A summary of news from overseas parliaments.
Australia
Governor-General can no longer disallow Territories’ laws
Laws passed by the Legislative Assemblies of the Australian Capital Territory and the Northern Territory will no longer be able to be disallowed in whole or in part by the Governor-General of Australia. Nor will the Governor-General be able to recommend that they be amended.
Act: Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011, 4 Dec. 2011 http://www.comlaw.gov.au/Details/C2011A00166
Parliamentary Budget Office
The Parliamentary Budget Office will provide independent, non-partisan analysis of the budget cycle, fiscal policy and the financial implications of proposals. The Parliamentary Budget Officer will be appointed by the Presiding Officers, after approval by the Joint Committee of Public Accounts, for a term of four years. The Office will respond to requests from committees and individual members and senators, as well as conducting research and analysis on its own initiative. It may make arrangements to obtain information and documents from Commonwealth bodies.
Act: Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011, 4 Dec. 2011 http://www.comlaw.gov.au/Details/C2011A00170
Parliamentary scrutiny of human rights
Bills, acts and legislative instruments will be examined for compatibility with human rights by a new Parliamentary Joint Committee on Human Rights. The Committee will also inquire into any matter relating to human rights referred to it by the Attorney-General. As well, introducers of bills and makers of legislative instruments must ensure the preparation of statements of compatibility containing an assessment of whether the bill or instrument is compatible with human rights.
Act: Human Rights (Parliamentary Scrutiny) Act 2011, 7 Dec. 2011 http://www.comlaw.gov.au/Details/C2011A00186
Members’ pay and entitlements
The Remuneration Tribunal stated its intention to determine members’ base salary at $185,000, to introduce an additional payment for shadow ministers, to cease members’ entitlement to individual overseas study travel and to restrict their entitlement to severance travel so that it applies only to winding up their business on leaving Parliament. The Tribunal also recommended the abolition of the Life Gold Pass scheme entitling former members and their spouses to free domestic travel for non-commercial purposes, the establishment of alternative pension indexation arrangements, and the severance of any existing linkages between the remuneration of federal and state politicians.
Reports: Remuneration Tribunal, Review of the remuneration of members of Parliament: initial report, 15 Dec 2011 http://www.remtribunal.gov.au/statementsreports/MPs%20Report%2015.12.2011.pdf. Egan Associates, The attributes, role and reward of a backbencher in the federal Parliament, Nov. 2011 http://www.remtribunal.gov.au/statementsreports/Parliamentary%20Report%20by%20J%20Egan.pdf
Media article: Pollies awarded substantial pay rise, ABC News, 15 Dec. 2011 http://www.abc.net.au/news/2011-12-15/politicians-get-hefty-payrise/3732776
Canada
Limitation on exercise of legislative power
Applications requesting a declaration that a minister’s conduct was an affront to the rule of law were granted by the Federal Court. The minister had introduced a bill to reorganise the Canadian Wheat Board without first consulting the Board or gaining the consent of grain producers as, it was argued, the Canadian Wheat Board Act required. The judge said that the limitation on the exercise of legislative power of manner and form procedural requirements was well recognised in law. He dismissed the contention that the relevant section of the Act was not a manner and form provision.
Judgment: Federal Court, Friends of the Canadian Wheat Board v Canada (Attorney-General), 7 Dec. 2011 http://decisions.fct-cf.gc.ca/en/2011/2011fc1432/2011fc1432.pdf
Hansard: Privilege, Legislation to reorganize the Canadian Wheat Board, House of Commons Debates, Official Report (Hansard), 8 Dec. 2011 http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=41&Ses=1&DocId=5319448#SOB-5233314
Campaign phone calls not a case of privilege
Voters in a constituency held by a Liberal MP received phone calls asking if they would support the Conservative Party in an impending by-election, although in fact there was no impending by-election. The MP raised a question of privilege, saying that the calls were impeding him in the discharge of his functions, as constituents were confused as to whether or not he was about to or had stepped down. The Speaker said that although he was sympathetic to the situation faced by the MP, he had great difficulty in concluding that the member had been unable to carry out his parliamentary duties, noting that he had been extremely active in the House and in committee. The Speaker ruled that a prima facie case of privilege did not exist.
Hansard: Privilege, Telephone calls to Mount Royal constituents, House of Commons Debates, Official report (Hansard), 16 Nov. 2011 http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=41&Ses=1&DocId=5249491#SOB-4774920; Telephone calls to Mount Royal constituents – Speaker’s ruling, House of Commons Debates, Official Report (Hansard), 13 Dec. 2011 http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=41&Ses=1&DocId=5331034#SOB-5365480
Denmark
Changes to members’ accommodation and to car allowances
Members who live outside Copenhagen and its surrounds are entitled to free accommodation in flats owned by the Folketing. To ensure the best use of these flats it is proposed that, subject to availability, they could also be allocated to other members for reasons such as travel times or health. It is also proposed that, in special cases, where the use of public transport is impossible or considered inappropriate, the Folketing President could grant a member an allowance for the use of their own car on work-related business within Denmark.
Glossary: Folketinget – Parliament
Bill: Forslag til Lov om ændring af lov om valg til Folketinget (Bedre udnyttelse af Folketingets medlemsboliger, præciseringer vedrørende medlemsbolig- og boliggodtgørelseordningerne, mere fleksible regler for kørselsgodtgørelse til Folketingets medlemmer m.v.), 8 Dec. 2011 http://www.ft.dk/RIpdf/samling/20111/lovforslag/l49/20111_l49_som_fremsat.pdf
European Parliament
Parliament desires expanded economic powers
Recalling that the parliamentary debate on economic policy guidelines is the cornerstone of any democratic system, Parliament expressed its concern about the democratic legitimacy of the introduction of the European Semester, a cycle of economic policy coordination in which member states’ budgetary and structural policies are reviewed. It maintained that the European Parliament and national parliaments have a crucial role to play in establishing the necessary democratic legitimacy and national ownership, and took the view that the European Parliament is the appropriate venue for economic dialogue between national parliaments and the European institutions.
Resolution: European Semester for economic policy coordination, 1 Dec. 2011 http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-0542+0+DOC+XML+V0//EN&language=EN
Media article: Parliament wants equal powers over EU economic governance, EU Observer, 1 Dec. 2011 http://euobserver.com/18/114477
Proposed changes to public access to parliamentary information
A proposed amendment to the regulation governing public access to European Parliament documents would lower the threshold for access to documents drawn up for internal use or received by Parliament relating to a matter where a decision had not yet been taken. Other amendments would allow for personal data not to be disclosed if such disclosure would harm the person’s privacy or integrity, and for the establishment of an information officer responsible for ensuring compliance with the regulation.
Legislative resolution: Public access to European Parliament, Council and Commission documents, 15 Dec. 2011 http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-0580+0+DOC+XML+V0//EN&language=EN
Finland
Procedures for citizens’ initiatives
The bill setting out the procedures to be followed for the presentation of citizens’ initiatives to Parliament was passed. The Constitutional Law Committee thought that citizens’ initiatives would complement the representative system, which still remains primary. They might lead to legislation, as well as being a channel for opening up general debate and raising new issues. Parliamentary consideration of citizens’ initiatives should be positive, but not uncritical. Initiatives that were clearly in conflict with constitutional rights and freedoms or human rights, for example, should not receive consideration in committee, even though they could be formally presented to Parliament.
Report: Grundlagsutskottet, Regeringens proposition till riksdagen med förslag till lag om medborgarinitiativ och till lag om ändring av 24 § i lagen om offentlighet i myndigheternas verksamhet, 29 Nov. 2011 http://www.eduskunta.fi/triphome/bin/thw/trip?${APPL}=utpub&${BASE}=utpub&${THWIDS}=0.9/1327629189_355256&${TRIPPIFE}=PDF.pdf
Press release: Lagen om medborgarinitiativ godkänd, 7 Dec 2011. http://web.eduskunta.fi/Resource.phx/pubman/templates/22.htx?id=4574
Media article: Parliament approves bill on citizens’ initiative, Helsingin Sanomat, 8 Dec 2011. http://www.hs.fi/english/article/Parliament+approves+bill+on+citizens%E2%80%99+initiative/1135269999923
France
New Senate committee to scrutinise the implementation of laws
Scrutinising the implementation of laws will be the focus of a newly created Senate committee. The committee will produce reports with recommendations on selected laws, hold public hearings and produce an annual report on its activities. Its work will complement that of the standing committees by allowing for in-depth examination of the various kinds of delays, gaps and difficulties that currently hinder the proper implementation of laws.
Press release: La nouvelle commission sénatoriale pour le contrôle de l’application des lois veillera à la mise en œuvre effective des mesures votées par le Parlement, 7 Dec. 2011 http://www.senat.fr/presse/cp20111207c.html
Senators to declare private interests
Starting in early 2012 senators will have to declare their private interests, and those of close relatives, that could unduly affect the way in which they conduct their parliamentary business. They must also declare travel invitations received from bodies outside the Senate, and gifts worth more than 150 euros. The senators’ declarations, but not those of their relatives, will be published on the Senate’s website.
Report: Conflits d’intérêts, Compte-rendu de la réunion du Bureau du Sénat du mercredi 14 décembre 2011 http://www.senat.fr/role/fiche/bur_cr_reunion141211.html
Ireland
Fellowship to mark 90th and 100th anniversaries of Dáil Éireann’s first meeting
The inaugural fellow of the Oireachtas Parliamentary Fellowship, 2009-2019 was named. The Fellowship was established to mark the 90th anniversary of the first meeting of Dáil Éireann, and will be awarded annually until the 100th anniversary in 2019. It is designed to advance the study of and contribute to scholarship on the Houses of the Oireachtas, and to promote knowledge and understanding of its history and workings.
Glossary: Oireachtas – Parliament; Dáil Éireann – House of Representatives
Press release: Inaugural fellow of the Oireachtas Parliamentary Fellowship, 2009-2019, 8 Dec. 2011 http://www.oireachtas.ie/parliament/mediazone/pressreleases/name-1300-en.html
Gender quotas for candidate selection
To encourage the selection of more women candidates for the Oireachtas, a new bill for the reform of political funding includes the requirement that at the next general election at least 30% of a political party’s candidates must be women and 30% men, if the party is not to lose half its state funding. Seven years after the first general election in which this requirement came into effect, the quotas would rise to 40% each for men and women, to take effect at the following general election.
Glossary: Oireachtas – Parliament
Bill: Electoral (Amendment) (Political Funding) Bill 2011, 15 Dec. 2011 http://www.oireachtas.ie/documents/bills28/bills/2011/7911/b7911s.pdf
Press release: Minister Phil Hogan publishes legislation to comprehensively reform political funding and donations, 15 Dec. 2011 http://www.environ.ie/en/LocalGovernment/Voting/News/MainBody,29019,en.htm
New South Wales
Parliamentary Budget Office
Following its inquiry into the Parliamentary Budget Office, established in 2010, a joint committee has concluded that the benefits of a permanent Office with its existing functions of costing election policies, costing non-election policies proposed by members and providing members with financial, fiscal and economic analysis and advice are outweighed by the cost. It recommends that a Parliamentary Budget Officer be appointed six months prior to a general election with the sole function of costing election policies. Leaders of parliamentary parties and independent members would be required to submit all publicly announced election policies to the Office for costing.
Report: Joint Select Committee on the Parliamentary Budget Office, Inquiry into the Parliamentary Budget Office, 2 Dec.2011 http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/feecdd259442de07ca25795a000b859e/$FILE/Inquiry%20into%20the%20Parliamentary%20Budget%20Office.pdf
Papua New Guinea
Prime Ministership in dispute
In a 3-2 decision the Supreme Court reinstated Sir Michael Somare to his seat in Parliament and to the Prime Ministership. Parliament amended the Prime Minister and National Executive Council Act to create an automatic vacancy in the office of Prime Minister if the incumbent absented himself from the country for three months or longer, as Somare had done. The Speaker would inform Parliament of the vacancy and it would elect a new Prime Minister. The amendments also included a validation of the election of Peter O’Neill as Prime Minister in August. On the basis of the amendments to the Act, the Speaker declared the Prime Minister’s office vacant, and Parliament re-elected O’Neill as Prime Minister.
Media articles: Somare is back, The National, 13 Dec. 2011 http://www.thenational.com.pg/?q=node/26633; PM's post vacant, say two judges, The National, 13 Dec. 2011 http://www.thenational.com.pg/?q=node/26639; House amends act to disqualify G’Chief, The National, 13 Dec. 2011 http://www.thenational.com.pg/?q=node/26634; House re-elects O’Neill PM, The National, 13 Dec. 2011 http://www.thenational.com.pg/?q=node/26648
Scotland
Alternative emergency messaging service
As part of its business continuity management, Parliament has invested in an email and text messaging service that is separate from its own IT network. The service will be able to be used to communicate with members, staff and contractors about any developing situations involving the Parliament.
Report: Business continuity, 7 Dec. 2011 http://www.scottish.parliament.uk/SPCB/1207_paper_60.pdf
Further powers for Scottish Parliament
A committee set up to consider the Scotland Bill, currently before the UK Parliament, recommended that the Bill be amended to devolve the full range of financial powers to the Scottish Parliament. The committee noted that the constitutional debate had moved far beyond the proposals contained in the Bill, and concluded that while it could recommend that the Scottish Parliament give its legislative consent to the Bill in limited areas, the proposals for re-reservation of powers and the financial provisions were seriously flawed.
Report: Scotland Bill Committee, Report on the Scotland Bill, 15 Dec. 2011 http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/45318.aspx
Press release: Scotland Bill “missed opportunity and not yet fit for purpose” says Holyrood Committee, 15 Dec. 2011 http://www.scottish.parliament.uk/newsandmediacentre/45335.aspx
Changed sitting patterns recommended
Recommended changes to Parliament’s sitting patterns aim to increase its flexibility and to improve its scrutiny of government and responsiveness to topical issues. Committees would meet in the morning, Tuesday to Thursday, with Chamber business in the afternoon. Question time would start each day’s Chamber business. The current eight day lead time for most questions would be reduced to four days, and more time would be allowed for supplementary questions. There would be greater scope for backbench members to raise topical issues for debate.
Report: Standards, Procedures and Public Appointments Committee, Reform of parliamentary business inquiry. Phase 1 report: remodelling the parliamentary week, 21 Dec. 2011 http://www.scottish.parliament.uk/S4_StandardsProceduresandPublicAppointmentsCommittee/Reports/sppa-11-02w.pdf
Press release: Holyrood chamber set to meet three times a week, as committee recommends reform, 21 Dec. 2011 http://www.scottish.parliament.uk/newsandmediacentre/45526.aspx
Spain
New iPads without intranet access
All the deputies in the new Congress have received iPads. For security reasons the iPads do not connect to the Congress’s intranet, but the Bureau considers that this is compensated for by the fact that they are lighter and smaller than the laptops the deputies had previously, and make it easier for the deputies to access the internet from wherever they may be.
Media article: El iPad de los diputados no accede a la red del Congreso, El País, 5 Dec. 2011 http://www.elpais.com/articulo/Pantallas/iPad/diputados/accede/red/Congreso/elpepirtv/20111205elpepirtv_1/Tes
United Kingdom
Passholding staff required to register outside interests
Many all-party groups, informal interest groups of members from both Houses, involve individuals and organisations from outside Parliament, e.g. charities, public relations firms, in their administration and activities. It has been recommended that all-party group staff from outside Parliament who have been issued with a parliamentary pass should have to register not just any remunerated occupation or employment that is advantaged by the pass, as currently, but any paid employment, and any gift, benefit or hospitality connected with their work in Parliament, above a certain threshold. This would be similar to the requirements for other passholding staff.
Report: House of Commons Committee on Standards and Privileges, Registration of staff of all-party groups, HC 1689, 8 Dec. 2011 http://www.parliament.uk/business/publications/committees/recent-reports/
Recall petition procedure proposed
As set out in a draft bill, if an MP were convicted of an offence and sentenced to one year or less in prison (below the threshold for disqualification), or the House of Commons resolved that an MP should face recall, the Speaker would notify the relevant returning officer and a petition would be opened. Constituents would have two weeks in which to sign it. If at least 10% of eligible constituents signed the petition, the MP’s seat would be automatically vacated and a by-election would ensue. There would be no legal barrier to the former MP standing again if eligible.
Draft bill: Recall of MPs draft bill, 13 Dec. 2011 http://www.cabinetoffice.gov.uk/sites/default/files/resources/Recall_of_MPs_Draft_Bill.pdf
Press release: Voters to have power to remove MPs for serious wrongdoing, 13 Dec. 2011 http://www.cabinetoffice.gov.uk/news/voters-have-power-remove-mps-serious-wrongdoing
Recovery of money wrongly claimed by members
In the event of the House of Lords finding that a member had wrongly claimed money under the system of financial support for members and had not already repaid it, a committee recommended that the member should be suspended until the debt was repaid or the current Parliament ended. If the money were still outstanding at the start of the next Parliament the suspension should be continued. The committee considered that debt recovery through the courts was not practical in relation to such repayments.
Report: House of Lords House Committee, Recovery of money wrongly claimed by members, HL Paper 238, 14 Dec. 2011 http://www.publications.parliament.uk/pa/ld201012/ldselect/ldhouse/238/238.pdf
Victoria
Electorate officer’s dismissal not discriminatory
An electorate officer criticised by the Ombudsman for his dealings with a local council had his employment terminated on the grounds that adverse media attention and the breakdown of his working relationship with his member meant that he could no longer perform his role. His claim of direct or indirect discrimination on the basis of political activity in relation to the Ombudsman’s report and the media attention was not upheld. The judge ruled that his participation in the Ombudsman’s investigation was legally required, so did not constitute political activity. Nor was there a requirement that electorate officers should not be the subject of media attention; the impact of media attention, adverse or otherwise, on their ability to fulfil their role depended on individual circumstances.
Judgment: Victorian Civil and Administrative Tribunal, Suleyman v The Speaker of the Legislative Assembly & Anor (Anti-Discrimination) [2011] VCAT 2305, 16 Dec. 2011 http://www.austlii.edu.au/au/cases/vic/VCAT/2011/2305.html
Media article: Sacked ministerial staffer loses discrimination case, The Age, 22 Dec. 2011 http://www.theage.com.au/victoria/sacked-ministerial-staffer-loses-discrimination-caes-20111222-1p60q.html
Pleasance Purser
Research Analyst
Parliamentary Library
