Comparative research paper on parliamentary administration Constitution Diversity Legal framework Accountability Case studies Budgetary autonomy Oversight Human Parliamentaryframework autonomy Legal Global Diversity SecretaryRecruitment General Parliamentary snapshot Transparency administration Human resources Governance Global Parliamentary Development service act comparison Institutional memory Foreword The parliamentary administration forms the backbone a survey disseminated to parliaments, and a desk review of parliament. Parliaments and their members are of relevant texts and legal frameworks. The Appendix dependent on it to carry out their functions. The provides a more detailed examination of 13 case studies manner in which parliaments govern these services from a diverse sample of parliaments in tabulated form. and their staff – and the extent to which they can do so We are very grateful to the many parliaments who autonomously – varies from country to country. provided feedback to enrich this document as well as those who shared multiple ideas for future avenues of The efforts of parliaments to carve out greater autonomy research, further demonstrating the importance of the in their respective countries is often intertwined work of parliamentary administrations. with parliamentary development more generally, and this holds true in matters related to governance of We hope that this paper will not only become a rich parliamentary administration. In response to numerous source of knowledge for the parliamentary community, requests from parliaments, the IPU has undertaken but a stepping stone towards further research aimed research on comparative efforts to assist their at enabling parliaments to be even more effective and modernization. I am pleased to share with you the autonomous. For despite the diversity of frameworks and fruits of this research, which has been compiled into a practices parliaments have, all are united behind these paper for the benefit of the parliamentary community common objectives. The IPU is honoured to accompany worldwide. you to these ends. The paper offers a global overview of parliamentary administrations based on data collected over the past Martin Chungong three years, including from the IPU PARLINE database, IPU Secretary General Introduction This comparative research paper looks at the governance of parliamentary administrations. Parliamentary administrations – responsible for providing the organizational, day-to-day, budgetary and technical functions of parliaments – play a key role in effective functioning of parliaments by offering administrative expertise and building institutional memory. A well- resourced parliament generally has: (1) Sufficient expert staff providing impartial support; (2) A comprehensive library and information service; (3) Office facilities for individual members; and (4) Dedicated facilities for the main opposition party or parties.1 Parliamentary administrations are intertwined with these essential features of parliaments. To more effectively perform their functions and better reinforce the separation of powers between branches of State governance, observers have generally agreed that more autonomous parliamentary administrations are desirable.2 Autonomous parliamentary administrations require not only independence from the executive but must also be neutral and have sufficient expertise within the institution. There is also a recognition that parliamentary administrations, like parliaments themselves, are unique structures, with foundational histories old and young, yet constantly Plenary of the Vanuatu Parliament. © IPU/Pieyre-Bernard evolving and with distinct cultural characteristics, Castelier traditions, usages and practices. Assessing the internal structures of parliaments is – along The second approach consisted of an in-depth study of with other key indicators – a significant dimension of 13 parliaments, selected with consideration for ensuring evaluating the performance of the legislative branch. To regional and political diversity in the sample.4 Research was better understand the diversity of practices in this regard, conducted through a review of existing literature on the this paper aims to answer the following key questions: topic and an analysis of official documents – in some cases provided by parliaments – including State constitutions, • What are the differences in the legal frameworks of parliamentary legal documents and standing orders. The parliamentary administrations? paper was also shared with the 13 parliaments and feedback • What are the differences in the mandates and powers of was received and integrated from those who responded. parliamentary administrations? • What are the differences in the governance of parlia- This comparative research paper also generated additional mentary administrations? feedback from a number of other parliaments. Some of these parliaments expressed a desire for new or expanded These questions are addressed through two approaches. research into topics ranging from staffing and recruitment First, a global overview of the current state of to legislative drafting services – to name but two of the parliamentary administration governance was undertaken, subject areas suggested. These unsolicited contributions both through information already collected in the IPU highlight the interest in, and timeliness and relevance PARLINE database and through a dedicated survey of, further research into these and other parliamentary distributed in Spring 2016.3 administration subject areas. In addition to answering the above questions and providing a more overarching global snapshot, the research also 1 David Beetham (2006), Parliament and democracy in the twenty-first century: A guide revealed the following observations: to good practice (IPU), p. 116. 2 For example, one may refer to the Commonwealth Parliamentary Association’s study on administration and financing of parliaments and studies conducted by the Association 4 The IPU acknowledges that the selected parliaments, while broadly representative of Secretaries General of Parliaments (ASGP) in 1992, 1998 and 2008 on the autonomy of regional and political diversity, do not capture the full panoply of unique models in of parliaments and parliamentary administrations (see Bibliography for full citations). existence. In that regard, it is grateful to the parliaments of Armenia, Brazil (Senate), 3 The IPU acknowledges that this timeframe necessarily results in some information Burundi, Costa Rica, Croatia and Fiji for their voluntary additional contributions, and about certain parliaments not being completely up to date with the latest evolution of notes in particular Fiji’s recommendation for future research applicable to small island their circumstances. parliaments. 2 – Despite a small number of reports on the issue, – When chambers in bicameral parliaments differ global-scale comparative research on parliamentary on aspects of how their respective parliamentary administrations is lacking.5 administrations are governed,7 it is often with regard to – Parliamentary Service Acts (PSAs) are legal frameworks the method of appointment of the Secretary General adopted by countries often used to codify the key (SG)8 and budgetary procedures. characteristics, principles, mandates, composition, staffing and budgetary issues of parliamentary administration The paper is divided into two parts: the first presents and how they are to be governed. However, PSAs are a global snapshot of the current state of parliamentary one of a number of tools which serve to provide the administrations, and the second presents an in-depth study legal framework to parliamentary administrations. Other of 13 parliaments. methods include: articles in a country’s constitution, parliamentary rules and regulations, and government 7 It should be noted that, in the case of the three European bicameral parliaments highlighted for in-depth study (France, Germany and the United Kingdom), none has 6 decrees (Portugal is such an example). a parliamentary administration serving both Houses, unlike Austria, Bosnia and Herzegovina, Ireland and Switzerland, where this is the administrative structure employed. 5 Commonwealth Parliamentary Association (2005); ASGP Report (1999); Jeffrey D. 8 In this report, Secretary-General (SG) will be the term used for the head of the Straussman and Ari Renoni (2009). parliamentary administration of parliaments. Depending on the parliament, the position 6 Table 2, Column I in the Appendix, titled “Governing principles” provides detailed of SG can take different names, such as the Clerk, which is a term commonly used in information on this. many parliaments (Australia, Canada, Kenya, New Zealand and the United Kingdom). PART 1: Global snapshot of the current state of parliamentary administration The IPU survey provided additional results from To provide a global overview of the current state of 42 parliamentary chambers. It showed that of these parliamentary administration governance, the IPU 42 chambers, in 22 the parliamentary administration disseminated a survey to national parliaments in spring was considered as completely separate from the 2016. Complementing this information were data received civil service, while in 14 it was considered partially in surveys designed for the PARLINE database. separate.9 Only five countries responded that their parliamentary staff were under the administration of the I. Legal framework and separation of parliamentary civil service.10 administration