Chapter 5 Analysing Criteria to Select Committee Members

Cover Page The handle http://hdl.handle.net/1887/46112 holds various files of this Leiden University dissertation Author: Mickler, T.A. Title: Parliamentary committees in a party-centred context : structure, composition, functioning Issue Date: 2017-02-22 | 99 Chapter 5 Analysing Criteria to Select Committee Members The Committee Systems of the Dáil, the Tweede Kamer and the Bundestag OLLOWING the analysis of formal committee structures in thirty legislatures, F the upcoming two empirical chapters of this book focus on three legislatures: the Dutch Tweede Kamer, the German Bundestag and the Irish Dáil Éireann. The aim of this chapters is to provide more insight into the working procedures of committees and how parliamentary party groups organise their work in these central institutions. Committees are creatures of parliaments which means that after every election to a new legislature the committee system is re-established. In each of these cases, distinctive committee systems are at work. In order to provide more information on these particular cases, first a short overview is given on the committees they establish.89 Afterwards, the analysis will focus on how these committees are ‘filled’ and which criteria can account for this process. The Establishment of Committees in the Bundestag For the preparation of its plenary sessions the Bundestag relies on a number of permanent ‘standing’ committees (German: Ständige Ausschüsse).90 The 89 The discussion as well as the tables is mainly restricted to the specialised committees, as these are in the focus of this study. 90 The Standing Orders of the Bundestag also allow for the establishment of other committees to be established. It can set up study commissions (German: Enquete-Kommission) to prepare reports on wide-ranging and significant matters. It can also establish special committee to consider specific issues. 100 | institutionalisation of some committees is stipulated by the German Basic Law (Foreign Affairs, Defence, European Union Affairs and Petitions, for other see Standing Orders Bundestag, Article 54(2)). The number of committees has varied considerably in the past. The first Bundestag of 1949 had 40 committees, while the 6th Bundestag only counted 17. It has been parliamentary practice since the 1960s to set up a committee for each ministry at the federal level as a parliamentary counterpart (14 ministries in 2009). Additional committees are established if the field of responsibility of an existing committee is deemed so broad that another committee would improve the working procedure or as a political signal to underline the societal relevance of an issue. The Sports Committee (established since 1969, technically under the jurisdiction of Internal Affairs) and the Human Rights and Humanitarian Aid Committee (established in 1998, technically under the jurisdiction of Foreign Affairs and Economic Cooperation and Development) fall within this category. Table 5.1 shows the established specialised ‘standing’ committees at the beginning of the 18th Bundestag legislative period.91 Draft legislation is submitted after first reading in plenum92. A particularity of the committees in the Bundestag is that it allows for the assignment of an issue to multiple committees. Only the lead committee (German: federführender Ausschuss) can issue a report, while the others (German: mitberatender Ausschuss) give an advisory opinion. After considering the legislation, committees usually submit a recommendation for a resolution (German: Beschlussempfehlung), which summarises the discussions in the committee, the proposed changes as well as the opinions of the advisory committees. The plenum heavily relies on the recommendation for a resolution for its final votes. Committees in the Bundestag have extensive rights to take up an issue on their own initiative (German: Selbstbefassungsrecht). This is grounded in Article 62 of the Standing Orders which allows committees to take up questions falling within their terms of reference independently. The Establishment of Committees in Dáil Éireann The Dáil relies on several committees of which Select Committees are the primary committees to subdivide jurisdictional policy areas and mirror one or several ministerial departments (i.e. Select Committee on Agriculture, Food and the Marine). The particularities of Dáil committees were already discussed on p. 91 This table (as well as the corresponding tables for Ireland and the Netherlands) does not list all established committees but the specialised committees, as these are also in the focus of this book. Therefore, all committees of inquiry, contact groups, etc., are not listed. 92 The first reading does not involve a content-related debate on the bill. This is only the case a parliamentary party group demands it or if this has been agreed in the Council of Elders. Otherwise, the primary goal of this stage is to submit the bill to one or several committees. The recommendation for the committee(s) is made by the Council of Elders. 93 The committee has a broad jurisdiction, but frequently deals with issues regarding Economic Affairs. | 101 Table 5.1: Specialised Committees established at the beginning of the 18th Bundestag (2013-) Standing Committee Shadowed Federal Ministry/Ministries MPs Affairs of the European Union - 34 / 34 Budget - 41 / 41 Cultural and Media Affairs - 18 / 18 Defence Defence 32 / 32 Digital Agenda - 16 / 16 Economic Cooperation and Economic Cooperation and 21 21 Development Development / Economic Affairs and Energy Economic Affairs and Energy 46 / 46 Education, Research and Technology Education and Research 34 34 Assessment / Environment, Nature Conservation, Environment, Nature Conservation, 36 36 Building, Nuclear Safety Building and Nuclear Safety / Family Affairs, Senior Citizens, Women Family Affairs, Senior Citizens, Women 36 36 and Youth and Youth / Finance Finance 37 / 37 Food and Agriculture Food and Agriculture 34 / 34 Foreign Affairs Federal Foreign Office 37 / 37 Health Health 37 / 37 Federal Foreign Office 16 / 16 Human Rights and Humanitarian Aid Economic Cooperation and Development Internal Affairs Interior 37 / 37 Labour and Social Affairs Labour and Social Affairs 41 / 41 Legal Affairs and Consumer Protection Justice and Consumer Protection 39 / 39 Petitions - 26 /26 Sports Interior 18 / 18 Transport and Digital Infrastructure Transport and Digital Infrastructure 41 / 41 93 Tourism - 18 / 18 Source: Own depiction. This overview excludes the General Committee (German: Hauptausschuss) which was established at the beginning of the legislative period. It is not a specialised committee and due to its short existence also excluded from this overview. The column MPs lists the number of full members and the number of substitute members. 70.94 In principle, each house has the ability to select a committee of its own members to examine any matter or issue. However, in reality, the select committees tend to stay in relation to the work of a specific minister. Because the most influential variable to determine the committee’s jurisdiction is the government formation, there is little consistency regarding which committees 94 To summarise shortly,each Dáil Select Committee and Select Committee appointed by the upper chamber, Seanad Éireann, form a Joint Committee to avoid duplication of oversight. The Joint Committee can consider and report on the need for legislation or expenditure and international agreements that do not involve a charge on the public purse. Only the Dáil Select Committee can consider proposed legislation, proposed estimates for expenditure and international agreements that involve a charge on the public purse. 102 | are established from one general election to another. After an election it is open to the Taoiseach (Prime Minister) to arrange the number and work of ministers’ ’portfolios‘ as he sees fit (see also B. Farrell, 1994). These reorganisations happen frequently after each general elections. Functions and titles of the portfolios or departments are changed.95 In prior legislative periods, each ministry was shadowed by a separate committee. This has led to a relatively large number of committees for the size of the legislature (166 TDs). In the 30st Dáil (2007-2011) no fewer than 22 committees were established. Next to the standing committees96 there were twelve select committees with ministerial jurisdiction, and four select committees with specific topics (on the constitution, European affairs, European scrutiny, and the Good Friday Agreement). The number of committees in proportion to the number of legislators (number of committees as high as the Bundestag, but roughly only 1/4 of the legislators) received widespread criticism during the 2011 election campaign. The newly elected government sought to address this issue by reducing the number of committees. In order to still be able to deal with the specific legislation and estimates for expenditure for each department the Dáil since then introduces select sub-committees. Each of these sub-committees meets only to consider issues in accordance with the terms of reference that established them. They deal with statute and law, estimates for public services dealt with by the ministerial department and proposals contained in any motion concerning the approval by the Dáil of international agreements involving a charge on public funds. Table 5.2 shows the established specialised committees at the beginning of the 31st legislative period. New draft laws have to pass five stages in the Dáil. The committee stage is the third

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