TheParliamentarian

Journal of the Parliaments of the Commonwealth 2017 | Volume 98 | Issue Three | Price £14

Shared interests in Commonwealth Parliaments The challenges facing CPA Small Branches

PLUS Opportunities for Ethics and the Why are elections 20th anniversary of the Small Branches in the peace-building and their observation Universal Declaration ‘post-Brexit’ era Commonwealth important? on Democracy

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STATEMENT OF PURPOSE The Commonwealth Parliamentary Association (CPA) exists to connect, develop, 63rd COMMONWEALTH PARLIAMENTARY CONFERENCE promote and support Parliamentarians and their staff to identify benchmarks of good governance, and implement the enduring values of the Commonwealth. DHAKA, BANGLADESH 1 - 8 NOVEMBER 2017 (inclusive of arrival and departure dates) Calendar of Forthcoming Events Confirmed at 18 August 2017 2017 For further information visit www.cpahq.org/cpahq/cpc2017 August

31 August Commonwealth Conference for Parliamentarians with Disabilities –1 September - Halifax, Nova Scotia, Canada

October

8 to 12 October 9th Commonwealth Youth Parliament – British Virgin Islands

15 to 21 October Canadian Parliamentary Seminar - Ottawa, Canada

19 to 20 October CPA Small Branches Strategy Meeting - Valetta, Malta

20 to 25 October 48th CPA Africa Regional Conference - Imo State, Nigeria

23 to 25 October 36th CPA Australia and Pacific Regional Conference – New South Wales, Australia

24 to 27 October 5th CPA Asia Regional Conference - National Assembly of Pakistan

26 October CPA Regional ‘Hot Topic’ Forum for Australia and Pacific Regions - New South Wales, Australia ŪŪ One of the largest annual gatherings of Commonwealth Parliamentarians. November

ŪŪ Hosted by the CPA Bangladesh Branch and the Parliament of Bangladesh. 1 to 8 November 63rd Commonwealth Parliamentary Conference – Dhaka, Bangladesh ŪŪ Over 500 Parliamentarians, parliamentary staff and decision makers from across December the Commonwealth for this unique conference and networking opportunity. ŪŪ CPA’s global membership addressing the critical issues facing today’s modern 11 to 14 December Annual Session of the Parliamentary Conference on the WTO – Buenos Aires, Argentina parliaments and legislatures. 2018 ŪŪ Benefit from professional development, supportive learning and the sharing of best practice with colleagues from Commonwealth Parliaments together with April the participation of leading international organisations. 16 to 20 April 2018 Commonwealth Summit 2018, London and Windsor, United Kingdom The publication of a Calendar of Commonwealth Parliamentary Association (CPA) events is a service intended to foster the exchange of events and activities between Regions and Branches and the encouragement of new ideas and participation. Further information may be obtained from the Branches concerned or the CPA Headquarters Secretariat. Commonwealth Parliamentary Association (CPA) Branch Secretaries are requested to send notice of the main CPA events and conferences to [email protected] in Email: [email protected] | Tel: +44 (0)20 7799 1460 | www.cpahq.org advance of the publication deadline to ensure the Calendar is accurate. Twitter @CPA_Secretariat | Facebook.com/CPAHQ Further information can also be found at www.cpahq.org or by emailing [email protected]. CONTENTS: THE PARLIAMENTARIAN CONTENTS 2017: ISSUE THREE

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The Parliamentarian: VIEWS & NEWS & FEATURE PARLIAMENTARY Journal of the Parliaments Annual subscription of the Commonwealth COMMENT PHOTOS ARTICLES REPORTS (four issues) Volume 98 UK: £44 inc. postage. 2017: Issue Three Worldwide: £46 surface post The Parliamentarian £52 airmail ISSN 0031-2282 Editor’s Note CPA Photo Gallery Commonalities in The regulation of Increasing the Parliamentary Price per issue Issued and published by Common interests in Recent CPA activities Commonwealth parliamentary ethics numbers of indigenous independence and the UK: £14 the Secretariat of the Commonwealth Parliaments and events A case study from Jersey Worldwide: £15 surface post Commonwealth Parliamentary Page 188 Pages 198-199 Parliaments Parliamentarians separation of powers £16 airmail Two similar CPA Small Branches Page 218 Diversity management theory An expert view Association (CPA), CPA Page 206 and increasing indigenous Page 244 Secretariat, Suite 700, Disclaimer CPA News Parliamentarians Westminster House, View from the Decoding the code Opinions and comments Reports from CPA regional Applying the CPA Recommended Page 231 7 Millbank, London CPA Chairperson The role and expressed in articles and conferences for Speakers, Brexit and the Benchmarks for Codes of Conduct SW1P 3JA, United Kingdom CPA Chairperson’s Gallery reviews published in The Presiding Officers and Commonwealth for Members responsibilities of Tel: +44 (0)20 7799 1460 Page 190 Committee on Public Parliamentarian are those of Clerks The challenges that Brexit Page 220 the Governor of a Fax: +44 (0)20 7222 6073 Pages 200-202 poses for CPA Small Branches Administration the individual contributors and Email: [email protected] View from the 20 years of progress in State in India should not be attributed to the Page 208 A case study of Arunachal Pradesh www.cpahq.org Re-engaging the accountability in Québec Secretariat of the Association. CWP Chairperson CPA Lecture Series Page 247 Page 234 Networking between Parliaments International Climate disengaged Mr Akbar Khan Ethics and the Why Parliamentary education Contributors and creating alliances Change expert urges Secretary-General peace-building and community engagement is Thank you to all contributors Page 192 Parliamentarians to lead the Why are elections Parliamentary Report Parliaments’ core business for this issue. fight against global warming Commonwealth Legislative reports and third Mr Jeffrey Hyland Page 223 and their observation at first Commonwealth The role of parliamentary ethics readings from Canada, Editor, The Parliamentarian View from the important? Printed in: United Kingdom by Parliamentary Association Page 210 Québec, New Zealand, United [email protected] CPA Small Branches What are the challenges they face? Warners Midlands, PLC; Lecture for the Caribbean, The role of Parliaments Kingdom, Australia and India Page 237 New Delhi, India by Jainco Art Chairperson Americas and Atlantic Region Members’ conflicts Pages 250-270 Main images and front cover: in building intercultural India, and Singapore by Times Opportunities for CPA Small Page 203 of interests in a small CPA & Shutterstock. Additional Branches in the ‘post-Brexit’ era bridges for dialogue In defence of CPA Organisational Printers Private Limited. images: Commonwealth Page 194 jurisdiction A view from the United Kingdom democracy Structure Secretariat and Commonwealth Commonwealth Bias and conflict in Small Branches Page 226 20th anniversary of the Universal CPA Executive Committee Parliaments. Page 212 View from the CPA Women Declaration on Democracy and Commonwealth Women Secretary-General Parliamentarians Celebrating 150 Page 240 Parliamentarians (CWP) Giving a voice to the Small (CWP) News Ethics and discipline years of Canada’s Steering Committee Members, Branches of the CPA CWP news and regional in Parliaments confederation Democracies in Regional Secretaries, CPA Page 196 strengthening activities A view from Bihar, India Canada’s recognition of its transition Headquarters Secretariat and Page 216 Editorial Advisory Board Page 204 indigenous peoples A case study from Pakistan Pages 271-273 Page 228 Page 242

186 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 187 EDITOR’S NOTE EDITOR’S NOTE

building intercultural bridges for dialogue following her participation in the 4th World Forum on Intercultural Dialogue in Azerbaijan. Hon. Yasmin Ratansi, MP (Canada Federal) celebrates the COMMON INTERESTS th 150 anniversary of Canada’s confederation and looks at Canada’s recognition of its indigenous peoples while Dr Chris Bourke, MLA (Australian Capital Territory) observes how recent diversity IN COMMONWEALTH management theory can be applied to the goal of increasing the number of indigenous Parliamentarians in the CPA Australia Region. Hon. Sylvain Gaudreault, MNA (Québec) is the Chairman of PARLIAMENTS the Committee on Public Administration, the equivalent of the Public Accounts Committee (PAC) in many Commonwealth jurisdictions and he celebrates its achievements as it reaches its 20th anniversary. Election observation expert, Dame Audrey Glover (OSCE) shares with readers why elections and their observation are important and what the main challenges are for observers from her many years of experience. To mark the 20th anniversary of the Universal Declaration on Democracy in 2017, Martin Chungong, Secretary-General of the The Editor’s Note Inter-Parliamentary Union (IPU) writes in defence of democracy while Ms Neelofur S. Hafeez (Pakistan) shares the experiences of It has often been said that the Commonwealth One of the emerging themes that Members of democracy in transition from the Senate of Pakistan. highlights the things that unite us and our mutual the CPA Small Branches have highlighted is the Jon Breukel from the Parliamentary Library and Information understanding across the world and this issue of role of parliamentary ethics and its regulation in Service at the Parliament of Victoria in Australia, provides us with The Parliamentarian features articles and news that Parliaments and Legislatures. an analysis of the Commonwealth Latimer House Principles and the demonstrate the common interests that we share. Hon. Juan Watterson, SHK, Speaker of the separation of powers. Vivek K. Agnihotri (Rajya Sabha, India) writes Indeed, the 2013 Commonwealth Charter House of Keys (Isle of Man) examines the role about the role and responsibilities of the Governor of a State in India highlights our shared interests, principles and of the Member in parliamentary ethics in the light and the curious case of the Arunachal Pradesh Legislative Assembly. values when it states: of the 2017 Commonwealth theme of ‘A Peace- This issue features a report of the third lecture in the “Recalling that the Commonwealth is a voluntary building Commonwealth’. Commonwealth Parliamentary Association’s international lecture association of independent and equal sovereign Deputy Dawn Tindall (Guernsey) looks at the series and the first for the CPA Caribbean, Americas and Atlantic states, each responsible for its own policies, Jeffrey Hyland, Editor unique challenges of conflicts of interests that Region, with the keynote address given by the Head of the Multilateral consulting and co-operating in the common interests The Parliamentarian, Members’ face in a small jurisdiction while Greffier Environmental Agreements Unit of the Government of Trinidad and Above: The cover of the supplementary publication of The of our peoples and in the promotion of international Commonwealth Mark Egan (Jersey) provides a case study from his Tobago, Mr Kishan Kumarsingh. The lecture, hosted by the CPA Parliamentarian on Bangladesh published ahead of the 63rd understanding and world peace, and influencing Parliamentary Association jurisdiction on the regulation of parliamentary ethics. Trinidad and Tobago Branch on behalf of the CPA Caribbean Region, Commonwealth Parliamentary Conference (CPC). international society to the benefit of all through the Tom Duncan (Australian Capital Territory) reflected on the‘ geo-political response to climate change’. pursuit of common principles and values.” provides a review of the CPA’s Recommended This issue also features reports of recent regional conferences Ahead of the one of the largest annual gatherings of The Commonwealth Parliamentary Association (CPA) is taking Benchmarks for Codes of Conduct applying to Members of Parliament with CPA Members - the 16th Commonwealth Speakers and Commonwealth Parliamentarians at the 63rd Commonwealth positive steps in this important work through its membership, and how they have been applied in his legislature. Presiding Officers Conference for the CPA Africa Region; the 48th Parliamentary Conference (CPC) hosted by the CPA Bangladesh outreach and programmes work. Although not from a Small Branch of the CPA, Hon. Shyam Presiding Officers and Clerks Conference for the CPA Australia Branch and the Parliament of Bangladesh from 1 to 8 November This issue of The Parliamentarian features a number of articles Rajak, MLA (Bihar, India) brings another view of the importance and Pacific Regions; and the 18th Biennial Conference of Presiding 2017 (inclusive of arrival and departure dates) in Dhaka, Bangladesh, from the CPA’s network of Small Branches. Of the over 180 of the regulation and discipline of parliamentary ethics and the Officers and Clerks of the Caribbean, Americas and Atlantic (CAA) we are delighted to provide a supplementary publication to this issue Branches of the CPA, forty-three Branches are classified as Small Secretary-General of the Commonwealth Parliamentary Association, Region of the Commonwealth Parliamentary Association. of The Parliamentarian. The supplement features articles by Members Branches, which are defined as jurisdictions having a population Mr Akbar Khan in his View article looks at giving a voice to the Small This issue of The Parliamentarian features reports of Commonwealth of Parliament in Bangladesh and the United Kingdom that examine below 500,000 people. Some of the articles in this issue highlight Branches of the CPA. Women Parliamentarians (CWP) recent activities including the CWP many different areas of the political and cultural life of Bangladesh. their unique needs and requirements in parliamentary strengthening, As the Chairperson of the CPA Executive Committee, Hon. Dr Canada Regional Steering Committee meeting in Manitoba; reports of We look forward to hearing your feedback and comments development and cooperation. Shirin Sharmin Chaudhury, MP (Bangladesh) comes to the end of CWP activity in the CPA Pacific Region; and the Regional Conference on this issue of The Parliamentarian, on the issues of concern to Hon. Anġelo Farrugia, MP, Chairperson of the CPA Small her three year term in office, we provide a gallery of photographs of and Sub-Regional Women and Girls’ Forum of the CWP Caribbean, Parliamentarians across the Commonwealth and to receive your Branches and Speaker of the House of Representatives of the her past and recent CPA activities over the last three years. Americas and Atlantic Region in St Kitts and Nevis. future contributions to this publication. Parliament of Malta writes about the opportunities for CPA Small Many different topics are examined in this issue of The The Parliamentary Report and Third Reading section in this issue Branches in the ‘post-Brexit’ era which was the main theme at Parliamentarian. Hon. Dr Dato’ Noraini Ahmad, MP, Chairperson of includes parliamentary and legislative news from Canada Federal, Jeffrey Hyland the recent 47th CPA British Islands and Mediterranean Regional the Commonwealth Women Parliamentarians (CWP) and Member of Québec, India, New Zealand, the United Kingdom and Australia, both Editor, The Parliamentarian Conference. Hon. Dr Joseph Garcia, MP (Gibraltar) also focuses on the Parliament of Malaysia writes about the networking opportunities the States and Territories and the Federal Parliament. [email protected] this theme in his article on ‘Brexit’ and the Commonwealth. between Parliaments, the possibilities of creating alliances and how the The many similarities between two CPA Small Branches in remote ASEAN network has used networking to further women’s participation. Editorial Advisory Board for The Parliamentarian jurisdictions in Canada and Australia are examined by Hon. Kezia Hon. John Ajaka, MLC (New South Wales) writes about We are delighted to welcome the members of the recently established Editorial Advisory Board for The Parliamentarian, the Commonwealth Purick, MLA, Speaker of the Northern Territory Legislative Assembly ‘Re-engaging the disengaged’ and why parliamentary education and Parliamentary Association’s flagship quarterly publication and the Journal of Commonwealth Parliaments. The Editorial Advisory Board will and Hon. Jackson Lafferty, MLA, the Speaker of the Legislative community engagement is Parliaments’ core business. Baroness advise the Editor of The Parliamentarian and the CPA Headquarters Secretariat on the journal’s direction and editorial content for the years Assembly of Northwest Territories. Manzoor (United Kingdom) discusses the role of Parliamentarians in ahead. For further information about the new members of the board and the work of the Editorial Advisory Board please turn to page 271.

188 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 189 VIEW FROM THE VIEW FROM THE CPA CHAIRPERSON CPA CHAIRPERSON

CPA CHAIRPERSON’S GALLERY As the Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury, MP, Speaker of the Parliament of Bangladesh comes to the end of her three year term in office (2014-2017), we publish a small gallery of photographs of her past and recent CPA activities over the last three years.

Left: The Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury, MP, Speaker of the Parliament of Bangladesh, launched the CPA Roashows for Young People in March 2016 with a group of 150 young people from five different schools and colleges at the Parliament of Bangladesh. The CPA Roadshows have visited Above: The Chairperson of the CPA Executive Committee, Hon. Above: The Chairperson schools and universities across the Dr. Shirin Sharmin Chaudhury, MP (centre) attends the CPA of the CPA Executive Commonwealth to help to increase young British Islands and Mediterranean Region’s Commonwealth Committee welcoming Below: The Secretary-General of the CPA, Mr Akbar Khan met people’s awareness of parliament, democracy and the CPA and the Women Parliamentarians’ Conference, hosted by the Members to the CPA Mid- with the Chairperson of the CPA and Speaker of the Parliament CPA Chairperson has held three CPA Roadshows in Bangladesh. Parliament of Gibraltar in February 2015. Year Executive Committee of Bangladesh, Hon. Dr Shirin Sharmin Chaudhury MP on his first Meeting in April 2015 in Kota official visit to Bangladesh in January 2016. Kinabalu, Sabah, Malaysia.

Left: The CPA Chairperson speaking at the CPA Workshop on ‘Economic and Financial Challenges for Emerging Economies’ in Bangladesh in November 2014

Above: The Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury, MP, Speaker of the Parliament of Bangladesh called upon Madam Halimah Yacob MP, Speaker of the Parliament of Singapore at Parliament House during a recent visit to Singapore in August 2017.

Below: The Chairperson of the CPA Executive Committee, Hon. Dr Below: The CPA Chairperson also met with the Deputy Speaker Below: Hon. Dr Shirin Sharmin Chaudhury, MP, CPA Chairperson Above: The CPA Chairperson opens the 62nd Commonwealth Shirin Sharmin Chaudhury, MP presents the Bangladesh Youth of the Parliament of Singapore, Hon. Lim Biow Chuan, MP, who together with Mr Akbar Khan, CPA Secretary-General meet Her Parliamentary Conference in December 2016. Leaders Alumni Award to Osama Bin Noor (centre), co-founder, Youth is a member of the CPA’s International Executive Committee Majesty Queen Elizabeth II, Head of the Commonwealth and Patron of Opportunities and Queen’s Youth Leaders Award winner in June 2017. representing the CPA South-East Asia Region. the Commonwealth Parliamentary Association at the Commonwealth Below: The Chairperson of the CPA Executive Committee attends Secretary-General’s Commonwealth Day 2016 reception. the 46th CPA Africa Regional Conference in Kenya in August 2015. Image credit: Commonwealth Secretariat

190 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 191 VIEW FROM THE VIEW FROM THE COMMONWEALTH WOMEN COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) PARLIAMENTARIANS (CWP) CHAIRPERSON CHAIRPERSON NETWORKING BETWEEN PARLIAMENTS AND CREATING ALLIANCES How the ASEAN network has used networking to further women’s participation

View from the Commonwealth Women Parliamentarians (CWP) Chairperson

Women Parliamentarians must foster solidarity, Political-Security Community, Economic Community, cooperation, collaboration, inspiration, leadership, Socio-Cultural Community. It is also key to continued and other skills to build capacity and capability economic growth, to a reduction in the development gap between parliaments. Through establishing networks and the sustainable development of the region. and alliances between Parliaments, women The ASEAN region is now planning for the next Parliamentarians can establish shared values and phase of regional integration, based on the themes identify priorities, which can in turn lead to change. of “people oriented” policy and “good governance”. of the nation, the Malaysia Government launched the National Youth Above: Youth engagement: The CWP Chairperson, Hon. Dr Dato’ Looking at ASEAN (The Association of However, the concept of ASEAN Connectivity Transformation Programme in 2015. Noraini Ahmad MP, together with Members of the Malaysian South East Asian Nations) as an example, remains important in enhancing the development Parliamentarians and decision-makers must ensure there is Parliament and the CPA Secretary-General at a CPA Roadshow women Parliamentarians of the ASEAN Inter- of the ASEAN region to be a more economically political will to address youth needs, and should commit to make for Young People in April 2017 with over 100 university students parliamentary Association (WAIPA) have competitive and resilient region, especially as the youth voices heard at all levels. Building partnerships and networking and members of the Malaysia Youth Parliament at UiTM (MARA shown a tremendous commitment to facilitating Hon. Dr Dato’ Noraini Ahmad, fastest growing market in the world with a consumer with them is important to ensure youth are beneficiaries of, and University of Technology) in Malaysia where students had the networking between women Parliamentarians MP, Chairperson of the population of 625 million. partners in, the national development process. opportunity to discuss the importance of the Commonwealth of the region, and to establishing networks Commonwealth Women Women Parliamentarians need to engage with the Women Parliamentarians can play a pivotal role in the realization of and of parliamentary democracy. with other women’s associations and women’s Parliamentarians (CWP) and meaning of economic integration and connectivity the right to migrant social protection within ASEAN. This would and could meetings within international organisations, Member of the Parliament of to provide capacity building and the necessary be strengthened via ASEAN parliaments devising regional multilateral Conclusion including the CPA, the CWP network and the IPU. Malaysia. foundations and tools for success among women. Trade frameworks, agreement and standards based on research, inclusive Women Parliamentarians must inspire the upholding of meaningful Economic and social development both liberalization, movement of professionals, intellectual policy development, best practices and human rights standards. values, should be able to identify the potential of other women, both present many opportunities to women and women Parliamentarians policy rights, and competition policy are some of the areas which have Essentially ASEAN is presupposing to attract more people and within the parliamentary sphere and outside it, and connect with each and we should undertake every available opportunity and develop helped develop the economic integration and connectivity between establish a common market. Thus, free movement of people does other for deeper understanding. By undertaking these commitments, our skills to ensure that the inspiration to succeed is reinforced. ASEAN member states. expedite integration. However, ASEAN countries do not stand on a women Parliamentarians can help to provide positive change and Such cooperation from women to women and led by women ASEAN has also engaged other countries in developing economic par with each other economically and in infrastructure development. solidarity within Commonwealth countries. Sustainable benefits for definitely fosters more momentum for success amongst women. The partnerships and to ensure regional comprehensive economic There are many regulations which need to be put in place, such women Parliamentarians should be based on inclusive systems in development of key skills and a new ‘skills-building’ process amongst strength. India, China, Korea, Japan and New Zealand are some of as intellectual property protection, consumer protection and free which all women can participate and, at the same time, calls for respect women would enhance and strengthen our capacity. Women the more economically viable countries and work in tandem with movement that connects the people. by every member of the wider society. Women’s voices and good Parliamentarians who have the parliamentary capacity could monitor ASEAN’s connectivity aspirations. As an example, Japan has had a The 2008 ASEAN Charter (Article 1 Paragraph 11) states decision-making should resonate equally across the Commonwealth. and evaluate the progress of women for their future success. comprehensive Free Trade Agreement with ASEAN since 2008, and that ASEAN would “enhance the well-being and the livelihood of Networking plays a critical role in helping women to reach out to Women Parliamentarians as leaders are thus urged to do more for has been investing in ASEAN infrastructure and finance. the people of ASEAN by providing them with equitable access to each other in support, to exchange knowledge, to promote growth interactive participation which would meet all nations’ demands for One of the pressing issues regarding connectivity is bureaucracy, opportunities for human development, social welfare and justice.” and to generate the energy needed in the women’s development greater public engagement. and as such, the ASEAN Secretariat could help place or organize Section 3.2.2 of the ASEAN Economic Community Blueprint process. Successful networking requires an understanding of what As a way forward, ASEAN has announced its master plan continuous meetings for better coordination between Ministers, Such recommends: “(1) Establish an integrated social protection and we can do for each other, and it also requires time, patience and a AEC 2025, for the next phase of regional integration. AIPA and platforms allow conceptual and contentious issues to be discussed. social risk management system... And (3) Strengthen system of commitment to helping others. women Parliamentarians play a pivotal role in the making of the Youth represent a huge demographic population of ASEAN, social protection at the national level and work toward adoption of Women Parliamentarians are thus urged and encouraged to next generation and the sustainability of all projects and future which is behind the huge consumer boom within ASEAN. One of the appropriate measures at the regional level.” connect more within the sphere of their parliamentary office by infrastructures; thus, women Parliamentarians need to be more far- key points in the ASEAN Summit in Kuala Lumpur 2015 was the In 2007, ASEAN agreed to the Declaration on the Protection engaging with the people of their constituencies. sighted and move towards increased collective actions. inclusion of youth in the entrepreneurship economic blueprint where and Promotion of the Rights of Migrant Worker (DPPMW) and the Women Parliamentarians should be considered as catalysts towards ASEAN connectivity transforms the region into a more competitive they have developed a strategic plan. ASEAN Committee on the Implementation of the Declaration on the the future success of their nations, and it must be recognized that and resilient network and allows it integrate itself into the global A total of 885,800 youth participated in youth development Protection and Promotion of the Rights of Migrant Workers (ACMW) sustainable benefits can be gained through our voice and good decision- economy. The Master Plan on ASEAN Connectivity (MPAC) is a programmes between 2011 and 2013 in the areas of leadership, was established. making should be recognized by all of us - across the Commonwealth. blueprint, which consists of a 5-year plan of action to enhance the socio-economic development, volunteerism, and international youth The ASEAN framework Agreement Services is needed on the region’s physical infrastructure, institutions, and people-to-people cooperation. In addition, 10,812 youth participated in entrepreneurship movement of natural persons as well as migrant workers. Natural person Article adapted from a presentation by the CWP Chairperson at the relations to realize the cooperation between ASEAN countries. programmes to enhance their skills and capabilities in doing business. in this context refers to Professionals. It is hoped that policy makers Commonwealth Women Parliamentarians Working Group and Strategy MPAC was adopted on the 28th October 2010. Recognising the potential for youth to become future leaders and could work out a hindsight policy through some permissible political tools. meeting in February 2017 on best practice and how to share lessons learnt. Connectivity is key to realizing the ASEAN community based on 3 pillars, upholding the responsibility of long-term planning for the prosperity

192 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 193 VIEW FROM THE VIEW FROM THE CPA SMALL BRANCHES CPA SMALL BRANCHES CHAIRPERSON CHAIRPERSON OPPORTUNITIES FOR CPA SMALL BRANCHES IN THE ‘POST-BREXIT’ ERA View from the CPA Small Branches Chairperson

In the context of an ever-globalised world, the of voluntary cooperation, goodwill, partnership, meaning of borders and their management understanding, openness and flexibility. Despite is changing. This can create uncertainty and the different statuses and relationships amongst instability especially when it comes to jurisdictions CPA Members with the EU, what is common among which are connected to larger countries in some BIMR Members is that the EU has enabled us all way or another. CPA Small Branches have the to have open borders within it and with each other. ability to prosper in a peaceful and economically This means that within the CPA, the door is also integrated world; however, such a world needs open to welcome opportunities for tourism, trade Commonwealth. Legislatures within the CPA should be able to find Above: The CPA Small Branches Chairperson joins supranational institutions that enforce free trade and employment as well as increased security and comfort in opportunities that the CPA, through its programme of Commonwealth Parliamentarians at the 47th CPA British and ensure the proper functioning of markets. stability, which must also be open amongst our activities, has to offer in order to increase good governance, their Islands and Mediterranean Regional Conference in Gibraltar Within the Commonwealth, lie a number of small region. economic stability and rely on the CPA to look for a safe house and on the theme of ‘Strengthening the role of the BIM Region; jurisdictions who hold limited power over their Hon. Anġelo Farrugia, Similarly, the CPA recognizes that effective reach out for support. considering the role of Small Branches post-Brexit’. own governance since they are not sovereign. MP, Chairperson of the policies and practices can come from the small, the Members of Parliament from across the Commonwealth are This article will attempt to delve into how the CPA Small Branches and inexperienced and the underdeveloped as well as well-placed to bring to the discussions their experience in countless independence from Britain were taken in 1979 when the UK troops Small Branches of the Crown Dependencies Speaker of the House of from the large, the sophisticated and the rich. situations, including those on economic and border issues. The and the Royal Navy left Malta for good. Yet, in spite of the legal or Overseas Territories deal with such issues Representatives of the For the UK and its Commonwealth partners experiences of countries of all sizes and stages of development, separation from the UK, the economic, social and cultural ties that resulting from their size and historical fates. Parliament of Malta. there is safety in knowing that even once the EU and the diverse practices of national, state, provincial and territorial developed between the two countries thanks to Commonwealth With ‘Brexit’ talks and separation of territories flag goes down, there will always be the much larger Parliaments and Legislatures, no two of which work exactly alike, relations remain as strong as ever, and one expects that they will amidst discussions, one must not misjudge or side-line the effects Commonwealth family, which, together with its parliamentary arm, provide the perfect opportunity for such exchanges. remain as strong even when the ‘Brexit’ effects have settled. that ‘Brexit’ will bring on the smaller dependent countries. Viewing remains a strong tool to foster strength and support among countries However, their contribution does not stop at being an ideal ‘Brexit’ as just one country leaving the European Union is a very short- and Parliaments. forum for discussion. By meeting in a Commonwealth setting, Conclusion sighted one. The United Kingdom embraces a number of Overseas Parliamentarians from all over the world have the opportunity to As circumstances are evolving, solidarity between the jurisdictions Territories and Crown Dependencies who over the years have built The ‘post-Brexit’ scenario appreciate the value of the wider Commonwealth of Nations. They and the Branches in the CPA British Islands and Mediterranean not only an economy but also a sense of belonging on the back of this We are now facing a ‘post-Brexit’ scenario in which the UK, being the take back to their own Branches – and to their governments – a Region and the wider CPA as a whole has now become a priority special relationship. Gibraltar is one such overseas territory which has largest and most influential Branch of the CPA British Islands and greater realization of the advantages of using the Commonwealth as and can no longer be considered as a luxury. Small Branches face long been favouring the influence of the British rule and shunning Mediterranean Region, is set to leave the European Union, which – a force for good. more complex issues of sovereignty and identity which may result in Spanish claims over its territory. This quandary is present also in through its single market – is the largest, most open economy in the Also unusual in the international arena, the Commonwealth is uncertainties. One must be wary of relying on the dependent country other regions of the Commonwealth; talks with Argentina concerning world. One hopes that the close geographic and cultural proximity much more than just a collection of governments: it is an alliance as it can be reasonably expected that when push comes to shove their claim over the Falkland Islands are also ongoing. If one asks a of the Region with the EU will result in Gibraltar not being collateral of people who reinforce and extend the work of governments by they will put their needs in front of the rest, failing to realise the Gibraltarian or a person from the Falkland Islands whether they feel damage and becoming a trophy following a battle of territories. 96% of bringing the Commonwealth connection to the grass roots of politics collateral damage that might result from that action. more British or Spanish/Argentinean respectively, I am confident voters in Gibraltar expressed the desire for the UK to remain in the EU. and of every aspect of society. In light of this, we must work together to enhance the relationships that their reply will be British. Questions over the status and rights Lacking in natural resources, its strong ties with the UK and the EU has And this is where Small Branches come in. Returning to the we are building with each other to learn new lessons and share of residents of the Sovereign Base areas of Akrotiri and Dhekelia in enabled the services sector, through its links with the European Single issue of Gibraltar, this Overseas Territory can find comfort in the old experiences which clearly are still relevant. We must bridge the Cyprus have also been raised. Market, to thrive. ‘Brexit’ is now putting all of this at risk. Commonwealth, and specifically the CPA British Islands and information gaps present among Small Branches of the CPA in order So what happens in these circumstances when a jurisdiction is so In the discussion about the status of the British Overseas Mediterranean Region, as a place where good practices from past to be effective. small in ability that it must depend on others? Territories and Crown Dependencies in the context of ‘Brexit’, one experiences can be shared. To this end, as Chairperson of the Small Branches, I feel that one During the most recent CPA British Isles and Mediterranean must remember that one of the cornerstones of the CPA is the Hailing from a Small Branch within the CPA, I must say that Malta of the first steps we should take is to commission a study to collect Region (BIMR) Conference organised by the CPA Gibraltar Branch opportunities it offers for the exchange of information, sharing can relate well to these situations. Thanks to its history, Malta can historical and current information concerning the Small Branches in May this year, ‘Brexit’ and its effect on different communities was experiences and debating policies. serve as an example of good practice for other small jurisdictions in of the CPA, which is then analysed from a strengths-weaknesses- the main issue raised within the Small Branches’ overarching theme. The CPA is recognized by Commonwealth Heads of Government the way that it was able to adapt to surrounding situations and take opportunities-threats (SWOT) perspective. I believe that the findings This led to a lengthy yet interesting debate regarding how smaller and intergovernmental agencies as an organisation which acts strong decisions, highlighting its ability to strive despite its dimensions of such a study would serve as food for thought for our future dependencies will fare following ‘Brexit’. to strengthen good parliamentary governance and contributes and limitations. Following its independence from the UK in 1964, debates within the Small Branches and thereby contribute to setting The Commonwealth has always worked on the principles in a tangible manner to the development of all the peoples of the Malta moved on to become a republic. The final steps towards true objectives and benchmarks throughout our assemblies.

194 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 195 VIEW FROM THE CPA VIEW FROM THE CPA SECRETARY-GENERAL SECRETARY-GENERAL

GIVING A VOICE TO THE SMALL BRANCHES OF THE CPA

View from the 7th CPA Secretary-General

Our Commonwealth family, is defined by our their unique needs and requirements in parliamentary diversity comprising large and small member states, strengthening, development and cooperation. developed and developing, strong and weak, island One such example of a CPA programme was the and landlocked. As the Commonwealth Parliamentary CPA Small Branches Committee Workshop, held Association, we are also defined by the recognition we in partnership with the CPA Isle of Man Branch in give to supporting small states and by extension our August 2015, which brought together Members small parliamentary Branches. from Small Branches to provide a forum to discuss For CPA Small Branches, I believe that the CPA is the process of scrutiny by way of the parliamentary one of the best possible parliamentary associations committee system and the unique challenges where Members of a smaller legislature can sit faced by the CPA’s Small Branches. Many small alongside Members from much larger Parliaments in jurisdictions have very strong traditions which are complete equality and with equal voice. This in turn Mr Akbar Khan particular to themselves but through forums such as helps to highlight best practices in Small Branches, Secretary-General of this, we are able to identify particular common issues to ensure that Parliaments are effective, accountable and inclusive Above: The Commonwealth Parliamentary Association their vulnerabilities and concerns and provides a the Commonwealth and solutions which benefit all Members. institutions at all levels. Secretary-General’s video message commending the platform to share these across the Commonwealth’s Parliamentary Association For all of our CPA Branches, one of the principal Another important step in the revised support for CPA Small regional twinning programmes between the CPA Australia parliamentary community. indicators of the success for any legislature or Branches has been the review of the CPA Headquarters Secretariat and CPA Pacific Regions is played to the delegates at The CPA’s network of Small Branches has, since 1981, convened parliament must be the delivery to its citizens of the benefits of funding policy to support Branch programme delivery and the changes the 48th Presiding Officers and Clerks Conference for the at the annual Commonwealth Parliamentary Conference (CPC) for the democracy and development and the difference it makes to their lives. in these finance rules to allow Branches to apply in advance to deliver a CPA Australia and Pacific Regions at Parliament House in CPA Small Branches Conference, to discuss the unique and distinct As the Secretary-General of the CPA, I have been fortunate to have seen diverse range of programme activity approved by the CPA International Sydney, Australia in July 2017 (see page 201). challenges facing Small Branches and to seek, through the sharing for myself during my Branch visits, some of the challenges facing Small Executive Committee. This small but important funding development has of experiences, new strategies to strengthen our legislatures; making Branches in seeking to deliver the benefits of democracy to their citizens. already helped Small Branches to take forward CPA activities. Commonwealth Youth Parliament in October this year demonstrating them more representative, responsive and accountable to the people This first-hand exposé to the peculiarities of Small Branches The CPA is the only Commonwealth body that works to strengthen their commitment to the CPA’s important work in reaching out to young they serve. has underscored my determination to prioritise through the CPA’s national, state, provincial and territorial assemblies and legislatures with people to promote parliamentary democracy. Of the over 180 Branches of the CPA, forty-three Branches are programme of parliamentary strengthening the needs of Small Branches many of these found in the CPA’s Small Branches. The relationship I am delighted to welcome the new Chairperson of the CPA classified as ‘Small Branches’, which are defined as jurisdictions having to better meet the benchmarks of an inclusive, transparent and gender between the CPA’s Small Branches is therefore key to providing a Small Branches, Hon. Anġelo Farrugia MP, Speaker of the House of a population below 500,000 people. The CPA Headquarters Secretariat equal legislature that reaches into communities to engage people in the platform to develop good parliamentary practice and to share good Representatives of the Parliament of Malta. The role of Chairperson of works closely with Small Branches in all Regions of the CPA to identify democratic process. practice with other similar legislatures across the Commonwealth. Small Branches is a new Officer role for the CPA and the new Small Despite the many challenges facing Small Branches, their The platform that the CPA provides for Small Branches to network, Branches Chairperson has joined the CPA International Executive “Of the over 180 Branches of the CPA, experience shows that by adopting a pragmatic and responsive share good practice and innovative work to strengthen the role of Committee to bring a voice for Small Branches to the governing body of approach to the issues that the CPA’s Small Branches face, rather than Parliament as an institution, is essential in an age of greater scrutiny of the CPA. The new Small Branches Chairperson is seeking to build an forty-three Branches are classified a prescriptive or rigid one, it is possible for small legislatures to adapt to Parliament’s work. exciting new strategy and is developing a focused work programme for as ‘Small Branches’, which are the rapidly changing context in which they operate, which in turn helps The CPA’s conferences, seminars and meetings also enable Small Branches to enable the CPA to better support Small Branches to to build their resilience. Commonwealth Parliamentarians to reach beyond their own Parliaments meet their unique and specific needs. defined as jurisdictions having a A significant recent development in this aim to support Small to contribute in a global setting to the development of best parliamentary I would strongly encourage all CPA Small Branches either alone population below 500,000 people. Branches has been pioneered by the CPA Headquarters Secretariat practices and the most effective policies for parliamentary strengthening. or collectively through their regional networks to share with the Small with the launch of the CPA Parliamentary Fundamentals Course on I was delighted that the Legislative Assembly of Northern Territory, Branches Chairperson their experience of the unique challenges facing The CPA Headquarters Secretariat Practice and Procedure for Small Branches, developed and delivered one of the CPA’s Small and most active Branches, stepped up to host Small Branches - such as resource constraints, the challenges of works closely with Small Branches in association with McGill University in Canada. This course is aimed over 30 Commonwealth Speakers and Members of Parliament for the oversight and difficulties establishing an effective committee system, or at ‘upskilling’ newly elected or returning Parliamentarians with the recent CPA Executive Committee meeting in Darwin in April 2017. The opening parliament up to the public - to ensure that the future CPA Small in all Regions of the CPA to identify relevant skills and tools to help them become effective Parliamentarians hosting of a large-scale international meeting like this demonstrates their Branches strategic approach is genuinely responsive to its membership. their unique needs and requirements and to build their skills for post-parliamentary life. The first intake of commitment to parliamentary democracy and the work of the CPA and 25 Parliamentarians from Small Branches began in April 2017. The is an excellent opportunity to showcase their Branch to Parliamentarians Mr Akbar Khan in parliamentary strengthening, Parliamentary Fundamentals Course goes to the heart of the CPA’s from across the Commonwealth. 7th Secretary-General development and cooperation.” ambition – to strengthen Parliaments and Parliamentarians’ work Another CPA Small Branch, the British Virgin Islands, will host the 9th Commonwealth Parliamentary Association (CPA)

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Above: The CPA St Kitts and Nevis Branch hosted the 42nd CPA Above: Delegates at the 55th CPA Canadian Regional Conference, Above: The Commonwealth Parliamentary Association has played Above: Following the CPA post-election seminar, a CPA Roadshow for Regional Conference of the Caribbean, Americas and Atlantic (CAA) hosted in Winnipeg, Manitoba from 16 to 22 July 2017, stand in front of a crucial role in embedding good governance in Turks and Caicos over 150 young people was held at the Helena Jones Robinson High Region from 16 to 24 June 2017 in Basseterre, St Kitts. the Manitoba Legislative Building. with a CPA post-election seminar for newly elected Members of School Auditorium in Turks and Caicos as part of the CPA Roadshows the Legislature to strengthen parliamentary practice and procedure tour of Commonwealth schools and universities. The CPA Secretary- Below: The 13th Caribbean Regional Youth Parliament, hosted by the Below: During the CAA Regional Conference, the CPA Caribbean, following the recent elections. The CPA is the only Commonwealth General was accompanied at the CPA Roadshow by the Speaker; the St Kitts National Youth Parliament Association (SKNYPA), also took Americas and Atlantic Regional ‘Hot Topic’ Forum Part Two took body that works to strengthen territorial assemblies and legislatures Premier and the Leader of the Opposition; and many Members of the place with young people aged 18 -29 years from across the region. place on the need for increased women’s political participation for the as well as national, state and provincial legislatures. The seminar House of Assembly of Turks and Caicos. The event was attended by Hon. Anthony Michael Perkins, Speaker of benefit of wider society as they discussed the ‘hot topic’ of the region was opened by Hon. Dwayne S. Taylor, MHA, Speaker of the House the National Assembly of St Kitts. Participants in the youth parliament ‘Seeking to Increase Women’s Political Participation’. The Forum was of Assembly of Turks and Caicos; Hon. Sharlene L. Cartwright- Right: The came from St.Kitts, Nevis, Antigua and Barbuda, Trinidad and Tobago, moderated by Professor Verene Shepherd of the University of the Robinson, MHA, Premier of Turks and Caicos and the CPA Commonwealth Barbados, Cayman Islands and Bermuda. West Indies (Mona). Secretary-General, Mr Akbar Khan. The newly elected Members Parliamentary heard from experts from across the Commonwealth including: Association Montserrat; Ontario, Canada; and Trinidad and Tobago. Headquarters Secretariat have hosted the Towards Outstanding Below: A Commonwealth Parliamentary Association post-election Leadership Alumni event on the theme of ‘collaboration’ with alumni from seminar has helped to embed democracy in the Cayman Islands the programme from a wide range of public, governmental and charitable and highlight the importance of equal gender representation in sectors. CPA Secretariat staff also benefited from the learning and parliaments. The two-day CPA post-election seminar attended by development programme which covered presence and power, powerful the CPA Secretary-General was held at the Legislative Assembly listening and working collaboratively. The CPA Secretary-General, Mr of the Cayman Islands for newly elected and returning Members Akbar Khan also shared his experience of cross-cultural collaboration to provide training and guidance to the Legislature in all aspects of from his many years of experience in various leadership positions. good parliamentary practice. Presided over by the Cayman Islands Speaker, Hon. W. McKeeva Bush, the Members heard from experts Right: The CPA Secretary- Below: Members of the Khyber Pakhtunkhwa Provincial Assembly Below: A global study group on Public Accounts Committees (PACs) from neighbouring Branches in the region: Trinidad and Tobago; General Mr Akbar Khan in Pakistan visited the Commonwealth Parliamentary Association and their oversight of responses to national crises organised by Bermuda; and Jamaica as well as from former Members of the met with Lord Ahmad of Headquarters Secretariat to meet with the CPA Secretary-General, the Commonwealth Parliamentary Association and hosted by the Cayman Islands Legislature. Wimbledon, UK Minister for Mr Akbar Khan to discuss the CPA’s Parliamentary Fundamentals Legislative Assembly of British Columbia took place in Victoria, Canada. the Commonwealth at the Programme on Practice and Procedure and parliamentary strengthening The study group is working on recommendations for action and heard Below right: Following the seminar, a CPA Roadshow for around 50 Foreign & Commonwealth opportunities. The delegation were visiting the United Kingdom as part of from global experts in the field and was attended by Members from young people aged 14-18 in the Cayman Islands highlighted youth Office to discuss parliamentary a British Council Facilitated Parliamentary Exchange Programme. Grenada, Samoa, Sierra Leone, British Columbia and Sri Lanka. participation in a parliamentary democracy. strengthening in the Commonwealth ahead of the Commonwealth Summit 2018.

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Commonwealth Speakers and Presiding Officers from the CPA Africa Region Celebrating Regional Twinning between Parliaments at the 48th Presiding Officers end their conference pledging to accelerate the modernization and the integrity and Clerks Conference in New South Wales, Australia of Parliaments in the region The Speaker of the New South Wales Legislative Assembly, Formal meetings Hon. Shelley Hancock, MP and the President of the New South arranged throughout the Wales Legislative Council, Hon. John Ajaka, MLC were delighted conference provided The 16th Commonwealth Speakers and Presiding Officers The 16th to host the 48th Presiding Officers and Clerks Conference for further opportunities for the Conference for the CPA Africa Region took place from 21 to Commonwealth the CPA Australia and Pacific Regions at Parliament House in Presiding Officers to share 29 July 2017 in Abuja, Nigeria and ended on a high note with Speakers Sydney, Australia from 2 to 7 July 2017. experiences, announce the pledge to accelerate the modernization and affirming of the and Presiding The conference provided a unique forum for the Presiding plans and agree to integrity of African Parliaments. Officers Officers and Clerks of eight Australian Parliaments, the Parliament various interparliamentary The Speakers and Presiding Officers called for more vigilance Conference of New Zealand and eight Pacific Island Parliaments to discuss their matters. Delegates in protecting the integrity, effectiveness and efficiency of the (CSPOC) Africa pivotal roles and experiences in the Parliamentary and Legislative shared experiences and parliamentary process to serve the non-partisan interests of citizens Region opening institutions from the region and to celebrate their work together. information on a variety of of the members of the Commonwealth Parliamentary Association. ceremony was Delegates to the conference were welcomed with a topics relevant to the role Amongst the many outcomes and resolutions at the conference, attended by the reception at Government House where they were warmly of Presiding Officers, Clerks and the administration of Parliament delegates recognised that e-Parliaments are a key development Chairperson of the CPA Africa Region Executive Committee, welcomed to New South Wales by the Governor of New South which included: public engagement, parliamentary security, statutory Wales and the New South Wales Presiding Officers. accountability and procedural innovation. tool for all Parliaments and Legislatures and that members of Hon. Lindiwe Maseko, MP (South Africa); Hon. Emilia Monjowa The following day, the conference commenced with the formal A highlight of the week was the official conference dinner where the CPA Africa Region need to embrace these developments if Lifaka, MP, Vice-Chairperson of the CPA International Executive opening ceremony outside Parliament House which began with a delegates were able to take a well-earned break from the intensive institutions are to remain relevant and deliver on their mandates, Committee and Deputy Speaker of the National Assembly of ‘welcome to country’ address delivered by aboriginal elder Uncle conference programme over a meal served by the New South especially when it comes to citizen participation. Cameroon; the Acting President of Nigeria, HE Professor Yemi Chicka Madden followed by a traditional indigenous smoking Wales Parliament’s world class catering department while they were Other key resolutions included: broadening the scope, powers Osinbajo; the President of the Nigeria Senate, Senator Dr Bukola ceremony. Delegates were then welcomed into Parliament House entertained by the New South Wales Young Women’s Jazz Band and and competencies of Parliamentary Budget Offices (PBOs) Saraki; and the Speaker of the Nigeria House of Representatives, and the Legislative Assembly Chamber with a traditional Pacific the Cook Islands performance group. The conference programme in order to provide impartial, non-partisan, independent and Hon. Yakubu Dogara and was held at the International Conference welcome by a local Cook Islands performance group. included tours and lectures about the unique structure and history of cutting edge analysis of the economy and budgets in support of Centre in Abuja. Once settled after a rousing opening ceremony, Hon. Shelley the New South Wales Parliament. Emeritus Curator of the New South Parliament’s oversight role; and a strong caution of Parliaments, in The conference was attended by Speakers and Presiding Hancock, MP was elected as Chair of the conference and Hon. Wales State Library, Mr Paul Brunton OAM delivered a lecture about th their engagement of non-state actors, to avoid any signs of ‘state Officers from 11 CPA Africa Region countries including Chester Borrows, MP, Deputy Speaker of the New Zealand the 200 Anniversary of the Rum Hospital which was refurbished to capture’ to maintain and promote the integrity and capacity of Botswana, Cameroon, Ghana, Lesotho, Namibia, Nigeria, Sierra Parliament was elected as the Deputy Chair. The opening address form the front section of the parliament building. was delivered by Hon. Professor Dame Marie Bashir, AD CVO, Delegates were taken on a day excursion to showcase some Parliaments to spearhead the delivery of dividends of democracy Leone, South Africa, Tanzania, Uganda and Zambia. former Governor of New South Wales. of the unique beauty of Sydney and the western New South to the people. Presenters at the conference included the Chairperson of The formal proceedings of the conference culminated in a Wales landscape with visits to the Featherdale Wildlife Park to the South African National Council of Provinces, Hon. Thandi celebration of the 10th anniversary of the Twinning programme view native Australian animals and the famous Blue Mountains. th Below: Ahead of the 16 Commonwealth Speakers and Presiding Modise, MP and the Deputy Speaker of the Ghanaian Parliament, between Australian and Pacific Islands Parliaments, which took The conference was formally closed by Hon. Shelley Hancock, Officers Conference (CSPOC) Africa Region, the Acting President Hon. Alban Bagbin, MP who both addressed the conference on place in the Legislative Council Chamber and was presided over MP who conveyed a sincere thank you from the host Parliament of Nigeria, HE Professor Yemi Osinbajo (centre right) received the their experiences in managing an e-Parliament in their respective by the President of the Legislative Council, Hon. John Ajaka, MLC. to all the delegates for participating in an incredibly valuable Chairperson of the CPA Africa Region Executive Committee, Hon. jurisdictions. The Commonwealth Parliamentary Association Secretary- week. This year’s Presiding Officers and Clerks Conference was Lindiwe Maseko, MP (South Africa) and Hon. Emilia Monjowa Lifaka, The next biennial conference of Commonwealth Speakers and General, Mr Akbar Khan had recorded a video address commending heralded by all as an incredibly informative, insightful and above MP, Vice-Chairperson of the CPA International Executive Committee Presiding Officers of the CPA Africa Region will be held in 2019. the regional twinning programme, which was played to the delegates all enjoyable event. The Presiding Officers, Clerks and Officers of and Deputy Speaker of the National Assembly of Cameroon along with at the commencement of the celebrations. Representatives of the the New South Wales Parliament enjoyed hosting the event and the President of the Nigeria Senate, Senator Dr Bukola Saraki; and the respective Australian State and Pacific Island partnerships discussed the valuable friendships made throughout the week. the experiences and benefits of their twinning relationships and the Speaker of the Nigeria House of Representatives, Hon. Yakubu Dogara. Adapted from text provided by Brett Rodgers, Department of the Legislative Council, twinning programme was universally acclaimed by all delegates. Parliament of New South Wales. Images provided by NSW Parliament.

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18th Biennial Conference for Clerks and Presiding Officers of the Commonwealth International Climate Change expert urges Caribbean Parliamentarians to lead the fight against Parliamentary Association Caribbean, Americas and Atlantic Region takes place in Tobago global warming at first Commonwealth Parliamentary Association Lecture for the region

Clerks Conference, hosted by the Parliament of Trinidad and Tobago and the lecture was attended by over 35 Speakers, Presiding Officers and parliamentary staff from across the Caribbean Region. The Commonwealth Parliamentary Association Lecture Series is a global programme of Commonwealth lectures that offer Members of Parliament and the parliamentary community a unique opportunity to hear from distinguished former and current Parliamentarians and key policy-makers who have made an outstanding contribution to their nation’s democracy and to the institution of Parliament and all that it During the first Commonwealth Parliamentary Association Lecture represents. An expert in international environmental law and its for the CPA Caribbean, Americas and Atlantic (CAA) Region, national application, Mr Kishan Kumarsingh has authored Trinidad the Head of the Multilateral Environmental Agreements Unit of and Tobago’s National Climate Change Policy and First National

Images provided by the Parliament of Trinidad and Tobago the Government of Trinidad and Tobago, Mr Kishan Kumarsingh, Communication to the United Nations Framework Convention on stressed the importance of implementing the Paris Accord Climate Change (UNFCCC). The Trinidad and Tobago Branch of the Commonwealth Following the end of the 18th Biennial Conference of Presiding on Climate Change at a national level and how Speakers and Collectively, this series of lectures will contribute both to the Parliamentary Association welcomed delegates attending the Officers and Clerks of the Caribbean, Americas and Atlantic Presiding Officers in the Caribbean Region can take the lead. CPA’s continuing dialogue within its membership and to reach out 18th Biennial Conference of Presiding Officers and Clerks of Region of the Commonwealth Parliamentary Association, a small Mr Kishan Kumarsingh stressed the need for all countries beyond to other stakeholders such as members of the international the Caribbean, Americas and Atlantic (CAA) Region of the reception was held at the Tavaco Lounge at the Magdalena Grand to adhere to the Paris Agreement and the importance of and community, the diplomatic corps, civil society and the wider public Commonwealth Parliamentary Association. Beach Resort. challenges to its implementation. He also spoke about the role that with the lectures being available online through the CPA website The conference was attended by over 40 Presiding Officers The Conference also saw the first CPA Commonwealth Commonwealth Parliamentarians can play in this process and how and YouTube channel. and Clerks from sixteen Branches in the CAA Region. During Parliamentary Lecture for the Caribbean, Americas and Atlantic they can promote the application of new technologies of climate To view the CPA lecture on ‘The Geo-political response to the official opening ceremony hosted at the Magdalena Grand Region delivered in its margins. change adaption and mitigation: “The impact of climate change Climate Change’, please visit the following link: Beach Resort in Tobago, Hon. Bridgid Annisette-George, MP, poses a substantial threat to Small Island States. Addressing https://youtu.be/1vSKKnLXyjE. Speaker of the House offered welcome remarks followed by a climate change and implementing a multi-disciplined approach is feature address by the Chief Secretary of the Tobago House of of crucial importance. Climate change is a development issue, not Assembly, Hon. Kelvin Charles. In closing, the Presiding Officer an environmental issue and is beyond political partnership.” for the Assembly Legislature, Dr Denise Tsoiafatt Angus offered The Speaker of the Parliament of Trinidad and Tobago, Hon. the vote of thanks. Bridgid Annisette-George, MP said: “The CPA Lecture reinforced The conference was held on the overall theme of ‘Parliamentary the issues we were discussing during the Conference. Mr Accountability and Governance - Comparing Institutional Kumarsingh’s presentation reminded me of the importance of the Designs’ and delegates convened into sessions held on various role of Presiding Officers in parliamentary committees to achieve topics including: ‘Sharing of recent procedural developments’, the SDGs and exercise effective oversight through committee ‘The Committees System in Small Parliaments - meeting mechanisms. It also underlined the importance of Parliament the challenges’, ‘Parliamentary Leadership: Strengthening as a monitoring entity as part of the Monitoring, Reporting and Accountability’, ‘Improving relations between Parliaments and Verification framework for Climate Change.” Society’, ‘Strategic Planning: a starting point for building effective The CPA Commonwealth Parliamentary Lecture, titled ‘The Parliaments’ and ‘The adequacy of administrative support for the Geo-political response to Climate Change’, was delivered in management of the Legislative Branch in Small Island States’. the margins of the 18th Biennial Regional Presiding Officers and

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Commonwealth Women Parliamentarians (CWP) Navigating Gender Equality through Pacific Parliaments’, in association with the Pacific Women’s Parliamentary Partnerships. News and Regional Strengthening Activities In the Autonomous Region of Bougainville, activities promoting more women representatives in Parliament has been done CWP Canada Regional Steering Committee Meeting highlights through parliamentary education and outreach programmes. previous activities and forthcoming priorities in 2017 This included a Mock Parliament jointly facilitated by the The CWP Canada Regional Steering Committee Meeting took House of Representatives and the Department of Community place on 17 July 2017 during the 55th CPA Canada Regional Development with support from Care International, World Vision Conference, hosted by Hon. Myrna Driedger, MLA, Speaker of and Department of Foreign Affairs and Trade (Australia). The four the Manitoba Legislature. The meeting provided Members with women MPs in the House continue to advocate the mission to Above: Commonwealth Women Parliamentarians from the the opportunity to hear about activities over the previous year, and increase women representatives. A presentation on the PWPP Caribbean, Americas and Atlantic Region at their annual to think about priorities for the upcoming year. Outrigger workshop on gender equality was also provided at meeting in St Kitts in June 2017. Hon. Linda Reid, MLA (British Columbia), gave her report Members’ referendum induction. as the CWP Canada Chair, emphasising the importance of the In June this year, Cook Islands women MPs met together attended from Anguilla, Antigua and Barbuda, the Bahamas, Steering Committee continuing their efforts to create a website with visiting New Zealand women MPs and women who aspire Barbados, Bermuda, the British Virgin Islands, the Cayman Islands, and to promote CWP in Canada on a variety of platforms, to be candidates for the next General Election in 2018, with the Dominica, Guyana, Jamaica, Montserrat, Nevis Island, St Kitts and including social media. The importance of continuing to build ties opportunity to discuss matters and issues around encouraging Nevis, Trinidad and Tobago, and Turks and Caicos. with other groups who promote the role of women in Legislative more women to stand for future elections, with a similar meeting The CWP regional meetings opened with discussions on the Assemblies was also emphasised. Parliamentarians who being held in Niue. status of the CWP generally and in the CAA Region specifically. participated in conferences, such as the CWP Working Group Above: (left to right) Former Chair of CWP Canada Region and In Tonga, in June 2017, a women in leadership breakfast was Amongst the matters discussed during the CWP Regional and Outreach in Saskatchewan, also gave their reports. host for the Canadian Regional Conference, Hon. Myrna Driedger, convened with visiting New Zealand women MPs, including Conference, there was significant discussion of the need for As the CWP Canada Chair’s mandate would be ending at the Speaker of the Legislative Assembly (Manitoba); current Chair of the CWP International Vice-Chairperson, Hon. Munokoa Poto closer communication and more frequent meetings of members, close of the Bangladesh conference and she would be replaced CWP Canada, Hon. Linda Reid, MLA (British Columbia); incoming Williams, MP (New Zealand). CWP New Zealand also held a raising the profile of the CWP within the CPA, seeking formal by the Alternate Chair, Hon. Laura Ross, MLA (Saskatchewan), Alternate Chair, Hon. Lisa Thompson, MLA (Ontario); and current fundraising breakfast on Breast Cancer Awareness in May 2017. and informal partnerships with both international and regional the CWP Canada Steering Committee proceeded with the Vice-Chair, Hon. Laura Ross, MLA (Saskatchewan) in front of the In addition, a milestone in its work spanning several years to end organisations, online meetings and trainings, and the inclusion of election of a new Alternate CWP Canada Chair. Hon. Lisa famous monument featuring ‘Nellie McClung and the Famous Five’ under-aged and forced marriage was the CWP New Zealand’s young people and support of youth Parliamentarians. Thompson, MLA (Ontario) was elected by acclamation for a in the grounds of the Manitoba Legislature in Canada. submission to the Justice and Electoral Committee on the Family Attending Members also reported on the activities in their three-year mandate as Alternate CWP Canada Chair to begin and Whānau Violence Bill. Branches over the past year, as well as the difficulties faced when Hon. Laura Ross commences her mandate as Chair. Below left: Commonwealth Women Parliamentarians from across in carrying out these undertakings. Furthermore, Members Those in attendance had the opportunity to hear Hon. Amna Ally, Canada gather for the group photograph in Manitoba. CWP Caribbean, Americas and Atlantic Region holds Regional highlighted several thematic priorities for CWP in the Region, MP of the National Assembly of the Parliament of Guyana and Hon. Conference and Sub-Regional Women and Girls’ Forum in St which require immediate and forceful attention. These priorities Karen E. Malcolm, MLA of the House of Assembly of Turks and Caicos. interact with the media on a regular basis. The Dancing Backwards Kitts and Nevis included: good governance, sexism and sexist norms in the region Both women spoke about the situation of women Parliamentarians in presentation provided an innovative way to show students the The 11th Conference of the Commonwealth Women Parliamentarians and within parliament; people trafficking and the exploitation of their respective countries and were able to participate in the meeting important role various women have played in Canadian society. of the Caribbean, Americas and the Atlantic (CAA) Region was young girls; the separation of church and state; and the health of as a result of the regional strengthening funds provided by the CPA To close the meeting, Hon. Myrna Driedger, thanked and scheduled in three sessions from 16 to 18 June 2017 in St. Kitts Caribbean peoples generally, and of women specifically. Headquarters Secretariat to CWP Canada. congratulated Hon. Linda Reid for chairing her last annual CWP and Nevis, on the theme of finding ‘Next Steps in Strategising for The Members similarly saw the need to rehabilitate the vocation Thereafter, presentations were given on three themes: the Canadian Region meeting after a three-year mandate. Women’s Leadership in the Caribbean Political Space’. Delegates of a ’politician’ in the minds of the CAA Region’s constituents Daughters of the Vote initiative; interacting with the media; and the and discussed methods of influencing the standard of political Dancing Backwards project. It was noted that a number of CWP CWP activity in the CPA Pacific Region Below: CWP International Vice-Chairperson and CWP Steering membership to raise the quality of governance in the Region as Canada Steering Committee members were able to participate in In July 2017, the Fiji Parliament convened a one day seminar Committee Member for the Pacific Region, Hon. Poto Williams, being of great urgency. The meeting discussed the initiation of the Daughters of the Vote activity as a result of the 2017 regional on the ‘Analysis of Legislation from a Gender Perspective for MP (front row far right) with women leaders in the Pacific Region. a public education project designed to reinforce the notion of strengthening funds. The presentation on interacting with the Committee Chairs, their Deputies and Whips’ in association with politics as a respectable and vital profession, in order to attract media was of great interest to Parliamentarians, as they must the United Nations Development Programme (UNDP) Pacific more women and young people, into standing for the highest Region. The CPA Pacific Regional Secretariat has been working offices in representational politics in the region. with the Fiji Parliament to assist their inter-parliamentary team, From 22 to 23 March 2017, the first ever Sub-Regional including tracking resolutions to enhance gender equality. Women and Girls’ Forum on the 2030 Sustainable Development This seminar coincided with the first Samoa gender-based Goals (SDGs) was held at the Mount Nevis Hotel, Nevis Island. analysis of the national budget of Fiji, as part of the Fiji Parliament’s The Forum provided participants with the opportunity to network wider gender-mainstreaming initiative, which also involved the and informally share experiences with fellow women in political life launch of a toolkit for MPs titled Scrutinising Legislation from a from across St Kitts and Nevis and the wider CAA Region. Gender Perspective: A Practical Toolkit. This toolkit is intended to The meeting also served to underscore the commitment of the be used as a practical guide for Members of the Fiji Parliament on Nevis Island Administration’s continued commitment to gender how to scrutinise legislation from a gender perspective. equality and the empowerment of women within the framework of Also in July 2017, the Solomon Islands Parliament held a two- the United Nations’ SDGs. day workshop on gender equality on the theme of ‘The Outrigger

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Two CPA Small Branches have found many similarities between their two remote jurisdictions and their Parliaments.

country that the Legislative Northwest Territories of arranged for the skin of its Above and below: The Speaker Assemblies of the Northern Canada (a decrease from own emblematic animal, the of the Legislative Assembly Territory and Northwest 24 Members after the saltwater crocodile, to be of Northwest Territories, Hon. Territories govern, territory divided in 1999) placed on the Chamber table Jackson Lafferty, MLA with population is sparse: only and 25 in the Northern in 2014, in commemoration the symbolic polar bear skin 41,462 persons reside in Territory of Australia (an of the 40th anniversary of in the Northwest Territories the Northwest Territories increase from its original self-government. Legislative Chamber in Canada. and 244,000 in the establishment of 19 in Both Commonwealth Northern Territory. Further, 1974). Here there is one Parliaments are continuing both jurisdictions hold half point of difference however, to look at ways to work With grateful thanks to the Speaker their population in their the Legislative Assembly of collaboratively for the benefit of the Northern Territory Legislative capitals, Yellowknife (NT) the Northern Territory hosts of their Members and the Assembly, Hon. Kezia Purick, MLA and and Darwin (NT). a house divided on party wider community. the Speaker of the Legislative Assembly Turning to the parliament lines, whereas a consensus of Northwest Territories, Hon. Jackson buildings, the structures in government exists in the Lafferty, MLA for this article and images. which the Assemblies meet Legislative Assembly of the were built within a year of Northwest Territories. each other, the Northwest Both legislatures have Territories Parliament House chosen to adorn the in 1993 and the Northern Chambers of their Houses The recent occasion of Legislative Assembly of Northwest Territories Above: The Speaker of the Territory Parliament House in of Assembly with the skin the 2017 Commonwealth the Northern Territory, (NT) jurisdiction spans Northern Territory Legislative 1994. Both are architecturally of an animal with symbolic Parliamentary Association discovered that despite 1,144,000 square Assembly, Hon. Kezia Purick, impressive buildings which attachment to the land on Executive Committee Mid- having the polar opposite kilometers of land, and the MLA with the symbolic will continue to serve the which the parliaments are Year Meeting in Darwin in April climate of the snow-swept jurisdiction of the Northern crocodile skin in the Northern institutions of democracy for built. The Northern Territory 2017 provided an opportunity Northwest Territories of Territory (NT) similarly Territory Legislative Chamber decades to come. took inspiration from the for two of our smaller Canada, the two Assemblies encompasses 1,349,129 in Darwin, Australia. Looking within the Northwest Territories polar Branches to compare notes. are not so different after all. square kilometers of land. unicameral Houses, bear skin following an official The host Branch, the For example, the Also, despite the vast 19 Members sit in the visit several years ago, and

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every day. In addition to this, some ten million tourists cross BREXIT AND THE COMMONWEALTH: the border to visit Gibraltar every year. Countless residents on both sides also move in THE PERSPECTIVE FROM GIBRALTAR either direction. Gibraltar is an economic engine for the The challenges that Brexit poses for a small country and how a neighbouring region of Spain which accounts for 25% of their closer relationship with the Commonwealth is the way forward. GDP. Indeed, the Rock is the second largest employer for the entire region of Andalucía. There are no two ways about values and enjoy similar legal, sustainable future for all. It is obvious that a sensible, it, Gibraltar is British. It is also a political and accounting systems. The Commonwealth is a orderly and well-managed Brexit part of the European Union (EU) And in an increasingly uncertain loose network more akin to is therefore not only in the best until the United Kingdom exits. global political environment, many an association of like-minded interests of Gibraltar, it is also in At the same time, we embody Commonwealth nations are states than to the structured the best interests of Spain itself. and embrace fully the British progressively looking towards each systems and bureaucratic Our departure from the EU culture, traditions, values and other as natural allies and partners. institutions of the European will bring challenges, but there way of life which are reflected in In this, Gibraltar has a lot to Union. But that doesn’t mean will be new opportunities as the Commonwealth itself. give and a lot to gain. Since the that it is politically ineffectual. well. Already a number of major And just as 96% of voters in London Declaration established Gibraltar gains much politically Commonwealth countries have meaning that we have more of the southern Mediterranean, Above: Commonwealth Gibraltar did not choose Brexit, the member states as “free through our participation in the expressed an interest in learning self-government than any of is strategically placed for trade Parliamentarians from eleven Hon. Dr Joseph we respect the overall outcome and equal” 68 years ago, Commonwealth Parliamentary more about trade with Gibraltar. the devolved administrations. in both goods and services. countries and territories Garcia, MP is the of the Referendum vote and are the Commonwealth remains Association (CPA) and the This is positive news. We are therefore in a strong Each part of the across the CPA British Islands Deputy Chief Minister working hard to ensure that a relevant in 2017 in what it does networking that we are able to This year, the Gibraltar position to do business with and Commonwealth is investing and Mediterranean (BIM) sensible departure from the EU and in the political clout that conduct through its meetings. Parliament and CPA Gibraltar otherwise work together with politically and economically in Region attend the 47th CPA of Gibraltar and its defends and protects our best it exercises. There are huge Indeed, at the height of Spain’s Branch was delighted to Commonwealth countries. regional integration, in which BIM Regional Conference in Minister for European interests. But whilst there is benefits to being part of this threats to Gibraltar’s sovereignty host the annual CPA British Whilst we have to date been the established network can Gibraltar in May 2017 on the Affairs. In a re-shuffle no conflict between our British large family of nations. in 2013, the CPA adopted Islands and Mediterranean concentrating our diplomatic play a supporting role. Indeed, theme of “Strengthening the role that followed the UK and European identities, as Gibraltar is an eager and a resolution stating that the (BIM) Regional Conference. efforts on the European the UK’s trade imperatives are of the BIM Region; considering we look towards an inevitably active participant, and has a lot political pressure exerted against Forty Parliamentarians from Union and the United Nations, governed by proximity and the the role of CPA Small Branches Referendum on EU post-European future, we also to offer. We stand ready and Gibraltar by Spain, including the 11 countries met to establish the Gibraltar Government is single market, much like other post-Brexit”. membership, he was look to strengthen and develop able to provide aid in times of lengthy border queues, was totally links and networks that we can eager and ready to develop Commonwealth countries whose also appointed Minister a third, non-conflicting identity: disasters, and support whenever unacceptable. In addition to the use to our mutual benefit post- even deeper ties with the trading priorities are governed by But Gibraltar is in a unique for work relating to by virtue of Gibraltar’s status it is needed. For example, the numerous resolutions of support Brexit. I had the pleasure of Commonwealth itself. Indeed, their immediate neighbourhoods. position to make the most out as a British Overseas Territory. Royal Gibraltar Police, well- for Gibraltar and for our right to self- addressing the delegates on our the Commonwealth flag may Gibraltar is an active and of a Brexit that we did not want the United Kingdom’s This is our proud relationship the known for their experience determination, EU members of the preparations to leave the EU. well replace the European enthusiastic supporter of the and did not choose, but which departure from the Commonwealth. and professionalism, are often CPA also vowed to raise the issue The Conference was a Union flag after Brexit as Commonwealth that shares and we must deal with regardless. European Union, Although we are a small deployed to other Commonwealth with their respective Members of reminder and celebration of a symbolic gesture of the embraces Commonwealth values, Looking forward, as we prepare known as Brexit. community, Gibraltar is outward- nations to provide training and the European Parliament. the shared democratic values strengthening of economic ties and has both a lot to give and a lot to leave the EU together with the looking, modern and cosmopolitan. support. The Royal Gibraltar Gibraltar is leaving the and commitment to human and the establishment of trade to gain from the network. However, UK, it is clear that we will look Like the Commonwealth, the Regiment does likewise. European Union with the United rights: our greatest weapon in agreements between Gibraltar it is clear that the Commonwealth to develop closer links with the strength of our community is in its Our athletes are enthusiastic Kingdom. We do not want to leave combatting the isolationism that and other Commonwealth states cannot, and does not want to, act as Commonwealth family of nations diversity. We embrace and share and passionate participants in but respect the overall referendum threatens us post-Brexit. post-Brexit. Of course, Gibraltar a replacement for the EU after Brexit. in the years to come. the progressive and democratic the Commonwealth Games, result. This will bring unique We have the opportunity looks to form part of any trade values that the Commonwealth which are widely lauded challenges to Gibraltar. Brexit and renewed impetus to work deals that the United Kingdom represents, and will seek to as the network’s greatest is already complicated enough together as equal partners. But may conclude after Brexit, and foster and strengthen ties with success. And the University of without the additional factor posed simultaneously it is crucial that the this will increasingly mean with Commonwealth nations after Brexit. Gibraltar this year established by a hostile Spain next door. UK Parliament works together fellow Commonwealth Members. Gibraltarians are a mere the first new Commonwealth A frictionless border between with other Commonwealth Our future opportunity for 30,000 of the 2.5 billion scholarship scheme in 20 Gibraltar and Spain is as partners throughout the exit growth lies in the exporting of people across 71 nations and years. We are proud to provide important to the Rock as it is to negotiations with the EU in order services to the UK, this plays to territories who maintain this these opportunities for PhD the whole region surrounding to address their concerns and Gibraltar’s greatest strength. Our special connection. Together we students: we want to be it. There are 13,000 frontier protect their interests. geography too, can assist. More represent about a third of the progressive, active members of workers, who live in Spain and I often describe the than a third of Commonwealth global population and we share the Commonwealth, working work in Gibraltar who have to Constitutional position of countries are African nations a common language, culture and with our family for a productive, cross the land border in and out Gibraltar as ‘devo max’, and Gibraltar, as the gatekeeper

208 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 209 ETHICS AND THE ETHICS AND THE PEACE-BUILDING PEACE-BUILDING COMMONWEALTH COMMONWEALTH

Committee, however following its latest report3, its role and ETHICS AND THE PEACE-BUILDING powers have just been updated. The changes adopted in June 2017 provide for: COMMONWEALTH • A principles based code of conduct • A principles based approach to Members’ interests • A requirement for Members to sign the code of conduct after taking the Oath of a Member All politics, parliamentary and it would be wrong to codify in ethical codes of conduct in • A need to include ethics in an government practice must rest detail a single way forward. What parliament and review the induction to new Members on a strong ethical base. Our is important though is a common similarities and differences • Establishment of the electorates must have confidence understanding between the of approaches between CPA principle of loss of pay during that as elected politicians we public, press and politicians as to member parliaments. The CPA’s a period of suspension will represent our constituents good ethical conduct. Recommended Benchmarks for • Explicit protection of public and our nations in accordance Ethics does not happen in a Codes of Conduct for Members sector staff from inappropriate with ethical principles, which will vacuum, it happens in the real of Parliament are available on behaviour by Members be upheld by our parliamentary world. It has the undesirable the CPA website.1 • A commitment of the Parliament institutions. This confidence will ability to creep up and surprise to providing guidance and

engender a greater trust between people. Most of us would say The Isle of Man experience support on an ongoing bases on IImage: Tynwald/Paul Dougherty. Hon. Juan politician and citizen. that ‘we know it when we see The Isle of Man is a self- ethical issues. Watterson, SHK This trust provides stability, it’. However, we would also governing crown dependency Parliamentarian, without the Different legislatures will Above: The Parliament building is the Speaker of which is directly linked to acknowledge that the creation and is proud to be the world’s The role of the Member need for Members to be named. have different approaches, of the Isle of Man in Douglas. economic growth. Where there of a framework which expounds oldest continuous Parliament, As we move towards our 63rd A short few paragraphs of the and different remedies the House of Keys is a stability borne out of trust, we a common understanding is Tynwald.2 Those who have visited CPC to be held in Bangladesh complaint, the applicable law/ available to them. It is about and Member for reduce the likelihood for internal also very useful. For some the Isle of Man will have found later this year, it is an opportunity standard, the finding of facts and using the knowledge and Rushen, Isle of conflict. Where trust in the ethics nations these are contained in a small, proud Island nation to reflect on whether we can do the penalty invoked should be experience of others around the Man. Formerly a of politicians is missing, populist, the constitution, and are high which is proud of its history and more together towards the aim of adequate. Commonwealth to understand disciplinary matters. This way we fascist or dictatorial tendencies level principles. Sometimes, traditions, yet embraces new a peace building Commonwealth. This has the potential to be a the context of the offence, the are all better prepared to be better Chartered Accountant can easily grow. individual pieces of legislation ideas, change and technology. Can we do more to build a useful tool for presiding officers, options open to the decision Parliamentarians. with KPMG, he has Peace-building, which is are enacted, either principles Tynwald is comprised of two common understanding of or standards committees who makers and the eventual result. Ethics and standards are held a number of the 2017 Commonwealth or rules-based, to deal with Houses, the popularly elected ethical standards in each of our are considering Members’ It is also important to recognise ever evolving. This could be a government posts theme, is the elimination of specific matters such as anti- House of Keys and the jurisdictions? conduct and need a starting that whilst we may all think we perfect way of ensuring that the harassment, bullying, intolerance money laundering or corruption. Legislative Council, elected by Many Members of Parliament point for their actions. It know unethical conduct when conversation on ethics continues since first being and oppression as much as In addition, many parliaments the Keys through an electoral though also belong to is entirely possible that no we see it, life is not always simple. around the Commonwealth. elected in 2006 overt conflict. These are have also adopted ethical codes college. The two branches professional bodies, whether as breaches have occurred in There is a case for ensuring all including Minister ideals that all Parliamentarians to bind Members and have sit separately for legislative accountants, doctors, lawyers their jurisdiction for many Parliamentarians in a legislature References: 1 of Home Affairs and involved in the CPA will developed mechanisms to call purposes but sit together as etc. Within these bodies there is years, so a public repository of have a common understanding of http://www.cpahq.org/cpahq/Main/ recognise. The preamble Members to account for actions the High Court of Tynwald on a great common understanding experience would be invaluable. the ethical framework they need Document_Library/Codes_of_Conduct/ he is currently also to our constitution states which are not illegal, but do not matters of policy, finance and of what constitutes good and In jurisdictions (especially small to live within. Codes_of_Conduct_.aspx the Chairman of that we are: Commonwealth comply with the declared ethical secondary legislation. bad conduct, as cases where ones) without a political party There is a real opportunity to 2 www.tynwald.org.im the Public Accounts Parliamentarians who, standards of parliament. The overwhelming majority there has been a breach are mechanism, this becomes engage with this initiative, to share 3 http://www.tynwald.org.im/ Committee. irrespective of gender, race, Avid readers of The of Members of both branches of reported in their professional increasingly important. the experiences of your legislature business/pp/Reports/2017-PP-0104.pdf religion or culture, being united Parliamentarian, especially the legislature are elected and journal. This approach It is important to say that this and build a body of knowledge by community of interest, those who attended the sit as independents, thus there could be replicated in The is not about standardisation. within the CPA on ethical and respect for the rule of law excellent 2014 Commonwealth is no role of whip in dealing and individual rights and Parliamentary Conference with matters of discipline and Examples from CPA Members: The ‘CPA Recommended Benchmarks for Codes of Conduct applying to Parliamentarians’ was an initiative freedoms, and by pursuit of the (CPC) in Cameroon will be conduct. The Chief Minister aimed to develop a credible code of ethics for Parliaments across the Commonwealth, which would in turn, help build trust in democracy. The positive ideals of parliamentary aware of the work of the CPA has the unfettered power next phase of this work involves the gathering of further information to guide Commonwealth Parliaments on sanctions or penalties where democracy, have established the Headquarters Secretariat to ‘hire and fire’ Members breaches of code provisions are found. The information gathered from CPA Branches will be analysed, looking at what sanctions are applied Commonwealth Parliamentary in collaboration with Dr Ken of the Government, but that to address breaches of a code (or similar provisions addressing Parliamentarians’ behaviour, such as Standing Orders). However, the Association. Coghill and Monash University is no substitute for proper information would not be attributed to individual Parliaments; rather it would be anonymised for publication and kept confidential unless Religion, cultural norms and in Australia. Dr Coghill, himself parliamentary process. Tynwald consent is given in each case by the Branch. The outcomes of this research will be used to help guide CPA’s Members and share best values that shape ethics are a former Parliamentarian, has long had a Members’ practices on the use of sanctions across the Commonwealth. Please contact the CPA Headquarters Secretariat via different across the world. So has done much to promote Standards and Interests [email protected] if you would like to share examples and information from your CPA Branch via your Branch Secretary.

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on small island states in the Pacific.2 He details the effect BIAS AND CONFLICT: A MATTER OF of the proximity of politicians with their electorate creating “more personal, more intense, INTEREST TO US ALL [and] more emotionally charged” decision making. Whilst Mr Corbett itemises Members’ conflicts of interests in a small jurisdiction many instances which are familiar in an island such as Guernsey, there are many differences. For example, he In this year’s Issue Two of The In politics we should always be media holdings: “if I, taking care of identifies a need for leadership Parliamentarian, we read about aware of the possibility that, if we everyone’s interests, also take care codes to fix ‘problems’ that stem the new strategic direction for have a personal interest, it could of my own, you can’t talk about a from familiarity and kinship ties. CPA Small Branches proposed be perceived to affect the way in conflict of interest.” Whilst all electoral candidates by Hon. Angelo Farrugia, MP, which we act. That interest may By looking after his own in Guernsey hope their family the recently elected Chairperson not influence the decisions we interests through his position of and friends will vote for them, of the CPA Small Branches. He make but the mere chance it has power, he did not seem to see we do not have the issues that talked about reviewing common affected us, or even the perception how this could be to anyone’s one politician from the Solomon difficulties and strengths and of that chance, could lead to our detriment let alone be unethical. Islands described to Mr Corbett. sharing experiences. impartiality being questioned. Whilst Mr Berlusconi may not “So, you can get rich, or you As a newly elected However, being a have understood the concepts can get poorer. Poorer because, Deputy Dawn Parliamentarian of the small Parliamentarian in a small involved, avoiding conflicts such you know, people in Solomon Tindall, a solicitor branch of Guernsey, I was keen jurisdiction, the likelihood of as these are not, of course, a Islands, they look at Members of by profession, to take part in such a review having a personal interest in thing of the past for prominent Parliament as all things to all men. and, through this article, debate a matter increases as does politicians. However, living on a They will end up asking you to was elected to the one area affecting us all – the the potential for conflict. We small island, I think we are more pay for their bag of rice ... school Guernsey Parliament management of conflicts of may well be closely involved in aware of the need to be seen to fees … that can drive Members of as a People’s Deputy interest in a small jurisdiction. aspects on which we will have be impartial having seen the effect Parliament to secure loans to help in April 2016. There are many competing to make difficult decisions up close when conflicts arise. them, or to get money by other ethical issues facing us today and, due to the proximity of the When researching this article, means ... but yes … in that position She is the Vice- some of which have come to the electorate, it is quite possible I read a very interesting paper you [also] have that power, you are President of both fore recently due to the rise in they will consider that we will by Jack Corbett about politics influential, you open doors.” the Development a populist style of politics. Such benefit from such decisions. The Another interesting difference and Planning areas include the differing views question is how to ensure that in the politics of the Bailiwick over how to balance transparency such conflicts are managed both “A conflict of of Guernsey3, and some may Authority and and confidentiality; to foster to enhance decision making and say it is a ‘problem’ which needs Transport Licensing confidence in elected leaders also to increase the faith of the interest can be fixing, is that we have no political Authority and also the through access to information electorate in the ethical outcome defined as ‘a parties. Our parliament, known Legislation Review yet maintain an ability to have a of those decisions. as the States of Deliberation, safe space in Committee to air Most jurisdictions have Codes situation that has consists of 38 Deputies elected Panel. Dawn has also views. A further dilemma can also of Conduct which set out how to the potential to from seven electoral districts taken a keen interest be seen between an unlimited deal with conflicts but also identify and two representatives from in the government freedom of speech and the need what is a personal interest which undermine the our sister island, Alderney. We of local parishes, to protect against internet or could give rise to the conflict in impartiality of a each stand for election every four face-to-face abuse. However, the first place. It is as important for years on the back of a manifesto being a member of the topic of this article is an issue politicians to identify what is and person because of which is (usually) written in the Douzaine Liaison we all face in the political arena; what is not a personal interest as the possibility of isolation of any other candidate Group, and that the conflicts between our own much as to understand the basis and without any political interests and that of our office. for the concern. a clash between allegiances. Naturally, there our system. However, that is a conventions. Naturally, like any Above: The Royal Court Building of fellow islands, A conflict of interest can be Whilst not a Parliamentarian the person’s are common themes between debate for another day. good induction process for newly in St. Peter Port, Guernsey has Alderney and Sark. defined as “a situation that has the in a small state, the former Italian us mainly depending on the One effect of this lack of elected Parliamentarians, we were existed on its present site since potential to undermine the impartiality Prime Minister Silvio Berlusconi self-interest and latest local issue but none that political machinery is, whilst given lectures on what is expected the early 1800s and today, is of a person because of the possibility once said about his alleged professional identifies groups for the populace candidates come from most of us and explanations of the rules the home of formal sessions of a clash between the person’s self- conflict of interest as both Prime to associate with – some of backgrounds and experiences, it to which we should abide. of Guernsey’s Parliament, the interest and professional interest or Minister and as one of Italy’s interest or public us say this is a real problem does not necessarily include an However, understanding States of Deliberation. public interest.”1 biggest tycoons with major interest’.” whilst others say it a virtue of awareness of political rules and concepts is one aspect, putting

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“The running of them into practice is another. As well as completing a public also a debate for another day. In February 2016, the declaration, we must also advise Having no group of individuals our government Commonwealth Parliamentary the Assembly of such interests forming an executive nor a through Association issued a booklet before we are allowed to vote on Prime Minister or cabinet, this entitled ‘Recommended any propositions. However, we results in Deputies sitting on Committees is yet Benchmarks for Codes of Conduct are more restricted in Committee a variety of Committees doing another aspect applying to Members of Parliament’ sessions as we must declare a different jobs. Also, as with most and in Section 3 it deals with direct or special interest in the Parliamentarians, we undertake of Guernsey’s the disclosure and publication business under consideration and work in our electoral district for political system of interests. Such interests are we cannot participate any further individual parishioners. All such those that could give rise to the in that business. We are not even roles can give rise to a potential for that is different perception of influencing the allowed to see the Committee interests to be in conflict with our from others. The behaviour between the Member’s papers on the subject. responsibilities. duties and responsibilities and his/ The running of our government As a member of two 40 of us in the her personal interests. through Committees is yet Committees which make Assembly agree We follow a similar requirement another aspect of Guernsey’s quasi-judicial decisions – the in Guernsey that, upon election political system that is different Development & Planning Authority by majority the and annually, the publication of the from others. The 40 of us in the (D&PA) and the Transport overarching policy Member’s declaration of interests, Assembly agree by majority Licensing Authority – I am that of their spouse or partner and the overarching policy and then particularly aware of this concern. and then allocate infant children, and of a company allocate the formulation of the To take the Planning Committee the formulation of which they own a controlling detail to Committees. Once this as an example, we hold meetings interest. We are asked to list has been done, the Committees which are open to the public of the detail to our employment, directorships, revert to the Assembly to where we are asked to decide Committees.Once partnerships and personal seek approval and the final whether to grant applications for interests in trusts, offices held amended version of the policy is planning permission. Not only this has been done, and self-employment and other incorporated into draft legislation. does this mean we have to notify the Committees work including public speaking Whilst this is scrutinised by our President (or Chair) of any contracts. We are also asked to list another Committee it is rarely potential conflicts but also to revert to the our real property in the Bailiwick amended to the extent it would appreciate that we must not have, This can often conflict with itself in the need to ensure that subject to the application but then Above: The main chamber of Assembly to seek and shareholdings and, of course, be, say, in the United Kingdom for or appear to have, a bias or pre- our role as a Deputy in respect of interests are ones which do advised he did not consider this Guernsey’s Parliament at the gifts we receive above a certain example and in my view this could determined view on the outcome our relationship with the parish indeed give rise to a potential to be a direct or special interest. Royal Court Building. approval and the value whilst in office. be greatly improved, but that is of the application. council or “Douzaine” and our conflict rather than just an Whilst it certainly was not such final amended responsibility to assist parishioners appearance of one. an interest, and hence no conflict with issues that affect them. In In relation to our Rules of and no need for his recusal, the issues we face and the ways version of the policy particular, we are often asked to Procedure an ‘interest’ needs to members of the public and the which they can be managed. I is incorporated into attend meetings where planning be one that is ‘direct or special’, media focused on this aspect of also believe that by ensuring applications are discussed and however, this is not defined. Due the decision making even though our population is aware of the draft legislation. our views sought both of which to the nature of the quasi-judicial it had no relevance to the process. conflicts we face and the way we Whilst this is could be seen as an attempt to decisions we make on the two Needless to say, we discuss any manage them, we will increase the influence the outcome. Whether Authorities on which I sit, we often such interests before the meeting faith people have in our decision scrutinised by the lobbying is subtle or blatant discuss whether a Member has and declare only those that are, making. another Committee and whether we express our views such an interest and whether it indeed, direct and special. or not, allegations of bias can be is one that puts that Member in One further observation Mr References: it is rarely amended made merely by attending. Whilst conflict with the decision being Corbett makes in his paper titled 1 http://www.businessdictionary. to the extent it some attend and just decline to made. In my view, such discussions ‘Everybody Knows Everybody’ is com/definition/conflict-of-interest.html comment, personally, I prefer to and decisions as to whether there the need “to know more about how 23/7/17 @ 15.12 would be, say, in avoid such scenarios whenever is a qualifying interest and if there politicians practise their legislative, 2 ‘Everybody knows everybody: the United Kingdom possible. is a conflict is correctly decided representative and ministerial practising politics in the Pacific Islands’ – Any apparent bias from pre- in a private meeting and only roles.” By understanding both Author: Corbett, Jack. Published 2013 for example and determination is only one type raised at open meetings when the similarities and differences 3 The Bailiwick of Guernsey consists in my view this of conflict faced by Members of the Member needs to be recused of parliamentary experience in of three separate self-governing, the D&PA and the other is the because of that conflict. smaller jurisdictions we should be democratic territories - Guernsey (and its could be greatly one which parliamentary codes I say this because, on one in a better position to be ensure the islands including Herm, Lihou and Jethou), improved, but that of conduct focus upon, namely occasion, a Member of the D&PA people of island states can benefit. Alderney and Sark (which includes the potential conflict arising from declared in an open planning I hope that my experiences Brecqhou). is also a debate for a benefit from self-interest. In meeting that his relative was a resonate with readers and, in another day.” relation to my role, this manifests resident of the nursing home particular, the need to share how

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Ethics, transparency and allowed by the Chair to have was lost due to interruption and accountability are the three their opinion or say in the House. adjournments in 14th Lok Sabha; basic attributes of public They must wait for their time; it 41.6% in the 15th Lok Sabha; and life. Elected representatives may be next session or even the about 16% in the 16th Lok Sabha of people are expected to next election. (up to the tenth session). This is adhere to highest standards of They should have patience an alarming situation. ethical and moral values in the and mobilize the people against This also shows that discharge of their public duties. the government’s attitude. If the Parliamentarians do not act However, a general deficit in views matter, it is lastly the people’s according to the expectations peoples’ faith in the hallowed court to decide, not the Parliament. of the people. It is a sense of Hon. Shyam Rajak, institution of Parliament is being Patience teaches us how to wait entitlement that makes some of MLA is a Member of seen across the world. eagerly with hope and joy. our leaders behave in a regrettable the Bihar Legislative People vest power and In India and in Indian politics, manner. They feel they can get privileges in Parliamentarians Chanakya is always quoted. away with it. This must stop. Assembly in India. He to ensure the quality of debates Every Indian knows the story Nobody will dispute the idea that is the State Minister for in the house because the that when Chanakya was not political parties should breed Food and Consumer complexity of administration and permitted in the court of King productive Parliamentarians. The Protection in the legislation may only be preceded Mahapadam Nand, he opened question is: how best do you do it? by adequate discussion. his hair lock and vowed that until Certainly the political parties should Government of Bihar and Without maintaining the ethics and unless he dethrones the regulate the conduct of their a former State Minister and discipline, the quality of Nand dynasty, he will not bind members. The parameters for the disciplined and trained MPs, they simple matters and behaves emphasized the following point towards certain sections of for Energy. He holds a debates cannot be possible in his hair lock. When Chanakya selection of candidates for election cannot create good governance. with the Chair in an unethical to be taken care of by any society or favor someone in number of positions in the Parliament and it will be a established Chandragupta as a by the political parties should be Everybody knows that and improper manner. Criticism Parliamentarian: an ill-fated way. place of hooliganism only, and King, he rebinds his hair lock. A proven standards in public life. enforced discipline is doomed should be welcomed by each • Safeguarding Democracy, • Acting Professionally: They leading organisations in Parliamentarians will waste their Parliamentarian also needs such They should train their workers and to backfire. So it is not only party, but not by presenting them Human Rights and the should carry themselves the state and he is the time without doing their duty to type of patience. As it’s been best leaders through mock- Parliaments the rules and the Chairman in in a fashion that is tantamount to Rule of Law: Power with utter dignity and Chairman of the Bihar the people. said in the words of Leo Tolstoy so that their leaders could learn Parliament who can control the defamation. The MPs’ behaviour comes with responsibility transmit the same to their Sports Council for the There may be many ways for ‘Patience is the most powerful right from the beginning how the unethical behavior of MPs. should be such that it enhances and accountability. Every associates and public. The ensuring probity in public life, warrior’. people’s highest institutions can A dramatic socio-political the dignity of Parliament and its Parliamentarian should abide work they undertake should Deaf. but a self-discipline mechanism With some twists in George run smoothly. development has emerged in Members in general. It is true that by this fact and work for the carry a certain degree of appears to be the best in an Bernard Shaw’s version, it can be The fact that there has been Indian society. This has also MPs’ debates keep democracy welfare of society and nation. professionalism. institution like Parliament. Being said that two things define your a general erosion of moral values affected the Indian electorate alive. No institution is above • Serving the Public Interest: • Valuing Diversity and effected by wrong emotion is a patience - when you have nothing in all walks of life cannot be and the Parliament. With the critique, not even Parliament. But That’s what they have been Pluralism: Democracy is tool that can cause destruction. (when you are not elected as denied, but MPs should present successive Lok Sabhas, the MPs should know that power made a Parliamentarian required only when there The intellect is governed by the people’s representative) and themselves as role models to educational background of its comes with accountability. for. They should keep is some form of diversity. the intuitive emotion. When the your attitude when you have the people, because in the end, Members has also changed That’s where the aside their personal or Any Parliamentarian should human heart loses its sensitivity, something (when you are elected it affects the whole democratic considerably. Though the Commonwealth Parliamentary political interest and work embrace this fact and whatever we encounter as as the people’s representative). system. Citizens who are vested Indian Constitution does not Association (CPA) should step transparently in the best should treat and help people well as the way we govern our These attributes in any human in their country’s future and stipulate any formal educational in. The CPA Recommended interest of the public. irrespective of their caste, actions will become bleached being play a key role in leading to want to preserve their country’s qualification for the Members Benchmarks for Codes of Conduct • Ensuring Public Integrity: religion or political opinion. of all sensitivity and tenderness. success or failure. identity have the right to have a of Parliament, it cannot be applying to Members of Parliament Parliamentarians are The CPA’s recommendations It is important to keep positive The behavior of MPs is good MP as their representative. denied that educational is one way of progressing this. It chosen by the public. They are slowly being brought into thought in their mind. It is also hampering the priceless time of For this they should be given accomplishments have seen a focuses on the characteristics of a are accountable to them. practice in Indian Parliaments important to focus on their Parliament and wasting public the option to choose a role certain degree of deterioration parliamentary code of conduct that And hence they should not as well. New regulations and failures as it will help them to money all over world. A case study model as a candidate in an amongst Parliamentarians. individuals should adhere to while intend to cheat the public laws have been formulated to not repeat it. MPs should have of the Indian Parliament shows election from every political party. It is generally seen that serving as a Member of Parliament. in any manner whatsoever. enforce these recommendations patience if they are not being that 19.58% of the total time Unless political parties engage MPs storms into the well in The CPA Benchmarks have They should not be biased effectively.

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A case study from Jersey

At its last sitting before the up to £400 was comparable and Commissioner should investigate summer break, Jersey’s that was subsequently accepted complaints about the conduct States Assembly brought into by the Assembly. of scrutiny panels (the Jersey force the Commissioner for The second issue concerned equivalent of departmental Select Standards (Jersey) Law 2017, the scope of the Commissioner’s Committees). bringing to an end four years of remit. Some Members argued The Committee took the view debate about the regulation of that the Commissioner should that the Commissioner should parliamentary ethics in the Island. be responsible for investigating investigate complaints that the The original proposal to complaints about ministerial Code of Conduct for Ministers introduce a Commissioner for conduct, as well as those related and Assistant Ministers had Standards was put forward by to the Code of Conduct for been breached. Mark Egan is the the Assembly’s Privileges and Elected Members. There were However, it recognised that Greffier of the States Procedures Committee (PPC) also questions about whether the where the Commissioner found of Jersey. Mark Egan in 2013, following a review of the operation of the Code of has been Greffier of Conduct for Elected Members. the States of Jersey The Committee recognised a breach it might be for the Chief to the ministerial code and The States of Jersey must Above: The main chamber of since December 2015. the drawbacks of the existing Minister rather than the PPC to report to the PPC. The draft law ensure that the Commissioner Jersey’s Parliament. He was previously system for investigating decide how best to deal with the itself passed by 41 votes to 0 is provided with such complaints about Members’ matter. In such cases the PPC can with one abstention. administrative and other dealing with breaches. a clerk in the UK conduct. In particular, the simply publish the Commissioner’s The Committee’s conclusion support, including staff, services The information and support Parliament’s House of Committee lacked the resources report rather than take action that it would be inappropriate and accommodation, as the available for Members to help Commons. necessary to undertake effective itself. (A further complication for the Commissioner to Commissioner may reasonably them comply with the codes also investigations and there was a is that the ministerial code of investigate how the scrutiny require. The expectation is that need to be looked at. Complaints risk that the public would not conduct is currently combined system operates – a matter of the Commissioner will do the about Members’ conduct are regard such investigations as with a ministerial code of practice, politics rather than ethics – was bulk of the investigative work relatively infrequent in Jersey fair and impartial. The Assembly which covers matters such as accepted and the issue was not and report-drafting himself but are inevitably newsworthy approved in principle the which business must be brought pursued further. but will be assisted by States in a small jurisdiction. Handling creation of a Commissioner for before the Council of Ministers. The Commissioner has Greffe staff, particularly for and resolving them effectively Standards post by 44 votes to 1 Separating out the two codes is powers to require persons to administrative work. Much will and with integrity and impartiality and asked the PPC to draw up now a priority.) appear before him, to provide depend on the number and is essential to enhancing public the necessary legislation. There was some ministerial information and to produce any complexity of the complaints the confidence in the Assembly. Draft legislation was debated resistance to this addition to written documents. Commissioner has to consider. Our first Commissioner in December 2015. A number of the Commissioner’s remit and Failure to appear before One of the incoming is Paul Kernaghan, Judicial questions were raised and the an amendment was lodged the Commissioner when Commissioner’s first tasks will Appointments and Conduct vote on the draft law was deferred. which would have restricted ordered to do so, or to provide be to develop and publish a Ombudsman in England and One question concerned the the Commissioner’s role to information or documents, is statement of how he intends Wales, who was formerly the level at which the Commissioner examining allegations that a criminal offence subject to to discharge his duties. This House of Lords’ Standards should be remunerated. The the ministerial code had been a maximum fine of £5,000. is an excellent opportunity to Commissioner from 2010 to Committee undertook research breached only at the request of Falsifying records required by draw on best practice in other 2016. I am looking forward to into the daily rate offered to the Chief Minister. the Commissioner or hindering jurisdictions. The Commissioner working with Paul on ensuring office holders with similar This was defeated by or obstructing the Commissioner is likely also to want to review Jersey’s system for upholding working arrangements as was 22 votes to 20 so Jersey’s in the discharge of his duties the codes of conduct he parliamentary standards is envisaged for the Commissioner. Commissioner will be able to are also offences, both of which oversees and the sanctions robust and commands public It concluded that a day rate of investigate complaints relating could lead to imprisonment. available to the Assembly for confidence.

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Assembly passed of the Ninth Assembly will also Speaker’s role in the process (i.e., Year No of No of the following reaffirm their commitment to the ascertaining whether a complaint DECODING THE CODE: APPLYING Members individual resolution: “That we, amended code in August 2017. is not vexatious etc) be reduced, that sought advices the Members of the and that complaints be referred and received provided Eighth Legislative How have the Ethics and directly to the Commissioner. As THE CPA CODES OF CONDUCT advice Assembly for the Integrity Adviser and the can be seen from Table 2, most Australian Capital Commissioner for Standards of the complaints about MLAs so 2008-09 5 6 Territory, having operated? far have been raised by another A case study from the Legislative Assembly adopted a code As can be seen from Table MLA, but the Commissioner has of the Australian Capital Territory 2009-10 2* 3 of conduct for 1, Members have made fairly not upheld any of the complaints Members, reaffirm regular use of the Ethics and referred to date. 2010-11 5 6 our commitment Integrity Adviser since the role to the principles, commenced in 2008. Each year How does the Assembly’s 2011-12 3 4 obligations and the adviser is required to provide code of conduct and related Introduction Background that is consistent with the code of aspirations of the a report to the Speaker outlining arrangements fare when In April 2015 a workshop The Legislative Assembly of the conduct or other guidelines. 2012-13 - - code.” the number of advices given and measured against the CPA hosted by the Parliament of Australian Capital Territory first Subsequently, in 2013 the The current the sorts of matters (in general benchmarks? Victoria brought together examined whether it should have Assembly passed a further 2013-14 4 6 Assembly is terms) that were the subject of A full assessment of Parliamentarians and Clerks1 a code of conduct in 1991 - two continuing resolution (CR 5AA) considering the advice (which the Speaker tables the Assembly’s code of from across the nine regions years after the Assembly was to appoint a Commissioner 2014-15 8 12 second review in the Assembly), as well as conduct against the CPA’s of the Commonwealth established. Despite Committee for Standards. The role of the (also conducted meet annually with the Standing Recommended Benchmarks for Parliamentary Association (CPA) inquiries in the First, Third, Fourth Commissioner is to investigate 2015-16 7 14 by the Ethics and Committee on Administration and Codes of Conduct for Members as well as other experts in the and Fifth Assemblies, which all specific matters referred to the Integrity Adviser) Procedure (chaired by the Speaker of Parliament. The assessments field. As a result of that workshop recommended or encouraged Commissioner by the Speaker Total 34 51 and it is expected and comprising each party’s whip). were made by myself and the Tom Duncan is (there had been preliminary work the adoption of some form of a (or, in the case of a complaint that further The Commissioner for Director of the Office of the the Clerk of the undertaken by Monash University code of conduct, it wasn’t until made about the Speaker, the refinements of Standards has been in operation Clerk, and we sought advice and with interviews being conducted the Sixth Assembly in August Deputy Speaker) and report to a TABLE 1: ETHICS AND INTEGRITY ADVISER: NUMBER the code will at the Assembly since 2013, input from the Assembly’s Ethics Legislative Assembly OF MEMBERS SEEKING ADVICE AND NUMBER OF during a CPA conference in 2005 that the Assembly formally committee of the Assembly which ISSUES ON WHICH ADVICE WAS SOUGHT be adopted in and since that time there have and Integrity Adviser. Rather than for the Australian October 2014 in Cameroon) the adopted a code. The mover of will, in turn, report to the Legislative August 2017. been four referrals (see Table assessing the Assembly as either Capital Territory CPA, on 24 April 2015 produced the motion (the then Speaker, Assembly on the outcome of *Advice was also sought by a resolution of the Assembly It is expected 2). There is currently a proposal meeting or not meeting the 67 and the Regional the CPA Recommended Wayne Berry MLA) noted in his any such investigation. Under relating to standing order 156 that Members before the Assembly that the benchmarks, we adopted the Secretary for the CPA Benchmarks for Codes of comments the research from the the resolution any member of Conduct applying to Members respected social commentator the public, member of the ACT Australia Region. of Parliament.2 The document Hugh Mackay who stated in Public Service or Member of the TABLE 2: REFERRALS TO THE COMMISSIONER FOR STANDARDS contained 57 benchmarks and 2001 that: “Australians view the Assembly may make a complaint states: honesty and ethics of Members of about a Member’s compliance with “The CPA encourages both State and Federal Parliament the Members’ code of conduct or Year Alleged breach Raised by Breach of code Branches to use the Benchmarks as only slightly better than those the rules relating to the registration found / not found as a set of provisions related to of car salesmen. Only 7 per or declaration of interests. each other and together aimed cent of Australians believe that 2015 Breaches of sections 3, 5, 9 and 10 of the Members’ Code of Conduct relating to: Member Not found to improve the integrity and Members of both State (down 2 Review of the code of • seeking to gain financial or other benefit performance of each legislature. per cent, since 1997) and Federal conduct and affirming • acting in the public interest Branches are encourage[d] to (down 2 per cent) Parliament are commitment to the code • public trust and confidence take the underlying contribution of high or very high standards The Assembly has reviewed • conflicts of interest to integrity of each recommended of honesty and ethics. The only the code of conduct on two Benchmark and adapt it to a profession rating lower than occasions, both with the 2016 Breaches of sections, 3, 5, 9 and 10 of the Members’ Code of Conduct relating to: Member Not found particular parliamentary system Members is car salesmen ...” assistance of the Ethics and • seeking to gain financial or other benefit so as to guide the conduct of In 2008, the Assembly further Integrity Adviser. • acting in the public interest Members and to benefit the enhanced its integrity framework The first review was conducted • public trust and confidence performance of the Parliament.” by passing a continuing resolution in October 2013, some eight • conflicts of interest This article examines how the to appoint an Ethics and Integrity years after the code was Code of Conduct for All Members Adviser. The role of the Adviser adopted. As part of that review 2016 Breaches of sections 7 and 15 of the Members’ Code of Conduct relating to: Member Not found of the Legislative Assembly for is to provide advice to Members the Adviser recommended • not disclosing confidential information the Australian Capital Territory (on request), on ethical issues that, at the commencement of • professional courtesy and respect (adopted on 25 August 2005), concerning the exercise of their each Assembly, there should and other relevant instruments official roles (including the use of be a motion for all Members to 2016 Breaches of section 3 and 6 of the Members’ Code of Conduct relating to: Campaign Not found and arrangements, compare to entitlements and potential conflicts reaffirm their commitment to the • seeking to gain financial or other benefit Director, Canberra the recommended benchmarks. of interest), as well as giving advice code. On 24 October 2013 the • proper use of public resources Liberals

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following rating scale: Assembly achieved a score of we queried their usefulness This paper was presented to the 48th 2 = Fully complies with 96 out of a possible 114, or are listed in Table 3. Perhaps Presiding Officers and Clerks Conference the spirit and the letter of the 84%. Whilst a pleasing result, it if the benchmarks were to be in New South Wales, Australia from 2-7 RE-ENGAGING THE DISENGAGED benchmark indicates more work needs to be reviewed those listed in Table July 2017. 1 = Partially complies with done, although, as we explain, we 3 might warrant some revision/ the spirit and the letter of the found some of the benchmarks reconsideration. References: benchmark difficult to measure against. 1 The author was one of the 0 = Does not comply with Conclusion Clerks attending the workshop. the spirit and the letter of the Do some of the benchmarks The Legislative Assembly for the 2 Commonwealth Parliamentary Why Parliamentary education and community engagement is benchmark. need to be modified? Australian Capital Territory has Association, Recommended Parliaments’ core business We adopted this methodology In undertaking this exercise taken great strides in its endeavour Benchmarks for Codes of Conduct as there were a number of it became apparent that the to establish an effective code applying to Members of Parliament, benchmarks where, although benchmarks might benefit from of conduct regime. Assessing 2015. we did not fully comply, there modification in several areas in the Assembly’s code of conduct 3 Minutes of Proceedings, No 33, It is an interesting time in politics In some countries this 2012 World Values Survey, 87% were substantive measures in order that Parliaments can use against the CPA Recommended 25 August 2005, pp 318-24. with populist ‘revolts’ seen around disillusionment is shown by the of Australian respondents stated place to address the underlying them to enhance their codes of Benchmarks has been a useful the world. Australia has so far falling turnout at elections. Here in that a democratic political system principle enunciated. Following conduct. exercise, and has identified where largely avoided some of the populist Australia with compulsory voting was a fairly good or very good the self-assessment against the Benchmarks that we found further reform and enhancement ‘revolts’ and the confusion that has it is not something we experience. way of governing this country. benchmarks, the ACT Legislative difficult to measure or where needs to be done. been occurring around the world. Instead however, there has been The Survey also indicated that Nevertheless, many Australians an ongoing rise in the number of many Australians engage in, are disillusioned with, or simply Australians voting for minor parties or are interested in becoming TABLE 3: CPA BENCHMARKS THAT WERE DIFFICULT TO MEASURE OR REQUIRE REVIEW disengaged from, the wider political at State and Commonwealth involved in, the political process. process. Given the community’s (Federal) elections. So if there are many Australians No. Benchmark Rating Comment lack of trust in politicians, the According to Australian who do want to re-engage with Hon. John Ajaka, challenge, for us as Presiding Electoral Commission data for the their political system, how can they 3.1.4 • There should be an 0 Verification of disclosures made to the Parliament by Members would be a very resource MLC is the President Officers, is how to respond. 2016 election, just over 35% of be reached? effective mechanism to intensive exercise. of the Legislative As an institution, Parliaments Senate first preference votes and A variety of responses have verify any disclosure and • The Assembly does not provide for an explicit mechanism for ‘verifying any Council of the are uniquely placed to address 23% of House of Representatives been suggested: to immediately notify any disclosure’ but it is not clear how verifying a disclosure might produce an enhanced disengagement with the first preference votes went to • finding new political leaders discrepancy in a public integrity outcome. Parliament of New political process. Initiatives being parties other than the ALP and who can juggle long-term vision report to the House. South Wales and undertaken in Parliaments across Coalition. Similarly, the 2015 with the politics of the moment; • The non-disclosure of information that is required to be disclosed pursuant to has been a Liberal Australia and elsewhere provide the New South Wales State election • renewed efforts by political resolution is where integrity issues arise and the prospect of confirming non- Party Member of the chance to show how democracy saw approximately one quarter of parties to effectively groom disclosure presents obvious logistical difficulties. can work and what it can mean for Legislative Council votes and one- future politicians; Council since 2007. the citizen in a changing world. fifth of Legislative Assembly votes • increasing community • The onus is, and should be, on Parliamentarians to disclosure all information as He has served as So what is populism? Populism go to minor parties. efforts to boost ‘social required under relevant statute/regulation. Members of the Assembly by agreeing to Deputy Leader of the is a political style that features According to another 2016 capital’; and abide by the code also acknowledge that a non-disclosure of relevant interests could Government in the • an appeal to ‘the people’ report ‘Mapping Social Cohesion’, • calling the media to account for give rise to an investigation by Standards Commissioner. versus ’the elite’; only 29% of Australians believed unfairly presenting politicians. Legislative Council. • the use of ‘bad manners’ that that the Commonwealth (Federal) However, one of the ways of Before entering are allegedly ‘unbecoming’ Government could be trusted re-engaging the public has largely 4.6 • Members if unable 0 Ascertaining whether a Member has discussed a matter or has acted with caution and not Parliament he served for politicians; and to do the right thing for the escaped discussion: and that is by to discuss an ethical engaged in any potentially compromising action is very difficult to measure. as a Councillor for • repeated claims of crisis, Australian people most of the educating and informing citizens dilemma with an ethics breakdown or threat. time: down from 48% in 2009. of their political system via the adviser or having done the City of Rockdale In his 2016 book What is A 2013 survey, conducted by institution of Parliament. so, remain in doubt, must from 2004 until populism?, Jan-Werner Müller, the Institute for Governance and Compared to the political act with caution and not 2008. Previously Professor of Politics at Princeton Policy Analysis at the University class, it is interesting to note that engage in any potentially he operated a legal University, defined populism of Canberra reported that 90% Parliament is more favourably compromising action. as: “… a particular moralistic of Australians think they have regarded by Australians; 28% of practice for more than imagination of politics, ….populists little or no influence over national respondents to the World Values 7.1.8 • Ensuring that newly 2 Asking Members (who are very busy in the respective roles) to engage in self-assessment 25 years and served claim that they, and only they, decisions, while just over three Survey reporting confidence in elected Members receive on their individual ethical competence poses some logistical problem (i.e., who would on the board of a represent the people. Other quarters felt this way with regard the institution, compared to 13% induction in the Code of administer the assessment), as well as how it would be measured whether Members have number of companies, political competitors are just part of to local decision-making. for political parties. Conduct, and engaging completed such an assessment. the immoral, corrupt elite.” These pessimistic views of Although these confidence in self-assessment of community This is not a healthy way of politics are in stark contrast to the levels remain low, this is likely their individual ethical and charitable looking at the world or politicians high degree of faith Australians because Parliament is directly competence. organisations. who care about an inclusive have in their democratic system associated with politicians and democratic political system. of governance. According to the governments. If the focus is on

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social media platform to document approximately 100 Year 11 girls education programs is ‘A Little be directed at more than the Officers can encourage new the progress of inquiries. from New South Wales secondary Night Sitting’, where community general public: communicating innovative ways to fill gaps in Evidence suggests that schools participate in leadership members sit in during evening and working with third parties community political education, the public is interested in programmes involving keynote sittings of both Houses, and hear is another potential means of and find ways for the public to parliamentary outreach and speakers and parliamentary talks from Members of Parliament engaging the community. This re-engaged with the political process. engagement. According to the UK Members focused on issues explaining what they have seen. method of engagement has The current initiatives represent Hansard Society’s most recent surrounding women and leadership. Education and engagement been used with relative success a series of small steps along a Audit of Public Engagement, Every day in our chambers, programmes extend beyond the as part of the New South Wales much longer, challenging path. But 82% of respondents thought it when Parliament isn’t sitting, confines of the New South Wales Parliamentary Committee process. it is a path as Presiding Officers was important or very important staff of both House departments Parliament. In order to engage Pauline Painter in the New that we have a key role, and one that the UK Parliament deliver school talks 3 to 4 times a regional communities without South Wales Legislative Assembly, in which we can make a small but encourages public involvement day to classes of primary and high the capacity to travel to Sydney, has reported on the increasingly important difference to the future in politics. However, as a core school students. This is about to Parliamentary Education has used directive and proactive attempts of the democratic system of which function of Parliament, only be expanded – we are intending video conferencing software to by third party organisations to we are one of the officeholders. 26% of respondents believed to construct a new purpose built deliver talks to regional schools. encourage their members to make The public is on standby – that their Parliament had done Education Centre, which will Similarly, when conducting submissions to inquiries. disengagement and disillusion a good or very good job of this increase the number of schools regional hearings, Legislative Another way in which third doesn’t have to be permanent. encouragement. we can engage with each day. Council Committees have been party participation in parliamentary Surveys show that the public has Australia faces similar issues. One of the longest running accompanied by parliamentary staff inquiries is facilitated is via confidence in Parliament as an Above: Hon. John Ajaka, MLC, informative and continues to online environment, contributing To give one example, the 2007 and most popular of the who run parliamentary education workshops delivered by institution. It is up to us to respond, President of the Legislative evolve in a positive manner. to positive perceptions of the Federal parliamentary inquiry into Parliament’s community workshops at local schools. This Committee staff. and justify that confidence. Council of the Parliament of New It is imperative that Parliaments Parliament itself. civics and electoral education was an idea which came from a For example, since 2009, South Wales gives an address at make greater efforts to engage The Legislative Council found that civic apathy amongst “According to programme conducted by the the Legislative Council This article was adapted from an address the 48th Presiding Officers and the community through social Committee Office has also Australian youth may be derived National Parliament of the Solomon Committee Office has delivered given by the author at the 48th Presiding Clerks Conference, Parliament media. The UK think-tank Demos embraced the use of social media from a belief that the world of the UK Hansard Islands, our parliamentary twin. a very successful programme of Officers and Clerks Conference, Parliament House, New South Wales, recommends that all parliamentary in advertising inquiries and related politics bears little or no effect on Society’s There may be more ideas we can workshops run in conjunction with House, New South Wales, Australia in July Australia in July 2017. debates should have a social activities. Whereas inquiries their lives. However, when youth take from the Pacific and apply in the Council of Social Service of 2017. This address was prepared with media element to allow the public were previously advertised via understood the way in which most recent our Parliament. New South Wales (NCOSS) aimed the assistance of Mr Chris Angus of the Parliament as an institution, the to offer their views and opinions for media releases and newspaper political processes worked, they Audit of Public Parliamentary associations at improving non-government Parliamentary Library Research Service, DPS. potential is much higher. the participants’ benefit. advertisements, the latter is became more likely to participate. are also conducting engagement stakeholders’ understanding of Public engagement has One of our earliest attempts no longer standard practice. Like many Parliaments, the Engagement, 82% activities. The Commonwealth parliamentary inquiries and their not traditionally been the core was in 2009, when the New South Committees now regularly utilise New South Wales Parliament of respondents Parliamentary Association (CPA), skills in participating in them. Held Below: Delegates to the 48th business of Parliaments, but that Wales Legislative Council General Twitter, including tweeting all recognises this challenge and as part of its goal of promoting four times a year, these workshops Presiding Officers and Clerks has been changing now for some Purpose Standing Committee media releases and hearing is making efforts to increase thought it was democratic governance across give members of the community Conference for the CPA time. It is clear that Parliaments No 2 conducted an inquiry into schedules, as well as photos of civic engagement amongst important or very Commonwealth nations, sector practical advice on how to Australia and Pacific Regions increasingly see the need to make bullying of children and young Committee activities and links to the community in New South conducts a series of CPA write an effective submission and are welcomed to with an engagement a core component of people. In order to encourage the live webcasts on hearing days. Wales. Currently, the New South important that Roadshows designed to connect what makes an effective witness address delivered by aboriginal their business. participation of children and young The Committee Office has Wales Parliamentary Education the UK Parliament Parliamentarians with youth in at a hearing. elder Uncle Chicka Madden So how does Parliament go people, the Committee hosted an also recently used a free graphic department conducts a wide schools, colleges and universities. The examples I have provided outside Parliament House in about engaging more with the online survey. While there were design software program to create range of programmes – 22 in total encourages public Parliamentary education can are just a starting point. Presiding Sydney, Australia. community? Technological risks involved with this process the social media content, incorporating - which engage the community involvement in developments have long been exercise resulted in the Committee fonts, images and icons into an with the workings of Parliament, identified as radically changing the receiving over 300 responses infographic that was attached to cultural events and topical issues politics. However, means by which people engage from children and young people, a a tweet advertising a Committee of social importance. as a core function with the issues of the day, as well typically elusive target group. inquiry. These infographics can Many of these programmes as what issues grab their attention. Furthermore, the survey had also be used on other social media are designed for school students: of Parliament, Effective use of new the added benefit of introducing platforms, such as the New South for example, the National Schools only 26% of technology can greatly influence hundreds of young people to Wales Parliament’s Facebook Constitutional Convention the political debate of the day, the work of the New South page, to inform the community of involves 100 secondary students respondents and subsequently the public’s Wales Parliament. The survey Committee activities. discussing constitutional issues in believed that perceptions of a given issue. responses made clear that Other social media initiatives the New South Wales Parliament, Most Australian Parliaments, young people welcomed the include creating YouTube videos where they subsequently select their Parliament including the New South Wales Committee’s attempt at online of Portfolio Committee No 5 – delegates for the National had done a Parliament, now have their own consultation. A number of Industry and Transport’s visits to Convention in Canberra. Other Twitter and Facebook accounts. respondents commended the regional locations for its inquiry into programmes are aimed at good or very It is easy to provide information New South Wales Parliament the augmentation of water supply select community groups, good job of this – the task is to ensure that on its willingness to use new for rural and regional New South such as the Young Women’s information is entertaining and technologies and embrace the Wales, and the use of the Storify Leadership Seminars, in which encouragement.”

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With the end of this year, and Assembly of Pakistan; and conscience and religion. It is, the beginning of the next, Rabbi Marc Schneier, Founder therefore, necessarily vital that the international community and President of the Ethnic Parliaments adhere to those approaches the midpoint of the Understanding Foundation in the international human rights United Nations Educational, United States of America. instruments to which they are build a self-sustainable model of Post-Election Seminar I, in my the Commonwealth Parliamentary Above and above left: Baroness Scientific and Cultural When discussing the role signatory parties. intercultural dialogue. capacity as a representative of the Association, these activities can be Manzoor at the 4th World Forum Organisation’s International of Parliaments in building As part of this observation and I wish to conclude this article Parliament of the United Kingdom, undertaken at the national and the on Intercultural Dialogue in Decade for the Rapprochement intercultural bridges, it is adherence, Parliaments must look by discussing the ways in which discussed democracy, parliament sub-national parliamentary level, Azerbaijan in May 2017 where she of Cultures. In providing for this important to highlight the fact to mainstream cultural diversity Parliaments and Parliamentarians and the rule of law, and I was also and on a pan-Commonwealth or spoke on the topic of ‘The Role decade long observance, states, that Parliaments across the and sensitivity by providing spaces can build intercultural bridges presented with the opportunity to international scale through the of Parliamentarians in Building international organisations Commonwealth should, first which enable individuals and internationally with other engage in a dialogue on the issues establishing of bilateral relationships Intercultural Bridges for Dialogue’. Baroness and all other stakeholders are and foremost, act as successful cultural groups to communicate jurisdictions, making specific surrounding women in parliament, and multilateral networks. Manzoor, CBE is invited to identify gaps, propose examples of intercultural their opinions and perspectives reference to my experience with and the barriers and obstacles that It is with particular pleasure development agenda, and more solutions and initiate actions bridges, and I believe that a clear regardless of cultural background. the Commonwealth Parliamentary often prevent female participation in that I note in this regard, specifically the United Nations a Conservative Peer towards the creation of more distinction between a number of This in turn should allow Association. politics across the Commonwealth. that UNESCO has identified Sustainable Development Goals. in the Parliament of inclusive, peaceful societies. terms must be made here. intercultural dialogues to prosper, In 2015, I participated in a Indeed, such barriers and the development, sharing If the global community is to the United Kingdom, Additionally, this commitment We talk and hear often of both within and without the walls CPA Post-Election Seminar in obstacles are often cultural in their and application of skills and deliver the effective, accountable speaking on issues allows the opportunity to societies being either multicultural of parliament. Pakistan, at the invitation of the nature, with the issues discussed knowledge in intercultural and above all inclusive institutions showcase the importance or culturally diverse, in that they Crucially, these spaces need to Headquarters Secretariat of the during the sessions including: competences as a priority of and societies as prescribed in the surrounding health, of diversity, dialogue, and contain several cultures within a exist within a wider commitment Commonwealth Parliamentary the role of national media in their roadmap towards the 16th Sustainable Development international participatory democratic specific area, who may or may not to the rule of law and democratic Association, following the representing female candidates, rapprochement of cultures. I Goal, it is imperative that development and governance to peace and interact with each other on any institutions, which should endeavour Pakistani Senate elections, which the prejudices and discriminations anticipate that many reading this Parliaments around the world aid, and modern development in uncertain times. meaningful level. to maximise political participation aimed to provide capacity-building that exist within some Parliaments article would join me in agreeing deliver on intercultural dialogue In partial recognition of this This is to be differentiated and engagement, and strengthen and knowledge-sharing services towards female Members and with UNESCO’s assertion that both within their walls, in their slavery and has been milestone, I was fortunate to be from intercultural societies, democratic governance. to newly elected and returning parliamentary staff, and the view education in this context is key. dialogues with other Parliaments, a member of the EU invited to speak during a panel which are those which engage Parliaments can also contribute Members of the Pakistani Senate. of women as the primary caregiver Within this context, the and in the wider societies and External Affairs Select discussion at the 4th World in free and open dialogues to building intercultural bridges at Within the scope of this two to her children and family. unprecedented levels of populations that they represent. Committee since June Forum on Intercultural Dialogue between groups of varying the national level through direct, day seminar, both experienced Engagements such as the accessibility to knowledge and The core values and principles in Baku, Azerbaijan in May ethnic, cultural, religious and pertinent institutional changes. Parliamentarians and senior Commonwealth Parliamentary information should be utilised to of the Commonwealth Charter 2017. In 1993 Baroness 2017 on the topic of ‘The Role linguistic heritage and identity. This can be done, for example, parliamentary officials shared Association’s Post-Election allow citizens to develop mutual include the reaffirmation that Manzoor became of Parliamentarians in Building As such it is necessary that by promoting diversity numbers good practice from their own Seminars do not only provide a understandings, address harmful ‘We accept that diversity and a Commissioner of Intercultural Bridges for Dialogue’. Parliaments do not solely present within political parties, by helping to Commonwealth jurisdictions uniquely valuable opportunity stereotypes and combat violent understanding the richness of our the Commission This session provided a themselves as multicultural establish and maintain caucuses, outside of Pakistan, whilst for Parliamentarians and extremism and racism. multiple identities are fundamental platform for me to share a entities, with little meaningful and by providing an effective relating these experiences to parliamentary staff to discuss and Indeed, Parliaments should to the Commonwealth’s principles for Racial Equality, Commonwealth parliamentary discussion between members complaints procedure in the event the specific, local cultural and learn about practice and procedure look to undertake a commitment and approach’, as well as the going on to serve perspective during conversations of differing backgrounds and of bullying or harassment at any political situation in Pakistan. in Parliaments and Legislatures, to explore formal and non-formal commitment to ‘peaceful, as Deputy Chairman with Mr Mohammad Ali Houmed, beliefs, but rather intercultural level and scale. This undertaking is a but also allow for these important education settings as an incentive open dialogue and free flow from 1995-1998. She Chairman of the National houses which allow for productive Such changes would not only particularly effective and intercultural dialogues and the to again provide those open spaces of information’. As such, the Assembly of Djibouti; Mr Ziyafat exchanges from varying serve to create an environment successful learning experience sharing of best practices between for dialogue. As an organisation importance of maintaining was awarded a CBE Asgarov, First Deputy Speaker perspectives, to the benefit of the conducive to intercultural for those participating Members vastly different jurisdictions. committed to providing peer-to- effective intercultural dialogue in 1998 for her work of the National Assembly of publics whom we represent. dialogue, but would also serve of the Pakistani Senate as well As such Parliaments should peer learning opportunities to its within and between Parliaments in the health service Azerbaijan; Mr Radek Vondracek, Underpinning the principles to build trust in the institution as those Parliamentarians invited look to build intercultural bridges Members, I am pleased to see the and Legislatures throughout and in improving race First Vice-Chairman of the of intercultural dialogue is a and systems of parliament, on behalf of the Commonwealth by engaging with, and taking Commonwealth Parliamentary the Commonwealth must be Chamber of Deputies of the respect for fundamental human which can encourage and Parliamentary Association, the opportunity to develop, Association’s existence. an institutional priority as we relations in the UK. Parliament of the Czech Republic; rights, notably those political facilitate further intercultural irrespective of their background knowledge-sharing and capacity- The importance of such move into the second half of Hon. Murtaza Javed Abbasi, freedoms of speech, expression engagements. In this manner, and political affiliation. building activities and platforms. endeavours is especially pertinent this International Decade for the Deputy Speaker of the National and assembly, thought, the institution of parliament can Over the course of this CPA In the spirit of the principles of in light of the international Rapprochement of Cultures.

226 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 227 CELEBRATING 150 YEARS OF CELEBRATING 150 YEARS OF CANADA’S CONFEDERATION CANADA’S CONFEDERATION

“On 1st July CELEBRATING 150 YEARS OF 2017, Canada celebrated its CANADA’S CONFEDERATION 150th year of confederation. It was a day of Canada’s recognition of its indigenous peoples great rejoicing among the multitude of On 1st July 2017, Canada 1973, the federal government In 1867, a century after the people who have celebrated its 150th year of has signed 26 comprehensive Royal Proclamation, subsection been ‘migrants’ confederation. It was a day land claims agreement, 18 of 91(24) of the Constitution of great rejoicing among the which include arrangements for Act, 1867 granted Parliament to this land, be it multitude of people who have self-government. exclusive legislative authority 300 years ago or been ‘migrants’ to this land, be it The Crown’s relationship with over “Indians, and Lands reserved 300 years ago or 3 years ago. Canada’s Indigenous peoples has for the Indians.” 3 years ago. However, Canadian history been described by the Supreme Nine years later, in 1876, The is older than that. The first Court of Canada as sui generis, Indian Act was passed by the peoples, the First Nations, the which literally means ‘unique’. federal government. This Act is However, Hon. Yasmin Inuit, the Métis and numerous The Crown has a unique fiduciary the principal legislation through Canadian history Ratansi, MP is a aboriginal communities have duty to Canada’s Indigenous which federal jurisdiction for been living on this land for peoples, a duty which imposes ‘Indians’ and Lands reserved is older than Canadian Member over 500 years. To them, a higher standard of obligation for Indians is exercised. It is that. The first of Parliament for the 1st July 2017 was not a day in dealings with Indigenous comprehensive and regulates whilst some Inuit were forcibly Mulroney which was blocked by Canadian Prime Minister Liberal Party. She is of celebration but a day of peoples. As former Chief Justice most aspects of First Nations life peoples, the relocated from areas in Nunavut, Elijah Harper at the Manitoba Paul Martin released the Chair of the Canadian reflection on how they have Brian Dickson wrote in 1984: “I on reserve. Indigenous peoples First Nations, the Nunatsiavut and Nunavik to new Legislature on the basis that Kelowna Accord a year later, been treated by the colonizers of repeat, the fiduciary obligation object to its inherent paternalism. settlements in the High Arctic. the Indigenous peoples had not an agreement which resulted Federal Branch of their land. which is owed to the Indians by Both First Nations people Inuit, the Métis At the start of the following been involved in its negotiations from 18 months of roundtable the Commonwealth Therefore, on the 150th year the Crown is sui generis. Given and government officials have and numerous decade, in 1960, registered and public consultations had not consultations, leading up to Parliamentary of the Canadian confederation, the unique character both of the acknowledged the legislation’s Indians were granted the right to taken place; and the closing of the First Ministers’ meeting in Association, the focus of this article is to Indians’ interest in land and of limitations as a framework for aboriginal vote in federal elections. Prior to the Gordon Residential School, Kelowna. The accord was a pay tribute to all the aboriginal their historical relationship with relations between First Nations communities this, First Nations people were the last Indian residential school series of agreements between Vice-Chair of the communities that have shared the Crown, the fact that this is so and governments. required to relinquish their Indian in Saskatchewan. the Government of Canada, Standing Committee their land, been gracious hosts should occasion no surprise.” The Indian Act contained have been living status to be considered citizens. First Ministers of the Provinces, on Government to the new settlers and ensured a number of provisions that on this land From the 1990s to 2000, Highlights from 2000-2015 Territorial Leaders and the Operations and the survival of the newcomers. Historical background and enabled the federal government there were many changes that The 2004 Supreme Court leaders of the five national It is also a brief review of the some salient highlights to establish Indian residential for over 500 were made, including the Nunavut decision in Haida Nation v Aboriginal organizations in Estimates and a wrongs done to them and the in indigenous policy, schools. Discriminatory years. To them, Land Claim Agreement which British Columbia established Canada. The Accord sought Director of the Canada- governance and rights reconciliation required for the provisions of the Act, such as st contributed to the creation of the framework of consultation to improve the education, Africa Parliamentary road forward. Between 1701 and 1760, denying Indians the right to 1 July 2017 Nunavut in 1999. The Royal with Indigenous communities. employment and living conditions Association. She was The First Nations, Inuit and three peace and neutrality vote, forbidding them to leave was not a day Commission on Aboriginal People In that decision, the court stated for the Aboriginal people. To Métis people have held long treaties were signed between a reserve or consume alcohol released its report with 440 that the Crown has the legal ensure its success $5 billion the first female Muslim standing concerns related to their First Nations and the Crown. without the permission of an of celebration recommendations on a range of duty to consult affected First was committed by the Martin elected to the House lands and traditional territories. These treaties focussed on Indian agent, have since been but a day of topics from treaties, education, Nations communities “when the government. of Commons and is Between 1701 and the transforming commercial repealed. health, housing and child welfare. Crown has the knowledge, real Aboriginal leaders saw continuously working present day, the Crown signed partnerships with First Nations In 1885, Métis resistance to reflection on Some other notable events or constructive of the potential the Accord as a step forward, 96 treaties with the Indigenous into military alliances. Later, in Canadian authority over the lands how they have were: the Oka Crisis, in which a existence of Aboriginal right and as it involved the process of to engage multi-faith people, to address these issues. 1763, a Royal Proclamation in the Northwest led to Louis group of Mohawks from the town contemplates conduct that might cooperation and consultation groups in promoting The 70 treaties signed pre- established the foundation of Riel`s arrest and execution and been treated by of Kanesatake tried to prevent adversely affect it.” that brought all parties together. peace, harmony and 1975 cover nearly fifty percent the treaty-making process based the imprisonment of several First the colonizers of the town of Oka from expanding In 2005 through the Unfortunately, due to the change respect for each other. (50%) of Canada`s land mass on land. In the late 1700s, the Nations Chiefs and Métis leaders. a golf course into Mohawk finalization of the Labrador Inuit in government, the intent of the and are located in nine provinces Crown began to sign territorial Inuit gained the right to vote their land.” lands; the Meech Lake Accord Land Claims, the territory of Accord and the money was never and three territories. Since treaties with First Nations. in federal elections in 1950, proposed by Prime Minister Brian Nunatsiavut was created. followed through.

228 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 229 CELEBRATING 150 YEARS OF INCREASING THE CANADA’S CONFEDERATION NUMBERS OF INDIGENOUS PARLIAMENTARIANS

“The United in the provision of child and educational services, to alleviate Canada. The Budget 2017 family service by Indigenous and the tremendous challenges that increased funding for this Nations Declaration Northern Affairs Canada (INAC). the isolated and remote aboriginal initiative by $90 million over on Rights of the communities face. two years. This initiative will INCREASING THE NUMBERS OF Conclusion Some of the areas of support 4,600 indigenous Indigenous People This article aims to give highlights investments include: students advancing their was adopted in of major events and setbacks in • Investing $828.2 million over education and careers; INDIGENOUS PARLIAMENTARIANS Canada’s approach to working five years, to improve health • Creating early learning and 2007 with Canada with the Indigenous communities. care for First Nations and Inuit; child care programs for formally endorsing Successive Canadian • An unprecedented Indigenous children living on- How recent diversity management theory can be applied to the governments have been trying investment of $1.8 billion over and off-reserve; goal of increasing the number of Aboriginal and Torres Strait it in 2010.” to right the wrong of the inter- five years into First Nation • Revitalize and Enhance Islander Parliamentarians in the CPA Australia Region. generational trauma from those communities to significantly Indigenous Languages and Former Canadian Assembly colonial policies such as the improve water and Cultures by providing $69 of First Nations Chief Phil Indian Residential Schools, some wastewater infrastructure, million in new funding. Introduction Diversity management theory 2014). Culturally diverse teams Fontaine called the deal a with creative ideas, some with a ensure proper facility The above measures by the This article considers contemporary and evidence are effective when they work breakthrough for his people and paternalist approach. operation and maintenance, government as well as recent diversity management theory and Diversity management research together to achieve a common asked the new government to The focus of the current and enhance the training of Supreme Court of Canada how it could be used to support calls looks at diverse and inclusive goal with low interpersonal implement the Accord. Liberal government is water system operations; decisions against private for more Aboriginal and Torres Strait workplaces and their effect upon competition (Pieterse, Van The United Nations reconciliation with First Nations, • Advancing Renewed enterprises that do not consult Islander Parliamentarians in Australia. organisations. A diverse workforce Knippenberg & Van Dierendonck Declaration on Rights of the Inuit and Métis people. Relationships with Indigenous with Indigenous communities Despite making up 3% of the can provide competitive advantage 2013). It is important to clearly link Indigenous People was adopted Canadian Prime Minister Peoples based on the regarding projects which Australian population, only 17 of the to an organisation by improving diversity efforts to the strategic in 2007 with Canada formally Justin Trudeau and the Minister of Recognition of Rights through involve drilling or which create 822 MPs in Australia’s Parliaments reputation, enabling access to goals of the organisation (Wyatt- endorsing it in 2010. Indigenous Affairs, Hon. Carolyn nation to nation consultation; environmental harm, are all steps are Indigenous (Gobbett 2015). culturally diverse clients or customers, Nichol & Antwi-Boasiako 2012). The Truth and Reconciliation Bennett have been reaching out • Closing the Gap on Housing in the right direction. Dr Chris Bourke, This significant underrepresentation and improving effectiveness (Kramar Commission was established to various aboriginal communities for Indigenous Peoples by It is heartening to note that we MLA is a Member is a poor outcome for Indigenous et al. 2013, p. 293). Recruitment for diversity in 2008 with a mandate to to ensure that the consultation investing $225 million over have civil society organizations of the Legislative peoples who are entitled to a fair go Recent evidence supports the The largest hire car company in document the history and legacy process is working. There are one year to support housing like the Martin Aboriginal in our democracy. It is also a poor theory that diversity management the world, Enterprise Rent-A Car, of the residential schools in many complexities involved, providers serving people Initiative which is helping in Assembly of the outcome for Australia as our political delivers strategic benefits. In the has 74,000 employees in 12 Canada, with the subsequent including land claims, treaties, not living on reserves and the reconciliation and renewal Australian Capital parties and Parliaments miss out on US, managerial racial diversity countries. When Enterprise wanted report being released in 2015 provincial and federal jurisdictions, renovating nearly 6,000 process, through its focus on Territory. He is a the input of Indigenous perspectives delivered better outcomes for to improve capability by recruiting with 94 Calls to Action. etc. However, with the cooperation homes on reserves; education, health and social Government Whip, on public policy and administration. companies with a bigger market and retaining a diverse workforce it In 2016, the Canadian Human of all parties, the road ahead can • Creating more opportunities justice issues for the Indigenous The New South Wales deputy share and above average stock asked three questions. Rights Tribunal found that the be made less complex. for Indigenous Peoples by communities. The collective Assistant Speaker and opposition leader, Linda Burney, returns (Andrevski et al. 2014). 1. How do we attract First Nations children and families The current government has ensuring that students have initiatives give hope to the Chair of the Standing has listed respect, grace, the Workforce diversity was applicants from all walks of life? living on reserve and in the committed significant investment the same opportunities for communities that there is light at Committee on Health, capacity for narrative and a desire found to be ‘particularly valuable 2. How do we reach out to Yukon, are discriminated against for better housing, better health and success as other students in the end of the tunnel. Ageing, Community for consensus as the qualities she in complex environments, such different people and retain them? took into the New South Wales as diverse communities’ in a 3. And, how do we make sure and Social Services. Parliament as an Aboriginal study of 56 US chain restaurants all of our employees on the ground First elected in 2011, woman. Indigenous MPs can (Gonzalez 2013). Public remember to do this with each and he has served as ACT also leverage their impact by servants in the Netherlands every new appointment? Minister for Education advocating for cultural capital improved their performance with Enterprise created a diversity to develop better services for increased affective commitment scorecard to highlight that and Training, Industrial Indigenous and non-Indigenous and organisational citizenship diversity was ‘a critical element Relations, Corrections, Australians through the use of behaviour when management of our business success’ to all and Aboriginal & Torres Indigenous social concepts. diversity increased (Ashikali & employees (Lafever-Ayer 2013). Strait Islander Affairs. An example is the Aboriginal Groeneveld 2015). Other organisations have Medical Service, which was The literature also indicates not been so adept. In New Prior to entering politics, founded more than 40 years ago that poor implementation of York, the city’s administrative he ran a successful to tackle the medical aspects diversity recruitment can lead departments were found to be dental practice and of disease in a comprehensive to problems. Organisations with inefficient in recruiting diverse graduated from and holistic manner, they inclusive processes do well. employees (Guajardo 2015). also engaged with the social Leadership that is committed to Fragmented implementation Melbourne University determinants of ill health. The supporting inclusion, individual is common and is usually as the first Aboriginal recent development of Medicare employee empowerment, and an unsuccessful (Martins 2015). to complete a dental Locals and Super Clinics emulate organisational culture focused on Differences between policy degree. this Indigenous approach to results, improve performance with rhetoric and implementation in holistic health. diverse workforces (Sabharwal a larger Australian Government

230 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 231 INCREASING THE INCREASING THE NUMBERS OF INDIGENOUS NUMBERS OF INDIGENOUS PARLIAMENTARIANS PARLIAMENTARIANS

leadership contest” (Shorten 2015). agencies’, Public Personnel Management, Indigenous Labor Network: Resolution 12: That The resolution builds upon the vol. 44, no. 2, pp. 239-65. Advertising: each state branch form an Indigenous Labor Network. ALP’s previous initiative in 2005 • Kaplan, DM, Wiley, JW & Maertz, CP • Targeted media Figure 1: An Organisational Image Management model Membership should be open to all Indigenous people who to establish Indigenous Labor 2011, ‘The role of calculative attachment • Highly diverse ads (adapted from Avery & McKay 2006) are members of the ALP. Non-Indigenous ALP members Networks within State and Territory in the relationship between diversity • Success can nominate to be associate members. branches which are connected by a climate and retention’, Human Resource (Australian Labor Party 2015) National Indigenous Labor Network. Management, vol. 50, no. 2, pp. 271-87. Furthermore, the ALP National • Lafever-Ayer, L 2013, ‘Making Messaging: Platform was amended in 2015 diversity business critical’, Strategic HR • Dependency Structure of party organisation: Resolution 14 (g): to place a strong statement about Review, vol. 12, no. 3, pp. 145-50. • Policy statements The National Indigenous Labor Network shall function in the status of Aboriginal and • Martins, L-P 2015, ‘HR leaders hold Organisation perceptions: Organisation accordance with the rules that may be approved from time Torres Strait Islander people at the key to effective diversity management’, • Value of diversity Diversity to time by the National Executive and subject to its control the beginning of the platform. Human Resource Management • Emphasis on recruiting Image and jurisdiction. The network’s goals will be to: The Australian Labor Party‘s International Digest, vol. 23, no. 5, pp. Sponsorship: (i) attract and support Indigenous ALP members; success in the election of 49-53. • Causes (ii) increase the involvement of Indigenous people at all two Indigenous national party • McKay, PF & Avery, DR 2005, • Events levels of the ALP; presidents and the election of a ‘Warning! Diversity Recruitment Could (iii) provide a focus for the identification, training Senator has been celebrated. Backfire’, Journal of Management Inquiry, and support of Indigenous candidates; (iv) increase The diversity management vol. 14, no. 4, pp. 330-6. Recruitment Activity: awareness of Indigenous issues throughout the ALP; literature supports Australian • Payne-Pikus, MR, Hagan, J & Nelson, • Diversity job fairs (v) increase commitment of Party members to greater Labor Party actions in leadership, RL 2010, ‘Experiencing Discrimination: • Minority recruiters representation of Indigenous people throughout the Party; and organisation specific policy, Race and Retention in America’s Largest • Minority institutions (vi) encourage the employment of Indigenous people in celebration and support for Law Firms’, Law & Society Review, vol. 44, staff and Party positions. causes. There is more work to be no. 3/4, pp. 553-84. (Australian Labor Party 2015) done in diversity training, auditing, • Pieterse, AN, Van Knippenberg, D accountability, and advertising. & Van Dierendonck, D 2013, ‘Cultural department were due to: proposes advertising that is rosy picture that breeds resentment perceived as mistrust by minority diversity and team performance: The role of • a lack of manager training or targeted to minority media, and mistrust and leads to employees (McKay & Avery 2005). Chapter 1: Labor’s enduring values: team member goal orientation’, Academy accountability; uses images of a highly diverse separation (McKay & Avery 2005). A positive workplace climate, 1. We pay respect to the traditional owners of our ancient References of Management Journal, vol. 56, no. 3, pp. • no engagement of line workplace and celebrates where it is perceived that diversity continent – the Aboriginal and Torres Strait Islander • Andrevski, G, Richard, OC, Shaw, 782-804. managers in diversity policy success. The promotional Retention and diversity is valued and actively promoted, peoples – their continuing connection to this land, and their JD & Ferrier, WJ 2014, ‘Racial Diversity • Sabharwal, M 2014, ‘Is Diversity development; messaging must convey that Better retention can also sustain improves retention (Kaplan, Wiley right to a place of honour in our constitution and a full and and Firm Performance: The Mediating Management Sufficient? Organizational • negative attitudes persisting the organisation needs minority workforce diversity (Guajardo & Maertz 2011). In contrast a poor equal share in our nation’s future. Role of Competitive Intensity’, Journal of Inclusion to Further Performance’, Public after diversity training; employees to achieve its goals 2015). Poor racial conditions within workplace climate has the opposite (Australian Labor Party 2015) Management, vol. 40, no. 3, pp. 820-44. Personnel Management, vol. 43, no. 2, pp. • borrowing a best practice along with clear statements about an organisation will undermine effect as illustrated by a study of • Ashikali, T & Groeneveld, S 2015, 197-217. model rather than a its diversity policy. Sponsorship successful recruiting (McKay large US law firms where African- benefits to organisations. The (ALP) to address Indigenous ‘Diversity management for all? An empirical • Shorten, B 2015, ‘Bill Shorten: bespoke solution; and support for minority causes & Avery 2005). Auditing for American associates received less recurrent themes within successful underrepresentation will be analysis of diversity management outcomes without more Indigenous Labor MPs, we • failing to consider after and events as well as attendance diversity can be used to uncover contact and mentoring by partners diversity management are: considered as an example of current across groups’, Personnel Review, vol. 44, can’t be true to our values’, The Guardian, placement needs (Soldan & at diversity job expos, employing prejudice and resistance and learn – the result was high dissatisfaction 1. Leadership Australian political practice as well no. 5, pp. 757-80. 23 July 2015, viewed 17 November Nankervis 2014). minority recruiters and looking for from minority employees about levels and high resignation 2. Organisation specific policy as how they align with diversity • Australian Labor Party 2015, ‘Labor 2015, . conveying to minorities that an workplace in recruitment activities by employees who consciously Conclusion 5. Manager training and Resolution 23 that enabled and state: a quick guide, viewed 17 • Soldan, Z & Nankervis, A 2014, organisation values diversity with an emphasis on the real espouse equality and fairness The diversity management accountability State and Territory branches November 2015, http://www.aph.gov. ‘Employee Perceptions of the Effectiveness (Avery & McKay 2006, p. 165). advantages for minority employees but show negative nonverbal literature supports the argument 6. Highly diverse advertising in to implement affirmative action au/About_Parliament/Parliamentary_ of Diversity Management in the Australian This model (Figure 1) builds trust in contrast with a too- behaviours; behaviours that are that a diverse workforce brings targeted media for Aboriginal and Torres Strait Departments/Parliamentary_Library/ Public Service: Rhetoric and Reality’, Public 7. Celebrating success Islander pre-selection candidates. pubs/rp/rp1516/Quick_Guides/ Personnel Management, vol. 43, no. 4, pp. Increased representation of Aboriginals and Torres Strait Islanders in public office: Resolution 23: The ALP is 8. Team orientation with low The resolution was strongly IndigenousParliamentarians 543-64. committed to increasing the representation of Aboriginals and Torres Strait Islanders in public office positions the party holds. interpersonal competition and supported by party leader, Bill • Gonzalez, JA 2013, ‘Matchmaking: • Wyatt-Nichol, H & Antwi-Boasiako, To achieve this, National Conference empowers state branches to make affirmative action rules, in consultation with their clear goals Shorten, in an opinion piece where community and business unit racial/ethnic KB 2012, ‘Diversity management: state Indigenous Labor Network, for the preselection of public office holders that require a minimum of relevant positions to 9. Sponsorship or support for he said “as the party not only of diversity and business unit performance’, Development, practices, and perceptions be held by Aboriginals or Torres Strait Islanders. The minimum level that can be set by such affirmative action rules is 5%. To causes and issues social justice and a fair go but as International Journal of Human Resource among state and local government support state branches in the implementation of this strategy, National Conference requires state branches to: one that seeks to represent all Management, vol. 24, no. 21, pp. 4063-81. agencies’, Public Personnel Management, • ensure that application and renewal forms ask prospective and existing ALP members whether they are Aboriginal and/or Case Study - Australian Australians, we must address this • Guajardo, SA 2015, ‘Assessing vol. 41, no. 4, pp. 749-72. Torres Strait Islander; and Labor Party matter. That is why I raised the need organizational efficiency and workforce • maintain a contact list of Aboriginal and Torres Strait Islander members that can be provided to their Indigenous Labor Network. The recent efforts within for Labor to increase Indigenous diversity: An application of data (Australian Labor Party 2015) the Australian Labor Party representation during the 2013 envelopment analysis to New York city

232 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 233 COMMITTEE ON PUBLIC COMMITTEE ON PUBLIC ADMINISTRATION: 20 ADMINISTRATION: 20 YEARS OF PROGRESS IN YEARS OF PROGRESS IN ACCOUNTABILITY IN QUÉBEC ACCOUNTABILITY IN QUÉBEC COMMITTEE ON PUBLIC ADMINISTRATION: 20 YEARS OF PROGRESS IN ACCOUNTABILITY IN QUÉBEC

The National Assembly of recognised the role played by addition, the Committee on Public Québec’s Committee on Public Parliamentarians with respect to Administration may examine any Administration (CPA) celebrates government action and improving other matter the Assembly refers its 20th anniversary this year. public services. The new Act to it. Its sole role is to hold the Following in the footsteps of facilitated oversight by requiring Administration accountable; it Québec’s first Parliamentarians, government departments to does not examine Bills. who as early as 1792 demanded establish objectives, measure In carrying out its mission, that the Governor or his achievement of those objectives the Committee on Public administration give an account of and disclose their results in an Administration relies on the his expenses, the Committee on annual management report. close collaboration of the Public Administration continues The Standing Orders list Auditor General of Québec. Hon. Sylvain to set new boundaries. This article a number of functions for When the Committee on Public functions set it apart from other Regular and systematic Administration’s burden. In order Above: A recent session of Gaudreault, MNA explains how the Committee the Committee on Public Administration examines one Commonwealth Public Accounts controls to ensure to coordinate its work with that the National Assembly of is the Chairman of the on Public Administration works Administration, two of which are of his or her reports, the Auditor Committees. First, it has the accountability of the sectorial committees, Québec’s Committee on Public Committee on Public and presents the practices and particularly challenging. Deputy General participates in both obligation to examine the annual In legislatures based on the the Committee on Public Administration takes place. functions that set it apart from Ministers or Chief Executive preparatory deliberative meetings report on the implementation of Westminster parliamentary Administration must inform them Administration at the other Public Accounts Committees Officers of public bodies must and public hearings, presenting the Public Administration Act. system, Public Accounts when it initiates the examination National Assembly of the Commonwealth. appear before the Committee the findings of his or her audit to Passed in 2000, this Act Committees rarely examine the of a matter in one of their areas performance is assessed in four of Québec. He has Spurred by the idea of to discuss their administrative committee members to inform established new accountability annual reports of government of competence. If a sectorial areas: fulfilment of its mission, represented the mandating a standing committee management when it is reported them of the main issues. mechanisms to promote results- departments and bodies. committee wishes to take over achievement of its strategic to examine government on by the Auditor General or Committee proceedings based management centred on However, the Committee a mandate, it has 10 days to objectives, quality of its public electoral district of management, Québec by the Public Protector, an are carried out in a non- transparency. Every year, the Chair on Public Administration notify the Committee on Public services and optimal use of its Jonquière since 2007 Parliamentarians adopted a series ombudsman appointed by the partisan, collaborative of the Conseil du trésor (Québec does precisely that over a Administration. resources. and he served in the of amendments to the Standing National Assembly. In addition, the environment. Committee Treasury Board) must table a four-year cycle. Although the To help it meet its obligations, Second, the Committee on Québec Government Orders of the National Assembly Act stipulates that the Committee observations, conclusions and report on the implementation of National Assembly’s sectorial including its duty to examine all the Public Administration holds public on 10 April 1997. One of these on Public Administration must recommendations are the result of the Act within the Administration. committees share some of the annual reports every four years, the hearings. Committee members as Minister of Transport divided the Committee on the hear deputy Ministers and Chief a consensus among its members. Appointed as the guardian load, the Committee on Public Committee on Public Administration question the deputy Ministers and Municipal Affairs Budget and Administration into Executive Officers at least once The Committee on of the Act, the Committee on Administration takes on the lion’s has adopted a three-step procedure and Chief Executive Officers who (2012-2014). two separate committees: the every four years to discuss their Public Administration is Public Administration hears the share of reviewing the annual and an assessment grid. appear before it. The Committee Committee on Public Finance and administrative management. chaired by a Member of the Secretary of the Conseil du trésor management reports of some First, Committee on Public on Public Administration then the above-mentioned Committee Other Committee on Public Official Opposition who, with on that report in the context of a one hundred departments and Administration Members examine holds a deliberative hearing to on Public Administration. Administration functions include the Steering Committee, public hearing. bodies subject to the Public the annual management reports establish its conclusions and First established on a hearing the Auditor General on plans Committee on Public To mark the 10th anniversary Administration Act. during deliberative meetings, send make recommendations. trial basis, the Committee on his or her annual management Administration proceedings so of the Public Administration Under the Standing Orders comments to the departments Third, the Committee on Public Administration became report and examining the annual as to ensure continuity in the Act, the Committee on Public of the National Assembly, and bodies concerned and Public Administration tables a standing committee five report on the implementation cycle of parliamentary oversight Administration and the Secretariat sectorial committees have the determine which entities they a report before the National months later. In May 2000, of the Public Administration and accountability. Committee of the Conseil du trésor organized power to initiate oversight and wish to hear in a public hearing. At Assembly containing a summary the Committee on Public Act. The Committee on Public proceedings are the subject of a a day of reflection on the Act. A accountability mandates and this stage, the Members can count of its work, including all Administration’s mandate was Administration is also mandated bi-annual accountability report. total of 175 Parliamentarians, examine, on their own initiative, on the support of the National observations, conclusions and broadened with the passing to examine the financial deputy Ministers, Chief Executive the management performance of Assembly’s Research Service, recommendations made over the of the Public Administration commitments of government Overseeing implementation of Officers and managers discussed departments and bodies in their which performs a preliminary course of the sessional period Act, which, by making the departments and bodies, which the Public Administration Act its implementation over the respective areas of competence. analysis. Using criteria determined concerned. Such a report is Administration accountable is a unique mandate in the world Some of the Committee previous ten years and what the In exercising that power, they by the Committee on Public tabled twice a year and, since the to the National Assembly, of British Parliamentarism. In on Public Administration’s future might hold. ease the Committee on Public Administration, each entity’s beginning of the 41st Legislature

234 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 235 COMMITTEE ON PUBLIC WHY ARE ELECTIONS AND ADMINISTRATION: 20 THEIR OBSERVATION YEARS OF PROGRESS IN IMPORTANT AND WHAT ARE ACCOUNTABILITY IN QUÉBEC THE CHALLENGES THEY FACE?

(March 2014), has varied in management, the Committee the Committee on Public area of parliamentary oversight. length from 7 to 11 chapters. on Public Administration Administration extracts lists of By formalizing this important Each year, the Committee on determines the conclusions and commitments from the Québec function, the Committee on Public WHY ARE ELECTIONS AND THEIR Public Administration examines recommendations it will make government’s electronic tendering Administration has played an an average of 15 annual reports to the entity concerned. It keeps system. It performs sample controls, essential role. As the Committee in deliberative meetings, but only track of the recommendations it targeting certain types of financial with some of the broadest powers OBSERVATION IMPORTANT AND WHAT about 5 of them are the subject of makes and each entity’s response commitments it wishes to examine in terms of oversight of the a public hearing. using a dashboard-format Word more closely. The Committee Administration, the Committee on chart. The Auditor General also on Public Administration Public Administration will no doubt ARE THE CHALLENGES THEY FACE? A unique monitoring verifies the implementation of systematically examines the continue to hone its approach and mechanism some of the Committee on Public financial commitments of the shine as one of the most dynamic The Committee on Public Administration’s recommendations departments and bodies whose committees of the Commonwealth. Administration attaches great when doing the same for his or her deputy Ministers and Chief importance to the follow-up own recommendations, and then Executive Officers are summoned The author would like to thank Mr given to its work by government determines whether the progress to appear before it regarding their Geoffroy Boucher, intern at Fondation The Fascination of Elections There are already various addition, so does the Organisation departments and bodies. Every made on each recommendation administrative management. Jean-Charles-Bonenfant, for his support In a world of the 24-hour news international instruments, and Cooperation in Europe entity whose resource use has examined is satisfactory or not. in researching and writing this article. cycle, elections rouse increasing provisions and commitments which has 57 participating State been the subject of a performance Conclusion interest – often the conduct as relating to elections – the members. The value of observation audit has four months after the A priori financial controls The Committee on Public References: much as the outcome. On the Universal Declaration of Human by outsiders is unquestionable. Auditor General’s report is tabled Contrary to prevailing practice Administration performs regular • Gagnon, Jacques. “The National face of it elections are straight Rights and the International to devise and table an action in most Westminster-style and systematic controls to Assembly Committee on Public forward. They come around every Covenant on Civil and Political OSCE Election Observation plan in response to the Auditor parliamentary legislatures, ensure the accountability of Administration”, Canadian few years; the voter puts a cross Rights, the African Charter The reason I am using the OSCE General’s recommendations. the Committee on Public deputy Ministers and Chief Parliamentary Review, vol. 28, no. 2 on a piece of paper or presses a on Democracy, Governance as an example is because I have If called to appear before Administration does not examine Executive Officers. The follow- (2005), pp. 13–18. button; and at the end the votes and Elections and the been involved with its Office the Committee on Public the consolidated financial up mechanism it has developed • Pelletier, Réjean, et Pierre- Dame Audrey are counted and someone or a Commonwealth’s Commitments of Democratic Institutions and Administration, it must send its statements of government to ensure implementation Luc Turgeon. Le contrôle de Glover, DBE is an party is elected. contained in the 2013 Human Rights (ODIHR) since action plan to the Committee two departments and bodies. Instead of its recommendations, the l’administration gouvernementale expert in election But if they are just run of the Commonwealth Charter. To them 1994. In fact, I helped, along with weeks before the hearing. it examines government financial examination of government par les commissions parlementaires mill technical events, why are add the European Convention others to start the observation observation and has The Committee on commitments of $25,000 or more, financial commitments of $25,000 dans quelques parlements de tradition some people in certain parts of on Human Rights 1958 methodology of the Organisation. Public Administration has meaning expenditures authorized or more that it is empowered to britannique. Québec: Université headed 18 election the world willing to go to prison and the OSCE Copenhagen In some respects, its approach put in place a mechanism by the entities but not made. conduct on its own initiative and Laval, Chaire de recherche sur observation missions or suffer an even worse fate by Commitments of 1990, which today has become a template for to monitor implementation Each year, over 20,000 financial its unique status under the Public la démocratie et les institutions on behalf of the insisting that elections should take cover equal and universal meaningful election observation of its recommendations. commitments are authorized by Administration Act set it apart from parlementaires, 2011, 50 pp. place? And furthermore, why are suffrage. In addition, there is Let me put this in context. Organisation for Security Subsequent to each hearing, the Conseil du trésor, Conseil other Public Accounts Committees. • Standing Orders and Other Rules people willing to spend long hours national legislation. When the Soviet Union broke whether convened following a exécutif (Executive Council) and Over its 225 years of of Procedure. Québec: National and Co-operation in in the cold, rain or hot sun to vote? But how can one judge up following the fall of the Berlin report by the Auditor General government departments. parliamentary history, Québec has Assembly of Québec, 41st Europe (OSCE) including Let’s unpack all this and look whether or not an election has Wall in 1989, there was a raft of or to examine administrative To carry out this mandate, made significant strides in the Legislature, 2015 (16th edition, the presidential at the contents more closely. been carried out and conducted elections in the countries which updated online PDF version, August properly? This is where were formerly part of the Soviet elections in the USA 2016). http://www.assnat.qc.ca/ The Role of Elections observation comes in. There are Union. A great deal was done in en/publications/fiche-reglement- (2016), Albania (2015), Although an election cannot bring various organisations and groups that period to reconnect some assemblee.html Spain (2015), Hungary about democracy by itself, it is that observe elections around the countries with democracy and to • Québec. Public Administration Act, (2014), Bulgaria (2014), not possible to have democracy world. Indeed, the Commonwealth introduce it to others. In response CQLR, chapter A-6.01, updated without elections. They enable has its own eminent body and to this, the CSCE (its original Ukraine (2012) and to April 1, 2017. Québec: Éditeur people to express their preference there is also the African Union. In name) held a conference in officiel du Québec, 2017. http:// Azerbaijan (2011). for those they would like to govern legisquebec.gouv.qc.ca/en/ Dame Audrey was them and thus bring security and ShowDoc/cs/A-6.01 called to the Bar to stability. Furthermore, elections are a celebration of human rights practice law before because they embrace the right joining the UK Foreign to association and assembly, and Commonwealth freedom of the media, freedom of Office as a legal adviser. expression and the right to vote. In addition, electoral procedure From 1998-2004, she should ensure that there is no Left: A recent session of was the Leader of the discrimination between voters and the National Assembly of UK Delegation to the that women, members of minority Québec’s Committee on Public UN Human Rights groups, prisoners and the disabled Administration takes place. are allowed to participate. Commission.

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Copenhagen in 1990 which drew might not be fulfilling their electoral One reason for this may be lack up commitments on elections commitments. of money but the basic issue is – the so-called Copenhagen This all seems quite straight one of credibility for the OSCE. Commitments. The participating forward but are things as simple It is important that elections States pledged themselves to as they appear? in all regions of the OSCE are observe the commitments and to Not always. Observers face observed for various reasons. One hold each other accountable for various challenges to discover is transparency of the electoral the standards that they had set by exactly what is happening during system in the country concerned inviting international observers to the electoral process. This is for its voters. Another is that no their elections because some states, where elections are perfect and States Thus, election observation was there are still semi authoritarian can learn from each other and born in the CSCE region. Initially, regimes, are adept at keeping up from each other’s mistakes. the practice was that some the appearance of fulfilling their In addition, press coverage election experts would go to a international commitments while is often biased, particularly state country to watch the Election Day subverting the integrity of the controlled media. Sometimes process and write a report. But election process. This of course is editions of particular newspapers gradually the participating States true of elections all over the world are prevented from being realised that there was more to not just in the OSCE area. distributed. There should be an election than just Election Day equitable access to the media for all and they charged the ODIHR to Challenges to Election the candidates. Also, the ownership draw up procedures to observe Images: Commonwealth Secretariat Election Observation. Observation of a newspaper is sometimes the entire electoral process. How do OSCE Election the Election Commission, NGOs, then analysed by experts in the Perhaps the biggest challenge is not clear. This links with another strikes at its independence and because that defeats the object That is how comprehensive Observation Missions work in the complaints and appeals core team and are fed into the the insufficient funding the ODIHR challenge of opaque funding the way that it operates. of observation in the first place. observation began. It enabled practice? system and relevant government Preliminary Conclusions which are receives from the participating regulations – who is financing A more recent challenge to It has been suggested that there observation missions to look Before an election observation departments, those responsible announced the day following the States. Because the Organisation political parties behind the scenes? elections is the introduction of should automatically be reports on at issues and practices which mission can begin there has to for registration of candidates election at a press conference. runs on consensus however there Although ballot box snatching new technologies. They should the steps that States have taken to could have profound effects be an invitation to the ODIHR and voters and establish a media The short-term observers are is little chance that situation will is by and large a thing of the of course be confidential but are implement the Recommendations on the election, such as voter to observe by the appropriate observation unit. A week later the debriefed when they return to the change. The ODIHR therefore past, vote manipulation is more not always so. There is little point six months after a report had been and candidate registration, government. The ODIHR responds long-term observers arrive. They capital. They leave shortly after often has the task of deciding sophisticated these days. for example in being able to vote published. But there is as yet no identification, training of and sends a Needs Assessment are briefed and dispersed in pairs Election Day and the long-term which elections they will observe Pressure can be put on civil from abroad if you have to fax your agreement to do so. members of the local election Mission to the country to determine around the country to find out what observers a few days later. The because there is insufficient servants, teachers, students and vote thereby destroying its secrecy. commissions, the candidates’ the type of observation mission is happening at the grass root core team remain a little longer funding to observe them all. the military to vote in a particular The use of electronic voting and Conclusion campaign, operation of the media and its size. The mission will decide level and to report daily to the core and, among other things, follow up An equally large challenge is way or else lose their jobs or not counting has raised concerns about Despite these challenges, OSCE and seeing if the candidates whether it will be an Election team. There will be at least one on the complaints and appeals that the ‘politics’ of election observation. receive a degree. Vote buying still possible manipulation unless there reports are impartial, factual and had equal access to the media Observer Mission (EOM) with a Interim Report before Election Day might have been lodged during the Despite the fact that the exists. Some voters find that their is a paper trail against which to attention is paid to them. What and whether it was state owned core team, long-term and short- when the mission explains what it election process. participating States agreed in 1990 names are no longer on the voter check the results and also access is encouraging is that frequently and also whether there was an term observers; or a mission with a has been doing and highlights any In addition, Members of different to hold democratic elections and register when they go to vote, to the programmes. Without it, it is suggested Recommendations are effective complaints and appeals core team and long-term observers concerns that it might have about Parliaments such as the OSCE, invite participating States to observe, whereas others are able to vote not possible for observers to know implemented. Some participating system in place. only or an assessment election the electoral process. Council of Europe, European the ‘politics’ of election observation twice and dead people vote. The whether or not the programmes States voluntarily make The norm setting nature mission with just a core team. A few days before the election Parliament and NATO sometimes is not settled within the OSCE. One homebound and disabled can be have been tampered with. statements in the Permanent of the organisation and its Composed of people who the short-term observers arrive join the Mission as short-term State in 2007-2008 attempted disenfranchised unless special Ensuring that voters have trust Council explaining what they have commitments has been applied for the job and who are and are briefed, dispersed in pairs observers just before Election Day. unsuccessfully to totally undermine provisions are made for them. in the system is another important implemented. But it is important reconfirmed on frequent selected and paid for by the around the country and attached Finally, there will be a Final the whole process. While election In addition, voter identification challenge. This is vital because that participating States continue occasions by the participating OSCE, the core team will comprise to LTO teams who will brief them Report which will be released observation is necessarily technical, is an area where irregularities basically elections are for the to hold each other responsible for States. The reports on elections a political adviser, an election on matters relevant to their area. about 8 weeks after the election. it seems to arouse impassioned can occur when supporting voters. They need to be able to fulfilling election commitments receive international attention, adviser, a lawyer, a media expert, It is their job to observe Election There will of course be no politics and politicking. documentation is rejected. make a decision freely as to which in order to maintain the three because they are objective, a statistician, a campaign finance Day proceedings in different negotiation whatsoever with Another challenge is that Another challenge is that some candidate they wish to support. The basic principles underlying comprehensive and based on a expert and a new voting technology polling stations, as well as the the country concerned over the participating States are not States do not invite the ODIHR voter needs to be confident that he the Copenhagen document – strong methodology. expert, logisticians as well as a count and the tabulation of results. drafting of the Report because sending the requested number of to observe their elections at all or she can vote in secret, that their accountability, transparency and Yet, despite these standards, head of mission and deputy. Long- They stay in a polling station for at the ODIHR prides itself on the long and short-term observers to (although States are bound to do vote will be kept securely and that it voter confidence. the ultimate responsibility for term and short-term observers least half an hour and complete neutrality and impartiality of the Election Observer Missions. This so) or if they do issue an invitation will be correctly counted. The election observation the conduct of an election is are provided and paid for by the various forms. They are expected members of the Election Observer shortfall applies particularly to to the ODIHR they try and insist Finally, there is the practise that the OSCE has the government of the country participating States who have their to visit about 10 polling stations Mission in the preparation of election missions in participating on having fewer observers than challenge that there is often adopted is a reflection of efforts concerned. The OSCE are not own methods of selection. in a day. The completion of these the document. One important States in Western Europe, in the number requested or even little implementation of the in other international bodies to election police but are there to The core team will establish forms is crucial because they element of the Report comprises contrast to missions in Eastern who should or shouldn’t head the Recommendations in the advance the same objective of assist states in improving the itself in the capital and start seeing give a detailed picture of what the Recommendations which States, thus conveying a ‘them’ mission. Obviously, there should Final Report after an election. secure and free elections. The conduct of elections so that they all the relevant interlocutors – the happened during the voting in suggest ways in which the country and ‘us’ atmosphere which be no attempt to influence the It is unfortunate if none of the label may be different but the are in line with the commitments. contesting parties, the candidates, polling stations. These forms are can improve in areas where they sometimes generates resentment. composition of a mission as that suggested changes are introduced aspirations the same.

238 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 239 IN DEFENCE OF DEMOCRACY: 20TH IN DEFENCE OF DEMOCRACY: 20TH ANNIVERSARY OF THE UNIVERSAL ANNIVERSARY OF THE UNIVERSAL DECLARATION ON DEMOCRACY DECLARATION ON DEMOCRACY

famine and disease to terrorism and armed conflict, to name a IN DEFENCE OF DEMOCRACY few, many issues demand the immediate attention of policy makers and global leaders. Democracy, then, is perceived as a The 20th anniversary of the Universal Declaration on Democracy constant effort, one which is often forced to take a back seat to the issue of the day. The formidable challenges democracy faces today have led some to coin the phrase ‘democracy in decline’ or ‘democratic decline’. Is democracy Since it was established in 1889, aspiration, based on a set of does not come without some really in decline though, or have the Inter Parliamentary Union common values shared by level of discomfort: as civil society the challenges to democracy (IPU) – the world organisation of peoples around the world. Those organisations are now protesting simply multiplied and evolved? Parliaments - has been staunchly values include the primacy of the intensely and frequently, efforts In any event, in some cases, the committed to promoting stable and law, the exercise of human rights, to contain them are also on the argument that democracy is in diverse democratic traditions by free political competition and a increase. decline is difficult to counter. fostering parliamentary dialogue. genuine partnership between Nevertheless, an active civil September 2017 will be men and women in conducting society is an essential element The role of Parliaments the 20th anniversary of one of the affairs of society. of democracy. Democracy is Parliaments can contribute robustly the IPU’s unique achievements The starting point of the based on the fundamental rights to addressing some of these Martin Chungong in this regard – the Universal Universal Declaration, and of the individual. Freedom of challenges. They can, for instance, cumulative effect of the exercise form of government, democracy certainties that remain is that is the Secretary- Declaration on Democracy it also of democracy itself, is that expression and freedom of use their legislative mandate to of Parliaments’ core mandates, is the best way of achieving democracy is the ‘best way’ of adopted in Cairo in September the authority of government assembly, including the right to ensure that there is a conducive executed effectively, is the these objectives; it is also the achieving fundamental freedoms General of the Inter- 1997. Ten years later, in 2007, can derive only from the will organise political activities, are environment and framework to creation of ideal conditions for only political system that has the of all peoples. Parliamentary Union the United Nations General of the people as expressed in part of this set of fundamental allow civil society to operate. Civil democracy to flourish. capacity for self-correction.”2 Perhaps the most significant (IPU) and made double Assembly reaffirmed the IPU’s genuine, free and fair elections. rights. Any restrictions that are society is, after all, not the enemy, Therefore, as an ideal, marker of democracy is the level history by becoming the initiative by instituting the IPU membership includes placed on these rights must be but on the contrary can be a useful Home truths democracy seeks to safeguard of tolerance in society, where the International Day of Democracy 173 countries, with often very justified by a clear imperative ally on sector specific issues; and, In the face of manifold the fundamental rights of the existence of different political first-ever African and on 15 September each year. different political systems. Yet and be proportional to the most importantly, forms a part of challenges, the Universal individual while at the same time views is accepted as the normal the first non-European Since then, the Day has been they share a belief that dialogue intended purpose. the very constituency Parliament Declaration offers a number of strengthening cohesion and a expression of citizens’ diverse to be elected in the celebrated by more than 100 between different perspectives In some cases, democracy is is supposed to serve, by way of ‘home truths’ about democracy, sense of nationhood within a opinions. Government and organisation’s 125-year Parliaments. Both anniversaries is necessary, indeed it is the only put to the test, with attempts to its representative function. A all of which remain relevant today. global context. politicians have a key responsibility are an opportunity to celebrate way to move forward. restrict democratic space, and constructive partnership between I share just a few of those here. 3. “The achievement of to display political tolerance history. Following a the successes of democracy and crackdowns on NGOs working Parliament and civil society would 1. “Democracy is both an democracy presupposes a towards their opponents. 14-year career with to face up to its challenges. Challenges to further democracy in society. go some distance in restoring the ideal to be pursued and a mode genuine partnership between I have always maintained the Cameroonian The Universal Declaration One of the greatest challenges Some governments seek to trust between citizens and their of government to be applied men and women in the conduct that democracy is only worth its Parliament, Mr lays down the principles to democracy today is the gap control the Internet by passing representatives. according to modalities which of the affairs of society in name if it delivers benefits to of democracy, deals with that exists between citizens and laws, while others narrow the Furthermore, Parliaments can reflect the diversity of experiences which they work in equality society by increasing people’s Chungong has spent the exercise of democratic their representatives. In all parts democratic space for civil society exercise their oversight mandate and cultural particularities without and complementarity, drawing social and economic well-being. more than 20 years government and stresses the of the world, levels of trust are by restricting their ability to to ensure that the promotion derogating from internationally mutual enrichment from their Populations are, quite rightly, at the IPU. As Chair international dimension of particularly low, and participation operate and raise funds vitally of democracy remains at the recognised principles, norms and differences.”3 While some demanding results. In the wake of the Management democracy. It is considered in elections is falling, especially required by their organisations. forefront of the parliamentary standards.”1 progress has been made on this of these challenges, there is as the first comprehensive among young people. With These issues can be witnessed agenda, while at the same time 2. “As an ideal, democracy front, much work remains to be no better opportunity to come Committee on definition of democracy, and participation representing a in all parts of the world, and in resisting those who would wish to aims essentially to preserve done. together than in the defense Accountability of the represents a landmark because fundamental tenet of democratic countries with diverse experiences see democracy undermined. and promote the dignity and The aspirations of the Universal of democracy. In this sense, OECD Governance it was the first time that State practice, these low levels of trust of democracy. Where this is the Finally, Parliaments can also fundamental rights of the Declaration of Democracy, and democracy cannot be perceived Network, Mr institutions, Parliaments, from are a barrier to encouraging case, those countries are asking exercise their budgetary mandate individual, to achieve social the values articulated therein are as an option. It is an imperative so many different countries active participation of citizens. the fundamental question whether to ensure adequate resources justice, foster the economic just as valid today as they were in that every country, irrespective of Chungong has had come together to agree New efforts need to be made to in fact we do have a shared value are allocated for initiatives that and social development of the 1997 when it was adopted, if not political system, has to live up to. further contributed to on the constituent elements of engage citizens in the political regarding democracy. seek to promote democracy. community, strengthen the more so. In a world beleaguered establishing governance democracy. process, at local and national level. Furthermore, there is no Often, these kinds of initiatives cohesion of society and enhance by uncertainty, in a world facing References benchmarks to The Universal Declaration In a number of countries, shortage of international crises are left to development partners, national tranquility, as well as to the ever-present reality of terror, 1 Universal Declaration on Democracy, Art 2 on Democracy makes it clear the emergence of a strong civil to distract from the agenda of the when in fact Parliament can, and create a climate that is favourable in a world struggling to make 2 Ibid, Art 3 strengthen democracy. that democracy is a universal society has been observed. It promotion of democracy. From ought to lead from the front. The for international peace. As a peace with itself, one of the few 3 Ibid, Art 4

240 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 241 DEMOCRACIES IN DEMOCRACIES IN TRANSITION TRANSITION

DEMOCRACIES IN TRANSITION

A case study from Pakistan

Democratic systems of to the democratically elected The Senate, during the last governance thrive only when governments in the country. two and a half years, made countries entrust the power of The Senate of Pakistan has unprecedented endeavours election to the public through progressed in all directions internationalizing Pakistan’s free and fair means. History to strengthen democracy, vision and agenda of peace, and geography are key to parliament and international democracy, friendship, understanding difficulties in relations. To strengthen the cooperation and people’s dealing with the factors of House, the Senate invested welfare through various fora stabilizing democracy anywhere its focus on a number of like the United Nations, Inter around the world. initiatives for transparency in the Parliamentary Union (IPU), Ms Neelofur S. Pakistan has had its fair share Parliament. Commonwealth Parliamentary of upheavals before entering into Restoration of the majesty and Association (CPA), Asian influencing the direction of the Pakistan in coordination with the invitation of the Chairman of the Above and below left: The Hafeez is a Senior the realm of freedom, democracy transparency in Parliament was Parliamentary Assembly (APA), APA agendas for a strong Asia. CPA Headquarters Secretariat Senate of Pakistan, who also Secretary-General of the Research Fellow in the and parliamentary governance. one such initiative that conceded and others. Pakistan delegations The two-year Pakistan Presidency held a three-day Post-Election visited the CPA Headquarters Commonwealth Parliamentary Senate of Pakistan. As Pakistan’s democratic journey the centralised powers of the participated in around 60 (2013 – 2015) and subsequent Seminar on Parliamentary to cement institutional linkages Association, Mr Akbar Khan a career professional suffered continuous setbacks Chairman of the Senate and international events outside of proactive engagements Practice and Procedure for between the CPA and the visits the mural that has been that caused a drastic loss of devolved it to the House Business Pakistan during 2015 - 2017. transformed APA from a dormant the newly elected Senators Senate of Pakistan. As a result of created in Parliament in in the national civil political direction. From thereon, Advisory Committee (HBAC). During this time, at the regional to a proactive forum, shaping to enhance their knowledge these exchanges, the Senate of Pakistan called the ‘Gali-e- services, she has power-hoarding dictators This openness has created and global level, the Pakistan Asian integration and unification regarding the role of Parliaments, Pakistan hosted the CPA Staff Dastoor’ (Constitution alley) been involved at repeatedly disrupted Pakistan’s a new culture of transparency Senate was able to break for the common good of all. Parliamentarians and House Development Workshop for the that depicts political struggles the highest level in democratic evolution, leaving and accountability in the Senate diplomatic ice and stagnancy, The Senate of Pakistan’s business activities. CPA Asian Region in May 2016 and recent events. the federating units at the mercy of Pakistan. In addition to dispel negative vibes about collaboration and participation It is a matter of immense pride and later the same year, hosted national development, of the undue powers amassed various initiatives to improve the Pakistan’s security situation, and with the CPA has seen an that the CPA Secretary-General, the launch of the CPA Regional Transition and the challenges policy making, project in the centre, and particularly, House and its functioning, other reach out to even those nations unprecedented rise since 2015. Mr Akbar Khan, has visited Hot Topic Seminar series on they face’ under the CPA’s new management, research in their own office. Fortunately, efforts include the creation of in its immediate neighbourhood In May, 2015, the Senate of Pakistan twice at the special the subject of ‘Democracies in strategic plan which calls for the and international the coup of 1999 that ended in an in-house think tank called with whom Pakistan was having strengthening the association at 2008 has been the last of the the Senate Forum for Policy difficulties reaching through regional and international levels. diplomacy for successful military coups. Research; the establishment conventional diplomatic channels. Pakistan has bravely battled several years gaining The most significant moment of a user-friendly Public Apart from major against many odds that labelled experience of a wide in recent years was perhaps the Petitions Table; and a number of breakthroughs at forums like the it as a failed democracy over range of sustainable 18th Constitutional Amendment, informative publications for public UN, IPU and CPA, Pakistan also the years. It has emerged passed in 2010 that drastically consumption. Moreover a mural turned into one of the leading proving how mature and strong development issues. altered the course of Pakistan. has been etched in a Parliament nations at the APA forum. a nation it is in the face of She has a Masters The present Chairman of the corridor called the ‘Gali-e- The Asian Parliamentary external aggression, isolation in Business Studies Senate, Mian Raza Rabbani Dastoor’ (Constitution alley) that Assembly (APA) is a and terrorism. The struggle and in Education became the chief architect depicts the political struggle of parliamentary association of emphatically manifests the of the 18th Constitutional Pakistan amidst military regimes 42 countries, 16 Observer turbulent times infested with Management from Amendment that granted the and dictatorial suppression; and a Parliaments and 10 International internal and external crisis. King’s College London much-awaited autonomy to the Monument Wall in the Parliament Organizations. During all APA Pakistan seized the challenges in the United Kingdom. provinces. This was a crucial gardens that pays tribute to plenary and sub-forum meetings and continues to sail through step needed to strengthen the the unsung heroes who made held in Pakistan from December the democratic eras that bicameral legislative system, great sacrifices in Pakistan’s 2013 until March 2017, Pakistan have helped bring value to its thus providing governing security democratic journey. achieved a solid footing in international face.

242 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 243 PARLIAMENTARY PARLIAMENTARY INDEPENDENCE AND THE INDEPENDENCE AND THE SEPARATION OF POWERS SEPARATION OF POWERS

between the three branches of government. The objective of PARLIAMENTARY INDEPENDENCE the principles is to provide, in accordance with the laws and customs of each Commonwealth AND THE SEPARATION OF POWERS country, an effective framework for the implementation by governments, parliaments and An analysis of the Commonwealth Latimer House Principles judiciaries of the Commonwealth’s fundamental values. The Principles state that: Much of the discussion on the elected government, are its continuation have remained “Each Commonwealth country’s ‘independence of parliament’ has prevented from occurring. steadfast and strong. The parliaments, executives and focused on the importance of The three branches of separation of powers, which judiciaries are the guarantors in the separation of the legislature, government - the legislature, has been maintained between their respective spheres of the executive and judiciary. This is executive and judiciary - act as the legislature, executive and rule of law, the promotion and to limit the arbitrary excesses separate checks and balances on judiciary, has undoubtedly played protection of fundamental human of executive power to protect each other to prevent one branch a significant role in preserving rights and the entrenchment of our democratic systems. Where of government overreaching its our Westminster democracies. good governance based on the did this notion come from and power or infringing on the rights highest standards of honesty, why has it been so staunchly of citizens. In the Westminster Commonwealth Latimer probity and accountability.”3 Jon Breukel is preserved within our Westminster system, these checks and House Principles The Principles play an Coordinator of Research system of government? balances exist between the In June 1998, a group of important role in defining how To answer this, one must executive and legislature. For distinguished Parliamentarians, the legislature can hold the opposition Member; and, budgetary requirements the mercy of executive financial and Inquiries at the understand the importance of example, Ministers are subject judges, lawyers and legal executive to account. Executive • offices of the Ombudsman, unconstrained by the initiative. The establishment of Parliamentary Library good governance and the key to the scrutiny of Members of academics joined together accountability is described in the Human Rights Commissions Executive, save for budgetary parliamentary corporate bodies and Information Service political theories surrounding Parliament and the opposition, at Latimer House in Commonwealth Latimer House and Access to Information constraints dictated by (PCB) - similar to the House of 5 at the Parliament of the separation of powers: the and the executive is not always Buckinghamshire, England, at Principles, in that parliamentary Commissioners should report national circumstances. Commons Commission, Scottish independence of the executive, able to control both Houses of a Colloquium on Parliamentary procedures should provide regularly to Parliament.4 This final action reinforces Parliamentary Corporate Body Victoria in Australia, legislature and judiciary in Parliament. Sovereignty and Judicial adequate mechanisms to In July 2008, an important the importance of parliaments (SPCB), Canadian Board of where he has provided Westminster systems; the To protect and preserve Independence within the enforce the accountability of the follow-up to the Commonwealth managing and controlling their own Internal Economy and Australian extensive research to Commonwealth Latimer House the democratic system, the Commonwealth. The Colloquium executive to parliament. These Latimer House Principles came fiscal arrangements and opens the Capital Territory’s Office of the Members for 27 years. Principles; and parliament’s three branches of government endorsed what is known as the should include: in the form of the Edinburgh door to parliaments introducing their Legislative Assembly - can play an fundamental role of holding the must remain separate and Commonwealth Latimer House • a Committee structure Plan of Action, which sought to own Appropriation Bill, rather than integral role, not only in determining He also coordinates the executive to account. independent and be respected Principles on Parliamentary appropriate to the size of give more practical guidance having their appropriation presented and managing the parliamentary Parliamentary Internship Modern democratic systems of for their independent status. Any Supremacy and Judicial parliament, adequately and meaning to the Principles. to them by the executive. budget, but also in drafting the Program, involving government are based on several incursions of power by one body Independence.1 resourced and with the The Edinburgh Plan included Both the Commonwealth parliamentary Appropriation Bill, assigning university essential elements: representative over another diminishes the fabric After substantial debate by power to summon witnesses, a significant resolution Latimer House Principles outside of executive control. government; rule of the majority; of democracy. An independent Commonwealth law ministers, including Ministers. on the Independence of and Edinburgh Plan of Action This system could also include interns to Members, as free and fair elections; citizen parliament is considered a legal experts and judges, the Governments should be Parliamentarians, which called are extremely important in associated parliamentary bodies well as the Parliamentary participation; protection of human necessity for the protection Principles were endorsed by required to announce for the following actions: upholding the independence that are sometimes funded by Fellowship Program, rights and minorities; rule of law; of democracy, just as an Commonwealth Heads of publicly, within a defined time “Parliamentarians must be of parliament. They provide a the executive rather than the in which academics and the separation of powers - a independent judiciary is needed to Government in 2003, who period, their responses to able to carry out their legislative set of specific guidelines, which parliament, such as Independent system whereby checks and apply a check upon the powers of recognised a balance of Committee reports; and constitutional functions in allow Westminster governments Officers of Parliament and the undertake research on balances are in place to ensure the executive and the legislature. power between the executive, • Standing Orders should accordance with the Constitution, to function effectively and Office of the Opposition.6 topical issues, delivering that power is not vested in any What is remarkable is that legislative and judiciary as provide appropriate free from unlawful interference.” responsibly. Importantly, the The Commonwealth their report to Members single person, institution or branch the Westminster system of being an integral part of the opportunities for Members Action: principles set in place mechanisms Parliamentary Association and at a parliamentary of government. parliamentary democracy, Commonwealth’s fundamental to question Ministers and • Remuneration packages of accountability that are an the World Bank Institute (CPA/ To guarantee this balance, it which has existed for hundreds political values. full debate on legislative for Parliamentarians should attempt to ensure that no branch WBI) Report in 2005 found seminar. He was lead is essential that the parliament or of years, has remained so The Commonwealth Latimer proposals; be determined by an of government can dominate or evidence that the establishment author in a recent paper legislature remains independent resilient in the face of a rapidly House Principles are a set • the Public Accounts should independent process; apply disproportionate pressure of such PCBs to improve on the Independence of and does not become a tool or changing world. This system of ‘agreed Commonwealth be independently audited • Parliamentarians should have within the governance system. the resourcing and financial Parliament. appendage controlled by the of government has survived of Nations principles on the by the Auditor-General, who equitable access to resources management of parliaments government. Through a proper revolutions, a gunpowder plot, accountability of, and relationship is responsible to and must commensurate with their Parliamentary corporate enhanced their independence separation of powers, abuses hung parliaments, executive between, the three branches of report directly to Parliament; responsibilities; and, bodies from the executive.7 of power, such as tyranny or dismissals and a host of other government’.2 They underline • the Chair of the Public • Parliaments should have Many Parliaments have The CPA/WBI Report made oppression experienced under a threats, and yet the essential the fundamental values that Accounts Committee control of and authority to constitutional or legislative the following recommendations: dictatorship or undemocratically elements that have ensured should govern the relationship should normally be an determine and secure their constraints and are effectively at • Parliaments should, either

244 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 245 PARLIAMENTARY THE ROLE AND RESPONSIBILITIES INDEPENDENCE AND THE OF THE GOVERNOR OF A STATE SEPARATION OF POWERS IN INDIA

by legislation or resolution, outputs from Parliament, appropriation has been 3 ibid., p. 41. establish corporate was acting inappropriately passed by both Houses and 4 J. Hatchard & P. Slinn (1999) bodies responsible for as this was contrary to the assented to as law.10 Parliamentary Supremacy and Judicial THE ROLE AND RESPONSIBILITIES OF THE providing services and Westminster principle of the This situation reflected in Independence: A Commonwealth funding entitlements for separation of powers; Victoria is not an isolated one. Approach, London, Cavendish Publishing parliamentary purposes and • Parliament was being forced Many Westminster parliaments Limited, p. 24. GOVERNOR OF A STATE IN INDIA providing for governance of to fit into the state funding have found that their funding 5 Commonwealth Parliamentary the parliamentary service; model and its proxy output has been at the expense of a Association (2009) Commonwealth • There should be an measures were unrelated growing imbalance between the (Latimer House) principles on the three The curious case of the Arunachal Pradesh Legislative Assembly unambiguous relationship to the core business of parliament and the executive.11 branches of government, p. 42. between the Speaker, the Parliament (making the law); The Commonwealth Latimer 6 This is currently the case at the corporate body and the head • section 40 of the Financial House Principles, which were Parliament of Victoria, Australia, where its of the parliamentary service; Management Act (FMA) endorsed by nations, including Independent Officers of Parliament and The role of the Governors of the The legislative powers of Governor of Assam determines the • Members of corporate bodies requires the Treasurer to Australia in 2003, were initiated Office of the Opposition are all funded by States in India has been a matter the Governor broadly comprise amount payable by the State to the should act on behalf of all prepare annual budget and agreed to by the executive the Executive – see J. Breukel et al (2017) of public discourse and debate as summoning, proroguing and District Council as royalty accruing Members of the Legislature estimates in estimation of arms of governments. These Independence of Parliament, Melbourne, well as judicial scrutiny in recent dissolving the State legislature as from licences for minerals. Further, and not on a partisan or the annual appropriation Principles, among other things, Parliament of Victoria, pp 19–29, 38–39. times. The exercise of discretionary well as right to address and send the Governor discharges certain governmental basis; Bills, but separate budget formally set down the notion that 7 Commonwealth Parliamentary powers by the Governors to invite messages to the State legislature. special responsibilities in the States • The corporate body should papers are never tabled for a PCB, an all-party committee Association (2005) Administration and the leader of a political party, The Governor can also promulgate of Maharashtra, Gujarat, Nagaland, determine the range and the Parliamentary Budget; of parliament, should review and financing of parliament, London, CPA. particularly when none of the ordinances (temporary legislation Manipur, Sikkim and Karnataka. standards of service to be • the Treasury had no administer parliament’s budget 8 ibid., p. 13. parties represented in the State by the executive in special In the discharge of such special provided to Parliament, e.g. regard for the fact that the and should not be subject to 9 B. Atkinson (2012) Parliament: Assembly enjoys a clear majority, circumstances) as well as reserve responsibilities, the Governor has accommodation, staff, financial Appropriation (Parliament) amendment by the executive. A law unto itself – Achieving financial has been in the eye of the storm. a Bill for the consideration of the to act according to the directions and research services; Bill was a separate Bill for independence for parliament, 43rd Vivek K. It happened in quick succession President. issued by the President from time • Corporate bodies should constitutional reasons; This paper is based on a longer Conference of Presiding Officers and Agnihotri is a in the States of Goa, Manipur and Their judicial powers consist of to time, and subject thereto, they promote responsible • parliamentary departments research paper published by the Clerks, Honiara, Solomon Islands, July former Secretary- Bihar during 2017. However, it granting pardons, reprieves, respite are to act ‘at their discretion’. governance that balances are not government service Parliament of Victoria in May 2017, 2012, p.4. was in Arunachal Pradesh during or remission of punishments or to That brings into focus the the unique needs of delivery departments, titled, Independence of Parliament. To 10 Public Accounts and Estimates General, Rajya Sabha, 2015-16 that the Governor did not suspend, remit or commute the exercise of so-called discretionary Parliament with general yet they are treated in access this paper please visit http:// Committee (2016) Attachment 1: Parliament of India. quite cover himself with glory. sentence of any person. They are powers of the Governor in practice. legal requirements, e.g. the same manner - for apo.org.au/node/90326. Parliamentary departments, answers According to the Constitution also consulted by the President Most importantly, in case there is employment law, freedom of example, Section 29 of supplied to questions taken on notice at The article reflects the personal of India, the executive power of of India in the appointment of the no clear majority in the Legislative information and occupational the FMA is not applicable References: PAEC hearings, Parliament of Victoria, views of the author. the State is vested in the office Chief Justice and the judges of the Assembly, the Governor is required health and safety.8 to the parliamentary 1 Commonwealth Parliamentary July, pp. 4–8. of the Governor. The Governor is High Court. Unlike the President, to exercise their discretion in departments as these Association (2009) Commonwealth 11 S. Prasser (2012) ‘Executive growth not elected but appointed by the the Governor has no emergency inviting a party or a group of Parliamentary financial are not departments (Latimer House) principles on the three and the takeover of Australian parliaments’, President of India on the advice of powers; however, they can make a parties to form the government. independence within the meaning of the branches of government. Australasian Parliamentary Review, 27(1), the Prime Minister. The Governor report to the President whenever Normally, they are expected to Westminster Parliaments must be Public Administration Act 2 ibid., p. 10. p. 48. holds their office at the pleasure they are satisfied that a situation invite the party which has obtained wary of governments wielding too 2004 - as parliamentary of the President. The standard has arisen in which the government the largest number of seats in the much control over parliamentary departments are statutorily tenure of a Governor is five years. of the State cannot be carried out in Assembly to form the government. funding. One need only look prescribed departments of Normally, there is one Governor accordance with the provisions of But, as mentioned above, on at the Parliament of Victoria in the Parliament; for each of the 29 States of India; the Constitution. three occasions recently, the Australia, which currently has • section 3 of the however, occasionally a Governor It must, however, be noted that Governor gave an opportunity to a funding model described by Appropriation (Parliament) may be given charge of more than several of their powers cannot be a coalition or alliance of parties to the President of the Legislative Bill states, ‘The Treasurer one State. exercised unilaterally since, in terms form the government and prove Council, Hon. Bruce Atkinson, may issue out of The powers of the Governor of the provisions of the Constitution, their majority, which they did. MLC, as being “radically unsuited Consolidated fund in have been well defined in the in most cases, the Governor is This leads us to the logic behind to the funding of a separate and respect of the financial year Constitution of India. Their required to perform their functions the exercise of the discretionary equal democratic institution.”9 2016–17 the sum of …’, executive powers include power in consonance with the advice of power of the Governor to invite a In July 2016, the President the use of the word ‘may’ is to appoint the Council of Ministers, the Council of Minister, except in party or a group of parties to form and Speaker of the Parliament frequently taken to mean including the Chief Minister; circumstances wherein they are the government. It all boils down to of Victoria, delivered their that the allocation of the the Advocate General; and the required to exercise their functions formation of a stable government, strongest rebuke of the Victorian amount appropriated is Members of the State Public at their discretion. a government which will last. In all Parliament’s funding model to the entirely at the Treasurer’s Service Commission. The Governor In respect of certain States, the three instances cited above, Public Accounts and Estimates discretion ‘up to’ the amount also nominates members of Anglo- the Governor exercises certain the discretion exercised by the Committee’s Inquiry into the specified. This has led Indian community to the Legislative additional discretionary functions. Governor to invite a group of 2016–17 Budget Estimates. to circumstances where Assembly and certain members to Thus, for example, according to parties to form the government Some of their criticisms were that: Parliament’s funding has the Legislative Council in States para 9 (2) of the 6th Schedule has result in the formation of a • the Executive, by purchasing been reduced after the which have bicameral legislature. of the Constitution of India, the stable government so far.

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The case of Arunachal of India. The root cause of the or revoked the dates of the Session observed that it does appear that 208 of the Constitution. Pradesh problem was, of course, the of the Assembly earlier decided the Governor acted unilaterally The Supreme Court, therefore, Actually, the situation was not manner in which the Governor of upon by him in consultation with the in issuing the modification order came to the conclusion that: unique. The constitutional experts the State unilaterally undertook to Speaker and the Chief Minister. dated 9 December 2015 and did “The order of the Governor dated and observers of the Indian assume the power to summon the On 14 December, the not consult either the Chief Minister 9 December 2015 is violative polity had a sense of déjà vu. Legislative Assembly earlier than Council of Ministers met and or the Speaker. The Governor of Article 163 read with Article Since the Constitution of India the date already fixed following the inter alia recorded that the order also ignored the resolution of the 174 of the Constitution of came into operation in 1950, the prescribed procedure. It ultimately dated 9 December issued by Council of Ministers adopted on 14 India and as such is liable to be President of India has assumed led to the historic judgment (in His Excellency the Governor December 2015. quashed. All steps and decisions the functions of the State the case of Nabam Rebia and of Arunachal Pradesh was in The Court has further observed, taken by the Arunachal Pradesh Governments (President’s Rule) Bamang Felix vs. Deputy Speaker contradiction of Article 174 read that though summoning the Legislative Assembly, pursuant more than 120 times (50 times and others, dated 13th July 2016) with Article 163 of the Constitution Legislative Assembly might be an to the Governor’s message during the Prime Ministership of a five-judge constitutional of India and Rule 3 and 3A of the executive function of the Governor, dated 9 December 2015 are of Indira Gandhi alone). So why bench of the Supreme Court to Rules of Procedure and Conduct that function can, however, be unsustainable.” It accordingly worry about Arunachal Pradesh or turn the clock back and declare all of Business of Arunachal Pradesh exercised by him only after such ordered that: “The status quo ante Uttarakhand for that matter? the happenings in the State polity Legislative Assembly. The Cabinet a proposal is seen by the Chief as it prevailed on 15 December But what was interesting and unconstitutional, starting with the resolved to advise the Governor to Minister and sent to the Governor. 2015 is ordered to be restored.” perhaps a little unprecedented in first step of advancing the date for recall and cancel the Order dated The Chief Minister, in turn, can In totality, the Judgment of

recent memory was the fact that the summoning of the Legislative 9 December 2015. The Speaker make a proposal to the Governor the Supreme Court decreed Image Editorial credit: Gypsytwitcher / Shutterstock.com three states were placed under Assembly by the Governor of too reportedly urged the Governor for summoning the Legislative the following propositions: (1) the President’s Rule during the Arunachal Pradesh. through a communication dated 14 Assembly only in consultation with the Governor has no power to invite the leader of party with the his majority on the floor of the Zeiliang as the Chief Minister. On first quarter of the year 2016. For a better understanding of December to uphold and preserve the Speaker, who is, in a sense, the unilaterally summon an Assembly maximum number of Members house (popularly known as the Friday 21 July, Zeiliang won the First was Jammu and Kashmir the saga of Arunachal Pradesh, the sanctity of the constitutional master of the House. In other words, Session unless the government in the House to form the ‘floor test’) after his predecessor trust vote securing 47 (including 36 in the unfortunate context of the let us take a look at the bare framework and let the House the Governor has no independent has, in their view, lost its majority; government. In the case of Goa T. R. Zeiliang staked claim to form of the ruling Naga People’s Front) death of a serving Chief Minister; chronology of events. On 3 function as per its original schedule discretion or authority to summon (2) the Governor cannot take and Manipur, the second largest the government on the basis of the 59 votes of the House. The then came the ill-fated case of November 2015, in accordance without any undue interference. the Legislative Assembly in terms of steps related to disqualification party approached the Governor of alleged support of 41 MLAs exercise of his discretionary powers Arunachal Pradesh; and finally with the advice of the then Chief Inaction on the part of the the Rules of Procedure and Conduct of the Speaker; (3) the Governor with a list of Legislative Assembly in a 60 Member house (one of by the Governor of Nagaland thus it was Uttarakhand, just a day Minister of Arunachal Pradesh Governor on these requests led to of Business in Arunachal Pradesh has no authority to interfere in the Members from a group of parties, the seats of which was vacant). stood vindicated. before the floor test to decide the (Nabam Tuki), and in consultation the shutdown of the Legislature at Legislative Assembly framed under Speaker’s powers under the anti- which added up to a majority; and Events have moved thick and fate of the State government was with the Speaker of the Legislative the behest of the Chief Minister and Article 208 of the Constitution. defection law; and (4) a Speaker the Governor invited the leader fast in Nagaland during 2017. References scheduled to take place. According Assembly, the Governor issued an the Speaker, who, in the meanwhile Article 371-H of the Constitution, facing a motion for his own removal of that coalition to prove his In February 2017, Liezietsu • Basu, Dr. Durga Das (2013) Introduction to to the Constitution of India (article order whereby, in terms of Article on 15 December 2015, disqualified under the misconception of which cannot exercise their powers under majority and he did. In the Case of (not a Member of the Nagaland the Constitution of India. Gurgaon: LexixNexis. 356), the President (in actual 174 (1) of the Constitution of 14 of the 21 dissenting Congress the Governor mistakenly acted, the disqualification law (the Tenth Bihar, the existing ruling coalition Assembly then) had taken over • Chaube, Shibani Kinkar (2010) practice the Union Government) India, the Legislative Assembly MLAs. On 16 December, the 21 provides for the Governor exercising Schedule of the Constitution). broke up. The Chief Minister, as Chief Minister after Zeiliang The Making and Working of the Indian can assume all the functions of the was summoned to meet from 14 Congress dissidents, 11 BJP MLAs ‘his individual judgment’ in discharge The judgment, however, raises who belonged to a party which resigned following violent protests Constitution. New Delhi: National Book Trust. Government of the State if they are to 18 January 2016. and 2 independent MLAs met in of his functions but it is limited to serious issues relating to the had less Members than another over 33% quota for women in civic • Fadia, Prof. B. L. and Dr. Kuldeep satisfied that the Government of On 19 November, notice of a a special session of the Assembly issues of law and order only. doctrines of separation of powers coalition partner, resigned and election. However, Liezietsu was Fadia (2013) Indian Administration. Agra: the State cannot be carried out in motion for removal of the Speaker at a hotel and voted to remove the Rule 3 of the Rules of as well as checks and balances then presented the Governor with accused of ‘nepotism’ when he Sahitya Bhawan. accordance with the provisions of was received in the Secretariat of Speaker. On 17 December, the Procedure aforementioned against the backdrop of the another configuration of coalition appointed his son as an advisor • Government of India (2014) The the Constitution. the Legislative Assembly. A copy leader of the dissenting congress clearly provides that the Chief scheme for them prescribed in the partners for the formation of the with cabinet rank. Constitution of India. New Delhi: Ministry of As far as Arunachal Pradesh of this motion was made available MLAs (Kalikho Pul) was elected as Minister shall, in consultation Constitution of India. It appears government. The Governor did On 8 July 2017, Zeiliang Law and Justice (Legislative Department). is concerned, looking at the entire to the Governor by the signatories the Chief Minister. with the Speaker, fix the date of to be based on the assumption not consider it necessary to give wrote to the Governor to invite • Kashyap, Subhash C. ((2010) Our Political series of developments over a with a request to advance the On 5 January, the Gauhati commencement and the duration that the power of judicial review is an opportunity to the party with him to form the government since, System. New Delhi: National Book Trust. period of about three months date of the Session. By an order High Court stayed the decision of of the Session, and advise the all-pervasive, irrespective of what the largest number of Members in according to him, most of the • Khosla, Madhav (2012) The Indian from December 2015 to February issued on 9 December 2015, the the Speaker disqualifying certain Governor for summoning the the Constitution actually provides. the Legislative Assembly to form Legislators wanted Liezietsu to Constitution. New Delhi: Oxford University Press. 2016, there were three major earlier order dated 3 November Congress MLAs. On 26 January Assembly under Article 174 of The last word in this episode has the government. He agreed to the resign. The Governor then asked • Krishnaswamy, Sudhir and Gaurav questionable decisions taken by was modified by the Governor 2016, the Arunachal Pradesh the Constitution. It is obvious that perhaps not yet been written. request of the out-going Chief Liezietsu to prove his majority in Mukherjee (2016) The SC must end partisan different authorities. First and on the ground inter alia of his government was dismissed and the Governor can summon the Minister and invited him to form the the Assembly before Saturday federalism. The Hindu dated 10 February 2016. foremost was the preponement of constitutional obligation to ensure President’s Rule was imposed. On Assembly only if the Chief Minister Recent examples government, albeit with a different 15 July. Liezietsu challenged the • Sengupta, Arghya (2016) Governing the the sixth Session of the Legislative that the motion for removal of the 19 February, the President’s Rule (in consultation with the Speaker) Three times in the course of set of partners since their numbers order of the Governor before the Governor. The Hindu dated 21 July 2016. Assembly by the Governor. Then Speaker is expeditiously placed was revoked and Kalikho Pul was so advises him. The discretion 2017, the Governors of different added up to a majority. This time Kohima Bench of Guwahati High • Supreme Court India’s Judgment [In Civil came the disqualification of before the Legislative Assembly. sworn in as Chief Minister on 20 thus given to the Governor in states were called upon to too the person invited to form the Court, upon which the Court stayed Appeal Nos. 6203-6204 OF 2016 (Arising out of certain members of the Legislative The order modified the date ‘14 February. On 25 February, he won respect of their relations with the exercise their discretion in inviting government was able to prove their the Governor’s order. In its verdict SLP(C) Nos. 1259-1260 of 2016)] (dated 13 July Assembly by the Speaker, who January’ to read ‘16 December’ and the vote of confidence. (He was Legislative Assembly is not only one of the two claimants to form majority on the floor of the House. pronounced on Tuesday 18 July, 2016) Nabam Rebia and Bamang Felix vs. Deputy himself was facing a motion for ‘18 January’ to read ‘18 December’. later found dead on 9 August 2016 circumscribed by the Constitution the government and to prove their In July 2017, the Governor of the Court dismissed the petition Speaker and others. New Delhi: First Post. his removal. And finally there was Effectively, the Governor not only under mysterious circumstances.) per se but also by the Rules majority on the floor of the House. Nagaland exercised his discretion of Liezietsu for failing to turn up • Universal’s (2016) The Constitution of the imposition of the so-called modified the dates of the meeting The Supreme Court, in its of Procedure framed by the On all these occasions, the in directing the Chief Minister, Dr. in the Assembly to face the floor India. New Delhi: Universal Law Publishing. President’s Rule by the President of the Assembly but also cancelled judgment dated 13 July 2016, has Legislative Assembly under Article Governors did not mechanically Shurhozelie Liezietsu, to prove test, while the Governor appointed

248 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 249 Parliamentary UNITED KINGDOM UK POST-ELECTION LEGISLATION Legislation following the was introduced before UK be made with no parliamentary take the UK into unchartered Report election Parliamentarians departed for procedure at all during a constitutional waters. NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS The early general election their summer recess. The ‘Great limited to a one month period. and the unexpected loss of Repeal’ Bill, now progressing Most changes will be through Parliamentary dress the governing Conservative under the more formal title of statutory instruments which, The State Opening of party’s majority has meant the EU (Withdrawal) Bill, was under the mechanism proposed Parliament this year took place only a handful of sitting days introduced on 13 July. in the Bill, will only be debated if with ‘reduced ceremonial since the last issue of The In the Queen’s Speech a specific objection is lodged. elements’. This was due to Parliamentarian in June 2017. debate, the Secretary of State for Even before the Bill’s a clash – which was known Following the election, the Department for Exiting the introduction, Rt Hon. Sir Kier before the election - with the the re-opening of Parliament EU, Rt Hon. David Davies, MP Starmer, MP, the Shadow Queens’ Birthday Parade which and the Queen’s Speech said: “Nothing is more central Secretary of State for Exiting meant the Household Cavalry was delayed by prolonged to this than the so-called Great the EU warned that his party were not able to support both negotiations to allow the Prime Repeal Bill. The principle is could not support a Bill which events. For only the second Minister to command a majority straightforward: it is to repeal the contained “sweeping powers time in her reign, Her Majesty in the House of Commons. The European Communities Act 1972 for the Executive, with no The Queen attended the State THIRD READINGS Parliamentary archives quickly and to transfer existing European enhanced safeguards.” It Opening in day dress and the scotched rumors that the delay Union law into UK law.” remains to be seen whether crown travelled in a car and was exacerbated by the need to As indicated by the these clauses will make it was carried rather than worn. New Zealand write the speech on vellum. Secretary of State, the through both Houses of Meanwhile in the House of Page 252 On 27 June, details emerged primary purpose of the Bill is Parliament intact. Commons itself, whose Clerks of a ‘confidence and supply’ to: (1) repeal the European have agreed to dispense with Québec, Canada agreement between the Communities Act 1972 which Devolved governments’ full court dress, the Speaker Conservative Party and the brought into effect the UK’s views of the House of Commons, Page 256 Democratic Unionist Party of membership of the EU; (2) The devolved governments Rt Hon. John Bercow, MP, Northern Ireland. Under this bring EU law as it stands on of the United Kingdom relaxed the dress code for Australia Federal agreement the DUP’s 10 MPs the day of EU withdrawal on to expressed their deep male MPs. Mr Speaker stated will support the government the UK statute book; and (3) to unhappiness with what they that he considered he had the Page 264 on a range of issues including modify and give Ministers the saw as a failure to devolved discretion to decide what was confidence motions, the power to modify that retained repatriated powers. In a joint seemly and proper and that India Queen’s Speech and legislation law. statement, the First Ministers ties were not a pre-requisite Page 268 relating to Brexit. In return, of Scotland and Wales, Rt to being called upon by the £1 billion in extra support for ‘Henry VIII’ powers Hon. Nicola Sturgeon, Speaker to speak in the Northern Ireland will be made The Great Repeal Bill almost MSP and Rt Hon. Carwyn House: “it seems to me that available over the next two years. immediately attracted Jones, AM stated that the as long as a Member arrives When Her Majesty The controversy due to the Bill: “does not return powers in the House in what might be Queen made the journey to extensive powers that the Bill from the EU to the devolved thought to be business-like Parliament for the delayed State gives the Executive to change administrations, as promised. attire, the question of whether With thanks to our Opening of Parliament, she primary legislation through It returns them solely to the UK that Member is wearing a tie is Parliamentary Report and Third Reading contributors: announced 27 new Bills for this secondary or delegated Government and Parliament, not absolutely front and centre Stephen Boyd (Federal session of Parliament. Eight of legislation. These are known and imposes new restrictions stage.” Parliament of Australia); UNITED KINGDOM NEW ZEALAND CANADA these Bills are to address the as ‘Henry VIII’ clauses after the on the Scottish Parliament and Whilst Hon. Peter Bone, Ravindra Garimella (Parliament legislative challenges posed former monarch’s fondness National Assembly for Wales… MP suggested that the ruling of India); Dr Jayadev Sahu UK post-election McGee Parliamentary Parliamentary reports from the by the UK’s withdrawal from for changing the law by On that basis, the Scottish and would reduce the “esteem (Parliament of India); Michael Dewing (Federal Parliament legislation Practice launched Canadian Federal Parliament the EU. To allow additional proclamation. The Government Welsh Governments cannot of parliament”, Hon. Jared of Canada); Luke Harris Page 251 Page 252 Page 254 time to address this, described argues that these powers recommend that legislative O’Mara, the new MP for (Parliament of New Zealand); by some as the UK’s largest are necessary to correct consent is given to the Bill as it Sheffield Hallam, was one of Ayeesha Waller (Parliament of peacetime challenge, the deficiencies and prevent currently stands.” those helped by the move. Mr the United Kingdom); André Government announced a statutory lacuna. Whilst legislative consent O’Mara has cerebral palsy and Grenier (National Assembly of Québec), Tom Duncan AUSTRALIA AUSTRALIA INDIA double (two year) session of the Critics are concerned that of the devolved institutions to in an interview shortly after the (Legislative Assembly of Legislative news from Prime Minister in India elects its President UK Parliament. changes will be made with relevant law is a convention election explained that due Australian Capital Territory and Australian States & Territories damage control little or no opportunity for and not a legal requirement, for to the weakness in his right Regional Secretary for CPA The ‘Great Repeal’ Bill parliamentary scrutiny. At the the UK Parliament to override side he “can’t wear a shirt and Australia Region). Page 258 Page 262 Page 266 Only one of the eight ‘Brexit’ most extreme, the Bill contains it would be unprecedented and tie because I can’t do up the Bills in the Queen’s Speech provision for some changes to buttons.”

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MCGEE PARLIAMENTARY PRACTICE LAUNCHED THIRD READING: NEW ZEALAND Launch of 4th edition of McGee Also reflective of the time, this conduct and the use of pathways and scenario On 23 May 2017, the 4th edition edition is the first to be available extended sittings. analysis. The report, Net Zero It establishes a new law that will govern and we see that the upstream actors are responsible cares for some of our most vulnerable people, of Parliamentary Practice in as an e-book. It is hoped this in New Zealand, was released regulate the launching of space objects such as for 5% of that economy, satellite operators 10% helping them to live with dignity and with as New Zealand was launched. will facilitate quick browsing and GLOBE New Zealand report in March 2017. The report rockets and satellites, as well as other activities of the space economy, and the companies that much independence as possible.” Affectionately known as searching, and offer the ability debated in the House had nine recommendations such as the use of high-altitude balloons. actually utilise space communications are 85% The stages of the Bill were passed through “McGee”, Parliamentary to incorporate amendments at GLOBE New Zealand is a and concluded that net zero The Minister in charge of the Bill, Hon. Simon of the space economy.” very quickly, as the Act had to come into force Practice in New Zealand is the more regular intervals. cross-party working group emissions can only be achieved Bridges, MP (National), described the Bill as “a The Bill passed its third reading on 4 July and be operable from 1 July, the start of the owner’s manual and definitive As noted by the current of 35 MPs. Chaired by Green in 2100 by altering land use very significant and exciting piece of legislation. 2017 with unanimous support. next financial year for the Government. The Bill’s work for all things procedural in Clerk, David Wilson, “Capturing MP, Dr Kennedy Graham, it patterns and adopting new It creates opportunities for New Zealand to be introduction, first reading, and referral to Select the New Zealand Parliament. the changes in how Parliament is the New Zealand Chapter technologies. part of a global space economy that will generate Care and Support Workers (Pay Equity) Committee were carried out under urgency. The first three editions were works is vital. It’s really for the Global Legislators On 13 April, the House held real economic benefits for New Zealanders. Settlement Bill The Select Committee process was shortened written by former Clerk of the important to provide the best Organisation for a Balanced a special debate to discuss The Bill captured the imagination of Members of The Care and Support Workers (Pay Equity) and the Health Committee presented its House, David McGee in 1985, advice to MPs about up to date Environment, encouraging the report, arrangements for Parliament. We heard about the possibilities that Settlement Bill passed its third reading with recommended amendments as a supplementary 1994 and 2005 respectively. practice, and give the public the implementation of laws which were made through a New Zealand-based space industry will create, unanimous support on 8 June 2017, raising order paper, tabled in the House by the Minister Incredibly, the first edition was access to that information to in pursuit of sustainable the Business Committee. such as high-value jobs, exciting career paths, and the wages of an estimated 55,000 care and of Health. The Bill was introduced on 25 May, written by hand. The latest help them interact with the development. Dr Graham acknowledged a more diversified economy.” support workers in New Zealand’s aged was reported back from the Select Committee version was edited by former House and Select Committees.” In response to New the report reflects an Hon. David Parker, MP (Labour) and disability residential care and home and on 6 June, and had its third reading on 8 June, Clerk of the House, Mary Harris, In particular the new edition Zealand’s ratification of the unprecedented level of cross- explained that according to Venture community support services by between 15 obtaining Royal assent 6 days later. Several and current Clerk of the House, reflects the changes brought Paris Agreement, GLOBE New party collaboration and hopes Southland, a space tracking station south and 50% over the next 5 years. The estimated Members acknowledged the hard work of David Wilson, and was typed on by the Parliamentary Privilege Zealand commissioned a report the report will help clarify the of Invercargill, co-funded by the European cost of this increase will be $2 billion, with officials that contributed to this expedited process. a computer, being 2017. Act 2014, changes in committee into long-term low emission debate around climate change. Space Agency, “if New Zealand is going to be workers’ pay increasing to between $19 and Many speakers praised the collegial cross- regulating this space, we have to make it clear $27 per hour from 1 July this year. party approach to the legislation. At its third to people that our intentions are peaceful … The settlement originates from a pay equity reading, Iain Lees-Galloway, MP (Labour) We are not trying to increase armaments out claim in 2012 under the Equal Pay Act 1972 said: “The unions, the employers, and the Taxation (Budget Measures: Family amount of an increase, on the vague promise would come to about $900 million. There is an in outer space. We are not intending to put by the then Service and Food Workers Union Government got around a table. A settlement Incomes Package) Bill that after the election, at some point, at some additional billion dollars … which would have been into space things that could shoot down other on behalf of care worker Kristine Bartlett. was reached, and now this House is enacting The Taxation (Budget Measures: Family time, should they be in a position to do something much better spent not on tax cuts but, actually, on satellites. Our objectives are entirely peaceful.” A settlement was agreed between the that settlement with legislation. That is a Incomes Package) Bill was a central piece of better, they might do something better.” supporting the Working for Families changes.” Stuart Nash, MP (Labour) discussed the Crown, Crown agencies and relevant unions fantastic model. It is the model that has been legislation arising from the Budget 2017. The All parties agreed with the bulk of the Mr Brett Hudson, MP (National) anticipated effects of the Bill, stating: “This in 2017, establishing a matrix of pay rates used to solve this claim, but it is absolutely Bill, passed under urgency, sought to simplify changes to the family tax credit. Mr Grant defended rate adjustment as being distinct will redefine space. It will redefine how data is linked to qualifications. The parties agreed a model that could be used to solve low pay the tax system, improve incomes for those Robertson, MP (Labour) said: “All New from a traditional tax cut: “If you change the transmitted. Our kids - or our grandkids, anyway; that elements of the settlement would be across a number of sectors in the future.” with young children, and incentivise work by Zealanders understand that people on modest rate … then those on even higher incomes some of our great-grandkids - will not believe legislated, resulting in this Bill. Hon. Michael Woodhouse, MP (National), increasing and aligning the family tax credit incomes with one, two, three, four children are would receive even more back into their hands. that there were points in time where we did not The proceedings claimed that there in the Bill’s third reading, concluded: “this is across previous age categories, repealing doing it tough at the moment. They have seen But under changes to a threshold, someone have mobile coverage. They will not believe that was historic and systemic undervaluation a very important milestone on the journey. the independent tax credit, and adjusting tax their rents go up. They have seen their cost of receiving $52,000 will get $20 a week extra, you used to go to the top of a hill and wave your of care and support work because it was We have got a long way to go to achieve the thresholds. The Bill received broad support, living go up … They are finding it hard to make and someone who receives any amount more mobile phone around to try to get reception …” predominantly performed by women. outcome we all want, which is equity without including from two parties that opposed the ends meet, and we, as a Parliament, at a time than that … still only gets the same $20 a Gareth Hughes, MP (Green) discussed the As Ms Poto Williams, MP (Labour) said bias, without discrimination. I am confident that Budget: the Green Party and New Zealand First. when the Government is running large surpluses, week extra in their hand.” management of waste in space, stating: “an area in the Bill’s first reading: “care and support we are going to be able to get there.” Mr Chris Bishop, MP (National) opined should be doing something about that. A portion Mr Alistair Scott, MP (National) close to my heart in the Green Party, is the issue of workers are paid less than a man performing that the Bill was a sign of greater opportunity of what is in this Bill today does that.” commented: “They have earned it, the orbital debris. There are 20,000 objects out there work involving similar skills, responsibility, in an improving economy: “After years of However, Mr Michael Wood, MP (Labour) Government has facilitated and used it orbiting in space that are larger than a baseball. conditions, and degree of effort would be paid.” deficits built up through the aftermath of the expressed concerns about the sufficiency of effectively and efficiently, and now - due to the There are 500,000 objects larger than the size of A 2015 workforce survey by the Ministry of global financial crisis and the Christchurch targeting, saying it was “about as well targeted surpluses, due to the strong economy - we are a marble. If you have seen the film Gravity, you will Health indicated that the average wage rate earthquake, peaking at $18 billion at 2011, as a bacon butty at a bar mitzvah” and that “If able to return what is taxpayers money.” understand the Kessler effect, where we can see was between $15 and $16 an hour. we now have surpluses and we now have you add up the tax gain for the top 10% of New The Bill passed its third reading with 86 potentially catastrophic impacts of these space The legislation provides for agreed pay rates choices.” Ms Eugenie Sage, MP (Green) Zealanders in this Bill, it’s about $373 million; votes to 31. objects. Already there is quite a huge cost involved and the facilitation of training, and the terms of the indicated that her party would support the if you add up the tax gain for the bottom 50% in space junk, as it is called, but it could cause a settlement agreement are applied to all workers, Bill “because of the support that it gives to of earners in New Zealand, it is about $380 Outer Space and High-altitude Activities Bill catastrophic change, literally, to our world’s use of regardless of whether they are union members. those families who are enduring the most - million - basically the same.” The Outer Space and High-altitude Activities technology if in fact it did go all pear-shaped, as we Members from all parties acknowledged particularly families where parents are not in Mr James Shaw, MP (Green) commented: Bill, read for a third time on 4 July 2017, aims to saw in the film Gravity.” the importance of the work done by care and paid work and are on a benefit.” “One thing that we on this side of the House facilitate the development of a space industry Dr Shane Reti, MP (National) noted the support workers and the fairness of rewarding Mr Richard Prosser, MP (NZ First) said are uncomfortable with is the changes to the tax whilst providing the necessary protections benefits of the Bill and the resulting growth in their compassion, with the Minister of Health, it was not right to “stand up and say that they threshold that were outlined. If those changes had to manage the risks associated with space space technology: “When we look at the value Hon. Jonathan Coleman, MP (National) are going to deny a person in that situation that changed in line with inflation, the quantum of that activities and meeting international obligations. chain of what is a $300 billion space economy, stating: “This predominately female workforce

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• the suicide crisis in Soon after the Committee was Clerk of the Senate and Following the appointment Indigenous communities tabled its report, the Supreme Clerk of the Parliaments. of Mr Robert as Clerk of the CANADA FEDERAL LEGISLATION (Indigenous and Northern Court confirmed its position House of Commons, on Affairs); and on time limits in another case The Senate 10 July, Nicole Proulx was New Leader of the Official amend the Canada Elections would also amend a number House adopted a number of • Canada’s Naval Forces on similar issues. On 16 May, Senator Hon. appointed Clerk of the Senate Opposition Act (political financing). The of Acts to revise provisions amendments that addressed (National Defence). Other Senate Committees Stephan Greene left the and Clerk of the Parliaments At a convention on 27 May Bill aims to make political dealing with threat reduction, concerns raised by the PBO In June, the Senate tabled reports on subjects that Conservative Caucus to sit on an interim basis. She is 2017, the Official Opposition fundraising more transparent. information sharing, the regarding the independence Committee on Legal and included: as an Independent Reform the first woman to serve in the Conservative Party elected It received second reading on “no-fly” list, and other of the Office. Constitutional Affairs tabled • decarbonizing senator. On 22 June, Yukon position. Andrew Scheer, MP, of 15 June and was referred to security-related issues. Then, on 19 June, the a comprehensive report on transportation (Energy, Senator Hon. Daniel Lang As at 17 July, the Saskatchewan as its new the Standing Committee on On 19 June, Bill C-16 Senate voted narrowly against the subject of court delays. It the Environment and announced that he would retire standings in the Senate leader. He was first elected Procedure and House Affairs. received Royal Assent. Known dividing the Bill to create a recommended considering Natural Resources); in August. He was appointed to were: Conservative Party 38; as MP in 2004 and served as On 19 June, the President as the transgender rights separate Bill establishing the other remedies when there are • a Northern transportation the Senate in 2008. Independent Senators Group Speaker of the House from of the Treasury Board, Hon. bill, it adds gender identity Canada Infrastructure Bank. unreasonable delays, as well corridor (Banking, Trade On 17 May, the Senate 35; Liberal Party 18; non- 2011 to 2015. The leadership Scott Brison, MP, introduced and gender expression On 21 June, the Senate as better case management and Commerce); and adopted a recommendation of affiliated 7; vacancies 7. election was conducted using Bill C-58, which would amend as prohibited grounds of passed the Bill with and the prompt filling of • cooperation between the Modernization Committee a ranked-ballot method, and it the Access to Information Act discrimination under the amendments that would have judicial vacancies. Canada and Mexico removing the requirement that Announcement of new took 13 ballots for Mr. Scheer and the Privacy Act. The Bill Canadian Human Rights Act removed escalator clauses The issue of court delays (Foreign Affairs and a caucus must be made up of Governor-General to surpass the 50% threshold would grant the Information and amends the Criminal for excise taxes on alcohol. was brought to a head by a International Trade). members of a political party On 13 July, the Prime Minister required to win. Commissioner the power to Code to protect trans and In response, by unanimous 2016 Supreme Court decision registered under the Canada of Canada, Rt. Hon. Justin Prior to the convention, order the release of records. gender diverse Canadians consent the House sent a that imposed time limits for Clerk of the House of Elections Act. This allows the Trudeau, MP, announced that Interim Leader, Hon. Rona Currently, the Information from hate propaganda. message back to the Senate cases to avoid breaching the Commons formation of caucuses other Her Majesty The Queen had Ambrose, MP, had announced Commissioner can only Another bill to receive in which it disagreed with constitutional rights of the On 20 June, the House of than those of recognized approved the appointment that she would be leaving make recommendations. Royal Assent on 19 June the amendments because accused. This led to some Commons approved the political parties. Until then, of Julie Payette as the next politics. She resigned as an The Bill would also require was Bill C-6, which amends they “infringe upon rights and high-profile cases being appointment of Charles the only caucuses were those Governor-General of Canada. MP on 4 July. the Senate, the House of the Citizenship Act. Among privileges of the House.” The stayed and concerns that a Robert as the Clerk of the of the Liberal Party and the Ms. Payette is an astronaut, On 19 June, Hon. Denis Commons, parliamentary other things, it repealed next day, the Senate voted to further 6,000 criminal cases House of Commons. Prior to Conservative Party. engineer, broadcaster and Lebel, MP, the Deputy Leader entities and ministers’ offices provisions under which dual not insist on its amendments, could eventually be stayed. his appointment, Mr. Robert corporate director. of the Opposition, announced to proactively publish their citizens convicted of crimes but also to send a message his retirement. First elected in travel expenses, hospitality against the national interest to the House confirming 2007, he served in a number expenses and contracts. could have their Canadian the Senate’s privileges, of ministerial posts in the On 20 June, the Minister of citizenship revoked. The Bill immunities and powers to government of Stephen Harper. Public Safety and Emergency also reduced the length of amend any legislation. Bill Preparedness, Hon. Ralph time permanent residents C-44 received Royal Assent Legislation Goodale, MP, introduced need to be in Canada before on 22 June. Prior to the summer recess, Bill C-59, An Act respecting applying for citizenship. the government introduced a national security matters. This On 22 June, Bill C-22, Committee reports number of Bills and several Bill would create a civilian the National Security and Before the summer recess, Bills received Royal Assent. review body to oversee Intelligence Committee House of Commons On 31 May, the Minister security and intelligence of Parliamentarians Act Committees tabled a number of Democratic Institutions, agencies, as well as other received Royal Assent. This of reports on subjects that Hon. Karina Gould, MP, departments and agencies new Committee will review included: introduced Bill C-50, An Act to involved with intelligence. It the government’s national • the mental health of security and intelligence veterans (Veterans Affairs); activities. In evaluating these • debt in the agriculture activities, members of the sector (Agriculture and Committee will have access to Agri-Food); certain classified information. • Canada’s media landscape In late June, there was (Canadian Heritage); some wrangling between • the ability of the Canadian the Senate and the House steel industry to of Commons over C-44, compete internationally Budget Implementation (International Trade); Act, 2017, No. 1. This Bill • the plight of LGBTQ+ contained a number of refugees (Citizenship and measures, including making Immigration); the Parliamentary Budget • the situation in South Officer (PBO) an Officer of Sudan (Foreign Affairs and Parliament. In early June, the International Development);

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THIRD READING: QUÉBEC, CANADA

The National Assembly of Québec passed 15 Lastly, the Act assigns to regional county Assembly in 2012 and 2013 that failed to anyone housed in a residential and long-term the needs of families to look out for their References: public Bills (introduced by the government) municipalities and local municipalities the pass the first step in the legislative process. care centre (CHSLD) or under tutorship or loved ones’ safety, the privacy and integrity 1 Ouranos (Consortium on Regional Climatology between February and June 2017, six of them task of drawing up and implementing regional The new legislation allows a child to curatorship in the sense of the Civil Code of rights of seniors, as well as the protection of and Adaptation to Climate Change), Milieux humides et unanimously. plans for wetlands and bodies of water, with be adopted while recognizing (instead of Québec. Reports are to be filed with the local relationships with staff and staff reputations. changements climatiques : le rôle important des milieux the support of watershed organizations.2 breaking off) pre-existing bonds of filiation. It service quality and complaints commissioner The National Assembly held its final humides dans l’adaptation, Montréal, May 10, 2017, p. 2. Environment (Wetlands) Legislation Plans must be approved by Ministère du is designed for older children adopted through of the health institution or with the police. sitting of Spring 2017 on 16 June and was 2 Watershed (or drainage basin or catchment area) refers to a land The National Assembly of Québec passed Développement durable, de l’Environnement child protection services who want to continue The Act also provides for the government to adjourned until Tuesday 19 September area in which all waters drain off towards a particular outlet or point. Bill 132, An Act respecting the conservation et de la Lutte contre les changements identifying with their family of origin. No rights make regulations governing the use of cameras 2017. Parliamentary Committees will resume 3 Speech by the Minister for Sustainable Development, of wetlands and bodies of water, on 16 June climatiques and reviewed at least once every or obligations are created for the family of (or other means of surveillance) by health proceedings in mid-August as usual. the Environment, and the Fight Against Climate Change, 2017. It sets out to reform the legal framework ten years. origin in question. services patients or their legal representatives. Hon. David Heurtel, MNA, 1 December 2016, 12:20 p.m. for such environments. Changes include The Act also provides for the disclosure The government of Québec has indicated that 4 Vetoes of disclosure by parents of origin will be void recognition of the ecological contributions of Environment (Environment Quality) Act of information to allow adoptees or their the future regulation will take into account on their deaths. wetlands and hydric environments (lakes, rivers, On 23 March 2017, the National Assembly biological parents to find out each other’s marshes, peat bogs and so forth). of Québec passed Bill 102: An Act to amend identity and contact each other. This replaces The research group Ouranos submitted a the Environment Quality Act to modernize the the practice of strictly sealing the identity of short brief to the public hearings on the Bill environmental authorization scheme and to both parties. The parents of origin4 or adoptee held by the Committee on Transportation amend other legislative provisions, in particular will still be able to order that there be no and Environment. It summed up the essential to reform the governance of the Green Fund. identity disclosure or contact. environmental role played by wetlands. The first version of the Environment The Act makes it easier to disclose medical The following passage from the brief was Quality Act dates back to 1972. Substantial information on adoptees, parents of origin or taken up by the Member for Jonquière and amendments were also made in 1978. family members. It should also make it easier Official Opposition critic for environment A Green Paper was tabled in 2015 to to find brothers and sisters. and the fight against climate change, Hon. prepare for the revision. The main purpose The Act also provides for recognition of Sylvain Gaudreault, MNA during the debate of the amendments were to streamline the Aboriginal customary adoptions in the Civil Code over the Bill’s adoption in principle: “Wetlands approval process and make it clearer, more of Québec, as practised in certain indigenous are an integral part of our ‘green infrastructure’ foreseeable and more flexible (without communities and nations in Québec. and are increasingly advocated for big cities as compromising Québec’s environmental a climate change adaptation measure. Studies protection standards).3 The Act establishes Health (Mistreatment of Seniors and have shown that wetlands significantly improve a system based on risk management and other Vulnerable Persons) a watershed’s surface- and groundwater identifies four levels of risk: high, moderate, The National Assembly of Québec passed Bill quality, providing cities with better drinking low and insignificant. The Act also reduces 115: An Act to combat maltreatment of seniors water and reducing water treatment costs.”1 the time it takes to study projects submitted and other persons of full age invulnerable The Act respecting the conservation of by businesses, particularly when new situations on 30 May 2017. The legislation wetlands and bodies of water targets ‘no net environmental technology is involved. makes it mandatory for all Québec health and loss’ as a way to keep wetlands and bodies The Minister of Sustainable Development, social services institutions to have a policy of water from disappearing. It also grants the Environment and the Fight against Climate to fight maltreatment not just of seniors but government the power to establish programs Change noted at the sitting for the Bill’s also for adults whose ability to seek help to fund restoration and the creation of new adoption in principle (called the ‘second is restricted by their physical, cognitive or environments of this type. reading’ in some assemblies) that the psychological condition. The maltreatment It includes provisions to ensure that certain amendments would reduce the number of policy applies both to people receiving activities subject to government approval, such approvals required by 30%, by eliminating services in healthcare institutions or at home. as backfilling, be accompanied by measures most for low- and insignificant-risk projects. The policy also applies (subject to any to minimize environmental impacts. It also adjustments necessary) to private seniors provides for authorization of such projects to Justice (Child Adoption) residences and bodies delivering services be conditional on payment of compensation On 16 June 2017, the National Assembly on behalf of healthcare system institutions. (paid into the Fund for the Protection of the of Québec passed a Bill to reform adoption Section 3 of the Act states that maltreatment Environment and the Waters in the Domain procedures in Québec (Bill 113: An Act to may occur at the hands of a person working of the State). The government may however amend the Civil Code and other legislative for the institution or “any other person.” authorize applicants, on their own request, to provisions as regards adoption and the Health and social services professionals provide compensation in kind (restoration or disclosure of information). The Bill followed and members of Québec professional wetland creation) in lieu of payment. up on similar Bills introduced in the National orders are required to report maltreatment of

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reply.” In the Speaker’s view, an asked have fluctuated between under construction, with the establish one in the previous aggrieved citizen should have 24 and 65, and on average have aim of providing an eventual Parliament. In September PARLIAMENTARY NEWS FROM a maximum of four years from numbered just under 43 for annual revenue stream in the 2013, the Labor Opposition when the Member referred to each Question Time period. vicinity of $1b. sought to introduce a Bill but the citizen, and the calling of an At a time when the The Joint Committee its introduction was defeated AUSTRALIAN STATES AND TERRITORIES election should have no impact Government was under intense held public hearings on 17 by one vote. The Liberal AUSTRALIAN CAPITAL that motion was passed on as engaging with the media and are still under active on their right of reply. scrutiny over its handling of occasions, taking evidence Government then introduced TERRITORY the voices. Subsequently contacting stakeholders directly. consideration. Later that day, the House the Oakden Mental Health from 40 individual witnesses, its own Bill in December 2013, the Executive claimed agreed to a motion moved Facility, the arrangement with representing 26 different but that Bill lapsed when a Ordering documents to be executive privilege and the Renaming General Purpose QUEENSLAND by the Leader of the House the Speaker has provided the groups, agencies and NGOs. reasoned amendment was tabled and independent Speaker appointed Hon. Standing Committees as amending Standing Order Opposition with the opportunity Further to the evidence agreed to, again by one vote. legal arbiter process invoked Richard Refshauge, SC as an Portfolio Committees Redistribution 280(3) to provide that: to ask 385 questions in 9 sitting heard locally, the Committee The current Labor The 9th Assembly of the independent legal arbiter. On 12 The New South Wales As foreshadowed previously, (3) A person shall ensure a days, the vast majority of which travelled internationally in Government revisited the idea, Australian Capital Territory July 2017 the arbiter provided a Legislative Council’s General the Queensland Redistribution submission is received by the were directed at the Minister August-September 2016 to and introduced legislation in has seen an increase in the report to the Acting Clerk which Purpose Standing Committees Commission, on 26 May 2017, Speaker within four years from for Disabilities, Mental Health conduct site visits and meet February 2016. The Bill passed number of motions moved upheld the claim of privilege. (GPSCs) are responsible for released its final report and has the date on which the person and Substance Abuse, who with experts in the field. This the Assembly unamended in requiring the Executive to table overseeing specific ministerial redistributed Queensland into has been adversely referred to was responsible for managing was made possible by special March 2016 but then stalled documents. On 28 March 2017, NEW SOUTH WALES portfolios and for conducting 93 electoral districts. According in the Legislative Assembly or the Oakden facility. funding provided by the in the Legislative Council. It an Opposition MLA moved that the annual Budget Estimate to the commission’s website, a Committee. While the practice to Treasury for the purpose. In was eventually returned with the Executive table, pursuant A Parents’ Room for hearings. The GPSCs were first no appeals were made during provide unlimited questions Finland, the Committee met amendments 12 months to standing order 213A, various Parliament House established in 1997, and have the 21 day appeal period and SOUTH AUSTRALIA to the Opposition continues, with the Finnish radioactive later in March 2017. The documents in relation to health On 11 May 2017, the Presiding been an integral part of the as a result, the boundaries are on the last sitting day, before waste regulatory body, STUK Assembly agreed to the data matters. The motion was Officers opened a new parents’ Council’s Committee system in considered final and are not Bumper Question Times Estimates Committee and Greenpeace Finland. Council’s amendments in June agreed to by the Assembly on room located on Level 12 of each Parliament since that time. subject to change until the During the current Fifty-Third hearings, only 15 Opposition It then travelled to Eurajoki 2017, and the Act came into the voices. On 11 April 2017, Parliament House. The parents’ On Tuesday 7 March 2017, next state redistribution. The Parliament, it has been the questions were asked. province to tour the site of the operation on 1 July 2017. the Executive provided the room has a range of facilities for the House resolved to rename Attorney-General tabled a copy Speaker’s practice to enable Finnish Onkalo deep geological Under the legislation, the documents to the Clerk (the Members and staff, including: the six GPSCs as Portfolio of the report on 16 June 2017. the Opposition to ask a Joint Committee on repository and meet with Parliamentary Budget Office Assembly was not sitting but • two cot beds fitted with Committees in keeping with The 93 electoral district large number of questions Findings of the Nuclear Fuel builders/operators POSIVA. is established as a permanent they were circulated to all mattresses, sheets and a recommendation made by boundaries will come into (including supplementary Cycle Royal Commission The Committee then spent two administrative office of the MLAs) and were tabled by the blankets; the Select Committee on the place when the writ is issued questions) in quick succession The Motion to establish this days in France, meeting with Parliament and the PBO is Clerk on Tuesday 9 May 2017. • chairs, ottomans and a day bed; Legislative Council Committee for the State General Election during Question Time. Joint Committee was moved the OECD’s Nuclear Energy an independent officer of On 11 May 2017, an • a baby change table, nappy System in November 2016. which is due sometime in the More recently, an informal in the House of Assembly Agency and Areva Energy in the Parliament employed Opposition MLA moved a disposal bin and side table; The report of the Select next 12 months. Work has now agreement negotiated by the Premier, Hon. J W Paris, before heading east to under the Parliamentary motion calling on the Executive • a play area with books, toys Committee found that the name commenced to identify new between the Speaker and the Weatherill MP, on 18 May tour the Cigeo deep geological Administration Act 2005. It to table documents relating to and a television; General Purpose Standing electorate office premises as a Leader of the Opposition has 2016 in response to the Royal repository under construction is now the role of the Public a risk assessment report on • a kitchenette and microwave; Committee did not adequately result of the redistribution. enabled many more questions Commission on the Nuclear at Bure. The Committee Accounts and Estimates infrastructure at the Canberra and describe the remit of the from the Opposition benches. Fuel Cycle. It was concurred met with the International Committee to recommend to Hospital, and that motion too • a workstation for the Committees and that a more apt Citizen’s Right of Reply In exchange, the Opposition with in the Council on 24 May Atomic Energy Agency in the Minister the appointment was passed on the voices. convenience of Members on title that would enhance citizens’ On 16 June 2017, the Speaker has agreed to keep all 2016. The Legislative Council Vienna before travelling to and terms and conditions of Subsequently, the Executive busy sitting days. understanding of the legislature advised that he would ask the questions factual, brief and to became the administering the US where it met with appointment of the PBO. claimed executive privilege and should be identified. Each GPSC Committee of the Queensland refrain from seeking leave to House for this Joint Committee various legislators, regulators, the Speaker, in accordance Trial of committee has now been renamed as a Legislative Assembly to explain the question. in accordance with the practice interest groups and industry Robot gives evidence to with standing order 213A, announcements via video Portfolio Committee, followed consider whether the This practice is a marked of alternating Joint Committees professionals in New Mexico Parliamentary Committee appointed Hon. Keith Mason, As part of the New South by a brief description of the key Standing Orders dealing with departure from previous between the two Houses. and Nevada. The Committee’s In what may be a parliamentary AC as an independent legal Wales Legislative Assembly’s portfolios overseen by each citizen’s right of reply should Parliaments where the The Committee was charged Report is imminent. first, a robot gave evidence arbiter. On 16 June 2017, digital strategy, in May 2017, Committee. For example, the be amended as the current Opposition was guaranteed with examining and providing at a public hearing of the the arbiter provided a report Committees administered by former GPSC No. 1 has become rules restricted right of reply only ten questions and where advice on the findings of the VICTORIA Family and Community to the Clerk which did not the Assembly commenced a Portfolio Committee No. 1 - submissions to the term of the each Opposition question was Royal Commission. Development Committee at uphold the claim of privilege. trial of using videos to make Premier and Finance. Parliament in which the person followed by a Government The Royal Commission Parliamentary Budget the Victoria Parliament. The Subsequently two Members of Committee announcements. Other recommendations of was adversely referred to. (Dorothy Dixer) question. had recommended that a Officer established robot, named NAO, appeared the Assembly were provided The videos are accessible via the the Select Committee on the The Speaker noted that “if On Tuesday 11 April 2017, deep geological repository be Legislation has finally passed with representatives from a with copies of the documents. Parliament’s YouTube channel Legislative Council Committee a member of the public feels at the end of a busy Question constructed in South Australia in the Victorian Parliament company named the Brainary On Tuesday 7 June 2017, and are promoted through the System, which go to issues such aggrieved by a comment that Time, the Speaker advised the to receive high-level nuclear to establish a Parliamentary as part of its inquiry into an Opposition MLA moved a Assembly’s Twitter feed and as scrutiny of legislation and a Member of Parliament has House that the Opposition had waste from countries running Budget Officer (PBO). There services for people with autism motion calling on the Executive the Parliament’s Facebook regulations by Committees, the made, once the Premier calls asked over 50 questions (53 in nuclear power generation has been debate about the spectrum disorder (ASD). to table documents relating page. The videos are intended budget estimates process and an election that member of the fact) during the allotted hour. programs. It proposed a need for a Victorian PBO NAO is specifically designed to Public Housing Steering to complement other means of take note debate arrangements, public has no further right in During the following sitting facility twice the size of any for several years and there to support children with ASD Committee matters, and Committee engagement, such the next parliament to a right of days, Opposition questions other like facility currently were two failed attempts to and help them engage with

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others. Children can engage by Mr Muir, A review of the On 22 June 2017, the experience a record increase different reason. The Joint authorisation of $11 billion has coined the phrase ‘BYO make sure that we look at ways directly with NAO and ask approach to the prevention Committee wrote to Minister in women in the House, with Standing Committee on in order to meet estimated Parliamentary Question’ (BYO to make Parliament much NAO questions, which NAO is of occupational violence in Mikakos stating that “a valid 18 of the 59 seats (30%) the Corruption and Crime borrowing requirements of the = Bring your own). It remains more family friendly. I am also able to respond to; they can secure services. It also learnt claim of executive privilege occupied by female members. Commission, the Parliament’s consolidated account until 30 to be seen whether questions very keen, given my passion for also play games with NAO and that several organisations and has not been made” and The complexion of the Oversight Committee to its June 2021. This is the single will continue to be submitted at technology, to investigate ways direct NAO to dance. individuals were provided with requested the documents Legislative Council, by anti-corruption watchdog, is largest Loan Act authorisation this rate, but what is certain is in which we can incorporate At the hearing, the the Muir reports. A number by 27 June 2017. The letter contrast, is vastly different. The established by statute but on record in this state, and it that 2017 will hold the record technology into the Council in Committee asked NAO of submissions to the Inquiry included examples of proportional representation its membership is not set prompted vigorous debate in for most questions on notice a range of areas, to not only questions to which it quote Muir and several individuals and organisations, electoral system used to elect out in the Standing Orders both Houses. Interestingly, asked in Western Australian make us more productive, but responded, and NAO also witnesses at public hearings including the media, who had members of that chamber of the Legislative Assembly. in the Assembly the National parliamentary history. also open up opportunities for showed the Committee some also quoted parts of the been provided with access to means that traditionally Labor The Committee comprises Party moved a reasoned better engagement with the of its dance moves. reports to the Committee. the documents. governments struggle to two Members from each amendment at the second A new beginning community.” On 2 June 2017, Jenny At a public hearing on 27 hold a majority in the Council. house, and it has been reading stage, in an attempt In what now seems a distant Western Australia also has Government report: Claim Mikakos, the Minister for June 2017, the Committee So it proved at this election, practice that one Member to frustrate the government. memory, the year began with the first female leader of the of Executive Privilege used Families and Children and was informed that the reports with Labor winning 14 of the from each of the two major The amendment resulted in Western Australia Legislative government in the Legislative to withhold information Minister for Youth Affairs, wrote had been provided by DHHS Council’s 36 seats, with the parties is appointed from the motion “that the Bill be Council officers undertaking Council with Hon. Sue Ellery, from Committee to the Committee claiming to the Department of Justice Liberal Party holding 9, the each House. In appointing read a second time only after necessary tasks and projects MLC, Minister for Education The Legal and Social Issues executive privilege over both and Regulation, and to both Nationals and Greens four its Committee membership, the Treasurer agrees to amend in anticipation of the new and Training, in that role. With Committee of the Victoria reports. The Minister referred Professor James Ogloff each, Pauline Hanson’s One the Legislative Council broke the Loan Bill 2017 during Parliament. 13 of the 36 Members being Legislative Council is to an April 2015 letter from and Penny Armytage who Nation three, with one Shooter, with this practice, appointing consideration in detail to While the election held on new Members, House and conducting an Inquiry into Youth the Attorney-General to the conducted a review of the Fisher and Farmer and one one Green Member and one authorise the borrowing of $3.8 11 March 2017 returned a Committee induction seminars Justice Centres in Victoria. Part Acting Clerk of the Legislative youth justice system. Liberal Democrat. Given that Liberal. This had implications billion for public purposes” new Government (ALP) with a were well attended. of the Inquiry process includes Council stating what it believed the Labor Presiding Officer, for the Assembly, where being put to a vote. Given the clear majority in the Legislative The first two months of viewing previous reports to be limits on the Parliament’s WESTERN AUSTRALIA Hon. Kate Doust, MLC, the government’s desire Nationals hold only five seats Assembly (41 of 59 seats), sitting was dominated by relevant to this issue. power to call for documents. Western Australia’s first female to ensure it had at least and did not have the support the Government won 14 of debate on the Address-in- A 2016 report prepared The Committee was of the March 2017 State General President, has only a casting equal representation on the of the Liberal Party, the the 36 seats in the Legislative Reply, Loan Bill 2017 (seeking for the Department of Health view that, as the Executive is Election vote, the government has some Committee necessitated that amendment was defeated. Council. Members from 7 a record $11 billion), Supply and Human Services (DHHS) responsible to the Parliament, On 11 March 2017, Western significant negotiation ahead it appoint two government The start of the 40th political parties were elected Bill 2017 and the passage of by consultant Mr Peter Muir the correct procedure would Australia went to the polls of it, if it is to pass its legislative Members. The motion to Parliament has seen a dramatic to the Legislative Council. the Constitution Amendment entitled Review, critical incidents be for the documents to be to decide the complexion of agenda through the House. appoint these Members rise in the number of questions The Liberal Party won 9 (Demise of the Crown) Bill at Parkville Youth Justice Centre, provided to the Committee with the 40th Parliament. Political The new configuration was subject to vigorous on notice being submitted in seats, the Greens 4 seats, the 2017 which, if enacted, will was partially leaked to the a claim of executive privilege. commentators widely believed of the Western Australia debate, with the Opposition the Legislative Assembly. The National Party 4 seats, Pauline ensure that the demise of the media in late 2016. The Committee would then that the incumbent Liberal- Legislative Assembly arguing that it would have no bulk of these questions have Hanson’s One Nation 3 Crown has no legal effect in On 9 February 2017, the assess that claim. As such, on National alliance government post-election has also had Members in the Assembly come from one new Opposition seats, with one member each Western Australia. Committee wrote to the 8 June 2017, the Committee would experience a swing away an impact on the make- to speak to reports of the Member. In the first five full elected from the Shooters, Committees are identifying Secretary of the Department summonsed both reports from from them, and that the result up of Committees in the Committee or represent the sitting weeks, 1,654 questions Fishers and Farmers Party and potential inquiries and requesting a copy of the report. the Department pursuant to of the election would mean that 40th Parliament. While the workings of the Committee on notice were asked, which the Liberal Democrats. sessional priorities. The In response, the Committee Legislative Council Standing the numbers in the Legislative government are more than during the inquiry process. averages to 331 written On 11 May 2017, Her Uniform Legislation and was verbally advised that Orders 17.06 and 23.19. Assembly would be very close. able to supply enough The Opposition also raised questions per week. In contrast, Excellency Hon. Kerry Statutes Review Committee DHHS was concerned The Secretary replied to As it transpired their Members to fill their share of legal questions over a section in 19 sitting weeks last year Sanderson AO, Governor of has already undertaken about releasing information the Committee on 16 June, predictions were wide of the the 33 Committee positions of the Corruption, Crime and 1,123 questions on notice were Western Australia, opened the two inquiries and the containing personal details to informing the Committee that mark, with Labor enjoying available, the Opposition faced Misconduct Act 2003, which asked for an average of 59 per 40th Parliament, commencing Public Administration the Committee. she had been directed by the a massive swing towards the prospect of spreading confers some functions sitting week, and in 2015, 1,492 what may be an interesting and Committee has self-referred The Committee was Attorney-General to abide by them, sweeping to power its Members too thinly. upon that Committee, with were asked over 21 sitting unpredictable session in the an inquiry into WorkSafe subsequently made aware the claim of executive privilege. in a landslide victory. The Traditionally Opposition reference to government and weeks for an average of 71 Legislative Council. This was WA (the Government of a 2015 report prepared final confirmed tally of seats Members in key leadership non-government Members. questions per sitting week. the first time a female governor agency responsible for saw Labor winning 41 of positions would refrain from Owing to the numbers in The Member responsible had opened the Parliament. the administration of the the chamber’s 59 seats, the also adding Committee the Assembly the motion for this spike in questions In another first for Western Occupational Safety and Liberals winning 13 seats, and work to their workload; prevailed, with the issue likely has devised a novel approach Australia, the Council elected Health Act 1984). The next the Nationals winning 5 seats. however their numbers have to be revisited during the to formulating questions by the first female Presiding few months may see the This means that Labor have necessitated that all Members remainder of the sitting year. crowdsourcing them, asking Officer whenHon. Kate Doust, commencement of further a massive working majority (with the exception of the The first few weeks of his constituents, via his MLC was elected President of inquiries, the establishment on the floor of the Assembly, Leader of the Opposition, parliamentary sittings were website, to submit suggested the Legislative Council. of joint and/or Legislative while the Opposition are Deputy and the ex-Premier) dominated by the necessity questions. If he deems them Madam President said: “As Council Select Committees stretched in covering shadow serve on least one Committee. to pass a Loan Bill in order to fair and reasonable, he will the first female President of and perhaps more surprises in portfolios. The outcome Membership of Committees “provide public services and submit them to Ministers and the Legislative Council, and my this 40th Parliament. of the election also saw was also topical in the first infrastructure investment.” post their responses on his own experience as a working the Legislative Assembly few weeks of sitting for a The government sought website. For this practice he mother, I am very keen to

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Mr Jordan at what point did entitled to the rights or privileges story. It is estimated that over 20 proposed law. It is an extremely they lock down Mr Cranston’s of a subject or a citizen of a Federal Parliamentarians were high hurdle and there is little PRIME MINISTER IN DAMAGE CONTROL access to various ATO files. Mr foreign power shall be incapable born outside of Australia or have interest by senior leaders for Jordan commented that “the of being chosen of or sitting as parents that through their origins seeking to change section 44(i). Prime Minister Turnbull in marriage equality could become damage for the government. telephone intercepts between AFP specifically asked me not a Senator or a Member of the could confer entitlements to The Prime Minister, Hon. damage control a reality “sooner than everyone A House and half Senate him and his son implicated him to change anything around House of Representatives.” citizenship of another country. Malcolm Turnbull, MP, entered The Prime Minister, Hon. thinks.” These comments were election can be held from in an alleged lesser offence Michael Cranston, because Senator Ludlam advised On 18 July, the other Deputy the debate by criticising the Malcolm Turnbull, MP, has widely reported and predictably August 2018 to May 2019. So of abuse of public office. they did not want that to tip-off that he holds dual citizenship Greens Co-Leader, Senator Greens for their sloppiness. Mr faced further attacks from generated a robust response between now and then the This related to Mr Cranston’s the syndicate that something of Australia and New Zealand Larissa Waters, in a devastating Turnbull commented that “it is former Prime Minister, Hon. from the conservative members government needs to turn attempt to get other officers might be wrong. He did not and therefore he was ineligible blow to the Australian Greens, pretty amazing, isn’t it, that you Tony Abbott, MP. Mr Turnbull, who called for Mr Pyne to be around its position if it is to to access relevant tax file have suspicions. He had normal to hold elected office. Senator announced that she also was have had two out of nine Greens a moderate, rested control of sacked as Leader of the House. hold on to government. information. access to our systems right up Ludlam stated that “I apologise in breach of section 44(i) of Senators didn’t realise they were the Liberal Party from Mr Abbott, Mr Abbott raised tensions The Commissioner of until the time of the execution of unreservedly for this mistake. the Constitution and would citizens of another country. It a conservative, in September further when at a Liberal Party Senate Estimates Taxation, Mr Chris Jordan the raids. However, as with me, This was my error, something be resigning. Senator Waters shows incredible sloppiness on 2015. But Mr Abbott has not forum on 1 July he commented Senate Budget Estimates explained that “people tried to even though he is in charge of I should have checked when I stated that “I left Canada as their part. You know, when you gone quietly. The Liberal that for “too long the party were held between 22 get access and that, in itself, the area, it is on a need-to-know first nominated for preselection a baby, born to Australian nominate for Parliament, there Party is a marriage between hierarchy has expected the May and 1 June. Additional is the offence. You are not basis. He could not access in 2006. I have no wish to parents studying and working is actually a question - you have conservative and moderate rank and file to turn up, to pay estimates are held in February allowed to try to get access to the files around the alleged draw out the uncertainty briefly in Canada before they got to address that Section 44 members. In the past the policy up and to shut up. Let’s take and supplementary budget information that you are not fraudulent activity in which his or create a lengthy legal returned home. I have lived my question and you’ve got to tick tensions between these two our party back and then we estimates are held in October. supposed to look at. So that son was allegedly involved. He dispute, particularly when life thinking that as a baby I was the box and confirm that you are factions were often kept under can win the next election.” Estimates hearing are one was the offence of the other could not access that. Once the Constitution is so clear. naturalised to be Australian and not a citizen of another country. wraps but not now. The disputes The Leader of the of the most effective means officers being asked by Michael that audit team knew for certain I am resigning as Senator only Australian, and my parents It is extraordinary negligence on are public and increasingly Opposition, Hon. Bill Shorten, by which the Parliament Cranston to have a look at that Adam Cranston was not for Western Australia and told me that I had until age their part.” damaging the electoral MP, chimed in commenting scrutinises and holds executive this, but they could not find only involved but apparently a Co-Deputy Leader of the 21 to actively seek Canadian Mr Turnbull, however, would prospects of the government. that the row between Mr government to account. anything.” Mr Cranston later principal in the syndicate and Australian Greens, effective citizenship. At 21, I chose soon regret his comments. On The policy divide in the Turnbull and Mr Abbott was Through the estimates process, resigned and is facing charges that he was Michael’s son, it today.” He explained that “I not to seek dual citizenship, 25 July one of Mr Turnbull’s Liberal Party is most evident becoming intolerable. He said the Senate Committees in relation to this matter. was further locked down. Our was born in Palmerston North, and I have never even visited senior Cabinet Ministers, in the debates over marriage that “they need to decide one scrutinise the performance During the estimates systems are very much on a New Zealand, left the country Canada since leaving at 11 Senator Hon. Matt Canavan, equality and climate change. of them has got to stay, one of the public service and its hearing, Mr Jordan was need-to-know basis.” with my family when I was months old. However after resigned from Cabinet because The moderates support of them has got to go. I don’t administration of government examined in relation to these three years old, and settled in Scott’s shock discovery, I there were doubts raised about marriage equality and the right really mind which it is, but I policy and programs. During events commenting that “in Two Senators resign and a Australia not long before my immediately sought legal his eligibility under section of the Parliament to decide this think for this nation, they need estimates, various Senate February 2016, as part of Minister stands down over ninth birthday. I was naturalised advice, and was devastated to 44(i). Senator Canavan did not matter by conscience vote. The a government which is focused Committees hold hearings our routine monitoring, we dual citizenship status when I was in my mid-teens and learn that because of 70 year resign as a Senator because conservatives oppose marriage on the needs of everyday at which the responsible identified a small number On 14 July, Deputy Greens assumed that was the end of old Canadian laws I had been a there is some doubt about his equality and will only support people, not just some argument Minister, or representative, and of entities that went into Co-Leader, Senator Scott my New Zealand citizenship.” dual citizen from birth, and that circumstances which will require a plebiscite by the people first between two silly older blokes.” officers are called to answer liquidation owing pay as Ludlam announced that he was There have been previous Canadian law changed a week the High Court to adjudicate on. to decide the matter. Moderate On 2 July, Mr Turnbull took a questions on their respective you go withholding and GST resigning as a Senator because cases where Senators and after I was born and required The Attorney-General, Senator members support more hard-line stance to the factional programs. These hearings are payments, and the matter was he was in breach of the dual Members have been removed me to have actively renounced Hon. George Brandis noted progressive action on climate infighting by threatening to leave held in public and Committees referred to our tax evasion and nationality provisions in section under section 44. For example, Canadian citizenship.” that Senator Canavan had change. The conservatives are parliament if he is removed performing their estimates crimes area for review and 44 of the Australian Constitution. in 1998 the election of Senator The fallout from these received advice from the Italian opposed to an emissions trading as leader. Normally this would functions do not receive potential audit action. Our initial Section 44(i) of the Constitution Heather Hill was challenged in resignations has raised a Embassy that he was registered scheme and some still support have little meaning except that confidential material. review showed the presence states that “any person who is the High Court on the grounds series of questions about the as an Italian citizen. This arose coal fired power stations. the government holds power During the two weeks of of a syndicate that appeared under any acknowledgment that she held dual citizenship relevance of section 44(i) of because in 2006, Senator In June, the battle within with a one seat majority and a scrutiny a range of issues were to be promoting phoenix of allegiance, obedience, or of Australia and the United the Constitution which was Canavan’s mother registered the Liberal Party became ever by-election could be problematic examined. In particular, the arrangements to the labour adherence to a foreign power, Kingdom. The High Court enacted in 1901 and whether herself and Senator Canavan apparent. Leading moderate for the government’s slim hold Senate Economics Committee hire industry in the construction or is a subject or a citizen or agreed and found that her dual this provision remains relevant with the Italian Consulate in and Leader of the House, on power. scrutinised the Australian and IT sectors. Because some citizenship made her in the 21st century. The Deputy Brisbane as an ‘Italian Resident Hon. Christopher Pyne, MP, The Minister for Finance, Taxation Office (ATO) over potential criminal links were election invalid under Prime Minister, Hon. Barnaby Abroad’ which is a form of was caught on a leaked tape Senator Hon. Mathias an alleged conspiracy to identified, covert audits and section 44(i) of the Joyce, MP, lamented that the citizenship. Senator Canavan, boasting about the power Cormann, commented in defraud the ATO over an reviews were commenced. Constitution. Constitution is the Constitution however, did not authorise of the moderates. Mr Pyne relation to Mr Abbott that estimated $130 million. The Over the year, we progressively Senator Ludlam’s and must be followed. The this to be done. Senator commented that “we have “some of his interventions in the allegations are particularly uncovered a complex web of case is unusual Australian Constitution can only Brandis stated that “it is the done very well as a group of past sadly have been somewhat troubling because two of the suspected tax evasion involving because he has be changed by the Australian Government’s preliminary view people over many decades destructive were able to be alleged conspirators are the a multitude of entities and brought attention to his people where in a majority of that, because the registration when people said the party was interpreted as undermining our son and daughter of a Deputy individuals. The identities and ineligibility and taken the States a majority of electors was obtained without Senator swinging to the Right and we efforts to provide strong and Commissioner of Taxation, Mr details of those involved are not step to resign. Senator voting approve the proposed Canavan’s knowledge or were finished.” In particular, effective government.” Michael Cranston. Mr Cranston all apparent to start with.” Ludlam’s resignation law, and if a majority of all the consent that he is not in breach he raised the ire of the The infighting and disunity was not suspected of being The Chair of the Committee, was not the end of the electors voting also approve the of section 44 of the Constitution. conservatives by claiming that is causing considerable involved in the conspiracy but Senator Jane Hume asked

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Nevertheless, in view of the legal uncertainty concerning the matter, when the Senate THIRD READING: AUSTRALIA FEDERAL convenes on Tuesday week, the government will move to refer Major Bank Levy Act 2017 commented that “following the introduction of give a leg-up to those regional banks, those same amount of Commonwealth funding in MP, commented that the government’s the matter for determination by The Major Bank Levy Act implements the the levy, it is my expectation that, in setting their community owned banks, and a chance to each state, territory and school sector.” proposal “takes us from a sector-blind, needs- the High Court.” Australian government’s commitment to introduce prices, banks will effectively balance the needs compete more fairly and more effectively, The funding approach is based on a review based funding model established under Labor Senator Canavan a new six-basis point levy on the big banks’ of borrowers, savers, shareholders and the wider because they have been at a competitive conducted by David Gonski, AC. In his 2011 to the exact opposite - a sector-specific system commented that “to my liabilities starting on 1 July. The Treasurer, Hon. community.” disadvantage since the GFC, when the Rudd report he noted that “the current funding which cuts support from some of our neediest knowledge, until this week Scott Morrison, MP, during his Budget speech, During a debate in the Senate, the Shadow government - quite appropriately, I believe - arrangements for schooling are unnecessarily students. This Bill would entrench a system I have not received any commented that the levy “represents an additional Minister for Small Business and Financial Services, put up a package of measures to ensure the complex, lack coherence and transparency, that is not fair, that is not needs based, that is correspondence from the and fair contribution from our major banks, is similar Senator Katy Gallagher indicated that Labor safety of the banks.” Senator Xenophon went and involve a duplication of funding effort in not sector-blind, and our practical objection Italian authorities about my to measures imposed in other advanced countries, supported the legislation. She commented that further than the government’s proposal by some areas.” In particular, Gonski stated that is that it rips $22 billion from our schools over citizenship status and they have and will even up the playing field for small banks.” “from the outset, Labor will be supporting the Bill. suggesting that foreign banks “should also be “Australian Government funding arrangements the decade. It continues to leave students who not been able to provide any The levy will only affect the five largest We do have a lot of fights with the government hit with this levy, because this could raise some for government schools, and for non-government have a disability with uncertainty, it abandons such records. In the short time banks with assessed liabilities of $100 billion about many things, but we resolved quite early $750 million to $800 million over the forward schools under the socio-economic status funding important reforms and it surrenders our ambition available, I have not been able or more and does not apply to superannuation on that we would not stand in the way of the estimates.” Senator Xenophon commented model, are based on an outdated and opaque to improve Australian schools.” to obtain definitive legal advice funds or insurance companies. The five banks government on this measure. The state of the that by excluding the foreign banks, “this has average cost measure, the Average Government With the government and opposition clearly as to whether my registration affected include the Commonwealth Bank budget and the need for this measure in relation to the perverse impact of according a preferred School Recurrent Costs. As such, the funding divided on the Gonski 2.0 reforms, it would as an Italian citizen, without (CBA), Westpac, the Australian and New Zealand budget repair has certainly assisted us in coming status to foreign banks over Australian banks in that is provided to schools does not directly relate again be the non-government controlled my knowledge or consent, was Banking Group (ANZ), the National Australia to this conclusion. Thanks to this government’s the latter’s home market. Three of the banks in to schooling outcomes, and does not take into Senate that would decide whether the reforms valid under Italian law. I am Bank (NAB), and the Macquarie Bank. budgetary mismanagement, gross debt smashed question are global in size. Some of them have account the full costs of educating students to would proceed. seeking to obtain that advice The Treasurer, as part of his second reading through the half a trillion mark last week, for the assets or liabilities in the trillions of dollars. They an internationally accepted high standard of Senator Pauline Hanson, One Nation, presently. On the basis of the speech, commented that “Australia’s five largest first time in the nation’s history. With debt and have global size and reach, and they compete in schooling.” The then Gillard Labor Government indicated that her party would be supporting the advice the Government has banks are highly profitable - earning more than the deficit blowing out under this government’s precisely the types of lending that is targeted by implemented its own version of Gonski. legislation. She commented that “the Labor Party obtained, and that George $30 billion a year after tax - and benefit from a watch, it would be irresponsible of Labor to take an the levy - in particular, lending to large companies Ms Andrews stated that we “will truly have been talking about there being a cut under outlined, it is not my intention to regulatory system that has helped to embed their alternative position. But that does not mean we are and institutions, as well as lending in the home implement the Gonski needs-based approach, this Bill of $22 billion. My understanding is that resign from the Senate.” dominant position in the market. For example, going to provide a leave pass for the incompetence loans in the case of HSBC and ING. They are delivering the Schooling Resource Standard it is a lie. There is no cut of $22 billion. It is like Senators Ludlam and Waters the major banks are accredited to use internal of the government and the Treasurer.” significant lenders.” that provides a base amount plus six loadings Labor have gone out there and promised: ‘We were both born outside Australia. ratings-based models that allow them to reduce Senator Gallagher criticised the government Senator David Leyonhjelm, Liberal for disadvantage.” The government’s adoption were going to be putting an extra $30 billion into In contrast, Senator Canavan the amount of capital that they must hold, for believing that the banks will not pass on to Democratic Party, was opposed to the levy of the Gonski funding model was generally the educational funding. Now the government was born in Australia but is lowering their funding costs relative to the smaller customers some of the cost of the levy. She commenting that “some of the $6.2 billion that referred to as Gonski 2.0. is bringing it back to $18.6 billion, so therefore brought into the scope of section banks who rely on standardised risk weights. commented that when the Treasurer “introduced the government hopes to collect from this bank Ms Andrews advised that “as the Australians have lost $22 billion.’ No, you can 44 as a result of bloodline. To They also contribute to systemic risk through the concept of a bank levy, at least Labor was honest tax would come from bank customers who will Australian Education Act 2013 currently have your wish list; you can go out there and comply with section 44, elected their scale and concentration to the financial about the effect it would have on consumers. This receive reduced interest on their deposits and stands, Commonwealth recurrent funding say, ‘We’re going to give you this money,’ but representatives would have to system - risks that ultimately fall on the broader is in stark contrast to the approach the government pay higher interest rates on their borrowings. varies considerably depending on negotiated unless it is actually there on paper, in black and demonstrate that they had taken Australian community.” has taken on this levy.” Senator Gallagher noted Banking is not a sin that warrants a new sin tax. arrangements by the former Labor government white - I can go out and say, ‘I’m going to give you decisive action to renounce a Mr Morrison noted that “unlike the previous that when the banks were examined by a Senate The welfare recipients and public servants that with state and territory governments. This $1,000,’ when I only have $500 to give. Unless foreign nationality. bank deposits tax measure, which was abolished Committee “they all said that the bank tax will not this $6.2 billion is earmarked for do not deserve means students with the same need in the you produce it, don’t go out there telling lies to the To replace Senators Ludlam by this government, smaller banks will not be simply be absorbed.” the money more than the banks’ shareholders, same sector are treated differently because public. That is exactly what they are doing now.” and Waters will be by count back liable to pay the major bank levy.” The Treasury Senator Peter Whish-Wilson, Australian employees and customers.” of the state in which they live.” She cautioned Senator Derryn Hinch, Derryn Hinch’s and should be relatively straight estimates that the levy is expected to raise around Greens, commented that “I am very glad to say that that “if the current legislation continued without Justice Party, indicated that he would support forward. The Government $1.5 billion a year. Mr Morrison noted that “this Greens policy now for nearly a decade has been Australian Education Amendment Act 2017 amendment, the transition to any form of the legislation and was critical of Labor’s scare does not have a majority in the represents a fair contribution by the banking sector to put a levy on the big banks here in this country. The Australian Education Amendment Act more consistent needs-based funding is not campaign. Senator Hinch stated that “frankly, the Senate. However, in the House to the Australian community and contributes to a This levy is not quite as big as we would like to have provides for far reaching reform of education guaranteed, not even within decades, or even $22 billion Labor scare campaign was a lie. I do of Representatives, the Turnbull long-term balanced budget.” seen, and it may have been structured differently funding and the way funding is allocated within 150 years in some instances.” not like either side when you lie to me. I watched Government has a slender one Mr Morrison commented that “the House of under our policy. Nevertheless the principles are through a needs-based approach. The Minister commented that the legislation those TV commercials and talked to various seat majority. If the election of Representatives Economics Committee’s review the same.’ He noted that ‘the banks have not done The Assistant Minister for Vocational “delivers a robust, needs-based system people on the opposition bench. It was like me a government member in the of the four major banks, commissioned by the themselves any favours in this country. There has Education and Skills, Hon. Karen Andrews, addressing the unfairness in the current funding coming in here today and making a promise House of Representatives was Prime Minister and myself last year, concluded that been scandal after scandal, which a number of us MP, commented that “on 2 May, the Turnbull model by removing the special deals made by the that, in 2045, I will give $60 billion to gambling contested on the grounds of Australia’s banking sector is an oligopoly and that have heard the evidence on. We have heard from government announced an extra $18.6 billion former government that have resulted in students casinos - because I am in favour of gambling section 44(i) and upheld then Australia’s largest banks have significant pricing the victims of financial crime, and I have no doubt in recurrent schools funding on top of already with the same need within the same sector being - and then a new government comes in and this would require a by-election power which they have used to the detriment of that the threat of a royal commission will help.” record and growing funding for Australian treated differently just because of the state in decides they will cut $50 billion of that $60 billion to fill the vacancy. This is the everyday Australians. This is not a situation that I or Senator Nick Xenophon, Nick Xenophon schools over the next 10 calendar years.” Ms which they live.” and will not give it. So I then run a TV campaign biggest danger for the Turnbull the government are willing to accept.” Team NXT, noted that the NXT supports the Andrews noted that “we will move to a truly The Opposition Labor Party was opposed saying the government are bastards; they have Government because if it lost Mr Morrison cautioned the banks that the levy broad principles of the bank levy. He commented needs-based approach that means that the to the revised funding model. The Shadow cut $50 billion from James Packer’s coffers - $50 a by-election it would be very is not an excuse to charge customers more. He that “one of the main reasons is that this will same student with the same need attracts the Minister for Education, Hon. Tanya Plibersek, billion that was not there in the first place.” difficult for it to govern.

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determined on the basis of gratitude to the 125 crore vest their will and hopes in humanism. This is the India of our population of the States in citizens of India and promised to these representatives. In turn, dreams, an India that will provide INDIA ELECTS ITS PRESIDENT accordance with the manner stay true to the trust they have the people’s representatives equality of opportunities. This will laid down in the Constitution. bestowed on him. Recalling devote their lives to the service be the India of the 21st century.” India elects its President office for a period of five years the Constitution of India, the however, are provided by the The Constitution (Eighty-fourth that India would be completing of the nation. He said “but our Earlier, on 23 July 2017, Shri Ram Nath Kovind was from the date on which they election of the President is held Election Commission of India Amendment) Act, 2001 provides 70 years of its Independence endeavours are not for ourselves the Members of Parliament sworn in as the 14th President of enter upon their office. They in accordance with the system for any MP to vote in the capital that until the population figures soon, the President said “we alone. Down the ages, India bid farewell to the outgoing the Republic of India by the Chief shall, however, continue to of proportional representation of a State and similarly an MLA for the first census to be taken need to build an India that is an has believed in the philosophy President of India, Shri Pranab Justice of India, Justice Jagdish hold office notwithstanding by means of single transferable may vote at the polling booth after the year 2026 have been economic leader as well as a of Vasudhaiva Kutumbakam Mukherjee in a function held in Singh Khehar on 25 July 2017 in the expiry of their term, until vote and the voting is held by set up in the Parliament House, published, the population of moral exemplar. For us, those (the World is My Family). It is the Central Hall of Parliament a special function at the Central their successor enters upon secret ballot. Every elector can New Delhi if he is in Delhi on the the States for the purposes of two touchstones can never be appropriate that the land of Lord House. The Vice-President of Hall of Parliament. He was the their office. The President is mark as many preferences, as date of poll. However, the MP or calculation of value of the votes separate. They are and must Buddha should lead the world in India and Chairman of Rajya ruling National Democratic elected in accordance with the there are candidates contesting MLA who opts to vote in a place for the Presidential Election forever be linked.” its search for peace, tranquility Sabha, Shri M. Hamid Ansari; Alliance (NDA) candidate for provisions of the Constitution the election. Members of the other than the place where the shall mean the population as Emphasizing that the key to and ecological balance.” Prime Minister, Shri Narendra the office of President and and the Presidential and Vice- Electoral College can vote Member is designated to vote is ascertained at the 1971 census. India’s success is its diversity, Shri Kovind said: “India’s Modi; Speaker of Lok Sabha, emerged victorious against Presidential Elections Act, 1952. according to their wish and are required to intimate the same to The value of the vote of each he said “Our diversity is the core voice counts in today’s world. Smt. Sumitra Mahajan were the Opposition candidate, Smt. The said Act is supplemented by not bound by any party whips. the Election Commission well in Member of a State Legislative that makes us so unique. In this The entire planet is drawn to also present at the function. Meira Kumar, a former Union the provisions of the Presidential The voting is by secret ballot. advance to make the necessary Assembly included in the land we find a mix of states and Indian culture and soft power. Speaking on the occasion, Minister and former Speaker of and Vice-Presidential Elections Therefore, the party whip does arrangements. In exceptional Electoral College is calculated regions, religions, languages, The global community looks to Shri Pranab Mukherjee said he Lok Sabha. Shri Kovind received Rules, 1974, and the said Act not apply in this election. By circumstances, MPs and MLAs by dividing the population of the cultures, lifestyles and much us for solutions to international was a creation of the Parliament 2,930 votes (valued 7,02,044) under Rules form a complete convention, the Secretary- may also be permitted by the State concerned (as per 1971 more. We are so different and problems – whether terrorism, – an individual whose political and Smt. Kumar got 1,844 votes Code regulating all aspects General of Lok Sabha or the Commission to vote at other census) by the total number yet so similar and united.” money laundering or climate outlook and persona has (valued 3,67,314). There were a of conduct of elections to the Secretary-General of Rajya State capitals. of elected Members of the He said: “The India of the change. In a globalised world, our been shaped by this temple total of 4,774 valid ballot papers Office of the President. Sabha is appointed as the The ballot papers are printed Assembly, and then further 21st century will be one that is responsibilities are also global.” of democracy. Recalling his representing 1,069,358 votes. Returning Officer, by rotation. For in two colours - in green for use dividing the quotient by 1,000. If in conformity with our ancient This links us to our global first entry in to the portals of Born on 1 October 1945, in Election Procedure the 2017 Presidential Election, by Members of Parliament and in the remainder, while so dividing values as well as compliant with family, our friends and partners Parliament, 48 years ago, at the Uttar Pradesh’s Kanpur Dehat, The President of India is the Secretary-General of Lok pink for use by the Members of is 500 or more, then the value is the Fourth Industrial Revolution. abroad, and our diaspora, that age of 34, he said that his 37 Shri Ram Nath Kovind is an elected by an Electoral College, Sabha, Shri Anoop Mishra was the State Legislative Assemblies. increased by ‘1’. The total value There is no dichotomy there, contributes in so many ways year parliamentary career as a Advocate by profession. He consisting of the elected the Returning Officer. The ballot papers are printed in of votes of all Members of each no question of choice. We across the world. It brings us Member of Lok Sabha and Rajya became a Member of Rajya Members of both Houses of Normally Members of Hindi and English for use by MPs State Assembly is worked out must combine tradition and to the support of other nations, Sabha had been instructive Sabha from Uttar Pradesh in Parliament and the elected Parliament vote in New Delhi and in the official language(s) of by multiplying the number of technology, the wisdom of an whether by extending the and educative. He recalled that 1994 and served as an MP for Members of the Legislative and the Members of the the State and in English for use by elective seats in the Assembly age-old Bharat and the science of umbrella of the International Solar during those days, both the two consecutive terms until 2006. Assemblies of all the States and State Legislative Assemblies, the MLAs of the State concerned. by the number of votes for each a contemporary India.” He said as Alliance or being first responders Houses of the Parliament used He was Chairman of the House also of National Capital Territory including the Members of the The value of votes of MLAs Member in the respective State. the Gram Panchayat (village level following natural disasters. to reverberate with animated Committee of Rajya Sabha. Shri (NCT) of Delhi and the Union Legislative Assemblies of NCT differs from State to State. The total value of votes of local self-government body) must While India has achieved discussions and illuminative and Kovind was appointed as the Territory (UT) of Puducherry. of Delhi and UT of Puducherry However, the value of votes of all the States worked out as determine India’s consultative a lot as a nation, there should exhaustive debates on social Governor of the State of Bihar in Nominated Members cannot vote at the place fixed in each all MPs is the same. The value above in respect of each State and community based problem be relentless effort to do more, and financial legislations. August 2015 and had resigned vote in this election. As per State/UT capital. Facilities, of votes of electors is basically and added together is divided solving, the Digital Republic to do better and to do faster. Shri Mukherjee mentioned from the post to contest the by the total number of elected must help India leapfrog This is especially so as India that the recent passage of Presidential Election. Members of Parliament (Lok developmental milestones. approaches the 75th year of Goods and Services Tax and Under the Constitution of Sabha 543 plus Rajya Sabha These are the twin pillars of its independence in 2022. The its launch on 1 July 2017 was a India, there shall always be a 233) to get the value of votes national endeavour. President said: “What must shining example of co-operative President of India. They hold of each Member of Parliament. The President of India also bother us is our ability to federalism and spoke volumes of the highest elective office in The total value of votes of all mentioned that nations are not enhance access and opportunity the maturity of Indian Parliament. the country and the executive 4,120 elected Members of built by governments alone. for the last person and the Shri Mukherjee said that he had power of the Union is vested all Legislative Assemblies is The government can at best last girl-child from an under- the privilege of being a witness in the President. The supreme 5,49,495. The total value of be a facilitator, and a trigger for privileged family if I may put it and a participant in the unfolding command of the Defence Forces votes of all the 776 elected society’s innate entrepreneurial so, in the last house in the last scenario of the emergence of a is also vested in them. A Bill Members of Parliament (Lok and creative instincts. He said village. This must include a quick great India. He was concerned passed by Parliament becomes Sabha 543 and Rajya Sabha each citizen of India is a nation and affordable justice delivery that there was a decline in an act only after receiving their 233) is 5,49,408. The total value builder and each one of them system in all judicial forums.” parliamentary time devoted to assent. The President holds of votes of 4,896 electors for the is a custodian of India’s well- Shri Kovind said: “We need legislation. He suggested that Presidential Election in 2017 was being and of the legacy that to sculpt a robust, high growth with the heightened complexity Right: Shri Ram Nath Kovind (right) 10,98,903 (5,49,495 + 5,49,408). will be passed on to coming economy, an educated, ethical of administration, legislation th being sworn in as 14 President of After his swearing in as the generations. and shared community, and an must be preceded by scrutiny India by the Chief Justice of India, President of India, Shri Kovind Shri Kovind pointed egalitarian society, as envisioned and adequate discussion. Shri J. S. Khehar (left) in the Central addressing the distinguished out that people elect their by Mahatma Gandhi and Deen He stressed that when the Hall of the Parliament of India on gathering assembled in the representatives from the Gram Dayal Upadhyay ji. These Parliament fails to discharge its 25 July 2017. Central Hall expressed his Panchayat to Parliament; they are integral to our sense of law-making role or enacts laws

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without discussion, it breaches the trust reposed in it by the people. Shri Mukherjee said that THIRD READING: INDIA he had greatly benefitted from the advice and co-operation The Constitution (Scheduled Castes) The Government thereafter decided There were also proposals that workers private and public, recognise the need to persons, based on one or more HIV-related extended by Prime Minister Shri Orders (Amendment) Bill, 2017 to carry amendments in the Employee’s employed in the organised and unorganised safeguard the rights of people infected with grounds, and the expression “discriminate” to Narendra Modi at every step. In pursuance of the provisions of clause (1) of article Compensation Act, 1923 to bring into effect the sectors, sustaining injuries at their workplace, HIV/AIDS, particularly, women and children. be construed accordingly. The Vice-President of India 341 of the Constitution of India, Presidential Orders recommendations of the Law Commission. The need to be made eligible for higher compensation The Government, therefore, proposed, inter It has been further provided that HIV- and Chairman of Rajya Sabha, were issued specifying Scheduled Castes in respect Government accordingly brought forward the from employers. There is a need for recognition of alia, to prohibit certain specific acts of HIV-related related grounds for discrimination include: Shri M. Hamid Ansari said that of various States and Union territories. These Orders Employee’s Compensation (Amendment) Bill, the dignity of labour. Some Members expressed discrimination, provide for informed consent for (i) being an HIV-positive person; Shri Mukherjee’s contributions had been amended from time to time by Acts of 2017 with following amendments: concern over the delay in introducing the undertaking a HIV test or treatment and also for (ii) ordinarily living, residing or cohabiting in enriching the national life, Parliament enacted under clause (2) of article 341 of • making it obligatory on the employer Minimum Wages (Amendment) Bill. disclosure of HIV status to ensure confidentiality with a person who is a HIV positive person; parliamentary institutions the Constitution. to inform the employee of his rights to The Minister in his reply assured to address and privacy, obligation of the establishments (iii) ordinarily lived, resided or cohabited and political discourse are The State Government of Odisha had proposed compensation under the Act, in writing as the concerns expressed by Members. The Bill to provide for a safe working environment, to with a person who was HIV-positive. highly regarded along with his for inclusion of synonymous communities in respect well as through electronic means; was passed by Lok Sabha on 9 August 2016. safeguard the rights of people infected with • ‘healthcare provider’ has been defined to mean unshakable belief in the idea of of entry 79 of the list relating to Sabakhia community • to enhance the penalty amount for various Rajya Sabha passed the Bill with amendments HIV/AIDS, particularly women and children, and any individual whose vocation or profession is India. Lauding the contribution in the Scheduled Caste list. The Registrar General violations under the Act from the existing which were mainly technical nature such as establish formal mechanisms for redressing directly or indirectly related to the maintenance of Shri Mukherjee as a of India and the National Commission for Scheduled amount of five thousand rupees to fifty change in year etc., on 22 March 2017. Lok grievances and inquiring into complaints. of the health of another individual and includes Parliamentarian, Shri Ansari said Castes had conveyed their concurrence to the thousand rupees which may be extended Sabha agreed to the amendments made by Towards this end the Government brought any physician, nurse, paramedic, psychologist, that he strove to raise the level proposed modifications. to one lakh rupees; Rajya Sabha on 5 April 2017. The Bill as passed forward the Human Immuno Deficiency Virus counselor or other individual providing medical, of debates and discussions in Consequent upon the change of name of the • to make the employer liable to penalty for by both Houses of Parliament was assented to and Acquired Immune Deficiency Syndrome nursing, psychological or other healthcare Parliament by erudite articulation Union Territory of Pondicherry to Puducherry, failure to inform the employee of his rights by the President of India on 12 April 2017. (Prevention and Control) Bill, 2017. services including HIV prevention and on issues of public importance. the reference of Pondicherry appearing in the to compensation under the Act; treatment services. The Speaker of Lok Constitution (Pondicherry) Scheduled Castes • to revise the minimum amount involved in the The Human Immune Deficiency Virus and Salient Features of the Bill: Some of the key • ‘informed consent’ means consent given by Sabha, Smt. Sumitra Mahajan Order, 1964 is required to be changed, as a dispute for which appeal can be filed to the Acquired Immune Deficiency Syndrome terms defined in the definitely clause are as under:- any individual or his representative specific observed that Shri Mukherjee consequential amendment. High Court, from the existing three hundred (Prevention and Control) Bill, 2017 • ‘AIDS’ has been defined to mean Acquired to a proposed intervention without any always held the institution of The Government accordingly brought forward rupees to ten thousand rupees or such higher At present, India is estimated to have 2.39 million Immune Deficiency Syndrome, a condition coercion, undue influence, fraud, mistake Parliament and its traditions in the Constitution (Scheduled Castes) Orders amount as the Central Government may, by people living with HIV/AIDS (PLHIV), the third characterised by a combination of signs or misrepresentation and such consent the highest regard and upheld (Amendment) Bill, 2017 to give effect to the above, notification, specify; highest number after South Africa and Nigeria. and symptoms, caused by Human obtained after informing such individual the dignity and decorum of accordingly brought forward the following two • to omit section 30A of the Act which Currently, the epidemic is ‘concentrated’, i.e., the Immunodeficiency Virus, which attacks and or his representative, as the case may both the Houses. He earned the Constitution (Scheduled Castes) Orders, namely: empowers the Commissioner to withhold Human Immunodeficiency Virus (HIV) is more weakens the body’s immune system making be, such information, as specified in the respect of all with his disarming (i) the Constitution (Scheduled Castes) payment to an employee of any sum in prevalent in high risk groups such as female the HIV-positive person susceptible to life guidelines, relating to risks and benefits of, persuasive skills, intellectual Order, 1950; in respect of Odisha; and deposit with him where an appeal is filed in sex workers, men-who-have-sex-with-men threatening conditions or other conditions, as and alternatives to, the proposed intervention farsightedness and unwavering (ii) the Constitution (Pondicherry) the High Court by an employer. This omission and injecting drug users. It was, therefore, felt may be specified from time to time; in such language and in such manner commitment to the basic tenets Scheduled Castes Order, 1964. will provide relief to the employees as the important for these groups to access services • ‘capacity to consent’ means the ability of as understood by that individual or his of parliamentary democracy and The measures got unanimous consent from amount can now be withheld only when there such as treatment of sexually transmitted an individual, determined on an objective representative, as the case may be; political pluralism. She praised all sections of both Houses of Parliament. The is a stay or order to that effect by the High infections, HIV testing, condoms, clean needles basis, to understand and appreciate the • ‘significant risk’ has been defined to mean: Shri Mukherjee for possessing Bill was passed by Lok Sabha on 23 March Court in cases where the appeal has been and syringes to prevent transmission of HIV to nature and consequences of a proposed (a) the presence of significant-risk body impeccable knowledge of 2017 and by Rajya Sabha on 10 April 2017. filed by the employer. the general population. action and to make an informed decision substances; (b) a circumstance which constitutional and parliamentary The Bill as passed by both Houses of Parliament As the route of transmission is primarily concerning such action; constitutes significant risk for transmitting or rules and procedures and was assented to by the President of India on 28 Debate: The Minister-in-Charge of the Bill sexual, there is a stigma arising out of HIV • ‘child affected by HIV’ means a person contracting HIV infection; or (c) the presence of exemplary memory of events April 2017 while piloting the legislation inter alia stated that infection and those affected by it leading below the age of eighteen years, who is an infectious source and an uninfected person. and precedents. She said that labourers or the workers play a significant role in to discrimination which includes denial of, HIV-positive or whose parents or guardian In the Explanation it has been clarified that: Shri Mukherjee had been a The Employee’s Compensation building the nation. In the Amending Bill, there and access to, healthcare and treatment; (with whom such a child normally resides) • ‘significant-risk body substances’ are guru from whom generations of (Amendment) Bill, 2017 were four proposals in regard to injury, industrial discrimination against admission or continuance is HIV-positive or has lost a parent or blood, blood products, semen, vaginal Parliamentarians have received The Employee’s Compensation Act, 1923 provides accident, death or disablement. The Minister of their children in schools; denial of, and/or guardian (with whom such a child resided) secretions, breast milk, tissue and the body lessons on the operational for payment of compensation to the employees and further stated that it also addresses occupational removal from, employment and denial of various due to AIDS or lives in a household fluids, namely, cerebrospinal, amniotic, dynamics of our parliamentary their dependants in the case of injury by industrial diseases. Provision has been made for increasing services including insurance, medical benefits, fostering children orphaned by AIDS; peritoneal, synovial, pericardial and pleural; polity. With his thoughtfulness accidents including certain occupational diseases the penalty from Rs. 5,000/- to Rs. 50,000/-. etc., in both public and private establishments. • ‘discrimination’ has been defined to mean • ‘circumstances which constitute significant and wisdom, he brought dignity arising out of and in the course of employment There is also a penalty for failure to display in Given this situation, it was felt necessary any act or omission which directly or indirectly, risk for transmitting or contracting HIV and respect to the august office resulting in death or disablement. the measure. Finally, there is also provision for to address the issue of the stigma faced by expressly or by effect, immediately or over infection’ are: a) sexual intercourse including of the President. The Law Commission of India, in its 62nd Report payment of compensation. those infected by HIV and AIDS, to ensure a period of time: (i) imposes any burden, vaginal, anal or oral sexual intercourse which The Vice-President of India, of 1974 and 134th Report of 1989, recommended The Bill was welcomed by Members as it would help confidentiality and privacy while providing HIV obligation, liability, disability or disadvantage exposes an uninfected person to blood, Shri Ansari and the Speaker to review or amend or repeal various provisions of all sections of the community, basically the employees and AIDS related services and to strengthen on any person or category of persons, based blood products, semen or vaginal secretions of Lok Sabha, Smt. Sumitra the Employee’s Compensation Act, 1923. Some working in the industry. It also recognises the importance the existing National AIDS Control Programme on one or more HIV-related grounds; or (ii) of an HIV-positive person; b) sharing of Mahajan presented memento recommendations made by the Law Commission of of workers and employees. It would go a long way to take by bringing in legal accountability. It was felt denies or withholds any benefit, opportunity needles and other paraphernalia used for to Shri Mukherjee on the India had already been implemented. care of the interest of the workmen. important that existing establishments, both or advantage from any person or category of preparing and injecting drugs between HIV- occasion.

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positive persons and uninfected persons; shall not be required where a court determines, Management for people living with AIDS. Editorial Advisory Board for The Parliamentarian c) the gestation, giving birth or breast by an order that the carrying out of the HIV In Chapter VII detailed provisions have been The recently established Editorial Advisory Board for The In June 2017, the CPA Headquarters Secretariat finalized the feeding of an infant when the mother is test of any person either as part of a medical laid down in regard to Welfare Measures by the Parliamentarian, the Commonwealth Parliamentary Association’s recommendations of the Executive Committee and established the an HIV-positive person; d) transfusion of examination or otherwise, is necessary for the Central Government and State Governments. flagship quarterly publication and the Journal of Commonwealth Editorial Advisory Board which includes members from the CPA’s nine blood, blood products, and transplantation of determination of issues in the matter before Central Government have also been obligated Parliaments is published here for the first time. regions, a representative from the CWP, a youth representative and an organs or other tissues from an HIV-positive it, for procuring, processing, distribution or use to promote HIV and AIDS related information, At the CPA Executive Committee, Mid-Year Meeting in April 2016 international law specialist. person to an uninfected person, provided of a human body or any part thereof including education and communications programmes. in London, the Committee approved the creation of the Editorial The current members of the Editorial Advisory Board commenced such blood, blood products, organs or other tissues, blood, semen or other body fluids for Further, Central Government have also been Advisory Board to advise the Editor of The Parliamentarian and the their term on 1 July 2017 with the terms of members on the board tissues have not been tested conclusively use in medical research or therapy and where required to lay guidelines for care, support and CPA Headquarters Secretariat on the journal’s direction and editorial staggered over one and two year terms to ensure continuity on the for the antibody or antigen of HIV and the test results are requested by a donor prior treatment of children with HIV or AIDS. content for the years ahead. Board over the coming years. have not been rendered non-infective by to donation, the donor shall be referred to Provisions have also been made in regard Following a recruitment selection, consultation and approval For further information about the work of the Editorial Advisory heat or chemical treatment; and e) other counselling and testing centre and such donor to a ‘Safe Working Environment’ dwelling process, the final membership of the Editorial Advisory Board was Board or to find out how to apply for future positions on the board circumstances during which a significant-risk shall not be entitled to the results of the test upon the obligation of establishments to approved at the CPA Executive Committee Mid-Year Meeting in please contact the Editor via email [email protected]. body substance, other than breast milk, of an unless he received post-test counselling from provide safe working environments; general Darwin, Australia in April 2017. HIV-positive person contacts or may contact such centre and provide for epidemiological responsibility of establishments; and grievance mucous membranes including eyes, nose or surveillance purposes where the HIV test redressal mechanism. or mouth, non-intact skin including open is anonymous and is not for the purpose Strategies have also been laid down for Editorial Advisory Board for The Parliamentarian wounds, skin with a dermatitis condition or of determining the HIV status of a person reduction of risk. It has been provided that any Members (as at 1 July 2017) abraded areas or the vascular system of and the persons who have subjects of such strategy or mechanism or technique adopted or an uninfected person, and including such epidemiological or surveillance studies shall be implemented for reducing the risk of organizations Africa Region: circumstances not limited to needle-stick or informed of the purposes of such studies and in the manner as may be specified in the guidelines • Mr George Njoroge, Research Officer, Kenya National Commission Commonwealth Women Parliamentarians (CWP): puncture wound injuries and direct saturation for screening purposes in any licensed blood issued by the Central Government and shall not be for UNESCO; Former Chairperson of the Commonwealth Students’ • Vice-Chairperson, CWP - Hon. Poto Williams MP (New Zealand) - 1 or permeation of these body surfaces by the bank. Certain guidelines have been provided for restricted or prohibited in any manner, and shall not Association - 2 year term (2017-2019). year term (2017-2018). significant -risk body substance. testing centres. amount to a criminal offence or attract civil liability. Section 3 of the Bill contains provisions Chapter IV contains provisions in regard to An explanation has been provided to define ‘the Asia Region: Additional Members: regarding the prohibition of certain acts. It has disclosure of HIV status. It has been provided strategies for reducing risk of HIV transmission’. • Mr Zafarullah Khan, Executive Director, Pakistan Institute for • Eminent Person - Mr Karim A. A. Khan QC, Barrister, Human rights been provided that no person shall, by words, that no person shall be compelled to disclose Illustrations have been provided in this regard. Parliamentary Services - 1 year term (2017-2018). & International relations, President of the ICCBA (The International either spoken or written, publish, propagate, his/her HIV status except by an order that the In Chapter X provisions have been Criminal Court Bar Association) - 2 year term (2017-2019). advocate or communicate by signs or by visible disclosure of such information is necessary enumerated for the appointment of an Australia Region: • Youth Representative - Ms Mercy F. Zulu – Research Analyst, Youth representation or otherwise the feelings of in the interest of justice for determination of Ombudsman. Every State Government • Ms Verity Barton MP, Queensland Parliament and Commonwealth Ambassador and Your Commonwealth website correspondent, hatred against any protected person or group issues in the matter before it and no person has been required to appoint one or more Women Parliamentarians Queensland Board Member- 1 year term Zambia - 2 year term (2017-2019). of protected person in general or specifically shall disclose or be compelled to disclose the Ombudsman (a) possessing such qualification (2017-2018). or disseminate, broadcast or display any HIV status or any other private information of and experience as may be prescribed, or (b) Ex-Officio Members: information, advertisement or notice, which may other person imparted in confidence or in a designate any of its officers not below such British Islands and Mediterranean Region: • Secretary-General of the Commonwealth Parliamentary Association, reasonably be construed to demonstrate an relationship of a fiduciary nature, except with rank, as may be prescribed by the Government. • Mr Carl Wright, Secretary-General Emeritus, Commonwealth Local Mr Akbar Khan intention to propagate hatred or which is likely the informed consent of that other person Provisions have been detailed in regard to Government Forum - 2 year term (2017-2019). • Editor of The Parliamentarian, Mr Jeffrey Hyland to expose the protected persons to hatred, or a representative of such another person the powers of an Ombudsman procedure for discrimination or physical violence. obtained in the manner as specified and the compliance, the orders of an Ombudsman, and Canada Region: Stand-by list: In Chapter III provisions have been given fact of such consent has been recorded in authorities to assist an Ombudsman. • Ms Audrey O’Brien, Former Clerk, Canada Federal Parliament - 2 • Ms Pru Goward MP, New South Wales Legislative Assembly, in regard to informed consent for those writing by the person making such disclosure Chapter XI deals with ‘Special Provisions’, year term (2017-2019). Minister in NSW and former journalist, Australia undertaking HIV test or treatment. It has been and in case of a relationship of a fiduciary which dwell upon right of residence; HIV-related • Mr Andrew Mackinlay, Former MP, UK Parliament, 13 years as provided that no HIV test shall be undertaken nature, informed consent shall be recorded information, education and communication Caribbean, Americas and Atlantic Region: member of the House of Commons Foreign Affairs Select Committee or performed upon any person or no protected in writing. It has also been provided that no before marriage; persons in care or custody of • Ms Mickia L Mills - Youth Coach, Law Tutor, Former Commonwealth and OSCE Parliamentary Assembly,. UK person shall be subjected to medical treatment, healthcare provider except a physician or state; recognition of guardianship of an older Young Parliamentarian, Nevis - 1 year term (2017-2018). • Mr Akaash Maharaj, Chief Executive Officer, Global Organization of medical interventions or research, except with counselor, may disclose the HIV-positive sibling, and living wills for guardianship and Parliamentarians Against Corruption (GOPAC), Canada the informed consent of such person or his status of a person under his direct care to his testamentary guardianship. India Region: representative and in such manner, as may or her partner. Finally, provisions have also been made for • Dr (Mrs) Mrudula Phadke, Paediatrician and Chairperson, The composition of the Editorial Advisory Board is: be specified in the guidelines. The informed Chapter V contains provisions in regard Special Procedures in Court and Penalties. Commonwealth Health Professionals Alliance (CHPA), Ex Vice • Minimum of nine members of the Editorial Advisory Board from each consent for HIV test shall include pre-test and to obligations on Establishments. The key The Bill was welcomed as a much needed Chancellor, Maharashtra University of Health Sciences, India - 2 year of the nine regions of the CPA post-test counselling to the person being tested provisions in this regard are: and awaited legislation by Members from both term (2017-2019). • 1 representative for the Commonwealth Women Parliamentarians (CWP) or such person’s representative in the manner as • Every establishment needs to keep records of Houses of Parliament. The Bill was passed by • Additional Members can be appointed to represent youth, eminent may be specified in the guidelines. HIV-related information of protected persons. Rajya Sabha on 21 March 2017 and by Lok Pacific Region: persons and other specialist areas – up to three additional Members. It has also been provided that informed • The Central Government is required to notify Sabha on 11 April 2017. The Bill as passed by • Hon. Paul Foster-Bell MP, New Zealand - 1 year term (2017-2018). • Two members from the CPA Headquarters Secretariat (Ex-officio) consent not required for conducting HIV model HIV and AIDS policy for establishments. both Houses of Parliament was assented to • Total of up to 15 Members. tests in certain cases. It seeks to provide that Chapter VI contains provisions regarding Anti- by the President of India on 20 April 2017. South-East Asia Region: informed consent for conducting a HIV test Retroviral Therapy and Opportunistic Infection • Hon. Mr. Zairil Khir Johari MP, Malaysia - 1 year term (2017-2018).

270 | The Parliamentarian | 2017: Issue Three The Parliamentarian | 2017: Issue Three | 271 Commonwealth Parliamentary Association Commonwealth Parliamentary Association (CPA) (CPA)

CPA Patrons, Officers, Executive Committee, Regional Representatives, Commonwealth CARIBBEAN, AMERICAS PACIFIC CPA Regional Women Parliamentarians (CWP) Steering Committee and CPA Headquarters Secretariat AND THE ATLANTIC CANADA Secretaries Mr Blair Armitage Patrons Hon. Laura Tucker- Hon. Niki Rattle Parliament of Canada AFRICA Longsworth, MP Speaker of Parliament, Dr Thomas Kashililah PATRON: VICE-PATRON: (2016-17) Speaker of Parliament, Belize Cook Islands CARIBBEAN, AMERICAS & Parliament of Tanzania Her Majesty Queen Elizabeth II H. E. Sheikh Hasina Acting Regional Representative (2014-2017) ATLANTIC Head of the Commonwealth Prime Minister of Bangladesh (2014-2017) Ms Heather Cooke ASIA Hon. Nafoitoa Talaimanu Parliament of Jamaica Mr Syed Shamoon Hashmi Hon. Anthony Michael Keti, MP Parliament of Pakistan Perkins, MP Deputy Speaker of the INDIA CPA Executive Committee Speaker of the National Assembly, Legislative Assembly, Samoa Shri Anoop Mishra AUSTRALIA Saint Kitts and Nevis (2015-2018) Parliament of India Executive Committee Members’ dates of membership are indictated below each name. Correct at time of printing. Mr Tom Duncan (2015-2018) Australia Capital Territory Hon. Paul Foster-Bell, MP PACIFIC

Portrait of The Queen © John Swannell/Camera Press Legislative Assembly Officers Regional Hon. Leroy C. Rogers, MLA New Zealand Ms Wendy Hart PRESIDENT: (2016-2017): Representatives Speaker of the House of Acting Regional Representative Parliament of New Zealand BRITISH ISLANDS & Hon. Dr Shirin Sharmin Assembly, Anguilla (2016-2019) MEDITERRANEAN Chaudhury, MP AFRICA ASIA BRITISH ISLANDS AND (2016-2019) SOUTH-EAST ASIA Mr Andrew Tuggey Speaker of Parliament, Bangladesh MEDITERRANEAN Mrs Roosme Hamzah Parliament of the United Kingdom INDIA SOUTH-EAST ASIA Parliament of Malaysia VICE-PRESIDENT: Hon. Mutimura Zeno, MP Hon. Mian Tariq Mehmood, MPA Hon. Derek Thomas, MLC Vacant Rwanda Punjab, Pakistan St Helena CPA Headquarters Secretariat (2014-2017) (2014-2017) (2014-2017) Hon. Dr Sitasharan Sharma, MLA Dr Lim Biow Chuan, MP CHAIRPERSON OF THE Speaker of the Legislative Deputy Speaker, Singapore Mr Akbar Khan EXECUTIVE COMMITTEE Rt Hon. Themba Msibi, MP Hon. Imran Ahmad, MP Vacant Assembly, Madhya Pradesh (2014-2017) 7th Secretary-General (2014-2017): Speaker of Parliament, Swaziland Bangladesh United Kingdom (2014-2017) Hon. Dr Shirin Sharmin (2014-2017) (2015-2018) (2015-2018) Hon. Datuk Seri Dr Ronald Commonwealth Parliamentary Tel: +44 (0)20 7799 1460 Chaudhury, MP Shri Feroze Varun Gandhi, MP Kiandee, MP Association, CPA Secretariat, Fax: +44 (0)20 7222 6073 Speaker of Parliament, Bangladesh Hon. Emilia Monjowa Lifaka, MP Hon. Dr Fehmida Mirza, MP Vacant Lok Sabha, India Deputy Speaker, Malaysia Suite 700, Westminster House, Email: [email protected] Deputy Speaker of Parliament, Pakistan Northern Ireland (2015-2018) Acting Regional Representative 7 Millbank, London SW1P 3JA, www.cpahq.org VICE-CHAIRPERSON Cameroon (2016-2019) (2016-2019) (2015-2018) United Kingdom (2016-2017): (2015-2018) Shri Kavinder Gupta, MLA Hon. Emilia Monjowa Lifaka, MP Also Vice-Chairperson of the Speaker of the Legislative Hon. Datuk Wira Haji Othman Deputy Speaker, Cameroon Executive Committee AUSTRALIA CANADA Assembly, Jammu and Kashmir Muhamad, MP A full listing of the CPA Branch Directory can be Also Regional Representative for (2016-2017) (2016-2019) Speaker, Malacca found at: www.cpahq.org Africa Region (2015-2018) Hon. Kezia Purick, MLA Vacant (2016-2019) Rt Hon. Umar Buba Jibril, MP Speaker of the Legislative Yukon TREASURER (2016-2019): Deputy House Leader, Nigeria Assembly, Northern Territory (2014-2017) Commonwealth Women Parliamentarians (CWP) Steering Committee Hon. Vicki Dunne, MLA (2015-2018) (2014-2017) Deputy Speaker, Australian PRESIDENT: ASIA CANADA INDIA Capital Territory Hon. Bernard Songa Hon. Russell Paul Wortley, MLC Hon. Alexandra Mendes, MP Hon. Sagufta Yasmin, MP Hon. Vijayakala Maheswaran, MP Hon. Linda Reid, MLA Hon. Meenakashi Lekhi, MP Sibalatani, MP President of the Legislative Canada Bangladesh Sri Lanka Speaker of the Legislative India (2014-2017) CHAIRPERSON OF THE Vice-Chairperson of National Council, South Australia (2015-2018) (2016-2017) (2015-2018) Assembly, British Columbia, COMMONWEALTH WOMEN Council, Namibia (2015-2018) Canada PACIFIC PARLIAMENTARIANS (CWP) (2016-2019) CHAIRPERSON AUSTRALIA (2014-2017) Hon. Munokoa Poto Williams, MP (2016-2019): Hon. John Ajaka, MLC Hon. Jackson Lafferty, MLA Hon. Dr Dato’ Noraini Hon. Michelle O’Byrne, MP New Zealand (2014-2017) Hon. Dr Dato’ Noraini Ahmad, MP Hon. Lazarous C. Chungu, MP President of the Legislative Speaker of Legislative Ahmad, MP Tasmania CARIBBEAN, AMERICAS Also Vice-Chairperson of the Malaysia Zambia Council, New South Wales Assembly, Northwest Territories Malaysia (2016-2019) AND THE ATLANTIC CWP (2016-2017) (2016-2019) (2016-2019) (2016-2019) (2016-2019) Hon. Shirley M. Osborne, MLA CHAIRPERSON OF THE CPA Acting Regional Representative BRITISH ISLANDS AND Speaker of the Legislative SOUTH-EAST ASIA SMALL BRANCHES AFRICA MEDITERRANEAN Assembly, Montserrat Hon. YB Datuk Hajah Norah (2016-2019): Hon. Angela Thoko Didiza, MP Ms Joyce Watson, AM (2015-2018) binti Ahmad, MP Hon. Anġelo Farrugia, MP South Africa Wales Sarawak, Malaysia Speaker of the House of (2016-2019) (2015-2018) (2016-2019) Representatives, Malta

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