Canada
Call for reform of MPs’ pensions
A non-profit, advocacy organisation published a report criticising the MPs’ pension plan and calling for it to be phased out. It recommended enrolling current and future MPs on a voluntary basis in the government’s new pension plan, set out in a bill currently before Parliament. A minister said that the issue of MPs’ pensions was being examined as part of the larger government-wide spending review.
Report: CTF report on MP pensions: a taxpayers’ indictment, Canadian Taxpayers Federation, Jan. 2012 http://taxpayer.com/sites/default/files/CTFMP-PensionReport-WEB.pdf
Media article: MP pensions ‘a ripoff on a massive scale’, The Ottawa Citizen, 19 Jan. 2012
Legitimacy of using parliamentary money to pay party staff
Between 2004 and 2011 the salary of the general manager of Bloc Québécois was paid out of the then party leader’s parliamentary budget. The House of Commons Board of Internal Economy is now investigating the payments. The former leader has denied any wrongdoing, saying there was no attempt to hide anything. He has obtained a legal opinion which says that the use of the funds for partisan activities was legitimate. The Board of Internal Economy, which does not include a Bloc Québécois member, has turned down the party’s request to be represented on the Board for the investigation.
Opinion: François Gendron, Opinion préliminaire, 27 Jan. 2012 http://www.scribd.com/Radio-Canada/d/79879597-L-avis-juridique-de-Gilles-Duceppe
Press release: Dépenses du cabinet de Gilles Duceppe: Le Bloc Québécois demande à participer aux comités visés, 23 Jan. 2012 http://www.blocquebecois.org/Bloc.aspx?bloc=a7aef169-b4c7-40d7-a1ba-a5fdc08610e8
Media articles: Gilles Duceppe denies Bloc Québécois broke House rules, Montreal Gazette, 22 Jan. 2012 http://www.montrealgazette.com/news/Gilles+Duceppe+denies+Bloc+Quebecois+broke+House+rules/6033235/story.html; Duceppe a agi en toute légitimité, selon un avis juridique, Radio Canada, 30 Jan. 2012 http://www.radio-canada.ca/nouvelles/Politique/2012/01/30/002-duceppe-ottawa-lundi.shtml
Speaker does not rule on matters of law
Members’ privileges were violated, a member argued, by the way in which the government had managed proceedings on the bill to reorganise the Canadian Wheat Board, thereby rendering the bill and the House’s consideration of it illegal. In response, the Speaker said that ruling on the legality of a bill was outside the bounds of what could be considered by the Speaker. He must confine himself to the procedural aspects of the question, and he could find no evidence that members’ ability to fulfil their parliamentary duties had been interfered with.
Hansard: Privilege, Legislation to reorganize the Canadian Wheat Board – Speaker’s ruling, House of Commons Debates, Official Report (Hansard), 31 Jan. 2012 http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=41&Ses=1&DocId=5347027#SOB-6459805
Ireland
Committee oversight of public service delivery
Recommended changes to a joint committee’s terms of reference would, if accepted by both Houses, empower it to receive Ombudsman’s reports and public petitions and, informed by these, oversee the quality and standards of public service delivery. A formal, structured relationship with the Ombudsman would focus on regular, constructive parliamentary engagement in a manner appropriate to the Ombudsman's statutory independence. Public petitions on matters of general public concern or interest on which the Oireachtas had power to act would be received and processed by the Committee. The Committee would evaluate the administration of policies and programmes, identify shortcomings and make recommendations for improvements.
Glossary: Oireachtas – Parliament
Report: Joint Committee on Investigations, Oversight and Petitions, Report on revised orders of reference for the Joint Committee, 25 Jan. 2012 http://www.oireachtas.ie/parliament/media/committees/investigationsoversightandpetitions/Report-on-Revised-Orders-of-Reference-for-the-Joint-Committee.pdf
Press release: New committee to place citizens at heart of parliamentary system, 25 Jan. 2012 http://www.oireachtas.ie/parliament/mediazone/pressreleases/name-3403-en.html
Media article: Oireachtas body seeks new powers, Irish Times, 25 Jan. 2012 http://www.oireachtas.ie/parliament/mediazone/pressreleases/name-3403-en.html
Norway
Executive influence over the Storting’s composition
Under the Constitution members of the Storting may be appointed as state secretaries, to assist cabinet ministers. Like ministers, they may not sit in the Storting for the term of their appointment. This means that the executive can potentially directly influence the composition of the Storting by, for example, appointing ‘troublesome’ members as state secretaries. The President and other senior members of the Storting have proposed amending the Constitution to make members of the Storting ineligible for appointment as state secretaries.
Glossary: Stortinget – Parliament
Report: Grunnlovsforslag fra Dag Terje Andersen, Øyvind Korsberg, Per-Kristian Foss, Marit Nybakk, Dagfinn Høybråten, Trygve Slagsvold Vedum, Trine Skei Grande og Snorre Serigstad Valen om endring i Grunnloven § 14 med sikte på å utelukke at stortingsrepresentanter kan beskikkes som statssekretærer, 31 Jan. 2012 http://www.stortinget.no/no/Saker-og-publikasjoner/Publikasjoner/Grunnlovsforslag/2011-2012/dok12-201112-001/
Papua New Guinea
Prime Ministership in dispute
Parliament filed references with the Supreme Court asking whether someone who is not a member of Parliament can be Prime Minister, and whether Parliament can rescind its own previous resolutions and decisions. A few days earlier Sir Michael Somare, dismissed from his parliamentary seat in September, had attended Parliament to deliver a copy of the Supreme Court order reinstating him as Prime Minister. Prime Minister Peter O’Neill said security at Parliament would be tightened to prevent the repetition of such an act.
Media articles: Somare’s visit disrupts house, The National, 19 Jan. 2012 http://www.thenational.com.pg/?q=node/28068; O’Neill warns Somare of arrest, The National, 19 Jan. 2012 http://www.thenational.com.pg/?q=node/28067; Somare to be referred, Post-Courier, 20 Jan. 2012 http://www.thenational.com.pg/?q=node/28067; Court bid sought on PM’s post, The National, 23 Jan. 2012 http://www.thenational.com.pg/?q=node/28185
Scotland
Parliament’s power to legislate for independence referendum, UK view
The United Kingdom government believes that it is outside the powers of the Scottish Parliament at present to legislate for a referendum on independence. Certainty can only be provided by legislation involving the UK Parliament, since under the Scotland Act 1998 the union of Scotland and England is one of the matters reserved to that Parliament. Either the UK Parliament could pass legislation giving the Scottish Parliament power to deliver a referendum on Scottish independence, or it could pass legislation for a referendum directly itself. The government considers that the first option presents a good way to deliver a legal referendum.
Report: Scotland’s constitutional future: a consultation on facilitating a legal, fair and decisive referendum on whether Scotland should leave the United Kingdom, CM 8203, 10 Jan. 2012 http://www.official-documents.gov.uk/document/cm82/8203/8203.pdf
Press release: UK government offers to transfer power to Holyrood for independence referendum, 10 Jan. 2012 http://www.scotlandoffice.gov.uk/scotlandoffice/16425.html
Parliament’s power to legislate for independence referendum, Scottish view
The Scottish government believes that the Scottish Parliament has the power to legislate for a referendum on Scottish independence as long as it does not change a reserved law or relate to aspects of the constitution that are reserved by the Scotland Act 1998. The government is ready to work with the UK government to put the referendum effectively beyond legal challenge by the UK government or any other party. It notes that any change to the definition of the Scottish Parliament’s competence would require the consent of both the Scottish and UK Parliaments.
Report: Your Scotland, your referendum: consultation, 25 Jan. 2012 http://www.scotland.gov.uk/Resource/0038/00386122.pdf
Press release: Independence referendum consultation, 25 Jan. 2012 http://www.scotland.gov.uk/News/Releases/2012/01/referendumconsultation25012012
United Kingdom
Finding time for e-petition debates
Since the government’s e-petitions website was launched last July, six petitions have passed the 100,000 signature threshold for consideration by the Backbench Business Committee for debate in the House of Commons. The Committee has recommended that a special Monday afternoon sitting in Westminster Hall be dedicated to debating e-petitions, to ease the pressure on debating time. In addition, the information on the e-petitions website should more accurately reflect reality, and the lead petitioner of a petition that has passed the threshold should be advised to seek an MP who is willing to apply to the Committee for debating time for the petition.
Report: House of Commons Procedure Committee, Debates on government e-petitions, HC 1706, 19 Jan. 2012 http://www.publications.parliament.uk/pa/cm201012/cmselect/cmproced/1706/1706.pdf
Member failed to notify changes in financial interests
On his election to Parliament a new member intended to resign from his former position, and in the meantime decline the salary from it, so did not register it as a financial interest. As it turned out, he continued to work for and receive payments from his former employer for several more months, but did not fulfil the requirement to register this remunerated employment. A committee viewed this breach of the registration rules as serious, but, taking into account that he was new at the time, accepted the member’s apology and recommended that his register entry be updated.
Report: House of Commons Committee on Standards and Privileges, Jack Dromey, HC 1766, 19 Jan. 2012 http://www.publications.parliament.uk/pa/cm201012/cmselect/cmstnprv/1766/1766.pdf
Review of guide to members’ conduct
The Parliamentary Commissioner for Standards is conducting a review of the Guide to the Rules relating to the conduct of members. The issues for consideration include the registration of members’ financial interests, the declaration of financial interests during debate, restrictions on lobbying by current and former members, and the procedure for dealing with complaints concerning breaches of the Code of Conduct.
Report: Parliamentary Commissioner for Standards, Review of the Guide to the Rules relating to the conduct of members: consultation paper, 19 Jan. 2012 http://www.parliament.uk/documents/pcfs/Review%20of%20Guide%20to%20the%20Rules/Consultation-on-Guide-to-the-Rules.pdf
Motions for additions to the House of Commons budget
Under a proposed new standing order, motions and amendments that would add £50,000 or more to the House Administration budget could only be considered by the House of Commons if a memorandum setting out their financial consequences had been made available. This would ensure that the House could take these consequences, and the effect on competing priorities, into account when making a decision.
Report: House of Commons Finance and Services Committee, Proposed standing order on motions and amendments with implications for the House Administration budget, HC 1768, 23 Jan. 2012 http://www.publications.parliament.uk/pa/cm201012/cmselect/cmfinserv/1768/1768.pdf