Strengthening Parliament’s Role in the Budget Process A compilation of training materials February 2016 i Copyright ©Parliamentary Centre and International IDEA 2016 All Rights Reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means – electronic, mechanical, via photocopying, recording or otherwise – without prior permission of the Parliamentary Centre and International IDEA. E [email protected] W www.parlcent.org T +1 (613) 237 0143 66 Slater, suite 1000 Ottawa, Ontario K1P 5H1, Canada E [email protected] W www.idea.int 68B Sayar San Lan Bahan Township Yangon, Myanmar This publication was made possible through the generous support of the Government of Canada through the Department of Global Affairs Canada. Table of Contents Introduction……………………………………………………………………………………………………………………………………………..ii Implementing Agencies…………………………………………………………………………………………………………………………….iv Acknowledgements …………………………………………………………………………………………………………………………………..v 1. Unit 1: Introduction to the Budget Process ............................................................................................ 1 2. Unit 2: Budget Preparation, Debate and Approval: An International Comparative Perspective ..................... 8 3. Unit 3: The Budget Process and the Role of Parliament: A Canadian Perspective ..................................... 21 4. Unit 4: Parliamentary Committees ...................................................................................................... 23 5. Unit 5: The Role of the Finance Committee in the Budget Process: A Canadian Perspective...................... 29 6. Unit 6: The Role of Parliamentary Staff: An Introduction....................................................................... 31 7. Unit 7: Training and Staffing for Well-Functioning Committees .............................................................. 36 8. Unit 8: Committee Staff and the Budget Process .................................................................................. 41 i Introduction In 2013, the Parliamentary Centre facilitated the first parliamentary exchanges between Canada and Myanmar. During these exchanges, members of the Hluttaw expressed interest in gaining more knowledge and skills related to their roles during the development, approval and oversight of government budgets, which has a significant impact on the wellbeing of the people of Myanmar. With funding from Global Affairs Canada (formerly DFATD), the Parliamentary Centre has been able to address some of those needs under the project “Building Representative Governance in Myanmar, Phase III ”. This has included a series of capacity building workshops for both Members of Parliament and parliamentary staff focused on the budget process, which were implemented in Myanmar with the assistance of the Centre’s partner International IDEA between May 2015 and January 2016. This compendium is a collection of documents on the budget process that not only provide a comparative international perspective, but also link these examples to the current process in Myanmar. The compendium is comprised of material developed by the Parliamentary Centre, based on its extensive experience with parliaments around the world. International IDEA has had an important role in assuring that these international best practices have been translated into the Myanmar context. In addition, the compendium includes documentation developed specifically for the training workshops that were offered to the Members and staff of the Public Accounts Committee and the Planning and Financial Development Committee of the lower House of the Myanmar Parliament, the Pyithu Hluttaw by two experts engaged by the Parliamentary Centre: Mr. Shawn Murphy, a former Member of the Canadian Parliament and Chair of the Public Accounts Committee, and Ms. Linda Buchanan, a former Director of Human Resource, Policy and Planning in the Canadian House of Commons. This training compendium is divided into three main sections: Section 1: Introduction to the Budget Process The first section of the training compendium is made up of three units: Introduction to the Budget Process; Budget Preparation, Debate and Approval - An International Comparative Perspective; and the Budget Process and the Role of Parliament in Canada. These units provide the reader with a brief introduction to many of the relevant issues surrounding a national budget, including what is a budget and what key functions does it perform? What are the various stages of a budget? Who are the most important actors at each stage? This is followed by a closer look at the preparation and approval stages of the budget, as well as the roles and responsibilities of parliament. The final unit specifically focuses on the Canadian Parliament’s role in the budget process, prepared by Mr. Shawn Murphy. Section 2: Role of Parliamentary Committees The second section is comprised of two units: Parliamentary Committees; and the Role of the Finance Committee in the Budget Process - A Canadian Perspective. The units look closely at parliamentary committees, their functions and responsibilities in the budget process. Additionally, the structure of a committee is discussed in greater detail as well as the roles and responsibilities of the Chair and its members. In Canada, the majority of work in parliament is carried out within the various parliamentary committees and the following document ii demonstrates the importance of parliamentary committees, especially the Standing Committee on Finance that plays a significant role in the budget process. Section 3: Role of Parliamentary Staff in the Budget Process The final section of the reader focuses on parliamentary staff and their support to the work of committees. The first unit, the Role of Parliamentary Staff: An Introduction, discusses the roles and responsibilities of staff and responding to requests from the Chair and members. The second unit in this section, Committee Staff and the Budget Process, was prepared by Ms. Linda Buchanan, and provides insights into the approaches for building the skills of staff to provide support to the committee. She also prepared the final unit on Training and Staffing for Well-Functioning Committees, which utilizes the budget process as an example to demonstrate the necessity of having knowledgeable, well trained staff to carry out specific responsibilities for the committees involved during the preparation, debate and approval of a budget. iii Implementing Organizations Parliamentary Centre The Parliamentary Centre is a Canadian, not-for-profit, non-partisan organization, with nearly a half century of experience strengthening parliamentary democracy around the world. The Centre has worked with over 120 legislatures at the national, sub-national and regional levels implementing more than 80 projects in Africa, the Americas, Asia, Eastern Europe, and the Middle East. Democratic systems and good governance rely on strong and vibrant legislatures that will voice the interests of the people and hold government to account. We believe that all citizens have a right to participate meaningfully through democracy, and that effective parliaments are crucial to governance and sustainable development. We are committed to continuous learning and providing support that respects the historical, cultural and political uniqueness of countries, while fostering greater transparency and accountability in government. With our training programs, unique assessments, research products and strategic planning, we help legislatures and related stakeholders measure their performance, build capacity, tackle key issues and become more effective leaders to serve their citizens better. In short, our mission is to help legislature’s better serve the people they represent. International IDEA The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization that supports sustainable democracy institutions and processes worldwide. International IDEA acts as a catalyst for democracy building by providing knowledge resources, policy proposals and supporting democratic reforms in response to specific national requests. It works together with policy makers, governments, international organizations and agencies and regional organizations engaged in the field of democracy building. In Myanmar, International IDEA has been sharing comparative knowledge and experiences, promoting institutional development, and facilitating inclusive and informed dialogue about democratic reform options since 2012. International IDEA provides objective, neutral, non-prescriptive and informative perspectives on policy challenges for Myanmar’s democratic actors and decision-makers including the Union Parliament. Since 2015, International IDEA has also been working in support of inclusive, democratic elections through capacity assistance to the Union Election Commission (UEC), civil society, media and other electoral stakeholders. This is part of the Support to Electoral Processes and Democracy (STEP Democracy) project, a partnership with the Danish Institute for Parties and Democracy (DIPD), Democracy Reporting International (DRI) and the Friedrich Naumann Foundation (FNF) and four Myanmar organizations, with the support of the European Union. iv Acknowledgements The Parliamentary Centre would like to express its gratitude to its collaborating partner International IDEA for their assistance with the planning and delivery of the trainings under the project “Building Representative Governance in Burma/Myanmar, Phase III” for which this training material compendium provided all participants with the necessary background information. In particular, we would like to thank Mr. Joost Sneller, Parliamentary Development Advisor, International IDEA Myanmar, who was one of our key trainers and Ms. Maw Day Myar, Assistant Program Officer, International IDEA Myanmar. We would like to thank all the trainers, who not only facilitated the delivery of the workshops but also contributed pieces to this compendium, Mr. Shawn Murphy, former Chair of the Public Accounts Committee and Member of the Finance Committee, Canadian House of Commons; and Ms. Linda Buchanan, Former Director, Human Resource Policy, Planning and Training, Canadian House of Commons. Additionally, we would like to thank Ms. Cindy Joelene, who prepared a complementary background document on the budget process in Myanmar, and our interpreters and translators, Mr. Aung Thein Kyaw, Mr. Zani Maung, Daw Zar Chi Aung and Mr. Troy Tun. This compendium of documents contains a combination of the Parliamentary Centre’s training material on the budget process as well as short articles prepared by the trainers, in order to supplement the material covered during the various workshops under the Project. The preparation of the training material compendium has been led by Mr. John Karalis, Project Officer, Parliamentary Centre, Mr. Ivo Balinov, Director of Partnerships and Program Development, Mrs. Petra Andersson-Charest, Director of Programs, and Mrs. Lola Giraldo, Director of Operations. Assistance in preparing the Myanmar version has been provided by Mr. Joost Sneller, Parliamentary Development Advisor, International IDEA Myanmar and Ms. Maw Day Myar, Assistant Program Officer, International IDEA Myanmar. Finally, our deepest appreciation goes to the Canadian Government, who through Global Affairs Canada (formerly DFATD) not only funded the Project, but has been a long-time supporter and a genuine partner of the Parliamentary Centre in delivering programs aimed at enhancing parliamentary democracy and good governance around the world. Global Affairs Canada, through the Stabilization and Reconstruction Task Force (START), selected the Parliamentary Centre to implement the project “Building Representative Governance in Burma, Phase III” to respond to the needs of the Parliament of Myanmar by building the capacity of legislators to play a stronger role in (1) the development, approval and oversight of government budgets; and (2) assessing the needs of members and staff of the House of Representatives, in order to develop a roadmap for reform. This project is building upon the success achieved during the implementation of “Building Representative Governance in Burma, Phase I and II.” v 1. Unit 1: Introduction to the Budget Process LEARNING OBJECTIVES After studying this unit you should be able to: Understand the general definition of a government budget and its key functions; Define the key stages of the budget process and actors involved, including the role of parliament. WHAT IS A BUDGET? A budget, whether for an individual, a family, a company, a non-governmental organization, or a government, is a financial plan of action for some future period, usually a year (a calendar year or a financial or “fiscal” year). An essential feature of modern government budgets is that they provide a system of accountability and controls over the spending of public funds by government officials, ministries and departments. In democratic societies, parliaments are at the apex A government’s budget is its most essential policy tool, of this accountability system. Consequently, it is providing a statement of the priorities of a nation or an essential that parliamentarians have a clear entity thereof (e.g. province, state, city, region). Budgets cover government revenues and expenditures understanding of the budget process in order to and are a combination of public expenditure plans and exercise appropriate control. revenue and tax legislation for the coming year. Governments acquire revenue (that is, the resources to finance their expenditures) through different methods including taxation, sale of goods and services, loans from other countries, grants from development partners, etc. A government’s budget is also a tool for balancing competing demands for scarce resources. Public resources are inevitably limited and the process of developing a budget is used to assess competing claims on available resources from various actors (such as ministries, political parties, regions/states and segments in society) and to facilitate necessary trade-offs. BUDGET FUNCTIONS Broadly speaking, the purpose of a government’s budget is to improve the lives of the people in a given country or entity through efficient and effective deployment of public resources. The purpose of the budget, as noted by former South African President Nelson Mandela, “is to bring about a better life for all…”. As a political tool a budget is an expression of a government’s ideological commitment, political philosophy and policy platform on how a country should move forward. Thus, while budgets are expected to serve the public good, they can reflect different approaches on generating and distributing public goods and services. For 1 example in Western countries conservative-leaning governments often believe that private initiative and economic activity should be encouraged and the involvement of governments should be minimal, hence they would put forward budgets that reduce taxes and cut the size and expenses for public service bureaucracy. On the other hand, centre to left leaning governments can believe that governments have an important role to play in redistributing resources so that the needs of all members of a society can be fairly addressed: hence they would put forward budgets where collected taxes are used for improved social services to those in need. As an economic tool, government budgets serve to shape the economic priorities of a country or entity. A budget is normally the most important document on economic policy for the year. In a modern economy the influence of government on the economy as a whole is immense since the government is often the biggest employer, the biggest spender and the biggest single claimant on the country’s resources. A government can influence the economy in numerous ways, but its own revenue, borrowing and spending is the major macroeconomic factor. A budget can influence the direction of investment (for example by lowering taxes for certain sectors of the economy), promote employment, and influence the redistribution of income between various parts of the society. As a legal tool, the budget has to be in line with constitutional requirements, relevant legislation and the spirit of participatory democracy. The point to keep in mind is that governments can only spend money after they have been authorised to so by parliaments through relevant legislation. THE BUDGET CYCLE AND ACTORS INVOLVED Budgets needs to be passed on a regular basis, most often annually, in order to ensure that governments continue to function normally. The budget process is not just one event or document, it is a continuous process that can typically be separated into four general stages: Preparation Parliamentary oversight through audit and evaluation Parliamentary debate and approval Implementation, monitoring and control See Figure 1 for a generic chart showing the stages of the budget process. 2 This sequence is to a large extent applicable to all countries build on a democratic principle. At the same time there are differences in terms of the roles and influences of actors involved and the timing of the process. Following is a generalised overview of the four stages of the budget process. It should be noted here that in reality the stages of the budget cycle overlap. At any time, different budgets can be at a different stage: while one budget is being prepared and considered by parliament, another one might be in the process of being implemented and yet another might be in the process of being audited following its implementation. 1. Preparation The preparation stage takes place before the start of the relevant fiscal year. A draft budget is developed during this stage that can be submitted to parliament. This is done by the executive, with a finance ministry or treasury playing a central role. The first step is to develop a fiscal policy framework that sets out the broad goals and parameters for the next budget based on the current and expected economic conditions, as well as a forecast of the total resources that will be available for spending. 3 Figure 1. Stages of the Budget Process Finance ministry or treasury issues guidelines to spending departments of agencies Budget tables to the legislature Spending departments submit draft budgets Parliament accepts or amends or rejects the budget Negotiations and final decisions by executive Drafting Consideration by parliamentary committee(s) Legislating Before beginning of relevant fiscal year Funds appointed to spending departments to implement activities Finance ministry monitors spending Request for legislative approval or adjustment of budget if necessary Im plem entation Fiscal year starts and ends Supreme audit institution assesses departmental accounts or performance Audit reports published or reviewed by Parliament Audit Following end of fiscal year Source: Effective Financial Scrutiny: The Role of Parliament in Public Finance, World Bank Parliamentary Staff Training Program 4 The draft policy framework is submitted by the finance ministry to government’s highest political level for approval. Once it is approved, either in its original or in amended form, the finance ministry instructs the line ministries/departments to proceed with the preparation of their requests for funds. Normally, the requests from ministries exceed the available resources and the finance ministry, engages in negotiations with each line ministry in order to adjust and harmonize their requests with each other and with available resources. On the basis of these discussions the ministry of finance completes a consolidated draft budget that is reviewed and approved at the highest political level, such as the president or cabinet, which also takes final decisions on unresolved contentious issues. 2. Parliamentary Debate and Approval Once a consolidated draft budget is ready it has to be approved by the legislature in order to enter into force. Parliament reviews the government’s draft budget and has the power to accept, reject it or amend it. In a limited number of countries the legislature can also replace the government’s draft with its own budget. In all cases there are clear laws regulating degree of parliamentary authority and what level of amendment is permitted in parliament The scale and mechanisms of parliament’s role in approving the budget can vary across countries. In many legislatures discussions on the budget are concentrated in parliamentary committees, while in others the debate takes place in the chamber. Where committee level discussion is involved, some parliaments distribute this among various committees, while others have a single financial committee that dominates the process. In all cases the final vote takes place in the chamber. Where committees are involved, their reports are of key importance in guiding the final vote. In many countries the stage of parliamentary debate provides opportunity to engage more directly the public. Civil society organizations, individual citizen, and various other stakeholders provide their feedback and input through public hearings conducted by committees and various other consultation mechanisms. The duration of the parliamentary debate and approval stage varies across countries. The Canadian Parliament, for example, can spend about five months considering the budget while some legislatures have less than a month. Overall, the longer a parliament spends reviewing a budget the higher its political influence would be in the budget process. 3. Implementation, monitoring and control The government (executive) implements the budget commencing with the beginning of the fiscal year. The finance ministry or treasury usually plays a leading role in assuring that funds are apportioned to departments/ministries in line with the budget approved by the legislature. Departments/ministries usually have mechanisms for exercising internal control over the spending of allocated funds with the ministry of finance playing an over-arching role in ensuring that resources are spent as planned. During the course of budget implementation, various reasons, ranging from significant changes in the economic environment to the need to respond to natural disasters, can require unplanned adjustments to approved spending. Any significant budget changes should be captured in adjustment or supplemental appropriations and tabled to parliament for approval. 5 To ensure that its authority is not undermined and the government budget is spent as approved by parliament, the latter can keep a close eye on implementation through scrutiny of actual spending during the fiscal year. 4. Parliamentary oversight through audit and evaluation After the government budget is spent, an independent audit institution, such as an auditor general or audit court, audits the accounts of both revenues and expenditures and reports the results to parliament. The latter reviews audit results and takes action to hold governments accountable for misuse of public funds and to influence them to improve their policies. To ensure accountability, supreme audit institutions are independent from the executive and responsible only to the legislature. Within the legislature, there is usually a committee or subcommittee responsible for interaction with the supreme audit institutions and for considering their reports. An effective oversight mechanism ensures that the government is ultimately responsible, through parliament, to its citizens for the spending of public funds. BUDGET CYCLE AND PARLIAMENTARY INPUT The budget is a government’s most important economic policy tool providing a comprehensive statement of the priorities of a country or entity thereof. The budget can have an immense impact on the well-being of a society, influencing the direction of investment, promoting employment, and influencing the redistribution of income between various parts of the society. Parliament as a representative institution has a key role to play in the budget process. It is for parliament to ensure that the budget addresses adequately the needs of a society, matching them with available resources. Equally important, once budget implementation starts, legislative control over the executive is essential in ensuring transparency and accountability in the way public money is spend. 6 Box 1: Key Parliamentary Inputs in the Budget Cycle Parliament reviews the government’s draft budget and has the power to accept, reject it or amend it. Parliamentary Debate and Approval In many legislatures discussions on the budget are concentrated in parliamentary committees, while in others the debate takes place in the chamber. The final vote always takes place in the chamber. Where committees are involved, their reports are of key importance in guiding the final vote. The stage of parliamentary debate provides opportunity to engage more directly the public. Civil society organizations, individual citizen, and various other stakeholders provide their feedback and input through public hearings conducted by parliamentary committees and various other consultation mechanisms. Any significant budget changes that are deemed necessary by the government are captured in adjustment or supplemental appropriations and tabled to parliament for approval. To ensure that its authority is not undermined and the government budget is spent as approved by parliament, the latter keeps a close eye on implementation through scrutiny of actual spending during the fiscal year. Parliamentary oversight through audit and evaluation Implementation, monitoring and control After the government budget is spent, an independent audit institution, such as an auditor general or audit court, audits the accounts of both revenues and expenditures and reports the results to parliament. The latter reviews audit results and takes action to hold governments accountable for misuse of public funds and to influence them to improve their policies. 7 2. Unit 2: Budget Preparation, Debate and Approval: An International Comparative Perspective LEARNING OBJECTIVES After studying this unit you should be able to: Define the timelines, procedures and actors involved in the preparation of draft budgets, including the role of parliaments; Understand the legal bases for parliaments’ role in considering and approving budgets; Define the timing and stages of the process of parliamentary debate and approval of the budget; Understand the specific roles of parliamentary committees, political parties, and legislative budget offices. BUDGET PREPARATION Timelines and Procedures The preparation stage involves the compiling of a draft budget that is then submitted to parliament for consideration and approval. While the details can differ from country to country there are also important similarities across most public budgeting systems. Presented below is a generalised outline of the timelines and procedures involved in the drafting of a government budget. The drafting of the budget is done by the executive, with a ministry of finance or treasury co-ordinating and driving the process in accordance with a schedule. The first step, which usually takes place about one year before the start of the fiscal year for which a budget is prepared, is to develop a fiscal policy framework that sets out the broad goals and parameters for the next budget based on the current and expected economic conditions, as well as a forecast of the total resources that will be available for spending. This is done by the ministry of finance that should have the economic expertise to prepare such projections: the ministry continuously monitors and analyzes macro-economic indicators such as growth, employment, interest rates, inflation, etc. to provide a basis for establishing a set of prudent ‘economic assumptions’ that support the fiscal forecast for the upcoming budget. In developing its projections the ministry of finance can also conduct consultations with private sector economic forecasters from major financial institutions, think tanks, and universities. These projections and indicators are supposed to be factual/nonpolitical in order to be the most useful. Given that budgets are not only economic but also political tools the fiscal policy framework is usually in line with the relevant government’s ideological commitment, political philosophy and policy platform on how the country should move forward. When ready, the draft fiscal policy framework is submitted by the finance ministry to government’s highest political level for approval. Once it is approved, either in its original or in amended form, the finance ministry issues guidelines to the line ministries/departments on the preparation of their individual requests for funds. Line ministries are usually given 3-4 months to prepare their individual draft budgets. Normally, the requests from ministries exceed the available resources and the ministry of finance, as coordinator of the budget preparation and guardian of the fiscal policy framework, engages in negotiations with each line ministry in order to adjust and harmonize their requests with each other and with available resources. On the basis of these discussions the ministry of finance completes a consolidated draft budget that is reviewed and approved at the 8 highest political level, such as the president or cabinet, which also takes final decisions on unresolved contentious issues. Adjustments to the draft budget can also be made at this stage based on the most recent economic and fiscal analyses and developments in the political situation and government’s priorities. Budgeting for the Medium Term Many aspects of budgeting require planning that spans beyond a period of one fiscal year. For instance, when planning for large scale capital expenditure projects or substantial restructuring of government agencies, the planning period covers a number of years. Additionally, when budgeting is done on a year-by-year basis, new policy initiatives stand little chance of being sufficiently accommodated because governments tend to have a bias towards already existing programs. For these reasons many countries have introduced a Medium-Term Expenditure Framework (MTEF). The purpose of an MTEF is to indicate the financial resources needed during the medium term, usually for a period of three to five years, in order to carry out existing policy. The MTEF concept differs from multiyear budgeting, which involves fixed budget appropriations for a certain number of fiscal years. Usually, only the first year of an MTEF is approved by parliament as the annual budget. The following years are nonbinding projections of the future cost of existing policy, but provide an indication of the required funding. As these projections become firmer, they form the basis for the annual negotiation of budgetary allocations, resulting in a system of “rolling budgets”. All countries members of the Organisation for Economic cooperation and Development (OECD) have MTEFs, and many developing countries have implemented, or are in the process of implementing, similar tools. The degrees of success have varied. If medium term planning is regarded as a bureaucratic process, and there is no high level of political commitment, the framework is unlikely to become entrenched in the budget process and deliver improvements. The support of parliament is crucial in securing political commitment. In that sense, parliament can play a constructive role by cooperating with the executive to embed MTEF in the planning. The Role of Parliaments in Budget Preparation Direct legislative involvement in the budget preparation stage is uncommon, but there are examples of legislatures or legislative committees being formally involved in contributing to budget preparation at a strategic or macro level. Such are the cases of Canada, Sweden and Uganda. In Sweden, the Parliament fixes the aggregate level of expenditures and revenues in a Spring Fiscal Policy Bill, which is tabled in April and approved two months later. Following the tabling of the budget in September, the Finance Committee discusses and recommends the allocations for 27 ‘expenditure areas’, such as justice, communications and so on. Once the legislature has approved the division of aggregate expenditures, specific parliamentary committees allocate funding to individual appropriations within their expenditure areas. The committees are permitted to change the composition of appropriation but must remain within the agreed total for their expenditure area. Ugandan legislation requires that a budget framework paper must be submitted to parliament following extensive consultations with civil society. The parliament then has three to four weeks to give its view on the framework. The procedure parliament follows is to refer the framework paper to its budget and finance committees for consideration and then to decide on its position in light of the committees’ reports. Myanmar is an example where the executive and legislative branches of government have differing, but significant roles to play in the formulation and adoption of the Union Budget. The 2008 Constitution states that the Union Government needs to submit the Union Budget to the Pyidaungsu Hluttaw for discussion before it can be promulgated into law. The Pyidaungsu Hluttaw than starts a process of reviewing the budget with relevant committees from the Amyothar Hluttaw and Pyithu Hluttaw, after which the Union Budget Law of Myanmar is promulgated at the end of March or in early April. 9 In Canada, where both federal and provincial levels of government have the power to levy taxes and to develop, pass and implement budgets in their areas of constitutional jurisdiction, the Finance Committee of the House of Commons of the Federal Parliament as well as those of some provincial legislatures hold pre-budget consultations where the Canadian public is invited to provide their views on key issues related to the budgets that are being prepared by the relevant governments (federal and provincial). The public consultation process is described in more detail in the relevant section below. The dynamics of party politics can also make it possible for members of parliament to become involved in the budget preparation process. The members of a governing party, in particular, have access to ministers and may exercise influence on them that is different from the access and influence that other members have and can exert. The Role of Donors in Budget Preparation International financial institutions and donor agencies also play a critical role in budget preparation. This is particularly true in the case of countries with high levels of foreign debt or developing countries. The conditions on the basis of which donors provide financial loans can play a key role in shaping the budget. To be supportive of sound budget practices, donor funding needs to be transparent and predictable, and full information on such funding should be given in the budget. Involvement of Civil Society Governments increasingly invite civil society organizations and the general public to provide contributions at various stages of the preparation of the budget. Forms of involvement can include meetings with the private sector, economists, research organizations, industrialists, trade and professional associations, non-governmental organizations and regular citizens, to solicit their views on the forthcoming budget. Civil society organizations can provide independent research or advice from a perspective that is not covered by conventional analyses. Examples are evaluations of the potential impact of the budget on vulnerable groups, such as women or children. Some governments release major parts of the budget to the general public prior to its official presentation in the legislature. This allows to get a preliminary idea of the public reaction to proposals in the budget, and whether or not what the government is proposing will be politically successful or not. The idea of publicly ‘testing’ government proposals with the public is referred to as a trial balloon. PUBLIC CONSULTATIONS AND THE ROLE OF PARLIAMENT A key mechanism for parliamentary involvement in the budget process used by some countries are public consultations. The purpose of pre-budget consultations is to invite the public to provide their views on key issues related to the budget that is being prepared by the relevant government.1 Role and Function of Involved Parliamentary Committees Canada is a notable example of a country where the Federal Parliament and some provincial legislatures have the mandate to conduct pre-budget consultations. The consultations are conducted by the relevant legislature’s Finance Committee, the same committee that is later playing a key role in considering the government’s budget after it is officially submitted to parliament. Following the consultations the committee reports its findings to the entire chamber and to the finance minister. While there may not be a formal requirement for this, these reports normally become the subject of debate in the chamber. 1 It should be noted here that public consultations can be conducted by both the executive and the legislature during the budget preparation stage. The first serve to help the executive in its work on the draft budget, while the second help the legislature, in its capacity of an independent branch of power representing citizens’ interests, to provide an informed input into budget preparation and/or be better prepared for consideration and approval of the draft budget. 10 Public Consultation Mechanisms There are several mechanisms that are used to conduct pre-budget consultations: Public hearings are the most commonly used mechanism. The Minister of Finance and a team of parliamentarians hold meetings at various locations across the country to solicit the budget views of experts, interest groups, and the general public, who provide recommendations to the government. The hearings are televised. The schedule of hearings and the issues to be discussed are announced to the public several months in advance allowing interested groups and individuals to inform the Finance Committee about their intention to participate. Written submissions are another commonly used tool. While, due to limitations in available time and resources, committees cannot always accommodate everyone who wants to participate in a public hearing, written submissions allow every interested group or individual to submit their views in writing. Site visits (also referred to as field inspections or guided tours) are a newer consultation mechanism. They allow parliamentarians to get first hand impression of the operation of a private business, public institution or another entity by a direct visit. In addition to having educational value, site visits can also allow for a more open dialogue. Site visits are off the record and parliamentarians’ questions to the site hosts tend to be candid and devoid of the rhetoric often displayed in the legislative chamber, or even at parliamentary committee meetings. E-submissions are the newest tool that is not yet commonly used but is gaining wider recognition for facilitating greater participation in parliamentary public consultations. Every interested citizen is able to provide his/her opinion through the website of the finance committee that is conducting the consultations. E-submissions (submitted through e-mail or by filling a form on a website) allow those living in remote communities, persons with mobility limitations, or those hesitant to appear before a public hearing to make a submission from a computer workstation that they have access to. 11 Box 2: Public Hearings A hearing is a public meeting of Parliament - usually of Parliamentary Committees - in which witnesses appear to give testimony on business before Parliament. Typically these hearings are typically one and a half hours long with several witnesses. Where the subject matter is controversial, the media may cover them. When witnesses appear, they may provide written submissions as well as their oral testimony. Methodology A hearing typically begins with the presentation of statements by witnesses followed by questioning by members of the committee and discussion. The time is shared between government and opposition members. Hearings are used as a principal means of gathering evidence with respect to the three main functions of parliamentary committees. 1. Legislative Review 2. The Budget Process 3. Committee Oversight and Investigation Witnesses Location Hearings have a number of important values in the governance process. 1. An important means of gathering information 2. They represent the different and diverse points of view of the public 3. They allow the public to influence the policy process 4. They allow Parliament to reach out to the public. The testimony received at hearings is compiled and analyzed by committee staff who present summaries of the testimony to committee members. Source: The Parliamentary Centre, 2002 12 Three uses of hearings Witnesses can be compelled to testify but generally appear voluntarily, either at the request of the committee or themselves. The type of invited witnesses can vary depending on the focus of the hearing: civil society organisations, academia, private sector, professional associations, experts, individual citizens. Hearings take place at the Parliament buildings as well as at locations across the country. Sometimes they take the form of virtual video-conferencing. Value Definition Use of testimony PARLIAMENTARY CONSIDERATION AND APPROVAL OF THE BUDGET The presentation of a government’s comprehensive budget proposal to parliament marks the end of the preparation phase of the budget process and the beginning of the stage of parliamentary consideration and approval. The proposed budget is usually revealed in a speech or statement by the executive to the legislature. It has to be approved by parliament in order to enter into force. The role of parliament in considering and approving the budget differs sharply across different countries. Some are powerful players in the budget process, and shape budgets significantly. Others generally approve the budget as tabled by the executive without any changes. This section covers (1) parliaments’ legal powers to amend and approve budgets tabled by the executive, (2) the timing and stages of the process of parliamentary debate and approval and what happens if the budget is not approved in time for the beginning of the fiscal year, (3) the role of parliamentary committees in scrutinizing budget proposals, and (4) party political dynamics in the process of considering and approving the budget. Legal Basis for Parliaments’ Powers to Amend and Approve Budgets The formal budgetary powers of a legislature are often spelled out in a country’s written constitution, but they can also be based on convention, determined by ordinary legislation, or spelled out in legislative rules. In Myanmar, the Constitution places significant budgetary powers with the Financial Commission, whose responsibility it is to submit to the Pyidaungsu Hluttaw its recommendations for the Union Budget. For a complete description of the Financial Commission’s role in Myanmar, please refer to Box 1: Role of the Finance Commission. Box 1: Role of the Financial Commission Article 230 (a) The budgets of the Union Ministries and Union level organizations are to be vetted by a Vice-President assigned by the President, and the estimated budgets of the Union level organizations including the Union Ministries are to be submitted to the Financial Commission. (b) The budgets of the Region or State are to be vetted by the other Vice-President assigned by the President, and the estimated budgets of the Region or State are to be submitted to the Financial Commission. (c) The Financial Commission shall: (i) submit to the Pyidaungsu Hluttaw with recommendation for the Union Budget which includes the expenditure of the Union territory, a supplementary finance as suitable to the Regions or States from the Union Fund, giving grants as a special matter and permitting loans; (ii) to advise financial matters that should be undertaken; (iii) carry out the duties assigned by the Pyidaungsu Hluttaw through the promulgation of law for the emergence of a substantial financial system. (d) The Financial Commission shall submit with recommendation to the President, the Bill of Union Budget, which includes Union Budget, the distribution of suitable funds from Union Fund accounts to Regions or States, the provisions or funds as a special case and disbursing of necessary loans for submission them to the Pyidaungsu Hluttaw. Source: Constitution of Myanmar (2008) 13 In Article 103 of the Constitution, any bills related to national plans, annual budgets and taxation must be submitted to the Pyidaungsu Hluttaw for further discussion. The Pyidaungsu Hluttaw has some decisionmaking power over the budget, but there are some areas where the Hluttaw is not allowed to refuse or curb spending, as defined in Article 103 of the Constitution of Myanmar (See Box 2). In general, discussions regarding the Union Budget are held within the various committees and during Hluttaw sessions, which helps ensure a majority consensus before the budget reaches the Pyidaungsu Hluttaw. Box 2: Mandates of Pyidaungsu Hluttaw in accordance with the Constitution Article 103 (a) The President or the person assigned by him, on behalf of the Union Government, shall submit the Union Budget Bill to the Pyidaungsu Hluttaw. (b) The following matters included in the Union Budget Bill shall be discussed at the Pyidaungsu Hluttaw but not refused or curtailed: i. ii. iii. iv. salary and allowance of Heads and Members of the Union level organizations formed under the Constitution and expenditures of those organizations; debts for which the Union is liable and expenses relating to the debts, and other expenses relating to the loans taken out by the Union: expenditures required to satisfy judgment, order, decree of any Court or Tribunal; other expenditures which are to be charged by any existing law or any international treaty. (c) Approval, refusal and curtailing of other expenditures except the expenditures specified in Sub-Section (b) shall be passed by the majority consent of the Pyidaungsu Hluttaw. Parliaments’ powers can vary in several aspects. Some legislatures do not have the right to introduce financial legislation. In some bicameral legislatures only one chamber has such powers. Where parliamentarians cannot introduce financial legislation, only the executive can initiate spending and revenue measures. Another important factor is the legislature’s legal powers to amend financial legislation. The more permissive these amendment powers are the wider is the scope for legislative activity in considering and approving the budget. Some constitutions provide the executive with veto authority that requires extraordinary majorities to be overridden by parliament. By exercising a veto, the executive can challenge or alter the choices of legislatures. There are various traditions of amendment powers. The largest category of legislatures have unlimited power to amend the budget. The classical example is provided by the United States whose constitution establishes no legal limits on the budgetary powers of the Congress, although the latter has self-imposed limits from time to time. Unfettered powers allow the legislature, in theory, to introduce its own budget and to rewrite the entire budget proposed by the executive. Other countries constrain the powers of the legislature in order to protect the balance between revenues and expenditures proposed by the executive. This requires that an increase of expenditures has to be counterbalanced with a corresponding cut elsewhere to maintain the aggregate total budget amount. A variant of amendment powers that aims to curb budget deficits allows the legislature to reduce expenditures, but to increase them only with permission of the executive. What this means in effect is that it gives the government a veto over legislative amendments that increase the deficit. Versions of this model are popular in francophone and Latin American countries. 14 In the Westminster tradition parliament cannot initiate financial laws and it has strictly limited powers to amend the government’s financial proposals. Parliament may only reduce existing items proposed by the government, but it may not include new items or increase existing ones, nor can it cut funds. Legislative powers over the budget are sometimes counterbalanced with executive veto powers. Such veto powers are more often found in presidential systems of government, although there are a few parliamentary systems with executive veto powers over financial legislation, such as New Zealand. Box 4: A Typology of the Budget Policy Impact of Legislatures Budget-making legislatures have the capacity to amend or reject the budget proposal of the executive, and the capacity to formulate and substitute a budget of their own. Budget-influencing legislatures have the capacity to amend or reject the budget proposal of the executive, but lack the capacity to formulate and substitute a budget of their own. Legislatures with little or no budgetary effect lack the capacity to amend or reject the budget proposal of the executive, and to formulate and substitute a budget of their own. They confine themselves to approving the budget as it is placed before them. Source: Parliament, the Budget and Gender (originally adapted from Norton, 1993),2004 Executive vetoes can take two forms. A package veto allows the executive to veto a whole piece of financial legislation. In the United States, for example, presidents have used their package veto power to block budget laws passed by the Congress. A line item veto or partial veto on the other hand allows a president to delete individual items in a financial law. This allows for greater selectivity. The Chilean President has such a line item veto, for example. In this way, the decisions of parliament can be significantly changed by striking down particular items in the budget that might be of high priority for legislators. Timing and Stages of the Process of Parliamentary Debate and Approval The budget goes through several stages in the legislature. It usually involves a number of readings and debates by parliament as a whole. These debates are normally about general issues related to the budget and have a publicity function for both government and opposition. The government uses the occasion to advertise its policies, and the opposition has an opportunity to point out perceived problems and to indicate its alternative solutions. In most legislatures detailed discussion of the budget figures takes place in parliamentary committees. The reports of the committees are used to inform the debates in the chamber and the final vote on the budget. Whether committees are involved or not, the final vote takes place in the chamber. The duration of the parliamentary debate and approval stage varies across countries. The Canadian Parliament, for example, can spend about five months considering the budget while some legislatures have less than a month. Overall, the longer a parliament spends reviewing a budget the higher its political influence would be in the budget process. The OECD is recommending a best practice for budget to be submitted at least three months prior to the start of the country’s fiscal or financial year. It also recommends that the parliamentary approval process of a budget should be completed by the start of the fiscal year so that an approved budget is in place once the year starts. Legislatures require both sufficient time and a properly timed budget process to allow for meaningful decision-making. 15 Table 1: How Far in Advance of the Beginning of the Fiscal Year does the Executive Present its Budget to the Legislature? (based on a survey of 60 countries: 30 OECD members and 30 non-OECD countries) Number of Countries Percentage of Total Up to two months 10 26% Two to four months 23 59% Four to six months 5 13% More than six months 1 3% 39 100% Total Source: OECD, 2003 On occasion, the timely passage of the budget may not be possible due to various reasons such as the outbreak of war, natural disasters, etc. There are two general approaches that countries resort to in such cases in order to allow for the state to continue to provide essential services until the budget is passed. There are countries where the executive can undertake interim spending without explicit authorization by parliament, and such where this is not allowed. A well-known example in the second category is the United States, where there are no constitutional provisions for such circumstances. The Government stops its operations when the budget has not been approved at the beginning of the financial year or Congress has not authorized interim spending. In order to avoid government shutdowns the parliaments of many Commonwealth countries regularly pass so-called votes on account that provide governments with an interim authorization to start spending budget funds pending final approval of the budget. Other constitutions stipulate a so-called reversionary budget: in some countries, the executive’s draft budget takes effect if it has not yet been passed at the beginning of the fiscal year. For instance, the French Constitution allows for the draft budget to be implemented by ordinance in these cases: ‘Should Parliament fail to reach a decision within seventy days, the provisions of the (finance) bill may be brought into force by ordinance.’ Such rules establish a strong incentive for the legislature to expeditiously conclude its consideration of the budget, but that need to be coupled with a requirement for the timely presentation of the draft budget to the legislature. In many other jurisdictions, a typical arrangement is to provide for automatic interim spending along the lines of the previously approved budget for a limited period only. For instance, the Nigerian Constitution allows for up to six months and up to the proportional amount of the previous budget if the budget bill is not approved in time. There are also variations in terms of procedures that are followed by countries if parliament does not pass the draft budget presented by the executive. The extreme case is the Westminster model where the non-approval of the budget is considered a vote of non-confidence and the government and parliament are dissolved and new elections called. The Role of Parliamentary Committees As already mentioned above, in most cases detailed discussion of the budget figures takes place at the committee level. It is here that in-depth and more technical debate can take place, while general issues related to the budget are left for debates in the Chamber. By having smaller groups of parliamentarians meet for a detailed review of the budget, committees become a forum for more intense scrutiny, in-depth research, analysis and debate, which would not be possible in a large setting. There are several ways legislative committees can be involved in the approval process. Most national legislatures have a finance or budget committee to consider budget proposals. Sectorial or Departmental committees may make recommendations, but under the centralized committee model, these are not binding. This model is 16 intended to protect the budget from demands for increased spending from departmental committees - such as those dealing with health, education or transport - that often want to increase spending on the areas they are dealing with. On the other hand, the input from departmental committees is important as it provides expertise in particular policy areas during the consideration of relevant expenditures. In some countries financial committees approve aggregate ceilings for various expenditure areas, whereas sectorial or departmental committees have the power to shape the budget of departments under their jurisdiction. An example for such a two-tier committee structure for the consideration of spending proposals is the case of Sweden. This approach allows sectorial committees to provide strong expertise without affecting the aggregate numbers of the budget. Myanmar is an example where 19 committees are formed by the Pyiduangsu Hluttaw, to investigate and check the budget thoroughly with two or three ministries. Each committee has one or two days with each ministry to discuss and investigate expenditure proposals. After the 19 committees have investigated the budget from their area of expertise, they each submit a report to the Joint Public Accounts Committee, consisting of 15 members from the Pyithu and Amyothar Hluttaw, and the Joint Planning and Financial Development Committee, composed of 14 members from the Pyithu and Amyothar Hluttaw. However, the most important committee in the budget process in Myanmar is the Joint Public Accounts Committee, as it is responsible for checking actual government spending against the budget proposals of all the Ministries and Government Organizations. The Joint Bill Committee is another committee involved in some stages of the budget process in Myanmar; however its role is not as significant as the Joint Public Accounts Committee and the Joint Planning and Financial Development Committee. The Joint Bill Committee consolidates the entire budget and drafts the budget bill, which includes how the budget should be managed and used. Party Political Dynamics Budgeting takes place in a broader political context and it is affected by the relations of political actors that participate in the process. The influence of parliament in the budget process depends to a large degree on political party majorities. Where there is a strong majority by one political party, the outcome of the process of debating and approving the budget is much more predictable. On the other hand, if the legislature features several parties without one of them having an outright majority of seats, the executive will have to secure the support of a number of parties to have its budget passed. It is likely to have to bargain and make concessions during this process. A second important factor is party cohesion or discipline. When it is strong the voting tends to take place along party lines even if the outcome does not fully match the preferences of the individual parliamentarians. Lower levels of party cohesion on the other hand make the vote less predictable. Table 2: What Best Describes the Committee Structure for Dealing with the Budget? (based on a survey of 97 countries, including the 30 OECD member countries and 67 non-members from the Middle East, Africa, Eastern Europe, Asia, Latin America and the Caribbean) Committee structure Number of Countries Percentage of total 39 15 55 40.2% 15.5% 56.7% A single budget committee deals with all budget related matters with no formal input from other committees. Sectoral committees may make recommendations, but budget committee does not have to follow them. Lower Chamber Upper Chamber No Answer 17 A single budget committee deals with the budget, but members from other sectoral committees attend meetings of the budget committee. Lower Chamber Upper Chamber No Answer A single budget committee formally considers budget aggregates and sectoral committees consider spending for sector specific appropriations. Lower Chamber Upper Chamber No Answer Sectoral committees formally consider appropriations for each respective sector. No budget committee is in place. Lower Chamber Upper Chamber No Answer No formal committee involvement, but committees may choose to consider aspects of the budget. Lower Chamber Upper Chamber No Answer Other Lower Chamber Upper Chamber No Answer 25 12 17 25.8% 9.3% 71.1% 25 9 69 25.8% 9.3% 71.1% 12 4 84 12.4 4.1 86.6 6 3 89 6.2% 3.1% 91.8% 11 7 85 11.3% 7.2% 87.6% Source: OECD, 2007/2008 International Budget Database -- www.oecd.org/gov/budget/database THE ROLE OF PARLIAMENTARY BUDGET OFFICES In order to be able to consider the budget and make informed decisions parliaments need comprehensive, accurate, appropriate and timely information supplied by the executive (which normally has at its disposal many civil servants with relevant expertise and experience). The amount of supporting documentation that accompanies the budget figures is crucial. In many countries, the budget document itself contains little information on the policies underlying the proposed numbers. Often the only source of narrative information is the budget speech. This makes it difficult for parliamentarians and their staff to understand the policy basis of the budget, and to evaluate whether the budget adequately reflects stated government policy. Even when detailed information is provided by the executive, the ability of parliaments to make informed decisions on the budget requires access to independent information and analysis. Many parliaments only have a few days or weeks to review and discuss the budget after it has been presented to parliament and before the needed approval. Given these time constraints, parliament should always be prepared by consistently gathering information regarding the budget such as government incomes, the country’s priority sectors, economic analysis, budget analysis from independent sources including research institutes, nongovernmental organizations (NGOs), and the media. This information can be used to analyze the draft budget law to ensure that budgeting information provided by the government is accurate. Some countries have or are in the process of establishing independent analytical budget units, or Legislative Budget Offices, that can assist parliament with non-partisan, independent, objective and analytical information in relation to the budget, and thereby help the parliamentarians in scrutinizing and analyzing the budget more effectively. This type of budget offices to assist parliamentarians have been present in the United States and many European countries for a long time, and have recently been established or are currently being developed 18 by legislatures in Africa, Asia and Latin America, for example Ghana, Kenya, Uganda, Nigeria, Zambia, Indonesia, Thailand, Guatemala and the Dominican Republic. In order to be successful in executing their mandates, Budget Offices need to enjoy the confidence and support of both the Majority and Minority in parties. The Director of the budget office should be more technical than political and the staff of the office should be technically competent non-partisan officials. The main functions of a Budget Office comprise: 1 4 Providing economic forecasts; 2 Carrying out baseline estimate – projections and not predictions; 3 Undertaking analysis of Executive’s Budget Proposals – objective budgetary assessment; Carrying out Medium Term Analysis - forces executive to look beyond one year, and estimates medium term economic and fiscal impacts of policy proposals. Eliminates executive’s information monopoly Promotes transparency Simplifies complexity Promotes accountability Improves budget process Enhances credibility Potential Value of Budget Offices Serves both majority and minority Provides rapid responses 19 The pre-eminent example of a budget office established to assist the legislature is the United States’ Congressional Budget Office (CBO) which was established by legislation in 1974 (McGee 2007). The CBO issues three major reports each year: Economic and Budget Outlook Report, looking at prospects for the next ten years; an analysis of the executive’s budget which is available within one month of the budget’s presentation; and a report on various options for the budget. The CBO also reports on the cost of other legislative proposals and on longer-term budget-related issues. The CBO is seen as enhancing the credibility of the budget process by revealing and challenging assumptions that would otherwise go unchallenged. In Canada, a specific Parliamentary Budget Officer (PBO) was created through amendments to the Parliament of Canada Act contained in the Federal Accountability Act. The mandate of the Parliamentary Budget Officer is to provide independent analysis to Parliament on the state of the nation's finances, the government's estimates and trends in the Canadian economy; and upon request from a committee or parliamentarian, to estimate the financial cost of any proposal for matters over which Parliament has jurisdiction. It provides authoritative, nonpartisan analysis to support Parliament and parliamentarians in exercising their oversight role over the government's stewardship of public funds and in ensuring budget transparency. The PBO is provided with a legislated right of access to data that are necessary for the performance of the PBO’s mandate. It has to be noted that support for a legislature may come from outside the legislature. This is especially important when adequate in-house research capacity is not available. Non-governmental organizations (NGOs) may be particularly useful in providing this support by appraising budget information and providing public input into the legislature’s consideration of the budget. The Institute for Democracy in South Africa, for example, put in place a Budget Information Services in 1995 to help the Parliament which had few resources of its own at the time. The service produced regular submissions to both national and provincial legislative committees on draft budgets and public finance legislation. In the end, it is about parliamentarian’s ability to use the information provided to them, in order to exercise their roles as elected representatives of the people. 20 3. Unit 3: The Budget Process and the Role of Parliament: A Canadian Perspective Shawn Murphy Former Chair of the Public Accounts Committee and Member of the Finance Committee Canadian House of Commons The delivery of the budget speech and the tabling of supporting documentation and budget legislation is one of the major highlights in the Canadian Parliamentary calendar. Traditionally the budget in Canada was a very secretive process and governments tended not to disclose any information on the budget until the Finance Minister’s Budget Speech in the Canadian House of Commons. Governments pursued secrecy in the budget process for several reasons. They were worried that individuals would use inside information on the budget to profit on upcoming government decisions. Additionally, governments used budget secrecy to undermine the ability of opposition parties to criticize the government in an effective manner. In recent years, there is less secrecy surrounding the budget process in Canada. Major budget initiatives are now revealed publicly in advance of their official presentation in the Finance Minister’s budget speech. This is the result of a growing desire by the government to get feedback from citizens’ and financial markets and to forewarn the Canadian population about any major changes to the government’s financial policies or shifts in savings or spending. Overall, the budget sets out in great detail the statement of planned revenues, expenditures and forecasted economic conditions. It is a political document that sets out the government’s fiscal, economic, and social policies and priorities. Prior to tabling of the budget, Parliament ensures that the consultation process is as open and transparent as possible. Through the Finance Committee, senior officials from the Department of Finance, the Canada Revenue Agency, the Bank of Canada, and the Office of the Parliamentary Budget Officer report publicly on the state of the Nation’s finances, and many groups, organizations and individuals table briefs and publicly present their own recommendations as to what should be in the upcoming budget. Usually by December of each year, the Finance Committee tables its report in the House of Commons, with its recommendations and to what measures should be in the upcoming budget. Many times the official opposition or one of the other parties will publicly release an alternative budget setting out the parties financial and social priorities. Usually by December of each year or January of the following year, the Finance Committee will table, in the House of Commons, its report with recommendations as to what the committee would like to see in the upcoming budget. 21 While this is going on, other parliamentary committees are working on specific aspects of government programming with an objective of influencing the upcoming budget. Once the budget speech has been delivered, and the supporting documentation and legislation has been tabled, the House of Commons will engage in a lengthy debate as to the budget and its provisions. Although it is unusual in the Westminster system of parliamentary government to make changes in the budget, the entire process brings public attention to the provisions in the budget, and the effects it will have on various segments of the Canadian population. In addition, the budget legislation would be referred to the Finance Committee for further study and scrutiny. Once it leaves the finance committee, it comes back to the House of Commons for a final vote. Once the budget passes the House of Commons, it is then referred to the Senate for further debate and the vote in the Senate. Lastly, individual Members of Parliament, from both the government and opposition benches, would be communicating with their constituents as to the positives and negatives. The net effect is that throughout the process, there is a 2 – 3 week national debate on the budget provisions. 22 4. Unit 4: Parliamentary Committees LEARNING OBJECTIVES After studying this unit you should be able to: Have a better understanding of the roles and responsibilities of parliament in our democratic government, and the use of parliamentary committees in these roles and responsibilities; Understand parliamentary committees, their functions and power; Have a basic understanding of why committees are important in the conduct of parliamentary business Introduction This unit provides introductory information on how parliamentary committees as units of organization within legislatures, provide greater opportunities for in-depth analysis, making it possible for Members of Parliament and ultimately parliament itself to perform its core law making, oversight and representation functions. The unit examines the evolution of the committee system, different types of committees, the various functions of committees and committee powers. What are Parliamentary Committees? A parliamentary committee, sometimes called commission or council, consists of a group of elected Members of Parliament (MPs) or Senators (or both in the case of joint committees) appointed by one or both Houses of Parliament. These parliamentary committees are smaller working groups in which much of the in-depth work of parliament is carried out. The roles and activities of committees will vary from country to country depending upon the governing system, strength and organization of political parties, available resources, and other political factors. Each parliament will also set up its own rules on how committees are established, their composition and mandate, as well as how chairpersons are to be selected etc. However, it is common that parliamentary committees represent all political parties elected to the plenary chamber. Most parliamentarians, apart from cabinet members, will sit on one or more committee. It is important to note that a parliamentary committee has only those powers and authorities as are delegated to it by the legislature. Common Characteristics of Parliamentary Committees Groups of MPs set up within the Parliamentary System A focal point for legislation and oversight in specific policy areas; Not a decision-making body, except with respect to its own internal proceedings; No standing independence of the legislature; Reports and conclusions from deliberations are delivered to the parliamentary plenary body with recommendations for decision and vote. Source: www.undp.org/governance/docs/Parl-Pub-legiscomm.pdf 23 The purpose of parliamentary committees is mainly to conduct inquiries into specified matters including taking submissions, hearing witnesses, sifting through evidence, discussing matters in detail, and formulating reasoned conclusions. By concentrating on specific tasks or subjects, committees can specialize where parliament in plenary cannot. Committees are often organized to mirror the government ministries and each committee will focus on legislative matters related to their area of specialization, such as health, trade and commerce, foreign affairs, defense, environment and so forth. Through its committees, parliament obtains information from government agencies and advice from experts on the legislative matters under investigation. Parliamentary committees enable parliamentarians to undertake tasks that would be impossible to do in the large, formal setting of the plenary chamber. By having smaller groups of parliamentarians meet to review specific legislation or policy issues, committees become a forum for more intense scrutiny of legislation, in depth research and analysis and debate, which would not be possible in a large setting. Common parliamentary committee tasks, such as researching cases or inquiry, gathering evidence from experts groups or individuals, sifting through every clause of a draft bill and drawing conclusions and amendments, are more effectively carried out by small groups of MPs or Senators. The other advantage of committees is that more than one committee can be meeting at the same time enabling many more investigations and legislative reviews to be conducted. Each committee has its own defined area of operation so that parliamentarians can build a level of expertise and comfort to review technical legislative issues in a given area. Why are Parliamentary Committees Important? Parliamentary committees: Are non-partisan and represent all political parties; Have extensive powers to consult the government and the public through public hearings and investigations; Have more time to review legislation and conduct in-depth studies to consider each clause and propose amendments; May oversee the expenditure of public money and can call the government to account for their actions and spending; Are the forum for parliamentarians to access a wide range of community and expert views leading to better informed policymaking; Provide a public forum for the presentation of the various views of individual citizens and interest groups. Committees can, with the assistance of the supreme audit institutions, review government spending to ensure such spending, is prudent, economical, efficient and legal and that all financial transactions have been properly recorded. Source: Professional Development Programs for Parliamentarians and Staff: Parliaments and HIV/AIDS, 2008 24 Functions and Powers of Committees The mandate and functions of committees are often clearly stated in the national constitution and in the rules of orders that govern the functioning of the parliament. Some important functions of parliamentary committees are to monitor the work of the respective department, including legislation, the conduct of public administration and policy issues; contribute to or participate in debates; amend bills; and organize public hearings if an issue is of great public interest. Committees may also initiate bills. In the course of their oversight work, committees may oversee the expenditure of public money. Generally, committees have the right to call upon any government official or other relevant persons to appear before the committee and account for their actions or inactions and to give evidence or to produce documents. Functions of Parliamentary Committees Monitor and oversee the work of national government departments, including overseeing the department’s finances and holding them accountable; Oversee the accounts of state institutions; Examine specific areas of public life or matters of public interest and organize public hearings on such matters; Consider or debate draft legislation and propose amendments; Consider private members’ and provincial legislative proposals and special petitions; Summon anyone to give evidence or produce documents before the committee; Require any person or institution to report to the committee; Consider international treaties and agreements; Source: Parliament, Politics and AIDS, 2006 Number of Committees, Size and Composition The number, the size and the composition of parliamentary committees vary from country to country. Guidelines for setting up committees are often well documented in the standing orders or rules that govern parliament and are limited in their powers by the authority delegated to them. The number of committees in each parliament is often influenced by two factors, the oversight focus areas (for example, health, transport, education, trade etc.) and the number of MPs. The size of parliamentary committees also varies greatly. For example, in the United Kingdom, the House of Commons has 646 members and the size of its parliamentary committees varies. The Public Accounts Committee is made of 16 MPs, while the Finance and Service Committees only have 11 members each. Another example is the current 16th electoral term of the German Bundestag, which has 614 Members of Parliament. Its budget committee is made up of 41 members (Parliamentary Centre 2007). While there is no strict rules on how parliamentary committees are composed, the common practice is to have representation on committees similar to the party representation in the parliament itself. In the Canadian House 25 of Commons, standing committees are composed of 7 to 15 members proportional to party standings in the House. Each standing committee elects a Chair and two Vice-Chairs, of whom the chair must be a government member. The first Vice-Chair is a member of the Official Opposition and the second Vice-Chair must be a member of an opposition party other than the Official Opposition. In Canada, there are four exceptions to this rule: the Standing Committee on Public Accounts; the Standing Committee on Access to Information, Privacy and Ethics; the Standing Committee on Government Operations and Estimates; and the Standing Committee on the Status of Women all elect chairs from the Official Opposition. In these cases, one Vice-Chair is elected from the government and the second Vice-Chair is elected from an opposition party other than the Official Opposition. Public Involvement in Committees Public consultation is an important element of committee work. Through its committees parliament can be better informed of community problems and attitudes. Committees provide a public forum for the presentation of the various views of individual citizens and interest groups by holding public hearings, inquiries and calling witnesses from the government, private and public sectors to provide information on a variety of issues. An important issue for committees to consider is whether to hold public hearings on proposed government expenditures. Committees generally are moving in the direction of involving the public in their deliberations. One reason is that the contribution of civil society can compensate for the lack of budgetary resources on the part of the legislature (though the legislature will still need a resource to analyze that contribution). Advising the public on what is going on before a committee, advertising for submissions and facilitating input of this nature can ensure that a wider range of views on the case and thus new perspectives can be developed. Hearings held in public help to inform and provoke debate on the issues under discussion and are seen as a direct counterpart to debates held in the legislative chamber in full public view. Role of the Chairperson of a Committee The chairpersons of all parliamentary committees play a central role in any committee system. The most important personality in the committee is said to be the chairperson, who is usually responsible for convening and managing the committee. The chairperson: Presides over committee meetings, ruling on all procedural and relevancy issues, such as the relevance of questions, privilege or constitutionality; With the assistance of committee staff, schedules all committee hearings and arranges for witnesses to appear before the committee; Deals with disorder among members or by the public where the latter are admitted to hearings; Answers oral question in the House on behalf of the committee; Signs committee reports and requests the appearance of witnesses or the production of papers on behalf of the committee; Works behind the scenes with the government and other members of the committee on the progress of important legislation; Maintains open communication channels with all committee members; and Acts as a public spokesperson for their committee. Committees that are considering proposed government expenditures are looking at issues which can, at times, be very contentious and therefore require a chairperson who can steer the affairs of the committee, in order for the committee to remain efficient and productive. In these circumstances, the hearings can be seen largely as the opposition’s opportunity to ask challenging questions of ministers and officials. A judicious chairperson can promote this spirit by the manner in which he or she chairs the committee. While chairpersons are not neutral, they are expected to chair committees in a way that is not patently unfair. For one thing, a chairperson acting in 26 an openly partisan manner is likely to provoke trouble in the committee, thus undoing any benefit from cutting corners procedurally. In addition, the chairperson will be expected to encourage members to be attentive at hearings and to participate actively in them. It should be pointed out in most jurisdictions, a majority of committee members have the authority to overrule any decision taken by a committee chair. The following are examples of qualities of an effective committee leader (Ogle, 2004): Competence: Demonstrate understanding of parliamentary process, have a solid working relationship with members and key staff and know the content of key matters assigned to the committee; Flexibility and Adaptability: Learn to adapt to new conditions when circumstances change; Firmness and Decisiveness: Stand firm when decisions are made; Honesty and Dependability: Be honest and forthright with committee members, staff and the media; Openness: Build strong communication links; Fairness: Treat committee members fairly; Tolerance: Understand and accept that members will not support committee leadership all the time; Patience: Recognize times when it is necessary to be patient; Humility: Accept responsibility for mistakes; and Stamina; Project high energy level however long it may take to address matters assigned to the committee. Effectiveness of Committees Effective committees have developed a degree of expertise in a given policy area, often continuing involvement, and stable memberships. This expertise is both recognized and valued by their colleagues. They are both able to represent diversity and reconcile their political differences, so as to develop recommendations for action. Also, they are important enough so that people inside and outside the legislature seek to influence outcomes by providing information about what they want and what they will accept. Further, they provide a means for the legislative body to consider a wide range of topics in-depth, and to identify politically and technically feasible alternatives. The effectiveness of a parliamentary committee depends on a number of factors, these include: The clarity of the committee’s mandate, role and responsibilities; The size of the committee. If a committee is too large or too small it may render it ineffective. Large committees can become unmanageable and small numbers may limit the quality of ideas needed for effective work; The skills of the chairperson of the committee in managing activities and meetings of the committee. This can have a tremendous impact on committee output.); The quality of support staff and resources available to the committee. When committees are wellresourced with the requisite skilled personnel, adequate logistical support, committees can perform very well; Consensus building. The multiparty nature of parliaments often translate into multiparty committees, effective consensus building techniques and a non-partisan approach to committee work therefore becomes critical in promoting committee effectiveness. Continuity. How a committee goes about its work is critical to its effectiveness. One factor can that impinge on its effectiveness is excessive turnover of the members serving on committees. 27 The rules and procedures that govern the operation of parliamentary committees are often similar to those used for the entire house. However, committees often have the advantage of setting up some rules and regulations that improve debates and increase the opportunity for deliberative activities. Conclusion Parliamentary committees play a pivotal role in the day-to-day work of parliament and provide an opportunity for Members to use their particular skills and to nurture their individual interests. They allow legislatures to provide greater scrutiny on matters, such as the details of draft legislation or the decisions taken by the Executive, than would otherwise be possible. The nomenclature, number and functions of committees must suit the needs and resources available to each parliament. If committees are reasonably resourced and take their work seriously, they can make valuable contributions to the operation of parliament, greater engagement by society in the operations of government, and ultimately, enhancement the status and dignity of parliament. A clear mandate, the composition, skills of the chairperson, qualification of staff, access to information and the non-partisan nature of a committee work are critical factors in promoting committee effectiveness. The number, size and composition of committees vary from parliament to parliament, but the mandate of each of these committees is clearly defined in the standing orders of the Parliament. While parliaments may differ in the way they appoint chairpersons for committees, it is clear that committee chairpersons must have good leadership skills along with quality support staff and the necessary resources to be effective. 28 5. Unit 5: The Role of the Finance Committee in the Budget Process: A Canadian Perspective Shawn Murphy Former Chair of the Public Accounts Committee and Member of the Finance Committee Canadian House of Commons In the a) b) c) d) Westminster System, in addition to the representative function, the role of Parliament is to: Approve, amend, or reject draft legislation Approve, amend or reject proposals for the raising of money through taxation; Approve, amend or reject proposals for the expenditure of public funds; and To hold government to account for its delegated and legislative authorities. However, most of the actual work of Parliament is carried out by smaller committees of parliamentarians. Presently, the Canadian House of Commons has 24 committees, which number changes from time to time. Each committee has from 7 – 18 members, which again changes from time to time. The membership of each committee is, from a political party perspective, reflective of the Party standings in the House of Commons. The chair for each committee is selected from the governing party, except for 5 committees that are chaired by the Official Opposition. These committees include the Standing Committee on Access to Information, Privacy and Ethics; Government Operations and Estimates; Public Accounts; the Status of Women; and Scrutiny of Regulations. One of the most important committees of any Parliament is the Finance Committee. This Committee acts as the interface between Parliament on the one hand, and the Department of Finance; the Treasury Board; the Bank of Canada; and the Parliamentary Budget Officer, on the other hand. It provides Parliamentary scrutiny over the Nation’s finances actual and proposed revenues and expenditure proposals. In a Canadian context, the Finance Committee cannot instruct, punish or reward government, and therefore acts as a committee of interface, communication, scrutiny, study, reflection and accountability. The committee has broad powers delegated to it, including the power to compel the appearance of witnesses and, with certain exceptions, the production of papers. Some of the main roles of the Finance Committee is the study of any taxation or other money related legislation including the budget bill, receiving briefings, sessions on planned revenue and expenditures from the Minister of Finance, receive independent revenue and expenditure estimates from the Parliamentary Budget Officer, receiving statements on monetary policy from the Governor of the Bank of Canada, holding public hearings on any proposed legislation referred to the committee for study, 29 completing independent studies chosen by the committee, and carrying out an extensive pre-budget consultation process. The pre-budget consultation process usually starts in the fall of each year. The initial session would have a fiscal update from the Minister of Finance and perhaps, an update from the Governor of the Bank of Canada on the Bank’s projections for future interest rates and inflation. The committee would then receive briefs from groups and individuals across Canada. In addition, the Committee would hold public hearings where interested organizations and individuals can come before the Committee, make presentations and answer questions from Committee members. As a rule, the committee would travel to different locations across Canada to hold public hearings in these locations. Throughout the process, the Committee is assisted by a Clerk and two researchers, who schedule meetings, do research, write briefing notes, and assist with the preparation of the final report. Usually by December or January of each year, the Committee will write and table in the House of Commons its final report. The report is comprehensive and contains recommendations to Government. In the Committee’s last report (2014), the Committee heard from over 400 groups and individuals and its report contained 47 recommendations for government, which were tabled in the House of Commons. Again, these recommendations are not binding on government, but they do carry weight, especially if they are being repeated from previous years. From an effectiveness point of view, the Committee has periods of effectiveness and non-effectiveness. A lot depends on the ability of the Chair to work with all members and also the level of control and cooperation that comes from the Prime Minister’s office. Usually members of the committee develop a high level of expertise on national financial issues. Once the budget speech has been delivered by the Minister of Finance and the budget bill tabled, the legislation is referred back to the Finance Committee for further study. Although the legislation is studied by the committee and witnesses are called, it is unusual in our Westminster System to have any amendments being recommended by the Finance Committee when the Bill is referred back to the House of Commons. 30 6. Unit 6: The Role of Parliamentary Staff: An Introduction LEARNING OBJECTIVES After studying this unit you should be able to: Know the role of Parliamentary staff and their contribution to the effectiveness of committees Understand the importance of meeting the basic information needs of committees for effectiveness. Understand why parliamentary staff need to be non-partisan and have knowledge of how to provide support in an unbiased manner appreciate the multiparty nature of committees and the importance of consensus building Introduction One component of an effective parliamentary committee is professional and competent support being provided by parliamentary committee staff. The case for skilled professional staff to support parliamentary committees cannot be overemphasized. Appropriate staffing is essential if parliamentary committees are to function effectively and there is often a need for different categories of staff if they are to achieve their optimum best. Parliamentary Committees need staff to assist with committee scheduling; administrative matters; addressing procedural issues; assist the committee with writing reports; and providing in-depth analysis of major policy issues. This unit examines the functions of parliamentary staff and how their functions impact the effectiveness of parliamentary committees, and hence the work of parliamentarians and parliament itself. This unit highlights the specific duties committee staff carry out to assure effectiveness and efficiency, making it possible for Members of Parliament and ultimately, parliament itself to perform its core law making, oversight and representation functions. Specific functions such as assessing and meeting information needs, as well as providing administrative are introduced in this unit. Staff Support for Effective Parliamentary Committees Parliamentary committees are normally supported by staff who are often assigned by the Secretary General or Clerk of the parliament to serve a specific committee. The core function of the committee clerks is related to scheduling of committee meetings and witnesses; organizing and coordinating committee travel; communication with all members; and providing research on procedural issues. However, in practice and depending on the country, their role may extend well beyond this. As a non-partisan and independent officer, the clerk serves equally all members of the committee as well as representatives of all parties; clerks discharge their duties and responsibilities with respect to the committee in consultation with the Chair. In Canada, the clerk also acts as the committee’s liaison with other branches and services of the House of Commons. Administrative support staff, who are assigned to assist the committee, work under the direction of the committee clerk. Committee staff ensure that parliamentary committees perform their roles, including taking evidence from witnesses, scrutinizing legislation, scrutinizing government spending, writing reports and conducting inquiries. The role of committee clerks is to manage the work of the committee. He/she is responsible for coordinating affairs and ensuring that the committee chairperson and members have the needed support to be effective by: 31 scheduling all committee meetings; arranging witnesses; giving procedural advice to the committee; taking minutes of the committee meetings; receiving and storing documents on behalf of committees; carrying out administrative duties; assisting in recordkeeping; and advising members on procedures. Committee staff also have an important role in committee outreach in order to facilitate and increase public participation (both men and women). One of the most effective ways for parliamentary committees to engage the public is through public hearings, where witnesses can appear before the committee to provide comments, recommendations and analysis of proposed legislation, government program or more general policy issues. It is the role of the committee staff to research the issue at hand from a non-partisan perspective and to prepare a report to the committee which outlines the key issues and implications of the various policy options, perhaps with examples from other countries. Research should include a wide range of options which the committee members can consider. It is also the task of the committee staff to identify and recommend to the committee which legitimate stakeholders, interest groups and expert witnesses should be called before the committee to testify. Input from members of the general public and from expert witnesses can also be solicited through seminars, workshops, forums, and surveys. Meeting Committees’ Information Needs The very nature of the work of parliamentary committees necessitates access to up-to-date, relevant and nonpartisan information. Since committees often need to study various issues in detail, their need for very specific information is high. The standing orders often give parliamentary committees the opportunity to call witnesses and provide access to a wide range of documentation, from routine information on procedures and processes to in-depth analysis on very technical matters, with which members may not necessarily be very familiar. The support staff of committees, therefore, plays a very critical role in selecting the appropriate information as to ensure that the information needs of the committees are met. In providing this information to MPs, committee support staff should place emphasis on presenting unbiased, factual accurate, up-to-date information. The information must also be provided at the right time and in a format that is easy to understand and use. It is also important to promote the core values of quality, and integrity when providing research support to parliaments. It is absolutely necessary to communicate clearly the institutional mandate and services to all as often as necessary. It is therefore important to note that support to parliament must be non-partisan. A perception of the institution leaning towards any political group can gravely affect the credibility of research work. Formal communication channels must be complemented with continued dialogue, and informal face-to-face discussions. Administrative Support Several types of administrative support are required to ensure the smooth operation of parliamentary committees. The major supporting activities relate to the support staffs’ duties to the chair of the committees, to members of the committee during debate, post debates and deliberations. The major activity of support staff relates to information flow to committee members, to the house, to the chairperson of the committee and to and from government ministries, departments and agencies. Regarding administrative support to the Chairperson, staff members are required to assist the chairperson in preparing a work program. This will typically include a listing and prioritizing of activities for a particular session of parliament or for a pre-determined time period, such 32 as a year; drawing up notices of meetings and agenda for meetings in consultation with the chairperson and providing similar support to subcommittees appointed by the committee. These program schedules are circulated to members of the committee. Support to members particularly regarding information includes: Registration of committee members and alternate members, recording attendance and noting co-opted members; Ensuring that papers referred to the committee are distributed to members; Liaising with government departments, ministries, legal advisors and the general public; Supporting fact-finding missions, oversight missions and public hearings; and Developing a system where committee’s previous recommendations are followed up on. Administrative support duties of committee staff also include: organizing and coordinating committee travel; drafting and circulating minutes of meetings; assisting in preparing committee reports; drafting press releases; publishing committee reports and other relevant notices in the Announcements, Tabling and Committee Reports; and providing similar support to subcommittees appointed by the committee. Requirements for Performing Effective Administrative Functions Administrative support to parliamentary committees can be a challenging task. In some instances, it may include some of the most difficult tasks a committee staff must perform, and will require sound skills and competencies. It involves paying attention to detail, which helps ensure the accuracy of the work being done; and having the ability to work with all members of the committee, but most importantly, having a full knowledge of what is expected of committee staff. One of the indicators of effective performance of administrative support duties is how staff members accurately draft minutes of complex discussions and assist in the preparation of substantive committee reports. These are very demanding tasks and require full attention and a sound grasp of what occurs during meetings, as well as sound conceptual and language abilities in the preparation of documents. It also requires accurate and speedy processing of papers and production of reports, which in themselves require strong organizational and administrative skills. Additionally, a sympathetic understanding of the task of the committee and the resources at its disposal, and an overall grasp of the rules and procedures of the legislature, as they apply to the committee, is crucial. Staff needs to be proactive by providing the needed information and the required support at the right time to ensure that the committee interactions with the legislature are correct, timely, and productive. Procedural support Parliamentary procedure refers to the application of the relevant statutory rules and other rules that regulate and facilitate the functioning of a legislature and its committees. In the case of committee work, this may include: • • • • the powers and functions of a committee vis-à-vis the Standing Orders of the legislature; the power to compel the attendance of witnesses; the powers to recommend to the legislature that the witness be held in contempt of parliament for failure to appear or giving false testimony to the committee; and the handling of committee papers or vast number of other issues. 33 Procedural issues often crop up in situations of political tension and are seldom straightforward, requiring interpretation rather than the straightforward application of rules and practices. In applying legislative rules and conventions to these particular situations, the object should be to take the work of the committee forward while leaving no party with cause for grievance. It is important for the staff to bear in mind, at all times, that staff loyalty should lie with the institution and the political process in the broader sense, rather than with any particular interest. Parliamentary Procedures: Definition Generally accepted rules, precedents, and practices used in the governance of deliberative assemblies. They are intended to maintain decorum, ascertain the will of the majority, preserve the rights of the minority, and facilitate the orderly transaction of business. Rules of parliamentary procedure originated in Britain in the 16th and 17th centuries and were subsequently adopted by legislatures around the world. Robert’s Rules of Order, codified in 1876 by U.S. Gen. Henry M. Procedural support may come in the form of Robert (1837-1923) and regularly refined and practical assistance, that is, in decision-making procedures, or in proactive or reactive oral or written enlarged, is the standard set of rules used by advisory and support. Staff may need to assist the legislatures in the U.S. Chairman to interpret the rules and conventions, Source: www.answers.com/topic/parliamentaryalthough the final decision is that of the committee procedure-1?cat=biz-fin chair. Committee staff may also advise public officials and members of the public on matters relating to the committee, especially if they are required to appear before the committee. Committee staff also distribute the guidelines for witnesses and/or individuals giving oral or written evidence to the committee. A vital aspect of good procedural support is the capacity to anticipate problems. It is much easier to deal with a problem when one has, in advance, studied the relevant rules and discussed the issue with one’s seniors, than when one is confronted with it for the first time in the heat of a difficult meeting. Although the committee staff may provide advice; however, decisions are taken by the chair, whose decision may be overruled by the committee. Procedural Issues Parliamentary procedural issues with which committee staff should be conversant are many. They include: The process for electing chairpersons, including procedures for decisions and voting; The appropriate procedures relating to membership-alternates and co-opted member; Appropriate procedures during voting; Chairperson’s functions and powers; Legislative processes; Relevancy of questions; Committee’s mandate, functions and powers; and The processes for executive accountability and the formation of a quorum. Additionally, procedural issues which need to be considered include, but are not limited to: gathering evidence, including the procedures for calling of witnesses and the rights of witnesses; interaction with the public; correct processing of papers; and the methods/procedures for effective conduct of the affairs for the committee. 34 Requirements for Providing Sound Procedural Advice and Guidance to Committees Sound understanding of the constitution, in particular those provisions relating to the legislature; Sound knowledge of the rules of the legislature, and an understanding of the key principles involved, especially the rules applying to committees (understanding of these key principles usually requires experience); A thorough understanding, not only of committee procedures and conventions, but of the political system and the pace in that system of the legislature and its committees; A firm comprehension of the basis on which to provide non-political advice in a political environment; Understanding of the political dynamics within and outside the committee; Comprehension of the constitutional rules framework within which the committees function. Having this knowledge as a basis, acquire experience first-hand knowledge of how the political process within the committee functions within this framework is critical; Senior experience staff can be a valuable source of wisdom and solutions. While new problems and situations are always cropping up, it is likely that similar situations have occurred before and have to be solved; and Reference books on parliamentary procedures are extremely useful, provided one bears in mind that all legislatures are different. Conclusion At the center of effective parliamentary committees is committee staff, particularly their roles and functions. In order to carry out their mandates, committees require knowledgeable and informed professionals experienced in the operations of parliament and committee work. Different committee staff perform different roles, ranging from providing administrative support and ensuring that the correct procedures are followed, to assisting committee members in recommending new policies. Of great importance is that committee staff is able to work in a non-partisan manner, and that the support they provide to the committee members is unbiased, factual accurate, up-to-date and done in a timely fashion. 35 7. Unit 7: Training and Staffing for Well-Functioning Committees Linda Buchanan Former Director, Human Resource Policy, Planning and Training Canadian House of Commons In this document many of the key concepts relating to training and staffing will be explained, including their linkages to work descriptions. An outline of the principles of adult learning and their implications for course design are set out. The characteristics of a traditional bureaucracy and a modern organization type are summarized and their implications for service delivery are identified. Importance of a Work Description A work description summarizes the key role of the job and outlines its key responsibilities and clarifies to whom the position reports. The key responsibilities are, in essence, the job tasks that an incumbent is expected to carry out. The tasks are framed to reflect the decision making authority of the incumbent and the necessary delegation of authorities to make the decisions. The job classification level is based on the job role and key responsibilities. The classification of the job also determines the pay rate of the position. Based on the position responsibilities and the assigned delegation of authorities, the skills and knowledge required to perform satisfactorily are identified.2 The skills and knowledge form the basis for decision making for the staffing process, performance assessment, and training. Improvements in service delivery often require a realignment of job responsibilities vertically and horizontally across an organization. The realignment, in essence, is a restructuring of the organization often involving changes in delegation of authorities, reassignment of job responsibilities and changes in reporting relationships. In many organizations, organizational capacity assessments occur as part of the approval process of a new strategic plan. The logic is that there is no point in approving a strategic plan unless there is an assessment of the organization’s capacity to implement the plan. The capacity assessment normally includes an assessment of factors such as the organizational structure, delegation of authorities, skills and knowledge of staff, and financial constraints, among others. Implications of a Work Description for Staffing and Staffing Processes In order to conduct a proper staffing process, key job responsibilities need to be analyzed to determine the key skills and knowledge that an incumbent will be expected to bring to the “job”. In the staffing process, decisions are made on the key skills and knowledge as well as personal attributes that a prospective employee must have 2 36 The skills and knowledge required to carry out the position’s key responsibilities may be summarized in a job competency profile. to be successful on-the-job. Personal attributes may include: attitudes towards others in the workplace, personal career goals, etc. To plan the staffing process, the following questions should be addressed: What are the key skills and knowledge required for the job incumbent to perform satisfactorily and the personal attributes that are required to fit into the organizational culture and carry out the job tasks? Where will the job be advertised? Who will be responsible for the staffing administration? Who will be involved in the candidate selection? How will the skill and knowledge requirements as well as the personal attributes be assessed? What rating scheme will be used to evaluate each candidate’s performance on the various skill or knowledge assessments? Will a reference check be conducted and if so, who will do the check? What information on the candidate will be sought through the reference check? How will it be evaluated? Who will provide feedback if unsuccessful candidates request it? What orientation process will be provided to assist the successful candidate to be quickly integrated into the organization and to support his/her effective job performance? Implications of Work Descriptions for Training and Learning The degree to which an incumbent is satisfactorily performing on-the-job requires to be assessed, in order to identify training needs. Training is required if the incumbent needs strengthening of skills or knowledge to improve his/her performance or if a new responsibility has been added for which the incumbent does not have the skills or knowledge to carry it out. Training is not strictly related to technical job skills and knowledge. Often the requirement for training is related to soft skills such as employees’ and managers’ styles of communication when the communication is negatively impacting organizational culture and productivity. The success of training depends on the accuracy of the training needs analysis. Without a proper training needs analysis, training designs cannot target the technical and soft skills and knowledge that are required of participants to improve performance. Adult training is very different than theoretical college or university classroom training. Training designs are practical job-related learning, designed in such a way as to enable participants to be aware of how the learning contributes to improving their on-the-job performance. The design allows for active involvement of and discussion by participants and enables the learner to bring his/her experience to the learning process. The learning is structured in such a way so as to enable participants to learn from the course content as well as from each other’s experience and knowledge. 37 Traditional Bureaucratic and Modern Organizational Structures and Implications for Human Resource Management Traditional Bureaucratic Organizational Structure and Management Style Traditional bureaucratic organizations are characterized by the following: The focus of traditional bureaucratic organizations is control; Decision making is centralized in the top executive and there is no delegation of authorities downward in the organization. The thinking people of the organization are at the executive or senior management levels. Lower level staff implement decisions or instructions approved by the executive. Middle and lower level staff follow instructions received from the top of the organization; Information flows in and out of the organization only at the top or the executive level. All written and verbal information flow vertically up and down the organization. Information is not widely shared among all employees; The organization is compartmentalized. Information is not shared across divisions or widely among all employees. Information can only move from one division to another through an executive level position. Horizontal discussion of issues only occurs at the behest of the top executive; When the top executive makes a decision, that decision is quickly implemented. Generally, there is no discussion of decisions or questioning of the decision; There are many reporting levels. The organizational structure is highly vertical with many supervisors supervising only one position; and The organization usually has clear sets of rules and procedures which are closely followed by all management and staff. Strengths 38 Significant control of decision making by the executive; Implementation of executive decision making is relatively quick; Procedures are formalized and standardized across the organization. Employees know what is expected in terms of performance standards; and Significant amount of form filling to control information flows and decision making. Although implementation of decision making is relatively fast, input into decision making may be restricted and the consequences of the decision may not have been fully considered; Flow of communication tends to be slow moving from layer to layer within the organization. If a position is vacant or an incumbent is absent, the information flow stops; Staff are resistant to change; and Educated and, in particular younger staff, want to have input into decision making that impacts how they personally do their work. Weaknesses Modern Organizational Structure and Management Style Modern Organizational Structures are characterized by the following: The executive, in practice, makes organizational decisions at the strategic level of the organization but can ultimately make any decision on behalf of the organization. This authority is a recognized right. More colloquially speaking, “the buck stops here” is a common phrase associated with the executive at this level of the organization; Senior managers are delegated specific authorities to make decisions within specific limits. In the area of human resource management, senior managers may be delegated authority to approve sick leave, training including approval of travel and accommodation expenditures up to a specific limit, maternity leave, etc.; Employees and managers tend to work collaboratively to bring all relevant information “to the table” as input to support informed decision making; Employees are treated more as equals and expected to appropriately suggest ways to increase the effectiveness and efficiency of an organization; Organizational efforts are focussed through organizational-level plans and objectives which, in turn, are appropriately devolved downward to the employee level. Employees understand how their job outcomes contribute to organizational goals and are held accountable through performance appraisal processes; Delegation of authorities enable decision making at all levels of the organization. For example, a request for information may be directed to an administrative support employee and if the response is in his/her area of responsibility, he/she may respond directly without seeking higher level approval; Information flows in and out of the organization and across the organization at different points. There is much horizontal communication across divisions. To address organizational issues, horizontal teams from across the different divisions are temporarily set up and once their work is completed, disbanded; and The Human Resources Division is expected to provide advice and support to the executive and both management and individual employees. 39 Decision making is based on information from a range of perspectives from different levels in the organization; The time taken to make a decision may be longer but the commitment by staff to implement the decision is much higher because it results from agreement and not just the exercise of authority. Employees may openly question management’s perspective during the decision making process. However, once a decision is made, they respect the decision and move towards its implementation; Organizational values such as “transparency”, “excellence”, “quality”, “customer service” are what form the organizational culture and both managers and employees are expected to “walk the talk”; Organizational structures are more fluid and tend to quickly shift in response to new demands and opportunities. Temporary teams may be formed to carry out cross-cutting functions associated with a specific initiative; and This organizational structure better responds to the work expectations of younger more educated employees. Strengths The decision making process and level of decision making may be different depending on the nature of the issue. At times, there may be confusion as to what level of management has the authority to approve what decisions; The organizational structure may quickly shift to respond to new demands and often results in creating feelings of insecurity on the part of employees; Human resources administration becomes more complex. Job descriptions tend to be used only to determine pay levels. Depending on the nature of work, tasks assigned to an employee tend to be associated with organizational goals/targets; and In delegating greater decision making to managers, an uneven application of HR policies may result. Weaknesses From a human resources management perspective, it is important to understand organizational structures and cultures, in order to assist management to change leadership styles and organizational culture to respond to changing external circumstances. Conclusion A well-functioning support service to parliamentarians is critical to effective democratic governance. Human resources management works invisibly to create an effective support service by ensuring an appropriate structure characterized by clarity of roles and responsibilities with appropriate delegations of authority and staffed by knowledgeable and skilled staff. Excellence in human resources management responds to the needs of all parliamentarians to better carry out their legislative role, represent their constituents’ interests and oversee the Executive. 40 8. Unit 8: Committee Staff and the Budget Process Linda Buchanan Former Director, Human Resource Policy, Planning and Training Canadian House of Commons This document has been designed to help parliamentary staff understand the roles and functions of typical Public Accounts and Finance Committees, including the type of support required by committee Chairs and members for effective committee functioning. The different levels of government and their respective decision-making authorities influence budgetary processes and decisions on the budget. In order to apply the learning from the training sessions offered between June 1st, 2015 and June 4th, 2015, an understanding of the differences between a Westminster system, such as Canada and Myanmar is required. In particular, the key roles of the Public Accounts and Finance Committees differ significantly in these two systems. The differences between these committees are delineated in this document as well as the typical roles of the Committee Chair and staff. Role of the Public Accounts Committee (Canada and Myanmar) Canada The Standing Committee on Public Accounts is the audit committee of Parliament. The Committee reviews the work of the federal government’s external and independent auditor, the Auditor General of Canada. When the Speaker tables a report by the Auditor General in the House of Commons, it automatically becomes a public document and is routinely referred to the Public Accounts Committee. The Committee selects the chapters of the report it wants to study and calls the Auditor General and senior public servants from the audited organizations to appear before it to respond to the Office of the Auditor General’s findings. The Committee also reviews the federal government’s consolidated financial statements – the Public Accounts of Canada – and examines financial and/or accounting shortcomings raised by the Auditor General. At the conclusion of a study, the Committee may present a report to the House of Commons.3 The Standing Committee on Public Accounts focuses on government administration – the economy and efficiency of program delivery as well as the adherence to government policies, directives and standards. The Committee seeks to hold the government to account for effective and efficient public administration and for ensuring that public monies were spent consistent with the approved budget.4 3 4 Parliament of Canada website. Standing Committee on Public Accounts, http://www.parl.gc.ca/committeebusiness/AboutCommittees.aspx?Cmte=PACP&Language=E&Mode=1&Parl=41&Ses =2 Parliament of Canada website. Standing Committee on Public Accounts, http://www.parl.gc.ca/committeebusiness/AboutCommittees.aspx?Cmte=PACP&Language=E&Mode=1&Parl=41&Ses =2 41 Myanmar The Joint Public Accounts Committee’s role involves finalizing the draft budget proposed by the Union Finance Committee. Finalizing the draft budget also includes considering the comments and recommendations of the 19 ad hoc parliamentary committees, especially those from the Joint Planning and Financial Development Committee. The Committee also vets the reports of the Auditor General and considers the audit findings in reviewing the proposed draft budgets. In Myanmar, the Auditor General is a semi-independent officer that officially reports to Parliament through the President’s Office.5 Role of the Finance Committee (Canada and Myanmar) Canada Specifically with respect to the budget, the Department of Finance has responsibility for developing the budget. As support, the Standing Committee on Finance independently holds pre-budget consultations, in order to examine such factors as the state of the economy, projected revenues, interest rates and their impacts on Government priorities for the coming year. These consultations are carried out in public. Specialized interest groups, academics, expert witnesses, etc. may request to appear to present their perspective in a way that often “puts a human face” to the anticipated consequences of potential budget decisions. The Department of Finance provides two annual presentations to update Committee members on the financial position of the Government. Bank of Canada officials provide information on areas such as inflation and interest rates. In addition, the Parliamentary Budget Officer may also be requested to give an opinion on projected costs or revenues of specific programs, initiatives or policies. All reports of the Committee are tabled in the House and are available to the public. The Government may or may not accept the advice of the Committee. A common practice is to have the President of the Treasury Board table the proposed annual expenditure plans or main estimates of the various departments and agencies in the House of Commons. The estimates of each department or agency are sent to committees which have oversight responsibilities for that particular department or agency. The Standing Committee on Finance, having oversight responsibility for Revenue Canada and the Department of Finance, reviews the estimates of these two organizations. The Committee operates, as any other committee, with the prerogative to call witnesses, including deputy ministers to examine the proposed expenditures. All committees also have the prerogative of requesting the Parliamentary Budget Officer to undertake a specific analysis of a proposed expenditure. Myanmar The role of the Union Finance Commission is to formulate a single draft budget for the country. In developing the budget, the Commission considers all of the draft budget requests of the sub-national levels of government, the national public sector organizations and the parliamentary services. It seeks technical input primarily from the Ministry of Finance on issues such as interest rates, health of the economy in Myanmar, projected government expenditures, projected costs of new programs, etc. The Commission considers the various estimate requests in view of expected revenues, health of the economy, interest rates and priorities of the Government and develops a single draft national budget for tabling in the Pyidaungsu Hluttaw. The Commission’s role is to formulate a draft budget. Once the draft budget is tabled in the Hluttaw, it is distributed to 19 ad hoc joint committees with members from both Hluttaws. Each of the 19 committees reviews the draft budget for two or three ministries. The reports of these committees are forwarded to both the ad hoc Joint Planning and Financial Development Committee and the ad hoc Joint Public Accounts Committee. A review 5 42 World Bank Public Expenditure and Financial Assessment Team, Republic of the Union of Myanmar, Public Financial Management Performance Report, No. 75897-MM, March 2012, p.vi. of the reports is completed by the Joint Planning and Financial Development Committee which, in turn, forwards its final report to the Joint Public Accounts Committee. The role of the Joint Planning and Financial Development Committee is to assess the degree to which the draft budget reflects the priorities of the people of Myanmar and to verify the accuracy of proposed estimates to achieve Government priorities. The role of the Joint Public Accounts Committee is to: 1. Examine the assumptions behind fiscal projections and to assess the alignment of proposed spending with Government priorities; and 2. Integrate any final changes into the draft budget that was initially prepared by the Union Finance Commission. The Joint Public Accounts Committee is, so to speak, the last review mechanism before tabling final changes in the draft budget bill in the Hluttaw. The Committee may call experts, tax specialists, Ministers, etc. to explain information and answer questions as well as to check on the accuracy of proposed estimates. On the recommendation of the Committee, the draft budget is tabled in the Hluttaw for debate. Unlike in Canada, the Hluttaw may request high government officials and experts to answer questions and provide information. To support the roles of both the Joint Planning and Financial Development Committee and the Joint Public Accounts Committee, the Ministry of Finance staff is available to clarify technical information and to answer technical questions. It is suggested that parliamentary committee staff avail themselves of the opportunity to seek advice from Ministry of Finance staff to better understand any technical information that is of interest to the Committee. It should be noted that members of both committees tend to function as non-partisan entities whose members are singularly focused on the best interests of Myanmar and its citizenry. The role of the Auditor-General in Myanmar is to: 1. Monitor, evaluate and audit spending of the annual budget approved by the Hluttaw; and 2. Ensure compliance with financial procedures as set out in the various pieces of legislation and financial policies. The Auditor’s findings are integrated into decision making through his/her participation in the Union Finance Commission and through reports presented to the Joint Public Accounts Committee. Typical Roles of Committee Chairs, Members and Staff6 A typical role of a Committee Chair is to provide leadership to the functioning of a committee and act as an impartial arbitrator of committee debate and discussion. Furthermore, the Committee Chair has the responsibility to set the date and time of meetings, set the committee’s agenda, liaise with the Chairs of other committees and act as a spokesperson for the committee. However, one of the key roles of the chair, not to be overlooked, is their management of parliamentary staff, who provide the necessary support, which is essential to the effective functioning of a committee. 6 For more information on the responsibilities of Committee Chairs, Members and Staff, please see Annex A. 43 Committee staff responsibilities include: carrying out administrative functions such as preparation of the agenda as directed by the Chair; notification of members of scheduled meetings, booking of the committee room, distribution of the agenda and accompanying documents, undertaking arrangements for the appearance of witnesses, etc. recording committee decisions and deliberations as draft minutes for approval by the chair and members at the next committee meeting; and developing draft research reports for review, consideration and approval by the chair and committee members; and responding to directions from the Chair and requests from committee members. For parliament to function effectively, committee staff must provide objective and unbiased support and advice equally to all committee members. Committee Procedures in Westminster Parliamentary System In a Westminster System, each Committee establishes its own written procedures, which are normally consistent with the more general parliamentary rules of procedure. In the circumstances when a new government is elected, committee staff plays an important role in advising committee members of the procedures and formalities of the committees set up. The committee procedures involve determining the procedures for selecting the chair, setting out the seating arrangements for committee members, developing processes for setting the agenda, determining the dates for meetings, and scheduling rooms, among other topics. Committee staff provides support to the committees by informing members of options for decision making on procedures and documentation practices. The permanency of committee staff provides a “corporate memory” to inform a new chair and new members of the results of past deliberations and the results of previous research requests. This function is especially important if a new government is elected. 44 Types of Committee Staff and their Responsibilities Administrative Staff Responsibilities: Provide administrative support to the Chair in arranging and following-up on committee meetings. Knowledge: Knowledge of administrative procedures Skills: Ability to communicate administrative information orally and in writing Ability to send and receive information electronically Ability to classify information and maintain a data base of documents Ability to type and format documents using a computer records and Officer-level Support to the Committee Chair Responsibilities: Provide a secretarial function in recording minutes of meetings Provide a research function to the Chair and committee members Provide administrative support in arranging for committee witnesses Knowledge: Skills: Knowledge of basic economics, finance and statistics; structure of Myanmar government; role and functioning of parliamentary committees and parliament Ability to communicate information orally and in writing Ability to write minutes Ability to conduct research, analyze information and write reports Ability to type and format documents using a computer, search information on the internet and send and receive information electronically Conclusion The support provided to committees by committee staff is critical to the effective functioning of a democratic system. The committee staff carry out a variety of important functions for the committee from administrative, reserving a room, set up of the seating arrangement and scheduling meetings to preparing briefs and committee minutes. However, the “institutional memory” they provide during a change in government cannot be overlooked. Effective parliamentary support to committees, through the provision of knowledgeable and skilled professional staff, enables parliamentarians to effectively carry out their important roles in democratic governance. 45 ANNEX A: TYPICAL FUNCTIONS OF COMMITTEE MEMBERS AND STAFF Leadership and Facilitation of Committee Meetings Committee Secretary Committee Chair Parliamentary Committee Procedural and Administrative Support Key Functions Provides expert guidance on the Rules of Procedure Assists to develop agenda Issues meeting notices Reserves a room Liaises with the Ministries to obtain documents and working papers Produces timely committee minutes and decisions Arranges for witnesses Responds to requests for copies of committee minutes, reports and decisions 46 Key Functions Decides on agenda Facilitates committee discussions Manages votes on committee decisions Accountable for committee reporting to the House Manages parliamentary staff Committee Members Committee Research Support Representation of Party and Constituents’ Interests Key Functions Represents the views of constituents and party in committee discussions Research and Analytical Support Key Functions Provides research and information analysis in the area of the mandate of the committee Summarizes and analyzes Ministry documents and working papers Liaises with Ministries on the status of implementation of committee recommendations Recommends external witnesses Directs the fling of committee reports and documents CONTACT US Parliamentary Centre T F E W International IDEA 1000-66 Slater St. Ottawa, Ontario K1P 5H1 CANADA 68B Sayar San Lan Bahan Township Yangon MYANMAR +1-613-237-0143 +1-613-235-8237 [email protected] parlcent.org E [email protected] W www.idea.int
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