Parliamentary support

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Date:
16 September 2010
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Politics and Government
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Overseas parliamentary news

August 2010

A summary of news from overseas parliaments.

Canada

Quarantine period for politicians turning lobbyist

All members of Parliament, senators and senior staff in the offices of the Leader of the Opposition in both Houses are to be covered by the government's proposed extension of the Lobbying Act, which currently applies to ministers, certain members of their staff, and senior public servants. Under the Act paid lobbyists must register to lobby these 'designated public office holders', and disclose their lobbying contacts with them. Designated public office holders are prohibited from lobbying the Canadian government for five years after leaving office. There has been much publicity about, and a House of Commons investigation into, the lobbying activities of a former MP who lost his seat in the 2008 election.

Press release: Government of Canada to increase parliament's transparency, Treasury Board of Canada Secretariat, 5 August 2010 http://www.tbs-sct.gc.ca/media/nr-cp/2010/0805a-eng.asp

Caucus advisory committees

In order to increase the Conservative parliamentary party's involvement in policy-making, the Prime Minister has created 23 caucus advisory committees, comprising members of both Houses. The committees will help develop new legislation and major policies before they are presented to Parliament, and advise ministers on the most important issues facing their ministries. Ministers will be expected to consult the committees regularly.

Media articles: Ministers expected to consult caucus advisory committees, The Hill Times, 16 August 2010 http://www.thehilltimes.ca/page/view/angelo-08-16-2010; Tory committees will help ministers avoid missteps, The Hill Times, 23 August 2010 http://www.thehilltimes.ca/page/view/caucuscommittees-08-23-2010

Committee's request for documents declined

The Government House Leader said the government would not accede to a committee's request, as part of its inquiry into alleged interference in access to information requests, for a ministerial aide's email correspondence. In his letter to the committee he wrote that ministers are responsible to Parliament for their actions and decisions, and that political communication that might or might not be related to those actions and decisions did not affect that responsibility and, according to parliamentary and constitutional convention, was never disclosed.

Media articles: John Baird thumbs nose at request for Public Works emails, The Globe and Mail, 27 August 2010 http://www.theglobeandmail.com/news/politics/ottawa-notebook/john-baird-thumbs-nose-at-request-for-public-works-emails/article1688159/; Opposition undeterred by Tory refusal to hand over emails, The Globe and Mail, 29 August 2010 http://www.theglobeandmail.com/news/politics/opposition-undeterred-by-tory-refusal-to-hand-over-emails/article1689506/

Norway

Quarantine period for politicians turning lobbyist

Controversy arose when a former minister, who now works for a PR firm, gave advice that ran counter to government policy, although not in an area in which he had held portfolios. The minister, who resigned last October, had been 'quarantined' for six months before he could start work for the PR firm, and for a further six months until October this year before he could undertake work in his former portfolio areas. The Storting's Third Vice President thinks the quarantine period for a former minister should be two years rather than six months and that, with the lobbying industry becoming more aggressive than Norway has been accustomed to, the quarantine rules should be extended to cover the Storting also.

Glossary: Stortinget – Parliament; Vice –President – Deputy Speaker

Media articles: Bjarne Håkon Hanssen slår tilbake, Aftenposten, 2 August 2010 http://www.aftenposten.no/nyheter/iriks/article3753741.ece; Regelverk aldri endret, Aftenposten, 3 August 2010 http://www.aftenposten.no/nyheter/iriks/article3754874.ece

Attendance at committee hearing declined

Committees have the power to hold public hearings and request people's attendance at them. People whose attendance has been requested are free to attend or not, as they wish, and to choose whether or not to answer questions put to them. Two former Ministers of Defence have reportedly declined to attend a hearing to be held as part of an investigation into a possible breach of procurement rules by the armed forces. Some members of the committee concerned have called for a discussion on whether it should be compulsory for people to attend hearings when they have been requested to do so.

Media article: Krohn Devold vil ikke møte til høring i Stortinget, Aftenposten, 23 August 2010 http://www.aftenposten.no/nyheter/iriks/article3779189.ece

Substitute members and conflicts of interest

The President of the Storting informed a substitute member who had asked for clarification that there is nothing in the Storting's rules about what types of work substitute members can undertake, but that in his view the parties should have rules governing what is acceptable, and substitute members should refrain from taking jobs that could put their independence in question. In certain circumstances substitute members, who are elected at a general election from the same party lists as full members, may substitute for full members of the Storting. The substitute member concerned had attended committee meetings on a bill that his intended employer, a PR firm, was lobbying against on behalf of a client.

Glossary: Stortinget – Parliament

Media article: Dropp lobbyist-jobb, Aftenposten, 27 August 2010 http://www.aftenposten.no/nyheter/article3786852.ece

Papua New Guinea

Sitting days

All 107 MPs could face prison sentences or fines the Ombudsman Commission has warned, because of Parliament's failure to sit for 63 days in 2009. The Constitution requires Parliament to meet at least three times within a 12 month period, and in principle for a total of at least nine weeks in that period. The Supreme Court has interpreted nine weeks as meaning 63 days. The Ombudsman Commission lacks the resources for a formal investigation, and has opted for a public awareness programme on leadership responsibilities.

Media article: 10-year jail terms or K10,000 fines possible for failure of House to sit for 63 days, Papua New Guinea Post Courier, 3 August 2010 http://www.postcourier.com.pg/20100803/news01.htm

Queensland

Registration of members' interests

Following on from the Integrity Act 2009, the government has introduced three further Integrity Reform Bills. The Integrity Reform (Miscellaneous Amendments) Bill 2010 includes amendments to the Parliament of Queensland Act 2001 that will provide a statutory basis for the declaration and registration of members' interests, currently covered by the Standing Rules and Orders of the Legislative Assembly. Two registers are maintained: a Register of Members' Interests and a Register of Related Persons' Interests.

Bill: Integrity Reform (Miscellaneous Amendments) Bill 2010, 3 August 2010 http://www.legislation.qld.gov.au/Bills/53PDF/2010/IntegrityRMAB10.pdf

Explanatory note: Integrity Reform (Miscellaneous Amendments) Bill 2010: explanatory notes, 3 August 2010 http://www.legislation.qld.gov.au/Bills/53PDF/2010/IntegrityRMAB10Exp.pdf

Press release: Premier, Next step in delivering a more transparent, accountable political system, 2 August 2010 http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=70908

Statutory basis for members' staff

The second of the Integrity Reform Bills, the Ministerial and Other Office Holder Staff Bill 2010, creates a new stand-alone framework for the employment of staff members to support ministers, the Leader of the Opposition and, where necessary, other non-government MPs, and provides statutory recognition to electorate office staff as a distinct category within the Parliamentary Service.

Bill: Ministerial and Other Office Holder Staff Bill 2010, 3 August 2010 http://www.legislation.qld.gov.au/Bills/53PDF/2010/MinisterOOHSB10.pdf

Explanatory note: Ministerial and Other Office Holder Staff Bill 2010: explanatory notes, 3 August 2010http://www.legislation.qld.gov.au/Bills/53PDF/2010/MinisterOOHSB10Exp.pdf

Press release: Premier, Next step in delivering a more transparent, accountable political system, 2 August 2010 http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=70908

Public interest disclosures

The Public Interest Disclosure Bill 2010, the third of the Integrity Reform Bills, replaces the Whistleblowers Protection Act 1994. The Bill includes MPs among the proper authorities to whom disclosure may be made, provides for them to refer the disclosure to another public sector entity, and states that the Bill does not limit the immunities, powers, privileges or rights of the Legislative Assembly in relation to a public interest disclosure made to an MP. The provisions are similar to those in the current Act.

Bill: Public Interest Disclosure Bill 2010, 3 August 2010 http://www.legislation.qld.gov.au/Bills/53PDF/2010/PublicInDiscB10.pdf

Explanatory note: Public Interest Disclosure Bill 2010: explanatory notes, 3 August 2010 http://www.legislation.qld.gov.au/Bills/53PDF/2010/PublicInDiscB10Exp.pdf

Press release: Premier, Next step in delivering a more transparent, accountable political system, 2 August 2010 http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=70908

Member's failure to disclose gifts

In June the Integrity, Ethics and Parliamentary Privileges Committee found that a now former member had failed to disclose in the Register of Interests payments that he had received. The Committee recommended the House should find the member had committed a contempt of Parliament and should impose a fine. The Speaker has sought legal advice as to whether the Committee's recommendations should be implemented prior to the conclusion of the current criminal proceedings involving the former member.

Hansard: Speaker's statements, Legal advice from Senior Counsel, Record of proceedings (Hansard), 4 August 2010 http://www.parliament.qld.gov.au/view/legislativeAssembly/Hansard/documents/2010.pdf/2010_08_04_WEEKLY.pdf

Media article: Speaker seeks second opinion on Nuttall fine, ABC News, 4 August 2010 http://www.abc.net.au/news/stories/2010/08/04/2973312.htm?site=news

Security review

There will be a review of security after two protestors climbed up scaffolding onto the roof of Parliament House and unfurled a banner as part of a protest by farmers and environmentalists against the expansion of mining. The protestors have been charged with unauthorised trespass and high-risk activities.

Media articles: Queensland parliament roof climb pair charged, Brisbane Times, 4 August 2010 http://www.brisbanetimes.com.au/queensland/queensland-parliament-roof-climb-pair-charged-20100804-11cym.html; 'Furious' Mickel announces Parliament security review, ABC News, 5 August 2010 http://www.abc.net.au/news/stories/2010/08/05/2973893.htm?site=news

Committees

In his submission on the Committee System Review the Speaker advocated delegating much of the consideration and debate of legislation to committees, thus allowing more time in the House for private members' statements and proper debates on topical issues of interest to the public. The Clerk of the Parliament, in his submission, said that a unicameral parliament should have a committee system that encompasses and scrutinises the array of functions/portfolios of government similar to the New Zealand model.

Submissions: Committee System Review Committee, Submissions http://www.parliament.qld.gov.au/view/committees/CSRC.asp?SubArea=inquiries_Submissions

Media articles: Speaker calls for passion in Parliament, ABC News, 10 August 2010 http://www.abc.net.au/news/stories/2010/08/10/2979170.htm; Parliamentary committee system needs 'major change', ABC News, 10 August 2010 http://www.abc.net.au/news/stories/2010/08/10/2978338.htm

Scotland

The chief executive of the Scottish Parliament has written to parliamentary staff and members of Parliament, warning that as part of making savings of at least 15% from Parliament's £78.7 million budget, the number of staff will need to be reduced. The Parliament has 129 members and as at 31 March 2009 employed 504 staff. Questions have been asked in the past about Parliament's running costs and the number and salaries of its staff.

Media article: Top brass in firing line for Holyrood jobs cull, The Scotsman, 26 August 2010 http://thescotsman.scotsman.com/news/Top-brass-in-firing-line.6495243.jp; Taxpayers foot bill of £45,000 per year for every Holyrood worker, The Scotsman, 15 January 2010 http://thescotsman.scotsman.com/holyroodparliamentbuilding/Taxpayers-foot-bill-of-45000.5984922.jp

Solomon Islands

Election of Prime Minister

The Prime Minister's election by the newly elected members of Parliament took place at Parliament on 25 August. The Speaker issued a statement clarifying that the meeting to elect the Prime Minister was not a proceeding of Parliament, and therefore did not need to be open to the public.

Press release: The Speaker, Election of the Prime Minister, National Parliament of Solomon Islands, [August 2010] http://www.parliament.gov.sb/

Pecuniary interests

The Clerk to the Parliament said that members had until early September to declare their private business interests or be barred from being officially inducted as members of Parliament. The declaration is a requirement under Standing Orders, but has been overlooked in the past.

Press release: MP-elects to declare private business interest, Office of the Prime Minister and Cabinet, 23 August 2010 http://www.pmc.gov.sb/content/mp-elects-declare-private-business-interest

Spain

Film making in the Chamber

Following an initial refusal, the Bureau of the Congress of Deputies later agreed to allow scenes for a film about the failed coup attempt of February 1981 to be filmed in the Chamber, where the original events took place. In the past the Bureau has normally turned down requests to film there, but after the Ministry of Culture intervened on the producer's behalf, the Bureau changed its decision. The Speaker said that in future the Bureau will agree to requests that have the government's backing.

Media articles: El Congreso aceptará rodajes con aval oficial, El País, 22 August 2010 http://www.elpais.com/articulo/revista/agosto/Congreso/aceptara/rodajes/aval/oficial/elpepirdv/20100822elpepirdv_3/Tes; Rodajes en el Congreso, El País, 24 August 2010 http://www.elpais.com/articulo/opinion/Rodajes/Congreso/elpepiopi/20100824elpepiopi_8/Tes

Tonga

Parliamentary workshop

A delegation from New Zealand held a series of workshops over three days for MPs, officials and election candidates. The workshops covered aspects of New Zealand's Parliament such as support for Parliament, the role of members, standing orders, transparency and accountability, and elections.

Media article: Tonga reviews New Zealand Parliament process, Pacific Islands Report, 17 August 2010 http://pidp.eastwestcenter.org/pireport/2010/August/08-17-12.htm

Member suspended

The Privilege Committee found that a people's representative had lied to the House in a statement he made in June about spending on renovations to the royal palace. The MP was suspended from the House for two weeks without pay.

Media articles: Pohiva suspended for lying to parliament, Matangi Tonga, 24 August 2010 http://www.matangitonga.to/article/tonganews/parliament/20100824_tonga_pohiva_parliament.shtml; Parliamentary Standing Committee to investigate alleged lying in the House, Matangi Tonga, 23 June 2010 http://www.matangitonga.to/article/tonganews/parliament/20100623_tonga_parliament_pohiva.shtml

United Kingdom

Insufficient time allowed for scrutiny of bills

The House of Commons Political and Constitutional Reform Committee published its letter to the Deputy Prime Minister expressing its concern over the inadequacy of the time allowed for scrutiny of the Parliamentary Voting System and Constituencies, and Fixed-term Parliaments Bills before their second reading.

Report: House of Commons Political and Constitutional Reform Committee, Parliamentary Voting System and Constituencies Bill: report for second reading, HC 422, 2 August 2010 http://www.publications.parliament.uk/pa/cm201011/cmselect/cmpolcon/422/422.pdf

Vanuatu

Political stability

The government is initiating a discussion around introducing legislation to ensure political stability. There have been a number of no confidence motions in the last few years and the Prime Minister said that political accountability, transparency and good governance had suffered as a result. He also said the proposed legislation would be different from Papua New Guinea's Organic Law on Integrity of Political Parties and Candidates, parts of which were recently ruled unconstitutional by Papua New Guinea’s Supreme Court. That law was also originally introduced to help provide political stability.

Media article: Vanuatu may bring in laws to try and ensure political stability, Radio New Zealand International; 2 August 2010 http://www.rnzi.com/pages/news.php?op=read&id=55046

Victoria

Select committee witnesses and contempt

Earlier this year the State Attorney-General directed several ministerial advisers not to attend hearings of the Legislative Council's Standing Committee on Finance and Public Administration. The Committee has now issued a report stating that its investigations have been significantly hindered as a result of the Attorney-General's interference, and has recommended that the Legislative Council resolve to order those witnesses to appear before the Committee.

Report: Legislative Council Standing Committee on Finance and Public Administration, Inquiry into Victorian government decision making, consultation and approval processes: second interim report, 10 August 2010 http://www.parliament.vic.gov.au/images/stories/downloads/Committee_reports/SCFPA_Report11Windsor.pdf

Alteration to Hansard

The President of the Legislative Council ruled that the insertion of a word by a Hansard reporter into a speech for the purpose of clarification had in fact changed the contents of the speech to read in a way that did not reflect what had occurred, and was clearly wrong. He said that Hansard had arranged for an erratum that would alter the official record by removing the inserted word.

Hansard: Legislative Council, Rulings by the Chair, Hansard record, Parliamentary debates (Hansard), 11 August 2010 http://www.parliament.vic.gov.au/images/stories/daily-hansard/Council_Feb-Jun_2010/Council_Daily_Extract_11_August_2010_from_Book_12.pdf

Western Australia

More opportunities for members to raise issues

To increase the opportunities for members to express their views and press for action, the Legislative Assembly's Procedure and Privileges Committee has recommended changes to the Standing Orders. These would allow six instead of four grievances to be aired in the weekly hour set aside for them; increase the number of members' statements on topics of interest each week from six to ten; and set time limits on questions without notice and their answers in the interests of a more effective question time.

Report: Legislative Assembly, Procedure and Privileges Committee, Minor adjustments to the standing orders, 12 August 2010 http://www.parliament.wa.gov.au/parliament/commit.nsf/(Report+Lookup+by+Com+ID)/6060A45C3507AFD84825777E002AC414/$file/Minor+Adjustments+to+the+Standing+Orders.pdf

Prepared by Pleasance Purser

Research Analyst

Parliamentary Library

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