Codes of Conduct for Parliamentary Staff

Codes of conduct for parliamentary staff

Report prepared by Mr Mauro ZAMPINI (Italy), adopted at the Cairo Session (September 1997)

The Association considered the question of a code of conduct for parliamentary staff in October 1995 during a debate at the Bucharest conference. It was then decided that this subject be treated in a questionnaire. The questionnaire was approved in April 1996 at the Istanbul session, having been sent to all members of the Association.

The first draft report, based on responses to the questionnaire from a large number of parliaments, was approved in April 1997 at the Seoul session.

The second report, supplemented with material from additional responses (in total responses were received from 53 parliamentary assemblies), was discussed at the Cairo session in September 1997. It consists of an introduction and a comparative analysis.

From a majority of the responses to the questionnaire three essential points can be identified:

· rules concerning public employees or parliamentary staff (those who manage parliamentary staff in employment matters do not always belong to the parliament in question) are based upon the conviction that independence and impartiality are essential characteristics of officials working for a parliamentary assembly; · every operational or strategic decision must be made within the framework of a legal procedure; · the activity undertaken as employees of a parliamentary assembly must not be in any way exploited so as to derive from it other personal advantages beyond the statutory remuneration.

Finally, there is an indissoluble relationship of trust binding the parliamentary official to his or her assembly.

It clearly follows from this that in the event of an actual or potential conflict between the interests of the administration and the position of the official, any intervention would have to be based on a system of regulations with an ethical foundation. Such a foundation, expressed concretely in a code of conduct, supports the system of penal, administrative and accounting regulations which define offences against the public administration.

In fact, in the different systems, there are very few examples of rules which attempt to define the responsibilities of officials more concretely and fully than the simply administrative or criminal regulation. As a result, essentially jurisprudential criteria have been resorted to, which take effect after any offence. It is in this context that we find the `universal' principles concerning conflicts of interest, the separation between auditor and the matter audited, and the obligation to abstain from any action involving a personal interest (direct or indirect).

Moreover, the absence of rules capable of distilling such a wide range of behaviour necessarily results - given a strict interpretation of the abstract and general character of the law - in an over-extensive application of the law, giving the criminal or administrative judge the task of controlling the public administration, which as a result is to all intents and purposes relieved of the duty of self-regulation.

Here we have, as the responses to our questionnaire testify, the delicate relationship between codes of conduct (where they already exist) and traditional administrative arrangements ("staff regulations") with their disciplinary sanctions.

We can attempt an initial outline of this issue: disciplinary codes consist in general of obligations and prohibitions; codes of conduct, by contrast, contain directives and principles of behaviour. Thus the - 2 - financial scope of the disciplinary codes is in some way counter-balanced by the codes of conduct which make apparent, and sometimes concrete, duties of conduct whose force it would otherwise be impossible to grasp. Codes of conduct operate at the level of morality and probity, not only at the level of honesty - which is more characteristic of criminal and administrative regulations.

In this context, the many and various codes of conduct in operation in many countries are a real touchstone because of their specific and particular aim of producing rules of behaviour regulating not only relations with the public and amongst officials, but also the private life of the public employee. Here is another characteristic of codes of conduct which I can draw from responses to the questionnaire: codes of conduct reinforce the concept of an official enjoying the trust of the community. This, clearly, is even more important for parliamentary officials.

All of us, responsible for complex organisations serving our parliaments, have naturally spoken on many occasions of the need to strengthen the system of values on which the employment of parliamentary staff is based.

Secretaries General, who are responsible for complex parliamentary organisations, certainly mentioned many times the need to strengthen the value-system which forms the basis for the employment of the staff of parliamentary assemblies.

The code of conduct in itself is not an instrument of action or organisational development. It does, however, fully achieve its objective of setting out a system of values when it encapsulates the fundamental relationship between commitment to the work and commitment to democracy.

There is thus reaffirmed a point which could be drawn from responses to the questionnaire: disciplinary regulations, the traditional instrument of the "governance" of public employees, establish a relationship between the administration - the employer - and the employee, whereas the code of conduct involves the relationship between the employee and civil society.

To make this account more concrete - which might at this point be useful - one can consider the following example - "The parliamentary official will refrain from associating with individuals who do not offer guarantees of seriousness and complete trustworthiness". Such a provision can only make very clear the difference between a disciplinary rule (‘an employee must respect the hours of work') and a rule of behaviour or ethics in the strict sense.

The choice of persons associated with is a freedom belonging to, and safeguarded for, every citizen. And as a citizen the parliamentary official associates with anyone he wishes to. Could one imagine a disciplinary rule of this sort: "it is forbidden for an official to associate with any individual who does not provide guarantees of trustworthiness, on pain of dismissal"?

It is clear that, in this case, the rule would have to identify individuals not offering such guarantees of trustworthiness. Its indetermination would only weaken irrevocably the effectiveness of the rule, whereas the situation would be different where the same rule is brought within the sphere of a code of behaviour, a code of conduct.

It is up to a parliamentary official, to his freedom of judgement, to his sense of belonging, to his system of values, drawn from values appropriate to Parliament, to lead an upright life, informed by an assessment of his behaviour and social relations.

The difference between disciplinary intervention and ethical provision consists in the way in which every assessment of the official's conduct is brought within the sphere of his own personal responsibility, avoiding any implication of a legal nature which, whatever the outcome of the particular case, could only have wider consequences for his own department.

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One can thus state that codes of conduct are based on the one hand on the public interest, which follows the developing relationship between the authorities and public opinion, and on the other, in all countries, on a genuine change in practice, according to a wide variety of models, with regard to the relation between the public service and the public employee.

The research currently pursued in Italy and, it seems from the responses to the questionnaire, also in many others, into a framework for a code of conduct for parliamentary service, contributes to the process of finalising rules for the behaviour of parliamentary officials. It is however true that in certain countries it is not considered necessary to establish a code of conduct. In these instances, the obviously succinct nature of the response has not enabled me to ascertain whether the questions before us have been resolved in a different way, or if they do not appear to be important. This point leads me to say how preferable it would be for the rapporteur to be able to base his comments on a detailed response, also so as to avoid possible misunderstandings.

A precise description of the different kinds of disciplinary offence would end up making lawful, or compatible with its role, behaviour which, even if not provided for in the disciplinary regulations, is nevertheless reproved by social conscience.

From this thought, which is based on a systematic study of possibly illicit actions, another conclusion can be drawn worthy of consideration: the creation of disciplinary bodies other than those traditionally employed in instances of disciplinary offence, which would be capable of protecting members of staff who are obliged to abide by codes of conduct.

In other words, one could envisage a body provided with a structure and expertise such that it could judge whether behaviour, considered within the framework of a code of conduct, is compatible or not with the values being protected, disregarding any question of a disciplinary nature.

It is a question of working out whether it is possible to establish, alongside disciplinary procedures, an ethical procedure in the strict sense; a procedure capable of being initiated not only by the relevant responsible bodies but also by the parliamentary officials in such a way as to allow them a `free' forum in which they could air their questions concerning appropriate behaviour.

One could thus achieve the goal of placing the public interest in its widest sense before any individual or other interest, much more readily than would be possible through legislative arrangements.

To the extent that there is agreement, in the interpretation of responses to the questionnaire, in subscribing to the idea of a public employee - in particular a parliamentary official - enjoying the confidence of the community whilst not having been elected by that same community, all the more can we then assert and support the reasons for a process of separation between political and administrative authority.

It is from this perspective that questions concerning the establishment of codes of conduct and the rules which safeguard the role of the parliamentary official ought to be considered.

Once it has been established, and it is clear from all the legal systems studied, that the organisation of parliamentary services is always related to political authority, and if the administrative service is also required to bind itself to the community by an obligatory system of moral behaviour, then it simply follows that the parliamentary service must be granted a necessary organisational autonomy. As a result, this autonomy in organisation leads to an autonomy for the code of conduct.

Undoubtedly the code of conduct must not abandon the parliamentary official to the arbitrary opinions of those called upon to judge behaviour. For this reason it is necessary to establish categories in which the various kinds of moral (deontological) offence can be placed. It is only thus, within the framework of an indefectible principle of legality, that one could establish a `legal' system of sanctions. - 4 -

This brings one to the assertion that it is not the sanction but rather the evaluation of behaviour (and thus of performance) which constitutes the real outcome of a procedure on the violation of the code of conduct. One can in this context cite another element from responses to the questionnaire, where the Code has, amongst its other functions, the task of contributing to the recognition of the good official and the adoption of a policy of encouragement through the highlighting of good performance, without fear or paternalism, so as to encourage emulation from other officials.

It is in fact only thus that the concept of the public official as a responsible person is promoted. From this viewpoint it seems that the code of conduct for parliamentary officials coincides with a possible code of conduct for members of parliament.

In a case where the behaviour examined under the code of conduct also has implications of illegality, the criminal and disciplinary codes are automatically applicable.

The questionnaire included finally one question which was inevitably going to result in very different and, at the same time, stimulating responses: that is, whether it would be practical and useful to produce a unified code of conduct for parliamentary officials of the legislative assemblies within the ASGP. Alongside certain totally negative responses, unaccompanied by explanatory comments, there were other viewpoints based on a realistic approach. One could give as an example the ‘intermediate’ response, which has received most support, and which considers that a unified code of conduct is not realistic, even if there might exist a common core of values shared by all parliamentary officials, such as probity and impartiality. Amongst the `intermediate' responses one can pick out those who considered that a collection of common rules had the value of being a reference point for guidelines and recommendations.

Given the wide range of positions, it is for the Association to decide. The Rapporteur has stated the requirement of the majority for the identification of a group of common principles which would have to underpin rules of conduct for parliamentary personnel; they would have to be neither so general as to be banal and useless, nor so restrictive as to limit the autonomy of each parliamentary bureaucracy.

One would add the following point: at a time of globalisation and supranational bodies, every effort aiming to establish common rules and facilitate understanding among persons engaged with the same problems appears quite compatible with the principle of autonomy.

This then, is the ultimate purpose of this report: to go beyond the statement of differences so as to approach a common position. It basically involves the same underlying perspective as that of the IPU in Bucharest, which was to search for an ethical common denominator for members elected to free and democratic parliamentary assemblies.

ANNEX

CODES OF CONDUCT FOR PARLIAMENTARY STAFF

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TABLE OF RESPONSES TO THE QUESTIONNAIRE OF MR MAURO ZAMPINI (ITALY)

SECTION A: THE CONTEXT FOR A CODE OF CONDUCT: THE POSITION OF PARLIAMENTARY STAFF WITHIN THE INSTITUIONAL SETTING OF EACH COUNTRY

ARGENTINA Contained in the Statute on Generally, by competition; exceptionally Special status. Elected by the Chamber for 1 year; may be By a political body, with (Senate) Staff of the National and in cases of urgency, by temporary re-elected. decision-making power. Legislature (law of 1995). appointment. The SG is at the service of Members, but By an administrative body, Other ethical codes exist, Two categories of staff: has the rank of a Secretary of State. He is with decision-making arising from custom and - permanent appointments the highest official below the power. usage; principally - honesty, - period appointments, linked to the service President/Speaker. respect, loyalty, discretion. of the Members who have sought their appointment. Career progression is by seniority and merit. Staff may assist parliamentary groups.

AUSTRALIA (House They consist in: Staff are recruited to the public service and The same as public The SG of the Senate is appointed by the See: Recruitment and Career. of Representatives then selected and assigned to various posts officials. Governor General on the advice of the and Senate) - the fulfilment of duties in conformity with the law on public President/Speaker of the Senate. He is with professionalism, employment. The Committee on equal responsible for the administration and is the integrity and efficiency; opportunities and public employment gives principal adviser to the President/Speaker directions for the engagement and on parliamentary rules. The SG of the - politeness, impartiality recruitment of personnel. Recruitment is House of Representatives is appointed by and equality in relations by: the Governor General on advice from the with the public; President/Speaker of the House. - notices in the Commonwealth of Australia - the avoidance of all Gazette and/or in the press; conflicts of interest, etc. - selection followed by interview.

The employment relationship is as often indefinite as it is determined.

Career progression is by merit following a notice in the Commonwealth of Australia Gazette.

Parliamentary staff can work on a

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees temporary basis for Members of Parliament. According to the law on Members of Parliament, staff in such a case are given unpaid leave.

AUSTRIA Same as other public By competition, under the federal law, with Same as federal By the President/Speaker of the Nationalrat. By the President/Speaker officials (conscientiousness, a period contract capable of indefinite officials. He may not be dismissed at will. after open announcement neutrality etc.) prolongation. The SG is the head of the parliamentary and assessment of staff. candidates by a mixed commission of management and unions.

BELGIUM Separation of powers. By competition. Final appointment is Autonomous from By the Chamber (Art. 104 of the Rules). By the Bureau (a collegiate (Ch. of Reps) subject to passing a test. rest of the public The Clerk/SG has authority over all staff political body). Career progression follows assessment in service, with status and services. the 3rd, 10th & 15th years of service, established by the following a report by higher management. Bureau.

BELGIUM Contained in the Staff Rules By competition. After a probationary year, See "Basic By the Senate (Art. 81 of the Rules). By the Bureau, on the basis (Senate) (chapter III). Many the appointment is confirmed. Some principles". He assists the President/Speaker. He is of proposals from the SG, provisions are taken from categories have a time-limited contract. If responsible for the official record of sittings after consultation with the the statutes governing there is a major overload of work, external and for the carrying out of the Senate's college of Questeurs. government officials. The staff may be recruited. decisions. He is responsible for convoking particular duties of Senate Career progression is automatic, by length the Senate and its committees. On behalf of staff include: of service. the Bureau, he manages the various services - prohibitions against Higher posts are filled on promotion. and the staff. multiple post-holding There is no provision for secondment to a - incompatibilities political group. - the honour and dignity of the service - discretion - etc.

BRAZIL (Senate) Parliamentary staff are By public competition on the basis of tests Same status as By the President of the Senate. The basic administrative public officials. Public or qualifications and tests; by direct public officials. He takes part in meetings of the Bureau; he structure of the Senate is as officials are required to obey appointment, to posts specified by law. is the link between the Bureau and the follows: (SO(?) the principles laid down in For the former category, employment various organs of the Senate and of the (a) Management the Constitution, notably: becomes permanent after a 2-year Chamber and other public bodies. Committee

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees legality, morality, openness, probationary period. (b) Higher Service(?) etc. Career progression is by merit and length of bodies service. (c) Supervised bodies (d) Special bodies (e) Higher body for planning and control(?) (f) Central unit for Co- ordination and Implementation

BURKINA FASO Contained in: Direct recruitment for contract staff; There is no separate By the President of the Assembly, with the By the Bureau (a collegiate - General Law on the secondment from the public service. category of agreement of the Bureau. political body). Public Service Indefinite periods of appointment. parliamentary staff. The SG manages and coordinates all the By the President of the - Law on Personnel Career progression is based on: competence, services of the Assembly. Assembly (also an - Parliamentary Rules professional conscientiousness, seniority. There are no hierarchical links between administrative body), who Secondment to parliamentary groups to Members and the SG. appoints the Heads of help during sessions is possible. Services.

CANADA Duties of parliamentary By competition, with preference given to As set down by the By the Governor in Council. By competition, as (House of Commons) staff are laid down by the internal candidates; by appointment, with Parliamentary The SG is the principal adviser of the vacancies arise. Human Resources the agreement of the Speaker; by Employment and Speaker and Members on procedure, both Directorate. secondment. Staff Relations Act. parliamentary and administrative. The duties of Members' Contracts may be either permanent or for a staff are laid down by the specified duration. Member concerned. Career progression is according to the The Board of Internal written principles laid down by the House. Economy (Speaker and 8 Members) is responsible for all administrative and financial questions concerning House staff.

CANADA Professional Appointment of officials by the Standing Autonomous. By the Executive (Governor in Council). By Parliament, in (Senate) conscientiousness. Committee on Internal Economy, following He is responsible for the smooth running of accordance with the law; by Non partisan. competition; appointment by the Human the chamber. the Senate, in accordance Resources Directorate, following He is the head of all staff. with resolutions; by the competition. Standing Committee on Employment is usually on an indefinite Internal Economy.

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees basis, but fixed term contracts also exist. Career progression is based on training and competitiveness. Staff may undertake work for political groups.

CHILE (Senate) Contained in Art. 55 of the Generally by competition, and of indefinite Special status, By two-thirds of Senators. By two-thirds of Senators. Senate Staff Rules; notably - duration. Exceptionally, by contract, including separate commitment, efficiency, expiring on 31 December each year. remuneration. politeness, honesty, Career progression is by promotion, or, in discretion, impartiality. certain cases, by competition.

COLOMBIA (House Equality, morality, - through normal recruitment The same status as Elected by the members of the House of of Reps.) efficiency, impartiality etc. public employees, Representatives for a period of two years. The fundamental duties of - by appointment from within the group of regulated by the law The SG directs, coordinates and audits parliamentary officials staff submitted for selection 200 of 1995, which legislative activity. Staff relations are the include: introduced a single responsibility of the administrative - by election to the post of Secretary disciplinary Code. department. - respect for and application General of the institution or of the of the Constitution, laws, Committees on law and judicial committees. treaties, regulations. Career progression is by competition, The principal rights include: provided that:

- the receipt of a monthly - the required conditions are satisfied, salary; social contributions; - a good evaluation has been obtained for the - etc. previous two years work,

- one has not been the subject of any disciplinary measures.

CONGO Parliamentary staff help By secondment from government service; Same status as By the President/Speaker acting in the By the President/Speaker, (National Assembly) Members in the exercise of by direct recruitment by the Assembly, on a government Bureau. acting in the Bureau, on their functions (staff decision by the President/speaker. officials. No provision is made for dismissal. proposals from a member of management, finance, In principal, employment is on a permanent A draft statute the Bureau or from the records and archives, etc.). basis. covering Secretary General. parliamentary staff

CONGO (Senate) Parliamentary staff work in By secondment from the government Same status as By the President/Speaker, following an By the Bureau (a collegiate the various fields of service. government opinion from the Bureau. political body), on proposal parliamentary activity under Career progression is the responsibility of officials. The SG is the hierarchical head of the from a member of the the control of the Bureau. the government office of origin, on the basis parliamentary staff. Bureau. of reports prepared by the chamber in which the official is working.

COUNCIL OF Independence and General competition, for permanent Staff of the Elected by the Assembly for 5 years, which Power rests with the SG of EUROPE competence, as specified in: appointments. Parliamentary can be renewed. the Council of Europe. (Parl. Assembly) - Statute for Public Temporary appointment (max. 6 years). Assembly have the No provision is made for dismissal. He Servants Career progression by means of internal same status as staff enjoys a position of independence in the - Staff Rules competition up to grade A5. For grades A6 of the Council of administrative field vis-à-vis Members. and A7, the final word rests with the SG, Europe. He holds a hierarchical position over staff of after consultations with the Committee of the Clerk of the Assembly, delegated to him Ministers. by the SG of the Council of Europe.

CROATIA In: General competition. Same status as By parliament, composed of two houses: By the Parliamentary - Law on State Officials Generally employment is for an indefinite government Chamber of Deputies and Chamber of Committee for Elections, and Appointees period; exceptionally, for the Secretary officials, with a Counties. Nominations, and - Decision on the General and the Deputy Secretary General, number of special The SG of the Chamber of Deputies is also Appointments, for the Administration of for a period limited to four years. rules. SG of Parliament. He is appointed by the higher grades. By the SG Parliament Career progression is under the Law on Chamber of Deputies on a motion from the for posts at lower levels. - Regulations on the State Officials and Appointees taking President/Speaker and the Bureau for 4 Internal Organisation of account of: professionalism; effectiveness, years. The term is renewable. He is head of the Parliamentary length of service. the Administration. Administration Staff may assist parliamentary groups. He participates in the preparation and organisation of parliamentary sessions. He is head of the parliamentary staff. Normally he is a member of the Bureau, on the invitation of the President/Speaker.

CZECH REPUBLIC There is only one special By competition, for an indefinite period of There is not yet any By the President/Speaker, with the assent of By the SG. rule governing staff in the employment. rule on this. the Bureau. Rules of Parliament; this Appointment is for a limited period A law on state covers remuneration of (generally for one legislature) in the case of employees,

DENMARK Covered by the code of After publication of vacancies in the more No special status. By the Presidium (Speaker/President and 4 By the President/Speaker conduct laid down for State important newspapers, officials are In general terms, the Vice Presidents) subject to the approval of after consultation with the officials. recruited on the basis of job interviews. law governing state the Standing Orders Committee. Vice Presidents and the However, this code is not Appointment is by the Speaker/President. officials is The SG assists the Speaker/President and approval of the Standing fully applicable to the same Employment is generally for an indefinite applicable. the Presidium. He is the head of the Orders Committee. extent to all levels of post: it period. parliamentary administration. varies according to the importance of the post.

EGYPT Contained in Article 52 of By examination following public Special status, By the Bureau, on a proposal by the By the Bureau. the Regulations on the Staff advertisement. particularly in President/Speaker. of the People's Assembly. By direct recruitment by the Bureau or the respect of He is present at all sittings and is at the head Include: to uphold the President/Speaker. Employment is remuneration. of all Assembly services, for which he is public interest properly and generally for an indeterminate period. responsible to the President/Speaker. with honesty, Career progression takes place based on respectability. - level of training Article 53 of the Rules - foreign language courses prohibits contravention of - cooperation with other parliaments the financial rules or - etc. discussion of parliamentary work in public.

ESTONIA Duties are set out in: Public competition for jobs of indefinite Same status as State By the Bureau, following public By the SG. - Regulations on the duration. officials, with a few competition. Chancellery (Secretariat Direct recruitment for fixed term posts. exceptions. The SG has a coordinating role with respect General) Services Career progression is subject to to Members. He is subordinate only to the - Employment regulations professionalism and good conduct. Bureau. They require: political neutrality, high level of professionalism, loyalty.

FINLAND De jure: the Constitution By the "Office Commission" of Parliament, Subject to the Following an election by Parliament in By a political body - the and the Law on Public after public advertisement of vacancies. Parliamentary Civil plenary sitting. "Office Commission" -

FRANCE (National An order of 1958 provides By external or internal examination. In each An independent By the Bureau. The two SGs must be By the Bureau (a collegiate Assembly) for parliamentary officials department officials progress according to a status but one that chosen from among the officials of the political body). to be state officials but to system of quasi-automatic advancement does not differ Assemblée. enjoy an autonomy every two years, and of advancement in fundamentally from determined by the Bureau of class and grade, by selection. the general status The SG of the Assemblée manages the the Assemblée. for the Public legislative services; the SG of the Questure Movement from one department to another Service. manages the administrative services. They must show: is only possible by means of examination. There are examinations for parliamentary - helpfulness; officials. - political neutrality; - professional discretion.

FRANCE (Senate) Contained in a special By competition, for permanent Autonomous By the Bureau, which chooses him from By the Bureau, a political statute prepared by the appointments. statute, though the among the two highest grades in the body. Bureau. Despite the Career progression is by: similarities to the Administration (directeurs and conseillers). separate nature of this 1. Promotion in class, after a minimum 2 statute governing Dismissal is not provided for. statute, general principles of years service; the general public The SG of the Presidency and the SG of the law are applicable. 2. Promotion in grade, by selection from service are however Questure manage the legislative and the among officials of a given length of very great on a wide administrative services respectively. They service, by a joint body number of points. are the focal point for the political comprising representatives of authorities of the services for whose management and of staff. management they are responsible.

FYR of Contained in: By general competition or by public Same status as By the Assembly, with a term of 4 years, By the Elections and MACEDONIA - the Constitution advertisement; also by secondment. government on a proposal from the Elections and Appointments Committee, - the Law on Appointments are generally for an indefinite employees. Appointments Committee, a political organ on a proposal from the SG, Administrative bodies period. of the Assembly. for the top posts. Career progression is based on assessment The SG is the head of the professional Directly by the SG for other of performance. services of the Assembly. posts.

GERMANY Contained in: Following advertisement. Same status as other By the President/Speaker with the By the Director (SG), after

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees (Bundesrat) - the Fundamental Law Employment is for an indefinite period. Federal officials. agreement of the Bundesrat. consultation with the - the Federal Public Bundesrat officials can work for a The SG (Director) assists the Standing Consultative Service Law parliamentary group in the Bundestag; there President/Speaker and directs the Secretariat Council. are no parliamentary groups in the of the Bundesrat in accordance with the Bundesrat. instructions of the President/Speaker.

GERMANY The duties of parliamentary By selection following the public The same as public By the President/Speaker with the The staff of the Bundestag (Bundestag) staff are found in the laws announcement of vacant positions. The officials. agreement of the Presidium. He is head of are under the authority of of the Public Administration recruitment of women is particularly the Parliamentary Administration. On the President/Speaker. The and in institutional encouraged. With regard to public authorisation of the President/Speaker, he latter in accordance with the conventions relating to employees, after a probationary period of can promote staff and represent the Regulations and on the public employment and between 3 to 5 years, employment is President/Speaker in disciplinary matters. advice of the Presidium federal employees. In permanent. Career progression for assigns the posts of head of particular they consist in: parliamentary staff is based on merit and on division, committee principles established by the Bundestag. secretary, etc. - the fulfilment of tasks Officials can obtain unpaid secondments to with conscientiousness and parliamentary groups. In this case, they are impartiality; placed on leave. Temporary salaried - loyalty to the liberal- employees are recruited through a private democratic constitutional employment contact. system - moderation and limitation to political activities, etc.

GREECE Contained in the Rules of By general competition, for permanent Set down by the By the President/Speaker. By the President/Speaker, Parliament (Section (b): posts. For period contracts, appointment Rules of Parliament, The post of SG is of a political nature. with the assent of the staff). follows a decision of the President/Speaker. which however Appointment to the post lasts as long as the Committee on Rules. They have the same civil Career progression is similar to that of largely refer to the term of the President/Speaker. rights as government government officials. Code governing the officials. A limited number of staff may work for public service. parliamentary groups.

HUNGARY They are contained in: By competition, for permanent Same status as By the President of the Assembly. By the SG or by the - Law 23/1992 on the legal appointments. government The SG is in a position of neutrality relative Director General for status of state employees Career progression is governed by the Law employees. to Members. Economic Affairs. - Resolution No. 46/1994 on the status of state employees. on the Rules of Parliamentary groups have their own staff. Parliament

INDIA Same as for national By a separate recruiting agency for No special status, By the Chairman of the Rajya Sabha. By the Chairman of the (Rajya Sabha) government officials. parliamentary staff. but the Constitution Rajya Sabha. Recruitment is initially on a temporary contains a specific basis. It becomes permanent after provision for the completion of a satisfactory trial period. Secretariat of Temporary appointments from government Parliament. departments are possible. Career progression is by selection.

IRELAND Contained in the Standing Recruitment is through the Civil Service Same status as By the Prime Minister, on the For certain important posts Orders of the Dáil, in certain Commission, with appointments generally government recommendation of the Chairman of the Dáil the power of appointment Finance Ministry Circulars, being permanent (indefinite) appointments. employees. and the Finance Ministry. Dismissal can rests with the Prime and in the Staff of the Career progression is by competition open only take place on a recommendation from Minister (the Houses of the Oireachtas to all state employees. the Chairman. Superintendent and the [Parliament] Act 1959. Captain of the Guard) after Parliamentary staff are state consultation with the employees. Chairmen of the Dáil and the Senate.

ISRAEL Contained in the Code for — — — — State officials.

JAPAN They are contained in the By competition; as a rule, permanent. Status is not the The SG is an official of the National Diet. By the SG. (House of Law on the Staff of the same as for He is elected by the members of each Representatives and National Diet, as well as government Chamber. Legally he cannot be removed House of Councillors) other laws and regulation. officials. except with his own consent.

REPUBLIC OF The principles are contained By examination on the basis of the The same status as By the President/Speaker on approval from By the President/Speaker KOREA (National in the Law on Public Regulations on the examinations for State employees. the Assembly. The SG manages Assembly) Employment. They consist parliamentary staff; appointment is for an administrative affairs and is the head of particularly in: indefinite period. Assistants to members of staff. parliament are employed by the - the accomplishment of parliamentarians themselves. appropriate duties; - obedience;

KUWAIT Contained in the: By appointment and by secondment from Special status. By resolution of the President/Speaker after By the President/Speaker, - Rules for staff of the Ministries. approval by the Bureau. acting in both his political National Assembly Contracts of employment are permanent, The SG is the head of the parliamentary and administrative - Civil Service Code but the possibility of fixed-term contracts administration. capacities, after consultation also exists. with the Bureau.

NAMIBIA De jure: impartiality and Recruitment is by internal notices for lower They are public By the President/Speaker according to Officials of a senior grade (National Assembly) professionalism on the basis posts and by notices in the press for posts employees. article 52 of the Constitution and article 5 of are appointed by the of rules contained in the law at a higher level. After a year on probation, the law on public administration, in Committee on Public on public administration the appointment becomes permanent. particular with regards to dismissal which is Administration, which is an (Law 13 of 1995). Other types of employment (for a limited the responsibility of the Prime Minister, on administrative body. period, by contract) are rare. advice of the Committee on Public De facto: equality. Administration. They cannot work in political positions. However, the President/Speaker can also demand his dismissal in cases of illness, misconduct, etc.

NEPAL They are contained in the - - - - Constitution.

NETHERLANDS The same as for the Public Through a notice in the press or through an In theory an By the Chamber, in a secret ballot, on the The two Directors are (Second Chamber of Administration, but the external recruitment agency followed by an autonomous status proposal of the Bureau. appointed by the Bureau the States General) Bureau of the Chamber, internal procedure. After one or two years, but in practice it is from among the Deputy after discussion with the the employment relationship is made almost identical to Clerks. The other trade unions, can decide on permanent. Career progression is that of state management functions are special norms. determined by the Clerk or the two employees. decided upon by the Clerk Directors. The Chamber, on the proposal or the two Directors. of the Bureau, appoints the Deputy Clerks.

NEW ZEALAND Impartiality, effectiveness, By public announcements of vacant posts. Special status. By the Governor-General, on the The Deputy Clerk is also honesty. Permanent contracts. recommendation of the Speaker/President, appointed by the Governor- Responsibility for Salary is subject to annual revision. after consultation with the Prime Minister General.

NORWAY De jure: Act on Worker By advertisement in newspapers and Same status as By the Assembly, on a proposal from the By the Presidium, for the Protection and Working reviews. government Presidium, with a 6 year term of office. highest posts, on a proposal Environment; Handbook for Contracts are generally for an indefinite employees. The SG is the head of the parliamentary from an administrative body state employees; Act on period. administration and the Secretary-Adviser to and from the SG. State employees. In certain cases fixed-term contracts are the Presidium on constitutional and De facto: specific used (4 years, renewable, eg for committee administrative matters. arrangements for Parliament secretaries). There is no hierarchical line between the SG are contained in special The economic side of career progression is and Members, who have their own staff. regulations for managers and according to seniority. employees. By competition for vacancies.

PHILIPPINES De facto: Loyalty, honesty, According to rules laid down by the Civil Same status as By the House, on a majority vote. By the President/Speaker (Hse of Reps) effectiveness, courtesy, etc. Service Commission; assessment of government He is the principal adviser to the for Heads of Departments De jure: they are based on individual qualifications; academic employees. Speaker/President and Members on and Offices, after advice the provisions laid down in background; work experience; and then legislative issues. from the SG. the Constitution, laws, competitive examination and interviews. He is also the head of all personnel. By the SG for the Heads of Rules and the The contract of employment may be: Sections, after advice from Administrative Code. - permanent (after 6 months trial); the Promotions Board. - till the end of the Legislature; - for a specified period, in the case of certain jobs. Career progression is governed by the laws for state employees and the Manual of Systems and Procedures adopted by the House. Staff may assist parliamentary groups.

POLAND (Sejm) Responsibilities are found Recruitment is by means of notices of The same as for all By the Marshal of the Sejm, on the advice By the SG (Head of in: vacant posts, then a selection board, a state employees, as of the Committee on Rules. Chancellory) on the basis of medical inspection and another qualification contained in Law a contract. Promotion is by - Law 16.9.82 on public board where terms of service are discussed. 16.9.1982. A draft The SG is the head of the officials of the selection. officials; of a different Secretariat. He is responsible for the budget

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees - organisational The job can be either of limited duration or regulation for of the Secretariat and the heritage of the arrangements of the indefinite. parliamentary Treasury administered by the Secretariat of Secretariat of the Sejm. officials is, however, the Sejm. - Code of employment. Career progression is by periodic being studied. evaluations of professional activity and They consist in: training courses.

- observance of the laws and The parliamentary officials can be allocated Constitution; to groups on the authorisation of the SG. - impartiality; - discretion; - incompatibility with other employment, apart from that authorised by the Secretary General; - prohibition of strikes.

POLAND (Senate) In: There is no de jure recruitment procedure. The same as public By the Marshal of the Senate, after having By the SG. Vacant posts are notified in the press. officials. listened to the views of the Presidium and - The law on public Directors and deputy directors are the Committee on Rules. He organises the employment (1982), a law appointed on a permanent basis. Other work and departments of the Senate and on the limitation of the officials are on contract for a probationary assists parliamentarians in the exercise of activities of public officials; period of between three months and a year their duties without being subordinate to - The Rules of the Senate; and then employed on an indefinite basis. them. - Rules laid down by the The Rules of the Chancellery of the Senate Marshal of the Senate; lays down conditions for the filling of each - Arrangements made by the grade. A similar experience is demanded of SG. Directors. Parliamentary staff can work for a parliamentary group.

PORTUGAL They are contained in: By general competition; employment is for A special statute, By the President of the Assembly, with the By the President, on the - the Organic Law of the an indefinite period. provided for in the assent of the Administrative Council. The proposal of the SG, after the Assembly of the Republic By appointment only for senior posts. LOAR, is in the SG is only responsible to the President. assent of the Administrative (LOAR) Career progression is by competition. process of The term of office coincides with the period Council (a politico- - the Rules of Parliament They may assist parliamentary groups, preparation. of the legislature. administrative body - Laws and Rules of subject to the authorisation of the SG. composed of a Member Central Government. from each parliamentary group, the SG, and a staff

ROMANIA No political activity; General competition. There is no special By the Chamber. The SG is the head of the By the SG, after consulting (Ch. of Deps) independence of opinion. Employment is for an indefinite period. status for administration and ensures its position of the Standing Bureau. Career progression is subject to merit or by parliamentary staff. impartiality towards Members. means of competition.

ROMANIA (Senate) De jure: By competition or examination, or by direct Parliamentary By the Senate, for the duration of a By the permanent Bureau. - the Rules on the appointment, usually for an indefinite officials do not parliament, on the proposal of the organisation and activity of period, with the possibility of employing enjoy a special President/Speaker. He can be dismissed on the staff of the Senate; staff for a limited period. Dismissal takes status in relation to a proposal from at least twenty senators. - the Rules of the Senate. place after a decision by the SG. public officials; they The SG is the head of Senate staff and he have, nevertheless, draws up, along with the Questeurs, the De facto: different functions draft budget of the Senate. - not belonging to a political (Law 53/92 Rules of party; the Senate). - incompatibility with managerial responsibility in commercial enterprises and organisations. - irreproachable moral and professional conduct; - independence from the Executive; - non-interference in the functions of the other powers of the State.

RUSSIA (Federation - Respect for the By competition. The same as public By the President/Speaker. Heads of Department, by of) Constitution; officials. the President/Speaker. - protection of human Parliamentary staff are in two categories; Heads of committee rights; secretariats, by the Head of - separation of powers; - direct support staff for the work of the the Administration. - professionalism; President of the Council of the Federation - transparency; and the Vice-Presidents, employed for a

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees - neutrality; limited period; - etc. - staff responsible for the organisational activity of the Council of the Federation, In: employed on a permanent basis. - the Constitution; - Career progression is by competition. - federal law (law on State employment); - the Rules of the Council of the Federation; - decree on staff of the Council of the Federation.

SLOVENIA - Professionalism Advertisement of vacancies in the media; There is no special By the Assembly, for a 4 year period. By the Elections, - Political impartiality assessment of candidates by the Personnel status. He is responsible for the smooth running of Appointments and - Loyalty Service; selection by the Elections, parliamentary work. Administrative Affairs Appointments and Administrative Affairs Dismissal before the end of his term of Commission, on a proposal Commission or by the SG. office can only take place on a proposal from the SG. Career progression is subject to the from the Elections, Appointments and Regulations on Promotion in the offices of Administrative Affairs Commission. the National Assembly, generally every 3 years.

SPAIN (Senate) Regulation on staff of Las By public examination after a selection Basically the same By the Bureau, on the proposal of the By the SG, for the deputy Cortes Generales, approved undertaken by a Committee consisting of as state employees. President/Speaker from amongst SGs and the heads of by the Bureau of the two members of the Bureau, experts and administrative officials of the Cortes departments. chambers on 26.6.89 and independent officials. Recruitment is for an Generales with more than five years service. having the force of law. indefinite period. Career progression occurs The SG is the head of all staff and of all by examination on merit among departments. parliamentary officials, with the possibility of appeal to the Bureau or administrative tribunals.

SWEDEN There are no governing By open advertisement in newspapers or Same status as The SG is appointed by the Riksdag. Depends on the particular principles specifically for internally within Parliament. government The Director General, whose rank is the post: parliamentary staff. Contracts are for an indefinite period, employees. same as that of the SG, is appointed by the - Committee Secretaries except for the SG and the Director General. Administrative Board. are appointed by a Career progression arises from application In theory, the Riksdag can revoke the political body for a new post. mandate of the SG. This has never - Other posts are filled by

SWITZERLAND In: By public competition or by internal Same status as other By the Government on the recommendation Managements posts are (Federal Assembly) - Federal Regulation on recruitment. 90% are permanent. With officials. of the Bureaux of the two Chambers. A assigned by a collegiate Parliamentary Services regard to the others, the period is for four possible dismissal would be decided by the administrative body (SG, (7/10/88) years and is renewable. Where service is to Federal Council on a proposal from the Deputy SGs, Secretary of - Guidelines and General the appropriate standard, they are Bureaux of the two Chambers. The SG is the Council of States). Objectives for the promoted to the highet possible grade for responsible for the effective operation of the Parliamentary Services the post in question. It is possible to parliamentary services (Law on the relations (1992) change posting and to obtain a more between the Councils). Administration is common important position if one becomes vacant. to the two Chambers (National Council and Council of States).

TANZANIA The only principle is that By the Government, for an unlimited The same status as By the President of the Republic. The SG - (National Assembly) parliamentary officials do period. Career progression takes place state employees is the Head of Administration and Staff and not belong to any political every three years; also following courses since they are he is responsible for the budget of the party. and seminars for officials. They cannot themselves also Assembly. assist parliamentary groups, except for a state employees. limited period.

UNITED Set out in paragraph 166 of By general competition, for permanent They are not By the Queen. Generally, by the Clerk KINGDOM the Staff Handbook. They posts; some posts have a maximum duration officials of the (SG) following assessment (Hse of Commons) consist notably of: of 5 years, others of less than 1 year. Government. But it of merit by a selection - loyalty Career progression for "Fast Stream is provided by law board. - impartiality Grades" takes account of length of service that their conditions - prohibitions against and level of performance, in a similar way to of employment shall conflicts of interest, etc. the government service. be broadly comparable to those of government officials.

UNITED Contained in Article 221 of By competition. Officials take part in the Although there is a By the Queen. The Clerk Assistant and the KINGDOM the Staff Handbook. same competition as government officials distinction between "Reading Clerk" are (Hse of Lords) Notably: and House of Commons officials. Lords' staff and appointed by the Lord - loyalty to the House Employment is generally on a permanent government service, Chancellor, with the assent - impartiality basis, with certain posts limited to 5 years. the remuneration of the House.

Basic principles Country/Chamber applicable to the Recruitment and career Status relative to Appointment, dismissal, and Appointments to activities of other state position of Secretary General management posts parliamentary staff employees - prohibition against Career progression is based on length of and conditions of All other staff are appointed putting any private service, age and level of professionalism. service are the same. by the SG (Clerk) following interests above the Staff do not work for parliamentary groups. a competition based on service of the House, etc. merit.

URUGUAY They are contained in: Direct appointment by the President of the Laid down by the By the Senate, on a roll call nominal vote by — - the Constitution, which Senate. In some cases, there is a Law on State simple majority. lays down, among other competition based on examinations and Employees. For dismissal, an absolute majority is things, that officials are qualifications. required, on the proposal of the President or at the service of the Permanent contracts of employment. a Senator. country; Career progression, as set out in the Law on - the Law on Senate staff, Senate staff, is by competition based on which lays down the qualifications, or qualifications and exams, rights, duties, before a committee which includes responsibilities and candidates' representatives. sanctions applicable to staff; - ordinary law, particularly in respect of budgetary matters.

ZAMBIA These are in essence de facto Through selection by interview, after Special status By the President of the Republic. The By the President of the principles such as advertisement in newspapers and relative to State appointment is ratified by the National Assembly, on the proposal conscientiousness, honesty, periodicals. employees. Assembly, which has the power of of the Clerk/SG. fairness. The contract of employment is permanent dismissal. until retirement age (55), and can be The Clerk/SG is the head of the institution. extended beyond this point. Career progression is based on length of service, merit, and the obtaining of higher qualifications. Staff may assist parliamentary groups.

SECTION B: MAIN FEATURES OF EXISTING OR PLANNED CODES OF CONDUCT

Country/Assembly Existence of a Code Source/origins Areas covered

ARGENTINA (Senate) No Code of Conduct in a strict sense, but there is a Statute on the By a vote in both Houses. The Statute covers all areas of conduct, and lays Staff of the National Legislature. down disciplinary measures.

AUSTRALIA (House of Reps. Yes. From 1979 "Guidelines on the Conduct of Public Officials By the Committee for Public Service. The - Relations between the Public Service, Government and Senate) of the Commonwealth" have been introduced. The Committee on 1995 edition by the Committee on equal and Parliament; equal opportunities and the public service supervised the latest opportunities and the public service. edition in 1995. - the duties of public officials vis-à-vis the public;

The offices of Parliament have adapted these principles for their - rules on the behaviour of every public employee; own staff thanks also to the publication of a supplementary brochure. - conflict of interests

- behaviour in relation to colleagues;

- fraud;

- etc.

AUSTRIA No. — —

BELGIUM (Ch. of Reps) No, although the Statute on Personnel lays down provisions on — — matters such as: - incompatibilities - prohibitions against receiving gifts or favours or revealing confidential information - sanctions

BELGIUM (Senate) No — —

BRAZIL (Senate) No. It would be for the Union to establish a single legal regime — — for public officials. Nevertheless, there is a Code of Professional Conduct for civil public officials of the Federal executive power.

BURKINA FASO No. — —

CANADA (Hse of Commons) There are written guidelines for conduct dealing with conflicts of The Board of Internal Economy of the House, Conflicts of interest. interest, political activity, and harassment. after preparation by the Human Resources Political impartiality.

Country/Assembly Existence of a Code Source/origins Areas covered Directorate. For its part, the House of Commons must provide a work environment free from harassment.

CANADA (Senate) The code is based on the provisions governing government The Senate, following a report and Conflicts of interest; receipt of favourable treatment; employees. recommendations from the Standing peddling influence; acceptance of benefits/gifts; sale Committee on Internal Economy. of information.

CHILE (Senate) Article 3 of the Rules lays down the duties of officials. By the Senate, on consideration of a draft All the duties of officials and some aspects of prepared by the SG and the Committee on behaviour affecting the dignity of the post. regulation of internal affairs.

COLOMBIA (House of Reps.) A single disciplinary Code applicable to all state employees, The Congress of the Republic. - illicit gain; including parliamentary officials. - political pressures exercised by virtue of the post occupied; - unjustifiable dereliction of duty; - publication of state secrets.

CONGO (National Assembly) No. — —

CONGO (Senate) No. — —

COUNCIL OF EUROPE — — — (Parliamentary Assembly)

CROATIA There is no Code of Conduct for parliamentary officials. Their — — rights and duties are governed by the Law on State Officials, by the Decision on the Administration of Parliament, and by the Regulations on the Internal Organisation of the Parliamentary Administration.

CZECH REPUBLIC No. — —

DENMARK No. — —

EGYPT No. But the Staff Rules contain a Chapter (VII) on the duties — — and rights of personnel.

ESTONIA No. The Law on State Employees governs conduct in public — — employment, including that of parliamentary staff.

FINLAND No. — —

Country/Assembly Existence of a Code Source/origins Areas covered FRANCE (National Assembly) No. The independent regulation defines a certain number of - - responsibilities and sanctions.

FRANCE (Senate) No. The Rules of the Senate include certain obligations such as — — the duty of service and professional discretion. In practice, parliamentary officials are subject to a duty to maintain confidentiality. A review is being conducted at the initiative of a group of parliamentary officials on the job of a parliamentary official.

FYR of MACEDONIA No. The questionnaire may serve to inspire one. — —

GERMANY (Bundesrat) No. — —

GERMANY (Bundestag) No. - -

GREECE Part B of the Rules of the Chamber is devoted to parliamentary — — personnel. They have the same duties as government employees.

HUNGARY No. — —

INDIA (Rajya Sabha) No. The Code of Conduct for national government employees — — applies.

IRELAND No. The Finance Ministry is responsible for laying down the — — conditions to which public employees are subject.

ISRAEL No. — —

JAPAN No. - - (House of Representatives and House of Councillors)

REPUBLIC OF KOREA No. - - (National Assembly)

KUWAIT Yes. It follows the model of the Civil Service Code with some By the President/Speaker, after consultation Rules govern appointments, promotion, salaries, modifications. with the Bureau. sanctions and the length of employment.

NAMIBIA There is a Code for the staff of the public administration, The Department of Public Administration, All areas. Disciplinary measures of varying severity (National Assembly) introduced by the law on public administration of 1995, supervised by the Committee on Public are provided for, culminating in dismissal. integrated with Regulation no.211 of 1995 on public Administration, after the approval of the

Country/Assembly Existence of a Code Source/origins Areas covered administration. This Code is currently in the process of revision. Prime Minister.

NEPAL The code is contained in a bill in the process of being approved. - -

NETHERLANDS No. - - (Second Chamber of the States General)

NEW ZEALAND No. — —

NORWAY No. New staff follow a 1-day induction programme on — — behaviour, overseen by the Presidium and the SG.

PHILIPPINES (Hse of Reps) Yes: the Code of Conduct and Ethical Standards for public Enacted by Congress and approved by the All the rights, duties and responsibilities of public officials and employees. President of the Philippines (1989). employees. The Code also lays down the disciplinary rules which are applicable for breaches of the Code.

POLAND (Sejm) No. - -

POLAND (Senate) No. -

PORTUGAL Under preparation. The Charter has been approved by a The basic values to be followed, such as: legality, There is a behavioural Charter for public employment which is resolution of the Government and is neutrality, responsibility, integrity, pursuit of the applicable to parliamentary officials. There is also a disciplinary applicable equally to parliamentary officials public interest etc. Statute. under a provision in the LOAR. Duties with respect to: 1) citizens (equality, impartiality, competence, courtesy), 2) government (reserve, discretion, solidarity, commitment), 3) sovereign bodies (commitment, loyalty, etc).

ROMANIA (Ch. of Deps) No. — —

ROMANIA (Senate) The draft Regulation on parliamentary officials is in the process - - of being drafted.

RUSSIA (Federation of) No. - -

SLOVENIA No. — —

Country/Assembly Existence of a Code Source/origins Areas covered SPAIN (Senate) No, however the majority of responsibilities and - Defined as obligations in Chapter VI of the Staff incompatibilities are contained in the Regulations on the staff of Regulations: the Cortes. - respect for the Constitution and the legislative body; - political impartiality; - obedience to orders; - incompatibility with other economic and political activities.

SWEDEN There is no code. The laws relating to government, and collective — — agreements, are applicable.

SWITZERLAND No, although there are guidelines inspired by regulations in force These concepts have been adopted by the - Neutrality; (Federal Assembly) in the Administration. Management of Parliamentary Services. - Confidentiality.

TANZANIA No. - - (National Assembly)

UNITED KINGDOM The Staff Handbook and the Management Code have sections By the Board of Management, comprising the Political activity. (House of Commons) governing the behaviour of parliamentary staff. heads of services and by the House of Disclosure of, or publications on, official matters. Commons Commission, chaired by the Management of private financial matters. Speaker, after consultation with recognised Acceptance of gifts. unions. Private telephone calls, etc.

UNITED KINGDOM Yes. It comprises part of the Staff Handbook of the House of By the Personnel Department, in the name of Numerous, including: (House of Lords) Lords, supplemented in some cases by the Civil Service the SG/Clerk, after consultation with the outside employment, political activity, disclosure of Management Code. Unions. confidential information, writing on issues before The Staff Handbook also contains a disciplinary code. The Management Code is issued by the their discussion in parliament, acceptance of gifts, The conditions of work for government officials, House of Government. private telephone calls, dress, etc. Commons officials, and House of Lords officials are similar.

URUGUAY The Code is included in the Law on Senate Staff. By the Senate. Proper discharge of duties. It is based on the basic principles laid down by the Constitution and in part on the statutes of other state bodies.

ZAMBIA Yes. It follows the model of the General Orders of the Civil By the Office of the Speaker, via the Clerk's - absenteeism Service. Office. - indiscipline - poor performance - theft - improper dress - etc.

SECTION C: GENERAL DEFINITION OF THE NATURE, AIMS AND CONTENT OF A CODE OF CONDUCT FOR PARLIAMENTARY STAFF

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application

ARGENTINA The existing Statute is the most The Statute was adopted taking Yes, applicable by the relevant A code of ethics should include All personnel. (Senate) appropriate instrument. into account the demands of services, in the event of breach of general principles as well as It would be useful for the ASGP to staff, through the representative the provisions of the Statute. specific rules. It is appropriate adopt a single code. unions. The decision is subject to to adopt a single body of rules administrative review or to covering all conduct of appeal. parliamentary staff, both from the ethical point of view and from the individual, administrative etc. angles.

AUSTRALIA The Code is only one of the - They are not contained in the Only general principles. Specific To all staff. It is not realistic to (House of Reps. and measures to adopt in order to Code, but in the law on the rules are contained in the law on think of a single code for all the Senate) achieve a respect for certain public service, which includes in public service. parliamentary assemblies of the standards. particular: ASGP. The Codes for Ministers, parliamentarians, and state officials - suggestions; should however be complementary. - warnings; - deductions in pay; - transfer; - dismissal.

AUSTRIA — — — — —

BELGIUM — — Laid down by the Statute on — — (Chamber of Reps) Personnel. Internal appeals are provided for, to bodies of the chamber; external appeal is possible to civil tribunals, which are competent to consider conflicts between civil and political rights. These courts provide for appeals in respect of loss and damage but are not competent to annul acts.

BELGIUM Hitherto, the organic Rules — — — —

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application (Senate) suffice, even if it would be possible in the future to make improvements.

BRAZIL Ethical behaviour is a "personal A political will is necessary to Yes. By the Ethics Commission - professional activities external All House staff. (Senate) philosophy of life" which it can conform to directives suggested with the possibility of appeal to to the House; A single code applicable to all be difficult to impose by decree. by an Ethics Commission, so as the directing Committee of the - conflicts of interest; Assemblies within the ASGP would To be effective, a code of to avoid different measures being House. - incompatibility; not be realistic. conduct must be preceded by the adopted in comparable - behaviour outside work; application of marketing situations. - professional confidentiality; concepts. - conduct at work; - probity, rectitude, loyalty, and justice in administrative decisions.

BURKINA FASO Other means might be more By a resolution of the Assembly. Yes, disciplinary sanctions - relations with Members; Applicable to all officials to effective, such as a Statute on whose application would be in - dealings outside Parliament; differing degrees according to level Personnel. the hands of an administrative - conflicts of interest; of responsibility and level of tribunal of Parliament. - professional confidentiality sanctions; there might be a common and discretion; basis to codes of behaviour for - conduct at work. members, ministers, government officials, and parliamentary officials.

CANADA The policy adopted by the Always after consultation with No. These can, however, be set - relations with Members; To all officials. (Hse of Human Resources Directorate, staff. according to the individual case - conflicts of interest; A single code for all ASGP Commons) after consultation with managers by the line manager. - conduct outside and at work; Parliaments could be a model for unions and legal services, has It is always possible to bring a - loyalty; other codes. shown itself to be effective. complaint before the Public - professional confidentiality. Whatever else is the case, a code of Service Staff Relations Board. conduct (for ministers, government officials, members etc) would be useful to avoid all conflicts between public duties and private interests.

CANADA Yes. It is necessary that staff accept Yes. By the Senate or All those listed in the To all officials. (Senate) the code as a condition of work. management. questionnaire (see question C5). It would seem to be impossible to In the latter case only it is prepare a single code of conduct possible to appeal before an applicable to all Member administrative tribunal. Assemblies of the ASGP.

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application CHILE Yes, it is is the most appropriate — Yes, notably censure, fines and General principles as well as It would be useful to establish a (Senate) instrument for ensuring the dismissal. specific matters, as contained in single code of conduct for all correct working of personnel. the questionnaire (see question Member Parliaments of the ASGP. C5). In particular: - relations with Members; - conflicts of interest; - conduct at work; - professional secrecy.

COLOMBIA The single disciplinary Code is - Sanctions are applied according - Conflicts of interest; To all staff. It is difficult to frame a (House of Reps.) the fruit of experience in the to the seriousness of the facts of - incompatibilities in the holding single code for all parliamentary institutions of the State in the case. In particular, of posts; assemblies of the ASGP. relation to disciplinary matters. - behaviour during official time. - written warning; - a fine of up to 90 days salary; - suspension of duties; - suspension - rescission of contract of employment; - dismissal; - etc.

CONGO Yes, thanks to the adoption of By staff themselves in agreement Yes, by an administrative All the matters listed in the To all personnel. (Nat. Assembly) rules of conduct. with the management. tribunal. Appeal is possible to questionnaire (see question C5) Adoption of a single code for all an internal administrative body including sanctions and ways of Member Parliaments to the ASGP of the Parliament or the Bureau. avoiding conflicts of interest would be useful, so long as it took with public functions. account of the specific circumstances in each legislative assembly.

CONGO (Senate) Yes, a code of conduct is the By parliament, after adoption by Yes, by an administrative - relations with Members; To all personnel. most effective instrument. staff. tribunal. Notably: - incompatibility; The preparation of a single code of - warning; - freedom of association and conduct would not be useful. - censure; freedom to join political Nevertheless, certain general - censure recorded in the parties; principles could be agreed. employee's records; - professional secrecy and duty - temporary suspension; of discretion; - dismissal. - conduct at work.

COUNCIL OF The Statute for Public Servants - - - -

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application EUROPE has shown itself to be effective. (Parl. Assembly)

CROATIA Existing instruments are already — — Most aspects appropriate to a To all personnel. satisfactory. code of conduct are contained in There should be elements in the Rules of Parliament. Other common only with the code for aspects can be found in public other public officials. employment law. The adoption of a single code for all Members of the ASGP would not be possible because of the different political systems and parliamentary structures.

CZECH REPUBLIC — — — — —

DENMARK It would not seem possible or — — — — practical to establish a code of conduct with legally independent significance for all parliamentary officials.

EGYPT — — Yes, in the Staff Rules which lay — To all personnel. down different sanctions General guiding principles could be according to the events, from studied for all ASGP parliaments warning to dismissal. rather than a single code. An official, following a decision by a disciplinary council, can petition the President/Speaker.

ESTONIA Existing instruments are By the SG. No. A code of conduct can only - links with Members; To all staff. satisfactory. lay down principles. Sanctions - professional outside activity; A code could be prepared which must be laid down by the law. - freedom of association; would serve as an example for all - discretion; Parliaments which did not possess - conduct at work. one but it would not be realistic to attempt to apply the same code to all member parliaments of the ASGP.

FINLAND — — — — —

FRANCE (National The behaviour of officials is By the authorities of the They are already provided for in They must include general To all staff, but with more or less

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application Assembly) effectively regulated by their Assemblée, after having been the internal regulations. principles of behaviour. In strictness according to the degree of regulations. drafted by representatives of the particular: responsibility. It seems difficult to administration and staff. define a code of practice common to The internal regulations - Relations with all the assemblies of the ASGP. determine their obligations and parliamentarians; provide for sanctions. - conflicts of interest; - behaviour in the workplace; In these circumstances a code of - behaviour outside work. practice would need only to determine principles of conduct.

FRANCE It has not hitherto appeared In theory, if the code contained Yes, if the code is a normative Relations with Members. To all personnel. (Senate) necessary to adopt a code of only recommendations, it could one. In the Senate, application Behaviour at work. It is possible that all member conduct. Regulation of the be adopted by the staff of lesser sanctions rests with the A code of conduct should lay parliaments might adopt several behaviour of officials is achieved themselves. administrative authorities and for down general principles. rules in common, but not a single by the specific inclusion of a However, if the code was to be a the more severe penalties with code. number of duties in the Staff normative of one, and to lay parliamentary authorities on a A possible code for parliamentary Rules and the existence of a down sanctions, adoption should proposal from management. officials would contain provisions number of unwritten rules of be by the Bureau after common to a code for government behaviour. consultation with staff officials but it should in all representatives. circumstances be a separate code.

FYR of It is the most appropriate By the staff. — All those listed in the The idea of a single code for all MACEDONIA instrument insofar as it is questionnaire (see question C5). member parliaments of the ASGP is capable of bringing together the interesting, on condition that different provisions contained in account is taken of specific different laws. differences.

GERMANY The reglementation of certain By the President/Speaker of the No. The setting down of - relations with elected All personnel. (Bundesrat) fundamental principles could be Bundesrat assisted as necessary sanctions is a matter for the Members; Adoption of a single code for all more effective than a complex by the Standing Consultative legislators. - outside professional ASGP parliaments would not be code of conduct. Council. activities; useful. - incompatibilities; - discretion.

GERMANY Besides the norms in section A, a The Ministry of the Interior is in The failings of public officials in All those principles found at To all personnel. A single code of (Bundestag) code of practice for the process of producing a draft the accomplishment of the duties question C.5. practice for all legislative parliamentary staff could still code of practice to prevent of office are punished according assemblies within the ASGP might further define and underline corruption. It would be to the terms of the law on Public at most contain fundamental duties which were to be obligatory for the whole public Administration with regards to principles and guidelines for their

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application observed. administration, including the salaried employees, there are application in national law. parliamentary administration. applicable measures provided for in employment law (warning, This code could be adopted by transfer, dismissals). The the federal government. measures are applied by the Administration or by independent tribunals, with the possibility of appeal.

GREECE It is more appropriate to have By the President/Speaker and Yes, by officials at the highest All those matters listed in the — recourse to other instruments, parliamentary officials. level with the possibility of questionnaire (see question C5). such as the code for government appeal to a disciplinary council officials, in respect of of Parliament, which would disciplinary measures, or to the comprise above all employees, constitution, in respect of and beyond that to ordinary matters dealing with respect and courts. behaviour.

HUNGARY — — — — —

INDIA The code of conduct for Union By the staff. Yes, by the President/Speaker All the points listed in the To all personnel. (Rajya Sabha) government officials which is and the SG, under delegated questionnaire (see question C5). It would be possible to apply a applicable also to parliamentary power from the Speaker, except It should in all cases provide for single code of conduct to all staff is satisfactory. It contains for officials in Class I. In both general principles as well as assemblies which are members of both general and specific rules. cases, appeals may be heard specific points. the ASGP. before by the President/Speaker. It is also possible to question the decision of the SG and of the President/Speaker before a civil tribunal or the high court.

IRELAND — — — The Finance Ministry has issued — Circulars setting out the relationships between state officials and politicians, between officials and outside activity as well as their duties of discretion.

ISRAEL — — — — —

JAPAN Consideration is being given to - - - -

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application (House of the possibility of introducing a Representatives and code of practice for House of parliamentary staff. Councillors)

REPUBLIC OF At present the law on public By the staff themselves. Yes, with the possibility of Specific rules of conduct To all staff. A Code of Practice for KOREA (National employees is adequate. appeal to an administrative body concerning: all parliaments of the ASGP would Assembly) of the Parliament. be very useful. - relations with members of parliament; - conflicts of interest; - freedom of association; - professional secrecy; - confidentiality; - etc.

KUWAIT The most appropriate By the President/Speaker on a Yes, by the President/Speaker All those listed in the To all personnel. instrument for regulating the proposal presented by the SG for all higher posts, by the SG questionnaire (see question 5) as While on the one hand, it would be behaviour of parliamentary and which has been considered for other posts with the well as: difficult to lay down a single code officials is the independence of within the Bureau. possibility of presenting an - relationships between for all member parliaments of the the Assembly. appeal before the SG, the employees; ASGP, on the other it would President/Speaker, or the - efficiency and meticulousness; - nevertheless be possible to lay Administrative Department in promotions. down some general principles in the civil court. common.

NAMIBIA Yes, because it has resulted in a Parliament would have to adopt It must include positive It must include general principles - (National Assembly) precise definition of the rights the Code after debate. guidelines as well as sanctions. as well as details. and responsibilities of staff.

NEPAL - By Parliament. - - Respect and diligence; - impartiality; - loyalty; - cooperation; - forbidden to belong to any illegal association; - forbidden to belong to political organisations; - confidentiality; - forbidden to use improperly any influence resulting from

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application post held.

NETHERLANDS At present the arrangements for - - - To all staff. (Second Chamber of civil servants are sufficient. the States General)

NEW ZEALAND — — — — —

NORWAY The non-written introductory — — — — code (see section B) is useful so long as it receives support from the administration. A general code of conduct does not seem to be necessary.

PHILIPPINES Yes, as well as the laws, norms Participation of staff as well as Yes, by the disciplinary board All those listed in the To all personnel. (Hse of Reps) and rules promulgated by the of all those responsible for staff comprising administrators and 2 questionnaire (see question C5). The adoption of a single code for all bodies responsible for the management is necessary. Members. Their decision is final The code should set out precise member parliaments of the ASGP management of staff. in cases of suspension from rules. would not seem useful. The various service for up to 30 days or codes mentioned at the Bucharest penalties equivalent to 30 days Conference could serve as a guide salary. In the most serious for other Parliaments. cases, it is possible to appeal before the public service commission.

POLAND (Sejm) - - - - -

POLAND (Senate) The Polish system regulates this By multilateral relations amongst Sanctions would have to be Specific rules of behaviour, in To all staff. A single code for all matter by legal measures; a code the concerned parties, with their nominal. The body responsible particular: legislative assemblies of the ASGP of practice seems, in any case, to agreement. for the application of sanctions would be useful. be a very appropriate would have to be composed of - relations with parliamentarians; instrument. staff representatives, the - behaviour both at work and employer and parliamentarians. outside work; - confidentiality; - outside activities; - conflict of interests.

PORTUGAL Yes, if it is associated with a By the unions, staff associations No. Only in the case of dismissal - relationships with Members; To all staff. rigorous disciplinary statute and and their representatives. should these be contained in the - outside activity; Because of the specific a legal definition of the rights and disciplinary statute which is a - conflict of interests; circumstances in each country, the

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application duties of staff. matter for the SG or the - incompatibilities; creation of a single code for all President/Speaker. Appeal to - outside behaviour; member parliaments of the ASGP is the Supreme Administrative - freedom of association and not considered realistic. Court is permitted in any case membership of political where the decision would be of parties; permanent effect. - professional secrecy and Appeal to the President/Speaker discretion; is possible in cases where the - conduct at work. sanction comes within the competence of the Secretary General.

ROMANIA Yes, it would be the most By the Chamber following the Yes. Disciplinary sanctions It should contain specific rules To all staff. (Ch. of Deps) appropriate instrument. It requirements of the legislative would be laid down by a special corresponding more or less to The adoption of an outline code should lay down specific procedure. commission composed of staff. those matters in the containing general principles and provisions. Appeal would be possible to a questionnaire (see question C5), recommendations which could be civil tribunal. notably in respect of behaviour adapted to the specifics of each at work. country would be practical and useful.

ROMANIA (Senate) Yes, underlining the independent By Parliament, through a Administrative sanctions, from a General principles as well as The Code would have to be character of parliamentary staff decision involving general simple official warning to detailed rules, especially all those applicable to all staff, making a in relation to all political groups. participation by all salaried dismissal. Sanctions could be the principles found at question C5, distinction between different grades. employees. subject of appeal before: as well as certain immunities to A single code for all the ensure dignity and independence. parliaments of the ASGP would be - the permanent Bureau of the very useful, provided it contain relevant chamber; guiding principles and - an internal administrative recommendations. Other codes for authority of the Parliament ministers, parliamentarians etc. whose structure includes would be of such a kind as to ensure representatives of managerial and the normal functioning of the State staff bodies; with regard to the separation of - a legal authority (an powers. administrative tribunal).

RUSSIA (Federation Employees of the Council of the By the parliamentary staff. Yes, provided there is no clash General principles as well as It would be useful to have a single of) Federation are state officials, with statutes in force. The specific. In particular: code for all parliaments of the whose rights and responsibilities official can take his case to a civil ASGP, containing only general are defined in federal legislation tribunal. - relations with Parliament; principles and corresponding to on the public service. The idea - freedom of association; other codes for ministers,

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application of a code of practice for - professional secrecy and parliamentarians etc. parliamentary staff is interesting. confidentiality; - behaviour at work; - etc.

SLOVENIA Yes, for certain matters, although By the staff themselves. Yes, in particular warnings and - relationships with Members; To all personnel. for others the law is more moral sanctions. - conflicts of interest; It would be beneficial to fix at least appropriate. - secondments to the Executive; general guidelines for a single code - behaviour at work and for member parliaments of the outside. ASGP.

SPAIN (Senate) Depends on the legal system and - Disciplinary sanctions such as All those aspects cited in To all staff, but with greater tradition of each country. Where suspension from work, question C5. strictness for officials of a higher professional obligations are redeployment to other duties, grade or having important clearly defined as law, the Code dismissal. This last sanction is responsibilities. It would be useful is unnecessary. decided by the Bureaus of the to provide general principles for all two chambers. The other parliaments of the ASGP. sanctions by the SG with the possibility of appeal to the Bureau.

SWEDEN The instruments which already By the staff themselves. No. Only the principles. A code of conduct should lay To all staff. exist are sufficient (see section down the general principles, A single code for all member B1). At the same time, certain dealing particularly with: parliaments of the ASGP would not particular matters of a - links with Members; be realistic. parliamentary nature could be - free-lance professional It would be appropriate for codes regulated separately. activities; of conduct for constitutional bodies - conflicts of interest; to correspond to each other. - incompatibilities.

SWITZERLAND The guidelines are an adequate By the Management of the - - Neutrality of officials; - (Federal Assembly) means to develop a corporate Parliamentary Services. - confidentiality; identity. - cooperation at all levels; - sense of duty; - initiative, etc.;

TANZANIA - - - - - (National Assembly)

UNITED It is necessary to lay down By all staff or their unions. Yes, but not too detailed. All those matters listed in the To all staff. KINGDOM clearly rules of behaviour, The application of sanctions questionnaire (see question C5). A single code for all member

Country/ Appropriateness/ Assembly Effectiveness Method of adoption Sanctions Content Scope of application (Hse of Commons) without it being necessary to rests with the departments of the parliaments of the ASGP is not establish a code. House administration. It is desirable. Codes of conduct for possible to appeal to the head of Ministers and for Members are not department, a civil service appeal applicable to parliamentary board or an industrial tribunal. officials, though there could be some similarity between such a code and a code for government officials.

UNITED Yes. It should lay down clear By staff and their unions. A Yes, but these should not be All those matters listed in the To all personnel, with specific rules KINGDOM rules of behaviour and be parliamentary official accepts the such as to restrict the choice to questionnaire (see question C5). for the higher levels. (Hse of Lords) sufficiently flexible to be conditions on recruitment. have recourse to disciplinary A single code for all ASGP member amended according to powers(?). parliaments does not seem realistic. circumstances. The responsibility belongs to the A code of conduct for It is equally necessary for it to personnel office, with the parliamentary officials, while contain general principles as possibility of appeal to the remaining distinct, would certainly specific matters. SG/Clerk, a civil service appeal resemble a code for government board or an industrial tribunal. officials.

URUGUAY Yes. The statute, by virtue of its By the Senate, but with an Yes, by the SG or the Particularly: The code should contain provisions legal force and its permanence opportunity for employees to be President/Speaker according to - links with Members; governing all staff activity. constitutes a guarantee for staff heard during preparation of the the seriousness of the penalty. - conflicts of interest; A single code for all ASGP member and management. text. In the former case, an appeal is - incompatibilities; parliaments would not be possible, possible before the - secondments to the Executive; although it is true that principles President/Speaker or the Senate, - discretion; such as honesty, transparency, in the latter case, appeal is - behaviour at work. openness, etc. are common to all. possible before the Senate. In all cases, a final appeal is possible before the administrative disputes tribunal.

ZAMBIA Yes, it is the most appropriate By an independent body after Yes, by the SG on advice from All those listed in the To all staff. instrument. listening to parliamentary staff. the heads of services. Appeal is questionnaire (see question C5). It would not be possible to lay possible to a Committee down a single code for all member composed of the Heads of parliaments of the ASGP. Services.