TheParliamentarian
Journal of the Parliaments of the Commonwealth 2015 | Issue One XCVI | Price £13
Moving
forwardsTowards Sustainable Development Goals PLUS Cross-border terrorism: British Columbia and Focus on Sabah Aboriginal Foreign fi ghters and the role of women ‘The Land Below representation in local threats representatives the Wind’ Australia’s PAGE 22 PAGE 26 PAGE 33 Northern Territory PAGE 34
Parliamentarian_1_2015.indb 1 24/03/2015 15:42:54 CPA StAtement of PurPoSe
The CPA exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance, and the implementation of the enduring values of the Commonwealth.
Parliamentarian_1_2015.indb 2 24/03/2015 15:42:54 Calendar of Events Confirmed as of 4 March 2015 2015
April
8-10 April Codes - Benchmarks Meeting, Victoria, Australia
8-10 April Parliament and Media Law Conference, Andhra, Pradesh, India
27-3 May Mid-Year Executive Committee Meeting, Sabah, Malaysia
May
4-6 May Regional Trade Workshop with World Trade Organisation – Mauritius
4-8 May International Executive Training Course for Parliamentary Staff – World Bank and McGill University, Canada
17-21 May 26th Commonwealth Parliamentary Seminar, Dhaka, Bangladesh
The publication of a Calendar of CPA events is a service intended to foster the exchange of views between Branches and the encouragement of new ideas. Further information may be obtained from the Branches concerned or the Secretariat. Branch Secretaries are requested to send updates of this material to the Information Officer ([email protected]) to ensure the Calendar is full and accurate.
Parliamentarian_1_2015.indb 1 24/03/2015 15:42:54 CONTENTS 2015: ISSUE 1
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Journal of the Parliaments COMMENT MAIN ARTICLES of the Commonwealth Vol. XCVI 2015: Issue One ISSN 0031-2282
Issued by the Secretariat Inside Issues Shifting gears Celebrating BC’s of the Commonwealth Our diversity highlights our to enhance first 100 women Parliamentary Association, shared concerns Suite 700, Westminster Page 4 parliamentary Members of the House, 7 Millbank, London engagement Legislative Assembly SWIP 3JA, United Kingdom Mr Justin Bundi, Clerk of the The Honourable Linda Reid Tel: (+44-20) 7799-1460 View from the Chair Kenya National Assembly Page 26 Commonwealth Fax: (+44-20) 7222-6073 Page 12 Observance Day speech Email: [email protected] Page 6 Strengthening www.cpahq.org Post-2015 financial Publisher: View from the CWP Sustainable security Hon. Tonio Fenech MP and Hon. Mr Joe Omorodion Sustainable Development Goals Development Goals Sen. Raziah Ahmed Acting Secretary-General Page 8 and the Pacific: Page 28 New Zealand’s Front cover View from the Acting Kenya schoolroom/ persepctive All India Conference Shutterstock© Secretary-General Paul Foster-Bell MP The role of primary education Page 12 of Whips: Code of in sustainable economic conduct development Cross-border All India conference of whiips, Page 10 2014 terrorism: Foreign Printed in: England by Page 30 Warners Midlands, PLC; fighters and local New Delhi by Jainco Art India, threats and Singapore by Times Rt Hon. Keith Vaz MP Printers Private Limited Page 12
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SABAH SPECIAL FEATURE
FOCUS ON NEWS Annual subscription (four issues) SABAH UK: £40 post free. Starts after page 32 Worldwide: £42 surface post £48 airmail
Participation and the Unity in Parliamentary Price per issue empowering of diversity news: UK: £13 Hon. Datuk Dr Johnson Tee JP Sri Lanka, New Zealand, Worldwide: £14 surface post indigenous people £15 airmail Mr Michael Tatham Page II Canada, India, United Kingdom Page 34 and Australia Page 45 Opinions and comments Sabah’s tourism and expressed in articles and Benchmarks for forest conservation reviews published in The codes of conduct Hon. Datuk Joniston Bangkuai Parliamentarian are those of Hon. Dr Ken Coghill, PhD and Dr Page IV the individual contributors and Abel Kinyondo should not be attributed to the Page 38 Sabah State Secretariat of the Association. Legislative Assembly Canada’s unions: needs to move Should tax-free forwards status mean greater Hon. Dr. Edwin @ Jack Bosi public accountability? Page VI Mr Russ Hiebert, MP Page 42 The evolution of the Sabah State Legislative Assembly Datuk Bernard J. Dalinting Page VIII
Promoting sustainable forest management
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OUR DIVERSITY HIGHLIGHTS SHARED CONCERNS
The Editor’s note
Development is the focus of the Commonwealth, there are shortcoming that the CPA and He also highlights the issue issue one of The Parliamentarian many common areas of concern, parliamentarians throughout of access to natural resources. for this year. The 15-year target and much to be gained from the the Commonwealth have been “Around US$4 billion of tuna for the original Millennium sharing of knowledge amongst addressing as the SDG process is harvested in Pacific waters Development Goals (MDGs) parliamentarians. has evolved. each year. Yet only about 10% was 2015, making this an Mr Bundi links the slow Mr Foster-Bell’s article of that amount, by value, makes appropriate time to reflect on the progress on the MDGs to emphasises the importance of its way back to the Pacific progress made, and to consider the lack of engagement of New Zealand’s regional role nations – the rightful owners of the route forwards as the new parliaments in the development in the development process the resource,” he says. Sustainable Development Goals agenda. “The process along with the key role of local Development is a topic (SGDs) are finalised and agreed. remained, and still is very communities. never far from the surface Inside, Paul Foster-Bell much an executive agenda “A key strength of our in many of the articles you MP (New Zealand) and with very little engagement (if approach has been engaging will find in this issue. In her Mr Justin Bundi (Kenya) any) of parliaments,” he says. with local communities to ‘View’ the Rt Hon. Rebecca give us perspectives on the This is a point that has been develop tailor-made solutions Kadaga, MP, Chairperson of development agenda from two made very clearly in many to problems, rather than simply the Commonwealth Women very different parts of the world. CPA conferences, events imposing our plans upon others,” Parliamentarians and Speaker But, as often is the case across and workshops. It is also a he says. of the Parliament of Uganda, emphasises that gender equality is an issue for all – inequalities New Zealand is acutely aware hinder economic development of its regional role in the for everyone. Pacific “The importance of achieving gender equality cannot be over stated,” she says. “Research studies show that economic stability and growth for developing countries is greatly boosted by improved gender equality.” The ‘View’ from the Chairperson of the CPA Executive Committee and Speaker of the Bangladesh Parliament, Dr Shirin Sharmin Chaudhury, is based on the text of a speech the Hon. Speaker made at Westminster Abbey on Commonwealth Day.
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The Sabah State Assembly
The theme of Commonwealth to make,” he says. “Sabah Mr Vaz writes. “What haunts Day was ‘A Young was hugely dependent on them more, is what to do with xxx Commonwealth’ and I pick up on timber for revenue, and them if they return.” that topic in my ‘View’ – written opting for sustainable forestry That topic, along with as Acting Secretary General and management meant making financial scrutiny, empowering Director of Finance of the CPA sacrifices such as losing short- indigenous peoples, trade- – where I highlight the profound term monetary gains.” union accountability, the role “In her ‘View’ the importance of primary education These are just a few of women parliamentarians, Rt Hon. Rebecca in national development. highlights from what is an codes of conduct and much This issue of our magazine extremely broad range of else besides are all tackled Kadaga, MP, also includes a number of topics in this issue. You can inside. There is also our usual Chairperson of the articles from Sabah, Malaysia, also read a contribution selection of parliamentary which hosts the CPA Mid-Year from Chairman of the Home reports from around the CWPs and Speaker Executive Committee Meeting Affairs Select Committee in Commonwealth. of the Parliament in May. In his contribution, the United Kingdom, Rt Hon. The Parliamentarian exists Joniston Bangkuai focuses Keith Vaz MP who writes a to support the CPA in its of Uganda, makes on the state’s decision to push particularly timely article on stated purpose of developing, a point that gender forest conservation to the top of the phenomena of individuals promoting and supporting its agenda. This included making travelling overseas to fight parliamentarians and their staff equality is an issue the initially painful decision to for terrorist organisations, to identify benchmarks of good for all – inequalities forego income from logging including the major problem of governance and to implement to move towards a sustainable what to do when they return. the enduring values of the hinder economic harvest approach together with “What motivates someone Commonwealth. We trust you development for an emphasis on tourism. to leave their life in the West to will find this opening issue for “Switching from conventional fight for a group which wishes 2015 to be both interesting everyone.” logging to sustainable to establish a medieval, brutal and informative. harvesting was perhaps one caliphate thousands of miles Mr Joe Omorodion of the most difficult decisions away, is the question which Acting Secretary-General and the state government had haunts intelligence officials.” Director of Finance
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Parliamentarian_1_2015.indb 5 24/03/2015 15:43:07 VIEW FROM THE CHAIR
COMMONWEALTH OBSERVANCE DAY SPEECH
This is a speech given by Dr joining the celebration of the to the centre of discourse of Shirin Sharmin Chaudhury, Commonwealth Observance democracy and development. MP at the Observance of Day. The Commonwealth, a The CPA is a forum that works Commonwealth Day at family of nations, stands the with more than 175 member- Westminster Abbey, London on test of time in upholding the parliaments in nine regions 9 March, 2015. cherished values of democracy, to bring in convergence of rule of law, human rights and diverse perspectives, which It is indeed a great honour sustainable development. is the beauty and strength and very rare privilege for The Commonwealth of Commonwealth. It allows me to be here this afternoon, Parliamentary Association all members an equal voice, before this august gathering, (CPA), a unique platform ensuring greater inclusiveness. as the Speaker of Bangladesh of premier representative The theme of the year, Parliament and Chairperson institutions of Commonwealth Dr Shirin Sharmin Chaudhury, ‘A Young Commonwealth’, of the Executive Committee countries, plays an instrumental MP, Chairperson of the CPA resonates with a commitment of the Commonwealth role in bringing the voices of Executive Committee to build future leaders. It Parliamentary Association, the people of Commonwealth acknowledges a promise to mobilize resources of member countries for providing best opportunities for young people. ‘A Young Commonwealth’ ushers prospects, offers a promising future and shines as a beacon of hope for a better tomorrow. ‘A Young Commonwealth’ denotes that it is always prepared to meet new challenges with innovative responses. It is at all times open to embrace ideas and timely initiatives that mark new beginnings and opportunities for the welfare of its people. Echoing the theme, CPA works to empower young parliamentarians by creating space for them to Commonwealth Day visitors take a air their issues. It believes trip on the London Eye ferris wheel that the ‘digital natives’ of
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Left, Ms Jingjing Wang from New Zealand has her say on Commonwealth Day; above, Mr Joe Omorodion, Acting CPA Secretary-General and Director of Finance hands a certificate of attendance to Ms Robyn Sim from St Helena, on Commonwealth Day
this generation are equipped to deal with the changing presents us with emerging to draw upon the scope of economic orders, coupled with “The theme of challenges. It is time for the the existing structures to prospects and uncertainties, the year, ‘AY oung CPA to adopt new ideas, instil create effective forums for emerging trade and economic fresh perspectives to cope nurturing democratic practices, patterns, deepening Commonwealth’, with the rapidly changing achieve the goals they set for interdependence, peace and resonates with a world order. This requires themselves and deliver results. security issues, creating greater proactive parliaments and The CPA is committed to economic opportunities for commitment to vigilant parliamentarians. Let promote women’s political human development and social build future leaders. us embrace this opportune leadership and gender equality inclusion and to allow member moment, turn it to our in parliaments. parliaments to have greater It acknowledges a advantage, allowing the voices As we assemble here, we voice and representation in the promise to mobilize of the people from all corners are in a phase of transition, multilateral decision-making of the globe to predominate the moving away from Millennium process. It aims to equip resources of discourse of democracy. Let us Development Goals (MDGs) parliaments to address the member countries herald in an era of the people. to Sustainable Development common challenges of poverty It is only through our concerted Goals (SDGs), effectuating a eradication, food security, for providing the efforts that the CPA can make shift in the development agenda health, energy crisis, gender best opportunities to a positive difference in realizing framework. The CPA aims to equality, climate change. the common aspirations of the empower member parliaments The surge of globalization the young people.” people of Commonwealth.
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Parliamentarian_1_2015.indb 7 24/03/2015 15:43:26 VIEW FROM THE CWP
SUSTAINABLE DEVELOPMENT GOALS
I would like to associate myself with the focus of the first 2015 issue action at local, national, regional, and global levels; of The Parliamentarian, which is the United Nation’s Sustainable • Promote integrated thinking and put to rest the futile debates that Development Goals. I am glad that the publication identified this pit one dimension of sustainable development against another; very important subject as the central issue. With most targets of the • Define responsibilities and foster accountability; Millennium Development Goals concluding at the • Inspire active problem solving by all sectors of end of 2015, it was vital to have goals that set the society; stage for an ambitious future development agenda As Chairperson of the Commonwealth Women albeit in a sustainable framework. Parliamentarians (CWP), I am most specifically I am confident that the UN’s Sustainable concerned with the component of addressing Development Goals (SDGs) will offer the perfect women’s plight globally. Suffice to say that I was platform for a comprehensive post-2015 deeply pleased to find my well captured under SDG development agenda. The Rio+20 outcome No. 5: achieve gender equality of all women and document The Future We Want resolved to girls. The CWP continues to strive to propagate set up an all-encompassing and transparent ways of increasing female representation in intergovernmental process on SDGs that is open Parliament and work towards mainstreaming of to all stakeholders, with a view to developing gender considerations in all CPA activities and global sustainable development goals to be programmes. As such, SDG No. 5 is very much a agreed by the United Nations General Assembly. I Rt Hon. Rebecca Kadaga, MP component of our work. Throughout my leadership was thrilled that the outcome document mandated Chairperson of the journey, from the first time I assumed elective office the formation of an inter-governmental Open Commonwealth Women to date, I have always passionately fought to end the Working Group that will submit a report to the Parliamentarians and Speaker marginalization of all women and girls. 68th session of the General Assembly containing of the Parliament of Uganda I would therefore like to comment more a proposal for sustainable development goals for specifically on the dynamics of the efforts of deliberation and suitable action. The outcome ensuring gender equality of all women and girls. document specifies that the process leading to Creating a world where the equal dignity and worth the SDGs needs to be coordinated and coherent with the processes of every individual is respected and valued is simple to articulate, considering the post 2015 development agenda and that initial input but difficult to deliver. The Universal Declaration of Human Rights to the work of the Open Working Group will be provided by the UNSG (1948) was a powerful statement of intent, and in the intervening in consultation with national governments. years attempts were made in every jurisdiction to create legislative, As aptly illustrated in the Sustainable Development Solutions administrative, and judicial mechanisms to ensure these values were Network (SDSN) Action Agenda for Sustainable Development upheld. In the process a genuinely universal standard has emerged (SDSN 2013a), the SDGs will be complementary to the tools that countries across the world subscribe to, and communities across of international law, such as legally binding global treaties and the world aspire to. conventions, by providing a common normative framework that However, human rights mechanisms thus far have tended to focus fosters collaboration across countries, mobilizes all stakeholders, and primarily on civil and political rights, instead of the full spectrum of inspires action. I envisage the following advantages to be realized human rights, including socio-economic and cultural rights. I would with the advent of these well-crafted development goals: like to emphasize that it is important that the post-2015 agenda • Help guide the public understanding of complex sustainable focuses on guaranteeing fundamental equalities, and goes beyond development challenges, including neglected ones; non-discrimination. In the short term, there is a need to create full, • Support long-term approaches towards sustainable development; decent productive employment opportunities for women and access • Unite the global community and inspire coherent public and private to finance, as well as to continue to provide social protection, and
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more importantly promote and value women as capable of flourishing Education is very important for every child whether boy or girl. It is in financial investments. The promotion of women’s economic rights sad that some communities still discriminate against the education is critical for economic growth and this entails promoting a range of girls. of women’s rights: their sexual and reproductive rights and rights to education, to mobility, to voice, to ownership, and to live free from Gender equality in decision-making power structures violence. This issue is about women holding positions of influence both in Equality, women’s rights and women’s empowerment is a very public spheres and government, but also within their own homes critical standalone goal. Coupled with this goal are three similarly and families. The number of women that hold parliamentary seats important target areas. has increased in almost every world region since 2000, mostly due to the creation of legislative or voluntary quotas that require a Freedom from violence against women and girls certain number of female members. However, women’s decision- The scourge of violence against women and girls threatens the basic making power at home remains significantly lower than men’s in security of the world. Violence against women and girls not only many regions of the world. These types of decisions range from affects women, their families and communities, but it also undermines money-related choices, to women’s ability to visit friends and family, the stability and prosperity of whole societies. The World Health to decisions about women’s own health. Family dynamics are greatly Organization reported in 2013 that 35% of women worldwide have influenced by societal and institutional norms, and the hope of many experienced some type of violence in their lifetime. This violence organizations is that by increasing women’s access to education and can have serious and long-lasting effects on women’s mental, work opportunities, these norms will begin to change in a direction reproductive, and sexual health. This issue is addressed in the UN that is less discriminatory. Millennium Development Goals, and for all intents and purposes, it The importance of achieving gender equality cannot be over must be captured in the post-2015 development agenda. stated. Research studies show that economic stability and growth for developing countries is greatly boosted by improved gender Gender equality in the distribution of capabilities equality. As such, if women and girls can gain access to improved This area involves women’s access to education, healthcare, and education, they will eventually get better jobs and be able to better opportunities such as land or work with equal pay. I am proud to contribute to the economy. Including women in political decision note that all indicators show that progress is being made in all of making leads to more effective governance, since women’s presence these areas, but this progress varies by region and demographic in government brings greater diversity and different experience to the dispersion. For example, there is evidence in some areas to show process. This makes the problem all the more pressing and important. that women tend to hold less secure jobs than men in developing Gender equality is not only a significant concern from a human rights regions. I get disheartened when reports on education reveal that in standpoint, but it will allow for the economic and political growth that Northern Africa, sub-Saharan Africa and western Asia, the gender developing nations need to make them competitive in world markets. disparity in education still remains high and yet we are all aware Dear readers of The Parliamentarian, let us continue to share of the invaluable role of education in achieving gender equality. experiences in the next issue of our Journal.
Women need empowerment both in the political process and within their own homes Shutterstock
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Parliamentarian_1_2015.indb 9 24/03/2015 15:43:28 VIEW FROM THE ACTING SECRETARY GENERAL AND DIRECTOR OF FINANCE THE ROLE OF PRIMARY EDUCATION IN SUSTAINABLE ECONOMIC DEVELOPMENT
The focus of the articles in this same period and had similar and impact of primary education Issue of The Parliamentarian is economic features at the time on a nation’s development on the progress made towards of independence? capability, the national objectives the Millennium Development • Why are some countries of primary education have, Goals (MDGs) that were more politically and religiously therefore, continued to attract outlined at the Millennium stable than others? ongoing attention in developing Summit of the United Nations in One possible answer to these and developed countries alike, 2000. These include the goals questions is that successful in both Commonwealth and to achieve universal primary countries in the Commonwealth, non-Commonwealth countries. education, ensure environmental believe in, and genuinely In the Netherlands, for example, sustainability, and the underlying implement, the Universal a major restructuring of primary need to invest in our young Declaration of Human Rights, in education was undertaken in Commonwealth. Mr Joe Omorodion particular Article 26. 1985. This stipulated that the A great deal has been Acting Secretary-General Another possible answer main aim of primary education achieved in these last 15 of the Commonwealth is that such countries have should be to cater for pupils’ years but there remains a Parliamentary Association supplemented Article 26 with emotional, social and cognitive long way to go. We are now their desired national economic needs. While in a survey of the looking at building upon development needs in mind. One aims and values of primary these achievements with the the United Nations for the major developing country, for education in England, Germany, Sustainable Development Goals maintenance of peace.” example, has identifi ed some Scotland, New Zealand and (SDGs). Article 26 stressed the of the following as the major Sweden in 2008 , it was found Long before the importance of education, objectives of primary education. that citizenship education was establishment of the MDGs, especially at the fundamental These are to: vital if countries are to produce the Universal Declaration of and elementary stages, more • prepare the children for good participative citizens for the Human Rights was adopted than half a century before citizenship; future. by the United Nations General Millennium Summit of the UN in • develop in them a love for With a well-developed Assembly on 10 December 2000. Education is the principal their country, its tradition, its primary education curriculum, 1948. It provides for a fair and catalyst for human development. culture and national symbols; including the key objectives considered framework for a As the saying goes, the • inspire in them a sense of identifi ed in this article which decent, democratic and just childhood shows the man or service and loyalty; have proved successful in some approach to society, especially leader as the morning shows • develop in the children the major developing countries, Article 26 of the declaration the day. spirit of international under- it is arguable that systemic which focuses on the right As I visit the many great standing and universal brother- corruption could be stemmed; to education. Specifi cally, countries throughout the hood; terrorism rooted out; poverty Article 26(2) states that “… Commonwealth, some of the key • inculcate scientifi c attitude; alleviated and democracy Education shall be directed questions I often ask myself are: and embedded, while producing to the full development of the • Why do some countries • inculcate a sense of dignity better informed leaders with human personality and to the seem to be more dedicated of labour. their nation’s interests at heart, strengthening of respect for towards the common good, than Another developing ready to take their nations human rights and fundamental others? Commonwealth country’s forward. freedoms. It shall promote • Why have some democra- national policy on primary With the implementation understanding, tolerance and cies evolved faster than others, education includes: an effective primary education friendship among all nations, especially when you compare • character and moral training. curriculum, I wonder who would racial or religious groups, and countries that gained their ever wish to hurt their country shall further the activities of independence in just about the Realising the importance and its image, or contemplate
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harming the interests of other The policymakers in these primary, secondary or tertiary needs. This can be achieved countries. When people are well countries can scan around education can have on a nation’s through effective legislation grounded in the fundamentals of the Commonwealth to identify economic development, my and a renewed awareness of citizenship, love for their country those nations that are steaming view is that primary education is, the important role of primary and culture, with a sense of ahead in terms of political perhaps, the most important of education in delivering a dignity of labour, good character and economic stability and an all, because it is the foundation country’s sustainable economic and moral sense of being, the unbreakable national sense upon which all else is built. development needs. answer would be very few of purpose and direction, and Placing the role of primary indeed. examine closely their primary education high on the future Reference A good starting point in educational objectives and how SDGs, especially for the 1 Cited in Aims and Values in addressing the social-economic they are being implemented and marginalised, is essential for the Primary Education: England and problems that may be holding funded. They can then make a future of the Commonwealth. Other Countries (2008), Shuayb, many emerging and developing conscious decision to learn from A fundamental rethink M. and O’Donnell, S., National countries of the Commonwealth them. It is never too late: for as is called for in those Foundation for Education back is to ensure the design we know, a house that is not built Commonwealth countries Research, University of or redesign of their primary on a solid foundation is bound to where there is the shared belief Cambridge and Esmée Fairbairn education curriculums to meet collapse sooner or later! that the education system is Foundation, Research 1/2. their future economic and While there is evidence in the not meeting their economic, social development needs. literature of the relative impact social and political development Shutterstock
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Education, especially primary education, is vital to development
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Parliamentarian_1_2015.indb 11 24/03/2015 15:43:30 KENYA: MILLENNIUM DEVELOPMENT GOALS
SHIFTING GEARS TO ENHANCE PARLIAMENTARY ENGAGEMENT Kenya was one of the first signatories to the Millenium Declaration and has done much to strive towards the Millenium Development Goals, but lessons have been learned – including that parliamentarians must be involved in the development agenda right from the start.
Mr Justin Bundi Rapid globalization, can maintain focus and measure became the Clerk, East advancement in information progress technology, and democracy Adoption of and the wide African Legislative buoyed by liberalized and appeal of the Millennium Assembly Arusha – open market economies Declaration constituted the Tanzania, in 2004. have, over time, exposed greatest foundation of optimism A position he held up developing countries to diverse for a better future to the world’s development perspectives. The poorest and acknowledged the to March 2009 when gains are, however, slowed special needs for developing returned to Kenya down by the wide disparities in countries – especially in National Assembly as development levels between Africa for poverty suppression, Deputy Clerk. In October industrialized and developing Mr. Justin N. Bundi consolidation of democracy countries. Emerging challenges and sustainable development 2012 he was appointed posed by climate change have through among others, the the Clerk of Kenya also held to ransom the gains of the Millennium Declaration attainment of basic human National Assembly. He the past three decades. which gave birth to the desires of food security, has wide experience in Various interventions Millennium Development Goals maternal health, schooling, fight including external aid (MDGs). The MDGs, which against diseases, environmental Public Administration and assistance, debt relief and are an internationally agreed sustainability and global legislative Management. prescription of structural development framework, were partnerships. He is a member of the adjustment programmes in the adopted to rally international and The MDGs gave Society of Clerks-at-the 1980s and the 1990s did not national support in dealing with governments a common bring the sustainability global development challenges. These framework for structuring Table, and the Institute of development partners sought goals, developing countries are policies and practices to fight Directors. He is married to achieve with many of the guided towards the attainment poverty and also brought clarity with five children. developing countries. In the of the eight goals by the 21 to the shared and individual year 2000, therefore, world targets and 60 quantifiable roles and responsibilities of leaders came together to sign indicators by which a country various actors. These helped
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Lessons learned from the MDGs include that there was undue emphasis on national averages at the expense of regional inequalities Shutterstock
governments to put in place development. Kenya was among “Kenya was In 1965, barely 18 months MDG-friendly policies and the first signatories of the into independence, the programmes with reasonable Millennium Declaration and has among the first country adopted the landmark donor support, including debt since then focused its policy and signatories of Sessional Paper number 10 of cancellation, improved market development planning towards 1965, African Socialism and its access, enhanced official achievement of the goals by the the Millennium application to planning in Kenya. development assistance and set timeline. Declaration and The sessional paper targeted increased flows of direct foreign Nonetheless, the millennium rapid economic development investment. development targets for has since then and social progress for all reducing poverty were not focused its policy citizens. It aimed at reducing Kenya’s experience with the entirely new in Kenya. Indeed, poverty levels in rural areas Millennium Development Goals since independence in 1963, and development through commitment of more The signing and endorsement Kenya’s economic development planning towards funds to the agricultural of the Millennium Development focused on alleviation of sector and the identification of Goals by World leaders poverty, improvement of literacy achievement of new markets and new areas epitomized the importance of levels and reducing incidence of the goals” for technical cooperation. the time-bound global vision for disease. In the education sector, it
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gave priority to increased to adequate food of acceptable facilitated the attainment of traced back to the year 2008. primary school enrolment and quality and right to education critical milestones in National This initiative by a group of 21 expanded secondary school (Article 43). development efforts in Kenya. Members of Parliament lead to education. Sufficient resources Kenya continued to devote the formation of a Parliamentary were equally committed to more resources to the attainment Enhancing parliamentary Caucus on Poverty and the the development of health of Millennium Development engagement – lessons from the MDGs in 2009, by a resolution facilities in rural Kenya. The Goals through a shift of public MDGs of the National Assembly. This policy direction adopted by the expenditure to the social The slow progress of the MDGs action proved to be a bold sessional paper resonates well sectors, physical infrastructure can partly be attributed to the initiative in filling the vacuum with much of the content of the development and expansion long-delayed uptake of the that existed between Parliament MDGs. of agriculture. The agricultural MDGs by many parliaments in and the executive in ensuring National Development Plans, sector witnessed efforts aimed majority of developing countries participatory handling of MDGs. anchored on the sessional at ensuring food and nutritional across the world. The process The Caucus was conceived paper, continued to focus on security for all Kenyans. remained, and still is very much with the following broad rural development, with the To alleviate the adverse an executive agenda with very objectives: most notable ones being the economic conditions occasioned little engagement (if any) of (i) To reinforce the role of 1974-79 National Development by the worldwide financial parliaments. parliamentarians in holding Plan, the Poverty Reduction recession, the Government of Whilst it is governments the government accountable Strategy Paper (PRSP) Kenya committed more funds that sign up to internationally for its commitments and of 2001 to 2004 and the through ‘the economic stimulus agreed goals and targets, as progress in achieving the Economic Recovery Strategy strategy’ that facilitated the was the case with Millennium MDGs. for Wealth and Employment development of health facilities, Development Goals and (ii) To build MPs’ understanding Creation (ERSWEC) that was classrooms, irrigation and food will be for the Sustainable of the MDGs and to inspire implemented between 2003 security initiatives, and water Development Goals on behalf of them to pressurize the and 2007. Development distribution infrastructure in their respective countries, and government to deliver on programmes implemented the rural areas. The economic ultimately have the responsibility them by 2015. under the PRSP and the ERS stimulus package was expected to deliver on targets, there is a (iii) To advocate for the were consolidated under the to support development projects growing appreciation for active mainstreaming of MDGs Kenya Vision 2030 in 2008. in rural areas through a raft engagement of the different in local and national The Vision is implemented of government interventions stakeholders at the global, development plans and through sectoral flagship including the Constituency regional and national levels budgets. projects and programmes Development Fund (CDF), Local during the negotiation and (iv) To increase the visibility of spread across the country, with Authority Transfer Fund (LATF), subsequent implementation the Parliamentary Caucus on the main aim of turning Kenya the Women Enterprise Fund of such internationally Poverty and MDGs through into an industrialized country (WEF) and the Youth Enterprise agreed goals. Parliament is advocacy. with a high standard of living by Fund (YEF). These grassroots- one such institution that has C o u n t r y - s p e c i fi c s u c c e s s e s the year 2030. based development programmes an important role to play in with parliamentary engagement Despite Kenya being among continue to influence the MDGs’ guaranteeing development with the MDGs to date the first signatories of the achievement rates especially for goals are leveraged in the remain mixed. However, for Millennium Declaration, the education, health and women national agenda especially their the Parliament of Kenya, MDGs only became entrenched empowerment. domestication and ensuring the formation of the Caucus in Kenya in 2004 when the While substantial progress adequate resources are and subsequent awareness Government of the Republic has been made in the channelled to the cause. Indeed, creation among Members of Kenya issued a cabinet implementation of the MDGs, attempts to project the central proved instrumental in ensuring memo directing all Government it is clear that the complete role parliaments can play in that Parliament mainstreamed ministries, departments and achievement of the goals reducing poverty and attaining MDGs in its various mandates agencies to mainstream MDGs by the year 2015 has been the MDGs is well documented to propel Kenya into delivering into policy, planning and the elusive. There was remarkable and was further reinforced in on the MDGs by the deadline of budget-making process. MDGs achievement in some of the the Paris Declaration on Aid 2015. were incorporated into major areas such as education, child Effectiveness in 2005, and the In addition to policy and policy documents including health, HIV/AIDS, malaria and Accra Agenda for Action in awareness creation, the sector plans and the Kenya tuberculosis, while progress 2008. formation of the Caucus opened Vision 2030. The Constitution of others is still low and From the Kenya perspective, a critical link for non-state of Kenya 2010 also gives remains off-target. The table parliamentary engagement actors to engage Members prominence to some of the opposite gives a summary of with MDGs, as in many other of Parliament on the MDGs. MDGs’ indicators including implementation status. jurisdictions, took long to Through efforts of the Caucus, the right to clean, healthy Given the progress so far, materialize. Initial steps towards in collaboration with the then environment (Article 42), right it is safe to argue that MDGs active engagement can be Ministry of Planning, National
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Millennium Development Goal Implementation Status Eradication of extreme hunger and poverty Through various interventions in the agricultural sector and financial empowerment programmes, Kenya has achieved significant reduction in the number of people living below the absolute poverty line, from 52% in the year 2000 to 45.2% in 2009.
Achievement of universal primary education Due to continued funding for free primary education and recruitment of more teachers, Kenya has witnessed a steady increase in the primary school gross enrolment rate from 110% in 2009 to 115% in 2011. Net enrollment rate increased from 67.8% in 2000 to 95.3% in 2012, while transition increased from 66.9% in 2009 to 73.3 in 2011.
Achievement of gender equality The government of Kenya continues to encourage girl child education and socio economic and empowering women empowerment of women. This has seen the increase of the girl to boy ratio from 0.95 in 2000 to 0.98 in 2012. The number of women in leadership and management positions has increased from 32.4% in 2008 to 38% in 2012.
Reduction of child mortality rates The MDG influenced commitment of extra resources to the health sector, resulting in the infant mortality rates reducing from 77 deaths per 1000 live births in 2003 to 52 deaths per 1000 live births in 2009.
Reduction of maternal mortality rates Kenya implemented bold measures including abolishing maternity charges in Government hospitals and an aggressive health campaign aptly named beyond Zero, Headed by the first Lady H.E. Margaret Kenyatta. The maternal mortality rates however increased from 414 per 100,000 live births in 2003 to 495 deaths in 100,000 live births in 2010.
Combating HIV and AIDS and other diseases HIV prevalence for youth aged 15- 24 witnessed a reduction from 3.8 in 2007 to 2.1 in 2009. There has been a sustained effort to reduce new infections. The fight against other diseases has seen Kenya reach the world Health Organization (WHO) targets in tuberculosis and the proportion of Kenyans using Insecticide Treated Mosquito nets rise from 6% in 2003 to 56% in 2009.
Ensuring environmental sustainability The proportion of Kenyans drawing water from clean sources rose to 52.6% while that of Kenyans with access to improved sanitation rose to 61.2%
Development of global partnerships Kenya has made great progress in the area of information technology, with about 64% of Kenyans for development owning mobile phones. Source: Ministry of Devolution and Planning, 2014. MDGs’ status in Kenya
Development and Vision Parliament in 2011 which The shift to Sustainable Assembly’s working group on 2030, and the United Nations compels the ministry, under Development Goals SDGs developed a set of 17 Development Programme which the MDGs falls, to table As the target date for the goals with 169 targets, covering (UNDP), Members of a report in the House every six MDGs framework is reached, a a wide array of sustainable Parliament, House committees, months on the government’s number of countries including development matters including and staff of Parliament were progress with the MDGs. Kenya recorded mixed ending poverty and hunger and sensitized on their role in the Unfortunately, a similar forum results. It became necessary improving health and education. MDGs process. Further, the has not been formed in the therefore, for the international The SDGs are envisioned to be Caucus and the Departmental 11th Parliament. This has community to adopt post-2015 action oriented, concise, easy to Committee on Health had a reversed most of the gains international development communicate, limited in number, working relation with the Inter- achieved by the Caucus, framework. In this regard, the aspirational, global in nature and Parliamentary Union (IPU) especially in advocacy and United Nations conference universally applicable. targeting mainly MDGs 4 and 5, awareness creation among on sustainable development Governments are expected on child and maternal mortaility. parliamentarians, and more held in Rio de Janeiro in 2012 to drive the implementation An important legislative so as we transit to the Post- (RIO+20), agreed to develop of SDGs with the active breakthrough of the Caucus 2015 Development Agenda future development goals. involvement of all relevant was the motion passed by articulated in the SDGs. Subsequently, the General stakeholders. To this end,
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Kenya is undertaking a broad rural and urban consultation, involving a variety of interest groups, in developing a response to the SDGs Shutterstock
the government of Kenya Planning and with support 12 stakeholder consultation universal education. Gender and demonstrated enthusiasm to from development partners, forums at county level, targeting environmental issues were also participate in the international including the United Nations urban- and rural-based counties addressed. Overall, the county development agenda as fronted Development Programme like Nairobi and Kakamega forums identified the following in the SDGs framework. Besides (UNDP) and the embassy respectively. Individual priority areas: participating in a number of the Republic of Finland, participants included the young, i. Fast tracking and of international post-2015 Kenya held the first meeting women’s group members, school accelerating the gains on the processes, Kenya has held on the post-2015 schema and health facility management implementation of the MDGs; county and national forums in 2012. Several follow-up members, persons with special ii. Creation of employment to help in formulating its own meetings were held at the needs and government officers. opportunities for the young position on the proposed national and county level, The participants discussed and women; post-2015 development involving government agencies, the implementation status of iii. Tackling climate change; agenda. Parliament however development partners and civil the MDGs and the post-2015 iv. Ensuring peace and security; continued to be sidelined in the society organizations. development agenda under v. Provision of social protection consultative process. broad sub topics including to vulnerable groups; Under the leadership of County level consultations agriculture and food security, vi. Early childhood development the Ministry of Devolution and The Government organized employment, health and facilities and improve on
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primary school education “A major development – the SDGs has provided an quality control; The participants appreciated opportunity for the consolidation vii. Provide real time data on mainstreaming the role of a strong economy of the MDGs gains and a line of development; mechanism that in the provision of employment attack for better development viii. Incorporate resilience opportunities, particularly to the outcomes if the views of the measures in the post 2015 has been applied youth. It was agreed that it would stakeholders are incorporated development agenda; with good results be prudent for the government and implemented with adequate ix. Address retrogressive to invest in the agricultural sector commitment from Government development agenda; for the MDGs based industries to develop the and Development partners. x. Establish markets for farm is the active rural areas and provide gainful From the foregoing, the produce and improve access to employment. transition to the SDGs without financing. engagement of (iii) Education and gender a proper framework and parliamentarians The consultative meetings came mechanisms of mainstreaming National civil society consultations to the conclusion that it was parliamentary engagement In June 2013, the line in the budget necessary to emphasize the may orchestrate another ministry organized forums for process, and need for universal education catch-up situation for consultations with civil society for all including people living Parliament in Kenya and organizations carrying out the Parliament with disabilities, while at the perhaps in other jurisdictions various programmes in a wide committee same time ensuring provision as witnessed with the MDGs. range of sectors in Kenya. A total of quality education. On gender, Country domestication of 54 civil society organizations system.” the government needs to bring process has largely sidelined attended the meeting held at on board measures to address Parliament. Sporadic on and the coastal town of Mombasa. participation of stakeholders – gender based violence. off consultations in Kenya to A similar meeting involving including Members of Parliament (iv) Health entrench the engagement has civil society organizations – in the implementation The health sector needs to focus not been sustained. This is representing the 47 counties framework and a strong focus on reducing the impact of non likely to reverse the gains so far was held in Nakuru. The civil on social sectors that crowded communicable diseases such made in terms of mainstreaming society organizations prioritized out investments in agriculture, as cancer, diabetes and blood the goals into such game the following areas for the post infrastructure and industrial pressure and emphasize the role changing poverty alleviation 2015 development agenda: development. Other weaknesses of traditional knowledge in health and development initiatives of i. Infrastructure development; included the undue focus on management. The government parliamentarians such as the ii. Inclusion of the special needs national averages at the expense was urged to maintain focus on Constituency Development of people with disabilities, the of regional inequalities and the the gains made in maternal and Fund (CDF). youth and the aged; fact that key issues related to child healthcare. Experience with the MDGs iii. Need to address gender development such as climate (v) Environment has proved that sensitization based violence; change, conflicts at region, the There is still a high proportion and other awareness creation iv. Governance; place of good governance, and of Kenyans lacking access initiatives for parliamentarians v. Identify the role of special the value of good planning data, to clean water sources and guarantee considerable knowledge, particularly in the were absent. sanitation. The Government success in the mainstreaming area of traditional medicine; must therefore focus on urban of any developments agenda vi. Adoption of the rights-based Recommended areas of focus waste management, increase – local and global. A major approach do development The national stakeholder national capacity for disaster mainstreaming mechanism across all sectors. meeting therefore encouraged preparedness and accelerate that has been applied with the government to target five key reforestation. good results for the MDGs National stakeholders meeting areas including the following: is the active engagement of To consolidate the views (i) Agriculture and food security Conclusion parliamentarians in the budget from county and civil society For agriculture to play its role The relationship between process, and the Parliament organizations, the government in poverty reduction in the post MDGs and SDGs cannot be committee system. The organized a conference 2015 development agenda, gainsaid. Sufficient positive presidential system in place with government ministries, adequate attention must be gains have been achieved in the today in Kenya adds impetus development partners, private paid to climate change and implementation of the Millennium to the role Parliamentary sector representatives, civil agricultural produce marketing. development goals, especially committee system in the society organizations and media These require a shift toward in the areas of universal primary realization of the SDGs. This as participants. The conference climate smart agriculture to education and the fight against requires concerted efforts and identified weaknesses in reduce the impacts of climate HIV/AIDS and other diseases. political goodwill to bring on the MDGs’ implementation change on agriculture. The shift towards the post board the relevant stakeholders, framework, including inadequate (ii) Employment and enterprise 2015 development agenda Parliament included.
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POST§2015 SUSTAINABLE DEVELOPMENT GOALS AND THE PACIFIC: NEW ZEALAND’S PERSEPCTIVE While three out of the eight millennium development targets – on poverty, slums and water – have been met ahead of the 2015 deadline, much work remains to be done, especially on the environment Shutterstock Paul Foster-Bell MP New Zealand is a proud term used in New Zealand to has been a List Member member of the Commonwealth describe people living in New of Nations, and is active in the Zealand who have migrated of Parliament based international community. We from the Pacific Islands or who in Wellington Central punch above our weight when it identify with the Pacific Islands for the governing New comes to supporting developing because of ancestry or heritage), Zealand National Party nations, especially our small and over 60% of our aid budget island Commonwealth friends is invested in the region. My since May 2013,. He is of the Pacific, of which there Maori ancestors traced their currently Deputy Chair are twelve (including the Cook origins, through whakapapa of the Education and Islands, Niue and Tokelau – (lineage) and the sagas of the Science Select Committee all part of the Realm of New great Polynesian voyaging Zealand) leaving Australia and Paul Foster-Bell MP canoes, to the Pacific. and a member of the New Zealand aside. And while three out of the Local Government and In recent years, New Zealand the Pacific to fund and support eight millennium development Environment Select has refocused its aid efforts critical infrastructure, grow targets – on poverty, slums and Committee. He was and made major investments burgeoning private sectors, water – have been met ahead of into sustainable economic and help Pacific countries the 2015 deadline, much work elected a Pacific Regional development partnerships make the most of their natural remains to be done, especially Representative on the throughout the Pacific. Practical resources in a well-managed in the environmental area where Executive Committee initiatives aimed at supporting and sustainable fashion. often low-lying Pacific island of the Commonwealth economic development now It is not just an accident states remain vulnerable. A make up over half of all our of geography that we feel key strength to our approach Parliamentary Association aid spending. There is not connected to the Pacific – our has been engaging with local in late 2014. a complicated intervention people-to-people linkages communities to develop tailor- logic behind New Zealand’s are strong. Over 7% of New made solutions to problems, approach – indeed it is very Zealanders identify as being of rather than simply imposing our simple – we are working around Pasifika descent (Pasifika is a plans upon others.
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Parliamentarian_1_2015.indb 18 24/03/2015 15:43:40 The PacificFO LOceanIO is New Zealand’s ‘back yard’
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Sustainable oceans in the zones of small island expense of some of the poorest. Ambassador, former New The Pacific Ocean is New states. Fish resources are The opportunity for Pacific Zealand Member of Parliament Zealand’s backyard. It under growing pressure as nations is to take advantage Hon Shane Jones, has already connects us to our neighbours, tuna elsewhere become of the competition for a scarce started working with many small and forms a major economic much harder to access. This resource to increase their islands states to look for more resource for all. Our trade brings a challenge, but also an long-term returns, without opportunities to grow the value all passes through it. And opportunity for Pacific nations. compromising the sustainability of this resource. its sparkling waters attract The challenge is that the of the fishery. This will mean We have committed over international tourists in their fishing fleets of Asia, the building and strengthening $70 million for fisheries millions and provide habitats Americas, and Europe are now fisheries management regimes, management and development for unique flora and fauna. interested in exploiting these tackling the problems of in the Pacific. Sharing and We give priority to projects resources – and fishing activity overfishing; illegal, unreported analysing fisheries data is vital targeting economic and is already at levels that could and unregulated fishing; and for monitoring and enforcement. environmental sustainability, threaten the sustainability of improving monitoring and Our funding will implement such as our support for some stocks. Around US$4 surveillance. national fisheries information sustainable fisheries billion of tuna is harvested in The New Zealand management systems in all management. Tuna provide Pacific waters each year. Yet Government is doing its part to Pacific Forum Fisheries Agency a good example of this. The only about 10% of that amount, assist our island neighbours in countries, setting up electronic Western and Central Pacific by value, makes its way back to this regard. Since 2009, licence reporting and monitoring Ocean is home to the world’s the Pacific nations – the rightful and access fees paid to Pacific of catch and stocks, and last thriving tuna stocks – and owners of the resource. Some nations have nearly trebled to facilitating better co-ordination the larger part of the fishing of the wealthiest countries on $245 million. And a recently across the Pacific region. of these stocks takes place the planet are profiting at the appointed Pacific Economic Recently New Zealand
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signed the Niue Treaty Subsidiary Agreement on More than 70 Pacific parliamentarians and political leaders regional fisheries. This valuable gathered at the New Zealand Parliament between 18 and 22 April tool enhances cooperation in the 2013 for the Pacific Parliamentary and Political Leaders Forum – areas of fisheries surveillance, the first of its kind enforcement, and information sharing in the Pacific. Pacific nations cannot succeed alone. Sustainable fisheries in the region will be achieved only with the support of the nations whose fleets harvest these seas. The New Zealand view is that parliaments in those nations must confront the entrenched interests, weak policy-making and vast bureaucracy that allows fishing subsidies to continue. Subsidies have been promoting overcapacity and overfishing. This, in turn, encourages illegal and unreported fishing, which can contribute to the destruction of healthy fisheries that has Zealand is leading a new provide about 80% of the 50 projects are now underway occurred all too often in other regional programme to improve Pacific’s energy and Pacific across the region. The Pacific parts of the world. navigational charts for the nations spend 10% of their is close to achieving 50% region, by investing $5 million GDP on imported fossil fuels. renewable electricity. Growing tourism and safer in a five-year programme to be So, moving to renewable For our part, New Zealand sea lanes executed by our Land Information energy will lower generation has committed at least $80 As well as a great economic NZ and the Secretariat of the costs and reduce import million to 25 renewable energy resource, the ocean is the Pacific Community to carry out dependency. projects around the Pacific in avenue of international trade hydrographic survey and charting This is an area where the countries including the Cook for Pacific nations and a source work. This builds on a successful Pacific has been let down by a Islands, Tuvalu, Kiribati, Samoa, of significant tourism income. pilot project in Vanuatu, and its lack of practical action for many Papua New Guinea, Tonga Tourism contributes to over half initial focus will be on Tonga, the years. There has been much and Vanuatu. We are already of the GDP of the Cook Islands Cook Islands, Niue, Samoa, and talk about climate change and seeing results: for instance, and around a quarter in Fiji. New Tokelau, with a view to extending the importance of renewable the atolls of Tokelau have Zealand is investing over $38 it to cover the rest of the Pacific. energy, but this has not been gone from 100% reliance on million directly into the Pacific This work is critical for the matched by funding and diesel to generating all of their tourism sector, with an extra economic future of the Pacific. assistance for projects that will electricity renewably as a result $82 million in tourism-related From July 2016 all vessels deliver this clean energy. of our project. We are working infrastructure, particularly in the operating in the region will need New Zealand is committed with the European Union on area of safety in navigation and to use electronic navigation to changing this. In 2013, we photovoltaic systems for the aviation services. charts which meet international hosted the Pacific Energy outer islands of Tuvalu and the Shipping services are the standards. Our support ensures Summit in Auckland. Pacific Cook Islands. These systems primary means of shifting goods that cargo and cruise ships will Governments came to the will provide around 90% of the and passengers between islands. continue to be able to operate summit with clear roadmaps islands’ power needs this year. The Pacific is one of the fastest in the Pacific, by bringing charts and ambition for developing By adopting a broker role, growing markets for the cruise up to this standard. We are glad their energy sectors. Donors New Zealand is able to bring ship industry. In 2012, the cruise to be able to share our expertise and partner Governments together Pacific states and ship industry generated earnings in hydrographic survey work rose to the challenge, and some of the world largest of US$640 million in direct and technical know-how with the summit exceeded all donors to achieve far more than passenger expenditure for the our closest neighbours, thus our expectations. Donors we could by working alone. region. improving the safety and reliability committed $635 million to We want to use this approach Ensuring that ships can of shipping routes in the region. renewable energy initiatives. beyond energy to get donors continue to ply Pacific waters This funding is drastically working on all Pacific issues safely is vital for the future Renewable energy accelerating the Pacific’s shift – sharing our expertise, but prosperity of the region. New Diesel generators currently to renewable energy – over also open our ‘contact book’ to
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help launch innovative projects Management and Ministry of Supporting communities “By adopting a which deliver tangible results. Foreign Affairs and Trade have This constructive approach can been working together with Pacific also be seen in other areas of broker role, New Building resilience Island governments to help them social services, like healthcare. Zealand is able In such a vast ocean, Pacific prepare for natural disasters. An example is our contribution of nations tend to be very distant This co-operation has $3.8 million to the Fred Hollows to bring together from their neighbours and, delivered practical improvements Foundation for a new regional Pacific states and therefore, far from help when in disaster readiness across eye care centre in the Solomon natural disasters strike. New the Pacific – including the Islands. Around 80,000 people some of the world Zealand has a proud history of installation of 23 tsunami in the Pacific are blind, and largest donors to assisting in such challenging warning sirens along Samoa’s four out of five of these people situations. For example, in the south coast. A new partnership could have their sight restored achieve far more aftermath of the 2009 Samoa agreement builds on this through a simple operation. In than we could by earthquake, a devastating investment and will enable us addition to robbing people of tsunami destroyed several to support the Pacific in other their sight, avoidable blindness working alone” communities in Samoa and areas. Under the arrangement, also negatively impacts on Tonga. We spearheaded the our ministries will share employment opportunities for relief operation with military expertise, pool resources, and individuals and causes hardship aircraft, emergency supplies, work together on prevention for families and communities. of sustainability, including solar naval vessels, and health measures and rapid response to The new regional eye care panels which generate more workers, providing substantial disasters. centre will deliver 1,900 eye than 90% of its energy needs. financial aid during the recovery A focus of this work has surgeries a year and allow period. been on helping Pacific nations 11,000 people to have eye The future Recently, New Zealand better protect children and treatment for a range of Looking ahead, I have no doubt announced a new partnership young people in the event of conditions. The centre will that New Zealand will continue aimed at helping Pacific Island major emergencies, allowing also provide training to optical to place emphasis on practical nations prepare for and manage island nations to strengthen healthcare professionals and projects which deliver real natural disasters. The region is their own national capability develop the local workforce outcomes for sustainability particularly vulnerable to tsunamis, in readiness, response and in the Pacific. The building, in every sense of the word - earthquakes and cyclones. Over recovery. We continue to which opens later this year, environmental, economic and the last three years, our Ministry provide expert emergency has been designed in New social – for our Commonwealth of Civil Defence and Emergency management support. Zealand to achieve high levels Pacific neighbours and beyond.
Gone fishing – billions of dollars of tuna are harvested in the Pacific each year – but less than 10 % of the value makes its way back to Pacific nations Shutterstock
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CROSS§BORDER TERRORISM: FOREIGN FIGHTERS AND LOCAL THREATS
Just why do individuals leave the Western world to enlist as ‘foreign fighters’ for extremist organisations in Syria, Iraq and Yemen? Acting to prevent further attacks is key, but so is tackling the problem at its root
Rt Hon. Keith Vaz Terrorism, is an old and well- killed a soldier on ceremonial MP was first elected to known means by which groups sentry duty at the Canadian attempt to achieve their political Parliament. Parliament in June 1987 objectives through violence. • In December 2014, a and was the first person However, an interlinked radicalised asylum seeker from of Asian origin to sit in the globalisation and localisation of Iran, known to the authorities House of Commons since groups such as Al Qaeda and for repeated criminal offences, its offshoots, has evolved our took 18 people hostage in an 1922. He was Britain’s understanding of terrorism in Australian café. Two hostages Minister for Europe under recent months and years. were tragically killed. Tony Blair, and now serves This seemingly contradictory • In January 2015, two as the Chairman of the process is witnessed in the Rt Hon Keith Vaz MP, brothers, heavily armed phenomena of ‘foreign fighters’, Chairman of the Home and trained in Yemen by Home Affairs Committee. individuals who leave their lives Affairs Committee Al Qaeda in the Arabian He also chairs the All Party in the Western world to join Peninsula, stormed the Parliamentary Group on Islamist groups in places like the internet, social media and offices of a Parisian satirical Yemen. Iraq and Syria. the ‘dark web’ to promote and magazine, killing 12 people. We are also seeing zones disseminate extremist materials After the initial attack, the of control being carved into is rapidly changing how Western perpetrators and a third the Middle East by groups like police and intelligence services assailant committed further Islamic State. The imposition protect us from terrorist acts. acts of terror, ending in two of a ‘caliphate’ across borders hostage crises. 17 innocent which in recent decades have At home people died in total. been under the cast-iron A distressing series of events In all three cases, the grip of dictators, is a startling has shaken us all in recent individuals were known to the development. months. authorities, they had all read These factors, combined • In October 2014, a clearly and absorbed extreme Islamist with the widespread use of warped individual shot and literature and undergone
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The Abdullah X cartoon, made by a former extremist, is an example of a peer-led project playing a positive role
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radicalisation. Learning from Engaging communities have. To underestimate this extremist aimed at stopping these shocking events will be As the Home Affairs Select is to ignore the importance of Britain’s young Muslims from a significant challenge for our Committee has consistently peer pressure in matters related leaving for Syria. security services. been told, unless you get to extremism, both as a positive There are certain areas Preventing individuals from communities on your side, or negative force. where people can be particularly being lured by extremism in counter-terrorism efforts will be To only look at authority susceptible to radicalisation. In the first place is the greatest extremely challenging. figures is a blinkered view of prisons particularly, there are and most important of those Quite simply, no amount engagement, though they will multiple examples of young men challenges. Stopping the of money spent on counter- obviously have some influence. coming out radicalised or further spread of extremist and insular terrorism can replace the Examples of peer-led groups radicalised, who may have been ideologies and people being significant impact that engaging playing a positive role in tackling jailed on non-violent sentences. attracted to fight for groups in with groups, individuals, extremism are very promising. The Charlie Hebdo killers had the Middle East, are concerns religious organisations and A good example is Abdullah both been incarcerated on both home and abroad. other community sources can X, a cartoon made by a former terrorism-related offences
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several times. How we engage where very real acts of horror in Africa and the Middle East. What haunts them more, is with individuals in prison, and the Middle East are promoted what to do with them if they monitor them afterwards, is a big by mimicking popular video Abroad return. question to be addressed. games or television shows. It At this time, parts of Nigeria, The unimaginable brutality One method to identify and has been common for hostage- Somalia, Yemen, Syria, Iraq, committed by Islamic State in deter possible threats at an taking or acts of violence to Pakistan and Afghanistan Syria and Iraq is shocking. This early stage, are initiatives like be revealed through slick, high have become havens for group kills indiscriminately France’s ‘Green Line’. This is quality videos posted on popular extreme Islamist organisations, and cruelly. If people who have a hotline where people can social media sites. This chillingly all of which count violence partaken in such violence are seek advice or report possible demonstrates the very deliberate and terrorism as part of their able to return to the UK, the terrorist activity. When I met intention of these groups to repertoire. threat they pose is staggering. with Nathalie Goulet, Chair of target and attract young men. These areas may be Some of those who leave the French Senate Committee The ‘dark web’ presents hundreds, if not thousands to fight for these groups have inquiry into the struggle of jihadi another new threat. This hidden of miles away, but the desire realised their error after arriving networks in France and Europe, part of the internet, estimated of these organisations to and witnessing first-hand what she said this has helped to to be anything up to 500 times specifically target the West, and they have gotten themselves prevent over 200 people going the size of the surface web, is recruit people in our towns and into. Just before Christmas to fight in Syria and Iraq. used to buy weapons, drugs, cities, makes them a clear and in 2014, 100 foreign fighters Our equivalent in the UK is fund terrorism, spread training severe threat. were reportedly killed when the ‘anti-terrorism hotline’, but we manuals for weapons and bomb Terrorist attacks across the tried to return home. perhaps do not have the balance making, and many other illicit world are orchestrated by groups Once it gets to that point, it quite right. For example, Majida purposes. operating from these remote is already too late. Removing Sarwar, a mother who informed Procysive, a US Cybersecurity areas, through individuals such the passports of these the authorities her son Yusuf had and Intelligence Firm, found over as the Kouachi brothers. The individuals may be necessary. travelled to Syria to “do jihad”, 50,000 extremist websites, over territory under their control It is more important to prevent felt betrayed by the police when 300 terrorist forums and clear provides an area where potential them from leaving in the first he was subsequently arrested sources of financing for terrorist terrorists can be trained, where place. and given a 12 year, eight month groups on the dark net. Most propaganda can be projected to sentence. She and others believe worryingly, when a site is shut the West and regions to which Regional instability examples like this discourage down (and in November 2014 foreign fighters are lured to. Just as worrying for our security others from reporting their loved alone, 400 sites were closed), is the toxic influence groups like ones to the authorities. it will often re-appear within Foreign fighters Al Qaeda and Islamic State have If we are clumsy and ham- weeks. The Institute for National Many experts have highlighted in their areas of control. handed when approaching Security Studies states that the the increasing danger posed In Yemen, Al Qaeda in the communities in terrorist dark net operates as “a virtual by foreign fighters. There are Arabian Peninsula have sown prevention, we risk being hoist terror network”. now more foreign nationals instability and chaos for years, by our own petard. It is very There is clear evidence that fighting in the Middle East than playing a major role in the recent difficult to get this balance groups like Al Qaeda in the in any conflict since World War political crisis. Suicide bombings right, but we need to engage, Arabian Peninsula, one of the Two. From the UK at least 600 and attacks occur on a daily and not alienate people in most dangerous organisations in people, and up to 2,000, have basis, as the group gets bolder these difficult situations. the world, use these services to left to fight in Iraq and Syria. and more aggressive. facilitate their actions. In 2013, According to intelligence As Chair of the All Party The internet US Intelligence intercepted estimates, Islamic State alone Parliamentary Group in Yemen, The internet, and particularly communications between Al may have up to 15,000 foreign I have a particular concern the ‘dark net’, presents a Qaeda chief Ayman al-Zawahiri fighters in their ranks. In for the people of that country, constantly evolving challenge for and Nasir al-Wuhayshi, the addition to those from the UK, and its future. I also have no intelligence services. head of Al Qaeda in the Arabian this may include up to 900 from doubts that if Al Qaeda gains in Groups like Islamic State have Peninsula, the contents of France, 550 from Germany, strength there, we will suffer the used social media as platforms which led them to shut 21 US 300 from China, 250 from consequences, and the front line for recruitment, where those who embassies across the Muslim Australia, 100 from the United will be the streets of Birmingham, have already left the West are world. States and 1,000 from Turkey. London and Leicester. used as recruiting tools, directly For these groups to co-opt What motivates somebody Recently, a particularly communicating with individuals so many people in the West is to leave their life in the West to shocking bombing at Yemen’s in the United Kingdom, France, the greatest threat to our way fight for a group which wishes Police Academy killed just under Australia etc, to convince them to of life in decades. Increasingly to establish a medieval, brutal 50 people, mainly young cadets. join them in the Middle East. however, this problem also caliphate thousands of miles There was no consideration of There has also been a very requires us to tackle these away, is the question which bystanders. As the government public ‘gamification’ of violence, groups at their root, in parts of haunts intelligence officials. in Yemen has struggled and
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found its power reduced, this to launch their vicious attack. violence in Iraq and Syria. incredibly dangerous offshoot of What is also very concerning, is Take the recent Peshawar “The ‘dark Al Qaeda has carved enclaves of that these two individuals were on massacre. Nine gunmen web’ presents the country for itself. the US ‘no-fly list’. How then, did affiliated with the Taliban For this Al Qaeda offshoot to they both fly to Yemen to receive attacked a school in Northern another new and have territory is no small threat. this training in the first place? Pakistan. 145 people were hidden threat. This group is considered the Intelligence sharing between killed, 132 of which were most dangerous organisation countries, particularly with schoolchildren. All of the men This hidden part in the world by the CIA, it has regard to no-fly lists, needs to be were foreign nationals. This is of the internet, been responsible for numerous practised more widely or we risk one of the most horrifying acts terrorist attacks and attempted these individuals falling through one can imagine. estimated to be attacks in the West, including the cracks. In this case, the I can only hope we can play a anything up to the Charlie Hebdo massacre. brothers’ inclusion in a no-fly list role in stopping similar tragedies We cannot allow such groups to was irrelevant, and they travelled from occurring in the future. 500 times the thrive in Yemen, and prey on the to Yemen unabated. Such cases size of the surface people there. undermine all of our security. Conclusion If one considers that 3,200 The globalisation of terror web, is used to Local terror, global threat British passport holders travelled groups, and their ability to project buy weapons, In a clear example of this danger, from the UK to Yemen last force, procure members and the brothers responsible for year, against all Foreign and spread information across the drugs, fund the massacre at Charlie Hebdo Commonwealth Office advice, globe, is an ever complicated and terrorism, spread in Paris, Saïd Kouachi and we should be working with evolving challenge. We know the Chérif Kouachi, had received Yemeni authorities to track these scope of the challenge and we training manuals military training in Yemen by individuals, and establish why know the danger that we face. for weapons and Al Qaeda. Despite the United they are visiting in the first place. Learning from past events States providing this information We can often forget the and acting decisively to prevent bomb making, to the French authorities, harm suffered by people in the further attacks is our first job. and many other and subsequent intelligence countries these groups operate in. Tackling the problem at its root gathering in France, this did This is clear in the political crisis will be a longer process, but a illicit purposes.” not prevent the brother’s from in Yemen, the mass-kidnappings vital one, against what is now acquiring weapons on the black by Boko Harem in Nigeria, and the greatest threats to our way market, and using their training the stonings, torture and sexual of life.
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Parliamentarian_1_2015.indb 25 24/03/2015 15:43:53 BRITISH COLUMBIA
CELEBRATING BC’S FIRST 100 WOMEN MEMBERS OF THE LEGISLATIVE ASSEMBLY
The upcoming centenary of the election of Mary Ellen Smith, British Columbia’s first woman Member of the Legislative Assembly in 1918, provides an opportunity to reflect on the remarkable contributions of the province’s female MLAs
The Honourable In April 2013 British Columbia to run in her husband’s vacated achieved an important milestone. seat following his sudden death Linda Reid With 11 women elected as first- in 1917. First elected as an has served as Speaker time Members of the Legislative ‘Independent Liberal’, she ran for of the Legislative Assembly in the province’s 40th re-election in 1920 and 1924 Assembly of British general election, British Columbia under the banner of the Liberal elected its 100th woman party of the day. Columbia since her MLA. We are also approaching As an MLA, Smith continued election to the position the 100th anniversary of the her advocacy work on behalf in June 2013. Previously, by-election victory of Mary Ellen of women, children and the she served as Deputy Smith, the first woman elected underprivileged, introducing a Bill to BC’s Legislative Assembly, in Hon. Linda Reid, Speaker calling for a minimum wage for Speaker from 2009 – 1918. of the British Columbia women that remained in effect 2013. Ms. Reid served Between 1891 and 1914, Legislative Assembly until 1972. She is additionally as Minister responsible 16 women’s suffrage bills were recognized as the first female for early childhood introduced, and defeated, in to include First Nations women member of cabinet and the British Columbia’s Legislative and men, and women and men first woman to preside over development (2001 – Assembly. Following a of Japanese descent. parliamentary proceedings as an 2005) and child care referendum on the issue I would like to take this acting Speaker anywhere in the (2005 – 2009). First undertaken in conjunction with milestone as an opportunity British Empire. elected as a Member the province’s 1916 general to celebrate the strength, In 1950 British Columbia election, in April of 1917 character, and contributions marked another first when of BC’s Legislative British Columbia became the of some of these remarkable Nancy Hodges was appointed Assembly in 1991, Ms. fourth province in Canada to provincial leaders. as Speaker of the House Reid is BC’s longest- grant women, who qualified Born and raised in England, – the first woman Speaker serving current MLA. as British subjects, the right Mary Ellen Smith immigrated in any jurisdiction in the to vote in provincial elections to British Columbia with her Commonwealth. Hodges grew and to stand for provincial husband in 1891. Smith had up in London, England, before office. While this legislation been a passionate activist on the relocating to Kamloops, BC, in heralded a great step forward drive for women’s suffrage in the 1912 to facilitate her husband’s for women’s rights, the voting province in the decades leading tuberculosis convalescence. franchise would not become up to the successful 1916 The couple moved to Victoria universal in BC until 1949, referendum, so it was perhaps in 1916, where she served as when it was finally broadened fitting when she was called upon women’s editor for the Victoria
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Times newspaper and developed Kwan and Chong became the with women also maintaining Assembly on May 28, 1996 as an increasing reputation as a first Chinese-Canadians elected a substantial and increasing a Liberal MLA. She served in women’s rights advocate. to BC’s Legislative Assembly, presence at the cabinet table. Opposition until 2001; following Hodges won a seat in the as well as the first and second Canada’s first woman premier, the general election of that Legislative Assembly 1941 and Chinese-Canadian cabinet Rita Johnston, was born in year she was appointed Deputy served as a Liberal member of ministers in the province. Saskatchewan and raised in Premier and held portfolios in the Liberal-Conservative coalition Born in Hong Kong in 1967, BC’s Lower Mainland. Prior to Education and Children and that governed the province until Jenny Wai Ching Kwan moved entering politics, she spent years Family Development, before 1951. She campaigned for the to Vancouver with her family operating a successful small deciding to take time away from rights of women workers and when she was nine years old. business in Surrey, BC, and public life to focus on her family. women’s property rights before She became Vancouver’s served two terms as a Surrey In 2011 she returned to politics her appointment as Speaker. youngest city councilor in 1993 municipal councillor – experience and was victorious in the Liberal After losing her seat in the 1953 before campaigning to become she would later put to good use Party leadership race following provincial general election, the New Democratic Party MLA as Minister of Municipal Affairs. the departure of Liberal Party Hodges was appointed to the for Vancouver-Mount Pleasant Johnston was first elected as leader and Premier Gordon Senate of Canada, becoming the in 1996. During her first term a Social Credit party MLA for Campbell. Clark was sworn in first BC woman to sit in Canada’s in office, Kwan became BC’s Surrey in 1983. In addition to as Premier on March 14, 2011. upper chamber. first Chinese-Canadian cabinet serving as Minister of Municipal In 2013 she surpassed another A generation later, another minister, holding portfolios in Affairs, where she received milestone, becoming the first pioneering immigrant arrived Municipal Affairs; Women’s plaudits for her competent woman in BC to lead a party to in Montreal. Rosemary Brown Equality; and Community administration from colleagues victory in a provincial general emigrated from Jamaica to Development, Cooperatives across the political spectrum, election. She currently serves as attend McGill University in and Volunteers. she also spent time as Minister BC’s second and longest-serving 1951. After moving west, she A daughter of a Chinese of Transportation and Highways, woman Premier. served as ombudswoman for immigrant mother and second- Minister of State for the Today, 31 of BC’s 85 MLAs the Vancouver Status of Women generation Chinese-Canadian Kootenay Region, and Deputy are women, including eight of Council before becoming thexxxxxx first father, Ida Chong grew up in Premier. Johnston was appointed 20 cabinet ministers. At the African-Canadian woman elected Victoria, BC. She spent close Premier on April 2, 1991, after Legislative Assembly, four to a provincial legislature in to 20 years as senior partner in the Social Credit caucus selected of eight active committees Canada, as the New Democratic an accounting practice and one her to succeed Bill Vander Zalm. (including the Legislative Party MLA for Burrard in 1972. term as a municipal councilor In 2003 the BC New Assembly Management In addition to being prior to her successful 1996 Democratic Party elected its Committee) are chaired by recognized as the first visible campaign to represent Oak first woman leader, Carole women. I am honoured to serve minority woman elected to Bay–Gordon Head as an MLA James, who also made history as Speaker, and the longest- the BC Legislative Assembly, for the Liberal party. by being the first woman to serving current MLA, at a Brown was also the first African- The novice MLA was serve as provincial Leader of time when the Speaker, the Canadian woman – and only appointed official opposition critic the Official Opposition. James Lieutenant Governor and the the second woman, after Mary for small business and deputy has dedicated much of her Premier are women, and when Walker-Sawka in 1967 – to run critic for finance during her first life to public service, holding both parties with official status for the leadership of a national term. After the 2000 general positions with the Greater in the Legislative Assembly have party in Canada, finishing election resulted in the Liberal Victoria School Board and as been led by women. second in the 1975 New party forming government, she vice-president of the Canadian One of my greatest Democratic Party leadership held a variety of cabinet positions, School Boards Association, privileges as an elected MLA campaign. In 1986, after serving including community, sport and and she also served an is to meet with students and three terms as an MLA, Brown cultural development; science unprecedented five terms as young people and speak with left provincial politics, returning and universities; healthy living President of the BC School them about how they can to work in academia, with and sport; and small business. Trustees Association. She was contribute to making BC a international aid organizations, In recent decades BC women Director of Child Care Policy more prosperous and secure and as head of the Ontario have proven themselves as in the BC government for province. Our first 100 woman Human Rights Commission. leaders in virtually all of the two years, and served on the MLAs provide a rich diversity MLAs Jenny Wai Ching province’s top posts. Women Greater Victoria Region Social of role models of leaders who Kwan and Ida Chong were have led all of the province’s Planning Council, the City of have worked hard to make BC both first elected in BC’s major provincial parties. Four Victoria Parks and Recreation a better place. Their record and 1996 general election, almost women have been elected Committee, and the Task Force achievements serve to inspire 50 years after a 1947 law Speaker of the House, two have on Violence prevention. young people – and all of us – extended the voting franchise been appointed Lieutenant British Columbia’s current to continue their work to make to women and men of Chinese Governor, and two have served Premier, Christy Clark, was first a positive difference in our and South Asian backgrounds. as Premier of the province, elected to the BC Legislative communities.
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Parliamentarian_1_2015.indb 27 24/03/2015 15:43:53 PUBLIC AC C O U N T S
STRENGTHENING FINANCIAL SECURITY
The Commonwealth Association of Commonwealth Public Accounts Committees (CAPAC) aims to strengthen PACs across the Commonwealth, contributing greatly to the promotion of good governance.
Hon. Tonio Fenech the trust of citizens in the MP is chairman of integrity of government, through Public Accounts Committees Malta’s Public Accounts that are effective, independent Committee. Currently in and transparent.” opposition, he served The institution of the as Minister of Finance, Public Accounts Committee is over 150 years old – the Economy and Investment first having been created in until 2013. the UK Parliament as part of Gladstone’s reforms in 1861 – Hon. Sen. Raziah The Hon. Tonio Fenech of and is now a hallmark feature The Hon. Sen. Raziah Ahmed of Malta of the Westminster system Trinidad & Tobago Ahmed is Minister shared by Commonwealth of State, Ministry of At their November 2013 parliaments. Each parliament’s know that in all our countries Gender, Youth and Child meeting in Sri Lanka, the PAC will, since its creation, too many members of the Development in Trinidad Commonwealth Heads of have developed and operated public distrust politicians; Government emphasised against a backdrop of huge increased transparency and and Tobago and President the critical importance of expansion in the concept of rigorous scrutiny of government of the Senate. She was the institution of the Public public service spending. In order expenditure by Parliament, a member of the Public Accounts Committee (PAC) to to keep pace with this fast- with findings that are then Accounts Committee until good governance and healthy changing landscape of public given due weight by executive democracy. Clause 46 of their administration, PACs must departments, are one method March this year. communiqué read: “Heads of constantly adapt and improve we can use to try to restore Government further reaffirmed performance to continue to public confidence in politics. that strong and independent realise their purpose of good These challenges and Parliamentary oversight plays governance and accountability. so many others we face are an important role in preserving Furthermore, parliamentarians mutual. An uncooperative
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Rigorous scrutiny of expenditure is vital to increase trust in the political process Shutterstock
executive government; an and clerks interested in for endorsement by national under-resourced supreme these issues, of which we are PAC representatives attending “In order to keep audit institution; an inadequate co-chairs, met to initiate a the fifth Westminster statutory framework; Commonwealth Association of Workshop later in the year. pace with this unresponsive media; these are Public Accounts Committees These representatives will fast-changing issues with which we know (CAPAC). We envisage that also elect a new Executive many of our PAC colleagues CAPAC will, among other Committee to replace the landscape across the Commonwealth will things, provide support to steering group and lead of public be painfully familiar. Sharing existing regional PAC networks, the future development of best practice and personal produce learning resources for CAPAC. administration, experience of these common dissemination to parliaments, We hope that by the time PACs must challenges can hugely improve produce technical co-operation of the CHOGM, in November our ability to respond to them programmes specifically aimed 2015, in Malta, the Heads of constantly adapt and thereby enhance our work at PACs and arrange regular Government will reaffirm their and improve as PAC members. contact between PACs. November 2013 declaration, The Westminster Workshop Still in its nascent stages, recognising that effective performance series, organised by the CPA CAPAC’s steering committee steps are being taken through to continue to UK branch and now entering its met again in January 2015 in CAPAC to strengthen PACs fifth year, has demonstrated the London to scope in greater across the Commonwealth. realise their practical value of knowledge- detail the objectives, functions, We believe CAPAC will be purpose of good sharing and capacity-building as well as organisational a vital tool for realising the programmes for PAC Members. structure and membership for Heads of Government’s governance and At the most recent Westminster the association. The outcomes declaration on PACs, and that accountability.” Workshop in London in June of the discussions will form it can contribute greatly to the 2014, an informal steering a basis for a draft CAPAC promotion of good governance committee of PAC members Constitution to be presented in Commonwealth countries.
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Parliamentarian_1_2015.indb 29 24/03/2015 15:43:57 INDIA: CODES OF CONDUCT
ALL INDIA CONFERENCE OF WHIPS: CODE OF CONDUCT
The 16th All India Conference of Whips was held in Goa on 13 and 14 October 2014
Vivek K. Agnihotri In the parliamentary form The conference usually makes a is a former Secretary- of government, the Whips number of recommendations for General of Rajya Sabha, constitute a vital link in the smooth and efficient functioning internal organization of political of the Parliament and the State Parliament of India. parties in the legislatures. The Legislatures, in the light of the term Whip is derived from experience gained by the Whips. the expression ‘Whipper-in’ The 16th All India employed by a huntsman to Conference of Whips was held keep the hounds within the from 13 to 14 October 2014 field. In this context, the Oxford in Goa. The eight-point agenda Dictionary defines a Whip as for the conference included: a member of a particular party Vivek K. Agnihotri Codification of Privileges, whose duty is to secure the Taking up Private Members’ Bills attendance of the members of and Resolutions for a full day her/his party in the parliament Legislatures. Accordingly, the every week, Code of Conduct on the occasion of a vote after first Conference of Whips was for Legislators, Ensuring a discussion, say, on a Bill, or held as early as in 1952, the Discipline and Decorum in the a division, as it is technically year in which the first elections Houses, Floor Management in described. to the Indian Parliament the House and the Increased In view of the important were held after India gained Role and Accountability of role played by the Whips in independence in1947. All India Whips, Ways and Means of the smooth functioning of Conferences of Whips have Ensuring Continued Presence the Parliament, the Indian been organized thereafter of Members in the Houses government decided to provide from time to time at intervals and Increasing the Volume a forum for periodical meetings of one to 12 years. These of Transaction of Business, and mutual exchange of conferences are organized by Professional Training and views among the Whips of the Ministry of Parliamentary Research Assistance for Parliament as well the State Affairs, Government of India. Legislators and e-Parliament/
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Legislatures through Increased “In a study have very specific provisions, by the Committee has been Use of Information and vide Rule 235 (Rules to be prescribed, at the end of which Communication Technology. conducted by observed in Council) and Rule the Committee can recommend On the opening day of the the Rajya Sabha 238 (Rules to be observed any of the following sanctions: conference, the headline in a while speaking). Inter alia they (i) censure; (ii) reprimand; (iii) prominent Indian newspaper Secretariat in prescribe that a Member shall suspension from the House screamed: ‘Modi Government 2009, it was not obstruct proceedings, hiss for a specific period; and (iv) to formalize code of conduct for or interrupt and avoid making any other sanction determined MPs’. Actually, the functioning pointed out running commentaries when by the Committee to be of the Indian Parliament, in that instances speeches are being made in appropriate. In the past, the recent times, has been a the Council, shall maintain Committee has recommended matter of concern with all of interruptions silence when not speaking, shall expulsion of a Member from stakeholders. I shall, therefore, and disruptions, always address the chair, shall the House. The Report of the discuss the Agenda Item of the not use his right to speech for Committee is placed before the conference relating to the ‘Code leading the purpose of obstructing the full House for adoption through of Conduct for Legislators’, sometimes even business of the Council, shall not a motion for its consideration. which subsumes several issues utter treasonable, seditious and The Rajya Sabha Rules also such as ensuring discipline to adjournment of defamatory words and so on. empower the Chairman to direct and decorum and presence the proceedings The Rajya Sabha Rules a Member to withdraw from the of members in the Houses, further have a section titled House or even to suspend him/ among others. The media in the House Committee on Ethics (Rules her for a period not exceeding has reported that the Whips’ have increased 286-303). This Committee on the remainder of the session, in conference expressed concern Ethics is inter alia required to case he/she indulges in grossly over the growing indiscipline in recent times. oversee the moral and ethical disorderly conduct. and lack of decorum in the It bemoaned conduct of Members and Rules of Procedure and Houses and recommended that prepare a Code of Conduct for Conduct of Business in Lok some sort of Code of Conduct that instances of Members. The Committee has Sabha (the House of the People was considered desirable for disturbances and accordingly prepared a Code or the Lower House) too have maintaining discipline and of Conduct, which was adopted similar provisions, more or less. decorum. pandemonium by the Rajya Sabha as far back Its Code of Ethics lists nine In a study conducted by have become as in 1999. It is a 14-Point General Ethical Principles, the Rajya Sabha Secretariat in Code, which has two omnibus namely accountability, honesty, 2009, it was pointed out that a regular and comprehensive provisions, integrity, objectivity, openness, instances of interruptions and phenomenon.” namely: public interest, responsibility, disruptions, leading sometimes “(i) Members must not do selflessness and leadership. even to adjournment of the details the Guidelines. For anything that brings However, so far the Lok Sabha proceedings in the House example, ‘The Handbook of disrepute to the Parliament does not have a permanent have increased in recent the Rajya Sabha’ (The Council and affects their credibility. Ethics Committee. In case a times. It bemoaned that of States or the Upper House) “(xiv) Members are expected to complaint of misconduct by instances of disturbances and has three sections (2.2 to 2.4) maintain high standards of a Member is received by the pandemonium have become a entitled Parliamentary Customs morality, dignity, decency Speaker, he/she may appoint regular phenomenon, resulting and Conventions (14 items), and values in public life.” a Committee to examine and in wastage of resources. Parliamentary Etiquette (43 The other items of the code investigate the matter and However, as far as seeking items), and Code of Conduct address issues such as conflict submit a report. Unlike the a solution to this problem is for Members (14 items). These of interest, illegal gratification, Rajya Sabha, the Rules do concerned, there is no dearth guidelines are broadly based gifts, disclosure of confidential specifically provide for expulsion of resolutions, rules, regulations and expand on the Rules information, secular values, as a punishment. Moreover, in and guidelines, and even a and Procedures prescribed fundamental duties enumerated addition to the power of the so-called Code of Conduct, for by the ‘Rajya Sabha Rules of in the Constitution of India etc. Speaker to direct a Member to this purpose. Actually, the Code Procedure and Conduct of The Committee on Ethics withdraw or to suspend him/ of Conduct goes beyond the Business in the Council of is empowered to examine her for disorderly conduct, there conduct of Hon’ble Members of States’ and the rulings given cases concerning the alleged exists a provision for automatic Legislatures within the precincts by the Chair from time to time breach of the Code of Conduct suspension in the event of of the House. [‘Rulings and Observations by Members as also cases grave disorder occasioned Let us first look at the rules from the Chair (1952-2008’)]. concerning allegations of any by a Member coming into the and guidelines in this regard. Thus there is a modicum of other ethical misconduct by well of the House etc. If the As reported, the ‘Handbook for codification already. The Rajya Members. A detailed procedure circumstances so warrant, Members’ of the two Houses Sabha Rules mentioned above for conducting the inquiry “such member shall, on being
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The gates to Parliament in New Delhi
named by the Speaker, stand the First All India Conference adopted a Resolution on the provisions, bring a legislative automatically suspended from of Presiding Officers, Leaders occasion of the Golden Jubilee proposal in the shape of a Bill the service for five consecutive of Parties, Ministers of of Independence, which stated to be passed by the Parliament. sittings or the remainder of the Parliamentary Affairs, Whips and that Members should refrain But, would it be desirable or Session, whichever is less” (Rule Senior Officers of Parliament from “transgressing into official acceptable? 374A of the Rules of Procedure and State Legislatures adopted areas of the House, or from References and Conduct of Business in Lok a resolution which inter alia any shouting of slogans, and 1 Agnihotri, Dr. V. K. (Ed.) (2004) Handbook on the Working of the Sabha). Even though this Rule stated that “Members should invariably desist from any effort Ministry of Parliamentary Affairs. New was added to the Rule book scrupulously observe the Rules at interruption or interference Delhi: Concept Publishing. through an amendment as early of Procedure in order to maintain with the address of the President 2 Lok Sabha (2008) Second Report of the Committee to Inquire into as in 2001, it was invoked first order and decorum in the House” of the Republic”. The prescription Misconduct of Members of Lok Sabha time in 2013. and that “the political parties speaks volumes about the (Fourteenth Lok Sabha) on Various Against this backdrop, it is evolve a code of conduct for malady itself. Facets of Misconduct and Basic Attributes of Standards of Conduct not quite clear as to what more their legislators and ensure Finally, the Rules of / Behaviour expected of Members. is sought to be achieved by observance by them”. Almost ten Procedure of the Parliament and New Delhi: Lok Sabha Secretariat. the recommendation made by years later, a similar conference Legislatures, including the Code 3 Lok Sabha (2009) Rules of Procedure and Conduct of Business the Whips’ Conference held held in 2001, adopted a of Conduct of parliamentarians in Lok Sabha. New Delhi: Lok Sabha recently with regard to ‘Ensuring resolution which spelt out in and legislators, are matters Secretariat. Discipline and Decorum in the detail the need for adopting and to be decided by Parliament 4 Rajya Sabha (1999) Ethics Committee: First Report. New Delhi: Houses’, and ‘Code of Conduct enforcing a Code of Conduct for and the State Legislatures Rajya Sabha Secretariat. for Legislators’. As a matter Legislators to be incorporated as autonomous institutions 5 Rajya Sabha (2010) Rules of of fact, in the past too the in the Rules of Procedures of of a democratic system. It is, Procedure and Conduct of Business in the Council of States (Rajya Whips’ Conferences and other the respective Houses and duly therefore, not at all clear as to Sabha). New Delhi: Rajya Sabha parliamentary forums have, punishing those found to be what the government proposes Secretariat. on various occasions, passed violating or breaching the Code to do in the matter. It can, of 6 Secretary-General Rajya Sabha (2009) Parliamentary Procedures: several pious resolutions. For of Conduct. course, in order to give a more Problems and Perspectives. New example, as early as in 1992, In 1997, the Rajya Sabha formal structure to the existing Delhi: Rajya Sabha Secretariat.
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Parliamentarian_1_2015.indb 32 24/03/2015 15:44:02 HostSABAH to the 2015 CPA Mid-Year Executive Committee
PLUS Unity in Tourism and forest Moving forwards The evolution of diversity conservation in the Sabah the Sabah Legislative Legislative Assembly Assembly PAGE II PAGE IV PAGE VI PAGE VIII
Parliamentarian_1_2015.indb 1 24/03/2015 15:44:03 UNITED MALAYSIA
UNITY IN DIVERSITY
National unity in Malaysia has encountered some setbacks but, looking forward, The 1Malaysia concept introduced by Prime Minister Dato’ Seri NajibRazak is widely seen as a great progression to further strengthen integration of different cultures
Hon. Datuk Dr When we speak of unity in As a country of diverse races, Johnson Tee JP is a Malaysia, we will be thinking of cultures and religions, Malaysia is all races living together hand- unique in proving how its diversity Chartered Logistician/ in-hand in harmony. To most can be united and harnessed Maritime Lawyer. He holds Malaysians, the spirit of fraternity for nation building. Despite the a PhD degree in Maritime amongst the many races is different political ideologies and Law from St George’s merely one speck of the larger contrasting view and opinions, spectrum of unity. we have been able to respect University, UK Branch Unity must be galvanized with and appreciate one another. We Campus and a Master of sincerity and supported by the were able to conduct 13 general Laws degree (LLM) from likes of unity in education, cultural elections peacefully without the University of Wales, appreciation, socio-economy, Hon. Datuk Dr Johnson Tee bloodshed. political and regional matters. Despite the fact that we have Cardiff, UK. He is a Fellow Indeed the need for all those sort been a harmonious society, of the Chartered Institute of unity is imperative in Malaysia’s independence in August 1957, we cannot simply rest on our of Logistics and Transport current situation. Malaysia is it has remained peaceful without laurels on the issue of national (or CILT) London, UK and a not only made up of the Malays, facing major security threats that integration. It is necessary Chinese, Ibans, Kadazandusuns could jeopardize its stability, peace for us to further enhance and qualified Corporate Trainer and Indians. It includes the and harmony except for the 13 strengthen our inter-racial validated by the Australian Peninsular and East Malaysia, the May 1969 racial riots and the understanding and trust for Government and rich and the poor, the government recent LahadDatu, Sabah terrorist one another notwithstanding YayasanPelajar Malaysia. and the opposition, the educated incursion. whatever differences exist. and those who are not, white- Today, we stand out in the We shall continue with greater Johnson is a lecturer in collar and blue-collar workers, the world as an example of how fervour and determination to logistics management young and the old, urban dwellers different ethnic communities can strive towards building our courses and motivation and village folks, to name the few. live in peace and harmony and multi-racial nation into a united Malaysia takes pride in the fact work together for the progress Malaysian nation with a sense of that ever since our Nation secured and well-being of the nation. common and shared destiny.
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Parliamentarian_1_2015.indb 2 24/03/2015 15:44:03 FOCUS ON SABAH
National Integration, a without discrimination, we are strengthen national integration. positive aspect is a very broad Malaysians fi rst and foremost The principles of 1Malaysia statement and vital for our before we are anyone else. That Foundation encourage public survival. It reduces socio-cultural means we celebrate our cultural, discussion and participation and economic differences or racial, language, food and other in critical social development, inequalities and strengthens diversities, knowing fully well that public issues and programmers. national unity and solidarity, we are inextricably linked and Essentially, 1Malaysia which is not imposed by any belong to one nation, in spite of Foundation takes every step authority. People share ideas, our various backgrounds. We not possible to help achieve a truly values and emotional bonds. only accept our differences, we united Malaysian nation. It is the feeling of unity within recognize that as our strength. The gap between the more diversity. Being a pluralistic What has prevented national affl uent urbanites and the society, it is normal that different unity strengthening further is that seemingly hard up rural folks also interest groups may start we have stressed our differences Malaysia should also be enriched needs attention. The disparity identifying themselves, and as divisive forces and failed to by the merger of the myriad of between the two categories of pressing their cases for a better cultivate it as strengths? Not cultures available in Malaysia. people could be redressed by place in the society. Sometimes only do we not celebrate our That means performance arts means of certain revamps in the political circumstances differences we have become and music must be concertedly areas of education and economy. can widen the sphere of such intolerant of them. Many encouraged to portray the Many Malaysians agree to the thinking making an interest differences have been raised essence of unity of Malaysian suggestion that the teaching of among the division wanting in the media to such an extent race tries to achieve. English must be more thorough to know more about the roles that we negotiate for everything Since 1955 when we and progressive in rural areas. they are playing. To achieve its based on race, language and successfully established the This is to give the students a ideal, the country has to pool religion. If that is not enough, government of Malaya, our better footing in competing with resources, via human capital, quotas, jobs opportunities and leaders fi rmly believed political their urban peers. Economic cultural, religious, scientifi c and education, equity stakes – all of cooperation and understanding opportunities in villages and natural resources to achieve these are being split up on the to be crucial to ensuring stability other rural areas should also be oneness in all spheres of life of basis of race with political parties and national unity. Hence political increased as it will help to raise the citizens of the country so that representing, basically, races. cooperation through a consensus the living standards of villagers the progress can be realized. Where have we gone wrong? within the alliance of several without having to move to the city. With the progress, Malaysians Malaysians should not be political parties, expanded with We share our similarities, can enjoy fruits of prosperity thinking as Sarawakians or the establishment of the Barisan and at the same time celebrate and happiness, living in harmony Kelantanese or Sabahans, National (BN) or National Front our differences. We believe that irrespective of the race, creed, instead, we should be thinking in 1971. Today BN represents this is the best monument we language, religion and cultural and moving forward as the various ethnic interests in the can erect for a greater Malaysia leanings professed by each one Malaysians. The policy should ruling government. nation. of them as individuals. promote greater co-operation The 1Malaysia concept Reference: Malaysia is a federation of between our regions and improve introduced by Prime Minister 1) Malaysia’s Unity & Its 13 states and three federal on the integration of the people. Dato’ Seri NajibRazak is Challenges by Tan Sri Lee Lam territories. The development so Arts and other cultural aspects of a brilliant step to further Thye far has been rather imbalanced with most of the wealth centred Sabah Tourism Traditional dress on certain urban areas. Many other states register signifi cant numbers still living under the poverty line. In order to obtain better distribution of national wealth, the relationship between state and federal government needs to continuously and signifi cantly improve. Political differences between the political leaders should not hinder the best interests of the people. To most Malaysians, national unity centres on the feeling that we all belong in every sense of the word. Equally, and
The Parliamentarian | 2015: Issue One - Sabah | III
Parliamentarian_1_2015.indb 3 24/03/2015 15:44:05 FOREST CONSERVATION
SABAH’S TOURISM AND FOREST CONSERVATION
Sabah is turning to the tourism sector to replace forestry as one of the main contributors to the economy
Hon. Datuk Joniston Recognising that protecting determined to ensure that Bangkuai is a first- the forest is crucial, and runs 53 per cent of the 3.9 million parallel with efforts to promote hectares of land in Sabah will term Sabah State tourism, the Sabah Government remain under forest cover. Legislative Assembly has put forest conservation at The protected areas include member representing the top of its agenda. forest reserves, parks, wildlife the constituency of Kiulu. With its timber revenue sanctuaries and wildlife declining as it focuses conservation areas. He is deputy chairman on reversing the trend of All these efforts have helped of the Sabah Legislative deforestation, Sabah is turning placed Sabah on the global Assembly Back Benchers to the tourism sector to replace map, with international non- Club and sits on the Public forestry as one of the main Hon. Datuk Joniston Bangkuai governmental organisations contributors to the economy. acknowledging the state’s Accounts Committee. He Sabah is well aware that seriousness in protecting its is also chairman of the discerning tourists will prefer the reduction of the productive forests and conserving the Sabah Tourism Board places where environmental capacity of forests. environment. conservation is given top priority. Such dependence, coupled This, in turn, has generated Sabah’s revenue from timber with past logging practices interest from foreign visitors, production has plunged from that were not environmentally as evident from the increasing more than a billion Malaysian friendly and compounded by number of tourist arrivals. In ringgit a year at its height to forest fires, resulted in the 2013, Sabah recorded more less than 100 million ringgit a degradation of Sabah’s forests than 3.3 million visitor arrivals, year, as production from natural and prompted the enforcement generating tourism receipt of forests has drastically declined. of strict management of the 5.56 billion ringgit. Between 1970 and 2000, forest using proper methods, It is heartening to note that the state depended heavily including practices certified by the success boils down to the on timber revenue to support international organisations. fact that the tourism industry development, which resulted in Sabah is committed and in Sabah follows the direction
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Sabah’s commitment to forest conservation has drawn global interest Sabah Tourism
of ‘Responsible Conservation Malaysia being noted as one of difficult decisions the State than 840,000 hectares of forest Tourism’, a concept that allows the 12 mega-biodiversity hot government had to make. under some form of certification, tourists to re-discover and spots in the world. This was due to the fact that including recognition from the experience nature and wildlife. As a rapidly developing state, Sabah was hugely dependent Forest Stewardship Council Widely known as ‘the Land Sabah is aware and concerned on timber for revenue, and (FSC) certification scheme. Below the Wind’, (because it is about environmental protection opting for sustainable forestry It is also worth noting that, below the typhoon belt), Sabah and ensures that these aspects management meant making through strict enforcement of has unique nature-tourism are taken into consideration sacrifices such as losing short- the laws, illegal logging activities qualities as the state is rich and integrated in development term monetary gains, and doing in Sabah have been greatly in biodiversity, contributing to planning and exploitation of away with old ways of logging. reduced. Completely stamping natural resources in line with Despite uncertainties when out the problem is a top priority “Illegal logging sustainable development the state embarked on the bold of the government. activities in principles. decision to push for a sustainably The state is also placing Credit goes to the Chief harvested forest, it has passed great emphasis to the protection Sabah have been Minister of Sabah Datuk Seri the litmus test and has proven of High Conservation Value greatly reduced, Musa Aman, who has been the the doubters wrong. Forests, which are home to driving force in galvanising an all The leadership of the diverse wildlife and plants, and and completely out effort to protect forests and state government deserves also serve as watersheds. stamping out the the natural environment. commendation for its political The Sabah Government has will and action in implementing gazetted 240,000 hectares in Ulu problem is a top Sustainable harvest programmes and initiatives Segama Malua Forests Reserve priority of the Switching from conventional to protect and conserve the specifically for wildlife. The area logging to sustainable harvesting environment. is noted for its large population of government.” was perhaps one of the most To date, Sabah has more Orang Utan and elephants.
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Parliamentarian_1_2015.indb 5 24/03/2015 15:44:08 LEGISLATURE
SABAH STATE LEGISLATIVE ASSEMBLY NEEDS TO MOVE FORWARDS
Greater resources for the opposition and a role for the State Assembly in the appointment of the Speaker and Deputy Speakers would benefit the parliament and the people
Hon. Dr. Edwin It is an honour to be able to member in the Sabah State @ Jack Bosi is contribute an article to The Legislative Assembly with me Assemblyman N. 19 Parliamentarian. As one of as the Party whip. The other 12 opposition lawmakers, opposition lawmakers are from Kapayan in the Sabah I was excited to have been Parti Keadilan Rakyat (PKR) State Legislative Assembly chosen to share my views and with five seats, and one from experience as a lawmaker in State Reform Party (STAR). Sabah. The assurance that I As first term assemblymen, could write without restriction we do not have much knowledge as an opposition Member of or experience with the working the House is proof that we in Hon. Dr. Edwin @ Jack Bosi of the Sabah State Legislative the Sabah State Legislative Assembly. But, as the Party Assembly practise the very tenet secretary, I took time to follow of democracy as we see it. Jimmy Wong Sze Phin won the my Party Chairman and lone I won the State seat of N.57 Sri Tanjung seat which opposition assemblyman Jimmy N.19 on 5th May 2013 in the sent him to the Assembly as Wong to the Assembly sittings. 14th State Election under the sole opposition lawmaker. By sitting and watching the the Democratic Action Party History was made when I won Assembly in sessions I picked (DAP), a national multiracial and entered the Assembly as up many points, which put political party established in the first native Kadazan DAP me in a comfortable position 1965. DAP made history when, lawmaker in Malaysia. Today when I became a lawmaker, in 2008, the party’s candidate DAP has three legislative and I would certainly like to
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recommend those who are keen appointment of the Speaker issues of their constituencies their constituencies better. We to be lawmakers to attend the and Deputy Speaker is carried during the sessions. What it are not provided with research Assembly sessions. out by the Tuan Yang Terutama means is that the problems or the assistants or funding for our The briefing by the Assembly Yang di Pertua Negeri, who is requests from their constituencies service centres. In short, the Secretary before the start of the governor of the State of will not be heard or raised in the opposition should be given the first sitting on the rules and Sabah. It would better if both House. It might also be fairer if the same treatment as their procedures under the Standing the positions of the Speaker the Deputy Speaker of the Sabah counterparts in the government. Orders of the Legislative Assembly and Deputy Speakers were to Assembly was not from any This is to ensure equal respect was a good start. The materials be cast by votes in the State political party. This would avoid and fairness to all members given to us were helpful especially Legislative Assembly soon conflicting statements made irrespective of their political the Standing Orders of the Sabah after each general election. By outside and within the House by belief. After all, at the end of the Legislative Assembly. Knowing the this procedure the Speaker the Deputy Speaker. day it is the people who benefits Standing Orders is compulsory, and Deputy Speakers would The Sabah State Legislative from the service of an effective and it can differentiate the quality be directly responsible to the Assembly should provide more lawmaker/member. of one lawmaker to another. I have State Legislative Assembly. The facilities to opposition lawmakers I believe this will change a feeling of satisfaction when I can position of the Speaker must now that the opposition law- as the opposition gathers prove lawmakers’ errors as far as be separate from that of the makers are larger in number. more lawmakers. After all, the the standing orders are concerned. lawmaker/member. In other There is a need for a proper opposition today is a government As an opposition member, words, they should be either a office for the opposition leader. tomorrow. It is in the best interest I would like to see changes in Speaker or a lawmaker/member Other amenities such as an of the people and the state if the the Sabah Assembly through and not both. official vehicle for the opposition opposition members play the the appointment of government I can see that being a leader and a permanent role expected of them. The State lawmakers or political party lawmaker and a Speaker at the opposition meeting room, for Legislative Assembly is where leaders. This is especially to same time could mean that one the opposition members to laws are made, amended or even do with the appointment of the may not be able to raise issues discuss issues before sessions removed. I would like to see presiding officer or Speaker affecting his or her constituency start, are something that needs more time spent and more lively or Deputy Speakers. To this during assembly sittings. I also to be considered. Development debate in the Assembly. I will effect, changes to the State see the same when lawmakers funds should also be given to contribute as best I can, knowing Constitution are necessary are Ministers or Assistant opposition members in order that my legacy is recorded and whereas, at the moment, the Ministers where they do not raise for them to serve and service kept in perpetuity in Hansard.
The Sabah State Legislative Assembly CEphoto; Aranas Uwe CEphoto;
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THE EVOLUTION OF THE SABAH STATE LEGISLATIVE ASSEMBLY
Sabah is the second largest state in the Federation of Malaysia with a legislative assembly whose origins can be traced back to 1883
Introduction (2010 census) is relatively Datuk Bernard J. The state of Sabah is small compared to the national Dalinting is Secretary synonymous with the phrase population of 30,267,367 (2014 of The Sabah State “Land Below the Wind” a term estimation) but is the third most Legislative Assembly used by sailors in the 1930’s populous state in Malaysia after and made famous in a book by Selangor and Johor. Sabah has author Agnes Keith of the same about 35 ethnic groups such title to describe the then British as the kadazandusun , bajau, North Borneo as that area of Chinese, Murut, Brunei malays, land South of the typhoon belt. and others each with their Geographically, it is located distinct different languages, at the Northern portion of Datuk Bernard J. Dalinting customs and traditions but the island of Borneo the third living harmoniously with each largest island in the world at other. Sabah is blessed with 5° 15’ and 117° 0’E boarding Comparative to its land size, diverse landscape of tropical to the east the Philippines and Sabah is considered to be forest, rugged mountains, green the South the rich oil nation of sparsely populated with the flatlands and pristine seas Brunei, Sarawak and Indonesian most populous areas in and teaming with indigenous flora Kalimantan. around the capital city of Kota and fauna of which can only be With a total area of 73,631 Kinabalu in the west coast, found in this part of the world. KM (28,429 sq. miles) Sabah the municipality towns of Mount Kinabalu the highest is the second largest state in Sandakan and Tawau in the mountain in South- East Asia the Federation of Malaysia east of the state. Its population stands at 4,093 meters above after the state of Sarawak. of 3,206,742 million people sea level. Sabah has a tropical
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an opportunity to voice and Mount Kinabalu the highest address issues raised by the peak in South East Asia. local communities. These issues would later be taken up to the Governor for consideration and deliberation. Amongst the earliest laws that were passed by this legislative council that are worth noting are the Currency Ordinance of 1889, Shipping and Flags Ordinance of 1903, and Labour Contracts Ordinance of 1908 and many more. The first Land Ordinance was proclaimed in 1913 and was to form the basis and foundation of an improved Land Ordinance of 1930. The administrative structure in the North Borneo which slowly took shape help to formulate ideas and policies of how a piece of legislation was to be enacted and enforced. The administrative structure consisted of a European hierarchy at the top i.e. the Governor, the Legislative Council and the various government departments, and at the regional level, the Residents, the District Officers and Assistant District Officers. climate, hot and humid. However assist in his responsibilities. proposed that a more permanent This administrative structure at higher elevation especially Initially an Advisory Council was body called the Legislative was to form the basis of the the Mountain a long the Crocker mooted which was to consist Council be established in government of Sabah before range the interior districts of of native representation. The Sabah to frame laws for the and after independence on 31st Ranau and Tambunan the Governor had other ideas and state. However there was no August 1963 and thereof up to temperature is refreshingly instead formed a Legislative suggestion as to the inclusion the formation of Malaysia on 16 cool and cold at night. Mount and Executive Council similar of native representation in the September 1963. Kinabalu has its own climate in format to the existing in Legislative Council. In 1912 a and temperatures can drop to the crown colonies. So not Legislative council consisting Legislative structure freezing point at night. surprisingly the council of the of six officials and three The major transformation in East Coast consisted mainly Europeans unofficial members the structure from a Legislative The Assembly of ex-officio members with the was established met regularly Council to a new Sabah State The history of the current State governor as chairman of the for the purpose of Legislation. Legislative Assembly is very Legislative Assembly can be council. In 1885 a Consultative In the same year the Legislative significant and apparently traced back to the earlier part of Council for the whole state Council was formed, an Advisory different from that of the 1883 when Sir W.H. Treacher was formed. However the Council for Native affairs was Legislative Council. The the first Governor of North Consultative Council functioned also established as a means new structure signifies a Borneo (1881 – 1887) formed irregularly. The members to actively involving the Native quantum leap departure from a what was called the council of consisted solely of Europeans Chiefs in the administration Legislative Council dominated the East Coast. The reasons namely the Governor, the of the respective districts. The by appointed members who form the Council was that the Residents, Heads of Department establishment of the Advisory were non local to that of local East Coast Residency was and an unofficial representative Council was an important step elected members although rapidly progressing and with the from the China Bakes Company in the history of North Borneo members were only elected formation of the Council it would In 1911, Sir Richard Dane as it provided for the first time to the Sabah State Legislative
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Assembly in April 1967 four may upon advice from the Chief Parliaments, the Speaker is of democracy in Sabah as years after the formation of Minister may appoint six people always elected by members on the Speaker is not subjected Malaysia. For the first time as nominated members of the the first sitting of its parliament to the possibility of a non- in the history of the State of State Legislative Assembly. soon after a general election. confidence vote by members. Sabah the people of Sabah were These nominated members However, in the state of Sabah His position in the Legislative able and given the opportunity usually comes from the minority the Speaker is not elected by Assembly is neutral although to vote for their leaders and communities in Sabah. After the the House but appointed by some critics questioned the representatives in the new State 13th state general election the the Yang di-Pertua Negeri i.e. appointment of the Speaker and legislative Assembly. Initially the Barisan National coalition won the Governor under Article 15 Deputy Speakers as political. State legislative Assembly has 48 seats whilst the opposition of the State Constitution. This The Speaker is guided by the 32 members but were increased has 12 seats. The Sabah applies to the appointment of Standing Orders of the House to 48 in 1975. Today the Sabah State Legislative Assembly is the two Deputy Speaker who and accepted conventions as State Legislative Assembly a unicameral institution. The are also like the Speaker, hold practised by parliaments in the has 60 members (increase in Legislative Assembly is presided office for a term of 5 years. commonwealth. The notion 2002) representing the various by a Speaker and assisted by Their tenure therefore will not that the Speaker should not political parties from the Barisan two Deputy Speakers. Whilst be affected by the dissolution of be an elected member at the Nasional and the opposition. the members of the House the State Legislative Assembly. same time is not democratically Under Article 14 (1)(c) of the are all elected Members, by This is a unique feature of our accurate. Many Speakers in state constitution the Tuan Yang convention as is the norm State legislative Assembly. the commonwealth parliaments Terutama Yang di-Pertua Negeri across the Commonwealth This works well in the context are elected members of the
Sabah has a tropical climate
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House. In the United Kingdom, which is very low if compared to engineers, teachers, community that governs the proceedings the Speaker of the British some Commonwealth countries leaders, businessmen etc. of the Legislative Assembly Parliament is also an elected where women made up as high The law does not prohibit a was adopted directly from member while at the same time as high 30 percent of Members |member from practising his or the Parliament of Singapore representing a constituency. in their respective parliaments. her profession as for example Standing Orders although In Sabah, the current Speaker The current Chief Minister of lawyers, doctors etc. This is the Sabah State legislative whilst being also an elected Sabah The Right Honourable true if a Member does not hold Assembly’s Standing Order member of the Legislative Datuk Seri Panglima Musa Aman any government post such as bears similarities to that of the Assembly enjoys the same had however said on several Minister or Assistant Minister. Malaysian Parliament as well. privileges and treatments occasions that more women are In Sabah, about 90 percent of Over the years the Sabah State accorded to an elected member. will be given the opportunity to the constituencies are rural Legislature’s Standing Orders He represents a constituency become the “Yang Berhormat” based. Therefore it is common have been continually amended and as long as he reminds so he in the future now that more for Members during their “turun to suit the requirements of is entitled to represent and lead women are educated and actively padang” (to go to the ground) the assembly. Being a single the people in his constituency. involved in politics. This gender to spend days on end in their Chamber Legislature, it is Like all unicameral imbalance in the representation constituencies. Members in similar to that of the legislative legislature, bills tabled and in the Sabah State Legislative the Sabah State Legislative assemblies found in all the states passed by the house after Assembly is reflected in the Assembly are also popularly of Malaysia. deliberations by members are government as there are only referred to as “Wakil Rakyat” When the Federation of not subjected to any further one woman full Cabinet Minister or the literal English meaning Malaysia was established scrutiny by a upper house. Laws and two women Assistant as the people’s representative. on 16th September 1963 passed by the House are sent Ministers. There is however more As the people’s representative, the Westminster model of to the Tuan Yang Terutama avenue for women to become they are expected to be the parliamentary democracy was Yang Di-Pertua Negeri who is Members in the Sabah State bridge between the government adopted as being most suitable the Governor of the State for his Legislative Assembly given the and the people in all aspect of for the new nation. This is not assent before they are enforced. fact that nearly half of the voting constituency life. One veteran surprising given the historical ties The Governor forms part of population are females. “Wakil Rakyat” has often said that existed between Malaysia the State Legislative Assembly. The role of Members in and with full agreements from and the United Kingdom. The His Excellency delivers the the Sabah State Legislative other Members that being one, Parliament of Malaysia therefore government policy speech Assembly are two pronged people always believe that he has two chambers the House of during the yearly opening of the namely as legislators and or she is all powerful and can Representatives (Dewan Rakyat) legislature. Members will then as representatives of their provide everything should the and the Senate (Dewan Negara) debate on the policy speech constituencies. As legislators need arise at least in his or her similar to the British Parliament and the government has a right they scrutinised, deliberate constituency. For example if a which has two chambers the of reply to issues raised by and vote on bills and actively calamity happened within his House of Commons and the Members. Members are free to participate on any business of constituency he is expected to House of Lord. Meanwhile, the debate and bring up any issues the house when the house is be amongst the first to arrive state legislatures in Malaysia of importance affecting their sessions. But they do this only and to provide assistance. has only one chamber. Being constituencies. They are also on of average 14 days a year Sabah has a Ministerial form a One chamber legislature at liberty to raise issues that when the House sits usually of Government where there is works well with Sabah. Like the affect the state, to question the in the month of April, July and a State Cabinet headed by a Malaysian Parliament Sabah Government on its policies and November. Most of their time Chief Minister, 3 Deputy Chief State Legislative Assembly is state budget, and to question its are spent in their respective Ministers and 7 Ministers. The a democratic institution where Ministers during sittings about constituencies where they Ministers are assisted by 18 bills area debated and laws the performance of government “turun padang” or to go to the Assistant Ministers assigned are passed, the government ministries and departments. In ground literally to meet the to the various ministries. The scrutinised during question recent years Members began people, attending to their needs Cabinet Ministers and the time, Members raised issues to raise issues of national and solving the many common Assistant Ministers sit on affecting their constituencies etc. interest that affect the State for problems and issues raised the Front Bench row of the Democracy is alive in Sabah. This example on security, education such as to provide and upgrade Legislative Chamber whilst is enshrined in both the State and health. In the 2013 general facilities like roads, community the government Members and Federal constitutions. People election more Young Members halls, supply of treated water without government portfolios are free to elect “Wakil Rakyat” from both the government and to villages, inspection of small or Opposition Members sit of their choice in state general Opposition are being elected and big projects implemented opposite as Backbenchers. The elections of which Sabah has had by the people as the “Yang by the government and many sitting arrangement is a format 14. The Sabah State Legislative Berhormat “or the Honourable. more. Members comes from close to that of the House Assembly has come a long way However less than 3 percent a varied background such as of Commons of the British since the institution was first of the Members are women lawyers, economist, doctors, Parliament. The Standing Orders established about 100 years ago.
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Parliamentarian_1_2015.indb 11 24/03/2015 15:44:17 NORTHERN TERRITORY: INDIGENOUS PARTICIPATION PARTICIPATION AND THE EMPOWERING OF INDIGENOUS PEOPLE
The level of participation of Aboriginal peoples is one of the achievements to note as the Northern Territory Legislative Assembly celebrates its first 40 years of existence
Mr Michael Tatham Celebrating its first 40 years Queensland, New South Wales is the Clerk of the in late 2014, Members of the and the Northern Territory) and Northern Territory Legislative one Representative of Australian Legislative Assembly Assembly reflected on the Aboriginal heritage elected in of the Northern achievements and hallmarks 114 years of the existence of Territory, previously of that period at a special the Australian federation. As of the Deputy Clerk, open day at Parliament 2014, a Senator for Tasmania House in Darwin on Saturday has also acknowledged her Statehood Committee 22 November 2014. Aboriginal heritage . Secretary, advisor to One of those The Northern Territory, the NSW and Australian achievements is the level of Mr Michael Tatham which has just two senators, Governments and a participation by Aboriginal as opposed to 12 from each people as members of the Australian State, has sent solicitor. He has a specific Assembly and candidates at The Northern Territory in 20% of all Aboriginal people interest in constitutional Northern Territory general Perspective ever to be a parliamentarian in development and elections. The Northern Territory is a Canberra, the national capital. reform for sub-national On 34 occasions in the jurisdiction of approximately Remarkably, for 74 of those Northern Territory, over 230,000 residents served years, the Northern Territory had jurisdictions in federations. 12 Assemblies, a person by a Legislative Assembly of no Senate representation and of Aboriginal heritage has 25 members with a further has only had two members of been elected as a member of two Representatives and two the House of Representatives each Legislative Assembly, Senators totalling just four MPs since 2001. notwithstanding some in a Federal Parliament of 276. The Northern Territory, in consideration of quotas At the national level, until its existing (12th) Assembly during the 1980s and 1990s 2014 there had been just comprises six members with which were not implemented. three Senators (one each from Aboriginal heritage of a total of
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The Northern Territory has one sixth of the landmass of Australia, but just one percent of the population with close to 30 percent of them Aboriginal peoples
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25. While the Territory is one disproportionate expectation comparable population, with an Parliament, Australia’s oldest sixth of the Australian land mass, rests on the shoulders of estimated 164,557 Aboriginal (pre and post-colonial) it is home to just one percent of Northern Territory Aboriginals peoples living in that state. jurisdiction, NSW with 60 the Australian population. and those elected to public To put these results into MPs (48 Representatives and The proportion of Aboriginal office to address so called perspective, there were more 12 Senators) and a larger peoples living in the Northern Aboriginal matters . Aboriginal peoples living in population of Aboriginal Territory relative to the There were an estimated NSW than the whole of South residents, has no Aboriginal entire Territory population is 631,757 Aboriginal people in Australia, Western Australia representation in the Federal proportionally higher than in Australia as of 30 June 2011. and the Northern Territory Parliament, and has only ever any other Australian jurisdiction Of these, 202,674 were living (NT) combined (combined = had one Aboriginal member of at 29.8% (as at June 2011). in New South Wales (NSW), 190,871, NT = 68,850). its State Parliament. The NSW However, at approximately or 32.1 per cent of the total While the Northern Territory colonial Legislative Assembly 10% of all Australian Aboriginal Australian Aboriginal population. is a jurisdiction with only became fully elected as long ago people, it is arguable that a Only Queensland has a four MPs in the Australian as 1856.
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While it is only in the 12th have been made over the years an electorate from the same and 10th Assemblies where “Former Northern relating to the ‘abuse’ of the political party. In this election something like a mathematical Territory Minister Aboriginal vote. the candidates for Arnhem, equation of proportionality has The use of compulsory David Daniels and David Amos emerged with 6 out of 25 being John Ah Kit said preferential voting was were both Country Liberals similar to the overall proportion in on this matter particularly contentious and endorsed candidates. The idea the NT population, this appears the Central Land Council and being Mr Amos would pick up to be realised, not necessarily that the growth Central Australia Aboriginal the non-Aboriginal vote at the by design, but perhaps not by in the number Congress stated that the mining lease at Groote Eylandt accident either. Country Liberal Party in and Mr Daniels the Aboriginal Political parties arguably of Aboriginal collusion with the government vote elsewhere in the electorate recruit candidates to appeal Members in the in Canberra had ‘rigged the Neither of them won. Labor’s to their constituencies. A long voting system’ allegedly to stop Mr Wes Lanhupuy, a prominent tradition of Aboriginal candidates Northern Territory Aboriginals having a full say in Aboriginal man was the in so called ‘bush seats’ has should be a source the democratic process. successful candidate. been practised in the Northern The Country Liberals • Aboriginal candidates six out Territory by different political of pride to all nominated two candidates in of 67 parties. Territorians and the seats of Tiwi, Arnhem and • Members who are Aboriginal According to Charles Darwin Victoria River. While two Labor one out of 25 University historian David an indication that candidates vied for Tiwi at this Carment, the population of the Territory was election. Fifth Assembly - General Election 7 seven of the 25 Legislative • Aboriginal candidates three out March 1987 Assembly electorates was, in moving beyond of 72 The fifth Assembly was the first 2001 ‘over half indigenous’. the politics of • Members who are Aboriginal time two Aboriginal people won Yet not always do we see these one out of 19 seats. electorates voting for Aboriginal exclusion...” • Aboriginal candidates five out candidates. Third Assembly - General Election of 84 At the 2012 election for including with an Aboriginal 7 June 1980 • Members who are Aboriginal example, not one candidate candidate in the remote central • Aboriginal candidates four out two out of 25 from the First Nations Political desert seat of MacDonnell (now of 60 Party was elected to the called Namatjira). This first • Members who are Aboriginal Sixth Assembly - General Election Northern Territory Assembly. Aboriginal Assembly member one out of 19 27 October 1990 The proportion of Aboriginal was Mr Hyacinth Tungutalum, • Aboriginal candidates four out peoples in the Northern Member for Tiwi. Fourth Assembly - General Election of 83 Territory is 29.8% as at June • Aboriginal candidates five out 3 December 1983 • Members who are Aboriginal 2011, but there has also been of 65 Some 18 months ahead of the two out of 25 a decline in the Territory’s share • Members who are Aboriginal 1983 election there was talk of of the national indigenous one out of 19 the formation of an Aboriginal Seventh Assembly - General population from 12.4% in June political party to contest seats at Election 4 June 1994 2006 to 10.3% in June 2011. Second Assembly - General the election. On 19 June 1982 • Aboriginal candidates 2 out The development of Election 13 August 1977 the NT News editorially criticised of 61 Aboriginal participation was as In the context of the 1977 the move as divisive. The • Members who are Aboriginal 2 follows: election, analysts Dean Jaensh proposal did not reach fruition in out of 25 and Peter Loveday wrote: The time for the election. Eighth Assembly - General Election First Assembly - General Election Aboriginal vote was central to Mr Maurie Japarta Ryan, who 30 August 1997 19 October 1974 the election. A large number in 2012 became the Chair of the • Aboriginal candidates seven Enrolment and voting were of the Aboriginal people of powerful Central Land Council, out of 63 voluntary for Aboriginal people the Northern Territory were stood for the Democrats at this • Members who are Aboriginal from 1974 until 1977, when non-literate, isolated and election. Mr Ryan was a founder two out of 25 if enrolled (still voluntary), they politically uneducated and of the First Nations Political were required to vote. From individuals and groups in the Party formed in 2009 and stood Ninth Assembly - General Election 1980 compulsory voting and Northern Territory took steps (unsuccessfully) for the seat of 18 August 2001 enrolment applied to all citizens to clarify the situation with the Stuart at the 2012 election. This election resulted in the first over the age of 18. electoral office in relation to the A feature of past Northern change of government in 27 years. Labor did not win any seats in non-literate voter. The major Territory elections, which is no • Aboriginal candidates nine out the Assembly at the election in political parties were well aware longer available to parties and of 88 1974. It was not until 1977 that of the value of the Aboriginal candidates, was for there to • Members who are Aboriginal Labor won their first six seats, vote, and many allegations be more than one candidate in four out of 25
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Tenth Assembly - General Election and won the seat of Arafura of the candidates are Aboriginal Aboriginality per se are the key 18 June 2005 which had never been held as was the case in three to electoral outcomes remains This election saw Labor returned by the Country Liberals since contested seats at the 2012 NT relevant today. with an increased majority to its creation in 1983 (Its general election. win 19 of the 25 seats in the predecessor seat of Tiwi had On 21 June 2007, then Conclusion Assembly. previously been held by the Prime Minister Howard Whether people of specific racial • Aboriginal candidates eightout Country Liberals.) announced a significant or ethnic backgrounds can of 79 As at January 2015, the intervention into the address the specific aspirations • Members who are Aboriginal Country Liberals Government administration of welfare for or difficulties faced by those five out of 25 retains 14 seats (two previous Aboriginal recipients within 73 of the same background is • Then six out of 25 from members – Arnhem and communities in the Northern another matter, however, September 2006 (by election) Namatjira, both Aboriginal Territory. participation is surely in and Members – now sit on the cross Aboriginal voters appear of itself important to finding Eleventh Assembly - General bench), Labor has eight seats to have reacted strongly to solutions to a range of the Election 9 August 2008 with one independent member the policy. Voting patterns in problems that inspires people From a position of only four making up the total. the Federal seat of Lingiari to be involved in representative members at the previous Former NSW Senator Aden at the 2007 election are of politics. election, the Country Liberals Ridgeway said in 2010 that it interest because that electorate It is often easy to group achieved a significant comeback is not secret that indigenous holds all of the 73 Aboriginal the Northern Territory with all with 11 members in this people in this country do not communities targeted by the other Australian jurisdictions Assembly, the Labor government vote in such numbers to make a policy . Votes in booths in when considering the history held 13 and there was one difference to any side of politics . those Aboriginal communities of under-representation independent member. However, in 2012, the delivered votes in the 90 of Aboriginal peoples in Perhaps regretfully for political orthodoxy that the percentile range to the Labor parliament, whereas the reality them, the Country Liberals Northern Territory government’s party (the opposition party to the is different. did not to field candidates in fortunes are based on the seats party of the then Prime Minister). While such participation the seats of MacDonnell (now in the northern suburbs of While the numbers of votes may not have been ‘enough’ Namatjira) or Arnhem where the Darwin was turned on its head at the Lingiari booths do not or met expectations, there is Labor Members were returned as it was the change of vote in change governments at the an abundant and rich history unopposed. the bush seats which resulted in national level, of 723 voters at of political activity amongst The Member for MacDonnell the change of government. Four the Wadeye booth at the 2007 Aboriginal peoples in the later left Labor and joined the previously Labor held bush seats election only 26 voted for the Northern Territory in spite of the Country Liberals giving the went to the Country Liberals. candidate from the same side obstacles such as lower rates of Opposition 12, the Government With 20 Aboriginal of politics as the then Prime literacy, language barriers and 12. The independent however candidates at this election, it Minister (Country Liberals). At cultural matters. supported Labor to retain would appear that Aboriginal Angkarripa in Central Australia Former Northern Territory government. peoples are strongly engaged 5 out of 503 votes went to the Minister John Ah Kit said on This was the first time in politics in the Northern Country Liberals and at Yirrikala this matter that the growth that the number of Aboriginal Territory making up 23% of the in Northern East Arnhem land in the number of Aboriginal candidates at a general election candidates and winning 24% of of 266 votes cast at that booth, Members in the Northern hit double figures. the seats. two went to the Country Liberal Territory should be a source • Aboriginal candidates 11 out • Aboriginal candidates 20 out candidate. of pride to all Territorians and of 67 of 86 However, five years later, the an indication that the Territory • Members who are Aboriginal • Members who are Aboriginal 6 Northern Territory Assembly was moving beyond the politics five out of 25 out of 25 seats located within the of exclusion and towards and Looking at a cross section of boundaries of the federal seat open and just society. Twelfth Assembly - General all the existing 25 electorates, of Lingiari were delivered to While challenges continue Election 25 August 2012 15 of the existing seats and the Country Liberals who took and representative democracy At this election, the First Nations 16 of a total of existing and Government at the August 2012 requires vigilance, for such a Political Party ran candidates in predecessor seats have NT election. The candidate in young jurisdiction, only 40 years the seats of Arafura, Barkly, Blain, been contested by Aboriginal the federal seat of Lingiari in old, the Northern Territory is a Namatjira and Stuart but did candidates over the past 40 2007 is now the Chief Minister mature participant in regard to not have any of their candidates years. for the Northern Territory and, Aboriginal representation and elected to the Assembly. incidentally, is a person of the only jurisdiction in Australia The Country Liberals Policies or Aboriginality? Aboriginal heritage. to consistently elect Aboriginal regained the ‘bush seats’ of Do Aboriginal voters elect Perhaps the Loveday and members of its House of Arnhem (lost to that party in Aboriginal candidates? It Jaensch research from 1984 Assembly at every election 1977), Stuart (lost in 1983) becomes a moot point when all which indicates policies and not since coming into existence.
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BENCHMARKS FOR CODES OF CONDUCT
Pioneering research shows that parliamentarians themselves recognise that rigorous codes of conduct and ethics make their institutions stronger
Hon. Dr Ken Coghill, of the project. A large majority PhD is an Associate responded; of those, about two- Professor of Management thirds reported that they have xxx some form of code to guide the at Monash University, behaviour of the Members of Melbourne, Australia. He their House. was a former Member Parliamentarians and Clerks of the Victoria Legislative from a large cross-section of houses were then interviewed Assembly, and also at the 60th Commonwealth served as Parliamentary Parliamentary Conference Secretary of the Cabinet Hon. Dr Ken Coghill, PhD (Yaoundé, Cameroon, October Dr Abel Kinyondo and Speaker. 2014) to get a deeper understanding of how codes A code for Members is the mark operate in practice. This led to “Conduct, Ethics and Codes” Dr Abel Kinyondo of modern Commonwealth draft benchmarks which were The Parliamentarian, Issue One, is a Senior Researcher parliaments, according to published on Commonwealth 2014) at REPOA. He has also research which is leading Connects and circulated in A second key finding to benchmarks to guide February for comment by was the strong view from headed the Department of parliaments in the design or parliamentarians, clerks and parliaments with more rigorous Geography and Economics revision of codes of conduct. other experts, leading to a codes that their parliaments at the University of Dar This research and development workshop in April. This will were better as a result. The Es Salaam (DUCE) and project began in mid-2014, be followed by publication of reasons for that seem to go to funded by the CPA and Recommended Benchmarks for the very heart of democracy. previously worked conducted by a research team Codes of Conduct. Parliament is a public for the United Nations based at Monash University office and members of any Development Program in (Melbourne, Australia). The Key research findings parliament are public officers. Tanzania. CPA’s branches include around The first key observation is that As such, parliamentarians have 200 houses of parliament (i.e. a code forms an important a fiduciary relationship with the some are bicameral) which part of the parliamentary people of the nation, province, were surveyed as the first stage integrity system (discussed in state, or territory served by
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their parliament. By fiduciary are important whilst others parliament is permanent and informal liaison between them, relationship we mean that simply reflect the ways in can be enforced according the provisions of a code of parliamentarians must put the which terms are used in those to processes and penalties conduct were agreed to by public interest – the interests parliaments. For example, Codes incorporated into its provisions. the House of Representatives. of the people in aggregate – of Conduct and Codes of Ethics Where an act of parliament However, the Senate Committee ahead of all personal interests are often distinguished in the is used, it is usually an act “was not convinced that an or, for example, the interests study of codes. dealing with a number of parts aspirational, principles-based of family, friends or business In the case of codes of ethics, of the parliamentary integrity code would necessarily improve associates. Even political parties they: “are usually products of system, such as also creating a perceptions of parliamentarians exist to serve the public interest. professional associations. They commissioner’s office. It typically and their behaviour”. Further This responsibility to exercise serve as a quality assurance includes the code as part of consideration lapsed. power solely on behalf of the statement to society and provide the main text of the act or as a Life is simpler for unicameral people is known as the public a set of standards for appropriate schedule to the act. parliaments; an Act of parliament trust principle. conduct for members of the An intermediate form is to is a simple, familiar and It follows from the public profession that issues the code. include provisions within rules appropriate way for them to trust principle that each Codes of ethics for those in of procedure (e.g. Standing adopt a code. parliamentarian should have government service challenge Orders). However, codes of However, there may be other guidance and direction on employees to identify with conduct are much broader and reasons for adopting a code which he or she can draw shared professional values that about much more than rules through a resolution rather than whenever doubt arises about describe appropriate actions for the conduct of debate and an Act. For example, a resolution the correct thing to do when about acting rightly in the service deliberation. As a result, if it does not require any action by faced with a decision or action. of the public good,” according to forms part of the Standing the head of state. Even where In the same way, the parliament Willa Bruce (1996, p.23). Orders or other procedural rules, established convention ensures should be able to intervene if Willa Bruce argues that codes there is a risk a code will be that the head of state acts only and when it appears that the of conduct are quite different. limited to narrowly conceived as advised, the symbolism of the public interest and hence the They “. . . are more concrete and matters related to procedure. House alone determining the parliament’s constitutional rolexxxxxx practical . . . for they represent We find that codes are best code regulating its members’ may have been subverted by a executive orders or legislatively developed as separate documents. conduct, as is the case with rules parliamentarian’s action. defined and enforceable Whether a code should be of procedure, may be important. A parliament with a strong behavioural standards with an Act of parliament depends code of conduct that is sanction for violation. They on several factors, one of the Variety of provisions rigorously enforced reduces contain a list of the kinds of most important being whether Our research has found a the risk of unethical, illegal or behaviour required in a given set the parliament is bicameral. wide range of provisions in otherwise corrupt behaviour of circumstances and provide If so, the Act would bind both codes affecting the conduct of by parliamentarians and is direction to those whose conduct Houses equally. However, the members. These range from more likely to reflect the public they govern. Codes of conduct autonomy of each House would mild provisions more concerned trust principle in the decisions contain minimalistic prohibitions be compromised; neither House with etiquette and treating and actions of individuals and to unquestionably subversive or would be able to have a code fellow parliamentarians (and the the institution. Conduct in criminal acts. They are designed with features specific to it, or at House in session) with courtesy, accordance with the public to protect the government least could not avoid any of the respect, and dignity. Whilst trust principle supports the very employee, the client, and/or the provisions then applying to both. these are of course desirable, concept of democracy. public at large,” (1996, p.24). It would of course be possible they make little contribution to In practice, those distinctions to supplement the common code reducing the risks of improper, What do codes include? have little significance. Some with an additional code including unethical or illegal conduct. Codes to guide the conduct parliaments use the term code provisions specific to only the We have identified several of parliamentarians came in of ethics for codes that have House which adopted them. key provisions believed a variety of forms in different similarities to codes of conduct. However, that would be a messy to be important to a code parliaments according to our Not only do the forms of solution as parliamentarians contributing to an effective survey and interviews. Titles and codes vary, so does the manner and others would need to refer integrity system. The features forms include: Code of Conduct in which they are made and their to two documents, one of which include: underlying principles; (e.g. House of Commons, UK); legal status. The weakest basis appeared to have lesser status. defining of acceptable conduct; Code of Official Conduct; Code for a code is a simple resolution The potential difficulties of conflict of interest; providing of Ethics (e.g. Malta); Conflict of the House. Unless determined a common code for a bicameral advice for Members’ complaints of Interest Code (e.g. Canadian otherwise, a resolution lapses parliament were revealed in the procedures; provision for parliaments); rules of procedure when the parliament is Australian Parliament in 2011. investigation of facts, decision- (e.g. Standing Orders); and Act prorogued or dissolved. At the After extensive deliberations making on allegations; sanctions of Parliament. other end of the spectrum, a in House of Representatives and penalties; how to prepare, Some of these differences code introduced by an act of and Senate committees and review and revise a code; and, a
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culture of ethical conduct. behaviour are clear from the value of his or her assets has Advice on ethical conduct The underlying research, but there is a range of been acquired legitimately (e.g. Parliamentarians, new and principles supported by the views about some of the detail. inheritance from deceased long-serving, often find parliamentarians and Clerks There is general agreement parent) or from some mysterious themselves facing dilemmas whom we interviewed align that parliamentarians should source at the time of say, a about the ethics of decisions with the standards in public to treat each other and the government grant to a business. or actions. Recently elected life developed by the Nolan parliament with respect, dignity There should be parliamentarians especially Committee. These reflect the and courtesy. Some argue continuous disclosure of each may find themselves faced with fiduciary relationship between that a dress code should be parliamentarian’s sources of ethical questions quite different parliamentarians and citizens incorporated but it seems this income, assets and liabilities to the types of decisions they and the responsibilities of is rarely an issue. Few would (including updates), wherever had to make in their previous parliamentarians as public argue against a provision that suitable modern technology occupations. Even for many of office holders and are widely a parliamentarians must not is available, in a similar way those who were public officers in respected. They provide: assault, harass, or intimidate to disclosures by businesses the public service or elsewhere 1. Selflessness Members should another person, sexually or whose shares, stocks or (e.g. teachers), it would have act solely in terms of the otherwise. securities are publicly traded. been rare to have to think about public interest. It is also widely accepted Technically, it is simple for an respecting the public trust 2. Integrity Members must that a Member should not adjustment to be advised and principle. Likewise for those who avoid placing themselves accept any item, gift, hospitality published on the business previously worked in business under any obligation to or favourable treatment that a day on which it occurs, but it or served in trade unions, the people or organisations that reasonable person might think is reasonable to allow slightly interests of their organisations, might try, inappropriately, to could give rise to a conflict of longer period. Where such workforce or membership would influence them in their work. interest. As this general proviso information technology is have been their legitimate They should not act or take relies on an interpretation of not available, the parliament primary concerns rather than the decisions in order to gain ‘reasonable’, it is desirable to should use the best technology public interest. financial or other material include some guidance on the it has to register and publish Ethics advice is valuable benefits for themselves, their threshold values (adjusted for parliamentarians’ interests to parliamentarians and family, or their friends. They inflation) of gifts etc. that a (including updates) as quickly should form an integral part must declare and resolve any parliamentarian could accept. and as frequently as practicable. of a code of conduct. Some interests and relationships. Conflict of interest is one These disclosures must parliaments have successfully 3. Objectivity Members must act of the most important aspects respect the reality that interests established positions and and take decisions impartially, of a code. It is widely accepted held by a parliamentarian’s even whole offices to support fairly and on merit, using the that sources of income, assets spouse or children could also parliamentarians in relation best evidence and without or liabilities could make a create a conflict of interest; to meeting the standards of discrimination or bias. parliamentarian feel that his they should likewise be ethical behaviour expected 4. Accountability Members are or her personal interests could disclosed. Whilst this may under a code. However, the accountable to the public for suffer if he or she acted in the appear to intrude on the models vary widely, ranging their decisions and actions public interest or conversely, privacy of family members, from a single person appointed and must submit themselves could be advantaged if personal the underlying principle is part time (e.g. New South Wales to the scrutiny necessary to interests were put ahead of the disclosure of interests with the Ethics Adviser) to a full time ensure this. public interest. For that reason, potential to compromise the commissioner with support staff 5. Openness Members should many houses of parliament parliamentarian’s performance responsible for not only ethics act and take decisions in an require parliamentarians to of his or her public duty. advise to parliamentarians open and transparent manner. disclose their sources of income, It goes without saying that no but also the disclosure of Information should not be their assets and their liabilities; parliamentarian should accept, parliamentarians interests and withheld from the public these are published so that the or offer another parliamentarian, the investigation of complaints unless there are clear and public can check any allegations a bribe or other inducement (e.g. UK Commissioner for lawful reasons for so doing. that a parliamentarian has failed to cast a vote, ask a question Parliamentary Standards). 6. Honesty Members should be to respect his or her obligations or act on behalf of any person, The scope and scale of an truthful. as a public officer. whether a constituent or office providing ethics advice 7. Leadership Members should A sensitive aspect is the otherwise. Whilst there may must have regard to the size exhibit these principles in their values of interests. Ideally, be common law or criminal and resources available to the own behaviour. They should these should be part of the law covering bribery, etc. and parliament. That office’s budget actively promote and robustly disclosures. Whilst is may seem parliamentarians should be in some large parliaments in support the principles and intrusive, it is genuinely in the subject to the normal operation wealthy countries is larger be willing to challenge poor public interest to know whether of the law, it is desirable that the than the entire budget for behaviour wherever it occurs. a parliamentarian’s sudden, code also cover such matters. many smaller parliaments. The boundaries of acceptable unexplained increase in the For that reason our proposals
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set out principles rather than features of both approaches. We breaches). The lack of a party recommending a specific “Parliamentarians, nevertheless suggest several system in most of the smallest model. new and long- measures that could contribute to houses necessitates that the code working in practice: parliamentarians work through Breaches of the Code serving, often • All parliamentarians should be consensus which allows them Proper investigation of find themselves vigilant in detecting and acting to identify with one another complaints is a key to the to deter even minor breaches more closely. We don’t want to effectiveness of a code. This facing dilemmas from which serious breaches over-emphasize this observation must begin with the process about the ethics of may develop. as it has yet to be thoroughly for making a complaint where a • Consultation with the ethics researched. However, it does breach is suspected. decisions or actions. adviser should be routine and alert us to a possible advantage The receipt and investigation Recently elected normal, with frequent informal that smaller Houses may have of complaints is at severe risk of contact between the ethics and to a factor which larger being compromised by partisan parliamentarians adviser and parliamentarians. Houses may need to take considerations if controlled by especially may • Parliamentarians should offer into account in designing and parliamentarians with a party- fellow parliamentarians peer- implementing their codes. political interest in the outcome. find themselves support for ethical conduct For the reason, we have faced with ethical and counsel against unethical Making and re-making a recommended that complaints conduct. code should be automatically referred questions quite • The code should be published Finally, how does a parliament, or for independent investigation different to the and readily available in print, a house, make or review a code? to determine the facts in almost and online (including via The code and any revisions all circumstances. The only types of decisions smartphone) if resources must be the outcome of debate exception would be where there they had to make permit. and deliberation in which all of is evidence that the complaint • Newly elected parliamentarians the House’s parliamentarians itself is an abuse of process, in their previous should receive induction, have genuine opportunities to intended to tarnish the reputation occupations.” including in the code of conduct participate. of a falsely accused person. and self-assessment of their In addition, we believe that The complaints process should sanction should be applied. The individual ethical competence. it would be valuable to appoint enable such complaints to be code should indicate the available • Every parliamentarian should an advisory panel comprised rejected without publicity. This is sanctions and penalties which participate in activities of retired parliamentarians and crucial as the public can easily might range from a humiliating to enhance their ethical retired superior court judges to mistake an investigation with public reprimand to expulsion competence at least once review the code from time to guiltiness rendering the final from parliament. In extreme annually. These activities time and report to the parliament investigation decision (say not cases, a serial offender could could be online, if resources on its operation immediately guilty) inconsequential and thus be debarred from contesting permit. He or she should sign a following each general election, unfairly damaging. elections. declaration or provide evidence in response to requests by the Investigation must be If a complaint is not upheld, confirming having done so. Presiding Officer and at such separated from partisan the accused parliamentarian • The code of conduct should be other times as it wishes. influence but the precise should be publicly exonerated renewed following each general Whilst it is appropriate to mechanism will depend on local from the allegation. election, through debate of a look to other parliaments for structures and circumstances. In resolution re-committing the inspiration, a code is essentially some cases, there are existing, Culture of ethical conduct House to the code and making a matter for each individual effective anti-corruption bodies The extent to which a code any necessary updates. House and a reflection of its well-suited to undertake the task is respected and observed commitment to enhancing the in accordance with the code; in depends on both its provisions Does size matter? Integrity System of their nation, other cases, there may need to and the attitudes towards it by Listening to parliamentarians province, state or territory. be a new provision. ordinary parliamentarians and by talk about ethical conduct in The Benchmarks now Once the facts have been leading members of the House. their Houses, there seems be a being recommended for established, these should be Note that types of codes range tendency for smaller Houses to codes of conduct are an presented to the parliament from permissive all the way to believe that unethical conduct is important opportunity for in a public report and must be prohibitive, with some hybrids less likely to occur as unethical every parliamentarian, Clerk or referred for prosecution if the between the two. While some sub-cultures are less likely to Secretary General and other evidence suggests the accused (e.g. Deloitte & Touche LLP, develop. The small size of these member of staff to contribute could be convicted of a legal 2015) suggest that permissive houses seems to make it easy to strengthening the integrity of offence. If in other cases a codes are more likely to enhance for parliamentarians to monitor their parliament and to improve breach has been found, the compliance in organisations, each other’s conduct (which its performance in serving the House should determine what our aim is to combine the best may act as a disincentive to public interest.
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CANADA’S UNIONS: SHOULD TAX§FREE STATUS MEAN GREATER PUBLIC ACCOUNTABILITY? A Private Members Bill now before a Senate Committee in Canada’s Parliament seeks to enforce the same level of public financial disclosure upon labour organisations (trade unions) as is already imposed upon chariites. The Bill’s author Russ Hiebert MP explains why this is necessary
Mr Russ Hiebert, MP was first elected Since coming to power contributions and loans into in Canada in 2006, the which the Auditor-General may to Canada’s House of Conservative Government inquire as to the use of public Commons in 2004. He of Prime Minister Stephen funds was also expanded. is a four-term Member Harper has passed a number of A more recent act of of Parliament, and transparency and accountability Parliament, the First Nations initiatives into law. Financial Transparency Act, was elected to seven The key legislation in this which passed into law in consecutive terms as area was the Accountability 2013, requires the publication Canadian Branch Chairman Act – passed in 2006 in the of the audited financial of the CPA. He currently months immediately after first statements of indigenous forming the government. This Mr Russ Hiebert, MP tribal bands on the internet, serves on the CPAE XCO. was the fulfilment of a key along with full disclosure of Mr Hiebert served as election campaign promise the salaries and expenses of Parliamentary Secretary made in response to a scandal Public Prosecutions and a elected band councillors. In to the Minister of National embroiling the previous Liberal Parliamentary Budget Officer, Canada, a substantial portion government. The Accountability as well as strengthened of the funding for aboriginal Defence, and has served Act created a new conflict protection for whistleblowers. reservations comes from the terms on Commons of interest code for all public The federal Access to federal treasury. Committees including office holders, including cabinet Information Act, which Even before these measures Finance, International ministers and their staff, and allows any citizen to obtain came into force, Canada essentially banned lobbying by internal government reports had for a long time required Trade, Natural Resources, such officials for five years after and correspondence, was the public disclosure of the Ethics, and International leaving office. also expanded to require salaries, benefits and expenses Human Rights. Other elements of the public disclosure by several of parliamentarians. And Accountability Act included crown corporations. And, the there was a broad Access the creation of an Office of class of recipients of grants, to Information regime that
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Bill C377 seeks to amend the Income Tax Act (requirements for labour organizations) and was referred to committee on its Second Reading in Canada’s Senate in November 2014
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allowed any citizen to obtain substantial refundable tax employees earning more most internal government credits, and the campaigns “Public disclosure than C$100,000 (£53,500) documents. Government themselves receive rebates for will create annually. departments and agencies have spending. As such, campaign However, one group of also long been required to detail spending receives close greater support institutions that receives their spending in annual Public public scrutiny: the names of for the valuable substantial support from Accounts, and an independent all donors of C$200 (£105) Canadian taxpayers surprisingly Auditor-General – an offi cer or more are published, and all work that labour has no requirement to disclose of Parliament created not long spending is publicly disclosed. organizations anything about their spending after Canada’s Confederation Since 1977, Canadian to the Canadian public. This in 1867 – continues to audit charities – whose donors also do as the public group is labour organizations, departments and programs for benefi t from signifi cant federal learns how the commonly known as trade best accounting practices and tax credits – have been required unions in many nations. This general effi ciency. to publicly disclose their benefi ts they is despite the ability of union At the federal level, partisan spending divided into a number provide are being members to discount from their election campaign donors of relevant categories, including taxable income the dues they are the benefi ciaries of very the disclosure of the number of used” pay, and the tax-free status that
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the organizations themselves “Public disclosure education and training activities, 86% of unionized Canadians enjoy. and gifts and grants. Related- support public financial Labour organizations play is strongly party transactions, such as disclosure by labour unions. a valuable role in Canadian supported by the sale of union property to a Requiring public disclosure society, promoting workplace union executive, would require by private organizations health and safety, and good the Canadian specific, detailed reporting, and receiving substantial public compensation for Canadian public, including any loans over $250 (£134) benefits is not a new concept, workers. In return the public to officers, directors, members, nor is it costly. Canadian provides the benefits through union members employees or businesses would charities, for instance, have not the tax system. Tax deductibility themselves. A also be itemized. found their public reporting of union dues alone costs the Compensation to officers requirements cumbersome treasury approximately C$500 recent survey by and directors, including salary, or expensive, nor has posting million (£270 million) annually. the Nanos benefits, gifts, bonuses and any those figures on-line posed Ironically, Canadian labour other form of remuneration, an expensive burden for the organizations internationally polling firm would be fully reported. Canada Revenue Agency headquartered in the United indicated that 83% Likewise, disclosure would (CRA). States, of which there are many also include employees of the Indeed, in this era of because of close trade ties of Canadians and labour organization who earn electronic record keeping, a between our nations, have been 86% of unionized more than $100,000 (£53,500) software upgrade is probably required to make disclosure annually. the only expense most union to the US Labor Department Canadians support Officers, directors and book-keepers may have to incur since 1959. For the past employees would also to file to the financial reports decade, these filings have been public financial be required to provide a they already compile internally. posted on the internet, giving disclosure by reasonable estimate of the However, such modest costs Canadians access to financial amount of time they spend are far outweighed by the information about some, labour unions.“ on political activities, lobbying advantages to Canadian but not all Canadian labour activities, and other non-labour taxpayers of knowing how the organizations. relations activities. benefits they provide to support In fact, it was only because Bill in the autumn of 2011. The Some critics have suggested the work of labour organizations of these American filings that premise behind Bill C-377, C-377 will place unions at are being used. a scandal involving the federal is that the public has a right a disadvantage in labour On the Government side of New Democratic Party (NDP) to know how the substantial negotiations, given that the reporting ledger, the CRA, – a party historically tied to benefits it provides to labour management will know details which would be responsible for organized labour – came to organizations are being used. about the union’s finances and posting the labour organization light. In Canada, donations Public disclosure will create its ability to sustain a strike. financials on its website, should to federal political parties by greater support for the valuable However, it is obvious C-377 be made law, has corporations and trade unions work that labour organizations the willingness of workers estimated minimal costs. The were banned in 2006. Yet do as the public learns how the to withdraw their labour CRA suggests costs of C$1.1 filings made by US-affiliated benefits they provide are being in a bargaining dispute is million (£588,000) annually for Canadian unions to the US used. based on far more important the first two reporting years, Labor Department revealed Under C-377, every labour considerations than simply the mainly for the capital cost of C$350,000 (£187,000) in organization in Canada will amount of money in the strike establishing the on-line forms illegal contributions from unions file a standard set of financial fund. The fact is, American and reporting software, and to the NDP between 2006 and reports each year. These will and British unions, and for just C$800,000 (£428,000) 2011. The NDP admitted its then be posted on the tax that matter a good number of annually after that: a small price wrong-doing and was forced to department’s website, much as Canadian unions which are to pay for bringing transparency return the cash. Canadian charities already do. already required to report in the to an institutional sector with Looking further afield, it is With the financial information US, have lived with financial revenues between $4 billion clear that many of Canada’s key this bill provides, the public will transparency for a long time and $5 billion yearly (£2.1 industrialized trading partners, be empowered to gauge the and it does not appear to have billion to 2.7 billion) such as Great Britain, France, effectiveness, financial integrity affected their ability to bargain Bill C-377 was passed in Germany and Australia also and health of Canada’s unions. effectively. December of 2012 in a 147- require public disclosure by In addition to standard Public disclosure is strongly 135 vote at Third Reading their domestic trade unions. financial statements, C-377 supported by the Canadian by the House of Commons. It The lack of public reporting will require labour organizations public, including union members has passed Second Reading requirements for Canadian to provide details on spending themselves. A recent survey by in the Senate and is currently labour organizations led me to in the areas of lobbying, the Nanos polling firm indicated being considered by a Senate introduce a Private Members political activities, conferences, that 83% of Canadians and committee.
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Parliamentarian_1_2015.indb 44 24/03/2015 15:44:26 Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS UNITED KINGDOM: The General Election beckons Page 60
AUSTRALIA: Senate censures defence minister Page 62
NEW PRESIDENT OF SRI LANKA PLEDGES CHANGE Page 46
CONCLUSION OF THE MISCONDUCT CALLS FOR ADDRESS IN REPLY ALLEGATIONS IN REPATRIATION OF DEBATE IN NEW CANADA ‘BLACK MONEY’ TO ZEALAND Page 51 INDIA Page 48 Page 54
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Parliamentarian_1_2015.indb 45 24/03/2015 15:44:28 PARLIAMENTARY REPORT SRI LANKA NEW PRESIDENT PLEDGES TO SCALE BACK EXECUTIVE POWERS AND BOOST ROLE OF PARLIAMENT
The seventh presidential election party, Jathika Hela Urumaya of Sri Lanka in January ended (JHU) – which was then a the ten years of the ruling constituent of the UPFA – and government, with the victor several members of the Sri Lanka pledging to reduce the powers of Freedom Party (SLFP), which is the presidency and to strengthen the main constituent of UPFA, and the role of the country’s also the party of the presidential Parliament . candidate. The former president Mahinda The opposition’s election Rajapaksa had prompted the manifesto, ‘A Compassionate election two years before the Maithri Governance – A Stable expiration of his term, declaring His Excellency the President Country’, contained a 100-day his intention to hold his office for a Maithripala Sirisena programme aimed at abolishing further term. the Executive Presidential system Nineteen candidates For the past few decades, with its unlimited powers. Other contested the ensuing national removal of the Executive key election promises were to poll, held on 8 January. Mahinda Presidency had been a popular amend the electoral system Rajapaksa stood from the United election vow that, due to various and establish a mechanism to People’s Freedom Alliance reasons, none of the elected supervise good governance, (UPFA) which was also the presidents could accomplish. while reducing the unnecessary previous ruling party. Maithripala The powers of the Executive expenditure of the then Sirisena, the minister of health in Presidency were even strengthen government and ensuring what that government broke away from by the 18th Amendment to the was spent would percolate further the UPFA, and was chosen as the Constitution in 2010. through the general population. Common Candidate to contest The establishment of a Maithripala Sirisena had from a new political party named common opposition party was started his political career as New Democratic Front (NDF), of motivated by a desire to reduce a member of the SLFP youth which the United National Party the powers of the Executive organization in 1967. He joined (UNP) is a main constituent. President. The Common mainstream politics in 1989 After receiving 51.28% of the Opposition was led by the UNP and has held several ministerial votes cast, Maithripala Sirisena portfolios since 1994. He is the was elected as the sixth Executive longest serving General Secretary President of the Democratic of the SLFP. Socialist Republic of Sri Lanka. He was serving as the Minister The former president received of Health when he was chosen as 47.58% of the vote. And only just the Common Candidate for the over 1% of voters chose other election. As Minister of Health he parties. had taken steps to re-introduce The turnout of more than the Senka Bibile Drug Policy Act, 80% was a significant factor. with the aim of having a national Pre- and post-election violence drug policy for the nation. He was regarded as minimal and also fought to introduce warning local and international observers pictures on tobacco and cigarette affirmed that the election was The Prime Minister the Hon. packaging to make people conducted peacefully. Ranil Wickremasinghe aware of the effects of smoking.
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Eventually a court decision was given to display the pictorial warnings on on 80% of the surface of such packaging. The encumbent’s manifesto ‘Mahinda’s Vision – The World Winning Path’ was an extension of his previous election manifesto ‘Mahinda’s Vision’. He promoted the idea that the country should now be raised to the ‘developed’ status among other countries through major industrial development under the achieved peace. He further pledged to introduce constitutional reforms with the participation of all the communities in the country. Having received majority of votes, the new president was sworn in on the 9 January. Addressing the nation, he pledged that he would meet his election commitments and that the unlimited powers vested with the Executive Presidency would be transferred to Parliament, Cabinet, Judiciary and the public The Parliament chamber and the former administrative mechanism. He President Mahinda Rajapaksa further said that he would not contest for presidency for a In accordance with the 100- majority consent in Parliament. ∙ Amending the Fisheries second time. day programme, a cabinet of Parliament sat for the first time and Aquatic Resources Act By the date of the election, 28 cabinet ministers, 11 state after the election on 20 January. The Prime Minister also the opposition was already ministers and 13 deputy ministers The former ruling party became informed Parliament about the assured of the support of was appointed, representing all the opposition under the plans in appointing Oversight majority in Parliament. The the political parties. parliamentary leadership of Hon. Committees and further insisted new president appointed Hon. The foremost responsibility Nimal Siripala De Silva . the necessity of strengthening Ranil Wickremasinghe, MP as of the new government is to The Prime Minister the Parliament to re-acquire the the Prime Minister, subject to fulfil the pledges in the 100-Day emphasized that all parties prestige it once had. Article 44(3) and 43(3) of the Programme, which requires should work in unity despite The leader of opposition Constitution. enactment of several Bills with their own political views, on agreed to extend their fullest and occasions of national importance. a fruitful contribution when those He pointed out the legislation Bills are presented. to be enacted by Parliament as tendered in the 100-Day Programme: ∙ To introduce a system
Maithripala Sirisena (51.3%) of government with an executive which is linked with Mahinda Rajapaksa (47.6%) Parliament through Cabinet ∙ To pass the19th Amendment Other (1.1%) to the Constitution, which would establish independent commissions and repeal the 18th Amendment ∙ To pass National Drug Policy, National Audit Act and The former president Sri Lanka’s 2015 presidential election – share of the vote the Right to Information Act Mahinda Rajapaksa
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Parliamentarian_1_2015.indb 47 24/03/2015 15:44:29 PARLIAMENTARY REPORT JURISDICTIONNEW ZEALAND NAME CONCLUSION OF THE ADDRESS IN REPLY DEBATE
On 30 October 2014, the New Zealand’s Parliament Address in Reply debate concluded after 19 hours of speeches over six sitting days. The debate was in response to the Speech from the Throne delivered by the Governor-General, His Excellency Lieutenant General the Rt Hon. Sir Jerry Mateparae, on 20 October at the State Opening of the 51st Parliament outlining the government’s policy and legislative intentions. The debate concluded with the passing of a motion to present a respectful Address in Reply to His Excellency the Governor-General by 64 votes to 57, after the defeat of an amendment to the official languages alongside Bayly opened their speeches the short term ahead of a address proposed by the English and New Zealand in Māori. broader intelligence review in Acting Deputy Leader of the Sign Language. Mr Peeni Simultaneous translation 2015: “I intend to seek broad Opposition, Ms Annette Henare, MP, (Labour) said: of these speeches, and of all political support to pass King, MP. “Te Reo Māori is my first Māori spoken in the House, this very limited legislation, A majority of the 121 language. As one of the first is available in the House and which I trust that other Members of Parliament children of kōhanga reo galleries, and on Parliament parties will see as narrow and had participated in the [Māori language immersion TV – a service provided responsible.” The measures wide-ranging debate about preschool] I am forever since 2010. would restrict the movements the government’s plans grateful for the hard work of individuals intending to and other current issues of many to ensure that the Countering Terrorist travel to become foreign following speeches given native language of this land Fighters Legislation Bill terrorist fighters. by the leaders of all parties is not lost.” Mr Nuk Korako, In a ministerial statement to In the debate that followed represented in the 51st MP, (National), Mr Adrian the House on 4 November Mr Key’s statement, Ms Parliament – National, Rurawhe, MP, (Labour) 2014, the Prime Minister, Annette King, MP, (Acting Labour, Green, New Zealand and Ms Marama Fox, MP, Rt Hon. John Key, MP, Deputy Leader—Labour) said: First, Māori Party, United (Co-leader – Māori Party) all (National) spoke of the “Labour broadly supports Future, and ACT. gave substantial portions of implications for the the provisions as outlined Of the 28 new members, their speech in Māori, and government’s national today, and we believe that 24 had the chance in the New Zealand First member security obligations in the they appear to be justified debate to make their maiden Mr Fletcher Tabuteau, and face of the rapid rise of the to ensure safety at home speeches, many of whom National members Dr Shane Islamic State of Iraq and the as well as meeting our spoke in Te Reo Māori Reti, Ms Barbara Kuriger, Levant (ISIL), and referred international obligations.” (the Māori Language), one Mr Jono Naylor, Mr Mahesh to Cabinet’s agreement to She supported the proposed of New Zealand’s three Bindra, and Mr Andrew introduce law changes in legislation “going to the
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select committee to enable that it was temporary subjected to this procedural At the third reading Mr New Zealanders to have a legislation. Speaking in abomination.” Rt Hon. Finlayson said: “I take those say … even if the process is support of the Bill, Mr Winston Peters, MP, (New matters very seriously and truncated.” Andrew Little, MP, (Leader Zealand First), agreed, I pledge to work with local Legislation was introduced of the Opposition) referred saying: “to bring in a Bill and Muslim communities over the under urgency on 25 to changes made at the in two weeks take it from next period, including during November. It passed its select committee: “Through first reading through the the period of the broader first reading by 107 votes Labour’s representatives on final reading … is not good review.” Noting the brief time to 14 and was referred to enough… It is against the that the select committee had the Foreign Affairs, Defence democratic process of this to hear public submissions and Trade Committee with a House and against the right on this Bill, he added: “Any requirement that the select of New Zealanders to be new legislation [will] be the committee report the Bill properly consulted on and product of an independent back to the House by 2 participate in legislation.” review … [and] will have a December 2014. Mr Mark Mitchell, MP, full hearing at the select On 9 December 2014 (National) who chaired committee.” Parliament sat under urgency the select committee, to pass the Countering acknowledged that “it may Subordinate Legislation Terrorist Fighters Legislation not [have been] a perfect (Confirmation and Bill through its remaining process but it is not a perfect Validation Bill) stages. Key provisions in the Rt Hon. John Key, Prime world, and sometimes The Subordinate Legislation omnibus Bill as reported back Minister we have to react quickly (Confirmation and Validation) from the select committee to a changing security Bill passed its third reading included extending the the Foreign Affairs, Defence environment”. without debate and with maximum cancellation and Trade Committee… we Mr David Shearer, unanimous support on 4 period of a passport from challenged the need for the MP, (Labour) stressed the December 2014 immediately 12 months to three years, length of time for warrantless need to consult with ethnic after the second reading. where the passport-holder surveillance. It has been communities when enacting Introducing the second poses a danger to New reduced to 24 hours… such legislation. Hon. Phil reading, the Attorney- Zealand or another country, More important… are the Goff, MP, (Labour) agreed: General, Hon. Christopher and increasing Security safeguards that have now “The real protections against Finlayson, MP, (National) Intelligence Service powers, been built into any approval said: “This legislation including the ability to of surveillance without a confirms or validates 13 conduct surveillance without warrant.” orders or regulations made a warrant for 24 hours in Mr Little nevertheless under eight different Acts… situations of emergency or criticised the truncated select to avoid their lapsing.” He urgency. committee process, saying: referred to a recent change Introducing the second “when we are faced with in the Standing Orders to reading, Hon. Christopher legislation that erodes basic streamline the process for Finlayson, MP, (National), rights and freedoms, even scrutinizing this type of said that the Bill’s in limited circumstances legislation, saying that he amendments were very such as this Bill sets out, it “look[ed] forward to testing targeted and emphasised is vital as a matter of public the new arrangements with confidence that it is exposed Rt Hon. Christopher Finlayson, the 2015 Confirmation and to the fullest possible MP Validation Bill.” public scrutiny. That has not Under the new Standing happened here.” terrorism lie not [just] in Order, there is no amendment Opposing the Bill, Dr legislation… but in having to or debate on a first reading Kennedy Graham, MP, a harmonious and inclusive of this type of legislation (Green Party) criticised society; they lie in our and the Bill is referred to both the Bill’s intention moderate Muslim community, the Regulations Review and its process: “There is which is responsible and Committee. Also Bills some cognitive dissonance does the right thing; and that confirm or validate between the excitable they lie in our reputation subordinate legislation will narrative and the official internationally as a country normally proceed from second Ms Annette King, MP judgment. … No legislation that acts independently to third reading immediately, addressing constitutional and has a sense of good and there will be no debate on rights … should ever be international citizenship.” the third reading.
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Parliamentarian_1_2015.indb 49 24/03/2015 15:44:31 PARLIAMENTARY REPORT NEW ZEALAND
THIRD READING: NEW ZEALAND
Employment Relations Amendment Bill countered: “For generations, similar types of The Trade (Safeguard Measures) Bill The Employment Relations Amendment Bill practical accommodations were able to be The Trade (Safeguard Measures) Bill was changes the requirement in the Employment made where the circumstances required them.” passed unanimously at the conclusion of its Relations Act for employers and unions to The Bill passed its third reading by 62 votes third reading on 4 November 2014. The Bill conclude a collective agreement unless there to 58. provides for emergency safeguard measures, is good reason not to. It also changes existing including temporary duties, to be applied at New entitlement rules to encourage employers and Crimes (Match-fixing) Amendment Bill Zealand’s border, in addition to existing trade employees to negotiate rest and meal breaks. The Crimes (Match-fixing) Amendment Bill remedies, against certain imports that may injure Hon. Peseta Sam Lotu-Iiga, MP, (National) had its third reading on 4 December 2014. New Zealand industries. introducing the third reading on 30 October The Bill amends section 240 of the Crimes The then Minister of Commerce Hon. 2014 on behalf of the Minister for Workplace Act 1961 to make explicit the criminal nature Craig Foss, MP, (National) had introduced Relations and Safety, said: “At its core, this Bill is of match fixing. the third reading on 15 April 2014, prior to the about ensuring employers have the confidence The Minister in charge of the Bill, Dr the dissolution of Parliament ahead of the general to compete and expand while maintaining key Hon. Jonathan Coleman, MP, (National) election, saying that the Bill “aims to provide for protections for employees.” referred to “the important place that sport a more efficient process for taking safeguard Opposing the Bill, Mr Iain Lees-Galloway, holds in the hearts of all New Zealanders”, action … to allow time for structural adjustment MP, (Labour) said that it “works to undermine informing the House that “the economic, by New Zealand manufacturers to sudden collective bargaining … to undermine unions’ social, health, and personal benefits of sport increases in competition from imported goods.” efforts for industry standards. … It says that and recreation to New Zealand have been Mr Foss also said that the Bill “provides a new employers can just walk away from collective estimated at $12.2 million per annum.” Dr safeguards regime that is consistent with bargaining.” However, Mr Jonathan Young, Coleman also explained that “the Bill is World Trade Organisation (WTO) rules” and MP, (National) said: “The Bill changes the duty part of a package of initiatives designed described the legislation as “an important safety of good faith, so that it no longer requires parties to address match-fixing risks.” Speaking mechanism” at a time when New Zealand’s to conclude a collective agreement—but only in support of the Bill, Labour member Ms remaining tariffs are being further reduced by under certain conditions.” Ms Marama Fox, Carmel Sepuloni added that “match fixing free-trade agreements. MP, (Co-leader–Māori Party) said: “Although would significantly damage the integrity, When the debate resumed on 4 November, we welcome the new measure that requires value, and growth of New Zealand sport.” Greens member Mr Steffan Browning … good faith, it is the fact that the principle of Both the government and the opposition described the legislation as saying: “Yes, we collective bargaining is threatened that we are stressed the need for the legislation to pass will give you a little bit of a break, a little bit of an particularly concerned about.” before the summer adjournment. “There are adjustment, but too bad. This stuff is coming in. In response the Minister for Workplace time constraints because on 14 February Get ready, and adjust to it.” Relations and Safety, Hon. Michael next year the Cricket World Cup will start Although speaking in support of the legislation, Woodhouse, MP, (National) said: “The in Christchurch,” Labour member Mr Kris opposition members commented on the Employment Relations Authority has to be Faafoi explained at the second reading, on 27 length of time it took the government to move satisfied that good faith has been undertaken November 2014. the legislation through the House. Mr David before a decision to conclude the bargaining The passage of the legislation did, however, Shearer, MP, (Labour) stated that the Bill “was process is made, and that, of course, for 60 draw some criticism from opposition members. put forward by the Labour government back in days at least, prevents the right to strike. It Hon. Trevor Mallard, MP, (Labour) stated 2008” and that despite its being “a pretty simple also prevents the right of an employer to lock that although his party supported the Bill, the piece of legislation” and “agreed upon by just workers out. It goes both ways.” legislation “does not go as far as it should. It about everybody in this House” it sat on the Order Also opposing the Bill, Mr Clayton Mitchell, is badly inconsistent with the various sporting Paper for a long time. Mr Stuart Nash, MP, MP, (New Zealand First) said: “National is codes.” Also, the wider issue of problem (Labour) said: “It has taken a long time for New trying to reassure us that all workers will remain gambling was raised by the Green Party, with Zealand to recognise its WTO obligations … entitled to reasonable rest and meal breaks Greens member Mr Kevin Hague claiming the There has been a National government, there has … We remain unconvinced of that. Supposed Bill “does not get to the heart of the problem” been a Labour government, and there has been safeguards … ignore the reality that in many and Ms Denise Roche, MP, (Greens) stating another National government since the time that workplaces those affected are unaware of, or that “sports betting is the latest gateway drug.” this was actually ratified in Marrakesh by the WTO unable to assert, their rights”. Mr Woodhouse The Bill was passed unanimously. in 1994.”
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On 5 November 2014, Liberal Member conflicts. Saying it Libby Davies, MP of the its security arrangements. Party leader Justin Trudeau, is ultimately up to the House opposition New Democratic These involve not only the MP, suspended two MPs to pronounce on the conduct Party (NDP) offering support security services of the from caucus for alleged of its Members, the BOIE to the survivors of the drug Senate and the House of personal misconduct. The asked the Speaker to write to thalidomide and urging Commons, but also the Party whip, Judy Foote, MP, the Standing Committee on the government to provide Royal Canadian Mounted sent a letter to the Speaker Procedure and House Affairs support to them. In the early Police (RCMP). On 25 of the House of Commons, requesting it seek an order of 1960s, thalidomide was given November, the Joint Advisory Hon. Andrew Scheer, MP, reference to review matters to some pregnant women to Working Group on Security, in which she said two MPs related to such allegations. combat morning sickness. co-chaired by House of from another party had made On 27 November, Unfortunately, the drug had Commons Speaker Hon. allegations against Scott the House of Commons catastrophic side effects, and Andrew Scheer, MP and Andrews, MP, (Avalon, instructed the Standing babies that survived suffered Hon. Vern White, Senator, Newfoundland and Labrador) Committee on Procedure and horrible defects, such as agreed to implement a and Massimo Pacetti, MP, House Affairs to examine hands or feet growing unified security force for the (Saint-Léonard – Saint-Michel, options for addressing immediately from the body. Senate and the House of Québec). She pointed out complaints of harassment On 1 December, the Commons. On 6 February there is no process for between Members, to House of Commons voted 2015, the government tabled dealing with these kinds of make recommendations unanimously in favour of a motion calling on the situation. She asked for the on a code of conduct for the motion. The same day, Speaker to invite the RCMP Board of Internal Economy Members and a process for the Minister of Health, Hon. “to lead operational security (BOIE), the House of resolving complaints made Rona Ambrose, MP, met throughout the Parliamentary Commons’ governing body, under the code, and to make with a group of thalidomide precinct and the grounds to ensure that the cases are recommendations on training survivors. She said the of Parliament Hill, while properly addressed and for to ensure compliance with government would work with respecting the privileges, a process to be put in place the code. the survivors to determine immunities and powers to address such cases. To On 10 December, the how it can best support their of the respective Houses, complicate matters, the BOIE adopted a harassment health needs. and ensuring the continued two MPs who made the prevention policy. It applies employment of our existing allegations declined to make to Members and House Security and respected Parliamentary formal complaints. Officers as employers, their In the aftermath of the 22 Security staff.” In its response, the BOIE employees and Research October 2014 attack (see On 11 December, the said it did not have a mandate Office employees. The policy The Parliamentarian, 2014, House held a special to investigate Member-to- addresses prevention, sets Issue 4), Parliament reviewed ceremony to thank its out a process for filing and security personnel. They investigating complaints, were invited onto the floor and outlines the rights and of the Chamber to receive responsibilities of everyone Members’ tributes. In involved in a complaint. The particular, Speaker Scheer policy stresses the need to noted their many acts of respect confidentiality and to bravery, kindness and ensure the process is impartial. generosity on 22 October.
Motion to compensate the Use of House of Commons survivors of thalidomide resources for political On 27 November 2014, the offices Mr Justin Trudeau, MP House debated an opposition Hon. Andrew Scheer, MP On 3 February 2015, the BOIE motion put forward by announced it was seeking
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a total of $2.75 million in and the Liberal candidate 14%. In remedies from 68 NDP the by-election, the Conservative Members stemming from the candidate, Pat Perkins, won use of satellite offices that with 49% of the vote. The Liberal housed both parliamentary candidate came second with 41% and political staff (see The and the NDP came third with 8%. Parliamentarian, 2014, Issue Voter turnout was 3). The BOIE had determined extremely low in both that this was an inappropriate by-elections. In Yellowhead, use of parliamentary merely 16% of the registered resources. Some NDP electors voted, while in Members challenged this Rt. Hon. Stephen Harper, MP Whitby–Oshawa, only 32% Hon. Joe Oliver, MP ruling in court, but the court voted. proceedings were suspended in November while the BOIE By-elections Resignations In the House of Commons, and the NDP discussed the On 17 November 2014, On 5 November 2014, Dean the government introduced a possibility of a settlement. by-elections were held in the Del Mastro, MP, the Member number of bills, including: Alberta riding of Yellowhead for Peterborough, Ontario, • C-46, the Pipeline Safety Cabinet shuffle and the Ontario riding resigned after being found Act, which introduces On 5 January 2015, the Prime of Whitby–Oshawa. The guilty of violating the Canada measures related to Minister, Rt. Hon. Stephen governing Conservative Party Elections Act. A former prevention, preparation and Harper, MP, announced retained both ridings. Conservative MP, Mr. Del response, and liability and changes to his cabinet. In Yellowhead, the Mastro had been sitting as an compensation. Hon. Julian Fantino, MP, by-election was held to independent since September • C-48, the Modernization of was replaced as Minister of replace Hon. Rob Merrifield, 2013, when he was first Canada’s Grain Industry Act, Veterans Affairs by Hon. Erin MP, who resigned in September. charged. which allows the Canadian O’Toole, MP, formerly the In the 2011 election, Mr. Merrifield, On 16 December, Glenn Grain Commission to CANADA Parliamentary Secretary to took 77% of the vote, the NDP Thibeault, MP, the NDP establish a compensation the Minister of International candidate 13% and the Liberal member for Sudbury, Ontario, fund and includes measures Trade and once an officer candidate 3%. In the by-election, resigned to run as the Ontario related to grain quality and in the Royal Canadian the Conservative candidate, Jim Liberal party candidate in a grain safety. Air Force. Mr. Fantino, Eglinski, won with 63% of the provincial by-election, which • C-49, the Price Transparency who previously served as vote, while the Liberal candidate he won. Act, which allows the Minister of International took 20% and the NDP On 3 February 2015, the Commissioner of Cooperation and Associate candidate took 10%. Minister of Foreign Affairs, Competition to investigate Minister of National In Whitby–Oshawa, the Hon. John Baird, MP, why products cost more in Defence, was named once by-election was held to resigned from cabinet and Canada than in the United again Associate Minister replace the late Hon. Jim announced that he would States. of National Defence, with Flaherty, MP, the former be resigning as MP in the • C-50, the Citizen Voting Act, responsibilities for Arctic Minister of Finance who died coming weeks. which amends the Canada sovereignty, information suddenly in April. In 2011, Mr. Elections Act to require technology security and Flaherty had taken 58% of the Legislation voters living abroad to foreign intelligence. vote, the NDP candidate 22% In the Senate, the government provide proof of identity, past introduced Bill S-7, the residence and citizenship in Budget delayed Zero Tolerance for Barbaric order to vote from outside On 15 January 2015, Finance Cultural Practices Act. The the country. Minister Hon. Joe Oliver, practices referred to include • C-51, the Anti-Terrorism MP, announced he would not early, forced and polygamous Act, 2015, which includes deliver the federal budget marriage, and ‘honour’-based a number of measures to until at least April. The violence. Among other things, counter terrorism, including budget is usually delivered the bill makes polygamy a criminalizing the advocacy in February or March, but it ground for refusing non- or promotion of terrorism was delayed because of the citizens the right to live in offences, providing for uncertainty caused by the and visit Canada, sets 16 the removal of terrorist rapid decline in petroleum years as the minimum age for propaganda from the Internet prices, which will result in marriage, and outlaws certain and giving law enforcement lower government revenue. Hon. Erin O’Toole, MP activities related to early and agencies the power to forced marriages. disrupt terrorist activity.
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In late 2014, Royal Assent presented a report entitled Status of Women presented an irremediable disease that was granted to 20 bills. ‘Canadian Agriculture and a report entitled ‘Eating causes enduring, intolerable Among these were Bill C-13, the Canada-European Union Disorders among Girls and suffering and who have given the Protecting Canadians Comprehensive Economic Women in Canada’, in which their consent. The Court gave from Online Crime Act, which and Trade Agreement it examined this serious Parliament and the provincial deals with cyberbullying, [CETA]’. The Committee mental illness, the factors legislatures one year to enact and C-36, the Protection of made six recommendations, contributing to eating new legislation, if they choose Communities and Exploited including the approval of disorders and the obstacles in to do so. After that, the current Persons Act, which was CETA and the continued addressing them and seeking laws will become invalid. introduced after the Supreme defense of Canada’s supply- treatment. Court of Canada gave management system. The House of Commons Court ruling on royal Parliament a year to come up The House of Commons Standing Committee on assent with new prostitution laws. Standing Committee on Human Resources, Skills In January 2015, the Federal Finance presented a report and Social Development Court ruled that the governor Committee Reports entitled ‘Towards Prosperity: and the Status of Persons general’s decision to grant The Standing Senate Federal Budgetary Priorities with Disabilities presented royal assent cannot be Committee on Energy, the for People, Businesses and a report entitled ‘Renewal reviewed by the courts. The Environment and Natural Communities’. It reported on of the Labour Market applicants had argued the Resources tabled a report the Committee’s pre-budget Development Agreements’, in governor general should entitled ‘Digging Safely consultations, in which which it looked at the funding not have given royal assent – One-call Notification it asked for submissions agreements the federal to a bill that would allow Systems and the Prevention on the following topics: government has with the the citizenship of those of Damage to Canada’s balancing the federal budget; provinces and territories for convicted of terrorism to Buried Infrastructure.’ The supporting families by providing programs for the be revoked. The judgement report looked at the damage focusing on health, education unemployed. said the courts have the caused by excavation to and training; increasing power to examine laws once buried infrastructure such as business competitiveness; Court ruling on physician- they have been enacted, pipelines, wires and water investing in infrastructure; assisted suicide but cannot intervene in mains. It also examined the improving taxation and On 6 February, the Supreme the legislative process. gaps in the provincial and regulatory regimes; and Court of Canada struck down Therefore, because royal territorial one-call systems for maximizing the number and the laws prohibiting assisted assent is the final stage in contacting the various utilities type of jobs. suicide in cases of physicians the legislative process, it involved. The House of Commons assisting in the death of cannot be reviewed by the The Standing Senate Standing Committee on the competent adults who have courts. Committee on Official Languages tabled a report entitled ‘Seizing the Canada’s Parliament Opportunity: The role of communities in a constantly changing immigration system’. It looked at the impacts of recent changes to the immigration system on official language minority communities – French- speaking communities in primarily English-speaking provinces and English- speaking communities in Quebec. The Committee urged the government to enhance the vitality of official language minority communities and to support and assist their development. The House of Commons Standing Committee on Agriculture and Agri-Food
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The Winter Session of Lok Question Hour to discuss The next day, on 26 and every political party gave Sabha continued from the matter. The Congress November, Shri M. Venkaiah an astronomical figure. As a 24 November 2014 to 23 party had given a notice Naidu, responding to the issue result, people felt that if so December 2014. The first for moving an adjournment raised by several MPs, said much money was there in sitting held on 24 November motion to discuss the matter. the government was ready for foreign banks why then the was adjourned after paying The Speaker again expressed discussion but it was up to the government did not bring it tributes to the memory of two her willingness to allow a Speaker to decide the timing. back? People thought there sitting and six former MPs. discussion on the issue The Speaker did not admit the was something fishy in it. Soon after the Lok Sabha under rule 193. The Minister adjournment motion on the The BJP election manifesto met on 25 November 2014, of Urban Development, ground that it was not a matter mentioned that they would the leader of the Congress Minister of Housing and of urgent importance but said bring back the black money, Party in Lok Sabha, Shri Urban Poverty Alleviation discussion under rule 193 frame very stringent laws Mallikarjun Kharge (INC) and Minister of Parliamentary would be held as it had been and use the money in the and some other members Affairs, Shri M. Venkaiah listed in the day’s order paper. interest of the country. He demanded suspension of the Naidu said the government Later, the Speaker made wanted the government to Question Hour to discuss the was ready to discuss it under an observation regarding tell the House what it had alleged violation of a promise whatever rule the Speaker maintenance of decorum in done to bring back the money given by the Prime Minister to might allow. He urged upon the House. She observed: as more than 100 days had bring back ‘black money’ from the opposition parties to “In a democracy, everyone already lapsed. He blamed foreign banks within hundred cooperate in running the had a right to put forth one’s the BJP for creating confusion days and distribute the money House properly and to have view point. From the onset in the minds of the youth and to the citizens of India. The a proper debate on the issue. of the session, I have been the people of the country. Speaker, Lok Sabha, Smt. After lunch break, Shri Kharge repeatedly saying that we He wanted the government Sumitra Mahajan rejected pointed out that even when should not exhibit placards, to put before the House the the demand to suspend the the House was not in order shout slogans and resort to facts relating to the list of Question Hour and asked it was allowed to do certain hooting in the House. I once account holders submitted the members to give proper business. The Congress party again request you to not to the Supreme Court. Shri notice for discussing the wanted to highlight the issue compel me to resort to strict Bhartruhari Mahtab (BJD) matter. Several members because the BJP had said measures. We are prudent said money that flowed out came to the Well of the they would bring back black enough and we represent the was getting rerouted and House and started shouting money within 100 days and people. We set a role model being invested in different slogans. Some Members they should apologize for for others. So, I urge upon you forms in different fronts in were holding umbrellas with their failure to do so. to follow rules and observe the country itself. The efforts slogans written on them. The norms to facilitate smooth of the government to bring Speaker strongly objected to conduct of business in this back black money seemed this conduct. Rules provide House.” futile as these efforts did not that while the House is sitting In the afternoon, the Lok bring back a single rupee a Member shall not display Sabha took up the issue for or dollar stashed in foreign emblems, placards or any discussion under rule 193 countries. The government’s exhibits in the House as it is which does not entail voting. stand before the Supreme unbecoming. As the Members Initiating the discussion, Court that the disclosure of continued to disrupt the Shri Kharge said a feeling the names would sabotage proceedings, the Speaker had been created that the investigation and adjourned the House for despite adequate laws the benefit the guilty created some time. Soon after the previous UPA government a doubt about its integrity, House reassembled, some Lok Sabha Speaker did not invoke those laws to sincerity and seriousness. opposition Members again Smt. Sumitra Mahajan bring back the black money The present government’s asked for suspension of the stashed abroad. Every leader swift action in constituting
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Special Investigating Team was one thing and using the (IUML) claimed that a lot (SIT) was a significant money for promoting illegal of things had been done in step. Shri Anurag Singh activities like terrorism and this regard during the UPA Thakur (BJP) said the BJP drug trafficking was another government and instead of government took the decision thing. The Prime Minister mud-slinging, all should put to constitute a SIT in the owed an apology to the their heads together to find first meeting of Cabinet held nation and Parliament for his out exactly what legal and on 27 May after taking oath failure to bring back the black practical action could be the previous day. Shri T. G. money. taken to curb the problem. As Venkatesh Babu (AIADMK) Participating in the India was a party to various observed the government’s resumed debate on 27 international treaties, a focus on bringing back black November 2014, Shri Shri E. T. Mohammad specific and clear-cut legal money was premised on Mulayam Singh Yadav (SP) Basheer case must be made to bring the assumption that illicit said even six months after back black money from money was only parked in tax assuming office no effective that the matter could not abroad. Shri Kaushalendra heavens. It did not consider work had been done in this be left to government as its Kumar (JD-U) also wanted to the phenomenon of round matter. He wanted to know attitude was not credible. Shri know when the black money tripping of black money in the names of the account Prem Singh Chandumajra would be brought back and the form of investments. holders and whether the list (SAD) asserted that the distributed among the people He suggested imposing submitted to the Supreme government had made the as promised by the Prime economic sanctions on Court was complete. Shri beginning by constituting Minister. Dr Kirit Somaiya countries which refused to P. Srinivasa Reddy (YSR a SIT and the intent of the (BJP) highlighted the need part with information. Shri Congress) said most of the government was above doubt. to stop further generation Sudip Bandyopadhyay (AITC) black money went out of Shri Rajesh Ranjan (RJD) of black money and recover wanted the government India after India liberalized pointed out that black money whatever black money was should fulfill its promise made its economy. He appreciated was being invested in the real there inside or outside the during 2014 general elections the efforts being made by estate and by giving sops to country. to bring back black money the government to bring this sector the government Shri Asaduddin Owaisi within 100 days of its coming back black money. Shri M. was promoting generation of (AIMIM) asked for completely to power. The government Venkaiah Naidu (BJP) was black money. Shri Bhagwant banning Participatory Notes made this promise and happy that the Prime Minister Mann (AAP) said there as these posed the greatest commitment knowing well himself took up the issue in was no difference between danger to the security of the about the Double Taxation a big way in G20 meeting. the replies submitted to country. He wanted to know Avoidance Agreements He said the names of the the Supreme Court by the whether the government (DTAA) with many countries. accused had been obtained NDA government and the would enact a law or amend Shri Shrirang Appa Barne and their names would erstwhile UPA government. the Prevention of Money (SS) said black money was become public automatically Stating that the previous Laundering Act to include not only stashed abroad but when a charge sheet was governments did nothing on a provision that if an Indian it was also within the country filed. the issue of black money, opened accounts in any and effort should be made to Shri Mohammad Salim Shri Nishikant Dubey (BJP) foreign country they would unearth that also. Dr Ravindra (CPI-M) said governments asked the opposition to give have to show it in their Babu (TDP) congratulated the came and went out of power more time to the government income tax return. Shri N. K. government for appointing a but the black money could so that it could pursue the Premachandran (RSP) said SIT to probe into black money. neither be brought nor its matter effectively. Shri black money had come back Shri A.P. Jithender Reddy generation checked. The Badruddin Ajmal (AIUDF) to India by way of foreign (TRS) believed if the huge Prime Minister would not be believed both the opposition institutional investment black money was brought able to bring back the black and the government should through different routes and back, no citizen of the country money as those who had consider the matter seriously bringing it back was a litmus might have to pay taxes. He stashed black money abroad to bring back black money test for the NDA government. thanked the Prime Minister were hands in glove with stashed both within and Shri C.N. Jayadevan (CPI) for raising the issue at the the government. Shri Tariq outside the country. Smt. said the people of India G20 meeting in Australia. Shri Anwar (NCP) alleged since Anupriya Patel (Apna Dal) had every right to know M. Veerappa Moily (INC) said the government had failed suggested for circulating the names of all those with curbing black money that was to honour the promise made smaller currency notes once accounts in foreign banks. available inside the country during elections to bring again and formulating policy He added merely identifying and which had been stashed back black money, it owed an to implement transaction the culprits was not enough; away either by tax evasion apology to the people. Even based taxation system. Shri measures needed to be or by other methods for gain the Supreme Court stated E. T. Mohammad Basheer initiated to confiscate the
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entire amount. Shri K.C. during the proceedings of the Question Hour as there bouquet with a variety of Venugopal (INC) alleged the case, the information was no rule under which a flowers, due to which the that the BJP government could become public from member could ask for the fragrance of India spread took no new initiative except there. But prior to it, if the suspension of the Question everywhere. Hinduism did constituting a SIT under the information was made Hour. She also did not allow not teach narrow mindedness insistence of the Supreme public by the government, the notices of adjournment and bitterness; it was a Court. The government it was considered violation motion. The Speaker philosophy. He alleged was not serious about of the law or the treaty. observed that though the that in Agra, Uttar Pradesh, bringing back the money After constitution of SIT the matter was important enough, several families belonging as the Finance Minister government provided all it did not warrant interruption to a particular religion were was busy in explaining the details it had received of the business of the day and forced to convert and were the long procedures and about the account holders. the matter could be raised promised certain benefits. It technicalities involved in Out of the total 627 who had through other opportunities. was said that this was just bringing it back and the accounts in the HSBC bank Responding to the a beginning and that they DTAAs which prevented in Switzerland in between submissions made by would convert people not disclosing the names of the 2005-2007, the government Members, Shri M. Venkaiah only from one religion but holders of black money. Shri had identified the names Naidu said the issue was from other religions also. He Mekapati Rajamohan Reddy of most of them and they an important issue and the wanted the government to (YSR Congress) believed all were being prosecuted. government had no problem uphold the Constitution. Shri social welfare schemes and Criminal cases would be discussing it. If the House Sumedhanand Saraswati developmental schemes filed against the persons wanted a central legislation, it (BJP) complained that a could be implemented if found guilty of holding could be done. The Speaker small incident had been all the black money was illegal accounts and the SIT said she could allow a blown to very sensitive brought back. Dr Arun Kumar was taking action in this discussion once proper notice proportions while conversion (RLSP) said black money regard. India had 92 DTAAs was received. Later in the day, was being forced on the could be checked at national with various jurisdictions some members made further entire eastern region by and international level by and the government was submissions on the issue. giving some allurement. The providing good governance trying to reach an automatic The Minister of State of the BJP was not in favour of at various levels. Prof. transmission of information Ministry of Skill Development conversion in this country. Saugata Roy (AITMC) wanted agreement with all such and Entrepreneurship and Shri P. Kumar (AIADMK) the Finance Minister to say countries where people Minister of State in the believed in equal respect for whether he was prepared might stash black money. The Ministry of Parliamentary all religions and maintaining to revisit the confidentiality loophole in the law which was Affairs, Shri Rajiv Pratap communal harmony. Prof. clause and work out the silent on the issue of bringing Rudy said that the Saugata Roy (AITC) wanted DTAA. Shri Tathagata back the stashed money in government had already the House to unanimously Satpathy (BJD) feared illegal case it was detected needed accepted the demand for adopt a resolution endorsing money could be easily used to be removed. The Money a fully fledged discussion. that conversion was not the for terrorism and insurgency Laundering Act also needed However, a proper notice philosophy of the country and was happy that the Prime attention. He assured the should be given. Later, and the whole House stood Minister at least thought that House that the government Speaker, Smt. Sumitra united against religious black money needed urgent was treading on the correct Mahajan, after receiving conversion. No one should attention. legal path and soon the guilty notice, allowed a discussion be allowed to polarize Replying to the debate, people would be punished under Rule 193 although the society for political benefit. the Minister of Finance, and they would be forced to matter was not included in Shri Bhartruhari Mahtab Minister of Corporate Affairs bring back the black money. the day’s order paper. In this (BJD) said all persons were and Minister of Information context, the Speaker said she equally entitled to freedom and Broadcasting, Shri Arun Reported incident of was allowing discussion as of conscience, and the right Jaitley said it was an irony religious conversion a special case, without any freely to profess, practice that all the tax treaties India On 11 December 2014, some entry in the list of business. and propagate religion. But, had signed, the laws of the members demanded the She felt happy that there was if in this process somebody other countries contained suspension of the Question a consensus to take up the else was offended and public a confidentiality clause. Hour to take up discussion discussion in the House. order was disturbed, it was It did not mean that such on the reported incident of Initiating the discussion the responsibility of the information would never religious conversion in the on the situation arising due district magistrate to maintain come out. However, after state of Uttar Pradesh. Some to the reported incident of public order. He mentioned getting the information, Members had given notices religious conversion, Shri that a Bill had been moved evidence had to be gathered, for adjournment motion. The Jyotiraditya M. Scindia in the Odisha Legislative a case filed in court and Speaker refused to suspend (INC) said India was like a Assembly in 1959 to restrict
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conversion as a large number that political parties were help the States in maintaining of conversions were talking doing politics at the cost of law and order and communal place, especially in the tribal country’s unity and integrity. harmony. areas. Shri M. Murali Mohan (TDP) Shri Arvind Sawant (Shiv pointed out God did not Conference of Presiding Sena) complained why there belong to any religion, caste, Officers of Legislative was no discussion when the group or discrimination and Bodies in India tribal people were converted. people should not fight in the The two-day 77th Conference He believed the vested name of religion. Shri Rajesh of the Presiding Officers of interest were criticizing Ranjan (RJD) said India would Legislative Bodies in India Hindutva [the predominat not be able to make progress was inaugurated by the form of Hindu nationalism until people stopped fighting Smt. Ranjeet Ranjan Speaker, Lok Sabha, Smt. in India] in order to gain in the name of caste and Sumitra Mahajan on 31 the votes of a particular religion. While Shri Rajendra January 2015, at a solemn community. Shri Mulayam Agrawal (BJP) emphasized (INC) said it was unfortunate function held in the Assembly Singh Yadav (SP) observed the need to bridge the to see two faces of the Hall of the Uttar Pradesh that polarization was taking religious divide, Shri Prem government – one which Legislative Assembly in place in the name of caste Singh Chandumajra (SAD) showed rosy pictures to the Lucknow. Inaugurating the and religion, but it could be pleaded for maintaining poor and the other when their Conference, the Lok Sabha stopped provided there was harmony in the country. Shri grassroots workers indulged Speaker and Chairperson resolve. Everyone should take E. T. Mohammad Basheer in conversion. She hoped the of the Conference, Smt. a pledge not to discriminate in (IUML) complained that youth of the nation would Mahajan said the 94-year the name of caste or religion the government was not not be misled in the name of old organization provided or color and a resolution in discouraging communal hate. religion. a platform for exchange of this regard should be passed People should work together Replying to the debate, ideas and thoughts. She to send a positive message to put an end to agenda Shri M. Venkaiah Naidu said observed that though India to the country. Shri H.D. like forced conversion. Shri conversion or re-conversion was the largest working Devegowda (JD-S) said as Kaushalendra Kumar (JD- was a national challenge democracy in the world the the agenda of the government U) remarked that harmony and the entire country had strength of the country was in was to take the country among the various castes to seriously introspect, look the strength of the States. The forward in all aspects, the and religions had been into this issue and come out Centre and the States would division of society and its the cornerstone of the with some sort of meaningful have to develop and move polarization was not going to Constitution and it was solution. Development and ahead together to ensure help achieve this goal. Shri unfortunate to see people good governance were the that the federal structure Konda Vishweshwar Reddy fighting in the name of caste agenda of the government remained firm. There might (TRS) was happy that every and religion. Shri Bhagwant but some people had tried be different governments, member was against forced Mann (AAP) appealed not to utilize the opportunity just different parties but none or lured conversions. Shri to politicize religion. Shri to accuse the government. of the parties was against Mohammad Salim (CPI- Asaduddin Owaisi (AIMIM) Since law and order was development, and politics M) said Indian Constitution wanted to know whether a State subject it was for should not come in the did not permit forced or creating fear psychosis and the concerned State to way of development. She lured conversion. Although causing communal strife decide on the course of further stated that Members conversion changed the way would lead to growth and action. While freedom of expected the Presiding of worship it did not change strengthening of India? Shri faith was a fundamental Officers to guide them and the social, economic or N.K. Premachandran (RSP) right of every citizen it could help them and it was the cultural status of the converts. believed conversion in any not be allowed to become responsibility of the Presiding Shri M. Raja Mohan Reddy form, whether conversion or a licence for sustained Officers to nurture them (YSR Congress) was of the re-conversion, was a crime foreign-funded campaigns to become more effective view that nothing should be if it was done with undue of proselytisation. The tribal legislators. done by coercion or by taking influence, coercion or force. people, Scheduled Castes Smt. Mahajan said it advantage of somebody’s For Shri C.N. Jayadevan (CPI) and the poor belonging to was desirable that the backwardness or poverty. the problem was not which other communities or classes proceedings of the House Shri Tariq Anwar (NCP) religion or God one believed; seemed to be the target were carried out in an said the basic structure the problem was to think of proselytisation. Stating amicable and cooperative of the country was being that the existence of other that there should be anti- manner. Although the rules attacked under a well-thought religions was going to hamper conversion laws in the States and regulations were in conspiracy. There was a the growth of one’s own and at the Centre, Shri Naidu place and the Presiding feeling among the people faith. Smt. Ranjeet Ranjan said the Centre was ready to Officer enjoyed full powers
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to suspend the member Talking about the numerous In her concluding remarks, for unruly behaviour, it was advantages of using Smt. Sumitra Mahajan, an awkward task for the computers and laptops, she said that it was a matter Presiding Officer to do so. observed that with these of immense satisfaction The suggestion was that technologies, it was also that within the limited time there should be automatic possible to remain connected available, the Conference suspension of the Member and do the work while on the had very meaningful and for coming into the Well of move. Preservation of old constructive deliberations on the House without involving records had also become both the items on the Agenda, the Presiding Officer. She easier. Various Presiding namely, Role of Parliament in said citizens had become Officers participated in the Development and Paperless well informed and they were Shri Akhilesh Yadav discussion. The Speaker of Parliament. watching the proceedings Goa Legislative Assembly, Thirty-three Presiding of the House. Smt. Sumitra Shri Rajendra Vishwanath Officers and 49 delegates Mahajan stated that when Development the Speaker, Arlekar and Speaker, from various states the members were elected to Punjab Legislative Assembly, Himachal Pradesh Legislative participated in the any representative institution, Dr Charanjeet Singh Atwal Assembly, Shri Brij Behari Conference. they should come with said development had Lal Butail informed the The Presiding Officers’ the purpose to serve the become the keyword in each august gathering that their Conference was preceded people, irrespective of the and every political discourse Legislative Assemblies had by the 55th Conference of fact that some of them might including elections, all over gone totally paperless in their Secretaries of Legislative not have voted for them. the country. Legislatures had functioning. Bodies in India which was The Speaker suggested a significant responsibility Some Presiding Officers, inaugurated by the Secretary- members should listen to the for promoting, protecting and however, mentioned General, Lok Sabha, Shri speeches of distinguished realizing human rights through about the challenges and Anoop Mishra on 30 January parliamentarians and observe their functions of law-making, disadvantages in going totally 2015, in the Vidhan Parishad their functioning to learn oversight and representation. paperless. It was pointed out Chamber of Vidhan Bhawan. and become more effective Only strong parliamentary that the technology needed The Secretaries’ Conference legislators. institutions could help to build to be constantly upgraded, was attended by the Secretary- The Chief Minister of and solidify democracy, the training was required and General of Rajya Sabha, Shri Uttar Pradesh, Shri Akhilesh rule of law and human rights. there was need to maintain Shumsher K. Sheriff as well Yadav, addressing the Emphasizing that legislatures tight cyber security. Later, as the Principal Secretaries inaugural session, said which promote genuine Smt. Sumitra Mahajan and Secretaries from State the serious deliberations development-oriented public observed that all the Legislatures in India. that took place in these life need to be applauded Presiding Officers at least The conference discussed conferences had contributed and followed. As many as 17 agreed upon the very basic and deliberated upon significantly to the consistent Presiding Officers participated idea of reducing the use various issues relating to growth of democracy. Such and deliberated on the issue. of paper to the maximum practice and procedures of conferences not only helped Initiating the discussion extent possible, keeping in conduct of business in our in facilitating the process on the second subject view that this would be eco- legislative bodies. These of deliberations on issues of the Agenda Paperless friendly as well as fiscally included the need for a broad- related to the procedural rules Parliament on 1 February, prudent initiative. There was based Question Procedure; but also in bringing uniformity The Speaker, Lok Sabha, a broad consensus among Question of Privilege; whether in the functioning of State Smt. Sumitra Mahajan the participants to move ratification of a constitution legislatures. observed the present-day towards using less paper amendment Bill under article The Speaker, Uttar was technology driven and and gradually make the 368 by State Legislatures Pradesh Legislative Assembly, most of the information was legislatures paperless. may include a proposal Shri Mata Prasad Pandey flowing through the internet. It Addressing the concluding for amendments also?; delivered the welcome was time for the legislatures session of the conference, Prioritization of Notices to address at the inaugural to start using information Uttar Pradesh Governor, Shri be done by ballots/lots or be function. The Chairman of and communication Ram Naik said that smooth left to the discretion of the Uttar Pradesh Legislative technology in their working functioning of the House Speaker?; Legislature and Council, Shri Ganesh with a view to usher in was essential for a healthy Information Technology; and Shanker Pandey proposed an era of transparency, democracy. He believed the Discussion of the Secretaries’ the vote of thanks. faster communication and, conference would prove to be Conference-Follow up Initiating the discussion ultimately, to reduce the use a milestone in many ways in mechanism generated on the first agenda item of paper and move towards the annals of parliamentary much discussion among the Role of Parliament in paperless legislatures. history. participants.
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THIRD READING: INDIA
of Principal Act providing that the Leader of Opposition recognized as such in the House of the People or where there is no such Leader of Opposition, then, the Leader of the single largest Opposition Party in that House would be the member of the Selection Committee. It was further provided that no appointment of a Director shall be invalid merely by reason of any vacancy or absence of a member in the committee. The Bill was passed by Lok Sabha on 26 November, 2014 and Rajya Sabha on 27 November, 2014. The Bill as passed by both Houses of Parlaiment was assented to by the President of India on 29 November, 2014. Delhi airport: award winning architecture The Indian Institute of Information Technology Bill, 2014 The School of Planning and RationaThe Delhi Special Police 1. Education is a key element for developing Architecture Bill, 2014 Establishment (Amendment) Bill, 2014 human resources and contributing to the growth The School of Planning and Architecture, Section 4A of the Delhi Special Police of the society. From a relatively small beginning, New Delhi, India, a premier institution in Establishment Act, 1946, as amended by the the Indian Information Technology (IT) had the field of Planning and Architecture, was Lokpal and Lokayuktas Act, 2013 (1 of 2014), emerged as a strong and credible force and is established in 1959 as an autonomous provided for a Committee for recommending a now recognized as a major constituent of the society, registered under the Societies panel of officers to the Central Government for global IT services industry. In order to develop Registration Act, 1860. In 1979, the School appointment of the Director of the Delhi Special manpower for different areas of knowledge was conferred with the status of ‘Deemed Police Establishment. As per the existing economy, education and training in Information University’. provision in clause (b) of sub-section (1) of Technology is a prerequisite. In light of the vast changes taking place Section 4A, the Leader of Opposition in the 2. A major objective in establishing Indian in the urban, rural and industrial environment House of People, Parliament of India is one of Institute of Information Technology (IIITs) is in the country and with a view to adapting to the members of the said committee. also to set up a model of education which can the ever evolving Planning and Architectural In the absence of a provision as to how produce best-in-class human resources in IT education system globally, two new Schools the selection might be made when there is and harnessing the multi-dimensional facets of Planning and Architecture one each at no Leader of Opposition recognized as such of IT in various domains. These are conceived Bhopal (Madhya Pradesh) and Vijayawada in the House of People, it was considered as research-led institutions contributing (Andhra Pradesh), were established by the appropriate to amend clause (b) of sub-section significantly to the global competitiveness of Central Government in 2008, as registered (1) of Section 4A of the Delhi Special Police key sectors of the Indian economy and industry societies under the Societies Registration Establishment Act, 1946 and make enabling with application of IT in selected domain areas. Act, 1860. provison for inclusion of the Leader of the single While the number of students produced by The Government brought forward The largest Opposition Party in the House of the these IIITs might be small, the impact they are School of Planning and Architecture Bill to People as a member of the said committee. likely to create would be substantial. confer the status of ‘institution of national Keeping in view the legislative practice followed 3. The Government brought forward the IIIT importance’ to all the three Schools of in this regard, the Government proposed to (Amendment) Bill to provide the four existing Planning and Architecture at New Delhi, provide that no appointment of a Director shall IIITs funded by the Central Government Bhopal and Vijayawada, thereby enabling be invalid merely by reason of any vacancy or independent statutory status with uniform them to emerge as ‘centres of excellence’ absence of a Member in the committee. governance structure and policy framework with the objective of meeting the national The Government accordingly brought as also to declare them as Institutions of and international standards of planners and forward the Delhi Special Police Establishment national importance and to enable them to architects in an ever increasing environment (Amendment) Bill, 2014. The Amending grant degrees to their students in the academic of urbanisation and industrialization. Bill effected an amendment to Section 4A courses conducted by these Institutes.
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THE CHANGING OF THE GUARD?
The General Election of the Opposition, Rt Hon. and 2,500 more beds in our We are now in the final furlong Edward Miliband MP (Lab), hospitals.” He argued that of this Parliament. Under the argued that the NHS was the Government had put Fixed Terms Parliament Act facing a “crisis”. He said “over considerable extra investment 2014, Parliament must be 90,000 people in the last into A&E and into social dissolved on 30 March 2015 quarter waited on trolleys for care services and stressed and a general election must more than four hours, at least the important of a strong follow on 7 May. It is the first ten hospitals have declared economy in ensuring that the time that there has been major incident status in NHS was properly financed. this level of certainty about recent days, and one had to Finally he rounded on the when the election will be. It resort to Twitter to appeal for Leader of the Opposition used to be the case that the medical staff.” He accused for offering “no solutions” Rt Hon. Edward Milliband, MP dissolution of Parliament was the Prime Minister of breaking and said “the Leader of the a prerogative power – that a promise not to “go back to Opposition apparently said to the Monarch would choose the days when people had to the political editor of the BBC, when to dissolve Parliament. wait for hours on end to be ‘I want to weaponise the NHS.’ The Infrastructure Bill In modern times this decision seen in A&E,” and blamed two That is what he said, and I The Infrastructure Bill in has effectively been taken by Government policies – the think that is disgraceful. The particular attracted a great the Prime Minister of the day, closure of a quarter of walk- NHS is not a weapon, it is a deal of attention – primarily guaranteeing months (even in health centres and the way we care for our families, due to its provisions on years) of speculation in the reorganisation of the NHS it is a way we care for the unconventional petroleum press about the date. Before under the Health and Social elderly, it is a way we look and shale gas extraction, that, the Monarch would Care Act 2011. after the frail.” more commonly known as exercise the power based on The Prime Minister, Rt Elsewhere, legislative ‘fracking’. The Bill provides their own political priorities. Hon. David Cameron MP business is beginning to wind for a ‘right of use’ – giving The upcoming election (Con), responded, telling the up ahead of the election. individuals and companies has inevitably focused House “We knew there was Government Bills such as the right to undertake fracking minds on the high-profile pressure on our NHS, and Infrastructure, Deregulation, deeper than 300m below a political issues that the that is why, over the last year, Serious Crime and Courts, person’s property without parties believe will swing we have seen 1,800 more and Consumer Rights Bills requiring their permission. the result in their favour. doctors in our hospitals, 4,700 are nearing the end of their The provision attracted a The first Prime Minister’s more nurses in our hospitals Parliamentary passage. In large number of amendments Questions after the Christmas past years the uncertainty in Committee and at Report recess demonstrated the around the date of the end Stage. These ranged from new tone. After some words of the Parliament led to a an amendment delete the of sympathy and solidarity process called the “wash- provision entirely, tabled by following the shootings of up” in which outstanding Caroline Lucas MP (Green), 22 people at the offices of government Bills were raced through to amendments the Charlie Hebdo magazine through their remaining supported by the Chair of in Paris, both sides of the stages before dissolution. the Environmental Audit House launched into a This often involved large Committee, Joan Walley furious debate about the sections of the Bill being MP (Labour) to introduce a performance of the National removed as compromises moratorium on the issue of Health Service (NHS), to ensure their passage. It fracking. particularly in relation to remains to be seen whether a Opening the debate, the Accident and Emergency Rt Hon. David Cameron, MP similar process is undertaken Minister, Amber Rudd MP Services (A&E). The Leader under the new timings. (Con), said “Both shale gas
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and geothermal energy be agreed this afternoon, as 360,000 people signed a are exciting new energy it makes it absolutely clear petition opposing that change resources for the UK, with that there will be no shale and 99% of those who the potential to provide gas exploration or extraction responded to the Government greater energy security, until those conditions are in consultation opposed it as growth and jobs, while also place. It is not a pick list from well. To see the Government playing an important role in which she can decide which just flinging that back in the transition to a low-carbon ones she likes and which she people’s faces, simply not economy.” She argued that does not.” He criticised a lack listening to the consultation, the proposals in the Bill of time to consider the Bill at raises big questions about would ‘unlock’ the potential Report Stage and said there what the consultation is for of these forms of energy. She was a lack of clarity over what and undermines the credibility Caroline Lucas MP noted that the Government the government’s position was. of the process”. had made a number of He said “Such issues demand The supporters of a concessions to critics of the a responsible approach on moratorium were defeated House of Lords should not provision – bringing forward the part of government and by 308 votes to 52, but the have to wait for an unknowable an amendment to require regulators, not only for the Opposition’s New Clause 19 period before its Lords Spiritual the Government to seek sake of regulatory coherence, was passed unopposed. The Benches reflect the new make- advice from the Committee but to meet the higher public Commons’ amendments to up of the episcopate.” on Climate Change on the acceptability test and the the Bill will now return to the Another Bill looking to impact of petroleum extraction legitimate environmental House of Lords. gain Royal Assent before on climate change targets. concerns that many people the election is the Counter- She also indicated that the feel.” New Bills Terrorism and Security Government would accept Tim Yeo MP (Con), Alongside the Bills already Bill, a relatively short piece a New Clause tabled by the was concerned that the underway, a number of new, of legislation introducing Opposition Spokesperson, Government was going too smaller government Bills have a number of measures Tom Greatrex MP (Lab), slowly on fracking. He argued been introduced late in the including restrictions on travel introducing 13 conditions that against the “rather curious” Session. The Lords Spiritual for individuals suspected of would need to be met before idea that fracking would (Women) Bill results from the having travelled overseas to fracking could take place. increase carbon dioxide recent change to Church of support terrorist organisation, However, she indicated that emissions – observing it England law allowing women new powers in relation to the government would seek was primarily replacing an to become Bishops. Under the data retention and measures to amend one aspect of the imported source of energy existing rules 26 places in the to prevent people being clause, replacing the 300m with a domestically produced House of Lords are reserved drawn into terrorism. This limit with a 1,000m one, in the one. He conclude by saying “I for Bishops. Five of those are Bill passed the Commons House of Lords to introduce a urge the government to ignore reserved for the holders of the with all-party support over review process. She was not today the siren voices calling most senior Archbishoprics the Christmas period. The prepare to accept there should for delay; to look objectively and Bishoprics. The remainder Corporation Tax (Northern be a moratorium, arguing at the facts, which have been are allocated to bishops in Ireland) Bill was another that “It is far more sensible to analysed by many learned order of length of service. late starter, granting the explore the potential of shale institutions as well as by my The Bill would give priority for Northern Ireland Assembly and assess the impacts along Committee and other bodies; the next ten years to female powers to vary certain rates the way, while ensuring that and to recognise the huge bishops when filling these of corporation tax. Finally, development is regulated and potential benefits of fracking, other roles. The Bill was the Government will bring risks managed.” without exaggerating their passed with all-party support. forward a short Bill to reform Speaking for the impact, as I am afraid some Moving the Bill’s second the role of the Clerk of the Opposition, Tom Greatrex MP, of our less well informed reading, the Minister of State House of Commons before said that the Government’s supporters have done.” for Constitutional Reform, the end of the Parliament. position was “a shambles”. On the other side of the Sam Gyimah MP (Con) said: This proposal arises out of On New Clause 19 he said the argument, Caroline Lucas “This is a modest but the recommendations of Minister “seemed to suggest MP, argued that providing for important Bill, and it has one the Committee on House of that she would accept that more extraction of fossil fuels simple aim: to bring female Commons Governance, set amendment but that she still undermined the Government’s bishops among the Lords up following controversy over disagreed with parts of it. I commitment to its climate Spiritual sooner rather than the appointment process for am afraid that is not good change objectives. She later. Given how long women a new Clerk of the House to enough because the entirety opposed the right of use in have waited to become replace the retiring Sir Robert of that amendment needs to its entirety, saying “Some bishops, that is right. The Rogers (now Baron Lisvane).
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Parliamentarian_1_2015.indb 61 24/03/2015 15:44:35 PARLIAMENTARY REPORT AUSTRALIA SENATE CENSURES DEFENCE MINISTER
On 25 November 2014, the my remarks at a legacy of It is faux passion. It is faux Defence Minister, Senator the issues and certainly not at commitment. It is just Hon. David Johnston, during the workers in ASC, who may pretence on behalf of the question time, responded have, to my regret, taken Leader of the Opposition in to a question about the offence at those remarks. I the Senate.” future tender process for consider them to be world The Leader of the Australia’s submarine fleet. In class.” Australian Greens, Senator responding, Senator Johnston Notwithstanding these Christine Milne, in support made disparaging remarks comments, the Senate later of the censure motion, noted about the government censured Senator Johnston that such a motion makes owned Australian Submarine for the damaging remarks he it clear that a minister is Corporation (ASC). Senator made about the ASC and in Senator the Hon. David accountable and responsible Johnston stated that “ASC particular the comment that Johnston to the Senate. Senator was delivering no submarines he would not trust them to Milne commented that while in 2009 for $1 billion. They build a canoe. The Leader confidence in this minister, a Senator Johnston noted have now improved their of Opposition business, statement which completely that he never intended to output, thankfully, after two or Senator the Hon. Penny repudiates the minister’s cause offence and that he three visits from Mr Coles to Wong moved that the Senate comments. The Assistant regrets his comments, he tell them how to do it properly. censures the Minister for Minister for Infrastructure and did not apologise. Senator They are $350 million over Defence for among other Regional Development, Mr Milne stated that “he said budget on three air-warfare things “insulting the men and Briggs, said his comments he ‘regrets’. In his statement destroyer builds. I am being women of ASC Pty Ltd (ASC) were wrong.” to this Senate earlier today, conservative. It is probably by stating he ‘wouldn’t trust The Leader of the before this happened, he did more than $600 million but them to build a canoe’; and Government in the Senate, not say that he was sorry, just because the data is so bad I ‘undermining confidence in Senator the Hon. Eric that he regretted that offence cannot tell you. You wonder Australia’s defence capability.” Abetz, in defending Senator had been taken. Well, offence why I am worried about ASC Senator Wong stated that Johnstonm, noted that was taken, and offence was and what they are delivering Senator Johnston “made “what I would say to those rightly taken, because it to the Australian taxpayer! Do an extraordinary attack on opposite and especially the was a clear inference that you wonder why I wouldn’t the Australian Submarine crossbenchers is this: those the workers, the people at trust them to build a canoe?” Corporation yesterday, an that move censure motions the Australian Submarine On 26 November, Senator attack that insulted the need to come into this place Corporation, were not up to Johnston sought and was company and its workforce, with clean hands. When you the job.” granted leave to make a undermined confidence see Senator Wong’s past Independent Senator statement clarifying the in Australia’s defence performance as a failed Jacqui Lambie, in support critical comments he made capability and jeopardised finance minister and as of the motion, stated that about the ASC. He stated the integrity of one of the the failed climate change “the government created the that “regrettably, in rhetorical nation’s biggest-ever Defence minister – remember, the crisis surrounding Australian flourish, I did express my procurement contracts.” greatest moral challenge of shipbuilding because of a frustrations in the past Senator Wong further noted our time was climate change. failure of leadership by the performance of the Australian that “this minister needs to Everything had to stop to fix defence minister and the Submarine Corporation. In be censured. He has already it. And then, all of a sudden, PM. The defence minister these comments, I did not been cut adrift by his own it was just jettisoned like a should be sacked or, even intend to cause offence. colleagues, from the Prime used tissue, to be thrown better, should have enough May I say on the record here Minister down. The Prime away and forgotten about as integrity to resign for his and now that I regret that Minister issued a statement though it had never previously incompetence and lack of offence may have been taken. last night which is nothing existed. This is that sort of honesty. That might buy the I of course was directing other than a statement of no passion and commitment. PM some time; however, we
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should not have to remind with Minister Ley’s transition new Honour for pre-eminent commenting that “my government members into government and her Australians. Knights and concern is that the Australian how vitally important it is excellent policy work in the Dames in the Order of Government, the Abbott for Australia to be able to education portfolio. Based in Australia will be approved government, couldn’t find manufacture ships and regional NSW with a varied by Her Majesty on the an Australian to give one weapons.” life before entering politics recommendation of the of these awards to. Labor The censure motion was that included stints as an air- Prime Minister. There may doesn’t believe we should carried with 37 votes to traffic controller, farmer and be up to four Knights or have gone back to Dames 31. The Senate Procedural a career with the Australian Dames created in any year. and Knights, but if we’re Information Bulletin noted Tax Office, Sussan is a strong Mr Abbott noted that “this going to have the system, that “a censure motion addition to my Cabinet team.’ special recognition may let’s give it to Australians. expresses the view of the In another significant be extended to Australians And I believe that this majority of the Senate but has move, the Hon. Kevin of ‘extraordinary and pre- country has many volunteers no legal consequences.” Andrews, MP, becomes eminent achievement and and many distinguished Minister for Defence merit’ in their service to people, so it’s a question New Ministry announced replacing Senator the Hon. Australia or to humanity not of Prince Philip, it’s a On 21 December 2014 the David Johnston. Mr Abbott at large.” In particular, the question of the priorities of Prime Minister, the Hon. Tony stated that “I record my serving Governor-General this government, and who Abbott, MP, announced gratitude to Senator the Hon. will be the principal Knight they think makes a good changes to the Ministry. David Johnston who will or Dame in the Order of Australian.” Some of the notable changes stand down as Minister for Australia. include promotions for the Defence. Senator Johnston On 26 January 2015, Prime Minister Abbott Hon. Scott Morrison, MP, has done a fine job in as part of the New Year’s faces leadership spill who becomes Minister for restoring investment in the Honours, the Prime Minister On 9 February 2015 certain Social Security, and the Australian Defence Force – in a decision which members of the Liberal Party Hon. Sussan Ley, MP, who after six years of neglect and polarised the Australian moved a spill motion in an was promoted into Cabinet has effectively managed the community and his own effort to have all leadership as Minister for Health and deployment of Australian party – made Prince Philip positions vacated. Mr Abbott Minister for Sport. The Hon. Defence Force personnel to a Knight in the Order of is trailing in opinion polls Peter Dutton, MP, moves Europe and Iraq.” Australia. The Prime Minister, with most polls indicating from Health to Mr Morrison’s Other changes include stated that “the Monarchy that the government would previous position as Minister the Hon. Steven Ciobo, MP, has been an important part be defeated by the Labor for Immigration and Border promoted to the position of Australia’s life since 1788. opposition if an election was Protection. of Parliamentary Secretary Prince Philip has been a held. Mr Abbott commented that to the Minister for Foreign great servant of Australia. Mr Abbott’s electoral “Mr Morrison will devote all Affairs, and the Hon. Bob Here in this country, he’s standing together with of his energy, policy skill and Baldwin, MP, becomes the patron of hundreds an unpopular Budget has determination to this new Parliamentary Secretary for of organisations. He’s the eroded his support within portfolio which will have a the Environment. Three new inspiration and wellspring the party. The catalyst for renewed focus on families. appointments to the Ministry of the Duke of Edinburgh’s the spill motion was the In addition to responsibility include the Hon. Christian Awards which have provided Prime Minister’s decision for welfare, family support, Porter, MP, as Parliamentary leadership training for tens if to Knight Prince Philip. Mr seniors, aged care and Secretary to the Prime not hundreds of thousands Abbott in arguing against the National Disability Minister, Ms Kelley O’Dwyer, of Australians over the years the spill motion encouraged Insurance Scheme (NDIS), MP, as Parliamentary and I’m just really pleased his party not to be like Labor childcare will also be added Secretary to the Treasurer that in his 90s, towards the and prematurely remove to his portfolio.” Mr Abbott and Mrs Karen Andrews, end of a life of service and a recently elected Prime noted that “importantly, Mr MP, as Parliamentary duty, we in this country are Minister. Morrison will have carriage Secretary to the Minister for able to properly acknowledge The spill motion was of the families package the Industry and Science. what he’s done for us.” lost 61 votes to 39 and Mr Government will release The Prime Minister’s Abbott retained his position. next year to help ease the New Year’s Honours – decision was criticised within Mr Abbott acknowledged cost of living for Australian Prince Philip made a the community and also that he needed to be more families by improving the Knight in the Order of within his own party. consultative and work harder affordability and accessibility Australia The Leader of the at selling the government’s of childcare.” In relation to Ms On 25 March 2014 the Prime Opposition, the Hon. Bill message in the next 18 Ley, Mr Abbott commented Minister the Hon. Tony Shorten, MP, focused months leading into the that ‘I have been impressed Abbott, MP, announced a his criticism on Mr Abbott election.
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Later in the day, the Leader of the Opposition the Hon. Bill Shorten, MP, moved that the House has THIRD READING: AUSTRALIA no confidence in the Prime Minister commenting that “17 months ago the Prime Minister promised Australian Counter-Terrorism Legislation needed to investigate, arrest and prosecute voters a stable, mature and Amendment (Foreign Fighters) Act those supporting foreign fighters; updating adult government. What 2014 the available criminal offences so they are has happened? There have The Counter-Terrorism Legislation relevant and address the modern foreign been many promises broken Amendment (Foreign Fighters) Act fighter threat; strengthening protection at by this government, but introduces measures that will enhance the Australia’s borders; and limiting the means the promise to run a stable capability of Australia’s law enforcement, of travel for foreign fighting or support for and mature government intelligence and border protection agencies foreign fighters. is arguably the biggest to protect Australian communities from the Senator Brandis concluded that “the broken promise of this threat posed by returning foreign fighters Australian Government is committed to sad government’s last and those individuals within Australia fulfilling its most important responsibility 17 months.” Mr Shorten supporting foreign conflicts. – to protect Australia, its people and its further commented that The Attorney-General, Senator the interests – and will do so while instilling “the problem with this Hon. George Brandis noted that ‘the confidence that our national security and government is that it brought rapid resurgence in violent extremism counter-terrorism laws will be exercised down a budget which broke and the participation in overseas conflicts in a just and accountable way. This Bill all the promises it made. by some Australians present new and is an important step in the Government’s They broke their promises. complex security challenges for our nation. continuing efforts to strengthen Australia’s ‘No new taxes’. Tell that to The ongoing conflicts in Syria and Iraq are robust national security laws to proactively the people paying taxes. adding to this challenge and the number and effectively address the threat posed by ‘No cuts to education’. Tell of Australians who have sought to take returning foreign fighters.” that to the states losing part, either by directly participating in these The Shadow Attorney-General, the their funding for schools. conflicts or providing support for extremists Hon. Mark Dreyfuss, MP, advised that Remember the promise fighting there, is unprecedented.’ the opposition supported the legislation about no changes to health Senator Brandis stated that “the risk but that it was essential that it be subject care? Tell that to the people posed by returning foreign fighters is to review by the Parliamentary Joint paying the GP tax. This one of the most significant threats to Committee on Intelligence and Security. nation does not need a new Australia’s national security in recent years. Mr Dreyfuss noted that the opposition’s Liberal leader; it needs a new Our security agencies have assessed that bipartisanship on matters of national government.” around 160 Australians have become security is never a blank cheque. Mr In responding to the involved with extremist groups in Syria and Dreyfuss commented that “bipartisanship motion, Mr Abbott stated Iraq by travelling to the region, attempting on national security means that we share that “I will say this to the to travel or supporting groups operating the government’s assessment of the Leader of the Opposition: there from Australia. While this is not the current threat and that we will support sure, this government has first time Australians have been involved necessary and effective measures to not got everything right. in overseas conflicts, the scale and scope address the threat. As an opposition, it Sure, this government of the conflicts in Syria and Iraq, and the means that we will conduct our side of does not pretend to be number of Australians presently involved, the debate and our negotiations with the perfect. But this is what is unparalleled and demands specific and government in a constructive fashion. this government has not targeted measures to mitigate this threat.” But that does not mean we cannot be a done. We have not wasted The key measures in the legislation constructive critic. It does not mean we will billions of dollars. We have include: broadening the criteria and support every measure the government not put hundreds of lives streamlining process for the listing proposes. It does not mean that we will at risk. And we have not of terrorist organisations and clarify not advocate for improvements to those jeopardised Australia’s vital associated offences; preserving and measures that we support, to ensure that international relationships. enhancing key counter-terrorism measures they will be effective.” This is a good government due to expire; providing certain law Mr Dreyfuss noted that the opposition which is getting on with enforcement agencies with the tools has fought hard to improve the Bill “both the job of working for the Australian people.”
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by making sure that it actually assists our the Japan-Australia Economic Partnership agreement commenting that “I regret agencies in addressing the foreign threat Agreement to enable goods that satisfy to say that this criterion of high-quality and by insisting on necessary safeguards new rules of origin when imported agreements has, certainly from the for the fundamental democratic freedoms into Australia from Japan to be given perspective of many stakeholders, been which characterise our society and our preferential rates of duty. downgraded by the government in its quest way of life in Australia. We pursued these The Minister for Trade and Investment, to stage signing ceremonies to coincide improvements in the committee, where the Hon. Andrew Robb, MP, noted with bilateral visits. Many Australian Labor members and senators closely that “the Japan-Australia Economic industries have expressed concern about scrutinised the bill and tested the case for Partnership Agreement is a comprehensive being short-changed. We know that the each new measure. In cooperation with the agreement that substantially liberalises announcement of the Japanese agreement government members of the committee, we trade with Japan and creates significant was timed to ensure that it coincided with achieved 36 substantial recommendations new commercial opportunities for the Prime Minister’s visit to Japan in April.” for improvements to the Bill.” Australian businesses. Japan is Australia’s Senator Wong noted that “the public In particular, the committee second largest trading partner and the record records the disappointment of recommended that sunset provisions implementation of this agreement will the National Farmers’ Federation and in the legislation be reduced so that significantly boost Australia’s position in of key export sectors. The NFF said the parliamentary scrutiny of key measures this major market, as this agreement is the agreement falls far short of the mark and it could be reviewed at an earlier time. most liberalising trade agreement Japan does not improve, or marginally improves, Mr Dreyfuss noted that “control orders, has ever concluded.” market access and terms of trade for a preventative detention orders and the Mr Robb advised that “more than 97 number of sectors, such as dairy, sugar, ASIO (Australian Security Intelligence % of Australia’s exports to Japan will grains, pork and rice. Australian Pork Organisation) questioning and detention receive preferential access or enter Limited described the agreement as powers are each extraordinary and duty-free on full implementation of the ‘substandard’ and a ‘missed opportunity’. unprecedented powers introduced in the agreement.’ At the same time, ‘goods Canegrowers called it ‘yet another kick mid 2000s in response to the September imported into Australia that meet the in the guts for Aussie cane growers’. The 11 attacks and the Bali and London rules of origin, implemented through this Ricegrowers’ Association of Australia was bombings.’ Mr Dreyfuss indicated that bill, will be entitled to claim preferential extremely disappointed. The Dairy Industry ‘the intelligence committee after robust tariff treatment in accordance with the Association of Australia observed, ‘Our debate concluded that these provisions agreement.” words fell upon deaf ears.’ One wonders, should sunset two years after the next The Shadow Minister for Trade and given the litany of views that I have outlined federal election. It is right and proper that Investment, Senator the Hon. Penny from these industries, where the National the next parliament be obliged to grapple Wong, firstly noted that the opposition Party was when these complaints were with these powers again and to decide on supported the legislation. She noted that being raised with the government.” its own account whether their continuation Labor has a long history of supporting Senator Wong concluded that “Australia is justified. Labor was not satisfied that stronger trading relationships with our and Japan have a strong and stable the case had been made for a much more region and the world. She stated that “we relationship, a good relationship, and one lengthy extension. It is not acceptable that in the Labor Party support trade because that we do want to continue to build on. these extraordinary powers could operate it is all about ensuring that we can try to We welcome the opportunities provided for two decades without being properly create more jobs and build higher living by this agreement to further build on that reviewed by the parliament.” standards for Australians. Fundamentally, relationship and to grow our economies Australia – given the size of our market – and domestic employment. Labor do Customs Amendment (Japan- will not be able to do that if we sell only to believe that the Abbott government should Australia Economic Partnership ourselves. So it is a fundamental economic have secured a more comprehensive and Agreement Implementation) Act 2014 principle, and that has guided this trade inclusive agreement with Japan. However, The Customs Amendment (Japan- liberalisation approach of the Labor Party we do recognise the agreement provides Australia Economic Partnership Agreement over successive Labor governments.” benefits to Australia. We support the bills Implementation) Act gives effect to Senator Wong discussed the adequacy before the chamber, which are critical to Australia‘s obligation under Chapter 3 of and initial reaction of the free trade the implementation of the agreement.”
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