Enhancing the impact of Consultative Committees of Parliament
In addition to discussion of the role of oversight committees of
Parliament in reducing corruption, two other important issues were
raised at the Transparency International consultation with
Parliamentarians, where structural reforms are required if corruption is
to be reduced. One is an area in which the system we have increases the
temptation, or perhaps even the need, to be corrupt.
This is our current electoral system, where those seeking election to
Parliament, and indeed to any political body, have to campaign over a
vast area, and combat members of their own party as well as the
opposition. The obvious solution is to change the electoral system, but
another method proposed was to have strict caps on election expenses,
with funds provided by the state. I am not sure this will work, given
the many ways in which money can be spent with no direct connection to
the candidate, which indeed might increase corruption. But I was happy
that the issue had been considered, and some sort of remedy thought
essential.
Standing Orders
The other structural problem we have is the vast size of the Cabinet.
There may be no direct link between the plethora of Ministerial
positions and corruption, but it certainly makes financial controls more
difficult. In addition to the natural desire of any Minister to make a
mark, which requires spending money, the number of Ministers means that
Parliament cannot properly exercise financial controls over the
Executive, since it is holders of Executive office who dominate
Parliament and all its committees.
I have therefore suggested, in my motion to amend Standing Orders,
that, in addition to the Chairmen of the financial oversight committees
not being Ministers, the same should apply to Chairmen of Consultative
Committees. Currently there is absolutely no attention paid to the
Clause in the Standing Orders which specifies that ‘The duty of a
Consultative Committee shall be to inquire into and report upon such
matters as are referred to it by the Chairman or by Parliament,
including any Bill, proposals for legislation, supplementary or other
estimates, statements of expenditure, motions, annual reports or
papers.’
This neglect is possible because it is rarely that either the
Chairman or Parliament refers any such matter to the Consultative
Committee. Instead meetings are taken up, except for the tabling of
reports of agencies under the Ministry, by matters brought up by
members, and these usually relate to concerns within their
constituencies.
I have therefore proposed that the first clause in Standing Orders
relating to Consultative Committees should deal with their duties which
‘will include inquiring into and reporting upon all matters relevant to
the Ministries with regard to Bills, proposals for legislation,
supplementary or other estimates, statements of expenditure, motions,
annual reports or papers.’
Consultative Committee
I have also included in another Clause the provision that ‘Ministers
in charge of subjects on which Bills are proposed shall submit all such
Bills for the observations of the relevant Consultative Committee and
shall preside over special meetings to discuss such Bills.’ This is
because legislation is particularly important and we must introduce
mechanisms to overcome the present fashion of introducing bills without
opportunities for parliamentarians to discuss them at leisure (instead
of only in the context of the cut and thrust of debates in plenary
sessions of Parliament). But I believe it is also important to make it
mandatory for Consultative Committees too to discuss estimates and
statements or expenditure, and help to monitor finances in terms of the
professional objectives of the Ministry.
Parliament is supreme |
At the same time I appreciate the need of my colleagues to discuss
constituency issues, so I have noted in the proposed changes that the
Consultative Committees ‘will not take up matters relating to particular
constituency concerns, with regard to which Ministers are expected to
set aside times in which Members may deal with them and their officials
at the Ministry’. I should note that this will also save a great deal of
time and money, since now a great many officials have to turn up to
Consultative Committees, often simply to sit and stare into space. The
administration of Parliament had in fact decided that this is wasteful
and tried to set a cap on the number of officials who come to
Consultative Committees, but given the current way in which they
function, this has been opposed by Ministers. My proposal will ensure
that members with particular concerns can raise these in the Ministry
and get responses on the spot from relevant officials, who will be able
to consult papers as required and also call up anyone in the regions
whose responses are required.
Parliamentary democracies
I have also suggested that the Selection Committee of Parliament
‘shall appoint the Chairman of each Consultative Committee in
consultation with the Minister or Ministers in charge of the subjects of
such Committee. The Chairmen of Consultative Committees shall not be
Ministers or Deputy Ministers, and at least half of the number of
Chairmen of such Committees shall be members of the Opposition.’ This is
standard practice in most Parliamentary democracies, but I have kept it
open for any Minister who is worried about this to advise on who should
chair meetings, with the possibility of appointing a government member
if there is any special reason for worry. However I believe that, as
happens in other countries, people grow into responsibilities, and if a
collegiate system of conducting business were adopted from the start,
opposition would work together with government to ensure efficiency and
positive outcomes of the consultative process.
At the same time, given the need to liaise closely with relevant
Ministers, I have also suggested that each Committee will also have an
opportunity to meet with the Minister to discuss important issues. This
should be at the Ministry, where a small group could raise issues in a
spirit of accommodation, which will also I hope contribute to good
governance. |