Parliament and Accountability. Rasheed Draman

Transcription

1 Parliament and Accountability Rasheed Draman

2 Perceived levels of corruption in key institutions, global average and SSA Political parties average: (Source, GCB 2010) 70% 79% Public officials/civil servants 62% 63% Parliament/legislature 60% 68% Police 58% 82% Business/private sector 39% 51% Religious bodies Judiciary 24% 43% 50% 55% Global SSA Media 24% 40% Education system NGOs (non governmental organisations) 30% 32% 38% 40% Military 19% 30% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% % of respondents reporting the sector/institution to be corrupt or extremely corrupt 2

3 The Role of Parliament The Legislative Function Passing Laws Participation in Public Policy Making Oversight and Accountability Holding Governments to Account Representation Representing Constituents Constituency Work Where will you place emphasis?

4 The Role of Parliament: Citizens Vs. MPs

5 Understanding Accountability Accountability means being able to provide an explanation or justification, and accept responsibility, for events or transactions and for one s own actions in relation to these events or transactions. Accountability plays a particularly important role in the public sector: It is about giving an answer for the way in which one has spent money, exercised power and control, mediated rights and used discretions vested by law in the public interest.

6 Understanding Accountability - 2 It is fundamental to our system of government that those to whom such powers and responsibilities are given are required to exercise them in the public interest fairly, and according to law.

7 Parliamentary Accountability The concept of parliamentary accountability is premised on the fact that Parliament, as the representative arm of government, has the duty to provide checks and balances on the activities of the executive on behalf of the citizenry.

8 Parliamentary Accountability - 2 The heart of any parliamentary system Elected representatives have the right and responsibility to have government leaders and officials explain fully what decisions and actions have been taken, and why Accountability is a two way relationship of power. It denotes the duty to be accountable in return for the delegation of a task, a power or a resource

9 Parliamentary Accountability - 3 Three elements: 1. Transparency : sufficient information is available so that other agencies and the general public can assess whether the relevant procedures are followed, consonant with the given mandate 2. Answerability : An obligation on the part of the decision -makers to justify their decisions publicly so as to substantiate that they are reasonable, rational and within their mandate

10 Parliamentary Accountability Controllability : The existence of mechanisms to sanction actions and decisions that run counter to given mandates and procedures or a system of checks and balances or enforcement mechanisms

11 Mechanisms Committee systems: work of committees is to systematically sustain scrutiny of the executive, ensuring government accountability and transparency to parliament Question periods: are a strong mechanism for compelling the executive to account for how it has administered the state Oversight roles: Allow the legislature to scrutinize and publicize instances of executive malfeasance; E.g., approval of budgets, oversight of implementation, and enforcement of proper auditing

12 Mechanisms Fear of being punished by voters?: Often this fear has driven some Parliaments and MPs to take action to hold the Executive to account.

13 Other Mechanisms Strengthening MPs access to research and information Strengthening political parties Strengthening parliamentary oversight activities Strengthening committee systems Building the capacity of parliamentary staff Building the capacity of MPs Providing centres, such as well-equipped libraries and well-resourced research centres

14 5. Focus on PACs as the gate-keeper for Accountability? Strengthening Committees 1. Limiting turnover of committee chairs and members 2. Strengthening committee research capacity; and 3. Amending regulations to ensure that committees can compel members of the Executive branch to testify 4. Chair persons of committees?

15 Public Accounts Committees PACs are viewed as the apex for financial scrutiny and accountability Promoted as a crucial mechanism to facilitate transparency in government financial operations In this model, parliament confers responsibility to the Executive and, in return, the Executive is accountable to the legislature Watchdogs in this instance, legislative auditors, whose mandate derives from parliament examine the financial performance of the Executive and report to parliament.

16 Fiduciary Responsibility Parliament Auditor General Examines Executive

17 PACs Around the World Creation: Usually legislative standing committees In one set of countries: PACs are a constitutional creation mostly Caribbean Island nations In a second set: PACs are established by the Standing Orders of the Legislature Canada, Tanzania, Ghana etc. In a third set: PACs are institutionalized by an act of Parliament Australia and the UK

18 Composition: PACs Around the World Membership usually corresponds to the distribution of seats in the legislature Majority party controls seats Minority controls Chair as a counterbalance Minority Chair serves to re-equiliberate the balance between majority and minority Importantly, this norm has come to signify the willingness of both sides to operate in a nonpartisan manner Exceptions: Australia, The Gambia, Sierra Leone

19 PACs Around the World Scope and Mandate: Power to examine the public accounts and all reports drafted by the auditor general May also have the power to: conduct some investigations, directly or indirectly; receive all documentation it considers necessary to adequately perform its functions; invite government members to attend the meetings of the PAC and to respond to PAC members questions; publicize its own conclusions; report to the legislature; and suggest to the government how to modify its course of action when necessary.

20 Success Factors How do we know if PACs are succeeding? Recent survey by Stapenhurst et al: Recommendations Accepted Recommendations Implemented Legislation Modified Information Improved Legal Action Taken Disciplinary Action Taken

21 Success Factors Results Africa Australasia Canada Caribbean South Asia UK Recommendations accepted Recommendations Implemented Legislation Modified Information Improved Legal Action Taken Disciplinary Action Take (N) (11) (9) (4) (7) (10) (3)

22 Auditor General and PAC The Auditor General s duty is to certify and report on the accounts of government departments and public undertakings The AG s work is so sensitive that the post is usually a protected one under the constitution of most countries so that it may preserve the official s independence and freedom What is the case in Lesotho?

23 AG and PAC 2 The operation of the Auditor General is so bound up with Parliament s function of financial scrutiny that the AG is given the prerogatives of an officer of parliament, though not appointed by or subject to its administration It is often recommended that the AG should not be seen as a government auditor but as a full-time officer of parliament and that the PAC in particular should have the responsibility for guaranteeing his independence

24 AG and PAC 3 An important part of a PAC mandate is to help ensure the independence of the Auditor- General and to bolster the effectiveness of that office In this sense, the PAC s role is derived from that of the Auditor-General rather than the PAC being an investigative body on its own right

25 AG and PAC 4 Therefore, the work of the AG is and ought to be, the staple of the PAC. In Australia the PAC is under statutory obligation to review all reports from the AG that are tabled in Parliament In most Commonwealth Parliaments the PAC s work depends primarily on the AG s reports

26 AG and PAC 5 While both the PAC and AG are independent in their own spheres, they will function effectively if they co-ordinate their work and operate in a mutually reinforcing fashion. Perspectives from West Africa

27 The Media and PAC Collaboration enhances accountability But media a double-edged sword that needs to be handled carefully The need for a Parliamentary Press Corps What are the experiences here in Lesotho

28 Final Comments Parliaments have a very important national duty to ensure the proper and judicious use of resources Parliaments, particularly PACs, work very well and effectively if they build very strong alliances with the AG s department A good relationship with the media is also very useful in the accountability process Parliament s work, in the pursuit of accountability should not be a witch-hunt but an effort to ensure that citizens get what they deserve