TheParliamentarian

Journal of the Parliaments of the Commonwealth 2015 | Issue Two XCVII | Price £13

Rights in the modern age

PLUS The International Childrens’ Rights The Right to Food The Right to Legacy of Magna in Jamaica in Mauritius Representation: Carta Norfolk Island

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STATEMENT OF PURPOSE st 61 COMMONWEALTH PARLIAMENTARY CONFERENCE The Commonwealth Parliamentary Association (CPA) exists to connect, ISLAMABAD, PAKISTAN develop, promote and support Parliamentarians and their staff to 30 SEPTEMBER – 8 OCTOBER 2015 identify benchmarks of good governance, and the implementation of the enduring values of the Commonwealth. Conference Main Theme: Renewing the commitment to pluralism and inclusive democracy in the Commonwealth Calendar of Forthcoming Events Confirmed at 24 June 2015 Workshops and Debates: 2015 A. Workshop: Impact of terrorism on state and society; the Commonwealth Parliamentarians’ challenge July

B. Debate: Parliaments and Governments are ineffective in their response to 19-25 July CPA Canada Regional Conference - British Columbia, Canada the management of natural and man-made disasters 26 July to 1 August CPA Caribbean, Americas and Atlantic Region 40th Annual Conference C. Workshop: Fostering religious freedom in Commonwealth democracies Tortola, British Virgin Islands 30 July to D. Workshop: Gender based violence; the economic impact 1 August Human Rights Seminar for the Australia and Pacific Regions - Wellington, New Zealand August E. Workshop: Enhancing good governance and accountability in Parliament: developing and enforcing anti-corruption measures 9-15 August CPA Africa Region 46th Regional Conference – Nairobi, Kenya

F. Debate: The media is far too influential in modern day politics 17-21 August CPA Small Branches Committees – Isle of Man

26-27 August Public Accounts Committee Meeting for the Pacific Region - Wellington, New Zealand G. Workshop: Creating political space for youth in Commonwealth Parliaments September H. Workshop: Is unequal wealth distribution a threat to democracy in the Commonwealth? 1-5 September CPA Constituency Development Funds Conference – London, UK Final Plenary: Is the Commonwealth still relevant in today’s world? 30 September to 8 October 61st Commonwealth Parliamentary Conference - Islamabad, Pakistan th 35 SMALL BRANCHES CONFERENCE October

2 – 3 OCTOBER 2015 2-3 October 35th Small Branches Conference - Islamabad, Pakistan

Plenary Sessions: 26-28 October CPA and United Nations Environment Programme (UNEP) Legislators’ Experts Meeting on 1) Improving the role of Parliamentary Committees in Small Branches: the practices and challenges Climate Change - London, UK 2) How should Small Branches deal with the impact of Climate Change? 3) Meeting the challenges of protecting territorial waters 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 4) Is unequal wealth distribution a threat to democracy in the Commonwealth? ideas and participation. Further information may be obtained from the Branches concerned or the CPA Secretariat. 5) Eliminating barriers to women’s leadership in politics in Small Branches Branch Secretaries are requested to send notice of events and conferences to [email protected] in advance of the publication deadline to ensure the Calendar is accurate. For further information and to register visit www.cpc2015.pk Further information can also be found at www.cpahq.org or by emailing [email protected]. CONTENTS: THE PARLIAMENTARIAN CONTENTS 2015: ISSUE TWO

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The Parliamentarian: Journal of the Parliaments VIEWS & FEATURE ARTICLES NEWS PARLIAMENTARY Annual subscription of the Commonwealth (four issues) Vol. XCVII COMMENT REPORT UK: £40 inc. postage. 2015: Issue Two Worldwide: £42 surface post ISSN 0031-2282 £48 airmail

Issued by the Secretariat Editor’s Note Magna Carta: Immigration CPA Conferences, Parliamentary Price per issue of the Commonwealth Promoting and protecting 1215-2015 Rights Seminars and Events Report UK: £13 Parliamentary Association, our rights Examining the International Balancing economic and family Photo Gallery Featuring parliamentary Worldwide: £14 surface post Suite 700, Westminster Page 70 £15 airmail legacy of Magna Carta. based immigration in Canada. Page 116 reports and third readings House, 7 Millbank, London Page 80 Page 98 from Sri Lanka, New Zealand, SWIP 3JA, United Kingdom Canada, India, the United Disclaimer Tel: (+44-20) 7799-1460 View from the Chair Opinions and comments Chairperson’s Update to the CWP News Kingdom and Australia. Fax: (+44-20) 7222-6073 Protecting Childrens’ Parliamentary Commonwealth Women expressed in articles and Executive Committee Meeting Page 119 Email: [email protected] Rights Rights Parliamentarians (CWP) reviews published in The Page 72 www.cpahq.org Engaging the local community Norfolk Island and the right to Regional Strengthening Parliamentarian are those of in protecting children’s rights in self-government. activities. the individual contributors and Publisher: View from the CWP Jamaica. Page 102 Page 118 should not be attributed to the Mr Joe Omorodion Women against Global Page 82 Secretariat of the Association. Acting Secretary-General Terrorism Media Rights & Director of Finance and Page 74 Human Rights and The relationship between Contributors Administration. Terrorism Parliament and the Media. Thank you to all contributors Page 106 for this issue. Special thanks View from the Acting The War of Terror and the War Jeffrey Hyland, Editor to Anna Schuesterl at the CPA on Terror: A view from Ghana. [email protected] Secretary-General Secretariat. The role of Parliaments in Page 86 Child Labour protecting our rights Is India’s Child Labour Images: Credit Shutterstock Page 76 The Right to Food (Prohibition & Regulation) and CPA images. Law enough? How the agricultural industry in Front cover image: Magna Page 108 Carta (Shutterstock image The Acting Mauritius is meeting the needs 185480369). Secretary-General’s of the population. Page 90 Codes of Conduct Commonwealth Maintaining ethical standards Printed in: United Kingdom by and ensuring that public Warners Midlands, PLC; Photo Gallery Child Advocacy confidence in parliament is New Delhi, India by Jainco Art Page 78 Examining accountability in assured. India, and Singapore by Times Children’s Services in Western Page 112 Printers Private Limited. Australia. Page 94 Promoting sustainable forest management

68 | The Parliamentarian | 2015 Issue Two The Parliamentarian | 2015: Issue Two | 69 EDITOR’S NOTE EDITOR’S NOTE

PROMOTING AND PROTECTING OUR RIGHTS

The Editor’s Note

Today, many of the rights which we take for granted overview of the international legacy of the charter. in our daily lives have developed through their The Acting Secretary-General & Director of definitions as laid out in international treaties and Finance and Administration of the Commonwealth conventions, such as the UN Declaration of Human Parliamentary Association (CPA), Mr Joe Rights and the Commonwealth Charter. This also Omorodion outlines in his ‘View’ how Magna Carta extends back to early documents in history such and other international treaties have influenced as the Magna Carta, which established the basic rights in the Commonwealth and how they freedom of the individual and rights such as the have given parliamentarians renewed focus on right to ‘trial by jury’, which is celebrating its 800th protecting these rights. anniversary in 2015. The Chairperson of the Executive Committee This issue of The Parliamentarian focuses on the Jeffrey Hyland, Editor of the CPA, Dr. Shirin Sharmin Chaudhury, MP many different rights that we value and the challenges The Parliamentarian (Bangladesh) shares her vision for the CPA and to those rights that affect people right across the its members in a speech that was given at the Commonwealth. It also examines how parliamentarians Executive Committee meeting held in Sabah, are working to promote and protect those rights in many different ways. Malaysia earlier this year. The 800th anniversary of Magna Carta this year provides us The political, military and judicial challenges in combating cross- with the opportunity to reflect upon the historical aspects of our border terrorism and the impact this has on human rights is examined rights and the establishment of key principles that have shaped by Dr. Benjamjn Kunbuor, MP (Ghana) while the Chair of the parliamentary democracies across the Commonwealth. Sir Robert Commonwealth Women Parliamentarians (CWP) Rt Hon. Rebecca Worcester, Chairman of the Magna Carta 800th Anniversary Kadaga, MP (Uganda) in her ‘View’ looks at the role of women in the Commemoration Committee and a leading academic gives us his fight against global terrorism. to integrate their existing population with an influx of migrants is “Today, many of the rights which we take looked at by Devinder Shory, MP (Canada) and the Hon. Mahen K. for granted in our daily lives have developed Seeruttun, MP (Mauritius) looks at the basic human right of access to food and how his government is working with the agricultural through their definitions as laid out in industry to protect this. The rights of the media and the role of parliaments in ensuring international treaties and conventions, such media accountability are reflected upon by the Hon. Linda Reid, as the UN Declaration of Human Rights and MLA (British Columbia, Canada) following the CPA Parliament and Media Law Conference which was held in Andhra Pradesh, India and the Commonwealth Charter.” Senator Hon. Anita Raynell Andreychuk (Canada) reports on the impact of developing an Ethics and Conflict of Interest Code in the Children’s rights are scrutinized in several ways in this issue: Senate of Canada. Minister Sharon Ffolkes-Abrahams (Jamaica) looks at ways that This issue of The Parliamentarian also includes a report on the the government in Jamaica are combatting child abuse and Lisa Commonwealth Women Parliamentarians (CWP) regional strengthening Baker, MLA (Western Australia) documents how the establishment activity as well as parliamentary reports and legislative news from Sri of a Commissioner for Children and Young People will help in the Lanka, Canada, the United Kingdom, India, New Zealand and Australia. accountability of children’s rights. The protection of children in relation Finally, as the new Editor of The Parliamentarian, I look forward to to labour rights and the measures that parliament is putting in place to hearing your feedback and comments on the publication and if you protect their right to education are outlined by Prem Das Rai, MP (India). would like to suggest any future themes, articles or contributions to Parliamentary rights and the right to self-representation in the the Journal then do please get in contact at [email protected]. Norfolk Island Legislative Assembly are examined by Speaker David Buffett MLA and Chief Minister Lisle Snell MLA (Norfolk Island). The Jeffrey Hyland rights of immigrants and an analysis of how Canada has attempted Editor, The Parliamentarian, June 2015

70 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 71 VIEW FROM THE CHAIR VIEW FROM THE CHAIR

VIEW FROM THE CHAIR

View from the Chairperson of the CPA Executive Committee

Chairperson’s Update to the Executive Committee Committees of India, Asia and South East Asia held Meeting held in April 2015 in Kota Kinabalu, Sabah, in Chandigarh, Punjab in October 2014. It was a Malaysia. great opportunity to take part in the CPA UK Branch Conference on ‘Human Rights in Modern Day “Allow me to begin by welcoming all the Commonwealth: Magna Carta to Commonwealth esteemed members of the Executive Committee Charter’ in London in February 2015. of the Commonwealth Parliamentary Association I also went to the British Islands and (CPA) to the Executive Committee Meeting at Kota Mediterranean Region (BIMR) Commonwealth Kinabalu, Sabah, Malaysia. I would like convey my Women Parliamentarians Conference in Gibraltar heartfelt thanks to the host Branch, CPA Malaysia, in February 2015. I was invited by the Royal for their warm hospitality to us in the beautiful, Commonwealth Society to speak at Westminster serene resort, Kota Kinabalu. Abbey on Commonwealth Observance Day on 9 This is my second meeting of Executive Dr Shirin Sharmin Chaudhury, March 2015 in the presence of Her Majesty Queen The opening ceremony at the CPA Executive Committee Mid-Year Meeting in Malaysia. Committee after my election to the position of MP, Chairperson of the CPA Elizabeth II and members of the Royal Family. The opportunities to our young people. needs and aspirations of the people they represent in this process. Chairperson. The first meeting was held on 9 Executive Committee and CPA Bangladesh Branch also hosted the CPA CPA is also working to promote gender sensitive parliaments I would therefore, like to propose to the Executive Committee October 2014 in Cameroon, just after the election. Speaker of the Bangladesh Parliamentarians of South Asia Conference on by increasing women representation to form a critical mass and to consider the idea of putting forward a proposal, highlighting the We are already in the midst of the Executive Parliament. Emerging Economies of South Asia in November also to ensure capacity building of women members of parliament position of the Commonwealth on development issues like food Committee meeting and are going through very 2014 in Dhaka. and nurturing women political leadership from grass root level. security, climate change, gender equality, eradication of poverty, important agendas. Let me begin by sharing a vision for CPA. CPA, We can think about how to make it more effective and deliver access to health care, water and sanitation, energy crisis, peace and I would like to express my sincere gratitude to you for your kind being a unique platform of Parliamentarians of Commonwealth results by actually changing the dynamics within parliaments of security before the Commonwealth Heads of Government Meeting support extended to me as the Chairperson and to the team at the countries, has great potential to effectuate innovative changes in Commonwealth countries. (CHOGM) due to take place in November 2015 in Malta. It is CPA Secretariat in taking forward the work of the Commonwealth addressing the common concern of ensuring the welfare of the In the era of globalization, we live in an interconnected world. important that the governments making their commitment at global Parliamentary Association (CPA). people. Parliaments need to play a proactive role in encountering the level take account of the concerns of Parliamentarians. It is indeed a great pleasure for me to give you an update of the It is therefore, important for us to ascertain where we would like to challenges posed by globalization. We are in a phase of transition. I would therefore, request all members to consider the thoughts ongoing work of the CPA since October 2014. The last six months see CPA in the next three years. It is imperative to pin point with objective Moving away from the Millennium Development Goals (MDGs) to that I have shared with you. Your valuable suggestions and inputs have been a very busy time for CPA. During this time, I had the precision and the utmost clarity as to what CPA wants to achieve over Sustainable Development Goals (SDGs), effectuating a shift in the will further fortify our efforts in promoting democratic governance, opportunity to take part in a number of CPA events organized by this tenure and lay down a foundation for the years beyond. global development agenda framework. rule of law, sustainable, inclusive and equitable development, different Branches across the Commonwealth regions. It is for the Executive Committee to steer the way ahead by It is time for Parliamentarians of the Commonwealth to voice the through proactive parliaments and vigilant parliamentarians across I attended the CPA Workshop on Parliamentary Agriculture putting together a forward looking, relevant plan linked to the present the Commonwealth. objectives and activities of CPA. In doing so it is essential to have a “In our endeavour to pursue this goal, Let us work together in making the Commonwealth focused approach. It is necessary to identify a couple of issues which the Executive Committee can find Parliamentary Association proactive, relevant, dynamic and visible in “Promoting the ‘Young Commonwealth’ can be taken forward by adopting innovative ideas and approaches. its effort to make a positive difference in the lives of the people of is the theme of the Commonwealth. Promoting the ‘Young Commonwealth’ is the theme of the new ways of empowering the young Commonwealth by materializing their common aspirations.” Commonwealth. CPA is working to facilitate young parliamentarians to shape their future. We can devise CPA is working to facilitate young to give young people a platform to raise a range of issues Dr Shirin Sharmin Chaudhury, MP parliamentarians to give young people that impact their lives. In our endeavour to pursue this goal, modes for resource mobilization in Speaker, Bangladesh Parliament the Executive Committee can find new ways of empowering member countries for providing the best Chairperson, CPA Executive Committee a platform to raise a range of issues that the young to shape their future. We can devise modes for Kota Kinabalu, Sabah, Malaysia. impact their lives.” resource mobilization in member countries for providing the best opportunities to our young people.”

72 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 73 VIEW FROM THE CWP VIEW FROM THE CWP

WOMEN AGAINST GLOBAL TERRORISM View from the Commonwealth Women Parliamentarians (CWP) Chairperson

Our dear readers, welcome yet again to another Women as accomplices of terrorism conflict in Israel and Palestine. Increasingly, organizations abduct and and gender equality. Drones, airstrikes and boots on the ground can issue of The Parliamentarian. It is always an It is evident that women are increasingly playing a forcefully recruit both males and females during childhood to train halt the advance of extremist groups but these tools cannot defeat honor for us as the Commonwealth Women role in terrorism or at least abetting the crime. The and manipulate them at an early age to support the cause. radical ideologies nor build resilient families and communities. Parliamentarians and for me personally as the war on terror has restricted freedom of action within It is also incumbent for governments to establish structures Chairperson to contribute to this Journal. the security environment for terrorist organizations, Women as fighters against terrorism that will support women and girls in post-war and post-trauma This time, I feel a sense of responsibility to making it more advantageous for terrorist Whereas it is factual that women have been the victims, and in management. It is the psychological and social areas that are often touch on an issue which is a major threat globally organizations to use women to support or execute some instances real accomplices, it is also increasingly evident forgotten by policy makers. Empowered women are the best drivers to the entire mankind – the issue of global terrorist activities. that women are a formidable force as fighters against terrorism be of growth and the best hope for reconciliation. They are the best terrorism. Recent times have showed that women In countries where terrorism originates and it as investigators, prosecutors, counsellors, peace makers and as buffer against the radicalization of youth and the repetition of cycles are very much at the centre of this real threat in extremist organizations find safe haven and freedom managers of defence and security. I would like to take the opportunity of violence. Women and girls are the first targets of attack — the different capacities; as victims, as accomplices of movement, the social environment can also play a to salute those brave women who have stood up and resisted promotion of their rights must be the first priority in response. and as fighters against terrorism. significant role in leading women towards supporting terrorists especially those who are in the armed forces all over the Rt Hon. Rebecca Kadaga, MP terrorism. Discriminatory religious and social customs world. “Empowered women are the best Women as victims of terrorism Chairperson of the in these same countries leave women as a largely A number of organizations worldwide such as Women Without drivers of growth and the best hope If there has been one common strand shared by Commonwealth Women untapped resource in supporting the ideological Borders and PAIMAN Alumni Trust are utilizing the strategic role the extremist movements that have captured the Parliamentarians and Speaker causes of terrorist organizations. of mothers and matriarchs to build early warning systems when for reconciliation. They are the best world’s attention in the last year, from northern of the Parliament of Uganda Female terrorist acts can also generate much they suspect their husbands, sons or daughters may be involved buffer against the radicalization of Nigeria to northern Iraq, Syria to Somalia, and greater media attention than those conducted by with extremist groups. While this is important, the International Myanmar to Pakistan, it is that in each and every males, further encouraging terrorist organizations community must also prioritize women’s participation, leadership youth and the repetition of cycles instance, the advance of extremist groups has to expanding their recruiting of women. and empowerment in prevention and response frameworks. This is of violence. Women and girls are been coupled with vicious attacks on women’s and girls’ rights. Counterterrorism strategies tend to ignore gender as a relevant a critical factor to address the structural inequalities underpinning Terrible mass violations are mirrored in the accounts of the factor and in doing so exclusively focus on male imposed threats. extremist violence and to ensure that when the capacity of one the first targets of attack — the Nigerian girls who fled from Boko Haram; in the narratives of Somali Although women taking part in terrorist and extremist acts is not new extremist group is destroyed, another will not rise up to take its place. promotion of their rights must be women liberated from the rule of Al-Shabaab; and in descriptions of and dates back many years, their presence in terrorist organizations The way forward is clear. The International community must take life under the Islamist group Ansar Dine in northern Mali. In all these as both leaders and executors is increasing around the globe. up the challenge to combine militarized action with governance, the first priority in response.” scenarios, the bodies of women have been turned into ‘battlefields’ The increasing role of women in terrorist organizations in many human rights and development — including women’s empowerment where rape is used as an instrument of humiliation, degradation and cases can be attributed to meeting a need or a shortage within the oppression. organization. Terrorist organizations are struggling with a shortage The identity and scene may change, but the common agenda and of available personnel with so many males being captured, killed or first order of business for these extremist groups is almost invariably unwilling to support the cause. International cooperation in the global to place limits on women’s access to education and health services, war on terror has made it difficult for organizations to continue to fight restricting their participation in economic and political life and without access to the appropriate human and financial resources. enforcing the restrictions through terrifying violence. This is a pattern associated with terrorist organizations that These violations are the extreme end of a global wave of increases pressure on both women and men. In Iraq for example, fundamentalist conservatism, but it is an agenda shared by women were deployed to smuggle arms and execute suicide extremists of all religions, whose efforts seem invariably to focus on bombings, during a clamp down on Al-Qaeda in the mid-2000s. The the suppression of women’s autonomy and a return to delineated, perpetrators usually capitalize on the women’s superior ability to outdated gender roles. In the last couple of years, over 1,000 terrorist evade security checks, cache weapons in clothing and attract less attacks occurred worldwide, resulting in more than 17,800 deaths suspicion as suicide bombers. and more than 32,500 injuries. In addition, more than 2,990 people The tactical use of women due to lesser suspicion has also been were kidnapped or taken hostage, with the majority being women. evident in Islamist violence in Pakistan and Indonesia; and within the

74 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 75 VIEW FROM THE ACTING VIEW FROM THE ACTING SECRETARY-GENERAL & SECRETARY-GENERAL & DIRECTOR OF FINANCE DIRECTOR OF FINANCE AND AND ADMINISTRATION ADMINISTRATION

parliamentarian’s citizenship. Many international and Commonwealth There are huge challenges that all parliamentarians face in organisations are working to help protect these rights and ensure that the protection and continued promotion of our rights in the 21st parliamentarians have the right to represent their electorates in a free century and we need to engage with our citizens to ensure that their THE ROLE OF PARLIAMENTS 4 and fair manner. rights are acted upon and understood. The international treaties Parliamentary privilege is an example of a fundamental right of and conventions stretching right back to Magna Carta provide us parliamentarians that allows members to speak freely in parliament with the basis for the rights of all democratic societies and it is our IN PROTECTING OUR RIGHTS during debates and proceedings without fear of legal action, although responsibility to protect these rights for future generations. members are often bound by conventions surrounding the language Parliamentarians across the Commonwealth are called upon to that they use or the implication that someone is not telling the truth. renew their action on the issues explored here and to actively engage View from the The development of democratic institutions and the provision of in the protection and promotion of our rights. Acting Secretary- free and fair elections is a right that has been challenged in many countries around the world and we must ensure that this essential References: General & Director right is protected for all. This also extends to ensuring that institutions 1 The Rt Hon David Cameron MP, 15 June 2015. of Finance and at all levels are free of corruption and that citizens can be secure in 2 Article by Alexander Lock at the British Library website: http://www. Administration the integrity of their elected representatives. bl.uk/magna-carta/articles/magna-carta-in-the-20th-century One of the recommendations from the 60th Commonwealth 3 Commonwealth Charter: http://thecommonwealth.org/our-charter. Parliamentary Conference held in Cameroon in October 2014 was 4 An example includes the IPU Committee on the Human Rights of that “Codes of conduct only improve trust in Parliamentarians if the Parliamentarians established in 1976. In any democratic society, our rights are something from child protection to immigration rights. Many public see that they are upheld, and that Parliamentarians represent all 5 60th Commonwealth Parliamentary Conference Concluding Statement, that we often take for granted in our everyday lives of our rights are laid out in international treaties their constituents equally.”5 October 2014. and so when these rights are restricted, or even and conventions, including the UN Declaration of taken away, then we realise the importance of our Human Rights and the Commonwealth Charter. rights. In relation to our rights, the Commonwealth At the 800th anniversary of the signing of the Charter states that members are committed Magna Carta at Runnymede, the Prime Minister of to: “equality and respect for the protection and the United Kingdom, the Rt. Hon. David Cameron promotion of civil, political, economic, social and MP emphasized the history, importance and cultural rights, including the right to development, relevance of the ancient charter that established for all without discrimination on any grounds as the key rights for the people. “The limits of executive foundations of peaceful, just and stable societies. power, guaranteed access to justice, the belief that We note that these rights are universal, indivisible, there should be something called the rule of law, Mr Joe Omorodion interdependent and interrelated and cannot be that there shouldn’t be imprisonment without trial, Acting Secretary-General implemented selectively. We are implacably Magna Carta introduced the idea that we should & Director of Finance opposed to all forms of discrimination, whether write these things down and live by them. That might and Administration of the rooted in gender, race, colour, creed, political belief sound like a small thing to us today. But back then Commonwealth Parliamentary or other grounds.”3 it was revolutionary, altering forever the balance of Association The Commonwealth Charter, adopted in power between the governed and the government. December 2012, stands both as an example of the […] Magna Carta takes on further relevance today. ongoing influence of the original Magna Carta and For centuries, it has been quoted to help promote human rights and the continued relevance of a written charter of rights, responsibilities alleviate suffering all around the world.”1 and values in the 21st century. Magna Carta is widely recognised as a key historical document We continue to experience challenges to our rights from many across the globe, and it continues to be seen as an enduring symbol different sources: from international terrorists abducting civilians; of freedom and the rule of law. to attacks on press freedom through restrictive reporting; to One example of the document’s enduring international importance human dignity in form of modern-day slavery, the protection and is the purchase by the Australian government in 1952 of a 1297 implementation of our rights has been continuously provoked. Magna Carta from an English private school for £12,500. This However, the protection of our rights does not come without manuscript is now displayed prominently in Australia’s Parliament responsibility. Citizens and parliamentarians both have an equal role building in Canberra, not far from Magna Carta Place and its in protecting our rights and have a responsibility in ensuring that monument to the document, erected in 1997. Elsewhere across the systems are in place to guarantee those rights and that all in society Commonwealth, Magna Carta has been vaunted as an important are actively participating in the active promotion of our rights. document for individual political rights. It was publicly praised by Parliamentarians must be free to express their own rights and Nelson Mandela (1918-2013) during his famous trial for his life at freedoms, otherwise how can they defend, represent and promote Pretoria in 1964 and looked to by women campaigning for female the rights of those who elect them? suffrage in the Bahamas in the 1960s.2 Many parliamentarians around the Commonwealth find their Parliaments across the Commonwealth are based on protecting rights as elected representatives being challenged and they have our democratic rights and freedoms and developing new legislation been prevented from exercising their mandate through many and protections to ensure that our rights are not restricted in many different methods including, for example, the extreme measures of different areas – from the freedoms of the media to voting rights, politically motivated bankruptcy proceedings and the revocation of a

76 | The ParliamentarianKenya? | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 77 The Acting Secretary-General’s Commonwealth Photo Gallery

Above: Hon. Sardar Ayaz Sadiq, Right: Ms Helen Clark, Administrator Above left: His Excellency Mr Guy Above right: Ms Lisa Baker MLA, MNA (front centre), Speaker of the of the United Nations Development Hewitt, High Commissioner of Western Australia, (pictured front National Assembly of Pakistan Programme (UNDP) and former Barbados to the United Kingdom, centre) visiting the CPA Secretariat. and President of the Executive New Zealand Prime Minister visits (pictured right) visits the CPA. Committee of the CPA visits the the CPA Secretariat to hear about Below right: Professor Paul CPA Secretariat in London. the work of the CPA. Centre left: Mr Craig James, Clerk Palmer from the CASS Business of the Legislative Assembly of School in London meets with Mr Below left and below right: On Commonwealth Day 2015, the CPA held British Columbia, Canada (centre) Joe Omorodion, Acting Secretary- a series of events for young people from across the Commonwealth visits the CPA Secretariat. General and Director of Finance including a speech by Mr Joe Omorodion, Acting Secretary-General & and Administration. Director of Finance and Administration (CPA) and presentations by two Commonwealth High Commissioners who spoke about their work in Below left: Karen McKenzie, Head of the Human Rights Unit at the London, HE Norman Hamilton, High Commissioner from Malta and HE Commonwealth Secretariat meets with Mr Joe Omorodion, Acting Secretary- Syed Ibne Abbas, High Commissioner from Pakistan. General & Director of Finance and Administration.

78 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 79 INTERNATIONAL LEGACY INTERNATIONAL LEGACY OF MAGNA CARTA OF MAGNA CARTA

Delegates from Commonwealth Parliaments attend the Magna Carta 2015 MAGNA CARTA 1215-2015 Conference in London. Examining the international legacy of Magna Carta on its 800th anniversary.

Sir Robert A century ago, the 700th two countries, Britain and be aware, its acknowledgement Worcester is the anniversary of the sealing of America. Two countries which of limits on the authority Chairman of the Magna Magna Carta was not marked in have fought two world wars and of the monarch allowed th 1915 due to the War. There was many other, smaller conflicts the establishment of the Carta 800 Anniversary no commemoration other than shoulder to shoulder in defence power of Parliament, and Commemoration in the excellent but long out-of- of Liberty, ignoring the brief so its anniversary holds Committee. He is print Royal Historical Society period during the late 18th and particular meaning for those th Founder of MORI (Market produced book of Magna Carta early 19 centuries following in Westminster and its Commemoration essays. the War of Independence. international equivalents. & Opinion Research While the war on terrorism President Obama observed The Commonwealth International) and goes on today, it is a far cry from in 2011 in a speech to the Parliamentary Association’s UK xxxxxx now Senior Advisor the turmoil of the First World War British Parliament: “Our system Branch led the United Kingdom of Ipsos MORI Public in 1915, and reminds us that of justice, customs, and values Parliament’s international the link between the military and stemmed from our British commemorations with a Affairs Research. He is other security forces and Magna forefathers...Our relationship is conference entitled ‘Human a Past President of the Carta is the defence of liberty special because of the values Rights In the Modern Day World Association for and the rule of law in democratic and beliefs that have united our Commonwealth: Magna Carta Public Opinion Research societies, not autocratic or even people throughout the ages. to Commonwealth Charter’ that royal dictatorships. Centuries ago, when kings, took place in February 2015. (WAPOR). Sir Robert is Magna Carta is England’s emperors, and warlords reigned Forty senior Commonwealth legislate for a moral issue?’ At Committee on Magna Carta the last day of the UK law year, and light shows, seminars and former Chancellor of the greatest export. It is embedded over much of the world, it was MPs, including five Speakers and the close of the discussion, the and members of both Houses with the ‘Barons’ and ‘Bishops’ symposiums, open lectures University of Kent, and a in both the Declaration the English who first spelled out four Deputy Speakers, convened Lord Speaker summed up the of the UK Parliament (many on trial for treason before a legal and plays in the Magna Carta Governor of the London of Independence and the the rights and liberties on man in at Westminster to evaluate arguments, leaving participants of whom have signed up for tribunal of distinguished judges towns, in cathedrals and castles, Constitution of the United Magna Carta.” human rights protections eight with an appropriate closing David Ruffley MP’s All-Party led by Lord Neuberger. The town halls and town squares School of Economics States of America and in the Over the past 800 years, hundred years on from this message at the end of the Parliamentary Group for Magna ‘trial’ is due to be broadcast on throughout the UK, and in and Political Science constitutions of most of the it is denials of Magna Carta’s seminal document. They also had three-day exploration of modern Carta) joined Her Majesty The BBC World (TV) and BBC World many exhibitions and events in (LSE). He is Honorary countries of the Commonwealth. basic principles that have led the opportunity to view the four human rights: ‘Human rights, Queen, Prime Minister David Service (radio). Canada and the USA, France Visting Professor at the Magna Carta affects the lives to a loss of liberties, of human surviving copies, on display in like democracy, are not a fixture. Cameron, US Attorney General From the start of August until and Germany, Poland and of nearly two billion people in rights and even genocide taking Parliament together for probably They need constant attention to Loretta Lynch and thousands the end of September, the UK Trinidad and throughout the Universities of Kent and over 100 countries throughout place yesterday, and no doubt the first time since 1215. ensure continued effectiveness.’ of spectators at Runnymede Supreme Court Magna Carta Eastern Caribbean, in southern Warwick. He is Chairman the world; for centuries it today and tomorrow. Its 800th The highlight of the On 15 June 2015, MPs in the English countryside to Exhibition opens and the British Asia, Africa, Australia and New of the Pilgrims Society, a has influenced constitutional anniversary is an opportunity to programme was a debate on and Peers from the Speakers’ commemorate the document Library, starting in April and Zealand, and everywhere that Governor of the English- thinking worldwide including in return to the principles of this modern human rights with that the former Master of the running through September has values the principles that the many Commonwealth countries, exceptional document on which Commonwealth Scholars and Rolls, Lord Denning called “The the biggest exhibition it has ever Barons wrenched from the Speaking Union, and a as well as France, Germany, and all democratic society has been the Lord Speaker presiding; the “Human rights, like greatest constitutional document held, in addition to the four ‘original’ King at Runnymede. They had Trustee of the Magna Japan, and throughout Asia, constructed, described by the current leaders and legislators democracy, are not of all times.” copies which were displayed there to fight for it, and we are the Carta Trust among many Latin America and Africa. former German Ambassador of the Commonwealth arguing Amongst many hundreds following their day in Parliament. beneficiaries of their fight. a fixture. They need th other patronages and The values enshrined in the when he said to me that issues on morality and human of other 800 anniversary There will be coins and Magna Carta and its legacy everybody in Germany knows rights with those of the future. constant attention commemorative activities, stamps, evensongs and For further information visit appointments. Sir Robert is largely the reason for the about the Magna Carta, it is ‘the The parliamentary participants the UK Supreme Court has commemorative services, http://magnacarta800th.com/ holds joint US and British existence of the ‘Special foundation of democracy.’ and Commonwealth Scholars to ensure continued organised a mock trial in exhibitions and demonstrations, citizenship. Relationship’ that bonds my As any parliamentarian will debated the motion ‘Can you effectiveness.” Westminster Hall on the 31 July, pageants and concerts, sound

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PROTECTING CHILDRENS’ RIGHTS IN JAMAICA An urge for a paradigm shift and a beckoning for community participation in the protection of children from abuse.

It appears that the silence is data suggests that there ought the child under the CRC. breaking in Jamaica over the to be a link between child abuse In relation to child abuse, reporting of sexual abuse as and missing children. Between neglect, maltreatment and we witness an increase of the January and April of 2014, 656 exploitation, our respect is total number of reported sexual children were reported missing, shown through the range of abuse cases in 2013. The 415 of which returned home legislation we have implemented Office of the Children’s Registry and two of which were found to facilitate the provision, (OCR) statistics indicate a 23% dead. Research on the topic protection and participation increase of reported cases from also suggests that the lack of rights outlined in the CRC. children; but also recognizesxxxxxx of up to 10 years. Despite the Suppression and Punishment) Golding’s plan to ‘prescribe the previous year. The majority parental supervision, care and One of our foundational the mandatory responsibility of broad range of protection that Act, The Child Pornography harsher penalties for persons of the victims in these cases discipline that defines child legislative instruments is the all persons to report incidents the CCPA offers, there are plans (Prevention) Act (CPPA) and who murder, rape or commit Hon. Sharon were girls, though the number of neglect is also correlated with Child Care and Protection Act of children in need of care and to expand the scope of the Act. The Cyber Crimes Act. The SOA, other serious violent offences Ffolkes-Abrahams boy victims has been increasing human trafficking. (CCPA), 2004. It facilitates the protection by imposing ‘a duty Firstly, as emphatically for example, provides penalties against children and for these is a Minister of State in recent years. Over half of the Despite the alarming reality, establishment of specialized on any person who knows or indicated by Prime Minister for the abduction, unlawful cases to be given priority in Jamaica and an cases were deemed as carnal we have embarked on a mission agencies and offices to increase suspects that a child is, has Portia Simpson-Miller, the detention of a child for sexual treatment in the trial list, with abuse (sex with a child under 16 to attack the issues head on. protection, provision of care and been or is likely to be abused, government intends to create a purposes, sexual intercourse respect to scheduling and accomplished Attorney- years old), while the remaining Though Jamaica has a long participation of children. The neglected or in need of care and new offence of parental neglect with a child under the age of disposal.’ at-Law. Called to the cases were concluded as way to go, our legislation, policy present Act emphasizes the protection.’ to report it to the such that a parent ‘whose 16, sexual grooming of a child, We have also adopted the Jamaican Bar in 1981 and rapes, fondling, incest and oral objectives and programmes responsibility of parents and OCR. Importantly, note that there child is found in circumstances sexual touching or interfering Child Pornography (Prevention) the Ontario Bar in 1985, she sex. Amongst the devastating reflect major strides in tackling guardians to care and protect is a higher standard of proof for consistent with inadequate with a child; and procuring a Act (CPPA) 2009 prohibiting consequences of childhood these issues and fulfilling our certain named professionals parental care and attention’ child to become a prostitute, the production, distribution, is a committed defender sexual abuse are sexually international treaty obligations. “Despite the who work with children (which includes children found either in or outside of Jamaica, importation, exportation or and human rights specialist transmitted infections and The Jamaican government because they are deemed to unsupervised on the streets or or to become an inmate in a possession of or profiting successfully practicing in diseases, teenage pregnancy, is undoubtedly dedicated to alarming reality, we have knowledge or suspicion other public places late at night, house of prostitution. It also from child pornography, and Ontario and at tribunals interrupted education and promoting and protecting have embarked on that a child is in need of care or a child, found living with an criminalizes the act of incest employing or using children to psychological impairment. Many human rights, especially the and protection, based on their adult where the arrangement with a maximum sentence of life produce pornographic material. on immigration, human female victims have difficulty rights of the child. In 1991, a mission to attack access to certain information for exposes the child to the risk imprisonment. Additionally, the Cyber Crimes rights and criminal law. trusting males and engage in the Government ratified the the issues head example teachers and doctors. of sexual or other abuse) will The OAPA assigns a Act (CCA) 2010 complements She has a passion for risky behaviours that put them Convention on the Rights of the The CCPA also identifies be charged and prosecuted. maximum sentence of 3 the CPPA by protecting children social justice, particularly at further risk of abuse and Child (CRC). Significantly, the on. The Jamaican a range of offences: the Secondly, there are plans to years imprisonment for child from cybercrimes such as contracting sexually transmitted CRC was the subject matter of government is maximum sentence for child increase reporting obligations abandonment or exposure sexting and textopornographie. for young people. The infections. our most recent participation in neglect is three years and the by expanding the number of of child under 2 years of age, Here, we reinforced the Minister has successfully Reports of instances of child the Universal Periodic Review undoubtedly more grievous the abuse the agencies to which reports of whose life or health has been or legislation with the ratification implemented projects neglect are also on the rise, with (UPR) process which took dedicated to higher the sentence. The CCPA child abuse can be made. likely to be permanently injured of United Nations (UN) Optional for youth education and over 5,000 cases reported to place this year. Our consistent imposes sanctions such as Moreover, the CCPA’s and punishes child stealing, Protocol to the CRC on the Sale the OCR in 2013. Child neglect participation in the UPR process promoting and a $1 million fine as well as a provisions are reinforced by the kidnapping, aggravated assault of Children, Child Prostitution employment especially exposes children to unusual and is only one of the ways in which protecting human business closure order for the Sexual Offences Act (SOA), The on a child, concealing the and Child Pornography on 26 within her constituency unnecessary danger and has we have attempted to adhere to hiring of a child in a night-club Offences Against the Person birth of a child and infanticide. August 2011. of West Central St. James, undeniably contributed to the our tripartite objective to respect, rights, especially the and condemns child trafficking Act (OAPA), The Trafficking Additionally, Cabinet approved Our laws are not only geared Montego Bay. missing children dilemma. The protect and fulfill the rights of rights of the child.” with a fine and/or imprisonment in Persons (Prevention, the Minister of Justice, Mark towards combating sexual abuse

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taken on a case by case basis; are aimed at families and state care through counseling (iii) initiates contact between children. They involve public and other interventions available clients and other support awareness, rehabilitation, to families and abuse victims services; (iv) prepares reports monitoring, research and and the Victim Support Division on findings for the Courts; and data collection. Aside from ( VSD) Re-socialization projects. (v) guides the Courts by making the CISOCA awareness and The CDA, for example, has recommendations that are in education campaign, the CDA implemented the Living in Family keeping with the best interests offers a community and school Environment Project as an of the child. outreach public education alternative to placing children 7) The CDA helps to programme on child rights, child into residential care facilities. safeguard against child neglect abuse and good parenting within It involves foster care, family and ensure child protection via the context of the CCPA. re-integration, and adoption and the Police Lock-Up Surveillance Notable is that in July 2012, supervision orders. programme by investigating the agency embarked upon an The VSD focuses on children whether children have been ‘Every Child is My Child’ campaign who have been or are likely to jailed and the conditions of their geared toward engaging the be affected by violence and imprisonment. The programme community in child welfare, care abuse. For example, the cultural also offers counseling, bail and protection. In tandem with the Re-socialization Intervention arrangements and facilitates the CDA, the OCR hosts community Project is ‘a therapeutic release to parents or guardians programs which, through the help intervention for “at-risk” and and relocations to places of of media houses, disseminate hurting children aged 6 – 18 safety where possible. information on child abuse. The years from various inner- 8) Lastly, the CDA also monitors, programs also seek to relate to city communities. It provides inspects and regulates Residential children through school tours therapeutic healing for children Child Care facilities, public and addressing named schools on through the use of cultural private, to ensure adherence to matters of missing children, re-sensitization, cognitive acceptable standards of child care reporting and practical safety tips restructuring and behaviour and protection. for children to help safeguard their modification.’ The children are The preventative measures own protection. taken out of their environment are wide-ranging and target all Recognizing the pertinence and placed in a free and healthy aspects of child abuse. General of the parents’ role in preventing atmosphere where they learn measures include: child abuse, the Victim Support coping skills to overcome i) The Child’s Registry, Division also provides information trauma, self-determination and and violence against children Child Development Agency all other forms of child abuse the previous year. of child abuse directly to the created under the CCPA, which to parents via the ‘The Parents respect and positive regard for but addressing the issue of child (CDA), Centre for Investigation complaints. CISOCA works 3) The ‘Ananda Alert System’, Office of the Children’s Registry. receives, reviews and refers Place’, a ‘one-stop-shop’ authority. neglect and exploitation. For of Sexual Offences and Child closely with the CDA and named after Ananda Dean who Importantly, the application child abuse reports. The reports information centre available in or A similar and equally example, the CCPA forbids the Abuse (CISOCA), The Office represents an encouraging was abducted and murdered, protects reporters and does not only aid enforcement but near every major community. important program is the Special involvement of children in illicit of the Child Registry (OCR) atmosphere for victims to is very popular and familiar to not save or keep information are also used to guide policy The centre aims to improve Intervention Project for Schools activities such as drug trafficking and the Ministry of Youth and make reports; an investigative all. The alert system, which was entered in the report. and decision-making about child parenting skills and foster (SIPS). It emphasizes the or gang activities. Furthermore, Culture (MYC). Each arm is arm committed to ‘proactivity’, modeled off the Amber Alert 5) The Child Abuse Hotline, protection. better parent-child relationships provision of therapy to children the Adoption of Children Act, crucial to enforcement and are efficiency and effectiveness; System in the United States of which facilitates access to ii) The Sex Offenders Registry that will cultivate child care in schools who are identified 1958, on the advice of UNICEF, mutually reinforcing. Our goal is and a victim rehabilitation America, helps to put everyone immediate help, is a vital (SOR) is a newly installed data and protection. The centre as being emotionally disturbed is currently under review to not only focused on catching the centre through its provision of on the lookout for the missing enforcement measure which system managed and operated by provides a comfortable place and suffering from symptoms make the adoption process in culprit but also to address the counseling. CISOCA also tries child; it helps to mobilize public can be used by the victims or the Department of Correctional for parents, guardians and other of Post-Traumatic Stress and Jamaica less tedious, allowing needs of the victims, implement to garner the involvement of and private sectors, civil society community members who have Services (DCS) under the remit caregivers seeking not only Depression. potential parents to secure safer preventative measures and all through public education and communities to work with a duty to report occurring or of the SOA, which demands that general information but also Thus looking forward, our homes for neglected children. involve the community in programmes on Sexual law enforcement to assist in the suspected child abuse. all persons convicted of specified mentoring support from other success in tackling the issue Importantly, we have preventative measures. Offences and Child Abuse. speedy and safe recovery of 6) The CDA’s intake, offences including rape, abduction parents, specific diagnostic and of child abuse, maltreatment implemented a number of Our enforcement measures 2) The Missing Person missing children. investigation and court and the sale or trafficking therapeutic services and referrals and child neglect is hinged on protective and preventative aimed at combating child abuse Monitoring Unit of the JCF 4) We’ve also responded to services are crucial in ensuring of persons be registered in to workshops and education the purposeful involvement mechanisms that are pivotal consist of, but are not limited aims to minimize the number the emergence of smart-phones compliance and enforcement. the SOR. I anticipate that the courses on up-to-date and of not only government to legislative enforcement and to, eight crucial initiatives. The of missing children. This unit is and social media to help catch The CDA investigates reports registry will protect children positive child-rearing practices. and its institutions but also achieving our due diligence initiatives are as follows: experiencing success, and as child abuse culprits. Through of child abuse, neglect and from sexual predators as we The rehabilitative and communities, churches, schools objective to investigate, 1) CISOCA - a specialized such, I happily report that the the OCR we’ve developed the abandonment and takes will be able to identify them and support programs include the and the private sector. Child care prosecute and punish crimes arm of the Jamaican OCR Registrar reported a ten Child Abuse Reporting System appropriate action to ensure the deter re-offenders. If there are CDA’s Children and Family and protection is the duty of against our children. Some of Constabulary Force (JCF) trains percent (10%) decline in the (CARS) application. It enables child’s safety. More specifically, re-offenders the registry will make Support Unit and Multi-Agency every Jamaican citizen. our major infrastructural and police officers to investigate number of children reported users to submit reports of it (i) gathers information; (ii) it easier to find and punish them. Partnership Programme which executive arms include: The and receive sexual abuse and missing in 2014 compared to suspected and actual cases determines the steps to be More specific programmes help to keep children out of

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excessive steps which would violate fundamental freedoms and THE WAR OF TERROR AND THE undermine legitimate dissent. In pursuing the objective of eradicating terrorism, it is essential that states strictly adhere to their international WAR ON TERROR obligations to uphold human rights and fundamental freedoms .”3 Implications for good governance The former UN Secretary and fundamental Human Rights in General Kofi Annan had this to Commonwealth countries. say on the proper approach to counter terrorism: “Human rights law makes provision for counter terrorism action, even in the most exceptional circumstances, but compromising human rights The proliferation and emergence an imperative for it to begin to Some conceptual issues cannot serve the struggle against of terrorist cells around the engage the implications for Combating or overcoming terrorism. On the contrary, it world puts new demands on human rights of the ‘war on’ terrorism will not succeed if facilitates the achievement states to rethink and reassess and ‘war of’ terror. This article the means to secure society of the terrorist’s objective by the nature of security threats is a modest contribution in that are not consistent human ceding the moral high ground, and their order of priority. There direction. It is my hope that it will rights standards. To that extent and provoking tension, hatred is an interesting development kindle interests in the subject counter terrorism tools that do and mistrust of government that that has come to the fore for consideration at subsequent not comply with human rights among precisely those parts of with the upsurge of terrorist CPA conferences. Ghana like are liable to be in effective. From the population where he is most activities - the war on terror and many countries has built a case law of the international likely to find recruits.”4 xxxxxx the war of terror.1 detailed legal architecture to courts and tribunals, as well as In Hamdi v. Rumsfeld, the US Hon. Dr Benjamin As observed by Baxi, the combat the terrorist threat. This domestic courts, and the United Supreme Court Justice Sandra war on terror is said to be a ‘just paper seeks to review this legal Nations (UN) mechanisms, Day O’Connor observed that: Kunbuor MP is the war’ raising the question only of regime and how it could impact we know that some counter “It is during our most Minister for Defence in how far the nomenclature may on respect for fundamental terrorism measures have challenging and uncertain Ghana. He is the Member regard its efficient pursuit. It human rights. resulted in: moments that our nations of Genocide which defined it as: (b) Serious damage to the Islamic Conference have of Parliament for the also defocuses the antecedent This article seeks first of all to • Prolonged detention without commitment to due process “[all] criminal acts directed public or private property, proposed that activities of the or on-going forms of state and briefly engage some conceptual a charge is most severely tested; and it against a state and intended or including a place of public use, parties during armed conflicts Nandom constituency. international terrorism. On the issues as the context in which • Denial of rights to challenge is in those times that we must calculated to create a state of a state or government facility, including situations of foreign Dr. Kunbuor is a former other hand, he sees the war of it has to be read. In addition, the lawfulness of the preserve our commitment at terror in the minds of particular public transportation system, occupation be excluded from Majority Leader of the terror as one of collective intent it will address Ghana’s legal detention home to the principles for which persons or group of persons or infrastructure, or environment; or the ambit of the convention. As 5 6th Parliament of the 4th and capability of non-state actors architecture in addressing the • Denial of the right to access we fight abroad.” the general public.” (c) Damage to property, observed by Thalif Deen: and networks to deliver, organize, challenges of the threat of legal representation There is yet another The definition was said places, facilities, or systems “The very sticking points Republic of Ghana and and implement the threat or use terrorism and how this darkens • Monitoring of conversation conceptual challenge of an to lack precision and did not referred to in paragraph 1 (b) the draft treaty revolve around Member of the Executive of force directed permanently or illuminates the realization of with Lawyers acceptable definition of the get the necessary number of of this article, resulting or likely several controversial yet basic Committee of CPA against civilian populace and fundamental human rights within • Incommunicado detention phenomenon of terrorism. This ratifications. Yet a definition to result in major economic issues, including the definition 2 (International). sites across the world. the context of good governance. and ill-treatment; even arises from the notion that of terrorism is key for an loss, when the purpose of of ‘terrorism’. For example Whichever way one Lastly, the article introduces torture of detainees as well there can be legitimate resort instrumental global approach to the conduct, by its nature what distinguishes a ‘terrorist’s looks at this development, a conversation based on the as inhuman and degrading to the use of violence in certain combat terrorism. However the and context, is to intimidate organization’ from a ‘liberation it has implications for good experiences of the author as conditions of detention. circumstances. Replete in our current UN draft Comprehensive a population, or to compel a movement’? And do you exclude governance generally and a former Attorney-General of history from George Washington Convention on Terrorism in government or international activities of national armed respect for fundamental human the Government of Ghana and A joint statement by a UN to Nelson Mandela through article 2 provides a global organization to do or abstain forces even if they are perceived rights and freedoms specifically. therefore constitutionally, it’s High Commissioner for Human liberation struggles for self- template for global and regional from doing an act.6 to commit acts of ‘terrorism’. If One of the core objectives of the principal legal adviser; Leader of Rights, the Secretary General of determination are significant engagement: The above definition has not how much of that constitutes CPA is to champion the course the 6th parliament of the fourth the Council of Europe and the texts on justifications for resort Any person commits an introduced its own controversies ‘state terrorism.”7 of fundamental human rights republic of Ghana; and currently Director of OSCE in 2001 states to violence. offence within the meaning of even on very basic issues, and freedoms within member Ghana’s Defence Minister. as follows: The first ill-fated attempt in this convention if that person mainly focusing on whether the Terrorism and Human Rights states and society at large. In all these roles the author has “While we recognize that an international instrument at unlawfully or intentionally convention will apply to state The nexus between counter- As an association made up of encountered or is encountering the threat of terrorism requires a definition of terrorism was in causes: armed forces and movements terrorism measures and human peoples’ elected representatives policies on terrorism and their specific measures, we call on 1937 in the Geneva Convention (a) Death or serious bodily involved in struggles for self- rights is at a number of scalar of member states, it becomes implementation. all governments to refrain from for the Prevention of Punishment injury to any person, or determination. In addition, levels, which range from

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substantive and procedural legal twenty-five years.10 However, a and converts, conceals, disguises statement made by a former arrangements for legislative Orders has constituted Standing insurgent non-state actors References: requirements, policy considerations person accused of a terrorist act or transfers the property or Supreme Court Judge, Justice supervision of all such forces, and Select Committees for against civilian populations and 1 This distinction is taken from and policy implementation. A few will not be admitted to bail since conceals and disguises its origin Hayfron Benjamin in the Edusei services and activities. the conduct of parliamentary sites ever justified as a means of Upendra Baxi’s article “The War areas which stand out clearly are the legislation has amended and in addition, acquires, uses or Case16 that the framers of By the Constitution, the business. Order 52 (j) provides restoring their own human rights on Terror and the War of Terror: the following: section 96 (7) of the Criminal takes possession of the property. the1992 Constitution intended people of Ghana solemnly for the Select Committee on estates? This question I agree with Nomadic Multitude, Aggressive • Respect for the right to life Procedure Code of 1960 by Unlawful activity is defined to that Ghanaians should enjoy declared and affirmed a Defence and Interior. It is the Baxi is better addressed by his Incumbents, and New International • Absolute prohibition of adding terrorist offences to include financing of a terrorist act.14 its human rights provisions commitment to probity and Committee which addresses illuminating strategic discourse. Law: Prefatory Remarks on Two torture, inhuman and offences to which an accused Ghana missed an opportunity to bountifully. This consideration accountability, and the principle issues of the security sector. First, that there is the need to Wars”, in Osgoode Hall Law Journal, degrading treatment and is not entitled to bail.11 To that address and operationalize the anti- was further informed by the fact that all powers of Government The Committee consists of 18 distinguish the ‘perspectives’ of Vol. 43 No. 1/2. punishment extent, the sanctity and right to terrorism legislation in the famous that the offending statements spring from the Sovereign Will of members and has the mandate such violent recourse from those 2 Ibid. • Right to liberty life are preserved while the non- Kennedy Adjepong’s Case.15 were made during a political the People. to “examine all questions relating who are directly or indirectly harmed 3 Joint Statement by Mary • Right to fair trial admissibility to bail invades the The accused who was a debate where rules of free The Will of the people in to Defence and internal affairs.” 18 or hurt by them. A victim oriented Robinson, UN High Commissioner • Right to privacy right to liberty albeit temporary. Member of Parliament of the speech are encouraged. Ghana is expressed through This mandate of the Select perspective suggests that terrorist’s for Human Rights, Walter Ghana’s Anti-terrorism The legislation also invades leading opposition party in their representatives elected Committee on Defence and violence cannot be justified. Schwimmer, Secretary General of the legislation seeks to address a the right to privacy in as much Ghana, was involved in a heated Parliamentary Oversight in to parliament under the Interior is problematic if Second, that human rights Council of Europe and Ambassador number of terrorist concerns as as it gives power for a Senior debate on a local radio station Ghana Constitution. viewed against the backdrop as a whole ought not to be Gerard Stoudmann, Director of contained in its long title: Police Officer to apply to the with other panel members some Civilian oversight of the police Beyond the vesting of legislative of emerging regional and sub- advanced by recourse to OSCE Office for Democratic ‘An Act to combat terrorism, court ex parte with prior approval of whom belonged to the ruling and security forces in the context power in parliament under regional blocs which address collective violence - a notion of Institutions and Human Rights. 29 suppress and detect acts of of the minister (in this case the party. In the heat of the debate of counter-terrorism will ensure article 93 (2) of the Constitution, trans-border security issues. ‘ethical peace. November 2001 terrorism, to prevent the territory, Attorney-General) to intercept passions went high. The accused greater transparency of its parliament is further enjoined under Third and most significantly, 4 ‘Global Strategy for fighting resources and financial services communications for purposes was alleged to have called on policies and enhance public trust. article 103 to appoint standing Conclusion is the context-sensitive aspects terrorism’, Keynote Address to the of this country from being used to of obtaining evidence of persons from one ethnic group to OSCE participating countries committees and other committees I have deliberately focused on of the debate which raises closing Plenary of the International commit terrorist acts, to protect commission of an offence under attack persons from other ethnic have recognized civilian control that are necessary for the effective the nexus between the war on questions of justification of Summit on Democracy, Terrorism and the right of the people in this the Act. This power extends groups wherever they meet or of the military and police as: discharge of its duties. Committees terror and fundamental human terrorist violence in terms of Security, 8 – 11th March, 2005, Madrid. country to live in peace, freedom to a situation in which the said find them. […] 25.1 among those appointed in parliament pursuant to rights for a number of reasons. ‘within-nation’ insurgent violence 5 (03-6696) 542 US 507, 2004. and security and to provide for Senior Officer can enter a There was a public outcry elements of justice which are the above constitutional provision First, those prosecuting and its ‘cross-nations’ global 6 UN General Assembly, Report of connected purposes.”8 premises and install devices for over the MP’s statement as it essential to the full expression are charged: the ‘war on’ (Baxi describes practices.19 the Ad hoc Committee Established Ghana’s legislation contains the interception and retention of had the potential to ignite ethnic of the inherent dignity and of “[With] such functions, as aggressive incumbents) There are influential voices by the General Assembly Resolution most of the salient features of specified communication where violence. He was subsequently equal and inalienable rights of all including the investigation are of states with known to the effect that ‘within-nation’ 51/210 of 17th December 1996, the draft UN Comprehensive there is reasonable suspicion arrested by the police and a human beings. and inquiry into activities and rules of engagement either of terrorist recourse to violence may 6th Session, Doc. 7/57/37. Convention on Counter- that an offence has been docket prepared and submitted They have agreed that states will: administration of ministries and constitutional or legislative generis. be justified in terms of what Allen 7 Thalif Deen, (2005) POLITICS: terrorism. It also addresses a committed under the Act.12 to the Attorney-General’s office Ensure that their military departments as Parliament may Secondly, most of the leaders Buchana calls the ‘problematic UN Member States Struggle to number of the sticky points of A related legislation as part for prosecution. One of the and paramilitary forces, internal determine; and such investigation of such states were constituted morality of secession’ as well Define Terrorism, IPS, and 25th July definition which has bedeviled of Ghana’s counter-terrorism charges preferred in this case security and intelligence services, and inquiries may extend to by the will of the people through as the context of activities of 2005. the UN draft convention. measures is the Anti-Money was terrorism under Ghana’s and the police are subject to the proposals for legislation.”17 universal adult suffrage and can decolonization movements.20 8 Anti-Terrorism Act, 2008 (Act For instance, while it does not Laundering Act of 2007.13 Anti-terrorism Act. The charge effective direction and control of The power to investigate and should be held accountable. Virginia Held is of the view that 762). seek to diminish the other rights, This legislation establishes a of terrorism was made within the the appropriate civil authorities. and inquire into the activities Lastly, as opposed to those “… if we might have rights violations, 9 See section 4 of Act 762. obligations and responsibilities of Financial Intelligence Centre backdrop that similar statements 25.3 Take appropriate steps and administration of ministries prosecuting the ‘war of terror’ a more equitable distribution of 10 Ibid, section 2 (2). citizens and the Republic under which aims, among a range of made on local radio stations in to create, wherever they do not and departments is sufficiently described by Baxi as nomadic such violations is better than a less 11 Ibid, section 41. international law in its human objectives, to: Rwanda and Kenya led to the exist, and maintain effective broad to cover what in common insurgents, a distinction needs equitable distribution”.21 12 Ibid, see section 34. rights and humanitarian aspects, it (a) Assist in the identification genocides in both countries and parlance is often referred to as to be made between otherwise A useful position from the 13 Act 749. excludes terrorist acts in situations of proceeds of unlawful activity were the subject of prosecution “An important parliamentary oversight. terrorist acts by ‘within-nation’ narratives so far is that ‘within- 14 Ibid, section 1. of armed conflict if the conflict is and the combat of money in the International Criminal There are other parliamentary insurgence in liberation struggles nation’ insurgence may be 15 Republic v. Kennedy Adjepong, 2012 in accordance with the rules of laundering activities Court. However, the charge of human rights tools such as statements made or struggles for self-determination justified in situations such as 16 Edusei v. Attorney-General international law. It also excludes (b) Make information available terrorism was subsequently attribute of Ghana’s on the floor of the house on and ‘cross-nations’ terrorists the practices of the former [1996-97] SCGLR 1 from terrorist acts activities of to investigating authorities, the dropped after a review and the specific issues and parliamentary activities of a global nature. apartheid state formations but 17 Article 103 (3). the armed forces during armed intelligence agencies and the circumstances of that case. legislation is that questions asked of Ministers on In lieu of a prototype ‘cross-nations’ acts from fatwas 18 See Order 158 of the Standing conflict and exercise of their revenue agencies to facilitate the Important considerations it does not make a activities of their ministries, which conclusion, I bring back by remains unjustifiable in the Orders of the Parliament of Ghana. official duties in accordance with administration an enforcement of which led to a review of the constitutes aspects of oversight. way of concluding remarks the context of human rights. 19 Supra, pp. 16 – 19. international law.9 the laws of the Republic charge was that the charge terrorist act a capital Article 110 of the complexities and human rights Given the fact that many 20 Secession: The Morality of An important human rights (c) Exchange information with was novel and that it might offence in which Constitution enjoins parliament implications of the ‘war of terror’. national anti-terrorism legislation Political Divorce from Fort Sumter to attribute of Ghana’s legislation is similar bodies in other countries have wider implications for to regulate its own procedure An important question to pose including that of Ghana excludes Lithuania and Quebec, Boulder, Colo: that it does not make a terrorist as regards money laundering. the elaborate human rights case the death by means of Standing Orders. is how international lawyers and ‘within-nation’ acts from the Westview Press, 1991. act a capital offence in which Money laundering is defined in provisions in Ghana’s 1992 penalty will apply. It Pursuant to this provision law persons can make sense of definition of terrorism, it is 21 “Terrorism, Rights and Political case the death penalty will the legislation to include situations Constitution; which included the the Standing Orders of the the relationship between ‘terror’ obvious that the ‘war on terror’ is Goals”, in R. G.Frey & Christopher W. apply. It provides for a term of where a person knows or ought right to freedom of expression. provides for a term Parliament of Ghana were made and human rights? Put another likely to re-write international law Morris eds, in Violence, Terrorism, imprisonment of not less than to know that property forms part Our decision was further of imprisonment.” and revised in 2000. way, is deliberate infliction in fundamental ways. and Justice, Cambridge: Cambridge seven years and not more than of proceeds of unlawful activity; informed by the seminal Part 20 of the Standing of indiscriminate violence by University Press, 1991 at p. 80

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THE RIGHT TO FOOD

The agriculture industry in Mauritius has responded to the needs of the country to ensure that the right to food is met.

The Mauritian agricultural undertaken by some 5,000 Obstacles to the Right to Food industry is dominated largely farmers involved mainly in Access to food in Mauritius is by sugar cane cultivation. Out cattle, goat, sheep, pig, deer and however subject to a number of 62,100 ha of cultivable land poultry farming. Production of of constraints. These inter alia excluding forestry, some 8,000 fresh milk is around 5 million include: ha are devoted to the cultivation litres, representing around 4% (a) The increasing prices of of various food crops and fruits. of our requirements. imported food and fuel. The contribution of agriculture A reasonable level of self- (b) The increasing prices of to the National GDP of sufficiency has been achieved agricultural inputs. Mauritius was 3.3% in 2014. in some of the crop-derived (c) The limited land area Agricultural production activities food items and on almost 100% available for food production right to food. In the wake of lands to the farming community. in common traditional outdoor calf has reached an age of 3 Hon. Mahen K. are undertaken mainly by the of fresh vegetables and fruits and the increasing competition the World Food Crisis in 2008, Land preparation works including cultivation systems. months and above. Through the corporate sector and a large with around 120,000 tons of the land for other more the Government of Mauritius derocking, fine-derocking, farm To this end, a Sheltered Farming Pasture Development Scheme, Seeruttun MP is number of small farmers. Our net produced annually. economic uses. established a Food Security roads, drilling of boreholes, in-field Scheme and a Crop Nursery/ breeders are encouraged to the Minister of Agro- food requirement is estimated at (d) The climatic changes Fund to enhance local food drainage systems, utilities and other Curing Scheme have been put plant their own fodder and to Industry and Food 700,000 tons annually, 78% of The Right to Food and frequent adverse climatic production. Under this fund, land infrastructure facilities were in place to encourage farmers to decrease their reliance on costly Security in Mauritius. He which is made up of agricultural The right to food is a basic conditions causing high schemes and incentives such provided to the farming community. shift from traditional methods of imported animal feed. and food products imports. The human right which protects the incidence of pests and diseases as grants and loan facilities To address the problem of crop production. Grants of up to Milk is an important basic food was elected as an MP in food import bill represents around right of all human beings to be on agricultural production yield. were put in place to encourage climate change, adverse climatic maximum of USD 8,000 are given commodity consumed by almost 2010 and was a member 22% of total import (estimated at free from hunger, food insecurity (e) The shortage of field small farmers to engage in food conditions and the increased to farmers to adopt this modern the whole population. Supply of the Public Accounts around USD 500m). and malnutrition. labour in agricultural production production activities. incidence of pests and diseases, system of production. of this commodity is heavily Committee between The production of food crops Food and its production due to an ageing population A sum of around USD 300m cultivation under greenhouses has To encourage the sustainable dependent on imports and amounts to some 120,000 tons are the most basic of human and competition from other was provided under the Food been encouraged and promoted. production of meat, a Calf subject to frequent fluctuations July 2010 and October annually and is meant mainly concerns and are at the economic sectors. Security Fund to cover inter alia It is a fact that cultivation Productivity Incentive Scheme in prices on the world market. 2014. He was re-elected to meet local requirements. foundation of civilization. (f) The high reliance on the costs of land preparation under sheltered structures offer was put in place. Under this To raise local production as an MP in December Seasonal imports of some Despite, the progress achieved imported food. works, construction of model enormous advantages as opposed Scheme a cash incentive of USD capacity and ensure availability 2014 and was appointed strategic crops such as potatoes, by humanity, we continue to (g) The increasing use of farms, acquisition of modern to outdoor or open field agriculture, 100 is given to breeders whose of this item, farmers have been onions and garlic are allowed struggle to meet this basic need fertile agricultural land for the farm equipment, irrigation considering the fact that it allows encouraged to modernize their Minister of Agro-Industry to supplement local production of mankind. production of bio-fuels which facilities, rainwater harvesting better control over a number dairy farms. and Food Security. during the off-season. Food security means far are more profitable. systems, sheltered farming of parameters such as light, “Despite, the Moreover, model dairy farms Mahen K. Seeruttun is a The agricultural sector is more than having sufficient techniques and importation temperature and humidity, whilst progress achieved have been set up to showcase professional Accountant characterized by the low levels food to meet human needs on a Measures to address the of improved animal breeds for at the same time offering a certain modern technologies and of technology adopted resulting national basis. Other important obstacles to the Right to Food reproduction. degree of protection against entry by humanity, we practices to optimize dairy with a Master’s Degree in in high dependence on manual factors include access to safe A number of incentives and To boost the production of food of pests, weeds and diseases. It continue to struggle production. The Government has Business Administration. labour for field operations on drinking water, primary health measures have been taken crops and livestock production, also limits the use of chemical facilitated access to capital by small scale holdings. care and environmental hygiene. by the Government to ensure the Government has since 2009 inputs which are otherwise used to meet this basic providing grants and loans at low Livestock production is that the population has the leased around 300 ha of state excessively to control infestations need of mankind. ” interest rates with a moratorium

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period of 3 years as well as a long concept of organized production farmers in these two countries. Primary school students in vulnerable “Mauritius has over term repayment period of 8 years systems. In Mauritius, agricultural To ensure that the population, localities of the country are provided to enable farmers to upgrade their production has long been self- particularly the most vulnerable with a free hot meal daily. the years taken farms, acquire improved breeds regulated and not based on any groups, have access to basic Accessibility of food in bold measures to of animals for reproduction and to scientific data. staple foods, the Government Mauritius is not a problem as purchase modern farm equipment To address this issue, an has been making provision of retail outlets are available at each boost its agricultural to achieve the set objective. Agricultural Production and substantial subsidies in the budget and every corner. In addition, the production and Pasteurisation units were granted Information System has been set to stabilize prices and make these Mauritius Agricultural Marketing to farmers and dairy cooperatives up. This system provides updated foods affordable and accessible. Board plays a key social role by ensure food to increase the quality of raw milk information on production of food Rice and flour are two basic ensuring that strategic crops security and for local consumption. crops to farmers to enable the food commodities on which such as potatoes, onions and Foreign Direct Investments latter to take informed decisions there are huge subsidies. In garlic are available at all times safety. However, in the agriculture sector have on future productions to match addition to these, the prices of and at affordable prices. These we are still been encouraged through demand with supply. With this other basic commodities such products are controlled under the provision of land and Information System, there is as bread, milk products and fruit the Agricultural Marketing Act. facing numerous duty exemption. International greater stability in the production are subject to price control by challenges ahead, companies involved in the and supply of food products. Government. Moreover, there are Legislation in place to ensure production of hybrid rice, To increase local production no value added taxes on basic the right to food one of which is certified seeds and bovine capacity, through regional food items thus rendering these In Mauritius, there are a number the phenomenon semen have thus established and cross border initiatives, commodities accessible to each of regulations which are in place themselves in Mauritius to boost agreement has been reached and every one. to ensure food security. The of climate change food production. between the Government of Vulnerable families earning less Mauritius Agricultural Marketing which is having The Government has also set Mauritius and the Governments than USD 200 per month are given Act 1964 ensures that all strategic up a plan to organize local food of Mozambique and Madagascar monthly income support to enable food commodities are available to drastic effects on production. This plan fosters the for land allocation to Mauritian them to have access to basic food. the population at all times at fair food production.”

and reasonable prices. The State Trading Corporation employed by the industry and it Conclusion infrastructure in terms of storage incorporated under the State therefore provides a vital source of Mauritius has over the years and handling facilities and harbor Trading Corporation Act is income to the workers and helps in taken bold measures to boost its installations which otherwise responsible for the importation food procurement. agricultural production and ensure would not attract investments. of other strategic food items and The total revenue to producers food security and safety. However, Thirdly, fostering through other items such as rice, flour and for the sugar crop is estimated at we are still facing numerous agricultural development, not fuel at subsidized prices. USD 150m in 2014. More than challenges ahead, one of which only in terms of commodity To ensure that farmers 80% of income generated from is the phenomenon of climate production but also in terms of optimize their food crop production the sugarcane industry are in change which is having drastic value added crops, the much yield, a Seeds Act was introduced foreign exchange earnings. effects on food production. needed economic and social in 2013 to ensure that only quality The economic importance The Government is development of the rural areas seeds are used. The Consumer of the industry is further monitoring the situation closely and thereby an effective means Protection Act also allows the demonstrated by the fact that the and will take remedial measures to combat poverty. Government to regulate the prices sugarcane crop occupies nearly as and when required to ensure The Government of Mauritius of basic food commodities with a 90% of cultivated area. Sugar that the basic human right, that is is wholly committed to overcoming system of maximum mark up. production for the crop in 2014 the right to food, is always upheld these challenges in the near future was just over 400,000 tons. and protected. and will spare no effort to ensure The Sugarcane Industry The Government is taking This is a critical issue which that the whole population have Despite the numerous all the measures which it can to requires a holistic approach access to their daily requirement challenges which the sugarcane ensure that the sector remains and has to be dealt with at local, of adequate food. sector is having to face as a viable and continues to contribute regional and global level. The Government is also result of reduction in price of to the national economy. Furthermore the issue of food committed to creating and sugar in its traditional market the The policies in relation security in Mauritius and the wider sustaining the enabling sector still plays a very crucial to sugar is geared towards region poses a number of other political, social and economic role within the socio-economic increasing value by moving up major challenges. These include, environment which is an framework of the country and the value chain and making more firstly, the production of cheap essential foundation to give the agricultural sector. efficient use of the byproducts and adequate amounts of food adequate priority to food security There are over 15,000 people of the sector (which are now and of inputs for food processing. and poverty eradication. who are either directly or indirectly, referred to as co-products). Secondly, the establishment of

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terms of reference is a requirement to monitor, review OVERSIGHT AND and report to Parliament on the exercise of the functions of the Commissioner for Children and Young People; to examine ACCOUNTABILITY OF annual and other reports of the Commissioner; and to consult regularly with the Commissioner. CHILD ADVOCACY As such, the Committee’s earliest tasks comprised of regular hearings with Examining accountability in Children’s the Commissioner and the Services in Western Australia. close examination of the Commissioner’s Annual Reports - primarily focusing on the Commissioner’s strategic planning, key performance measures of the Commissioner’s Office and The Joint Standing Committee for Children and Young People the Commissioner for Children maintaining a watching brief on on the Commissioner for to be appointed for Western and Young People - which was to the Commissioner’s progress in Children and Young People Australia, and for consideration to provide Parliamentary oversight. several public policy priority areas (the Committee) is a Western be given to a joint parliamentary The debate surrounding identified by the Commissioners Australian Parliamentary committee of oversight. the establishment of the (such as early childhood, the oversight committee charged Pre-empting the Select Committee highlighted the wellbeing of Aboriginal and with monitoring, reviewing Committee’s report, the then importance of the Parliament Torres Strait Islander childrenxxxxxx and reporting on the exercise Minister for Community having this oversight and young people and the a needs be basis.11 Although to the Committee’s report.13 recommendations, advised of the functions of an Development, Hon Sheila responsibility of reviewing and promotion of a child focus in the the Committee has historically Other matters were to impact Parliament that the government independent statutory authority, McHale MLA announced in monitoring the activities of the delivery of mainstream services). considered such functions on the statutory review that “has selected the Commissioner Lisa Baker, MLA namely Western Australia’s May 2004 that the government Commissioner for the purposes Historically, the Committee an important plank to the would influence the way in which for Children and Young People as is a member of the Commissioner for Children and intended to establish a new of greater accountability also monitored effectiveness Committee’s accountability role, the Commissioner’s role would the preferred body to perform the Young People. Parliamentary independent Children’s and transparency.3 Greater of initiatives developed by the overuse of such functions be considered going forward one-stop shop complaints role.”16 Western Australian oversight committees for a Commission, to be headed by accountability to be achieved the Commissioner as the role could overly influence the and subsequently impact on Legislative Assembly children’s commissioner or a Commissioner. Legislation through monitoring and review was developed over time and direction of the Commissioner’s the method of oversight the “The defining feature representing Maylands similar position are rare, with New establishing the Commissioner is, on a broader level, one of the additional functions under the work away from the self- Committee would employ. 7 of the relationship since the 2008 state South Wales being the only other for Children and Young People basic principles underpinning Act were explored. determined strategic priorities of In November 2011, the Hon. Australian jurisdiction to have duly came into effect in 2006. parliamentary committees of Various other functions of the Commissioner’s office. Peter Blaxell was appointed to between an election. She is the such a Committee.1 Western Australia’s inaugural oversight.4 The defining feature the Committee are defined A review of the operation conduct a Special Inquiry into the Chair of the Joint The foundations for the Commissioner, Ms Michelle of the relationship between throughout the Act; including the and effectiveness of the response of public officials to independent body Standing Committee establishment of the Committee Scott, was appointed to the an independent body and its ability to make recommendations Commissioner for Children and allegations of sexual abuse at the and its corresponding on the Commissioner can be traced to the final report position in November 2007 and corresponding Parliamentary to the Treasurer in relation to the Young People Act 2006 was St Andrew’s Hostel in Katanning tabled in 2004 by the Legislative took up the role in December oversight committee is that of budget for the Commissioner for required to be conducted five (a regional town in Western Parliamentary for Children and 8 12 14 Council Select Committee on 2007. Ms Scott retired from accountability: a financial year; the ability for years after it came into operation Australia). The report (known oversight Young People. She Advocacy for Children on its her position in December 2013; They are accountable to a the Committee to request that and was subsequently scheduled as the Blaxell Inquiry) made a holds a Bachelor Inquiry into the Appointment of a and the post was taken up in parliamentary committee, the the Commissioner advise the for early 2013. number of recommendations; committee is that of of Science and a Commissioner for Children. an acting capacity by Ms Jenni committee to the Parliament and Minister on ‘any matter relating To inform the legislative notably, in this context, that accountability: They The report investigated the Perkins.2 the Parliament to the people.5 to the wellbeing of children and review, the Committee of the there “exists an opportunity for a Graduate Diploma of need for children’s advocacy In keeping with the Select With this ideal of accountability young people’;9 and the ability to 38th Parliament tabled its final whole of government approach are accountable to Development Studies in Western Australia, reviewed Committee’s recommendations underpinning the Committee’s refer to the Commissioner ‘any report in November 2012 to developing a ‘child-friendly’ a parliamentary 6 and before entering national and international and a desire reflected during work, each Committee has written laws, draft laws, reports, reviewing the functions of the system for handling complaints committee, the parliament was models of child advocacy and parliamentary debate for the developed its own monitoring policies, practices, procedures Commissioner and made a in relation to child abuse...[the made recommendations for Commissioner to be independent and review processes at the or other matters relating to the number of recommendations development of which] would committee to the the Chief Executive establishing advocacy for of executive government, the beginning of each parliament wellbeing of children and young for amendments to the Act. aim for a ‘one stop shop’…as an Officer of the Western children and young people in Commissioner for Children and - informed by its functions and people’ for the Commissioner to Parliament was prorogued before avenue for any complaint.”15 Parliament and the Australia Council of this state. Among the Select Young People Act 2006 (the Act) powers determined by agreement make recommendations upon.10 the statutory review took place; When tabling the Report, Parliament to the Social Services. Committee’s recommendations provided for the establishment of between the Houses. The Committee has only however the subsequent review the Premier, showing clear were those for a Commissioner a Joint Standing Committee on Among the Committee’s enacted these functions on of the Act had ‘significant regard’ support for the Blaxell Inquiry’s people.”

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that this number understates the which enhance the wellbeing The Act the 37th Parliament; was re-formed Review of the Commissioner for prevalence of child abuse and of children and young people; in the 38th Parliament in November Children and Young People Act neglect in Western Australia.21 monitoring the wellbeing of contemplates other 2008 and in the 39th Parliament in 2006, Government of Western The Commissioner’s proposed children and young people principles that must 22 May 2013. Australia, May 2013, p3 child abuse complaints support generally in the community; 7 For example, the Commissioner 14 The report St Andrews Hostel role could, in effect, have the inquiring into any matter affecting be observed in the developed guidelines to assist Katanning: How the system and potential to more accurately the wellbeing of children and administration of departments in reviewing the society failed our children (the report on the number of child young people, and considering impacts of legislation on children, Blaxell Inquiry Report) was tabled in abuse notifications in the state, and making recommendations the Act, including which was one of the first functions Parliament on 19 September 2012 and it may crucially develop on laws, policies, programs and that “...children and that the Committee maintained a by the Premier of Western Australia. ways to break down reporting services affecting children and watching brief on to see if it was 15 Hon. Peter Blaxell, St Andrews barriers. It is now a priority for young people.24 young people are developed in accordance with the Hostel Katanning: How the system the Committee that this role, Further, the Act requires the entitled to live in a function contemplated under the and society failed our children, if implemented, be a positive Commissioner to give priority to the Commissioner’s Act. Government of Western Australia, addition to the child protection interests and needs of Aboriginal caring and nurturing 8 Section 57 of the Commissioner November 2011, p340. landscape. The Committee and Torres Strait Islander children environment and for Children and Young People Act 16 Mr C.J.Barnett, Premier, WA, seeks to help ensure that the and young people; children and 2006 (WA). Legislative Assembly, Parliamentary implementation of this role does young people who are vulnerable or to be protected 9 Section 19(k) of the Debates (Hansard), 19 September not add unnecessarily to the disadvantaged. A third priority is that from harm and Commissioner for Children and 2012, pp6137b-6142a. reporting burden of any child who the Commissioner must have regard Young People Act 2006 (WA). 17 The Royal Commission is has suffered abuse. to the United Nations Convention on exploitation.” 10 Section 19(l)of the currently due to release its findings in To effectively achieve these the Rights of the Child.25 Commissioner for Children and December 2017. aims, the Committee must The Committee notices that Young People Act 2006 (WA). 18 The statutory review identified look beyond the mechanics the Act provides a strong basis References: 11 For example, in addition to that the term ‘one stop shop’ used This proposal would then go review was ultimately tabled assessment of the role of the of how this complaints role to ensure that the best interests 1 The NSW Parliamentary making recommendations to the by Blaxell may be misleading by on to be included as a term of on 20 August 2014, during Commissioner with regard to might operate and consider the of children and young people are Committee on Children and Treasurer on the Commissioner’s creating an impression that the reference for the statutory review which the Attorney General other relevant agencies in the current advocacy role of the given paramount consideration in Young ended on the 6 Mar 2015 budget on a number of occasions, Commissioner would have a role in of the Commissioner’s Act. advised that the Government state that are involved in the Commissioner to determine Western Australia. However, the (Committees of the 55th Parliament in 2009, the Committee referred to investigating individual complaints A further impact on the provided in-principle support to reporting of child abuse. The whether the model prescribed Committee must now consider (2011-2015) have expired). the Commissioner the Parliamentary of child abuse, so, to counter this, statutory review was that on 11 each of the recommendations. proposed child abuse complaints under the Act is strong enough whether the Act enables the Committees of the 56th Parliament Commissioner Amendment Bill 2009 the review identified the term ‘child January 2013, her Excellency Yet, it announced that support function must allow to adequately support the needs Commissioner to carry out a will be appointed shortly and it is and the Child Exploitation Material and abuse complaints support’ function Quentin Bryce, (then) Governor- any implementation of the the Commissioner to become and interests of all the children complaints function in a way that expected another like Committee will Classification legislation Amendment as appropriate to describe the role General, appointed the Royal Commissioner’s function as a trusted avenue for people to in the state, or alternatively, if will complement and strengthen be established. Bill 2009 for her consideration and contemplated by Blaxell. Commission to inquire into recommended by Blaxell (newly be made aware of the issues a strengthening of this role is the functions listed above. 2 The recruitment process for a comment. In 2010 it referred the 19 This is a significant report by institutional responses to child coined in the statutory review as surrounding child abuse and to required under the legislation. It is a weighty consideration permanent Children’s Commissioner Commonwealth Attorney-General’s the Commissioner. See note below sexual abuse. The Letters Patent a child abuse complaints support raise their concerns about child A ‘key principle’ to be but one that falls squarely within is currently underway. Department Discussion Paper, for the reference. provided that the Commissioners function)18 would be delayed until abuse. For this to occur, the role observed by the Commissioner the accountability and oversight 3 Hon. Barbara Scott, MLC, Should the Australian National 20 Reports to these organisations provide a just response for the final recommendations of will need the support of, and be (and the Committee) in carrying role of the Committee. At the Western Australia, Legislative Classification Scheme include an are only included in the data if they people who have been sexually the Royal Commission could be supportive of, the existing child out or performing any functions outset, the Committee is very Council, Parliamentary Debates R18+ Classification Category for are also referred to the responsible abused and ensure institutions considered. protection framework. under the Act is one stating interested to assess if a new (Hansard), 4 June 2008, p3435. Computer Games. In October 2012 department. Jenni Perkins, A/ achieve best practice in In addition to this delay, the The Commissioner’s most that “the Commissioner or any function would impact on the 4 Griffith, Gary, Parliament the then Committee referred to the Commissioner for Children and protecting children in the future.17 detail provided was ambiguous recent report The State of other person must regard the three priority areas: Aboriginal and Accountability: The Role of Commissioner particular written laws, Young People WA, The State of The statutory review, as to the way in which this Western Australia’s Children and best interests of children and and Torres Strait Islander children Parliamentary Oversight Committees, national and international reports, Western Australia’s Children and completed in May 2013 by the child abuse complaints support Young People19 notes that during young people as the paramount and young people; children and Briefing Paper No. 12/05, NSW and certain practices and procedures Young People - Edition Two, Perth, independent reviewing body, was function should operate. Also the 2011–12 reporting period, consideration.”22 The Act young people who are vulnerable Parliamentary Library Research insofar as they were relevant to Western Australia, July 2014, p141. provided to the Attorney General, it was unclear what impact this 13,745 notifications of abuse contemplates other principles or disadvantaged, and the Service, Parliament of New South the sexualisation of children. The 21 ibid. yet was not released. The current may have on the future advocacy or neglect of a child or young that must be observed in the Commissioner’s ability to have Wales, np, November 2005. Available Committee then requested the 22 Section 3 Commissioner for Committee, established also in role of the Commissioner. The person were received by the administration of the Act, regard to the United Nations at: http://www.parliament.nsw.gov. Commissioner consider and make Children and Young People Act May 2013, determined quickly Committee therefore considered relevant authorities in Western including that “children and young Convention on the Rights of the au/prod/parlment/publications.nsf/ recommendations as to any specific 2006 (WA). that the delay in the release its response to the review and Australia. Due to a quirk in the people are entitled to live in a Child. It is the Committee’s view key/ ParliamentandAccountability:Th actions required to be taken by the 23 Section 4 Commissioner for of the statutory review leant determined that as part of its data collection, this statistic is caring and nurturing environment that these areas must continue eRoleofParliamentaryOversightCom Government of Western Australia in Children and Young People Act significant uncertainty to the role oversight and accountability only based on those departments and to be protected from harm to be given precedence; perhaps mittes. Accessed on 7 May 2015. relation to these matters in order to 2006 (WA). of the Commissioner; hence, the role it would undertake its own directly responsible for child and exploitation.”23 even greater emphasis in any 5 Ibid., p20. better secure the wellbeing of children 24 Summarised from section Committee utilised its powers inquiry into how the proposed protection. Notifications made The more specific functions new iteration of the Act. The 6 Established Pursuant to Section and young people in Western Australia. 19 Commissioner for Children and as a parliamentary committee to child abuse complaints support to other organisations, such as of the Commissioner include Committee is continuing its 51 of the Commissioner for Children 12 Section 64 of the Young People Act 2006 (WA). make recommendations to the function should operate. the police or non-government advocacy for children and examination and aims to report and Young People Act 2006 (WA).; Commissioner for Children and 25 Section 20(1)(a)(b) Government to release the report. Of paramount importance to organisations, are not necessarily young people; the promotion its findings to Parliament in the first Committee was established Young People Act 2006 (WA). Commissioner for Children and The report of the statutory this work will be the Committee’s included;20 therefore, it is likely of strategies and outcomes October 2015. in June 2008 and met only once in 13 Public Sector Commission, Young People Act 2006 (WA).

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intimately connected to the first steps to take upon arrival, there may be an incentive Finding a practical mechanism second. Canada is currently sources of information available for immigrants to surround for inculcating the national culture IMMIGRATION RIGHTS experiencing an imbalance to newcomers, rights and themselves with those of the into immigrants, and integrating between available jobs and responsibilities of residents, same ethnic background, such newcomers while respecting available workers. the legal system, essential enclaves isolate them from the their individual liberty, may pose Too many students are documents, employment, wider society and can damage our a challenge to Canada and graduating from the humanities education, housing, healthcare, polity through formation of single other Western countries, but is The changing face of immigrants: and professional programs while transportation, taxes etc. issue or ethnic voting blocs. necessary for the preservation of Canada’s recent shift to balance too few are graduating from These guides help As important as it is to inform our civilizations and the freedom economic and family based the skilled trades. The labour newcomers adjust and fulfill their immigrants of the expectation and prosperity they have produced. market information showing legal obligations without requiring that they will integrate culturally, I believe that Canadian values, immigration the imbalance is freely available expensive legal advice from the onus is not solely on culture, and civilization are worth online. Potential immigrants immigration lawyers. They also them. Established Canadians preserving, and that it is eminently would be well advised to consult help combat human trafficking must reach out and welcome reasonable to require newcomers it regarding which occupations by alerting immigrants to the newcomers. I often encourage to aid in the task. As such, I see a are likely to be in demand when protections available to them. immigrants to join and volunteer need for a serious and thoughtful they apply. with civil society organizations discussion on such a mechanism What Canada expects from which are not limited to their leading to implementation. What immigrants can expect immigrants ethnic or religious background Moving to the next topic under from Canada Cultural Integration: Canada so that they can interact with integration, newcomers need to Canada has long been described thrive in Canada, newcomers practicing law. I later moved to With a long history of immigration, prides itself on being a multi- and befriend a wide variety of join the Canadian economy as well. as a land of immigrants. From must communicate in English Canada thinking that as a fellow Canada understands the need to ethnic country with Canadians established Canadians. the earliest European settlers to or French. Although there Commonwealth country with a connect newcomers to support hailing from all corners of the the newest wave of newcomers are significant clusters of similar English Common Law networks as soon as possible, so globe. That said, we do expect from around the world, Canada Canadians from particular ethnic heritage, Canada would allow me offers valuable settlement services. immigrants to integrate once has successfully absorbed a wide backgrounds who can assist to set up a practice with minimal The Government of Canada they arrive. They must learn the range of immigrants. Coupled immigrants from their countries hassle. Instead, it took me nine and civil society organizationsxxxxxx language, must abide by the laws with the duty to govern in the of origin, all public services and years of working in low end jobs cooperate to provide immigrants of the land, and must adhere to interest of existing Canadians, most private services are only to provide for my family while with services such as language our fundamental values such as the high demand from potential available in Canada’s two official requalifying before I was called to training, language assessments, volunteerism, individual liberty, Devinder Shory immigrants requires the languages. the Bar in Alberta. My story is not help finding a job, help with daily and the rule of law. MP has been a Government of Canada to Participation in public life unique. In fact, I often joke that life, refugee services, mentoring, I like to describe Canada’s maintain and improve an effective and responsible citizenship both the safest place to have a heart and services specifically aimed at stance on multiculturalism member of the immigrant selection process to require adequate language attack in Calgary may be in the youth or seniors. as a potluck meal in which Canadian Parliament keep numbers manageable and skills. Those without adequate back seat of a taxi, since chances Canada also provides much every culture brings the best since 2008. He was ensure integration. English or French may become are the driver is an experienced, information for newcomers. it has to offer and shares with born in Barnala, Punjab, To that end, the current permanent residents, but will have foreign-trained cardiologist. It offers free guides with everyone else. However, there Government of Canada has difficulty passing the citizenship The current Government extensive information on the are many cultural practices and India and studied for taken steps in recent years to application language requirements. of Canada is taking steps attitudes which are antithetical his BA and Law degrees reform the immigration system. Furthermore, as recent research to streamline the foreign “Canada has long to Canadian principles. At the from Punjabi University. In discussing the recent reforms, confirms, immigrants who have credential recognition process been described as a time of writing this article, the Coming to Canada in I will address several main topics. sufficient language skills fare without compromising our high Government of Canada is in Beginning with examples of the better economically, since they standards, but must cooperate land of immigrants. the process of passing a Bill 1989, Devinder worked challenges facing immigrants enjoy much better prospects of closely with provincial licensing targeting barbaric cultural in several jobs including to Canada, moving on to what finding work in their fields or using bodies, since education and From the earliest practices such as polygamy, driving a taxi before immigrants should expect from their skills. professional licensing are European settlers to underage and forced marriage, setting up his own the Government of Canada Foreign Credential provincial jurisdiction. and honour killings. Practices and what Canada expects from Recognition: Canada has very Meanwhile, I believe that the the newest wave like these and the misogynistic law practice. He has them in return, and finishing with high professional standards for Commonwealth should prioritize of newcomers attitudes which spawn them have served on the India legislative changes which have a wide range of occupations, cooperation on foreign credential no place in Canada. Likewise, Canada Association recently reformed Canada’s but could perhaps better harmonization. More standardized from around the immigrants must leave the and has sat on many immigration system. communicate these requirements qualifications and recognition world, Canada problems of their homelands to potential immigrants. would greatly aid professional at the water’s edge instead different Parliamentary Challenges immigrants face in Take my own immigration and trades labour mobility and has successfully of bringing sectarian or tribal Committees and the coming to Canada story as an example. Born and facilitate international operations absorbed a conflicts to Canada. International Trade Language: The first challenge raised in the state of Punjab and trade. wide range of Canada also expects Committee. faced by new arrivals to in India, I attended law school, Skills Imbalance: The final newcomers to join in the wider Canada could be language. To earned my licence and began challenge I will mention is immigrants.” society and public life. Although

98 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 99 IMMIGRATION RIGHTS IMMIGRATION RIGHTS Image: rmnoa357/Shutterstock.com These sessions brief immigrants for foreign criminals on Canadian number to 42 such countries by Coupled with other reforms, on what to expect and how to soil who were sentenced to October 2014 by introducing a this ensures that those economic connect upon arrival. more than six months in prison, list of designate safe countries. immigrants who are most likely Although our immigration barred potential immigrants with Asylum claims from designated to succeed in Canada are given system is reforming the economic a foreign conviction bearing a countries have dropped by 88% priority without creating paper immigration elements, it still sentence of ten or more years since 2011, freeing up resources files and backlog. operates a generous family from admissibility, and barred to address legitimate claimants reunification program. Canada applicants who are inadmissible from elsewhere. Conclusion cut the backlog in parent and on serious grounds like national Lastly, Canada has just Canada’s immigration system grandparent applications by almost security, international rights implemented a new electronic may not be perfect, and will 54% since 2012 and brought in violations, or organized crime from only program called Express continue to need adjustments the Parent and Grandparent Super applying for humanitarian and Entry which fast-tracks the from time to time, but serves as Visa which is valid for ten years compassionate consideration. most qualified candidates from an example of sensible reforms and allows multiple entries and To counter potential abuse, the economic immigration matching available immigrants to prolonged stays. the current government has also categories. The program the country’s needs. Believing that immigration reformed the refugee and asylum is based on rankings in By rebalancing the system should benefit both new and portion of the system through language proficiency, age, to better meet our economic established Canadians, Canada measures like the Designated skills and experience, and most needs without compromising has taken steps to improve the Country of Origin. significantly, existing employment family unification programs; security side of the system. This Human rights respecting offers at the time of application. by prioritizing economic was done through the Faster countries with the rule of law which It allows the most qualified category applications from Removal of Foreign Criminals do not normally produce refugees candidates from the economic those most likely to succeed; Act which imposed stiffer are designated as such, so that immigration streams to enter an and by clarifying our national penalties for misrepresentation asylum claimants from those express processing pool which expectations of newcomers, on immigration applications, countries receive additional scrutiny takes approximately six months Canada has set the stage for removed the possibility of and faster processing. from invitation to application to many years of generous and appealing a deportation decision We recently brought the total receiving permanent residency. productive immigration.

“Canada wants Economic integration: Canada Above: A Hispanic family become Canadian citizens at a wants immigrants to succeed citizenship ceremony. Canadian nationality law determines who immigrants economically as well as socially. is eligible for citizenship. to succeed We understand that working in economically as one’s chosen field or with one’s immigrants come to Canada as their residency requirement skillset is very important for morale. a land of opportunity but need a before applying for citizenship. well as socially. We As such, we want newcomers to reminder to adopt the principles The Ministry at the time understand that integrate economically, to find of individual rights and freedoms incorporated its provisions into productive work, and to contribute which make it so. Unfortunately, official government legislation working in one’s to the GDP. there are those who would abuse which was passed by Parliament chosen field or with I will touch on this more in the our generosity by radicalizing the and came into force in June 2014. next section, but I should mention disaffected or by using Canada This leads to the next major one’s skillset is that the Government of Canada as a staging ground to attack us point; the recent reforms to very important for is reforming our immigration or our allies. Canada’s Immigration system. policy to increase the relative Likewise, there are those who morale. As such, we numbers of economic immigrants accept Canada’s aid by seeking Legislative changes in recent years want newcomers for this very reason. refuge here, eventually taking The current Government of The new Express Entry out citizenship, only to travel Canada has passed significant to integrate program explicitly favours with a Canadian passport while reforms to Canada’s immigration economically, to applicants who have job offers returning to their homelands to system since forming in 2006, already in place. Unlike the join the jihad. but I will only highlight a few of find productive immigration criteria in the 1990s To address these abuses, the most recent ones. work, and to and early 2000s, the rebalanced in 2012, I introduced a Private For example, to improve system is designed to avoid long Member’s Bill in parliament the chances of newcomers contribute to the backlogs which leave immigrants to strip Canadian citizenship economically and culturally GDP. ” in a kind of application limbo. from convicted terrorists and integrating once in Canada, the Loyalty to Canada: The last traitors (without leaving anyone government increased funding major expectation I will mention is stateless) and to reward in April 2015 for expanded the requirement that newcomers permanent residents who joined pre-arrival services including be loyal to Canada. Many our armed forces by reducing orientation sessions overseas.

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NORFOLK ISLAND’S REMONSTRANCE

Norfolk Island’s Legislative Assembly and the right to self-government.

Norfolk Island is an external The Legislative Assembly under its own system of laws, territory under the authority of created in that year had plenary numerous infrastructure the Commonwealth of Australia. legislative power, subject only to a initiatives including taking At the time of writing, it is restricted list of matters on which over the operations and substantially self-governing, and it could not legislate, or could do management of the airport, a has been for the last 36 years. so only with Australia’s consent. new airport terminal, extension However the Australian Therefore, the Assembly of the electricity reticulation Parliament has recently passed could legislate on many matters network, a sewerage scheme legislation which will abolish Norfolk which in metropolitan Australia and enhanced education Island’s Legislative Assembly. would have been matters opportunities to the end of Hon. David E. Buffett That legislation will probably come for the Federal Parliament secondary education. AM MLA is the Speaker into operation in mid-June 2015. including immigration, In addition, the Legislative of the outgoing Legislative When it does commence, one of social security, customs, Assembly has passed many xxxxxx Assembly of Norfolk Island. the smallest member branches of quarantine, postal services and innovative laws including a the Commonwealth Parliamentary telecommunications. statutory social security system, He was first elected to Association – with 9 elected The Assembly could also no fault workers compensation, a the Legislative Assembly representatives – will cease to exist. legislate on matters typically health care scheme, land planning in 1979 and has been a under the authority of a State in and land titles legislation. Member of each Assembly Why has this happened? the Australian federal system, The Island’s principal industry, The explanation is given for example education, surface tourism, suffered a significant except the Twelfth. in a document entitled transport, firearms, registration downturn in recent years, which ‘Remonstrance’, which was of births, deaths and marriages, has impacted on the Island’s approved by the Norfolk Island and public health. Legislative Assembly on 20 At a third level, the local May 2015 and subsequently government level, the Island’s “This vertically- presented by the Assembly’s democratic institutions had integrated system is Speaker to the Deputy President authority over a wide range of economy. It became necessary Island Government and by the Above: The Legislative Assembly of Norfolk Island (Chamber and of the Australian Senate and the local matters, such as roads, made for simplicity to seek – to a relatively modest Legislative Assembly. They Offices are shown in the foreground). Image courtesy of Harvie Allison. Speaker of the Australian House water and electricity supply, in decision-making extent – financial assistance were formally embodied in of Representatives. sewerage, garbage, building from the Australian government. inter-governmental agreements. the Norfolk Island Legislative Norfolk Island regional council. The document’s title echoes control, and museums. and clarity in This was forthcoming, but on Those agreements did not Assembly should be abolished This model explicitly not only the title of the Grand This vertically-integrated accountability. conditions which included the contemplate the abolition of the arose quite recently, in a report mirrored the governance model Remonstrance of 1641, presented system is made for simplicity in The executive Island government abandoning Assembly or Norfolk Island’s by an Australian Parliamentary of Australia’s Indian Ocean Hon. Lisle D. Snell by the English Parliament to King decision-making and clarity in its opposition to a Federal other democratic institutions. Committee published in October Territories – Christmas Island, MLA is currently the Charles I in that year, but also one accountability. The executive government of measure to drastically reduce The expressed preference of 2014. That Committee’s and the Cocos (Keeling) Islands Chief Minister and Minister of the substantive issues raised government of the Island was the powers of the Legislative the Norfolk Island Government perspective was that “a new – which was referred to in the by the Grand Remonstrance, appointed from the membership the Island was Assembly (the Territories Law was for Federal-type functions legislative framework” was Committee’s Report in the for Tourism in the outgoing namely ministerial accountability of the Legislative Assembly and appointed from the Reform Bill 2010) and agreeing, to be assumed by the Australian required and that State-level following terms: Legislative Assembly of to Parliament. was accountable to them. The membership of the in exchange for financial authorities, leaving State-type services ought to be provided “This model has delivered Norfolk Island. Mr Snell The short background to the members of the Assembly, in turn, assistance, to the Island’s and local government functions by a state government, “most appropriate State-level was also a Member of the Australian Parliament’s recent were elected by the Island’s voters. Legislative Assembly inclusion in Australian taxation to be undertaken by the elected probably New South Wales”, on a government services to the measure is as follows. Norfolk For many years the system and social security systems. representatives of the Island’s contracted fee for service basis. Indian Ocean Territories at an First Legislative Assembly Island was given a significant worked well. The Norfolk and was accountable Those changes were community. Local government services affordable cost to residents.” of Norfolk Island. degree of autonomy in 1979. Island community funded, to them.” accepted by the Norfolk Instead, the notion that would be provided by a proposed Contrary to that though, the

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Parliament on 14 May and Royal For further information about the Assent was given by the Governor- Norfolk Island Legislative Assembly General on 26 May 2015. please refer to the following issues of As stated, at the time The Parliamentarian: of writing the Acts are yet • The Parliamentarian 2014 to commence. However it Issue Two (pages 92-95): “The is expected that they will Commonwealth of Australia and commence very shortly indeed. Norfolk Island: Bridging the Divide.” The outcome, we fear, is that very • The Parliamentarian 2012 Issue important public functions will no Three (pages 182-185): “Norfolk longer be performed by persons Island and the Isle of Man strengthen appointed from, and responsible historical ties: From mutiny to unity.” to, a legislature. • The Parliamentarian 2010 Issue That is the outcome sought Two (pages 130-133): “Governance to be avoided by the English and Democracy ‘Norfolk Island Style’: Parliament in 1641: At Risk Again?” “…that for the future your Majesty will vouchsafe to employ such persons in your great and “The outcome is public affairs, and to take such to that very important be near you in places of trust, as Above: The Remonstrance from Norfolk Island was presented your Parliament may have cause public functions to the Deputy President of the Australian Senate, Senator Gavin to confide in.” will no longer be Marshall MP (above left) by the Speaker of the Norfolk Island performed by Legislative Assembly, the Hon. David Buffett AM (above right). persons appointed from, and responsible to, a Below: Overlooking the World Heritage Listed ‘Kingston and Arthur’s Vale Historic Area’ and across to Phillip Island. Image legislature.” courtesy of Harvie Allison.

outgoing Administrator of the delivery of State-type services – of Norfolk Island and its “Norfolk Island is Indian Ocean Territories, Mr Jon including such essential functions democratically elected Members accordingly faced Stanhope, has recently publicly as education and health – are respectfully request that the expressed the view that, in the delivered by unelected persons Commonwealth Parliament with the prospect Indian Ocean Territories: under opaque arrangements of affirm the rights of the people of of a democratic “There are no democratic an unknown kind. Norfolk Island to self-government arrangements in place for State To seek to avoid that outcome by re-examining those aspects deficit, in which type purposes. Most State type the Norfolk Island community of the Norfolk Island Legislation the delivery of services are delivered to Western was given the opportunity by the Amendment Bill 2015 that result Australian State Departments Legislative Assembly to express in the removal of the Norfolk State-type services under contracts negotiated and their opinion in a referendum Island Legislative Assembly and – including such administered by Commonwealth which took place on 8 May call on the Prime Minister to public servants based in Perth 2015, and in which the electors confer on the people of Norfolk essential functions and Canberra. of the Island overwhelmingly Island the right to freely determine as education There is no input into the expressed their opinion that their political status, their content of the contracts by the Commonwealth Parliament economic, social and cultural and health – are residents of the Territories nor are should not go ahead with the development and be consulted delivered by the Service Delivery Agreements contemplated changes until at referendum or plebiscite on under which the services are the Island’s community had the future model of governance unelected persons delivered published or made exercised their right to freely for Norfolk Island before such under opaque publicly available.” determine their political status. changes are acted on by the Norfolk Island is accordingly As the Norfolk Island’s Australian Parliament.” arrangements of faced with the prospect of a Remonstrance said: Despite this, the Federal Bills an unknown kind.” democratic deficit, in which the “The Legislative Assembly were passed by the Australian

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by the Canadian news industry to be more accountable and PARLIAMENT AND THE MEDIA transparent about its ethics and professional standards. They Examining Canada’s self-governing model of criticized Canada’s system of media self-assessment as being media accountability neither comprehensive, nor consistently effective. In Canada, there has been some discussion of moving Media coverage of the leading newspapers, the Toronto In a 2009 decision of the towards a national press council Commonwealth Parliamentary Star: “An informed public is essential Supreme Court of Canada that has regional representation. Association conference on to fostering and preserving Canada’s involving a newspaper, the At a recent annual conference, Parliament and the Media democratic society”. Chief Justice discussed Newspapers Canada, which included the following headline A free press informs citizens freedom of expression and represents more than 800 daily in the Times of India newspaper: by gathering and communicating stated that: “Freedom does not and community newspapers, Parliamentarians, media must information to citizens about negate responsibility. It is vital decided to pursue a proposal be accountable for conduct. public policy issues and actions that the media act responsibly put forward by the Ontario Press The article reported that, taken by government. It performs in reporting facts on matters Council to create a voluntary in the view of delegates to this vital role without government of public concern, holding national press council. the conference, Members interference. The principle of themselves to the highest Presumably a national of Parliament and the media freedom of expression, and journalistic standards.” press council would have more The Hon. Linda should be held accountable freedom of the press in particular, Given the importance and press. Another model that was balance an individual’s desire for responsible and more cynical resources and a larger profile Reid, MLA has for their conduct and need to is essential to the working of a influence of the media, it is discussed is the self-governing privacy with the requirements of and prone to hastiness and than its regional predecessors. served as Speaker of the work responsibly to ensure that parliamentary democracy. essential that journalists be model that exists in Canada. a free press. superficiality. One conference This would result in increased Legislative Assembly democratic institutions flourish. The media are conduits for accountable for how they The Press Council considers delegate said that a crisis of awareness of its role and of British Columbia This was indeed the information about the work of perform their role. News stories Canada’s self-governing modelxxxxxx unsatisfied complaints from trust in traditional media is function and, therefore, consensus we reached at this Parliament as well as critics and commentary must be of media accountability the public about the conduct growing by leaps and bounds. greater transparency. since her election to the significant CPA conference of Parliament and individual accurate, balanced and fair. Independent self-governing of member newspapers in the Some saw this as a result I submit that these kinds of position in June 2013. that I was privileged to attend Parliamentarians. In recognition The damaging and far- bodies across Canada are gathering and publication of of rapid technological change reviews and considerations of Previously, she served in Andhra Pradesh, India from of the role of the media, many reaching harm to the reputations responsible for ensuring that the news and opinion. The Council where digital media has possible reforms of existing as Deputy Speaker 8 to 10 April 2015. It is an Parliaments provide facilities and of individuals that results from newsprint media and journalists Directors, which include both sharpened the timeframes. structures are timely and should important statement. If our support within their precincts unfair personal attacks is well are acting in the best interests of members of the public and of Information is shared globally in be encouraged. from 2009 to 2013. Ms. parliamentary democracies are to legislative press galleries. recognized. Damaging and far- the public. the profession, oversee the an instant via the Internet. There Given the breathtaking Reid served as Minister to endure, we need to ensure Their independence is reflected reaching harm to democratic The British Columbia Press mediation and adjudication is an increasing use of social changes in the media landscape, responsible for early the accountability of both in the fact that legislative institutions also ensues from Council is the self-governing of complaints, with input media which may contribute to a there is an increasing need to childhood development Parliament and the media. press galleries determine unethical and irresponsible body of the press in my own and response from both the tendency to focus on transitory ensure that existing regulatory With the 800th anniversary their own membership. The reporting about their activities. jurisdiction. It is one of five newspaper and the complainant. and personality issues. models are effective and and child care. First of the sealing of the Magna work of members of the Defamation laws permit regional regulatory bodies Apart from press councils, In the face of this, is a self- transparent. They must keep elected as a Member of Carta this year, it is opportune to press gallery is integrated individuals to bring a civil action governing the newspaper individual newspapers may governing model effective pace with the changes in how the BC’s Legislative Assembly reflect on what steps we can take into the daily operations of for damages for reputational industry in Canada. also have their own codes of enough? Perhaps regulatory media is delivering information in 1991, Ms. Reid is British today to honour and preserve the Legislature and working harm. Recourse to the courts It describes its Code of conduct. For example, Canada’s models need to be assessed on to the public and what is being our parliamentary democracies. relationships are maintained is always, however, a costly and Practice as follows: national newspaper, The Globe a regular basis to see whether delivered. Their complaints Columbia’s longest Most would agree that efforts with Parliamentarians. lengthy process. Newspapers are a vital and Mail, has a comprehensive they are meeting the challenges processes must be accessible. serving current MLA. that would promote greater Transparency is an important At the CPA conference, and essential part of a free Editorial Code of Conduct which of ensuring responsible The media are key accountability of Parliamentarians component of accountability. delegates discussed alternative and democratic society, as is publicly available. It states journalism in the digital age. accountability actors in modern and the media should be one of Parliaments are taking new ways in which the media can history has shown time and that it is “designed as a road map A major Journalism Research democracies. Both members of those laudable steps. measures to promote greater be held accountable. We again. That is why the Press to clarify the boundaries between Centre in Toronto recently the media and Parliamentarians transparency. In the British considered regulatory models Council created the Code of ethical and unethical journalism” published a report entitled must be accountable for how they Accountability of Parliament Columbia Legislature, for in different jurisdictions and Practice – to encourage the and that editorial staff “must ‘Toward Press Council 2.0: An carry out their role. For the sake Accountability is the hallmark of a example, receipts for the leading practices. highest professional and ethical not only conduct themselves international review of models of, of our democratic institutions, parliamentary democracy. In any travel expenses of Members In India, there is a statutory, standards of journalism, and honourably but must be seen to and alternatives to, the traditional efforts to strengthen that free and democratic society, citizens are now posted online on the quasi-judicial national authority in the belief that vigilant self- do so by the public.” press council’. The authors are accountability must be a priority. must have the ability to hold their Legislature’s website. that functions as a watchdog regulation is the hallmark of a from a well-respected School government to account. In order of the press. It adjudicates free and responsible press. Challenges and opportunities of Journalism at Ryerson The CPA Parliament and Media to do so, citizens must be informed. Accountability of the Media complaints against and by the The Code of Practice includes At the CPA conference, University. Law Conference was held in As stated in the Statement of Media accountability is also press for violation of ethics and such duties as accuracy, to give delegates expressed concerns The authors of the report Andhra Pradesh, India between Principles of one of Canada’s critical in a democratic society. for violation of the freedom of the an opportunity to reply and to that the media has become less saw the need for some action 8 and 10 April 2015.

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Labour Act was enacted in 1986. The Act prohibits CHILD LABOUR AND employment of a child in 18 occupations and 65 processes. It regulates the conditions of working of children in other THE RIGHT TO EDUCATION occupations and processes. As per the Act, a child is defined as any person below Is India’s Child Labour (Prohibition & the age of 14 years. The Regulation) Law enough to protect the rights Act provides penalties for of children to education? the offense of employing or permitting employment of any child in violation of the provisions of the Act. The RTE Act and Article 21-A of the Indian Constitution Within India, there is is limited in numbers. amended, will be titled as the guarantee free and compulsory considerable debate about the Child labour is therefore a ‘Child and Adolescent Labour education to all children in the economic benefits that will come problematic issue especially in (Prohibition and Regulation) age group of 6 to 14 years. It by way of demographic dividend. view of our policies being geared Act 1986’ to reflect the was observed that the existing In fact, we have been having this towards getting children out of expanded scope. The proposed Child Labour Act was therefore discourse for over a decade. work and putting them into schools amendments need to be not in conformity with the RTE Our country has one of through a rights-based legislation. passed by both the Houses of Act, as it permitted employment the youngest populations in In a move towards that end, the Parliament and receive the of a child below 14 years in the world, with almost half the the Union Cabinet approved assent of the President of India occupations and processes population under the age of amendments to the Child Labour before it becomes law. which were not prohibited. xxxxxx Prem Das Rai MP 291. We are putting effort into (Prohibition and Regulation) This article provides the Further in May 2010, it was is a member of the India evolving a mechanism that will Amendment Bill 2012 (“Child legislative background and an decided by the Government th create the millions of jobs that Labour Bill”) on 13 May 2015. assessment of key provisions of India to amend the Child Parliament of the 16 will help us put our youth into The proposal seeks to ban of the proposed amendments. It Labour Act to align it with Lok Sabha from Sikkim meaningful jobs in all sectors of the employment of children also presents an argument for the International Labour and represents CPA India our growing economy. below 14 years of age in all ensuring that the national policies Organization (ILO) Conventions on the CPA Executive Going by some of the recent occupations and processes, with on child labour and education are 138 and 182. The latter initiatives and statements certain limited exceptions. consistent and based on the child provides for a minimum age Committee as a regional embedded in the 2015 budget The proposal further prohibits rights framework. of entry into employment (ILO also referred to the Standing invited further comments and defined under the Act in all representative. He was speech of Finance Minister Arun the employment of adolescents Convention 138) and the Committee on Labour by the suggestions from the public on occupations and processes. also a Member of the 15th Jaitley, we intend to become the (14 to 18 years) in hazardous Legislation process prohibition of employment of Speaker of Lok Sabha (the the proposed amendments in its However, certain limited Lok Sabha, is currently fastest growing economy in the occupations and processes. In 1979, the Government persons below 18 years in lower house of the Indian office memorandum. exceptions have been proposed world. Prime Minister Narendra The original Child Labour of India appointed the work which is likely to harm Parliament) in consultation with The changes in the Child for the following cases: the Secretary-General of Modi is upbeat that with policies (Prohibition and Regulation) Gurupadaswamy Committee health, safety and morals (ILO the Chairman of Rajya Sabha Labour Bill were approved by a) a child helping his/her North-East MPs Forum like ‘make in India’ we will Act 1986 (“Child Labour Act”) that studied the issue of child Convention 182). for examination. In the process the Union Cabinet on 13 May family or family enterprise, which and is a member of the achieve that goal. banned the employment of labour and observed that as long After extensive deliberations, of the examination of the Bill, 2015, after taking a considered is other than any hazardous Committees on Finance, However, the underbelly of children below the age of 14 in as poverty continued, it would the Child Labour (Prohibition the Standing Committee invited view of the suggestions of occupation or process, provided this demographic is the huge only 18 hazardous industries be difficult to totally eliminate and Regulation) Amendment representatives of the Ministry different stakeholders. the work is carried out after Subordinate Legislation number of young children who and 65 processes and covered child labour. Furthermore, the Bill, 2012 was introduced in the of Labour and Employment school hours or during vacation; and Consultative go to work every day. There can less than 20% of the working Committee observed that “any Rajya Sabha (the upper house and other stakeholders, for Key Features of the Proposed b) a child working as artist in Committee on Tribal be no denying that about 1.67% children between the age group attempt to abolish child labour of the Indian Parliament) by the expressing their views and Amendment Bill an audio-visual entertainment 4 Affairs. He has also of children between the ages of of 5-19 years . through legal recourse would then Minister of Labour and suggestions on the proposed The Child Labour Bill (as industry or sports activities, 5 to 14 years old are working2. The objective of the proposed not be a practical proposition.” Employment, Mallikarjun Kharge amendments. The final report amended by the Union Cabinet) except the circus, provided that served as the Deputy Overall, ten states represent amendments is to ensure In light of these observations, on 4 December 2012. The Bill of the Standing Committee was proposes to define a child as the school education of the child Chairman of the State 80% of the child labour burden that the right to education for the Committee recommended a recommended a complete ban presented in December 2013. a person below the age of 14 is not affected. Planning Commission of in India3. They are mostly in the children between the ages of 6 ban on child labour in hazardous on child labour until the child In June 2014, after extensive years or the age defined under The Bill introduces a new Sikkim. more populous states of India to 14 years is not compromised areas and a multiple policy finishes elementary education, consultations, the Ministry the RTE Act. It links the age of definition of adolescent in like Uttar Pradesh, Bihar and in line with the spirit of the to deal with the problems of as guaranteed under the of Labour and Employment prohibition of employment to the the Child Labour Act – an Madhya Pradesh, whilst North Right to Free and Compulsory working children. RTE Act. It also added a new annotated comments to age under the RTE. adolescent means a person Eastern States do not seem to Education Act 2009 (“RTE Act”). Based on the category of adolescents. the Report of the Standing The Bill imposes a complete between 14 and 18 years have this phenomenon. If at all, it The Child Labour Act, once recommendations, the Child The Child Labour Bill was Committee. The Ministry ban on employing children as of age. A new provision has

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The Bill provides for creation Children everywhere in government has allowed children an enabling environment for education policies to ensure of a special fund – Child and the world visit their parents’ to help their family or family their development to ensure that they address the learning Adolescent Labour Rehabilitation workplace, from “mom and pop” enterprise, provided the work is a sustainable and perhaps a and developmental needs of Fund – for rehabilitation of rescued stores in the developed world not hazardous, after school hours brighter future. our children. We are investing in children and/or adolescents. The to children working in farms or during vacations. The problem of child labour imparting skill-based education Bill vests the powers with the in developing countries. Even Another major concern is a key challenge before to our youth. Even as we allow District Magistrate to ensure that Prime Minister Narendra Modi highlighted is the possible India. Parliamentarians and adolescents to engage in the provisions of the amended law assisted his father as a teenager exploitation of children due to the Government are aware of this. non-hazardous work, we are are properly enforced. at the family tea stall. Moreover, exceptions proposed in the law. Various proactive steps initiated creating policies and programs such experiences can also be There have been concerns that the by the Government have resulted that ensure it will lead to the Analysis educative and enable children to amendments will allow traditional in reduction in the number of augmentation of skills. Out of the The proposed amendments to learn the basics of an occupation employers of child labour to engage child-workers from 12.6 million box solutions, such as providing the Child Labour Act are historic while helping their parents. In fact, children in work and escape from as per Census 2001 to 4.3 onsite training and integrating it due to two key reasons. For the earning pocket money is also the clutches of law. Fears were also million as per Census 20115. with educational structures such first time, India is moving towards encouraged in many societies. expressed that practices may lead While the amendment is as evening colleges, are now a complete ban on employment Nobel Laureate Kailash to child trafficking. definitely a step in the right being attempted. of children below 14 years in all Satyarthi has said that the The Minister of Labour and direction, much more remains to A final thought is that we occupations and of adolescents demand for a ban on any kind Employment, Bandaru Dattatreya be done. We need to create robust all know that Legislation by in hazardous occupations. of labour for children under 14 has emphasized the need for structures to ensure that the itself will not fix this problem Secondly, recognising the does not mean that children collective and coordinated action national policies on child labour but empowered societies will. socio-economic realities of the cannot help their families in their by the district magistrates, labour and education are consistent. Involvement of every member of country and providing relaxation free time. inspectors and state officials to Such policies must be based on our society to do their part is the to parents in case of children Furthermore, Article 5 (3) of address this issue. the child rights framework and best antidote for this scourge. assisting their families in non- the ILO Convention 138 also He stated that more incorporate their voices. Many of the North Eastern hazardous work after school. provides that the provisions of the powers will be given to Policies which address both States of India have shown the Although the proposed convention shall exclude family and district magistrates as per child labour and poverty are way. These States of India have amendments are stricter than the small-scale holdings producing for the law. He suggested that being formulated. These must conquered this problem. That existing law, many activists have local consumption and not regularly the district magistrates and have measurable goals to assess is the way to go. Empowerment highlighted the need for a total ban employing hired workers. labour inspectors need to take the progress achieved. We must of society through education on child labour below 14 years. Therefore, to strike a balance stringent action and ensure also consider incorporating a is the key, with Child Labour Furthermore, some have suggested between the need for education strict implementation of the law, sunset clause on the provision Prohibition Legislation being that the provisions will have a for a child and the reality of the particularly in sectors where allowing children to work in non- an instrument of guidance and detrimental impact on education, as socio-economic condition and most of child labour is involved hazardous family enterprises. A providing some regulation, but children may find it difficult to work in social fabric in the country, the (textiles, carpets, handicrafts). time bound exercise will possibly mainly defining the path on a family enterprise and at the same The government also proposes be the key. which we must quickly tread. time meet the demands of school. “John F. Kennedy to formulate rules and regulations There is a need to ensure Concerns that by working after school, governing the employment that children who are working References: children will be unable to play or said that ‘Children of children in the audio-visual in family enterprises are given 1 As per Census 2011 indulge in other activities, which could are the world’s most entertainment industry to curb the sufficient time and space to 2 As per Census 2011 impact their growth and development, threat of exploitation. attend to their school activities. 3 As per Census 2011, Uttar been added to prohibit the change is the socio-economic for a term not less than six months have also been expressed. valuable resource In addition to impacting on Support, in the form of Pradesh, Maharashtra, Bihar, Andhra employment of adolescents fabric of the country. The but which may extend to two years While any form of ‘child and its best hope for the development of a child, conditional cash transfers, must Pradesh (including Telangana), in hazardous occupations amendments propose no penalty may be applicable (earlier it was labour’ ought to be prohibited, child labour also perpetuates be provided to incentivize parents Madhya Pradesh, Rajasthan, and processes, in order to provision for parents for the first three months to one year) there is a need to look at the the future.’ This sums the generation of money for the to send their child to school. Non Gujarat, Karnataka, and West Bengal protect adolescents from the offence. However, in case of b) In case of a second issue in a holistic manner up how valuable parallel economy. As Kailash Governmental Organizations constitute 80% of the working employment not suitable to their parents being repeat offenders, or subsequent offence especially within India. There Satyarthi states, no employer and civil society groups have an population between the age group of age. This is expected to provide they may be penalized with a fine of employing any child or is recognition that child labour children are, but shows that they are employing important role to play in creating 5-14 years. relief to a majority of working up to approximately USD 150. adolescent in contravention conversation has two sides – also the need to children. Addressing this threat awareness about the importance 4 As per Census 2011, working children in the age group of The changes in the labour law of the law, the minimum both the demand and the supply is important for the overall of education for children whilst children between the age group of 15-18 years, who were not provide for stricter punishment imprisonment would be one year – and is influenced by various create an enabling development of the nation. keeping them away from working 15-19 years represent 80% of the previously protected by the law. for employers for violation: to three years (earlier it was six factors including (but not limited environment for during these tender years. Simply total working children between the The amendments have also a) In case of the first offence, months to two years). to) family wealth, number of The Way Forward getting children into school has age group of 5-19 years relaxed the penal provisions for the penalty for employers has The Bill provides that the offence siblings, joblessness, education their development to John F. Kennedy said that a positive impact on economic 5 Child labour, as per Census, is parents or guardians, who were been increased from a minimum of employing any child or adolescent and accessibility. A nuanced ensure a sustainable “Children are the world’s most growth, as each extra year of currently defined as an instance of earlier subjected to the same of approximately USD 150 in contravention of the Act by an approach, keeping in mind the valuable resource and its best schooling provided to the whole child under 14 primarily working and punishment as the employer of to USD 300 to a minimum of employer will be made a cognizable social fabric and socio-economic and perhaps a hope for the future.” This sums population can increase average not in school the child. approximately, USD 300 to USD offence, which allows the police to conditions in the country, must brighter future.” up how valuable children are, annual GDP growth by 0.37%6. 6 Global Campaign for Education 2010. The reason stated for the 750. In addition, an imprisonment arrest without a warrant. be considered. but also the need to create We have re-imagined our

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DEVELOPING AN ETHICS AND The Canadian Parliament in Ottawa. CONFLICT OF INTEREST CODE One of the biggest challenges facing parliamentarians today is maintaining ethical standards and ensuring that public confidence in parliament is assured.

When parliamentarians take the a delicate balance between the those communities and regions oath of office, it is because they public interest, the reputation while serving the public interest are “assuming positions of public of the institution or profession and those they represent to the trust,” says James Robertson, a in question and the legitimate best of their abilities; former senior analyst with the interests of the individuals to (b) to fulfil their public duties Canadian Library of Parliament’s which the code applies. while upholding the highest Parliamentary Research Service; standards so as to avoid “the oath of allegiance is a Recent History conflicts of interest and maintain pledge that they will conduct Dating back to at least 1973, and enhance public confidence themselves ‘patriotically,’ and in federal parliamentarians in and trust in the integrity of each Hon. Anita Raynell the best interests of the country.” Canada have been guided Senator and in the Senate; In an era driven by 24-hour by a series of ‘green papers’, (c) to arrange their private Andreychuk is a news channels, social media and guidelines, studies and reports affairs so that foreseeable real Senator in the Canadian information communications describing the standards against or apparent conflicts of interest Code should be strengthened Conflict of Interest for Senators, the best of their knowledge, they “The new Code now Parliament since 1993, technologies, however, the oath, which parliamentarians’ ethics may be prevented from arising, and improved to reflect the Senate Ethics Officer and are in compliance with it. opens with: following diplomatic unto itself, is insufficient proof that and behaviour could be judged. but if such a conflict does changing realities and public Parliamentary counsel, the This preventive enforcement the public interest is being served Between 1978 and 2003, arise, to resolve it in a way that expectations. In particular, it Senate adopted several key mechanism reflects the ‘Senators shall posts on behalf of Canada according to the public’s expectations. at least six bills were proposed protects the public interest. was determined that a clearer amendments in early 2014. emerging norm in ethics regimes, and as representative There is no evidence to suggest that centred on governance of It then went on to detail how and more transparent process The new Code now opens including in Britain’s House give precedence to to the UNEP and the that today’s parliamentarians take parliamentary conduct, but all Senators and their families were for conducting an inquiry into with the following statement: of Lords and among senior their parliamentary UN Human Rights public service and the responsible died on the Order Paper before expected to carry on their private an alleged breach of the Code “Senators shall give precedence public servants. It ensures that use of public resources any less they could be passed into law. business, refrain from using their needed to be established, while to their parliamentary duties and the Code remains current in duties and functions Commission. She was seriously than their predecessors. By and large, these initiatives influence for personal gain and greater depth needed to be functions over any other duty Senator’s minds, as a source of over any other instrumental in setting But parliamentarians’ sense of focussed on issues of conflict publicly disclose their interests given to the principles detailing or activity, consistent with their guidance in their deliberations on duty or activity, up the Senate Committee integrity is no longer assumed. of interest. Such was also or any gifts or sponsored travel acceptable behaviour. summons to the Senate, which matters of parliamentary ethics on Human Rights and is Instead, parliamentarians today are the case when amendments above a certain threshold. After all, the Code had been commands them to lay aside and behaviour. It also provides consistent with expected to be willing and able to to the Parliament of Canada The Code also provided established under that same all difficulties and excuses to useful reassurance to the public. the first female chair of withstand public scrutiny of their Act, adopted in 2003, led to for the creation of a Standing Act that created the Senate perform their parliamentary duties This was reinforced by a their summons the Senate Committee interests, behaviours and ethics. the creation of the Conflict of Committee on Conflict of Ethics Officer; nine years later, and functions.” new, streamlined process for to the Senate, on Foreign Affairs and It is therefore necessary Interest Code for Senators. Interest for Senators, which the integrity system the Code This principle now stands determining whether a Senator which commands International Trade. She that the public’s expectations The Code quickly became was responsible for all matters articulated had matured to a front and centre, guiding has not complied with his or her be translated into a set of the key mechanism for ensuring relating to the Code. This ensures point where it needed to be Senators’ interpretation of the obligations. The new process them to lay aside also chairs the Committee principles and policies to which that Canadian Senators live up that the Code remains relevant broadened to reflect a more Code and providing a day-to-day consists of a preliminary review on Conflict of Interest parliamentarians can adhere to the public trust in which they by conducting regular reviews comprehensive public awareness reminder of the oath each of followed, if necessary, by an all difficulties and for Senators and is a and, in the event of perceived are vested. It began with a set and suggesting improvements. of what modern professional us took upon being summoned inquiry by the Senate Ethics excuses to perform long-time member of or real transgressions, against of three principles stating that conduct and ethics for to the Senate. Senators were Officer. Conducted at arm’s which they can be judged. As Senators were expected: Strengthening the Code parliamentarians should entail. also now required to file annual length from the Committee, this their parliamentary the CPA, serving on the professional associations and (a) to remain members of One such effort was launched After months of deliberation statements of compliance with investigative process ensures duties and Executive Committee of parliaments across the world have their communities and regions early in 2013, when the and consultation between the SEO, confirming that they that Senators themselves functions.’ ” the Canadian Branch. discovered, this involves striking and to continue their activities in Committee agreed that the the Standing Committee on have read the Code and that, to are no longer involved in

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the adjudication of the facts “As Winston By articulating the principles of a workshop hosted by the selflessness, integrity, objectivity, surrounding an alleged breach public integrity and trust to which Commonwealth Parliamentary accountability, openness, of any section of the Code by a Churchill once Senators are expected to adhere, Association at Monash University honesty and leadership among peer. Instead, the Committee is said ‘To improve they gave effect to the Code’s in Melbourne. public office holders. responsible for the consideration new title: The Ethics and Conflict The workshop provided an Irrespective of their common of the inquiry report and, if the is to change; to be of Interest Code for Senators. opportunity for parliamentarians Westminster heritage or other report establishes that a breach perfect is to change Broadened in scope beyond the from around the Commonwealth similarities, however, each has occurred, recommending erstwhile almost exclusive focus to deliberate on a set of parliament must develop its appropriate sanctions. often.’ ” on matters of conflict of interest, Recommended Benchmarks for own tools for the effective A list of remedial measures the new Code combines guidance Parliamentary Codes of Conduct enforcement of parliamentary or sanctions included in the new authority to provide general for Senators’ daily behaviour with a developed under the leadership behaviour in a manner that is Code sets out the responses information about the Senate clear statement of the procedures of Associate Professor Hon. Dr. consistent with its own particular available, from least to most ethics and conflict of interest for addressing real or apparent Ken Coghill. practices and structures. intrusive. The ultimate decision regime to the public and to inform breaches of the Code. Our discussions revealed Instructive, in this regard, is of which sanction or remedial the public about the status of a that, while parliamentarians that Parliamentary Codes of measure to apply rests with the preliminary review or inquiry. Sharing Best Practice generally agree on the principles Conduct appear best oriented Senate Chamber as a whole. While simplifying the As parliaments around the that should guide us for the towards the discharge of natural This three-staged process enforcement process and world continue in their efforts to preservation of public trust in justice. Bearing parliamentary ensured that there would be no increasing openness and develop appropriate means for our respective legislatures, the privilege in mind, the duty to act ambiguity as to how the Senate transparency are virtues in governing their members’ ethics mechanisms and procedures that fairly – rather than a focus on would be obliged to react if one themselves, a key consideration and behaviour, it is perhaps make such Codes enforceable legal rights and due process – of its members was suspected of was that these changes would unsurprising that it is these are best developed to reflect the provides the surest means to breaching the Code. give the Code new value and procedural considerations that nuances of each jurisdiction. demonstrate a solid commitment Further strengthening the currency as a guide to help pose the greatest challenge. Few who are truly committed to the public interest and to avoid Code’s transparency, the Senate inform and educate Senators In early April 2015, I was to public service would dispute public perceptions of bias. Ethics Officer was given express and the public alike. privileged to participate in the universal importance of In addition to the principles of honourable conduct and the right to a fair hearing, parliamentarians tend to agree on at least one other characteristic that is critical to the effectiveness of all parliamentary codes of conduct: ‘Codes of conduct must remain relevant, be regularly reviewed and remains as central to the updated and made familiar to all effectiveness of the Senate’s those to whom they apply, as well new ethics regime as ever. The Commonwealth as to the public whose interests Indeed, the Senate of Parliamentary they aim to uphold.’ Canada’s Ethics and Conflict of Association (CPA) In its ten years of existence, Interest Code for Senators will the Senate of Canada’s Code continue to change as long as produces a number has already undergone several dynamism remains a defining of documents and rounds of changes. feature of the societies and public booklets including The latest measures help expectations it seeks to uphold. the Recommended transform the Code into a tool As Winston Churchill once Benchmarks for to which Senators can turn from said “To improve is to change; to time to time as they determine be perfect is to change often.” Codes of Conduct appropriate courses of action, In an era of rapid social for Members of thereby ensuring that they are change, perfection may be Parliament. regularly reminded of its provisions. an impossible standard for It is hoped that this new internal accountability systems, Please contact awareness will assist in ensuring standards of conduct and ethical that the new Ethics and Conflict behaviour to meet; set against [email protected] for further information of Interest Code for Senators the imperative of maintaining or visit www.cpahq.org to download a copy. is both more accessible and public confidence in our adapted to the evolution of public parliaments, however, regular expectations. But the role of improvement remains a constant the committee in anticipating and necessary pursuit. and affecting further changes

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Right: Participants at the Commonwealth Parliamentary Association Benchmarks for Codes of Conduct Workshop for Members of Parliament in partnership with Monash University and hosted by the CPA Victoria Branch in Melbourne, Australia in April 2015.

Below centre left: The opening ceremony of the CPA Parliament and Media Law Conference which was held in Andhra Pradesh, India between 8 and 10 April 2015.

Below centre right and bottom: The 26th Commonwealth Parliamentary Seminar which was held in Dhaka, Bangladesh from 17 to 22 May 2015 .

Above: The opening ceremony at the Commonwealth Parliamentary Association Executive Committee Mid-Year Meeting held from 27 April to 3 May 2015 in Sabah, Malaysia.

Left: Participants at the 12th Canadian Region Parliamentary Seminar at the Houses of Parliament. The packed programme was hosted by Mr Joe Preston MP, Chair of the CPA Canada Branch and ran from 24 to 30 May 2015 in Ottawa, Canada.

Left: The Commonwealth Parliamentary Association Professional Development Programme for Clerks which was held at the CPA Secretariat where attendees included (front row left to right) Ms Kerry Scott, Manager, Public Information & Chamber Operations, Parliament of New Zealand; Ms Heather Lank, Principal Clerk, Senate Directorate, Parliament of Canada; Mr Paul Martinez, Clerk to the Gibraltar Parliament; Dr Szabó Zsolt, Legal Officer, Legislation Department, National Assembly of Hungary.

116 | The Parliamentarian | 2015: Issue Two The Parliamentarian | 2015: Issue Two | 117 CWP REGIONAL STRENGTHENING: CANADA Parliamentary CWP NEWS Commonwealth Women Report Parliamentarians (CWP) from Canada report on regional activities. NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS UNITED CWP at Ottawa Outreach Event progress of gender equality In another session that in a legislature of 19 MLA's was KINGDOM: In November 2014, the that has been made within discussed how to set up and a glaring statement of just how Parliamentary Commonwealth Women the Commonwealth over the effectively run a campaign, under represented we are at this ‘Wash-up’ ahead Parliamentarians (CWP) decades. Using Canada as a Lisa Dempster and Wendy level and a reminder of how much Canadian Region held an prime example, she noted that Bisaro were able to have work we still have left to do.” of general election outreach event at the Parliament the number of women that hold considerable input by answering Lisa Dempster is thankful Page 132 Buildings in Ottawa, the national a seat in Canada’s House of the many questions posed by to the CWP for allowing her to capital of Canada. Hosted by the Commons now stands at 25%, the attendees. In particular, travel this great distance to offer AUSTRALIA: Hon. Noël Kinsella, Speaker of a success when you consider considerable discussion around support to those women who the Senate, and the Hon. Andrew that just 30 years ago it stood at fundraising revealed that this are interested in sitting at the Tributes in Scheer, Speaker of the House just 9%. seemed to be a primary area of tables where policy is made and parliament as of Commons, the reception was After her speech, Ms. Truppe concern. The topics of working changes are implemented. former Prime well attended by over 30 MPs invited the guests to enjoy the in male dominated environments, As a final remark, Ms. Minister Malcolm and Senators, university students reception and all of the CWP the challenges of public life and Dempster said: “It's imperative and members of specially invited representatives were able to basic campaigning information that we continue to see female Fraser dies women’s groups. network with other guests to were also widely discussed representation grow in the Page 134 In addition to the keynote speaker, further promote the CWP, its At the conclusion of the legislatures across our country. CWP Federal Representative goals and successes. event, Lisa Dempster noted Women do bring a different (Canadian Branch), Susan Truppe MP that there are many challenges perspective to the table. Politics for Ontario, the CWP was represented North West Territories to campaigning in the remote can be a viable and rewarding by Vice-Chair (National) Laura Ross, Campaign School for women north. Those challenges include career for women and those of Member of the Legislative Assembly In preparation for the general not only getting elected, but us involved have an important of Saskatchewan and steering election in October 2015, the once elected, being effective in responsibility to encourage committee members, Lisa Thompson, Status of Women Council of your role. Towns are very spread and support those interested in MP Ontario and Lisa Dempster, Canada’s North West Territories out, air travel is costly and often pursuing this worthy vocation.” Member of the House of Assembly, (NWT) held a campaign school smaller areas speak a native Newfoundland & Labrador. in February 2015. The event language that may require an In her speech, Ms. Truppe, was organised by CWP member, interpreter at the door. Because also the Parliamentary Wendy Bisaro, a MLA in the of the vast geography, door to Secretary for the Status of NWT, along with Lisa Dempster, door campaigning isn't always Women, outlined the goals of MLA for Cartwright - L'Anse possible, so the importance the CWP since it formed in the au Clair in Newfoundland and of signage with a brief but Canadian Region ten years Labrador and a member of the clear message that voters will PRESIDENT OF ago. Ms. Truppe spoke of the Steering Committee of the CWP, remember is essential. CWP’s determination towards Canadian Region. These challenges are increasing the number of female The campaign school was heightened when the candidate INDIA ADDRESSES members in the parliaments attended by 45 women from all is female; gender issues and of Commonwealth countries over the vast territory who were ‘old boys’ clubs’ are still alive and and its promotion of the interested and engaged. A panel well in many parts. However, Page 128 greater participation of women discussion took place with Lisa Ms. Dempster was encouraged PARLIAMENT parliamentarians within the Dempster, representing the CWP that an impressive number of Commonwealth Parliamentary along with Wendy Bisaro and women are considering running Further reports of regional Association (CPA) members. Jane Groenewegen, the only two in the general election (at least CWP activities received by SRI LANKA NEW ZEALAND CANADA Emphasizing that a central elected women in the NWT. The six) and is hoping they will be the CPA Secretariat will be Budget announcements and feature of our democratic panel discussed the role of MLAs, encouraged and supported. Ms. published in future issues of Financial Measures Referenda proposal landscape is the representation managing people's expectations Dempster offered her future The Parliamentarian and at discussed for New Zealand flag Cabinet Reshuffle and maintaining a work/life and active participation of assistance to any women who www.cpahq.org. Page 120 Page 122 Page 126 women in our parliaments, Ms. balance in public service. moves forward with an election Truppe was able to report the plan. She noted that “two females

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Amendments to the around 15% annually in nominal Revenue Proposals process which would prohibit Appropriation Act 2014 are terms during the same period. Elaborating on the revenue anyone possessing more than people friendly measures, the Minister proposed three licenses. On 29 January 2015, the Expenditure Proposals several new forms of taxes. A Commenting favourably on Minister of Finance of the new The Minister proposed a salary tax termed as Mansion Tax of the measures taken to uplift Government of Sri Lanka made a revision for the public sector and Rs. 1 million would be levied on the lives of people and public special statement in Parliament. stated that it would be recorded owners of all houses valued at servants, the Leader of the The foremost intention of the as the highest ever salary increase Rs. 150 million or more, or on Opposition, Hon. Nimal Siripala Statement was to implement granted to public servants of houses above 10,000 square feet De Silva MP stated that the specific measures to provide Sri Lanka. He also proposed an whichever is higher on an annual Opposition would be the main relief to the people by reducing increase to pensions. basis. Migrating Tax is a tax of shareholder in providing these the rising cost of living. It was a Beneficiaries of Samurdhi 20% on foreign exchange taken benefits. He stated that the pledge given at the Presidential Welfare Scheme were granted out of the country by Sri Lankans proposals are minor changes Election campaign under the 100 enhanced monthly payments who permanently leave Sri Lanka. to the proposals brought in the day programme. with an increase of 200% with A payment of Rs. 500,000 was previous Budget. He said that In his statement, the effect from April 2015. In order proposed to be charged to dual it was doubted whether the Minister of Finance, Hon. Ravi to reduce the cost of living, citizenship holders. Super Gain revenue proposals were practical Karunanayake MP proposed the Minister made several Tax is a one off payment that any and realistic. The Parliament chamber several measures to provide significant proposals to reduce company or individual who has He inquired about the relief to the general public as well fuel prices, passenger bus fares earned profits over Rs. 2,000 million Government policy regarding as several other revenue and and school van hiring charges, in the tax year 2013/2014 would be the casino industry and stated He requested relief for the said only good thing that he could had been an issue with the tax cost, so the tax paid by the people expenditure proposals. He also taxes on 13 essential goods and liable to pay 25% of their profit. that indirectly the Government parties. He further pointed out that observe was the relief given to the imposed on hybrid vehicles, electric would effectively be utilized. stated the importance of making LP gas prices. It was proposed to reduce has legalized it. Commenting on the proposals do not address the PAYE taxpayers. and hydrogen powered vehicles The amendments were the statement in a situation Additional proposals taxes applicable on motor cars the newly introduced taxes, the anomalies in pensions. He stated that the imposition have been given total tax relief. debated for three full days and put where it has made a significant included granting 15% interest with engine capacity less than Super Gain Tax and Mansion Tax, The Hon. Prof. Tissa of the Mansion Tax has not The Minister denied fact that to the vote. 165 voted for and 1 change in the structure of the line for deposits of senior citizens; 1,000 cc by around 15%. The he stated that taxation should be Vitarana MP was of the view even considered the principles the proposals were focused against and the Act was passed. Ministries in the government. providing an allowance for Minister was of the view that the based on clear and fair criteria. that Government should of Economics and that the on settling long term expenses Since the number of Ministries pregnant mothers; granting present practice of depreciating He stated that the then have sustainable economic contingent liabilities are included through one-off or short term was reduced from 71 to 31, 50% reduction for farmer’s the value of vehicles at the point Government had taken a number development and there needs to only in the consolidated fund revenues. He stated that it had to it required the reallocation of loans; providing guaranteed of import has created many of measures to empower be investment in infrastructure but not in a Budget. He informed confine to the budgetary proposals resources to newly created price for tea leaves, rubber mal-practices, including under the local farmer but the new development as well as in that the report of the Taxation of the previous Government. Ministries and seek the approval and liquid milk; empowering valuation of vehicles and changing proposals may adversely affect industrial development. Commission should be referred The Minister also stated that of the Parliament to formalize the the Youth Parliament; the date of registration which local farmers and inquired However there is no guarantee and it has given good direction the previous Government was new structure. increasing the Decentralized has led to a significant amount of whether the subsidies provided from the way the Budget has towards a better tax policy. on a construction revolution Expressing views on the Budget (DCB); special revenue loss to the government. by the previous Budget would been prepared that the proposed The Minister of Power and which had not adhered to proper Budget 2015, the Minster stated relief for people who had Therefore, he proposed to remain the same. mechanisms would be sustained Energy, Hon. Patali Champika benchmark costs and had no that the estimated deficit in the pawned jewellery; increasing remove the depreciation table The Hon. Sunil Handunnetti and he said that they were Ranawaka MP stated that this strategic revenue plans and he Budget does not reflect the healthcare expenditure to 3% with immediate effect and to MP stated that it is a positive very short-sighted budgetary government was elected mainly outlined the magnitude of debt contingent liabilities that the of GDP; increasing education revise the excise taxes applicable factor that reliefs are granted measures. The type of taxation, to establish political reform in the created in the country. country has incurred over the past expenditure to 6% of GDP; the on hybrid vehicles in order to on the cost of living but certain which is based on earnings country and at the same time it The Minister of Finance few years. establishment of Innovator’s rectify the disparity between practical issue have arisen due to acquired in the past, is a poor may focus on providing some concluding the debate on He said that the total Commission; and providing hybrid and normal motor cars. certain proposals made. Through system of taxation and that very economic benefits to the people. the Amendments to the ‘government’ debt at the end of concessions for Colombo City A one off special levy of Rs. the new taxation mechanism act has already been producing He said that it could not expect Appropriation Act stated that the 2014 would be about 74.4% and Dwellers relocated against 1,000 million was proposed to be imposed on imported vehicles, negative effects. long term economic plans from government is drafting roadmaps its real value would be about their will. imposed on all casino operators he stated that the people who Expressing his views on this government. to empower state owned 88.9% if the contingent liabilities and an annual levy on liquor and are already in the process the tax policy, the Hon. D.E.W. The Minister stated that the enterprises by eliminating waste are included. Sri Lanka’s annual beer manufacturers. The Minister of importing a vehicle face a Gunasekara MP stated that it most important factor in these and corruption. He stated that the The Minister of Finance, real economic growth averages stated that it had been decided greater difficultly as they have to could not expect a change to the proposals was the removal of mega projects which had been Hon. Ravi Karunanayake MP around 7% during the last three to reformulate the licensing open the Letters of Credit (L/C) prevailing tax policy in a proposal unreasonable taxes on consumer initiated by the then government addresses the Sri Lankan years, while it expanded by regulations through a tendering before the new tax is imposed. made in about 20 days, but the goods. He stated that though there would be continued to the actual parilament

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leave from 14 to 18 weeks and to provisions necessary to effect the leave [and] it has already locked in drawn from party lists, with the extend other support measures. intent of the legislation. Moving […] the fiscal appropriation to do overall number of MPs being REFERENDA PROPOSAL Ms Moroney’s Bill nevertheless the third reading, Ms Moroney just that.” determined by a party’s proportional proceeded to be considered commented: “What a wild ride share of the party vote. by the Committee of the whole this has been.” Referring to the By-election win for Prior to his election as TO DECIDE ON NEW ZEALAND House on 25 June. Committee stage of the Bill she Winston Peters Northland MP, Mr Peters had The committee agreed to the said “[National] filibustered a Bill On 28 March 2015 Rt Hon. served as a list MP for New first three clauses of the Bill by that would give 26 weeks’ paid Winston Peters, the Leader of Zealand First, having first entered FLAG DISCUSSED 60 votes to 59 on 23 July 2014, parental leave to families […] in New Zealand First, won the seat Parliament in 1978 as a National the last Member’s day before order to try to stop it from going of Northland in a by-election MP. He has been an MP for all but Parliament was dissolved. ahead […] following the resignation of two terms since then. The Committee of the whole So after all of this, what have former Northland MP, Mr Mike In his first speech in the New Zealand Flag Referenda The Co-Leader of the Māori for setting salary rises. Urgency At the Committee of the whole House resumed its consideration we achieved? […] we have Sabin (National). House following his win, Mr On 12 March 2015, the Deputy Party, Ms Marama Fox MP, was used to ensure that MPs did House stage, the Green Party in November and December pushed the government into Mr Peters won the seat with a Peters remarked: “It is a privilege Prime Minister, Hon. Bill English expressed her desire for a flag not receive a backdated 3.56% did not win sufficient support following the September general extending paid parental leave to majority of 4,441 over National’s to be back, as the Member of MP (National) introduced the that represents her “duality of salary increase that was due to be for an amendment that would election when National party 18 weeks over the course of the candidate. In the September 2014 Parliament for Northland.” New Zealand Flag Referendum nationhood”, and Mr James paid the following week. have revoked the pay increase increased its majority by one seat. next 2 years.” general election National, the Mr Peters’ election as an Bill for its first reading. He Shaw MP (Green) highlighted the At its third reading, Minister but allowed time for further The committee voted against Ms Sarah Dowie MP governing party, held the seat with electorate Member reduces the reiterated the government’s fact that “twelve percent of [the] for Workplace Relations consideration of the criteria used the remaining clauses, including (National) countered by saying: a majority of 9,300 votes. number of National Members from “commitment to hold a binding population identifies as Māori, and Safety, Hon. Michael by the Remuneration Authority. the purpose clause, by 61 votes “We do support the spirit of the Under New Zealand’s Mixed 60 to 59 in the current 121 member referendum on the New Zealand but [the] current flag ignores the Woodhouse MP (National) In the third reading, Green to 60. On 25 February 2015, after Bill […] but we disagree as to the Member Proportional electoral Parliament and creates a list flag well before the 2017 general indigenous people of this land.” said that the Bill “is the Party Co-Leader Ms Metiria Turei a failed motion to recommit the fiscal constraints and how we are system voters have two votes: one vacancy within New Zealand First. election.” He said that should New Opposing the Bill, Hon. Phil government’s response to the MP said: “We are opposing this Bill to further consideration by going to implement it.” for their preferred electorate MP Zealanders vote in favour of a Goff MP (Labour) said: “Two most recent determination of legislation because it does not the Committee of the whole Hon. Michael Woodhouse and the other for their preferred new flag,“the Bill provides for this percent of New Zealanders think the Remuneration Authority, […] do what the government says it House, the Bill proceeded to MP said: “The government does party. The number of electorate to become the official flag of New that changing the flag is an The government considers this wants it to do […] The purpose of its third reading lacking the intend to increase paid parental MPs is topped up by Members Zealand by amending the Flags, important issue.” He suggested increase to be disproportionate the legislation […] is to constrain Emblems, and Names Protection that a single referendum could to the salary movements in the public sector pay.” The Bill passed Act 1981.” be held “at the same time as wider public sector and unfair by 106 votes to 14. Mr English explained the the general election, to save the to taxpayers. The Bill limits government’s intention to hold $26 million the government is the Remuneration Authority Changes to Paid Parental a two-stage postal ballot that spending.” Also opposing the consideration to applying the Leave Legislation “begins with a vote on alternative Bill, Mr Denis O’Rourke MP wage growth in the public The Parental Leave and flag designs and concludes with a (New Zealand First), stated his sector, as measured by the Employment Protection (Six clear choice between the current preference for the current flag quarterly employment survey, to Months’ Paid Leave) Amendment New Zealand flag and the most saying “Everybody knows it. MPs’ remuneration.” Bill, a Member’s Bill in the name of preferred alternative design.” Everybody respects it.” Speaking in support of the Ms Sue Moroney MP (Labour) Mr Jono Naylor MP (National) The Bill passed its first reading Bill, the Deputy Leader of Labour, was negatived in its third reading spoke in favour of the Bill, saying: by 76 votes to 43, and was referred Hon. Annette King MP noted on 25 February 2015 when the “The current flag was put in place to the Justice and Electoral in the first reading:“Using this voting was tied at 60 votes in in 1902, so it probably is a good Committee for public submissions. measure means the remuneration favour and 60 against. time for us to stop and ponder the of Members of Parliament will The Bill as introduced would future of our flag in New Zealand.” Legislating against MPs’ increase in line with the average have extended paid parental Fellow National Member Ms Pay Increase public sector salary.” leave from 14 to 26 weeks in Joanne Hayes MP added: “We Under existing legislation, the Mr Grant Robertson MP staged increases. Under the need a flag that tells the world that independent Remuneration (Labour) said in the second Standing Orders, any Member we are Aotearoa New Zealand.” Authority used certain criteria reading: “I think the government other than a Minister may Hon. Maurice Williamson MP (for example, the need to achieve needs to explain very carefully propose a Bill for inclusion in (National) described the difference fairness for both the Member and to us why it is limiting this to the the ballot. The Standing Orders between the Australian and New for the taxpayer) to determine the public sector. If we looked across prescribe the rules around the Zealand flags. “They have got white salaries of MPs. the economy more broadly, then I priority of Member’s Bills on the stars; we have got red ones. They The House sat under would have more comfort.” order paper. have got a bigger [star], but it’s urgency on 17 March to pass Ms Tracey Martin MP Introduced in 2012, Ms hardly that much of a difference.” the Remuneration Authority (Deputy Leader, New Zealand Moroney’s Bill passed its second Dr Kennedy Graham MP (Members of Parliament First) asked: “Are we sure that reading on 28 February 2014 by (Green) added that the current flag Remuneration) Amendment the quarterly employment survey 61 votes to 60. However, sitting “simply serves to sow confusion as Bill through all stages to revoke is the thing that we should be under urgency on 15 May, the to our separate identities.” a recent determination of the working on?” House passed government authority and change the criteria legislation to extend paid parental

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THIRD READING: NEW ZEALAND THIRD READING: BRITISH COLUMBIA, CANADA

Education Amendment Bill (No 2) Statutes Amendment Bill (No 4) Liquefied Natural Gas Income Tax Act scheme authorizes operations to meet emission governments and protection measures for The Education Amendment Bill (No 2), which was Thirty-four Bills divided from the Statutes Amendment The Liquefied Natural Gas Income Tax Act limits by applying carbon offsets against their species at risk. The Federal Port Development read a third time on 10 February 2015, provides for Bill (No 4) by the Committee of the whole House sets out an income tax regime for application greenhouse gas emissions. Act passed Committee Stage without the creation of the new Education Council of Aotearoa passed their third readings unanimously on 24 March to the province’s developing liquefied natural While introducing the Bill at Second Reading, amendment on division, and received Third New Zealand, a reduction in the size of university 2015. The Bills make minor or technical amendments gas (LNG) industry, reflecting a February BC’s Minister of Environment, Hon. Mary Reading on 5 March 2015. councils, and the establishment of a regulatory to 34 separate Acts. 2014 government commitment and ongoing Polak, asserted that the legislation would framework for teachers and an independent contract In New Zealand statutes amendment Bills are consultation with industry. provide certainty for industry, establishing “a Nisga’a Final Agreement Amendment disputes resolution scheme for international students. one of the few types of omnibus bills that may be For taxation years that begin on or after 1 performance benchmark for liquefied natural gas Act 2014 The Minister of Education, Hon. Hekia Parata introduced into the House. Introducing the second January 2017 and before 1 January 2037, facilities in BC to be the cleanest in the world.” When the Nisga’a Final Agreement Act MP (National) told the House that “the Bill reflects the reading on 24 February 2015, the Associate Minister tax is imposed at a rate of 3.5% of a taxpayer’s Opposition Member Spencer Chandra received Royal Assent on 26 April 1999, recommendations of the 2012 review of the New Zealand of Justice, Hon. Simon Bridges MP (National) said: net income. During the period when net Herbert expressed concern that many of following more than 20 years of negotiations, Teachers Council and the 2013 report of the ministerial “what a Statutes Amendment Bill enables Parliament operating losses and the capital investment are the proposed controls rely upon yet to be the Nisga’a Final Agreement became the first advisory group […and] creates a regulatory environment to do is to make technical, short, and non-controversial being deducted, a tax rate of 1.5% will apply, established regulations, restricting opportunity treaty signed in British Columbia since 1899. that promotes accountability and high standards.” amendments to a number of Acts. It enables creditable against the 3.5% rate. Beginning for legislative or public oversight of their The tri-partite agreement, between the Nisga’a The Minister for Tertiary Education, Skills and amendments that would not usually receive sufficient on 1 January 2017, the natural gas tax credit development; and doubts that given the scope Nation and governments of Canada and British Employment, Hon. Steven Joyce MP (National) priority to be progressed individually. This is achieved under the Bill provides a non-refundable credit of proposed LNG development in the province, Columbia, established Nisga’a territorial and emphasised the importance of international education with the support of all parties in Parliament.” based on the cost of natural gas owned by a this legislation can facilitate government natural resource rights over more than 1,900 and said: “It contributes, the latest figures say, $2.85 Hon. Ruth Dyson MP (Labour) said: “the most corporation at the inlet to an LNG facility in meeting its stated greenhouse gas reduction square kilometres of land in the Upper Nass billion a year to our economy and over 30,000 important thing that Members need to know is that one British Columbia. The tax credit can be used to commitments. The Greenhouse Gas Industrial Valley in north-western British Columbia, and additional jobs for New Zealanders […] The changes single Member of Parliament can object to a provision reduce the effective British Columbia corporate Reporting and Control Act received Third set the terms for wide-ranging powers of self- proposed are the latest in a series of reforms made by in a Statutes Amendment Bill, and then it […] would be income tax rate to as low as 8%. Reading on 20 November 2014. government, including stipulations around the this government to improve the performance and quality withdrawn […] So it is not a simple majority as it is with In introducing the Bill at Second Reading, delivery of health care, education and social of tertiary education.” other statutes that are before the House; it is one that BC’s Minister of Finance, Hon. Michael de Federal Port Development Act services to Nisga’a citizens and area residents. Opposition parties opposed the legislation at every everyone agrees to.” Jong, emphasized government’s conviction The Federal Port Development Act will extend The Act gives effect to the Real Property Tax stage. Mr Chris Hipkins MP (Labour) told the The select committee that considered the parent that “the taxation measure contained within provincial authority and application of provincial Co-ordination Agreement between the province House that “the Education Council of Aotearoa New Bill had recommended most provisions be passed. It Bill 6, including the natural gas tax credit, will law to LNG-related development on Canadian and the Nisga’a Nation, which enables the Zealand is being set up to fail from the beginning recommended against a proposed amendment that serve as an important plank in the overall suite of federal port lands, creating a comprehensive Nisga’a Lisims Government to levy and collect […] because it does not have the support of the sought to include a definition of “legal professional regulatory and taxation measures that will render regulatory environment in coordination with property tax from persons other than Nisga’a profession. The overwhelming feedback from the privilege” in the Local Government Official Information us competitive and attractive for those who are 2014 federal government amendments to the citizens, including companies that operate hundreds and hundreds and hundreds of people and Meetings Act. seeking to develop this industry in a way that will Canada Marine Act. This legislation authorizes industrial installations. who came along […] to have their say on this Bill Hon. David Parker MP (Labour) said: “the benefit British Columbians, their families and the Province to enter into agreements with In the words of the Minister of Aboriginal was that they were opposed to it.” introduction of a narrower definition than the wider communities across British Columbia.” the federal government and a federal port Relations and Reconciliation, Hon. John Ms Catherine Delahunty MP (Green), said: definition of ‘legal professional privilege’ might have had In response, Opposition Member Bruce to administer and enforce provincial law Rustad, this agreement “ensures that the “In six years of being on the Education and Science the opposite effect to that which was intended.” Ralston referenced the highly technical nature on port lands — for example, providing the Nisga’a Nation receives a direct benefit Committee, I have never seen so much unity and At the third reading Ms Dyson, who chairs the of the Bill, and suggested that recent shifts to regulatory framework for Provincial oversight of from property taxation on Nisga’a lands, and solidarity from all parts of the tertiary education sector select committee, explained that amendments within the global context within which the framework development and operations of LNG facilities at particularly with respect to the LNG opportunity.” [as there was] against this Bill.” Ms Tracey Martin, MP statutes amendment Bills “generally clarify policy that was developed were perhaps more predictable a federally regulated port. Amendments in the Bill also provide for the (New Zealand First) added that “not a single university is unclear because of the drafting, so that the original than government comments would indicate. The At First Reading, BC Deputy Premier and Nisga’a Nation to become a full member of the came and supported this legislation—not a single one.” policy intent is reflected in the amended drafting. They Liquefied Natural Gas Income Tax Act received Minister of Natural Gas Development Hon. northwest regional hospital district and for an However, Mr Paul Foster-Bell MP (National), are not meant to involve any policy changes at all. Third Reading, on division, on 27 November 2014. Rich Coleman described the legislation enhanced relationship with the Kitimat-Stikine commented that the legislation “is about the students […] The Government Administration Committee […] as ensuring consistent regulation for LNG regional district, enabling increased Nisga’a more than it is about teachers” while fellow National considered that some of the provisions, as they were Greenhouse Gas Industrial Reporting proponents in BC, allowing them to move autonomy in delivery of health care and social Member Mr Todd Barclay, MP added that the Bill outlined, were not appropriate for inclusion in a statutes and Control Act forward with investments knowing that services for its citizens. Opposition Members “improves the discipline and reporting requirements that amendment Bill […] So we struck out some provisions The Greenhouse Gas Industrial Reporting and provincial oversight is clear. Marine traffic and commended the introduction of this Bill, which protect children.” and we recommended changes in others.” Control Act repeals the 2008 Greenhouse Gas LNG shipping operations are not affected by brings terms of the Nisga’a Treaty into line with The Bill passed its third reading by 61 votes to 59. Reduction (Cap and Trade) Act and enacts this bill, and will continue to be led by Transport those of more recent treaties reached under the a provincial emissions intensity benchmark Canada under the Canada Marine Act. now established BC treaty process. of 0.16 tonnes of carbon dioxide equivalent In Committee Stage debate, Independent The Bill received Third Reading to resounding per tonne of LNG produced. For coal-fired Member Andrew Weaver proposed several applause in the House on 27 November 2014. electricity generation, it sets a benchmark of unsuccessful amendments aimed at clarifying zero greenhouse gas emissions. The regulatory the relationship between federal and provincial

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of Veterans Affairs, Hon. Erin Changes in party standings decision, the Supreme Court of committed fraud by, among O’Toole MP introduced Bill On 9 February, Eve Adams MP Canada ruled that Quebec has other things, claiming his BUDGET ANNOUNCEMENTS C-58, the Support for Veterans left the governing Conservative no legal right to the data. primary residence is in Prince and Their Families Act. The Bill Party of Canada (CPC) caucus Quebec argued that the Edward Island, when he had would improve the financial to join the Liberal Party. In doing principle of cooperative been living in Ontario for years. AND CABINET RESHUFFLE IN support for disabled veterans so, she resigned her position as federalism prevented the In his defence, Senator and their families by ensuring Parliamentary Secretary to the federal government from Duffy’s lawyer arged that the they receive financial support Minister of Health. destroying the data in the Senate’s rules on residency and CANADIAN PARLIAMENT beyond the age of 65. This On 31 March, James Lunney registry, which was operated expenses were unclear. The gap in financial support had MP left the CPC caucus so that with the involvement of both trial, which was scheduled to been identified by the Veterans he can speak out in defense of his the federal and provincial end on 19 June, is now expected Budget thought. He had spent time and to expand its mandate to the sharing of information Ombudsman to the House of Christian beliefs. Mr. Lunney, who governments. The Supreme to last much longer. On 21 April, Finance Minister reflecting on the Senate’s attacking ISIL targets in Syria. between government agencies, Commons Standing Committee is not seeking re-election, said Court ruled, however, that the Hon. Joe Oliver MP tabled the role of reviewing legislation, Both the leader of the official and revised a provision that on Veterans Affairs. that he did not want to entangle principle has no foundation in Governor General’s term budget, the last one before the investigating public issues, opposition, Hon. Thomas would have seen air carriers Also in late March, Finance the CPC caucus in his decision Canada’s constitutional law. It extended general election scheduled representing Canada’s regions, Mulcair MP and the leader being directed to do “anything” Minister Oliver introduced Bill and that he would continue to vote said the principle of cooperative On 17 March, Prime Minister for October. Usually tabled in protecting linguistic and other of the Liberal Party, Justin to prevent a terrorist act. C-57, the Support for Families with the Government. federalism could not be used to Harper announced the two- February or March, the budget minorities and conducting Trudeau MP said their parties Meanwhile, the Standing Act. This would increase child limit the federal government’s year extension of the term was delayed because of the parliamentary diplomacy. He would oppose the motion. On Senate Committee on care benefits and introduce a Supreme Court ruling on the legislative authority. of Governor General His drop in oil prices. had also urged all Senators, 30 March, the motion of support National Security and Defence new benefit of $60 per month long gun registry In this case, the long- Excellency the Rt Hon. David The budget was the first regardless of party affiliation, passed by a vote of 142 to 129. undertook a pre-study of the for children aged 6 to 17 years. In 1995, following the massacre gun registry is a matter of Johnston, which was due to since 2007 to show a surplus, to work together in order to bill. It heard from a number of of 14 women at the École criminal law, which falls end in September 2015. and the government projected fulfil the Senate’s constitutional Legislation witnesses that did not appear Polytechnique in Montreal, under federal jurisdiction. The Governor General’s term it to grow from $1.4 billion in mandate. In March, the House of before the House committee. Parliament established a long- Therefore, the Supreme Court is usually five years, but it may 2015-2016 to nearly $5 billion in On 4 May, Prime Minister Commons Standing Opposition Leader Hon. gun registry. While seen by ruled, Parliament has the be extended. Mr. Johnston was 2019-2020. Harper named Senator Hon. Committee on Public Safety Thomas Mulcair MP came out some as a way of reducing gun constitutional power to require appointed in October 2010 and At the same time, the budget Leo Housakos, the Speaker pro and National Security held 10 strongly against the bill. Liberal violence, many law-abiding gun the destruction of the data. the extension will allow him introduced measures such as tempore, as the next Speaker of meetings on Bill C-51, the Anti- Leader Trudeau, on the other owners opposed the registry. to participate in many of the increasing tax cuts aimed at the Senate. Senator Housakos, Terrorism Act 2015. The Bill hand, said that while he thought In 2012, Parliament passed Trial of Senator Duffy events surrounding the150th families, increasing the annual a Montreal-born businessman was introduced in the aftermath the bill could be improved, the a law ending the registration On 7 April, the trial of Senator anniversary of Confederation amount Canadians may put in and community activist, was of the attacks in Ottawa and Liberal Party would support it. of long guns and requiring the Hon. Mike Duffy began. He is in 2017. tax-free savings accounts, and appointed to the Senate in 2008. Saint-Jean-sur-Richelieu, Also in March, the Minister destruction of all the data in the charged with fraud, breach of trust The extension also means reducing the tax rate for small Québec. It includes a number of of Justice and Attorney General registry. Quebec, which wants and bribery related to expenses he that an experienced Governor businesses. Minister Oliver Motion to extend mission measures to counter terrorism, of Canada, Hon. Peter MacKay to set up its own provincial claimed as a senator. General will be in office in also pledged $1 billion per year against ISIL including criminalizing the MP introduced Bill C-53, the Rt. Hon. Stephen Harper MP long-gun registry, contested Appointed as a senator October 2015, when the general for major public transit projects As reported in 2014: Issue advocacy or promotion of Life Means Life Act. This Bill the destruction of the data in for Prince Edward Island, the election is expected to be held. and regular annual increases Four of The Parliamentarian, terrorism offences, providing would remove the chance of Cabinet shuffle court. On 27 March, in a split 5-4 Crown prosecutor alleged he to the military budget. Both in October 2014 the House of for the removal of terrorist parole for people convicted of On 9 February 2015, Prime the Official Opposition New Commons approved a motion propaganda from the Internet murders involving kidnapping, Minister Rt. Hon. Stephen Democratic Party and the on contributing military assets and giving law enforcement sexual assault, terrorism or the Harper MP announced Liberal Party said the budget to the fight against Islamic State agencies the power to disrupt killing of police and correctional changes to his cabinet. Hon. did not benefit the middle class. of Iraq and the Levant (ISIL) for a terrorist activity. officers. People convicted of Robert Nicholson MP moved period of up to six months. The Bill was criticized by first-degree murder are not from Minister of Defence to Death of the Senate Canada sent six fighter academics and legal experts, eligible for parole for 25 years. become Minister of Foreign Speaker aircraft, several support aircraft who argued that it would give Another bill addressing Affairs. Hon. Jason Kenney On 23 April, the Speaker of and 69 soldiers to act as the state too much power and the issue of criminals was MP moved from Minister the Senate, Senator Hon. advisors in northern Iraq. The threaten Canadians’ privacy introduced by the Minister of of Employment and Social Pierre Claude Nolin, passed aircraft took part in a number of rights. Public Safety and Emergency Development to become away at the age of 64 after bombing missions against ISIL The Committee reported Preparedness, Hon. Steven Minister of National Defence a lengthy battle with cancer. targets and one of the soldiers the Bill with amendments. Blaney MP. Bill C-56, the while retaining the position of Speaker Nolin was appointed died in a friendly fire incident. These addressed concerns Statutory Release Reform Act, Minister for Multiculturalism. to the Senate in 1993 and On 24 March 2015, Prime that lawful demonstrations would end statutory release for Hon. Pierre Poilievre MP was appointed Speaker in Minister Rt. Hon. Stephen could be included under repeat violent offenders. Under who was Minister of State November 2014. Harper MP announced he the new measures, clarified statutory release, convicted (Democratic Reform), became Speaker Nolin was an would seek the House of that the Canadian Security offenders can serve the last Minister of Employment and eloquent advocate for the Commons’ support for the Intelligence Service does one-third of their sentence in the Social Development and Senate as an independent Government’s decision to not have the power to arrest community under supervision. Minister for Democratic Reform. chamber of sober second extend the mission by a year people, established limits on In late March, the Minister

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manufacturing investment person and the government would called for increasing the allocation accepted the recommendations destination in India and one have to take care of both. under the MPLADS Scheme of the Finance Commission PRESIDENTIAL ADDRESS TO of the top three investment Shri Abhijit Mukherjee (INC) as the existing amount was too giving 42% share of the central destinations in Asia. was of the view that several limited to meet the targets of revenue to the states. For the Prof. Saugata Roy (AITC) announcements mentioned various development schemes. first time in independent India, INDIA PARLIAMENT said the government was busy in the Address were about the Referring to the proposed one- there would be a stage when, in in dismantling old structures schemes started by the previous Stop Crisis Centre for women in totality, the states would have and repackaging old schemes. UPA government. every state she demanded such 62% of the total exchequer of the Presidential Address to interest of farmers, including their technology, and fast tracking in these institutions. India would It dismantled the Planning Shri Mulayam Singh Yadav centres in every district and block. country, leaving only 38% with Parliament compensation entitlements, the prosecution. The Insurance Laws also participate actively in regional Commission and jettisoned the (SP) said poverty was the root She requested the government the central government. Unity in The President of India, Shri Right to Fair Compensation and (Amendment) Ordinance 2014 and international groupings. Shri planning process without any cause of uncleanliness and the to address the chewing tobacco diversity was India’s identity and Pranab Mukherjee addressed Transparency in Land Acquisition, was promulgated which was later Mukherjee said the UN decision to consensus and consultation cleanliness drive would succeed issue as it was the biggest cause strength. Flourishing of all the the members of both Houses of Rehabilitation and Resettlement replaced by an act of Parliament, observe 21 June as International with the states. only after poverty was eradicated. of oral cancer. communities was something Parliament assembled together Act was suitably refined to enhancing the foreign equity Yoga Day was a global recognition Shri Bhartruhari Mahtab The dream to clean Ganga Replying to the debate, the which was unique to India. in the Central Hall of Parliament, minimize certain procedural cap from 26% to 49% while for India’s rich cultural heritage (BJD) regretted that there was would not become a reality until Prime Minister Shri Narendra The Indian Constitution on 23 February 2015 at the first difficulties in acquisition of land safeguarding Indian ownership and traditions. The President no mention in the Address about the tributaries of the river were Modi said cleanliness and reflected the general behavior, Session of Parliament for 2015. inevitably required for critical and control. This would enhance urged the MPs to discharge the assurance the Prime Minister cleaned. Agriculture provided sanitation were linked to the hopes and aspirations of the The President, in his Address public projects of infrastructure capital availability and ensure better their solemn responsibility in a had given to the people of the the largest employment but dignity of women. Girls were people and the country would said the fundamental tenet of and for creation of basic access to insurance services, spirit of cooperation and mutual eastern region that highest priority sadly farmers were not properly dropped from schools because be able to continue moving the government was ‘Sabka amenities like rural housing, especially in rural areas and for accommodation. would be accorded to bring that mentioned in the Address. there were no toilets for them forward only within the ambit Saath, Sabka Vikas’ (All Together, schools and hospitals, particularly economically weaker sections. Moving the Motion of Thanks region on par with western region Dr. Kulmani Samal (BJD) in the schools. Governments of the Constitution. No one had Development of All). Realizing in remote areas. Relations with neighbouring on the President’s Address on 24 in terms of physical and social requested the government would come and go but it was the any right to discriminate against that financial inclusion was In view of the critical role of countries were reinvigorated February 2015, Shri Anurag Singh infrastructure. He demanded expedite covering all areas in people who made the country. others in the name of religion. critical to poverty elimination, soil for productivity and farm promoting greater cooperation Thakur (BJP) said the performance special category status for the Odisha under the Pradhan Mantri Every country had his philosophy ‘India first’ was the only one the government launched an output, a Soil Health Card and integration in South Asia. of the last nine months reflected state of Odisha. Jan Dhan Yojana to eliminate and the country run on the religion of the government. ambitious scheme called Pradhan Scheme was launched. Price At the same time, the that the government tried to live up Minister Shri M. Venkaiah poverty, especially in tribal essence of its philosophy. The The government had to follow Mantri Jan Dhan Yojana to provide stabilization fund was set up government spoke clearly about to the expectation and aspiration Naidu said the focus was on dominated areas. issue of corruption should not only one scripture which was universal access to banking for perishable commodities. its interests and was fully prepared of the people of India. Seconding development along with good The former Prime Minister of be discussed along political lines the Constitution of India. The facilities – a bank account, having Another scheme was being to defend its borders and secure the Motion, Shri Nishikant Dubey governance. The government India and JD-S leader, Shri H.D. and all should come together to government had only one worship in-built accidental insurance with launched to address the irrigation the people. Relations with China (BJP) said the government started accepted the recommendation Devegowda wanted to know prevent corruption. which was centered on the welfare a Rupay debit card. A record 132 requirements of every village expanded significantly based on the Namami Gange Project for of the 14th Finance Commission what would be the alternative for The Prime Minister believed of the 1.25 billion countrymen and million new bank accounts were in an effective and sustainable mutual respect and sensitivity to cleaning the river Ganga and to devolve 42% of the Union tax a person who would lose land. It that the prosperity and the government had only one opened; over 110 billion rupees manner. A mission had also each other’s concerns and interests. renewed focus on tourism would receipts to the states. Grants to should not be mere compensation empowerment of the states was style of working which was Sabka were deposited and 115 million been launched with the objective Confidence and momentum increase employment and revenue. local bodies and municipalities as generations had been absolutely imperative for the Saath Sabka Vikas (All Together, Rupay debit cards were issued. of conserving and developing in the time-tested strategic The leader of the Congress were also increased. Agriculture depending only on agriculture. prosperity and empowerment Development of All). Believing that Swachhata indigenous cattle breeds. partnership with Russia was Party in Lok Sabha, Shri and industry were like eyes of a Smt. Supriya Sule (NCP) of the nation. The government At the end of the debate that or cleanliness had a cascading The President felt happy that restored. The visit of US President Mallikarjun Kharge rejected lasted for more than 14 hours impact on national development the economy was on the high Barack Obama as the chief guest the government’s assertion running in to several days, all and the potential to generate growth trajectory due to the on Republic Day elevated India’s that nothing was done during the amendments moved were wealth from waste, the government’s sustained efforts relations with the United States the last 65 years and all the negatived and the motion was government launched the and series of policy initiatives. to a new level. India intended to developmental works took adopted. Swachh Bharat Mission to The Constitutional further deepen its cooperation place only during the last nine The government, however, achieve a clean and open (Amendment) Bill on goods and with Europe. With Japan, a deeper months. It took years and lot of suffered an embarrassment in defecation free India by October services tax once enacted would political, economic and security efforts to develop the country. Rajya Sabha on 4 March 2015, 2019. Swachh Vidyalaya simplify the indirect tax regime, relationship was at the forefront of The previous governments when the non-NDA parties joined programme was rolled out to broaden tax base and promote a more active and purposeful Act- and leaders strived hard in this hands to force an amendment construct a toilet in every school better tax compliance. East-Policy, which was anchored direction and implemented to the Motion of Thanks on the before 15 August 2015. The The President said the in relations with Southeast Asia several schemes. The present President’s Address for the failure President made an appeal to MPs government was committed to and now extended to Australia government came into being of the government to curb high- to spend at least fifty per cent of taking all possible steps to stop and the Pacific Islands. India was because the roots of democracy level corruption and bring back their Local Area Development generation of black money, both committed to deeper engagement were firm in the country. black money allegedly stashed Scheme Funds on Swachh domestically and internationally. with West Asia, Central Asia, Africa Dr P. Venugopal (AIADMK) abroad. The amendment, moved Bharat Mission. The steps included putting in and South Americas. said efforts to arrive at a by CPI-M members Sitaram Safeguarding the interest of place robust legislative and The government would common view on issues like Yechury and P. Rajeeve, was farmers and families affected administrative frameworks, continue to work with others to Goods and Services Tax must accepted with 118 votes in favour by land acquisition was of systems and process with due reform multilateral institutions, be given priority. The Tamil Nadu and 57 against. paramount importance. While focus on capacity building, including the United Nations, and government was trying to make taking utmost care to protect the integration of information through would seek India’s rightful place the state the most favoured

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THIRD READING: INDIA

The Constitution (One Hundred and Twenty-first Amendment) accountability and objectivity in the appointment of the Judges in the Indian living in the country and the Non-Resident Indians contribute a lot Bill 2014 and The National Judicial Appointments Commission Supreme Court and High Courts. to the country especially in terms of foreign exchange earnings. Bill 2014 During the discussion on the Bill in Parliament, the Minister stated Merging of the two statuses (People of Indian Origin and Overseas In India, Supreme Court Judges and High Court Judges are appointed that the Parliamentarians have always held the institution of Judiciary Indian Citizens Cardholders) had been welcomed as this facilitates ‘hassle under the Constitution by the President. A Memorandum of Procedure in highest esteem. There had been four attempts for Constitutional free’ travel to India and avoidance of needless problems at the immigration for appointment of Judges to the Supreme Court and High Courts was amendments and seven recommendations of various Committees over counters at various airports. Some Members expressed apprehension over formulated and is followed for appointments. the years, all emphasising that the collegium system of appointment of the likely misuse of discretionary powers by the executive. Furthermore, After a review of the relevant constitutional provisions, it was decided Judges needed to be changed. While the Parliamentarians respected some apprehensions were also expressed with regard to the interests of that a broad based National Judicial Appointments Commission should the independence of Judiciary, the supremacy of Parliament was also Tamils in Sri Lanka; Hindus coming from Pakistan and Bangladesh. be established for making recommendations for appointment of Judges equally important. Members from all sections of the House welcomed the In response, the Minister of Home Affairs clarified by stating that this of the Supreme Court and High Courts. The Commission would provide measures and expressed agreement on the fundamentals. measure emanated from a commitment made by the Prime Minister of a meaningful role to the judiciary, the executive and eminent persons to The short title of the Bill was changed to the Constitution (Ninety-ninth India to the fact that OIC facility would be made available on the Pravasi present their view points and make the participants accountable, while Amendment) Bill 2014 and it was passed along with the National Judicial Bharatiya Diwas on 9 January to commemorate the 100th anniversary of also introducing transparency in the selection process. Appointments Commission Bill 2014 by Lok Sabha on 13 August 2014 Mahatma Gandhi’s return from South Africa to India on 9 January 1914. The National Judicial Appointments Commission Bill 2014 was and by Rajya Sabha on 14 August 2014. Since amendments sought to The Minister acknowledged the tremendous contribution from dependent upon the Constitution (One Hundred and Twenty-first make changes to the Constitution under in Chapter IV (Union Judiciary) Persons of Indian Origin across the globe to the growth of the country and Amendment) Bill 2014. In other words it would only have been feasible to and Chapter V (The High Courts in States) the Bill was also ratified by that the Government wishes to accord proper status to every Person of bring forward the National Judicial Appointments Commission Bill 2014 the States of the Indian Union. Both the Bills were assented to by the Indian Origin living across in more than two hundred countries. only after requisite amendments to relevant provisions are made through President of India on 31 December 2014. The Bill was passed in Lok Sabha on 2 March 2015 and in Rajya the Constitutional (One Hundred and Twenty-first Amendment) Bill 2014. Sabha on 4 March 2015. The Bill as passed by both the Houses of As the provisions of the two Bills were interlinked, both the Bills were Parliament was assented to by the President of India on 10 March 2015. taken up together through a combined discussion. The Citizenship (Amendment) Bill 2015 The Constitution (One Hundred and Twenty-First Amendment) Bill The Citizenship Act, 1955 provides for the acquisition and determination 2014 sought to insert new articles into the Constitution which would of Indian citizenship, after the commencement of the Constitution by birth, The Motor Vehicles (Amendment) Bill 2015 provide for the composition and the functions of the proposed National descent, registration, naturalisation and citizenship by incorporation of Under the Motor Vehicles Act, 1988, no-one can be granted a learner’s Judicial Appointments Commission. territory and for renunciation, termination and deprivation of citizenship licence to drive a transport vehicle unless he has held the driving licence Further, it provided that Parliament might by law, regulate the under certain circumstances. for a period of at least one year. procedure for appointment of Judges and empower the National Judicial The Citizenship Act has been amended from time to time making Drivers of e-rickshaws and e-carts do not have a licence and so the Appointments Commission to lay down procedure by regulation for the enabling provisions for the registration of Overseas Citizen of India existing legislation will debar them from operating e-rickshaws/e-carts discharge of its functions, manner of selection of persons for appointment Cardholders, conferment of certain rights on such citizens, renunciation of for a year. In order to remove this difficulty, the Government proposed and such other matters as might be considered necessary. Article 124A overseas citizenship and cancellation of registration as Overseas Citizen amending the Motor Vehicles Act, 1988 to give provisions for e-rickshaw which sought to set up National Judicial Appointments Commission of India Cardholders. and e-cart drivers only. The Motor Vehicles (Amendment) Bill 2015 was provided that it would comprise of key people including: The Government felt a need for amending the Citizenship Act, 1955 introduced to define an e-cart or e-rickshaw to mean a special purpose The Chief Justice of India, as its ex-officio Chairperson; Two other owing to certain lacunae which were noticed during the implementation battery powered vehicle of power not exceeding 4,000 watts, having three senior Judges of the Supreme Court next to the Chief Justice of India as its of the law. The Citizenship (Amendment) Bill 2015 brought about several wheels for carrying goods or passengers. ex-officio members; Two eminent people to be nominated by the committee amendments to the Citizenship Act, 1955 including: the definition of During the discussion on the Bill in both Houses of Parliament as Members (one of the eminent nominees shall be nominated from the an Overseas Citizen of India Cardholder; providing for the Registration the measure was welcomed as an initiative to provide employment to Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities of Overseas Citizens of India; conferment of rights on overseas citizens innumerable people who had been upgraded from the manually pulled or Women); in addition the nominated members shall be nominated for a of India; renunciation of overseas citizenship; and the provision for the rickshaws to be electric powered three-wheeled vehicles. period of three years and shall not be eligible for re-nomination. cancellation of registration as overseas citizen of India. The Bill was passed by Lok Sabha on 3 March 2015 and by Rajya The functions of the National Judicial appointments Commission The Bill also relaxes the period of twelve months as resident of Sabha on 11 March 2015. The Bill as passed by both Houses of are to: recommend nominees for appointment as Chief Justice of India, India or in the service of a Government in India specified as one of the Parliament was assented to by the President of India on 19 March 2015. Judges of the Supreme Court, Chief Justices of High Courts and other qualifications for grant of certificate of naturalisation by a period up to a Judges of High Courts; recommend transfer of Chief Justices and other maximum of thirty days which may be in different breaks. Judges of High Courts from one High Court to any other High Court; During the discussion on the Bill in both the Houses of Parliament, ensure that the person recommended is of ability and integrity. there was near unanimity among Members in welcoming the measure The National Judicial Appointments Commission Bill 2014 sought to as a timely initiative. Members extending support to the Bill observed this broaden the appointment of Judges, enabling participation of judiciary, to be a long-pending demand of the Indian diaspora in the world. It was executive and eminent persons and for ensuring greater transparency, noted that Non-Resident Indians living abroad are no less patriotic than an

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The Question can be opposed behaviour in tabling the motion quick procedure, and that the been played as a fool. When I go and, if it is opposed, a division is at the last minute. Speaker stands for election as the home tonight, I will look in the PARLIAMENTARY held in the normal way with the The Conservative, Philip Speaker in his or her constituency mirror and see an honourable fool names of Members voting “Aye” Davies MP, accused the in expectation of continuing in looking back at me. I would much or “No” recorded by the clerks and Government Whips Office of office and is therefore in a different rather be an honourable fool, in ‘WASH-UP’ made public. If the motion is voted “keeping the [Conservative] situation from other officeholders. this and any other matter, than a down – or if there is no incumbent parliamentary party here for a But […] whenever voters elect clever man.” Speaker – then a secret ballot of meeting so that as many people someone to a position of power As he sat down, he was Members is held to determine the would be here as possible in and authority over them, the applauded by Labour MPs. new Speaker. the hope that the Opposition principle is that they should be Applause in the Chamber is very The fourth of the motions parties would have left so able to do so without fear or favour. rare – previous examples of tabled by the Government on the motion could be sneaked It is how we elect our party leaders, applause in the Chamber included 25 March would have replaced through at the last minute.” it is how we elect our Select at the end of Tony Blair’s final the initial division on whether The Shadow Leader of the Committee Chairs […] It also frees Prime Minister’s Questions and an existing Speaker take the House, Angela Eagle MP MPs from pressure from the Chair following the resignation speech Chair with a secret vote. It was (Lab) wanted to know: “Why did or from their parties.” of the former Foreign Secretary, The Parliamentary ‘Wash-up’ out of control. Today, as a share and Cardiff combined. That is Mr Alexander’s statement interpreted by many in the press the Government, who had so Members on the Labour side then-Leader of the House, Robin The lead up to the dissolution of a of national income, it is down by the reality of the lives of working defended the Government’s and in the House, as an attempt resolutely refused to allow the attributed the bringing forward Cook prior to a debate on the Parliament is often called ‘the more than a half. Five years ago, people. These are the facts. economic record. But he argued by the Government to pave the debate for three and a half years, of the motion to dislike of the second Iraq War. wash-up’; a period of frantic they were bailing out the banks. These are the inconvenient truths that future spending plans need way for the voting out of the suddenly change their mind on Speaker by the Conservative front With the exception of the legislative activity as the Today I can tell the House that we of this Chancellor’s record. It not follow the path set out by incumbent Speaker, Rt Hon. Tuesday? Why did the Government bench and, particularly, by the Leader of the House, every Government seeks to get its Bills are selling more bank shares and is a recovery for the few from a the Conservative or Labour John Bercow MP, at the start of decide that this motion was so Prime Minister. Member who made a speech in into law before dissolution. getting taxpayers’ money back. We Government of the few.” parties and that the deficit could the new Parliament. sensitive that it would not and Barry Sheerman MP (Lab) the debate spoke either against In 2010, major pieces set out a plan, that plan is working, The Liberal Democrats – the be controlled whilst preserving The four motions were due could not be discussed with said: “This is a politicisation of the the motion or the way it had been of legislation such as the and Britain is walking tall again.” second party in the coalition “fairness”. The Chief Secretary to be debated together for an Opposition Front Benchers, the role of the Speaker, because this brought forward. Constitutional Reform and The Leader of the Opposition, Government – presented defended his right to make the hour on 26 March as the last Chair of the Committee or even is a Speaker who has opened up This prompted the Governance Bill were substantially Rt Hon. Ed Miliband MP (Lab) their own economic plans in a statement, arguing that the figures substantive business of the the Speaker himself? Why did the this Chamber as never before, and Conservative Jesse Norman MP, re-written in order to ensure the did not share the Chancellor’s Ministerial Statement by the Chief he had based his analysis on were Parliament before an opportunity Leader of the House wait until the what the Prime Minister cannot a critic of the Speaker over the cross-party agreement needed to interpretation of his economic Secretary to the Treasury, Rt Hon. official Treasury figures. for retiring Members to make last moment yesterday before stand is that he has liberated Back proposal to appoint the Australian get them into law. record: “This Chancellor has Danny Alexander MP (Lib Dem). The role of the Chair and, valedictory speeches. The debate tabling it, without any warning or Benchers in this place.” official Carol Mills to be Clerk By comparison, the end of failed the working families of This resulted in furious specifically, the re-election of the was due to begin at around notification to anyone?” The speech that drew most of the House, to raise a point of the 2010-2015 Parliament was Britain. For the first time since the protests by the Labour Speaker, was also to be at the 10:30am, but the Speaker granted In defending the attention was by the Chair of order to “express my sadness comparatively sedate – at least in 1920s, people are earning less opposition, who saw it as an centre of the second controversy three urgent questions – on the Government’s position, the the Procedure Committee, and regret that you [Mr Speaker] legislative terms. The largest piece at the end of a Government than abuse of process for a Minister of the ‘wash-up’ period. findings of an inquiry into the Leader of the House, Rt Hon. Charles Walker MP (Con), who have not seen fit to call any other of legislation was the Finance they were at the beginning. […] to make what they believed In the House of Lords at provision of contaminated blood William Hague MP (Con) argued recommended first in 2009 and Members to speak in support of Bill, needed to enact the Budget People are £1,600 a year worse to be a purely party political 5:35pm on Wednesday 25 March, by the NHS, on undercover that the Procedure Committee then in 2011 that the issue should the motion?” The Speaker replied announced by the Chancellor of off. The next generation has announcement. Indeed, before following a Government victory policing and on the day’s business had recommended earlier in the be debated by the House but by saying that the Government the Exchequer, Rt Hon. George seen wages plummet and tuition Mr Alexander’s statement, in a division on motion to agree itself – delaying the start of the Parliament that the House should concluded that the motion should be had set the hour time limit and that Osbourne MP (Con) on 18 March. fees treble. The Government the Speaker set out the to a Commons amendment debate by around two hours. be asked to decide whether it an amendable one for no change. it was out of his power to extend it. However, the period was not have built fewer homes than at Chair’s position on the use of to the Modern Slavery Bill, the It was later argued by some wished to make the change. Mr Walker became emotional At the end of the debate, without its controversies. any time in the past 100 years. Ministerial statements: Government announced that Members that this had a decisive He said the motions had only as he spoke of the way he felt he the Government’s motion was Firstly the Chancellor used It is certainly not a truly national “The content of ministerial Parliament would prorogue impact on the outcome. been tabled once the Lords and had been kept in the dark in the defeated by 228 votes to 202. his speech to argue that the recovery when there are more statements is, by longstanding the following day at the close The Urgent Question on the Commons had completed their run up to the debate: Government’s time in power zero-hours contracts than the practice, not a matter for the Chair, of business. At about the day’s business was tabled by Sir deliberations on the Modern “This week, I went to the leaving had been an economic success populations of Glasgow, Leeds nor is my permission required for same time, the Government Gerald Kaufman MP (Lab). If Slavery Bill as it was only then it drinks for the Leader of the House. and to use this to launch the such a statement to be made. whips in the Commons were re-elected in May, Sir Gerald will was clear there would be time. I spent 20 minutes saying goodbye Conservative’s election campaign. However, these statements must tabling four motions relating to become Father of the House (the He stressed that the question to his special adviser yesterday. I “Five years ago, millions of people be ministerial, delivered not in a procedural changes in the new longest-serving Member) in the would be decided on a free vote went into his private office and was could not find work. Today I can personal or a party capacity but Parliament. Three of them were new Parliament. and that he considered that it was passed by the Deputy Leader of report that more people have on behalf of the Government. uncontroversial, the fourth related It would fall to him to make in the interests of the House that the House yesterday. All of them jobs in Britain than ever before. Although some latitude is of to the election of a Speaker and the arrangements for the the question be decided before would have been aware of what Five years ago, living standards course permitted, there comes a proved to be anything but. Speaker’s election. In asking his the next Parliament. they were proposing to do. I also were set back years by the point at which using the privilege At the start of a Parliament, if question he was the first of a He set out the arguments had a number of friendly chats great recession. Today the latest accorded to Ministers for purely the Speaker from the previous number of opposition Members for and against a secret ballot: with our Chief Whip yesterday, yet projections show that living party purposes would be unfair to Parliament has been re-elected, to accuse the Government of “The arguments in favour of I found out at 6.30pm last night Rt Hon. John Bercow MP, standards will be higher than they the House and would put the Chair the Question is put to the House “grubby, squalid, nauseous” the status quo are that it is a that the Leader of the House was Speaker of the House of were when we came to office. in a very difficult position.” that that person take the Chair as Rt Hon. Ed Milliband, MP familiar procedure, that it is a bringing forward my report. I have Commons Five years ago, the deficit was Speaker in the new Parliament.

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parliamentarian, Prime Minister the first FOI laws, the Australian his passion for human rights and and lasting contributions: his and statesman. We farewell a Federal Police and also the the need for Australia to embrace achievements for land rights, FORMER PRIME person of hidden depths and many Human Rights Commission. people in need. He was concerned multiculturalism, refugees and, parts, a man often misunderstood. Right up until his death, he was by the way Australia was treating in Paul Keating’s words, ‘many For some, Malcolm Fraser was still defending the Human Rights asylum seekers and how this was other clear-sighted reforms’. His MINISTER MALCOLM a hero who became a villain. Commission and its head, Gillian impacting Australia’s reputation passion and commitment against For others, he was a villain who Triggs, saying, ‘Enough is enough,’ across the world. It was an racism, against apartheid in South became a hero. But neither of on the attack on the Human Rights absolute honour to receive a call Africa, his leadership role for FRASER DIES these simple sketches are fair, Commission. In terms of the media, from Mr Fraser, and I told him so.” Nelson Mandela’s freedom were and, in time, history’s judgement he set up SBS, and later on, in his Senator Nick Xenophon unwavering, although I understand will be kinder than either.” post-parliamentary career, he was a noted that “another former Prime how his joy at Rhodesia becoming elections finally losing to Bob On 23 March both the House Former Prime Minister Mr Shorten noted Mr Fraser’s leader in the campaign against the Minister, Paul Keating, a junior MP a democratic Zimbabwe had Hawke in March 1983. of Representatives and the Senate Malcolm Fraser dies at 84 commitment to human rights concentration of media ownership.” during the Dismissal, said this of turned to despair with the In government, Mr Fraser is best moved condolence motions in A titan of Australian politics, the commenting that “as Prime Senator Glenn Lazarus Mr Fraser’s death: it ‘underwrites increasingly despotic and ruthless recognised for his humanitarian relation to the death of Mr Fraser. Rt Hon. John Malcolm Fraser Minister, he led Australia’s commented that “not long after a great loss to Australia’. While, Mugabe regime.” The Prime Minister, AC, CH died on 20 March 2015 efforts and progressive policies on Hon. Tony independent condemnation of I started in this place, I walked Mr Keating reflected, ‘The great aged 84. race and immigration. Abbott MP, commented that the evil of apartheid. He took a into my office and I was told that pity for him of the budget crisis Rt. Hon. John Malcolm Fraser In 1955 he was elected to Domestically, Mr Fraser “it is fitting that we celebrate the principled stand, declaring that a Mr Malcolm Fraser wanted me of 1975 was that it de-legitimised AC, CH, (1930 – 2015) Parliament as the Liberal Member advanced land rights for life and legacy of our 22nd Prime South Africa’s regime of racial to ring him. When I came to my his government, at its inception, 22nd Prime Minister of for Wannon aged 25 and was Indigenous Australians and Minister here in this chamber, prejudice was ‘repugnant to senses, I thought: why would the and with it, much of the value Australia and the Leader appointed as a Cabinet Minister internationally campaigned to because this very building is one the whole human race’. And he great man Malcolm Fraser be he otherwise brought to public of the Liberal Party in 1966. In 1975 he was elected abolish apartheid in South Africa. of his achievements. He was matched his words with deeds, ringing me? I did ring him, and life,’ Mr Keating also praised from 1975 to 1983. Leader of the Opposition which In managing the economy, Mr prepared to endure gibes about visiting Mandela in prison, he wanted to talk to me to share Mr Fraser for his significant led to his historic battle against Fraser introduced expenditure politicians spending money imposing international sanctions of Image courtesy AUSPIC the Labor Government led by the cuts, streamlined the public on themselves because he and, perhaps most famously in then Prime Minister, Hon. Edward service and provided responsible understood that Australians would our sport-loving nation, refusing to Gough Whitlam. economic management. However, come to appreciate a Parliament allow the Springboks’ plane to stop The Whitlam Government was the economic rationalists of the House that reflected our pride in here on its way to New Zealand. damaged by a series of scandals, party believe he should have gone ourselves and in our country.” Later, Fraser delighted in resignations, ministerial reshuffles further by introducing more far Mr Abbott noted that “Fraser telling the anecdote of Mandela’s and increasing pressure on the reaching economic reform such was not an avid social reformer first question to him at their economy arising from the oil as currency deregulation and like Whitlam, nor a mould- meeting: ‘Mr Fraser, can you tell shock of 1974 which led to rising opening up the financial sector to breaking economic reformer me, is Don Bradman still alive?’ inflation and unemployment. more competition. like Hawke, but he gave the And so, when Mandela became Mr Fraser played a high risk In retirement, Mr Fraser grew country what we needed at that President, Fraser took him a bat game by deciding to use his increasingly distant from the time. He restored economic inscribed by the Don: ‘To Nelson Senate numbers to block the Liberal Party in which he was responsibility while recognising Mandela, in recognition of a great government’s supply bills in a life member. In particular, he social change. His government unfinished innings.’ ” an attempt to make Whitlam was critical of certain policies of passed the Northern Territory land The Leader of the Australian call an early election which he the Liberal Howard Government rights act and he was the first Greens, Senator Christine refused to do declaring that it noting its alignment with the Prime Minister to visit the Torres Milne commented that Mr Fraser was unconstitutional for the foreign policy of the United States Strait. He established the Special embraced everyone, “regardless Senate to decide who should and domestically the introduction Broadcasting Service and began of colour or creed, and we will hold government. of harsh asylum seeker policies. large-scale Asian immigration always remember that, as Prime This deadlock between the In relation to the modern to Australia by accepting 50,000 Minister, it was his Aboriginal Land government and opposition Liberal Party, Mr Fraser stated that Vietnamese refugees fleeing Rights Act in 1976 that recognised continued until 11 November “the departures from the principles communism. In 1983 Malcolm that Aboriginal people in the 1975 when the then Governor- underlining that Liberal Party are Fraser left parliament, proud of his Northern Territory should have General Sir John Kerr, in a highly substantial and serious. The party government and its achievements. control over their own land.” controversial act, used ‘reserve has become a party of fear and As he said at the time, ‘Australia is Senator Milne noted that “right reaction. It is conservative and powers’ in the Constitution to handed over in as good or better up until his death, you could say not liberal. It has not led positive dismiss Whitlam’s government. condition than any other western that he was a great advocate for directions, it has allowed and, The Governor-General then country in the world.’” multicultural Australia and for the some would say, promoted race installed Mr Fraser as a caretaker The Leader of the Opposition, rights of refugees and asylum and religion to be party of today’s Prime Minister who immediately Hon. Bill Shorten MP, seekers. That, of course, stemmed agenda. I find it unrecognisable as called an election which he went commented “We give thanks for from his time in office, where, as liberal.” In 2010 Mr Fraser quit the onto win handsomely. Mr Fraser Malcolm Fraser’s six decades we have heard, he did set up the Liberal Party. went on to win a further two of service to our nation as a Family Court, the ombudsman,

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THIRD READING: AUSTRALIA

Enhancing Online Safety for Children Act 2015 and I am sure many of us, representing our local communities as we do, opportunity to comment on the question of an Australian republic. The Enhancing Online Safety for Children Act implements a series of have been touched in some way by that fact.” Mr Shorten stated that “I believe that Australians are ready for measures to enhance online safety for children. Ms Roland commented that “today, through the advent of social a discussion about an Australian head of state. Our aim has to be a The Parliamentary Secretary to the Minister for Communications, media, many of our children are enduring relentless harassment and respectful national conversation between equals, not an insider A-list the Hon. Paul Fletcher MP commented that the legislation creates a anguish in the supposed sanctuary of their own homes. According celebrity debate between politicians, constitutional pedants and the same “new statutory office, the Children’s e-Safety Commissioner, and provides to research led by the University of New South Wales Social Policy old faces. Reigniting the republic debate will be a test of our national spirit for the commissioner to administer a complaints scheme in relation to Research Centre, which I note the government has quoted, one in five of and our national imagination. It is a moment that we are equal to.” harmful cyberbullying material targeted at an Australian child.” our nation’s children aged between 10 and 17 have experienced some Mr Shorten noted that “none of this should be taken as criticism of Government commissioned research into cyberbullying found that sort of cyberbullying.” Queen Elizabeth II or of the House of Windsor. The Queen has given “the best estimate of the prevalence of cyberbullying over a 12-month decades of committed service to our nation. She has earned the affection period is 20 per cent of Australians aged eight to 17, with some studies Succession to the Crown Act 2015 of many and the admiration of us all. But the simple fact is that our nation, putting that figure as low as six per cent and others as high as 40%.” The Succession to the Crown Act will provide the Parliament of our place in the world, has changed and our Constitution should change Mr Fletcher noted that “the research found that most incidents of Australia’s assent to three important reforms to modernise the law with it. The sun has long since set on an empire that we once bound cyberbullying occurred on social media—and that the prevalence of relating to royal succession. ourselves to, to the last shilling and the last man.” cyberbullying has ‘rapidly increased’ since it first emerged as a behaviour.” The Parliamentary Secretary to the Prime Minister, Hon. Christian The Leader of the Australian Greens, Senator Christine Milne, A key function of the commissioner is to administer a complaints Porter MP commented that “these changes are consistent with changes also noted that the Greens support the legislation but made broader system for cyberbullying material targeted at an Australian child. Mr being made to the law in the United Kingdom. They will align the royal comments about Australia’s head of state. Fletcher advised that “other functions of the commissioner will include succession laws with modern values and ensure that the same person is Senator Milne commented that “Australia is a modern country. I am promoting online safety for children, coordinating relevant activities of the Sovereign of Australia and of the United Kingdom.” really proud of this nation and we should have our own head of state. It is Commonwealth departments, authorities and agencies in relation to The first reform will end the system of male preference a complete nonsense that we are still deferring to the British royal family. online safety for children, and accrediting and evaluating online safety primogeniture so that in future the order of succession will be The British royal family themselves think it is ridiculous. At the end of her educational programs.” determined simply by the order of birth. Female heirs will no longer be Diamond Jubilee year, the Queen said she understands where Australia In addition, the legislation sets out a two tiered scheme for the rapid displaced by their younger brothers. sits in relation to the end of the British Empire. removal from large social media services of cyber-bullying material The second reform removes the bar on succession for an heir and It would be an enormous relief to her if we finally stood up for ourselves, targeted at an Australian child. successor of the Sovereign who marries a Catholic. I am sure. How ridiculous would we have looked had the referendum for Mr Fletcher explained that “the two-tier scheme in the Bill allows for The third reform is to limit the requirement that the Sovereign consent Scotland had succeeded? We would have looked so stupid. There was a light touch regulatory scheme in circumstances where the social media to the marriage of a descendant of His Late Majesty King George II to Scotland, an independent country, and Australia still with its apron strings service has an effective complaints system and it is working well; but it the first six persons in line to the Crown. attached to the monarchy. It would have looked utterly ridiculous. Where enables the government to require that cyber-bullying material targeted at Mr Porter noted that “the reforms were enacted by the Parliament of would we have been with our flag and everything else at that point? It all an Australian child be removed in circumstances where the social media the United Kingdom on 22 April 2013 and will come into force on the would have had to have been changed if Scotland had to be taken off.” service does not have an effective and well-resourced complaints system.” commencement of the UK legislation, as soon as all 16 realms, including Senator Milne concluded that “at some point we need to stand up. At In arriving at a definition of cyber-bullying, Mr Fletcher noted that it was Australia, implement the reforms in their jurisdictions.” some point, Australia must affirm itself as a modern, independent nation important to strike a balance between capturing the full extent of cyber- Mr Porter concluded that “this modernisation of the laws of succession that can have its own national identity and values and our own head of bullying material but at the same time not being excessive or heavy handed. ensures the continued relevance of the monarchy to Australia and her state. Times have changed. Australia has changed. The Queen realises There are three features of the definition. First, material must be likely people and reflects the commitment that all Australians have to equality Australia has changed. That does not mean that Australians do not have to have the effect of seriously threatening, intimidating, harassing or and to non-discrimination.” enormous affection for the royal family. They do. That is not the point. The humiliating a particular Australian child. Second, the definition includes The Leader of the Opposition, Hon. Bill Shorten MP noted that point is we should be a republic. We should have our own head of state.” the capacity for the legislative rules to include other conditions if it the opposition supports the measures in the legislation but took the becomes apparent during the course of administering the legislation that further conditions are necessary. Third, the definition will be applied in the commissioner’s exercise of discretionary powers to issue notices. The Shadow Assistant Minister for Communications, Ms Michelle Roland MP commented that the opposition will support the legislation subject to scrutiny and any recommendations arising from a Senate Committee inquiry. Ms Roland noted that Labor is committed to doing all it can to combat online child bullying. She commented that “bullying itself is a scourge on our society. It can have devastating impacts on victims and their families,

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