged 50 to 70 to be screened every two own legislation. And yet the government still Ms Ley noted that “the Australian government is years by 2020 instead of 2034. Clinical trials have cannot get it right. Its legislation is still full of serious about increasing the number of Australians shown that biennial screening can prevent 300 to holes. In addition to the Labor amendments that participate in cancer screening as part of the 500 deaths a year. Labor strongly welcomes these that the government is accepting, we will move fight against cancer. Cervical cancer claims the lives improvements, which will arise from the creation of a amendments that it refused to accept. Labor’s of 250 women annually and yet it is one of the most national register.” amendments will ensure that Australians’ preventable cancers. Currently 80% of women Senator Polley, however, was critical of the personal information is collected and used diagnosed with cervical cancer have not been government’s ‘shambolic’ management of the appropriately and that appropriate penalties are screened or have not had regular screening.” privacy protections in the original Bill. Senator in place to protect all Australians.”

The Parliamentarian | 2016: Issue Four | 327 PARLIAMENTARY REPORT AUSTRALIA Resignations and Election Challenges in Australia Federal Parliament Family First Senator Bob Day pecuniary interest in any expert, independent, external flow to the second Family First resigns agreement with the Public counsel, in this case from candidate.” On 1 November 2016, Family Service of the Commonwealth Mr Jackson, widely regarded Mr Day’s resignation First Senator Bob Day otherwise than as a Member as one of the most eminent has implications for the resigned from the Senate. and in common with the other constitutional lawyers in the government because more This followed revelations on members of an incorporated country.” often than not Mr Day would 17 October that his housing company consisting of more Senator Ryan and the vote with the government. With business, operating in five than twenty-five persons shall Attorney-General, Senator the High Court reviewing the states, was in liquidation. be incapable of being chosen Hon. George Brandis QC case, a replacement for Mr Day Senator Day responded that or of sitting as a Senator or advised in joint statement that could take longer than normal it would be untenable for him a Member of the House of “when the Senate reconvenes which could delay government to remain in the Senate and Representatives.” on Monday 7 November 2016, attempts to pass legislation that he would need to resign to The government revealed the Government intends to through the Senate. focus on his business interests. that it has been renting office initiate a Senate referral of However, he did not officially space on behalf of Senator Day the matter to the High Court One Nation Senator resign at this point. There was whose company owned the pursuant to s376 of the Rod Culleton’s election speculation that he may have premises. Senator Day advised Commonwealth Electoral Act.” challenged investors willing to take over that he sold the property to While Senator Day has A day after Senator Bob Day his Home Australia building Fullarton Investments in 2013 resigned, the matter remains announced his resignation, the group, but not for long. On 1 when it became clear he could complex and needs to be government indicated that it November 2016, he advised not own the property under the adjudicated on by the High would challenge the election that “while a number of offers rules. However, it was reported Court to determine how the of One Nation Senator Rod for various parts of the Home that Mr Day’s company loaned vacancy will be filled. Mr Day Culleton. On 7 November Australia business have been Fullarton Investments money was on a group Senate ticket 2016, the Attorney-General, received, the major investor to purchase the property so Mr with one other Family First Senator Hon. George Brandis who has been examining the Day’s company is liable for the Senator so with a normal QC advised the Senate that Group’s portfolio of assets over mortgage on the property. This casual vacancy that candidate “the government proposes to the past fortnight, has decided is what could constitute the could fill the vacancy. However, move referrals to the Court of not to proceed.” indirect pecuniary interest and election analyst, Mr Anthony Disputed Returns in relation Mr Day advised that which places doubts over Mr Green raised the question to both the qualifications “accordingly I have today Day’s election to the Senate. as to whether this is a casual of Senator Culleton and tendered my resignation to The Special Minister of vacancy or a disqualification. If the vacancy created by the the President of the Senate State, Senator Hon. Scott a person is disqualified to be resignation of Mr Day.” effective immediately.” He Ryan, commented that “on a Member then they are also Leader of the Opposition concluded that “I will now August 4th, then-Senator disqualified to be a candidate in the Senate, Senator Hon. devote my time and energy to Day approached me about as well. The key point here is Penny Wong indicated the assisting those who have been the lease for his office. Upon that if Mr Day was disqualified Opposition’s broad agreement affected by the company’s making inquiries and seeking then the group ticket might with the approach taken by the closure.” advice on the background of not exist and the other Family government. This resignation, however, it and seeking internal advice, First member would not Senator Culleton’s problems has become even more it became clear there was a automatically fill the vacancy. began when he stole the key to complicated, with the potential breach of section 44 Mr Green concluded that “it a tow truck in 2014. In October revelation that Mr Day may of the Constitution. On October comes down to whether the he pleaded guilty to a charge have been invalidly elected in 7th, I terminated the lease for High Court would accept the of larceny but no conviction the first place. Section 44(v) Bob Day’s electorate office – ticket still exists or would it say was recorded. However, before of the Australian Constitution and I hasten to add, he doesn’t the ticket doesn’t exist and the election a conviction was states “that any person who have an interest in the property therefore the preferences can’t recorded against him when has any direct or indirect – and we determined to seek he failed to appear in court.

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Senator Brandis has sought struck off the ballot paper and banks, ANZ, NAB, Westpac On 1 September 2016, legal advice as to whether there would be a recount.” and the Commonwealth during question time in the Senator Culleton might have Senator Culleton indicated Bank of Australia will be House of Representatives, been ineligible to contest the that he will not vote on subject to inquiry by the the Deputy Leader of the election because under section contentious legislation until the House Economics Standing Opposition, Hon. Tanya 44(ii) of the constitution, High Court has adjudicated on Committee. This referral was Plibersek MP asked the a person cannot serve if the matter. in response to increasing Prime Minister whether he they have been convicted criticism and anger at the poor would stop his opposition of an offence that carries a Government refers inquiry performance of the banks and to a Royal Commission. The punishment of one year or into the four major banks their treatment of customers. Prime Minister responded longer. Election analyst Antony On 4 August 2016, the Prime There have been numerous that “does the Honourable Green commented that “if the Minister, Hon. Malcolm scandals involving the wealth Member really imagine court found Senator Culleton Turnbull MP and the Treasurer, management and insurance that a royal commission is was ineligible to run for the Hon. Scott Morrison MP arms of the banks which something the banks would Senate, then he would be jointly announced that have left many customers be afraid of? Does she really the four major Australian losing their life savings and imagine that the banks, with life insurance holders being all of their resources, with all denied justice. of their lawyers, will not be The Treasurer noted that the equal to a royal commission? major banks will be called to Does she really imagine that appear at least annually before Michelle, from Newcastle, the committee. Mr Morrison and Dwayne and Jenny will noted that “the appearance by be able to afford the legal the banks will ensure they have representation to defend the important opportunity to themselves, to make their transparently account for their claims in a royal commission? decision making.” A royal commission will be a The House Economics forum for the legal profession. Committee scrutinised each It will go on for years, it will cost bank for three hours between hundreds of millions of dollars 4 and 6 October. The CEOs and it will not tell us anything of each bank appeared new.” before the committee and The Prime Minister were each examined over the concluded that “what we are performance and failing of their offering is practical solutions. respective banks. It is extraordinary that here the The relevance of the inquiry, Labor Party is so cynical, so however, has been challenged populist, that it wants to exploit by the Labor Opposition that the real problems of Michelle claims the only effective way of and Dwayne and Jenny and holding the banks to account is say to them that the solution through a Royal Commission. is a royal commission. It will On 1 September 2016, cost hundreds of millions of the Leader of the Opposition dollars—not paid to Dwayne in the Senate, Senator Hon. and Jenny, not paid to Penny Wong moved that the Michelle, but paid to the legal government establish a Royal profession—and it will go on Commission to inquire into for years and years. And then misconduct in the banking what will it tell them? It will and financial services industry, tell Michelle that she got bad including their agents and advice from a mortgage broker. managed investment schemes. It will tell Dwayne and Jenny This motion was agreed to that they got bad advice from but when the resolution was a financial adviser. And it will transmitted to the House of not compensate them one cent. Representatives the motion What a cynical racket the Labor failed on party lines. Party is running, exploiting the misery of others!”

The Parliamentarian | 2016: Issue Four | 329 PARLIAMENTARY REPORT UNITED KINGDOM Select Committee Powers and Sanctions Investigative select and appeared before the committees have become committee, meaning that the increasingly prominent and committee’s powers were not powerful in recent years. formally tested, but not before The past year has been the lack of clarity had been the no exception but it has subject of prominent press not just been committee comment. recommendations which have In a similarly high profile been in the news but also the case, Sir Philip Green, question of their procedures, entrepreneur and former powers and sanctions. owner of the UK department store chain BHS, initially Recent Cases declared that he was “not Select Committees in both prepared to participate” in a Houses have the power to joint inquiry by the Pensions summon witnesses to attend. Committee and the Business, Failure to comply is therefore a Innovation and Skills contempt of Parliament. In the Committee. Sir Philip refused vast majority of cases, there to appear unless the Chair are no difficulties. However of the Pensions Committee two high profile witnesses resigned, declaring that the have this year questioned the “biased” inquiry had “not powers of committees in this even the pretence of fairness area, leading to debate about and objectivity and...has how these powers might as its primary objective the be enforced in the face of destruction of my reputation.” persistent recalcitrance. However, a few weeks later, When the Business, with the threat of being found Innovation and Skills in contempt lingering, Sir Committee first called the Philip too backed down. founder and majority owner of sportswear company, Effectiveness of Sanctions Sports Direct, Mike Ashley, to In the Mike Ashley and Sir give evidence in March 2016, Philip Green cases above following reports of poor there was ultimately no need employment practices, he to test how effective any refused and then attempted sanctions would have been. to impose conditions on his However that issue became attendance. In response, the an unavoidable nettle to committee issued a formal grasp in October 2016 when summons. The Chair, Hon. Ian the Committee for Privileges Wright MP, said “Business found that two witnesses had leaders regularly give evidence knowingly misled the Culture, to Select Committees in Media and Sport Committee Westminster without imposing and found them in contempt. conditions. This is part and Motions to this effect were parcel of living and operating moved by the Leader of the a business in a parliamentary House of Commons, Hon. democracy...the committee David Lidington MP, on 27 expects Mr Ashley to attend.” October 2016. Introducing the Mr Ashley eventually had debate, Mr Lidington said “the a last minute change of heart findings matter because Select

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Committees play an important Parliament’s restraint has led for Parliament, not enhance matter of the exercise and role in parliamentary and to doubt about the continuing it.” Others considered that enforcement of the powers of national political life. Ultimately existence of its powers… even this would not go far the House in relation to select it is voters who lose out ... the question is not whether enough and that Parliament committees and contempts” scrutiny happens effectively the Houses’ penal powers should examine the case for should be referred back to the only because of the powers exist; it is whether they can be enshrining its penal powers in Privileges Committee. and privileges afforded to enforced.” statute. Perhaps the former Chair of Members of Parliament.” There were differing views On the other side of the the Culture, Media and Sport The penalties available on the effectiveness of the argument, some Members Select Committee, Hon. John to the House in cases of motions. Some Members warned of the potential Wittingdale MP, summed contempt include summoning argued that they were difficulties that this could up the debate best when he a person to the ‘bar of the insufficient, especially as lead to with respect to finished by expressing his House’ (the boundary of the individuals concerned Parliamentary privilege. They “sympathy” for the Chairman the Chamber beyond which had made it clear they did also cautioned against relying of the Privileges Committee, guests and visitors may not not respect the Committee’s on the “theatrical” practice who, “having already spent pass when the House is at processes and conclusions. of calling those in contempt years on this matter, is now work) to be reprimanded; Indeed Hon. Chris Bryant to the bar of the House, and being compelled to go back imprisonment; and the power MP, former shadow Leader not to underestimate the to it and consider even to fine. of the House of Commons, reputational implications of a more difficult questions. I However, none of these considered that “merely finding of contempt. look forward to hearing his powers has been exercised for admonishing them through a What could be agreed on conclusions.” So will many well over a century. The Joint motion, rather than requiring by all parties was that these others. Committee on Parliamentary them to appear before the thorny issues required further Privilege noted in 2013 House, will, to all intents and consideration. The Leader of that “it is unfortunate that purposes, undermine respect the House moved that “the

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Smoke-free Environments (Tobacco Standardised Packaging) thing that the evidence shows us … is that people who see a plain packet Amendment Bill remember the message in the graphic warning a lot more clearly than they The Smoke-free Environments (Tobacco Standardised Packaging) do when it is jumbled in with the branding of the cigarette brand itself.” Amendment Bill was read for a third time on 8 September 2016, passing Mr David Seymour MP (Leader, ACT) spoke in the second reading a party vote by 108 to 13. to outline his opposition to the Bill, arguing that “What is in dispute is whether The Associate Minister of Health, Hon. Peseta Sam Lotu-Iiga or not smoking cessation is the only value that New Zealand holds. I think MP (National) explained the purpose of the Bill: “Often the choice of that there are a number of other values that are important to New Zealand, pack design and colours distracts attention away from the important including property rights and the right of a business to employ its brand.” health messages that are contained on packages, which reduces their Mrs Barbara Stewart MP (New Zealand First) explained that impact. Standardised packaging ensures nothing on the pack undermines New Zealand First opposed the Bill because “we remain unconvinced the impact of the mandatory graphic picture warnings. … The Bill allows that plain or standardised packaging is effective in reducing the level manufacturers to print information and brand names on the packs, but only of tobacco consumption. … Additionally, we are concerned about the in a tightly controlled way.” Mr Lotu-Iiga noted that the Bill was part of a potential increase in illicit tobacco …”. suite of measures aimed at reducing smoking rates: “There are increases The additional tobacco control measures were welcomed by many in taxation that I brought to this House earlier this year, and we also have MPs, with Ms Marama Fox MP (Co-Leader, Māori Party) saying: a consultation paper out on e-cigarettes, which is being consulted on “The incentive for our rising generation is an incentive of hope and the currently, but we know that much more is needed.” brightness of a future where young people today do not have to choose to Introduced as the Smoke-free Environments (Tobacco Plain give up, because they never started.” Packaging) Amendment Bill, the Bill’s title was changed following a Ms Denise Roche MP (Green Party) commented: “It is an ongoing select committee recommendation. The Health Committee Chairperson, task for the government to continue to put measures in place that protect Mr Simon O’Connor MP (National), said: “What makes it standard our citizens from smoking, because the tobacco industry needs more though is basically the text and the format, to try to ultimately take away any customers. Our job is to protect our citizens from dying, and that means we attraction that can be associated with the difference between brands.” need to reduce the number of customers that the tobacco industry hooks.” Hon. Annette King MP (Deputy Leader, Labour) said: “It might be Mr Lotu-Iiga commended the Bill to the House, saying: “In passing standardised, but it is not plain. It is graphic, and the photographs that will the Bill, this House will be on the right side of history and in good be on tobacco and cigarette packets show what can happen to people company with other countries that are going down the same path.” who smoke.” Mr Iain Lees-Galloway MP (Labour) said: “The other

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Evidence Amendment Bill Shop Trading Hours Amendment Bill The Evidence Amendment Bill, a government Bill, passed its third The Shop Trading Hours Amendment Bill passed its third reading reading unanimously on 20 September 2016. The Bill, introduced on 25 August 2016. The government Bill amends the Shop Trading on 27 May 2015, focused on better protecting vulnerable witnesses Hours Act 1990, allowing territorial authorities to make policies in court processes by making the experience less traumatic both for permitting shop trading on Easter Sunday. It also creates provisions victims of sexual violence and for child witnesses. The Bill also made requiring employers to give employees the right to refuse work on a number of amendments recommended by the Law Commission Easter Sunday without their having to provide a reason. following its 2013 review of the Evidence Act 2006. At the Bill’s third reading, the Minister in charge of the Bill, Hon. The Bill included three core changes: to improve the court process Michael Woodhouse MP (National), spoke of the Bill’s aim to for child witnesses, through the introduction of video recorded create a balance between the interests of the public, the interests of evidence; to enhance the court process for complainants in sexual shop employers, and those of their employees: “If a shop employee is offence cases; and to introduce important safeguards for video compelled to work or disadvantaged for refusing to work, the employee recorded evidence. can take a personal grievance against the employer in accordance The Attorney-General, Hon. Christopher Finlayson MP with the Employment Relations Act 2000. This Bill is a pragmatic and (National), speaking on behalf of the Minister of Justice, noted that in balanced approach, providing choice to local communities on whether 2014-15, around 450 child witnesses gave evidence in criminal court or not to allow shop trading on Easter Sunday, while giving appropriate cases, with a large proportion being complainants in sex abuse cases. protections to all shop employees who, for whatever reason, choose not He commented that “Encouraging these alternatives will help to shield to work on Easter Sunday.” child witnesses from the more intimidating aspects of the evidence- Some Opposition members questioned the ability of workers to turn gathering process, like facing the defendant in the public gallery.” down work on Easter Sunday. Ms Carmel Sepuloni MP (Labour) The Bill also places restrictions on defence counsel access to video said: “Think of the person who might be on a 90-day trial period. How record evidence. Mr David Clendon MP (Green) said: “I think it is can they go to their boss and say: ‘I’m sorry, I know you want me to critically important for the integrity of the system that when people are work on Easter Sunday, but ... I am not going to do that?’ Will they make giving recorded video evidence they are reassured that it will be used it past the 90 days if they say that to their boss? No, they will not. This for only the very specific purpose for which it is made and it is not at any Bill does not protect vulnerable workers. This makes workers more point vulnerable to being misused or abused ...” vulnerable.” Ms Jacinda Ardern MP (Labour) commented: “we know of Several Opposition members spoke of their concern about the cost course that the ability to bring up sexual history in the court process that local authorities would incur when considering and creating Easter obviously acts as a form of deterrent—there is no doubt. The question Sunday trading policies. then becomes how we can deal with that in a way that allows full Ms Denise Roche MP (Green Party) told the House that the Bill access to all the aspects of natural justice before a court, while also “...pushes extra costs on to those communities. They have to undertake balancing the very important needs of the victim. I think that, on balance, a special consultative process costing $80,000 to $100,000 before we have got it about right.” they can make a decision about it, and we heard from councils during Ms Jan Logie MP (Green Party) advanced a Supplementary the select committee process that actually do not want to be spending Order Paper to give victims of sexual and domestic violence the same that money. They asked that this government make a decision that was presumptive right as child witnesses to alternative methods of giving consistent across the country.” evidence. The amendment, though well supported, failed to pass by Members on both sides of the House noted that despite the Bill’s five votes. being subject to a personal vote, Members in almost all parties were Mr Denis O’Rourke MP (New Zealand First) told the Committee voting as a bloc. During the Committee of the whole House stage, Ms of the whole House: “It is the same rationale for young people who find Clare Curran MP (Labour) said: “Every time ... that there is a personal giving evidence very difficult. For these people in those circumstances, vote, a conscience vote, it is really incumbent on ... every Member of it is just as difficult for them, so why not extend that to people in those Parliament to really examine their consciences, because, otherwise, situations?” why do we have conscience votes? On the other side of the Chamber, Mr David Parker MP (Labour) commented that the state of the the individual consciences of MPs are not being engaged in this Bill.” Evidence Act was, in general, very good: “the fact that here we go, 7 During the third reading, Mr Simon O’Connor MP (National) years later, putting it through a review, and that we have got this few responded, saying: “All Labour Party Members, as a group, voted amendments, actually shows, I think, what a good job Parliament did in against this Bill in the second reading. All of New Zealand First voted 2006 when it passed the Evidence Act.” against this in the second reading. All the Greens voted against this in Ms Jacqui Dean MP (National) said: “we never can legislate our the second reading. I find that a very strange irony ... that somehow we way out of the pain and suffering felt by victims, but what this Parliament are being attacked … yet all the other parties seem to be voting as a is doing, rightly, is ensuring that vulnerable victims and witnesses are bloc.” better supported through their participation in the justice process.” The Bill passed it third reading, 62 votes in favour to 59 opposed.

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Bills moved for workers Bill was limited to only two benefit sections which dealt with In the 2016 July-August enhancing the working hours. Monsoon Session, two In her observation, the important Bills were passed, Speaker, Lok Sabha, Smt. one by the Lok Sabha and Sumitra Mahajan said since the other by the Rajya Sabha only two provisions in the (Council of States). The Lok present Bill were similar Sabha passed the Factories to those contained in the (Amendment) Bill, 2016 on 10 Factories (Amendment) August 2016 while the Rajya Bill, 2014, this did not make Sabha passed the Maternity the present Bill dependent Benefit (Amendment) Bill, upon the earlier Bill. As the 2016 on 11 August 2016. Factories (Amendment) Bill, The Factories (Amendment) 2016 could be brought into Bill, 2016 sought to amend the force without the coming Factories Act, 1948 in order to into force of the 2014 Bill, enhance the limit of overtime the Speaker rejected the hours from the present limit contention of the Member and of 50 hours per quarter to the Minister was allowed to 100 hours per quarter, which introduce the Bill. could be further increased to Moving the motion for maximum of 125 hours per consideration of the Bill, quarter in public interest. The the Minister informed that Bill empowered the central the main object that the government, in addition to the Factories Act of 1948 was state governments, to make to ensure adequate safety exempting rules and orders in measures and to promote respect of the total number of the health and welfare of hours of work on overtime in the workers employed in a quarter to ensure uniformity factories as well as working in its application by various hours and the regulation of state governments and union their working conditions. The territories. 2014 Factories (Amendment) Earlier, the motion to Bill introduced in Lok Sabha introduce the Bill moved by also included two sections Shri Bandaru Dattatreya, for the enhancement the Minister of State of of working hours. The the Ministry of Labour and Parliamentary Standing Employment was opposed Committee on Labour and by some Members. Shri N.K. Employment had submitted Premachandran (RSP) said its report on the Bill and a the Bill was being introduced comprehensive amendment while the recommendations bill on Factories Act, 1948 of the Standing Committee on was under consideration. The Labour and Employment on enhancement of overtime the Factories (Amendment) would give a boost to the Bill, 2014 were under manufacturing sector and examination. Shri Sankar ensure uniformity in its Prasad Datta (CPI-M) said application. since the Bill was identical The Congress Party Leader to and dependent upon the in Lok Sabha, Shri Mallikarjun Factories (Amendment) Bill, Kharge said it was 2014 pending before the Lok inappropriate to amend only Sabha it could not be taken two sections of the main Act up. Shri Dattatreya said that in the name of labour reforms the government was coming while a comprehensive bill out with a comprehensive on this subject was pending. amendment and the current He wanted to know the

334 | The Parliamentarian | 2016: Issue Four INDIA Bills moved for workers benefit in India Parliament reasons for the urgency as (CPI-M) alleged that the Bill growth of unorganized sector. would frame the required rules employment was not going to would benefit the corporate Shri Harishchandra Dwivedi in consultation with the state increase just by increasing the sector and the big business (BJP) believed the Bill would governments. working hours of the existing houses not the workers. Shri provide a fillip to industries. The Maternity Benefit workers. Since labour was Varaprasad Rao Velagapalli Shri N.K. Premachandran (Amendment) Bill, 2016 a concurrent subject, states (YSR Congress) congratulated (RSP) wished to know the cleared by the Rajya Sabha should have been consulted in the Minister for trying to reasons for urgency in inter-alia included increasing this regard, he said. implement many labour laws. amending only two sections maternity benefit to women Shri Ramesh Bidhuri Shri Kamakhya Prasad of the original Act when a covered under the Maternity (BJP) believed the increase Tasa (BJP) asserted that comprehensive bill was Benefit Act, 1961 from 12 in overtime sealing would the Bill was not anti-labour pending before the House. He weeks to 26 weeks up to two help the labourers as under as it did not make overtime feared that the amendment surviving children in order to the prevailing section an mandatory for any labourer. would confer arbitrary allow the mother take care of employee was not entitled to Opposing the overtime authority on the central the child during his/her most more than 50 hours overtime provisions, Shri Rajesh government to frame rules, formative stage. The Bill also in a three month time period Ranjan (RJD) said industries eroding the federal character sought to provide maternity even if the employee worked manufacturing fertilizers, of the Constitution. benefit of 12 weeks to the for extra hours. Shri T.G. pesticides, agriculture Adv. Joice George commissioning mother (in Venkatesh Babu (AIADMK) equipment, etc. should be set (Independent) said enhancing the case of a surrogate child) said the Factories Act, 1948 up at village, block and district the overtime hours would and the adopting mother (in permitted state governments level under the co-operative impede employment the case of adoption) from the to make rules but the present sector to provide employment opportunities and affect the date that the child is handed Bill restricted their power to to local people. Shri Dharam health of the poor workers. over. It would encourage matters only where the central Vira Gandhi (AAP) suggested Pointing out that several employers to facilitate ‘work government did not have such paying reasonable wages industries paid overtime on from home’ for a mother with powers. Shri Kalyan Banerjee to the workers forced to basic salary and dearness the mutual consent of the (AITC) termed the Bill as anti- work long hours instead of allowance thereon, Shri employee and the employer. labour and against the federal increasing the overtime hours. Vinayak Bhaurao Raut (Shiv It was mandatory in respect structure of the Constitution. Shri Kaushalendra Kumar Sena) demanded fixing the of any establishment having The increase in overtime (JD-U) wanted the Bill to be overtime rate on gross salary. fifty or more employees to hours would adversely affect sent to the Parliamentary Shri Gaurav Gogoi (INC) have the facility of a crèche the health of workers and Standing Committee for said the central government either individually or as a aggravate the unemployment detailed scrutiny. Shri B. should not dictate the state shared common facility within problem. Vinod Kumar (TRS) desired to governments to compel such distance as might be Shri Rabindra Kumar know how an increase in the labourers to work overtime. prescribed by rules and also Jena (BJD) said the central overtime hours would increase Smt. Aparupa Poddar (AITC) to allow four visits to the government was working employment opportunities. said the Bill was anti labour crèche by the women daily, overtime to infringe upon Shri Dushyant Chautala and only industry friendly. including the interval for the autonomy of states. Shri (INLD) said the Bill would Shri Bandaru Dattatreya rest allowed to them. Every Shrirang Appa Barne (Shiv increase employment hours informed that it was not establishment must intimate Sena) trusted the Bill would of only those who were mandatory for the workers to in writing and electronically help workers as in many employed in the organized do overtime and it was only an to every woman at the time of factories they were not paid for sector, ignoring a large incentive to get more wages. her initial appointment about the extra work done by them. number of people working It would facilitate an increase the benefits available under Shri Muthamsetti Srinivasa in unorganized sector. Shri in employment generation in the Act. Rao (TDP) said manufacturing E.T. Mohammad Basheer the manufacturing sector and Participating in the was crucial for both jobs (IUML) described the Bill as all issues like safety, working debate, Smt. Rajani Patil and investment and the Bill progressive one and said conditions and welfare (INC) demanded that the would promote the ‘Make the Factory Act required measures would be dealt requirement of fifty workers in India’ campaign to boost substantial changes in the with in the comprehensive for establishing a crèche be domestic manufacturing. light of increase in outsourcing amendment bill. He assured reduced to 10 and to provide Shri Sankar Prasad Datta and privatization and the that the central government 26 weeks maternity leave to

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adopting and commissioning Perween (JD-U) welcomed be made aware of their rights Pradesh state government had mothers. Shri Narayan Lal the steps made to enhance that could be availed during already made it mandatory for Panchariya (BJP) welcomed maternity leave, Shri Tapan pregnancy. Shri D. Raja (CPI) government organisations to the provision for crèches and Kumar Sen (CPI-M) asked requested the government give women six month’s leave allowing mothers to visit their the government to ensure that enact a central legislation after delivery. children four times in a day. under no circumstances, the for agricultural workers and Shri Dattatreya, in his The provision of informing working women were deprived reflect on the welfare of the reply said no employer could women workers about of maternity benefits.Smt. women employed in the remove any employee on the maternity benefits before their Sarojini Hembram (BJD) unorganised sector. ground of pregnancy. The Bill employment would benefit wanted maternity benefits Smt. Wansuk Syiem (INC) would help in increasing the women workers as most to be extended to women wanted the benefits to be working women’s workforce. of them were uneducated. working in all sectors and extended to establishments The Women and Child Smt. Vijila Sathyananth provide crèches at work employing less than ten Development Minister, Smt. (AIADMK) informed the House places even with ten or twenty persons and to cover all Maneka Gandhi said the about various women and working women. contract workers, construction Bill would help the bonding mother-friendly schemes The Minister of Women workers and call centre between the mother and child, launched by the Tamil Nadu and Child Development, Smt. workers. Smt. Vandana and a surrogate mother did government including the Maneka Gandhi (BJP) said Chavan (NCP) suggested not need that leave as after provision of financial help to the Bill was most eagerly that the requirement of a giving up her child on delivery, pregnant women at various looked forward to by women minimum of 50 employees for she would not have a child to stages of their pregnancy. Ms. of the country and this would establishing a crèche should bond with. Dola Sen (AITC) said longer go a long way towards making be reduced to 30. Ms. Anu The Bill was passed in maternity leave was likely sure that the next generation Aga (Nominated) wanted to the Rajya Sabha and once to produce health benefits of children would be healthier know whether the maternity it becomes law, it would and extending the paternity than before. Shri Ashok leave period could be shared benefit 1.8 million women leave would contribute to Siddharth (BSP) said the best between a mother and a who are part of the 28 million men and women sharing part of the Bill was that while father as that would sensitize organised workforce in the responsibilities of child care. giving appointment letters to men a little more. Smt. Jaya country. While Smt. Kahkashan women employees, they would Bachchan (SP) said the Uttar

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THIRD READING: india

The Compensatory Afforestation Fund Bill, 2016 agencies. The receipts, so arising, in essence are non-tax revenue, as Owing to the fact the diversion of forest land for non-forestry purposes are forest receipts. was causing loss to the valuable forests, the Forest (Conservation) Accordingly, to ensure safety, security and expeditious utilisation in Act, 1980 was enacted to maintain a rational balance between the a transparent manner of funds accumulated with the ad hoc CAMPA objectives of conservation and development. The Forest (Conservation) and the funds to be collected by the State Governments and Union Act, 1980 made provision for conservation of forest and to provide for territory Administrations it was proposed to enact a legislation, namely, the basic framework for regulating indiscriminate diversion or use of the Compensatory Afforestation Fund Bill, 2015 to provide for the forest for the developmental needs of a State. It intended to harmonize establishment of a Statutory Fund and a Management Authority at the development with that of conservation of forests and forest eco system. National level and at each State and Union territory. The compensatory afforestation envisaged additional plantation activities The Government accordingly brought forward the Compensatory by utilising the money deposited by the user agency for the purpose. Afforestation Fund Bill, 2016 to provide the required legal backing for Thereafter, the Supreme Court of India in its order in TN. setting up of required institutional mechanism both at the Government Godavarman Thirumulpad v. Union of India [Writ Petition (C) No. 202 of India and in each State and Union territory for expeditiously, and of 1995], dated 30 October 2002, observed that a Compensatory utilisation, in a transparent manner, of amounts realised in lieu of forest Afforestation Fund might be created in which all the monies received land diverted for non-forest purpose. from the user agencies shall be deposited. The Court directed that the Fund shall be utilised for plantations, protection of forests, wildlife Salient features of the Bill protection and other related activities. Consequently, in compliance • Provision has been made for establishment of a non-lapsable, with the direction of the Supreme Court, all monies collected under the interest bearing National Compensatory Afforestation Fund under scheme had been placed under an ad hoc Compensatory Afforestation public account of India. Further that the National Fund shall be Fund Management and Planning Authority (CAMPA) and deposited in under control of the Central Government, to be managed by the the nationalised banks. National Authority. Provision has also been made (i) for transfer of Subsequently, the Supreme Court in its Judgment dated 26 funds placed under the ad hoc Compensatory Afforestation Fund September 2005 in the aforesaid case observed that the fund Management and Planning Authority (CAMPA) to the National generated for protecting ecology and providing regeneration should not Fund. (ii) for transfer on yearly basis to the National Compensatory be treated as a fund under article 266, article 283 or article 284 of the Afforestation Fund by each State ten percent of amounts realised Constitution of India [Article 266 deals with Consolidated Fund of India, from the user agencies in respect of the forest land diverted article 283 regarding custody etc. of Consolidated Funds, Contingency in their favour, which have been credited directly into the State Funds and moneys credited to the public accounts and article 284 Compensatory Afforestation Fund under public account of such regarding custody of suitors deposits and other moneys received by State. public servants and courts]. Funds are therefore; kept outside the • Establishment of non-lapsable, interest bearing State Compensatory Consolidated Fund of India or Public Account of India. In the absence Afforestation Fund under public account of each State which would of proper institutional mechanism with adequate statutory backup be under the control of the concerned State Government, to be amount of unspent fund had increased to more than rupees thirty eight managed by the State Authority of such State. thousand crores. • The manner of disbursement and utilisation of monies available in The Comptroller and Auditor General of India in his report on the National Fund has also been provided for. Compensatory afforestation in India (21 of 2013) observed that • In Chapter III of the Bill detailed provisions have been laid down in given the substantial amounts of funds being collected under the regard to constitution of National Authority and State Authorities. compensatory afforestation, the expenditure therefrom, the overall There are also provisions in regard to Executive Committees and objectives of conservation, protection, regeneration and management monitoring group of National Authority. Further, provisions have also of forests, conservation, protection and management of wild life been made in regard to Steering Committee and Executive Committee and its habitats and compensatory afforestation; the clear public of State Authority. In Chapter IV powers and functions of National purpose involved in the work relating to CAMPA, there was a need Authority and State Authorities have been delineated. The Governing to review the existing paradigm of CAMPA. The Comptroller and Body of the National Authority has been vested with the following Auditor General recommended that this should be done in a way that powers to:- enhances transparency, brings CAMPA within the broader focus of • formulate broad policy framework for functioning of the National both Parliament and State Legislatures and in greater public view so Authority and State Authorities as may be notified by the Central as to ensure the largest possible stakeholders’ participation. Towards Government; this end, it would be appropriate if the amounts lying in ad hoc CAMPA • approve the annual report and audited accounts of the National are transferred into the Public Account. The Comptroller and Auditor Authority; General had also observed that the receipts accruing into the ad hoc • review reports on decision taken by executive committee and CAMPA are essentially payments being made for the acquisition of monitoring group of the National Authority including investment public assets, namely, forest land for non-forest purposes by user decisions;

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• approve the proposals for creation of posts in the National Authority, National Authority, Annual Report of National Authority, requirement subject to prior permission of the Central Government; that annual report and audit reports of National Authority be laid • provide a mechanism to State Authorities to resolve issues of inter- before Parliament, etc. State or Centre-State character; and Central Government has been conferred the powers to make rules • formulate such procedures for delegation of financial and for carrying out the purposes of the legislation. Provision for transfer administrative powers to the National Authority and State and vesting of all the assets and liabilities of the ad hoc Authority in the Authorities as may be notified by the Central Government. National Authority. Further, the Executive Committee of National Authority have been vested with following powers to:- Debate • approve within three months from the date of receipt, annual plan of During discussion on the Bill in both Houses of Parliament, Members operations of State Authorities, with such amendments as it deems from all sections of the House were of unanimous view that there is fit and proper; sense of urgency in passage of the Bill. The Bill seeks to give effect to • formulate proposals for schemes specified in sub-clause (iii) of recommendations and directions of the Supreme Court of India and the clause (b) of section 5; primary consideration is environmental protection, hence the urgency. • execute schemes specified in sub-clause (iii) of clause (b) of section 5; The Bill was passed by Lok Sabha on 3 May 2016 and by Rajya Sabha • deploy staff on contract or on deputation basis to the posts in the on 28 July 2016. The Bill as passed by both Houses of Parliament was National Authority; assented to by the President of India on 3 August 2016. • formulate proposals for creation of posts in the National Authority at the level of Assistant Inspector General of Forests and other The Lokpal and Lokayuktas (Amendment) Bill, 2016 officers; The Lokpal and Lokayuktas Act, 2013, was enacted and brought into • invest surplus amounts available in the National Fund; force with effect from 16 January 2014. A Bill, namely, the Lokpal • execute other day-to-day work in respect of receipt of amounts in and Lokayuktas and other related law (Amendment) Bill, 2014 was the National Fund; introduced in Lok Sabha, inter alia, to streamline and harmonise • maintain books of account and such other records; the provisions relating to furnishing of information on assets and • facilitate scientific, technological and other assistance that may be liabilities by public servants under section 44 of the said Act with the required by State Authorities; applicable Acts, rules and regulations. The said Bill was referred to • present its decisions to the governing body of the National Authority the Departmentally Related Parliamentary Standing Committee which for information; submitted its report on 7 December 2015. The Standing Committee • maintain and update a public information system on the National had given some recommendations. Authority and present all information on its transaction in the public However, keeping in view the concerns expressed by domain; different categories of public servants and in line with one of the • undertake any other work as may be assigned by the governing recommendations of the Standing Committee, a need had been felt to body of the National Authority or the Central Government, from time amend section 44, with a consequential amendment, so as to provide to time. that on and from the commencement of the said Act, every public Insofar as a monitoring group, it has been provided that the group servant shall make declaration of his assets and liabilities in such form shall evolve an independent system for concurrent monitoring and and manner as may be prescribed. evaluation of the works implemented in the States and Union territories It is under these circumstances that the Government had brought utilizing the funds released by the National Authority and State forward the Amending Bill, namely, the Lokpal and Lokayuktas Authorities to ensure effective and proper utilization of funds by utilizing (Amendment) Bill, 2016 to provide for substitution of section 44 with the services of the regional offices of the Central Government in the effect from the date of the commencement of the said Act. Ministry of Environment, Forest and Climate Change. Powers and functions on similar lines mutadis mutandis have been Debate provided for State Authority, Steering Committee of State Authority and During the discussion on the Amending Bill in Parliament, the Executive Committee of State Authority. Chapter V contains provisions Minister-in-charge of the Bill while piloting the Bill inter alia stated in regard to Finance, Accounts, Audit and Annual Reports. The key that this a declaration of assets by several persons connected with provisions in this regard are :- non-governmental organisations which receive funding from foreign • Preparation of budget for the next financial year of the National sources or get direct or indirect funding from the State. The proposed Authority; amendment to substitute with new section 44 precisely deals with • National Authority may invest in funds, including any reserve fund, the declaration of assets and the provision of making the assets in the securities of the Central Government and in scheduled banks public. This is not the only amendment but the urgency of bringing an in such manner as may be provided for in the rules made by the amendment pertaining to section 44 arose from the fact that this has Central Government; put a binding to stick to the deadline of July 31 for filling assets and • Provisions have also been with regard to accounts and audit of also making them public and not only the assets of the public servants

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THIRD READING: india but also assets of the NGOs. So in order to overcome that technicality Debate this amendment had been brought forward. The Bill was welcomed by all sections of the Houses of Parliament. Members felt that the Act requires certain further amendments Some of the crucial suggestions made by Members while according to make this Act effective in real terms. The Minister assured the support to the measures are:- Members that the Government is committed to work against corruption • Quality of education needs to be given emphasis and can’t be and to implement the Lokpal Bill and was also ready to make it even compromised at the cost of quantity. more stringent if recommendations to the effect are made. • Higher education institutions need to open their doors to India’s The Bill was passed by Lok Sabha on 27 July 2016 and by Rajya young people who are yearning for education. Sabha on 28 July 2016. The Bill as passed by both Houses of • India’s education policy and future direction of the younger Parliament was assented to by the President of India on 29 July 2016. generation also needs a deeper look. The Lokpal and Lokayukta Act, 2014 accordingly stood amended. • The streams of Humanities and Arts also need to be given fillip and supported by India’s universities and colleges. India’s youth have a The National Institutes of Technology, Science Education and global role to play. Research Bill, 2016 • Condition of NITs in North Eastern Region needs to be improved. The National Institutes of Technology, Science Education and Research There is also need for setting up dedicated Tribal Universities. Act, 2007 provides for declaration of certain institutions of technology The Minister-in-charge of the Bill assured the Members that the to be institutions of national importance and to provide for instructions avowed policy of the Government was to provide good education, and research in branches of engineering, technology, management, i.e., education accessibility, quality, affordability and accountability. education, sciences and arts and for the advancement of learning and Technology, science education and research, all three are very dissemination of knowledge in such branches and for certain other important. Research has to be promoted and innovation is a product matters connected with such institutions. of research. The Government’s emphasis is in that direction. Further, Consequent upon the bifurcation of the State of Andhra Pradesh, the Minister also shared with the Members the Government’s initiative and as provided in section 93 of the Andhra Pradesh Reorganisation called the Technical Education Quality Improvement. The Government Act, 2014 and the Thirteenth Schedule to the said Act, a National were also contemplating of a Higher Education Funding Initiative. Institute of Technology had been registered as a Society under the The Bill was passed by Lok Sabha on 21 July 2016 and by Rajya Andhra Pradesh Society Registration Act, 2001 on 8 September 2015 Sabha on 1 August 2016. The Bill as passed by both Houses of and the same had already started functioning as per the approval of the Parliament was assented to by the President of India on 9 August Central Government. 2016.

The Parliamentarian | 2016: Issue Four | 339 The Commonwealth Parliamentary Association (CPA)

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

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

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

PRESIDENT: AFRICA ASIA BRITISH ISLANDS AND Vacant MEDITERRANEAN

VICE-PRESIDENT: Hon. Thandi Modise, MP Hon. Karu Jayasuriya, MP Hon. Carmelo Abela, MP Vacant Chairperson of the National Speaker of Parliament, Sri Lanka Minister for Home Affairs & Council of Provinces, South Africa (2013-2016) National Security, Malta CHAIRPERSON OF THE (2013-2016) (2013-2016) EXECUTIVE COMMITTEE Hon. Mian Tariq Mehmood, MPA (2014-2017): Hon. Machana Ronald Provincial Assembly, Punjab, Hon. Derek Thomas, MLC Hon. Dr Shirin Sharmin Shamukuni, MP Pakistan St Helena Chaudhury, MP Botswana (2014-2017) (2014-2017) Speaker of Parliament, Bangladesh (2013-2016) Hon. Imran Ahmad, MP Rt Hon. Sir Alan Haselhurst, MP VICE-CHAIRPERSON Hon. Mutimura Zeno, MP Bangladesh United Kingdom (2015-2016): Rwanda (2015-2018) (2015-2018) Hon. Shirley M. Osborne, MLA (2014-2017) Speaker of the Legislative Assembly, Montserrat Rt Hon. Themba Msibi, MP AUSTRALIA CANADA Also Regional Representative Speaker of Parliament, Swaziland for Caribbean, Americas and the (2014-2017) Hon. Kezia Purick, MLA Hon. Tom Osborne, MHA Atlantic Region (2013-2016) Speaker of the Legislative Speaker of the House of Assembly, Hon. Emilia Monjowa Lifaka, MP Assembly, Northern Territory Newfoundland and Labrador TREASURER Deputy Speaker of Parliament, (2014-2017) (2013-2016) Acting Treasurer (2016): Cameroon Hon. Vicki Dunne, MLA (2015-2018) Hon. Russell Paul Wortley, MLC Hon. Alexandra Mendes, MP Deputy Speaker, Australian President of the Legislative Canada Capital Territory Hon. Umar Buba Jibril, MP Council, South Australia (2015-2018) Deputy House Leader, Nigeria (2015-2018) CHAIRPERSON OF THE (2015-2018) Hon. Jackson Lafferty, MLA COMMONWEALTH WOMEN Hon. Don Harwin, MLC Speaker of Legislative PARLIAMENTARIANS (CWP) President of the Legislative Assembly, Northwest Territories (2013-2016): Council, New South Wales Acting Regional Representative Rt Hon. Rebecca Kadaga, MP Acting Regional Representative (2016) Speaker of Parliament, Uganda (2016)

340 | The Parliamentarian | 2016: Issue Four The Commonwealth Parliamentary Association (CPA)

CARIBBEAN, AMERICAS PACIFIC CPA Regional AND ATLANTIC CANADA Secretaries Mr Blair Armitage Hon. Shirley M. Osborne, MLA Hon. Paul Foster-Bell, MP Parliament of Canada AFRICA Speaker of the Legislative New Zealand Dr Thomas Kashililah Assembly, Montserrat (2013-2016) CARIBBEAN, AMERICAS & Parliament of Tanzania (2013-2016) ATLANTIC Also Vice-Chairperson Hon. Niki Rattle Ms Heather Cooke ASIA (2015-2016) Speaker of Parliament, Cook Parliament of Jamaica Md. Ashraful Moqbul Islands Parliament of Bangladesh Hon. Michael Peyrefitte, MP (2014-2017) INDIA Speaker of Parliament, Belize Shri Anoop Mishra AUSTRALIA (2014-2017) Hon. Nafoitoa Talaimanu Keti, Parliament of India Mr Tom Duncan MP Australia Capital Territory Hon. Franklin O. Brand, MP Deputy Speaker of the Legislative PACIFIC Legislative Assembly Speaker of the National Assembly, Assembly, Samoa Mr Steve Cutting St Christopher and Nevis (2015-2018) Parliament of New Zealand BRITISH ISLANDS & (2015-2018) MEDITERRANEAN SOUTH-EAST ASIA Mr Andrew Tuggey INDIA SOUTH-EAST ASIA Mrs Roosme Hamzah Parliament of the United Kingdom Parliament of Malaysia Hon. Dr Charnjit Singh Vacant Atwal, MLA (2013-2016) CPA Secretariat Speaker of the Legislative Assembly, Punjab Dr Lim Biow Chuan, MP Mr Akbar Khan (2013-2016) Singapore 7th Secretary-General (2014-2017) Dr Sitasharan Sharma, MLA Commonwealth Parliamentary Tel: (+44-20) 7799-1460 Speaker of the Legislative Hon. Dato’ Noraini Ahmad, MP Association, CPA Secretariat, Fax: (+44-20) 7222-6073 Assembly, Madhya Pradesh Malaysia Suite 700, Westminster House, Email: [email protected] (2014-2017) (2015-2018) 7 Millbank, London SW1P 3JA, www.cpahq.org United Kingdom Shri Feroze Varun Gandhi, MP Lok Sabha, India Acting Regional Representative A full listing of the CPA Branch Directory can be (2016) found at: www.cpahq.org

Commonwealth Women Parliamentarians (CWP) Steering Committee

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

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