Overseas Parliamentary News

June 2020

A summary of news from overseas parliaments

Australia

No increase in members’ remuneration

When making its annual determination for members’ remuneration, the Remuneration Tribunal must take into account economic conditions in Australia and past and projected movements in remuneration in the public and private sectors, as well as the outcomes of reviews of public offices completed by the Tribunal. In the context of the current broader jobs market and the economy, the Tribunal decided not to determine any increase in remuneration from 1 July 2020 for offices in its jurisdiction. It said it was conscious of ensuring that relativities within the group of offices for which it determines remuneration remain consistent. Hence it maintained the view that the pay of parliamentarians should increase relative to that of the pay of other public office holders, and thus the decision to determine no annual adjustment for the office holders in the Tribunal’s jurisdiction generally would also apply to parliamentarians.

Determination: Remuneration Tribunal, Remuneration Tribunal (Members of Parliament) Determination 2020, 16 June 2020 https://www.remtribunal.gov.au/offices/parliamentary-offices Statements: Remuneration Tribunal, 2020 review of remuneration for holders of public office: statement, 11 June 2020 https://www.remtribunal.gov.au/offices/parliamentary-offices; Remuneration Tribunal, Remuneration Tribunal (Members of Parliament) Determination 2020: reasons for determination, 11 June 2020 https://www.remtribunal.gov.au/offices/parliamentary-offices

Code of practice for Parliament House electronic access control system data

Since 2018 an electronic access control system, designed to control access to Parliament House, has been progressively installed in the House of Representatives. As well as enabling lockdown facilities in an emergency and an enhanced system of identity verification, it can also be used to investigate or respond to a security or emergency incident or breaches of the private area access policy. The Speaker advised the House that agreement had been reached on a code of practice to provide the framework for managing system data over which there may be claims of privilege. The code of practice applies to all parliamentary department employees, contractors, Australian Federal Police and building occupants who manage, operate or use the system, including viewing, storing, accessing, releasing or disposing of data.

Hansard: Parliament House: electronic access control system, House of Representatives Hansard, 18 June 2020 https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansardr/24549989- 01f5-415c-a1bd-f42ae79b29e7/&sid=0000

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MPs may use office expenses for regional radio services

As a further response to the impact of COVID-19 on regional print media services, MPs who represent rural or provincial electorates, as determined by the Australian Electoral Commission, may now use their annual office expenses budget to produce or place content for broadcast on regional community and open narrowcast radio services in order to communicate with their constituents. Open narrowcast services are broadcast radio services whose reception is limited in some way, such as by location or specific events. Since last month MPs representing rural or provincial electorates have been able to use their office expenses budget for regional commercial radio broadcasting services.

Circular: Use of office expenses for regional community and open narrowcast radio services, 26 June 2020 https://maps.finance.gov.au/circulars/use-office-expenses-regional-community-and-open-narrowcast-radio- services

Canada

House of Commons not notified of member’s arrest

If a member of the House of Commons is arrested on a criminal charge or is committed for a contempt of court, the House should be notified by the authorities if it is in session. After a member’s arrest in April on charges of assault, breaking and entering, and criminal harassment only became generally known in June, the police said that they had not publicised the arrest because they did not consider that the MP posed a significant risk to the public. Prime Minister Justin Trudeau commented that the rule that the Speaker should be officially notified in the case of an MP’s arrest had not been followed or applied much over past years, and that perhaps it was something that could be looked into.

Media article: Commons rule on MP arrests not followed, Trudeau says over charges against MP, Ottawa Citizen, 19 June 2020 https://ottawacitizen.com/pmn/news-pmn/canada-news-pmn/commons-rule-on-mp-arrests-not- followed-trudeau-says-over-charges-against-mp/wcm/a2c52e15-c35a-4879-af25-2714ccc4dfa5/

Senator failed to cooperate with code of conduct investigation

The Senate Ethics Officer found that a senator had breached the ban on gifts in the Ethics and Conflict of Interest Code for Senators by accepting payment for a trip that had an official as well as personal purpose. He also said that in his view the senator’s conduct in deliberately withholding information from his inquiry was of a type that did not, as required by the Code, uphold the highest standards of dignity inherent to the position of senator, and would undermine public confidence in the office of senator and the Senate as a whole. The Standing Committee on Ethics and Conflict of Interest for Senators considered that any attempt to mislead the work of the Ethics Officer or the Committee should be regarded as an aggravating factor in the consideration of recommended sanctions. It recommended that the Senate should censure the senator, thereby agreeing with the Committee’s view that the senator’s conduct fell short of what was expected. The censure would also serve as a reminder of the importance of abiding by the Code.

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Reports: Senate Standing Committee on Ethics and Conflict of Interest for Senators, Second report, 18 June 2020 https://sencanada.ca/en/committees/report/84615/43-1; Senate Standing Committee on Ethics and Conflict of Interest for Senators, Consideration of an inquiry report from the Senate Ethics Officer, June 2020 https://sencanada.ca/content/sen/committee/431/CONF/Reports/CONF_SecondReport_e.pdf

Recommendation for senator’s suspension to be lifted

A senator who posted letters containing racist content on her Senate-administered website was suspended by the Senate in 2019 for the remainder of that Parliament and required to comply with certain remedial measures. These included apologising to the Senate, attending approved educational programmes and being briefed by the Clerk of the Senate on her role and responsibilities as a senator. Following the general election, the Senate renewed the senator’s suspension in February 2020 and required her to write a further apology to the Senate and to complete an educational programme on racism in relation to Indigenous peoples. The Standing Committee on Ethics and Conflict of Interest for Senators has now recommended that the Senate should rescind the senator’s suspension. The Committee believes that the senator engaged in the required educational process, and was willing to learn and learnt, and it is satisfied that her second letter of apology meets the spirit and intention of the recommendation.

Reports: Senate Standing Committee on Ethics and Conflict of Interest for Senators, Third report, 22 June 2020 https://sencanada.ca/en/committees/report/84616/43-1; Senate Standing Committee on Ethics and Conflict of Interest for Senators, Developments and actions in relation to the committee’s fifth report from the 42nd Parliament regarding Senator Beyak, June 2020 https://sencanada.ca/content/sen/committee/431/CONF/Reports/CONF_ThirdReport_e.pdf; Report of the Senate Ethics Officer concerning Senator Beyak’s training on racism in relation to Indigenous peoples, 9 June 2020 https://sencanada.ca/content/sen/committee/431/CONF/reports/CONF_ThirdReport_Appendix_e.pdf

Formal apology to staff harassed by senator

The Chair of the Standing Committee on Internal Economy, Budgets and Administration issued a formal statement of regret in the Senate to staff of a former senator who had been found by the Senate Ethics Officer in 2019 to have harassed or sexually harassed a number of his employees. The Committee Chair acknowledged that the process to address these matters had taken too long. The incidents took place prior to 2016, but after the senator’s resignation in 2017 the inquiry into the complaints was suspended in accordance with the Ethics and Conflict of Interest Code for Senators. The Standing Committee, as provided for in the Code, decided that the inquiry should be resumed, but it was then further delayed at the request of the police while the former senator was investigated for a possible criminal offence. An independent expert evaluator will be engaged to determine, where appropriate, a financial award for employees affected by the former senator’s misconduct.

Hansard: Statement of regret regarding the experiences of employees of former senator Don Meredith, Debates of the Senate (Hansard), 25 June 2020 https://sencanada.ca/en/content/sen/chamber/431/debates/027db_2020- 06-25-e Press release: Senate committee to issue statement of regret regarding the experience of employees of former senator Meredith, 25 June 2020 https://sencanada.ca/en/newsroom/ciba-senate-committee-to-issue-statement-of-regret- regarding-the-experiences-of-employees-of-former-senator-meredith/ Media article: Senate regrets, will explore compensation, for employees harassed by ex-senator Don Meredith, Ottawa Citizen, 25 June 2020 https://ottawacitizen.com/pmn/news-pmn/canada-news-pmn/senate-to-apologize- explore-compensation-for-employees-harassed-by-ex-senator/wcm/e9522a6d-f052-415a-bf31-77d4ad0faf8b/

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Finland

Parliament declined State Prosecutor’s request to waive member’s immunity

After a member made a reference to invasive alien species when speaking in Parliament about asylum seekers and their religious convictions, the State Prosecutor asked Parliament to waive the member’s immunity so that he could be charged with ethnic agitation. Parliament is able to waive a member’s immunity if there is a five sixths majority in favour of doing so. The Constitutional Law Committee recommended that the member’s immunity should be waived. It said that although members’ right to express themselves should be very extensive, it is not unlimited. Parliamentary immunity is not intended to provide a shield for criminal activity, nor should members exploit their immunity in their parliamentary work to violate the Constitution’s guarantees of human dignity and equality for all. The committee noted that in waiving immunity, Parliament would not be making any statement as to the member’s guilt. Parliament voted to decline the State Prosecutor’s request, with 121 members in favour of a waiver and 54 against.

Report: Grundlagsutskottet, Riksåklagarens begäran om tillstånd att åtala en riksdagsledamot, 17 June 2020 https://www.eduskunta.fi/SV/vaski/Mietinto/Sidor/GrUB_21+2020.aspx Media articles: Constitutional Law Committee gives backing for charging Finns Party’s Mäenpää, Helsinki Times, 18 June 2020 https://www.helsinkitimes.fi/finland/finland-news/politics/17783-constitutional-law-committee-gives- backing-for-charging-finns-party-s-maeenpaeae.html; Finnish MPs deny request to indict Finns Party’s Mäenpää, Helsinki Times, 29 June 2020 https://www.helsinkitimes.fi/finland/finland-news/politics/17809-finnish-mps-deny- request-to-indict-finns-party-s-maeenpaeae.html

Conduct of parliamentary business during a pandemic

Proposed temporary amendments to Parliament’s rules of procedure would enable Parliament, if necessary to ensure its functioning during a severe pandemic, to decide to use remote voting and to allow committees to meet remotely. Such a decision would be made on the basis of a proposal from the Speaker’s Council and after consultation with the Constitutional Law Committee, and could apply for a maximum of three months. The Speaker would announce in good time if a vote were to be held remotely and decide the start and finish times. If there were problems with a vote, or the Speaker considered the result to be unreliable, the Speaker could decide to call a new vote. Committee chairs would decide if their committee would meet remotely. Everyone with the right to participate and attend must be able to do so securely, and committee confidentiality must be respected. The proposed amendments would remain in force until 30 June 2021.

Report: Talmanskonferensens förslag till temporär ändring av riksdagens arbetsordning, 22 June 2020 https://www.eduskunta.fi/SV/vaski/Lakialoite/Documents/TKF_3+2020.pdf

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France

Member’s parliamentary assistant paid for work she did not perform

François Fillon, his wife, Penelope, and Marc Joulard, Fillon’s substitute in the National Assembly while he was a minister, were found guilty of embezzling public funds over Penelope Fillon’s employment as a parliamentary assistant by her husband and Joulard between 1998 and 2013. The court found that while Penelope Fillon had been paid the maximum amount for a parliamentary assistant, she had never performed work that justified the salary she received. It said that François Fillon had put his own interest before that of the public for the purpose of personal gain. François Fillon was sentenced to five years in prison, three of them suspended, and barred from holding public office for ten years. His wife and Joulard each received a three-year suspended sentence and were barred from holding public office for two years and five years respectively. The Fillons were fined €375,000 each, and Joulard received a suspended fine of €20,000. They were also ordered to pay the National Assembly over €1,000,000.

Media articles: François Fillon found guilty of embezzling public funds, The Guardian, 29 June 2020 https://www.theguardian.com/world/2020/jun/29/francois-fillon-found-guilty-of-embezzling-public-funds; Emplois fictifs : François Fillon jugé coupable et condamné à cinq ans de prison, dont deux ferme, Le Monde, 29 June 2020 https://www.lemonde.fr/societe/article/2020/06/29/emplois-fictifs-francois-fillon-juge-coupable-et- condamne-a-cinq-ans-de-prison-dont-deux-fermes_6044577_3224.html; “Rien n’aurait pu justifier la rémunération perçue” : pourquoi le tribunal a lourdement condamné François Fillon pour les emplois fictifs de sa femme, Franceinfo, 29 June 2020 https://www.francetvinfo.fr/politique/francois-fillon/affaires-fillon/rien-n-aurait-pu-justifier-la- remuneration-percue-pourquoi-le-tribunal-a-lourdement-condamne-francois-fillon-pour-les-emplois-fictifs-de- sa-femme_4027541.html

Ireland

Senate membership must be complete before first meeting can be held

Seanad Éireann, the upper house of the Oireachtas, comprises 49 elected members and 11 members nominated by the Taoiseach who is appointed when the Dáil reassembles after a dissolution. Lengthy coalition negotiations following the general election in February meant that the Dáil did not appoint a new Taoiseach until 25 June. The Seanad elections were held on 30 March, but the caretaker Taoiseach said that he was not in a position to set a date for the first meeting of the new Seanad in the absence of the 11 nominated members, whom he could not appoint. A number of elected senators challenged this view, saying that the Seanad could meet and legislate with just the 49 elected senators. The High Court ruled that the Seanad must comprise 60 members, and that the first meeting of a new Seanad may only lawfully take place when all 60 members, elected and nominated, are in place. Glossary: Seanad Éireann – Senate; Oireachtas – Parliament; Taoiseach – Prime Minister; Dáil Éireann – House of Representatives

Judgment: High Court, Senator Ivana Bacik & ors v An Taoiseach & ors, 29 June 2020 https://beta.courts.ie/acc/alfresco/86a6c53f-f317-48aa-a62a-029b6dc700d9/2020_IEHC_313.pdf/pdf

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New South Wales

Members must disclose water interests

Members are required by the Constitution (Disclosures by Members) Regulation 1983 to disclose a range of pecuniary interests, including real property, sources of income, and interests and positions in corporations. A bill to amend the Regulation would require members also to disclose their interests in water access licences, share components of water access licences and contractual rights to receive water from irrigation corporations. They would also be required publicly to lodge returns disclosing water trading activity within 14 days of becoming a party to the activity. The Clerks of the Legislative Assembly and the Legislative Council would make provision for the compilation and maintenance of registers of water trading returns.

Bill: Constitutional Amendment (Water Accountability and Transparency) Bill 2020, 3 June 2020 https://www.legislation.nsw.gov.au/bills/7de6bcf9-a469-4854-9120-cead114512db Media article: New law to force NSW MPs to declare water ownership, The Sydney Morning Herald, 4 June 2020 https://www.smh.com.au/politics/nsw/new-law-to-force-nsw-mps-to-declare-water-ownership-20200602- p54ytm.html

Process for accepting e-petitions

Last year the Legislative Assembly’s Standing Orders and Procedure Committee recommended the adoption of a process to permit the Assembly to receive electronic petitions. Now that the necessary information technology infrastructure is in place, the Committee has recommended the adoption of sessional orders relating to electronic petitions. These include a requirement that the petitions be in English, contain a request of no more than 250 words, be supported by at least five people before they are open to the public for signatures, with the petitioner and all signatories being residents of New South Wales, be open for signatures for a period of one, three or twelve weeks, and be received only as the petition of the parties that sign it. The member lodging a petition must be acquainted with its contents. A petition would be considered presented after it was no longer open for signatures. The Clerk would announce its receipt in the House and its terms would be printed in Hansard and in the Votes and Proceedings.

Report: Legislative Assembly Standing Orders and Procedure Committee, Modernisation and reform of practices and procedures: epetitions sessional orders, 18 June 2020 https://www.parliament.nsw.gov.au/ladocs/inquiries/2545/Report%20- %20Standing%20Orders%20and%20Procedure%20Committee%20-%20ePetitions%20Sessional%20Orders%20- %20June%202020.pdf

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Northern Territory

Speaker resigns after being found to have breached public trust

The Independent Commissioner Against Corruption found that the Speaker had engaged in conduct that constituted a serious breach of public trust by a public officer in connection with public affairs. Contrary to her obligations of impartiality, good faith and equal service to all Legislative Assembly members, the Speaker had intervened in the attempted creation of a political party by some Assembly members. She had also released an untrue statement about her involvement. To undertake these actions she had made use of her position as Speaker and the resources of her office. The Speaker resigned from her position as Speaker, but rejected the notion that she had engaged in corrupt conduct. The Commissioner made a number of recommendations, which included training for members on their obligations under the Members’ Code of Conduct and Ethical Standards, and the establishment of a code of conduct and ethical standards for members’ staff, together with training and education on it for members, their staff and Assembly staff.

Report: Office of the Independent Commissioner Against Corruption, Investigation into the conduct of the Speaker of the Legislative Assembly: investigation report, 22 June 2020 https://icac.nt.gov.au/__data/assets/pdf_file/0012/897582/Investigation-Report-Speaker-of-the-Legislative- Assembly-2020.pdf Media article: NT Speaker Kezia Purick resigns but rejects ICAC finding of corrupt conduct, ABC News, 23 June 2020 https://www.abc.net.au/news/2020-06-23/nt-speaker-kezia-purick-resigns-over-icac-investigation/12383282

Samoa

Journalists may be present in chamber but photography not allowed

Parliament recognises the importance of fair and factual reporting of parliamentary proceedings, said the Office of the Clerk of the Legislative Assembly in response to media comments after journalists were barred from the chamber during a budget session. The rules set out by the Speaker facilitate media access to and reporting of parliamentary debates, the Office said, and ensure that the chamber is maintained and respected as a working environment for members. There is no intention of banning media representatives from entering the chamber. Reporters and journalists are allowed to be present in the media gallery for note-taking only. Photography is strictly prohibited. Camera still photos are made available to the media at the conclusion of every sitting. All media outlets may access Parliament’s live feed through portals provided outside the parliament building, or use the broadcast service on Parliament’s Facebook page. Proceedings are also broadcast live on radio.

Press release: Press statement: Office of the Clerk of the Legislative Assembly (Speaker’s ruling), 19 June 2020 https://www.samoagovt.ws/2020/06/press-statememt-office-of-the-clerk-of-the-legislative-assembly-speakers- ruling/ Media article: No entry: Samoa’s new parliament has no place for the press, The Guardian, 5 June 2020 https://www.theguardian.com/world/2020/jun/05/no-entry-samoas-new-parliament-has-no-place-for-the-press

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Scotland

Investigation of historical sexual harassment by members towards their staff

Complaints about members’ conduct are investigated by the Commissioner for Ethical Standards in Public Life in Scotland according to the procedure set out in the Scottish Parliamentary Standards Commissioner Act 2002. The Standards, Procedures and Public Appointments Committee has sought Parliament’s approval to introduce a committee bill to amend the Act to allow the Commissioner to investigate complaints about historical sexual harassment by members towards their staff. The Code of Conduct for MSPs was revised in January to include members’ conduct in relation to their own staff, previously dealt with under employment law, as well as to parliamentary staff and staff of other members. Under the Act as it stands, however, the Commissioner may only investigate complaints about members’ behaviour towards their own staff which has occurred since the Code was revised. Existing employment law rights and remedies would not be affected by the change.

Report: Standards, Procedures and Public Appointments Committee, Proposal for a committee bill – complaints against MSPs – amendment of the Scottish Parliamentary Standards Commissioner Act 2002, 23 June 2020 https://sp- bpr-en-prod-cdnep.azureedge.net/published/SPPA/2020/6/23/Proposal-for-a-Committee-Bill---Complaints- against-MSPs---amendment-of-the-Scottish-Parliamentary-Standards-Commissioner-Act- 2002/SPPAS052020R07.pdf

Responsibility for determining assistance to parliamentary parties

A bill introduced by the Standards, Procedure and Public Appointments Committee would allow Parliament to make provision by resolution for payments to be made to registered political parties for the purpose of assisting members of Parliament who are connected with the parties to perform their parliamentary duties. Such a resolution might confer functions on the Parliamentary corporation, determine, or make provision for determining, the circumstances in which a member and party are to be regarded as connected, and make different provisions for different purposes. Currently it is the government which is responsible for setting, by Order in Council, the terms of assistance for parliamentary parties. The assistance is administered and funded by the Scottish Parliamentary Corporate Body.

Bill: Scottish Parliament (Assistance for Political Parties) Bill, 24 June 2020 https://beta.parliament.scot/- /media/files/legislation/bills/current-bills/scottish-parliament-assistance-for-political-parties- bill/introduced/scottish-parliament-assistance-for-political-parties-bill-as-introduced.pdf Explanatory note: Scottish Parliament (Assistance for Political Parties) Bill: explanatory notes, 24 June 2020 https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/scottish-parliament-assistance-for- political-parties-bill/introduced/explanatory-notes-scottish-parliament-assistance-for-political-parties-bill.pdf

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Sweden

Remote participation in committee meetings approved

The Riksdag is required by statute to hold its sessions in Stockholm, unless the Riksdag or the Speaker determines otherwise for the liberty or safety of the Riksdag. By extension, this requirement applies also to the Riksdag’s committees. Until now, members have had to attend committee meetings in person, or a substitute could attend in their place. Following a proposal by the Committee on the Constitution, the Riksdag Act has been amended to allow the Riksdag or the Speaker to permit a member to participate in a committee meeting remotely if there is a particular reason for their doing so. The reason must be an exceptional case and under extraordinary circumstances, e.g. a pandemic, a terrorist attack or a natural disaster. A member who is chairing a meeting cannot participate remotely. The Committee considered that members’ physical presence is of great importance in enabling committees to carry out their work, but that in extraordinary times continuity of membership is also important. Glossary: Riksdagen – Parliament

Report: Deltagande på distans vid sammanträden i utskotten och EU-nämnden: Konstitutionsutskottets betänkande 2019/20:KU16, 9 June 2020 https://data.riksdagen.se/fil/5A692FC8-3A0D-4BE4-82E4-BDB9E7FF9CCB

United Kingdom

Conduct of parliamentary business during COVID-19 outbreak

Following a vote by the House of Commons to rescind the resolution passed in April making provision for hybrid scrutiny proceedings during the COVID-19 pandemic, the House agreed to make further provision for some members to participate remotely in proceedings. Members who have self- certified that they are unable to attend at Westminster for medical or public health reasons related to the pandemic may participate remotely in proceedings on questions, urgent questions and statements. The provision covers members who are clinically vulnerable or extremely vulnerable, or who have family members to whom this applies, members who are self-isolating, and members with parental or caring responsibilities whose normal arrangements are inoperative for public health reasons. The House also agreed that members who are unable to attend at Westminster for medical or public health reasons related to the pandemic may arrange for another member to cast a proxy vote on their behalf.

Hansard: Proceedings during the pandemic, House of Commons Hansard, 2 June 2020 https://hansard.parliament.uk/commons/2020-06-02/debates/24694F5C-318C-48E0-8BC4- 8DB28421FBD7/ProceedingsDuringThePandemic; Business without debate, House of Commons Hansard, 4 June 2020 https://hansard.parliament.uk/commons/2020-06-04/debates/30EE2DC7-80EB-41C0-A5F6- CE49BE59C3C6/BusinessWithoutDebate; Proxy voting (extension), House of Commons Hansard, 10 June 2020 https://hansard.parliament.uk/commons/2020-06-10/debates/CAF59183-F11E-41C5-8FA7- 82B5B74A909E/ProxyVoting(Extension) Reports: House of Commons Procedure Committee, Procedure under coronavirus restrictions: the Government’s proposal to discontinue remote participation, HC 392, 30 May 2020 https://publications.parliament.uk/pa/cm5801/cmselect/cmproced/392/392.pdf; House of Commons Procedure Committee, Procedure under coronavirus restrictions: the Government’s proposal for proxy voting for shielding members, HC 429, 3 June 2020 https://committees.parliament.uk/publications/1338/documents/12143/default/ Press release: Speaker letter on virtual proceedings, 5 June 2020 https://www.parliament.uk/business/news/2020/june/speaker-letter-on-virtual-proceedings/

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Confidentiality in code of conduct investigations

When the House of Commons adopted the Independent Complaints and Grievance Scheme, which covers bullying, harassment and sexual misconduct, in 2018, it agreed that in order to protect vulnerable complainants, and to encourage complainants to come forward, a higher degree of confidentiality was needed than had been the case previously for complaints of breaches of the members’ Code of Conduct. It also extended the new confidentiality regime to all complaints made under the Code. The Parliamentary Commissioner for Standards has said that in certain specific respects the new regime has impeded her work and undermined the effective operation of the standards system. She has made four recommendations, relating to deterrents to unauthorised disclosure of information, the power to set the record straight, and publishing information about completed ICGS investigations and ongoing non-ICGS investigations, to help achieve the right balance between confidentiality and public accountability.

Report: House of Commons Committee on Standards, Confidentiality in the House’s standards system, HC 474, 19 June 2020 https://committees.parliament.uk/publications/1548/documents/14363/default/

Independent expert panel to impose sanctions on MPs for harassment

The House of Commons has approved the establishment of an Independent Expert Panel to determine appropriate sanctions for serious cases of bullying or harassment of House of Commons staff by members. The Parliamentary Commissioner for Standards is able to impose sanctions for cases up to a certain level of severity, but until now the Committee on Standards has been responsible for recommending a penalty to the House for serious cases. The Commissioner will now refer such cases to the Independent Expert Panel. The Panel may impose some penalties directly, but the suspension or expulsion of a member would require the approval of the House. The Panel will also hear appeals against decisions of the Commissioner in respect of Independent Complaints and Grievance Scheme cases involving members.

Hansard: Independent Complaints and Grievance Scheme, House of Commons Hansard, 23 June 2020 https://hansard.parliament.uk/commons/2020-06-23/debates/9646C6AF-0D3A-424B-8949- E809F658DB4C/IndependentComplaintsAndGrievanceScheme Report: House of Commons Commission, Independent Expert Panel for considering cases brought under the Independent Complaints and Grievance Scheme: explanatory paper, 22 June 2020 https://www.parliament.uk/documents/commons-governance-office/Published-Cox-III-Explanatory-Paper- 20.06.2020.pdf Press releases: MPs to transfer sanctions power to independent panel, 19 June 2020 https://www.gov.uk/government/news/mps-to-transfer-sanctions-power-to-independent-panel; Independent determination of complaints of bullying and harassment in the Commons, 23 June 2020 https://www.parliament.uk/business/news/2020/june/independent-determination-of-complaints-of-bullying-and- harassment-in-the-commons/

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Vanuatu

Opposition suspended for boycotting Parliament

Two thirds of members must be present at the first sitting of a new session of Parliament for it to proceed. If fewer members are present, Parliament will meet three days later, when a simple majority of members suffices for a quorum. A boycott of the first sitting of the new session by the 22 opposition members led to the Speaker adjourning Parliament. The opposition said the reason for the boycott was that a minister had entered Parliament after visiting a COVID-19 quarantine facility where, the opposition alleged, he had not observed social distancing. When Parliament met the following Monday, the government moved a motion to suspend the 22 opposition members for four sitting days as a reprimand for their boycott of the first sitting and the costs that had been incurred. After it was pointed out that a four-day suspension would extend into the next session of Parliament, incurring further costs, the suspension was reduced to two days and the motion passed.

Media articles: Opposition boycotts Parliament over minister’s alleged breach of COVID-19 measures, Daily Post, 12 June 2020 https://dailypost.vu/news/opposition-boycotts-parliament-over-minister-s-alleged-breach-of-covid- 19-measures/article_d0fb8166-ac30-11ea-a30b-0b77336cfed8.html; Entire opposition suspended, Daily Post, 17 June 2020 https://dailypost.vu/news/entire-opposition-suspended/article_45ce9122-b014-11ea-a81a- 276e8ae7d9b9.html

New responsibility allowance approved for members

In the past, members received their salary from the date of their election, but in 2018 the Attorney General issued advice that this practice was wrong, and members should only be paid once they had taken their oath. Following the general election in March, members of the current Parliament took their oath on the first sitting day of Parliament on 20 April. Payment of their salaries began on that date. The Constitution states that the life of a Parliament is four years from the date of its election. In this context, the Parliament (Members’ Expenses and Allowances) Act has been amended to provide for members to be paid in arrears a responsibility allowance from the date of their election, being polling day. Current members will each receive over Vt600,000 (NZ$8,000) in arrears for the period between 19 March and 20 April.

Bill: Bill for the Parliament (Members’ Expenses and Allowances) (Amendment) Act No. of 2020, June 2020 https://parliament.gov.vu/images/Bills/2020/1st_ordinary/English/Bill_for_the_Parliament_Members_Expenses_a nd_Allowances_Am_Act_No_of_2020.pdf Media article: Parliament approves Vt600,000 for each in arrears for all MPs, Daily Post, 19 June 2020 https://dailypost.vu/news/parliament-approves-vt600-000-each-in-arrears-for-all-mps/article_383c6506-b1b4- 11ea-8c7d-730530b3704a.html

Pleasance Purser Research Analyst Parliamentary Library

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ISSN 2253-5624 (Print)

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