The Parliamentarian 2014 Issue Two - Ending Corruption

TheParliamentarian Journal of the Parliaments of the Commonwealth

2014 | Issue Two XCV | Price £13

ENDING CORRUPTION: The Lokpal and Lokayukta Act 2013

PAGE 100

PLUS Celebrating 20 years of freedom, democracy and peace in South Africa

The Commonwealth of Australia and Norfolk Island: bridging the divide

Building local capacity to strengthen Parliaments

PAGE 82

PAGE 92

PAGE 112

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Women forge a Pacific partnership PAGE 116

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Calendar of Events 2014 June 11-13

Post-Election Seminar, Lilongwe, Malawi

23-7

Parliamentary Staff Development Workshop (Asia/SEA), Sabah, Malaysia

25-8

Commonwealth Women Parliamentarians Gender Workshop, London, United Kingdom

July 14-18

Canada Regional Conference, New Brunswick, Canada

15 -26

45th Africa Regional Conference, Arusha, Tanzania

25-26

Benchmarks Workshop for the Caribbean, Americas and Atlantic Region, Bridgetown, Barbados

25 July –2 August

39th Annual Regional Conference of the Caribbean, Americas and Atlantic Region, Bridgetown, Barbados

July/August

Pre-conference visit to Cameroon

August 11-15

Parliamentary Staff Development Workshop (Caribbean, Americas and Atlantic Region), Belize

The publication of a Calendar of CPA events is a service intended to foster the exchange of views between Branches and the encouragement of new ideas. Further information may be obtained from the Branches concerned or the Secretariat. Branch Secretaries are requested to send updates of this material to the Information Officer (pirc@cpahq.org) to ensure the Calendar is full and accurate.

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A CPA Publication: Following the Money Available to Members and Officials of the CPA for purchase from the CPA Secretariat.

Also available to members of the public from booksellers

SUITE 700, 7 MILLBANK, LONDON SW1P 3JA p: (+44 20) 7799 1460 | f: (+44 20) 7222 6073 e: hq.sec@cpahq.org WWW.CPAHQ.ORG

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CONTENTS

2014: ISSUE 2

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Journal of the Parliaments of the Commonwealth Vol. XCV 2014: Issue Two ISSN 0031-2282 Issued by the Secretariat of the Commonwealth Parliamentary Association, Suite 700, Westminster House, 7 Millbank, London SWIP 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org www.cpahq.org Publisher: Dr William F. Shija Secretary-General Editor: Lisa Leaño Front cover Street scene, Delhi, India Shutterstock® Printed in: England by Warners Midlands, PLC; New Delhi by Jainco Art India, and Singapore by Times Printers Private Limited

COMMENT

MAIN ARTICLES

Inside Issues

Celebrating 20 years of freedom, democracy and peace in South Africa

Celebrating democracy in the Commonwealth Page 72

View from the Chair Maintaining best practice throughout Commonwealth elections Page 74

View from the CWP Joining hands for women’s rights; the role of Parliamentarians in gender empowerment Page 76

View from the Secretary-General

Exploring the link between food, nutrition and disease Page 78

Hon. Max Sisulu, MP Page 82

The British Islands and Mediterranean Region (BIMR) CWP Steering Committee and the BIMR CWP inaugural Conference Ms Patricia Ferguson, MSP Page 86

The Commonwealth of Australia and Norfolk Island: bridging the divide

Impeachments in the Sri Lankan Parliament Mrs Priyanee Wijesekera Page 96

Addressing corruption in the Indian Parliament: The Lokpal and Lokayukta Act 2013 Mr Chakshu Roy Page 100

The 20th Anniversary of the Beijing Platform Ms Patricia Ferguson, MSP Page 104

Ms Robin Adams, MLA Page 92

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104

116

Executive accountability in a Coalition era Shri Satya Narayana Sahu Page 108

Building local capacity to strengthen Parliaments

Dr Rick Stapenhurst and Dr Ladi Hamalai Page 112

NEWS

DIRECTORY

Parliamentary news:

CPA Organization

Canada, Australia, United Kingdom, India and New Zealand.

Page 121

Page 137

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UK: Worldwide: £42 surface post £48 airmail Price per issue UK: £13 Worldwide:£14 surface post £15 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.

Women forge a Pacific partnership

Pacific Women’s Parliamentary Partnerships (PWPP) Secretariat Page 116

Promoting sustainable forest management

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INSIDE ISSUES

Celebrating democracy in the Commonwealth The Editor’s note

“The essence of a democracy is a free electorate” Arlen Specter, Senator, United States of America.

Democracy, across the globe and around the Commonwealth is a system that has undoubtedly improved the lives of its citizens. With India, South Africa and Malawi already having held their elections, 2014 will also see forthcoming elections for New Zealand, Mozambique and Antigua and Barbuda.

It is a system that despite being perfect, is one that as the first Prime Minister of India, Jawaharlal Nehru, said “is good…because other systems are worse”.

India, with its bicameral Legislature, not only represents the States of the Indian Federation in the Upper House (Rajya Sabha), but it also represents the people in the Lower House (Lok Sabha). With a population of approximately 1.2 billion (World Bank), this year’s election was the largest – and longest – electoral exercise in Indian history. Set over nine phases and spread over 69 days, around 551 million people placed their vote in the world’s largest democracy through an Electronic Voting Machine (EVM).

Along with the use of social media channels for candidates to engage with voters, citizens were also given the option for the first time to choose ‘None Of The Above’ when voting.

After a lengthy election process,

leader of the Bharatiya Janata Party, Narendra Modi, was sworn in as the 15th Prime Minister of India on 26 May 2014.

Citizens of South Africa also headed to the polls on 7 May 2014 to voice their opinions and elect a new National Assembly as well as new provincial Legislatures.

The ruling African National Congress (ANC) secured the majority vote of 62.2 per cent, securing a second five-year term for current President Jacob Zuma.

In the aftermath of the death of the country’s greatest leader and former ANC President, Nelson Mandela, the party’s victory came as no surprise.

However, with support for other major parties like Democratic Alliance and the Economic Freedom Fighters gaining strength, the next elections could produce a different outcome.

This year however, marks a more poignant milestone in South Africa’s history as it celebrates 20 years since the end of apartheid. Freedom Day on 27 April not only marked a historical event, it also commemorated a new democratic chapter for the country.

The newest member to join the Commonwealth family, Rwanda, also marked the 20th anniversary of the genocide in April. In the region of 800,000 people were killed in the conflict ordered by the Hutu government against the minority Tutsis on 6 April 1994. In an orchestrated campaign of genocide

so extreme, the Hutu militia and government soldiers carried out the massacre over hundreds of thousands of people. In tribute to the people that lost their lives, the Rwandan President, Paul Kagame, lit a flame intended to burn over 100 days – the number of days it took the Hutus to carry out the killings. In spite of its chequered history, the Parliament of Rwanda has indeed come a long way. In the last parliamentary elections held in September 2013, an impressive 64 per cent of women attained seats, awarding Rwanda the title of the country with the highest proportion of women in Parliament.

While critics of democracy are ready to outline its various flaws, democracy has, and is, bettering the lives of so many people across the globe. Going back to Nehru’s quote, the alternatives to democracy fair far worse, and the freedoms and liberties bestowed to us living in a democratic society should not be taken for granted.

Keeping in line with the subject of democracy, Issue Two begins with an article from the former Speaker of the National Assembly of South Africa, Hon. Max Sisulu. Reflecting on 20 years since the end of apartheid and democracy after Nelson Mandela, Mr Sisulu recognizes that while government has achieved a great deal, there is still more that needs to be done.

Increasing the representation of women in politics and promoting women’s human rights are two areas that continue to be high on the agenda. Issue Two features not just one, but two pieces from the ViceChairperson of the Commonwealth Women Parliamentarians (CWP) Steering Committee. Ms Patricia Ferguson, MSP, reports on two conferences attended in the first half of the year, namely the British Islands and Mediterranean Regional (BIMR) Steering Committee and Inaugural Conference, and the Interparliamentary Seminar on the 20th Anniversary of the Beijing Declaration and Platform for Action.

In the former, Ms Ferguson reports on the workshops and discussions from the sessions, and outlines the future objectives for the BIMR CWP, while the latter details the discussions that took place regarding the implementation of the Plan for Action.

Ms Robin Adams, MLA, questions the future status of Norfolk Island in her contribution, writing on bridging the gap between Australia and the territory. The divide has been an ongoing issue, where only constructive dialogue coupled with negotiations and mutual respect can build bridges and finally close the gap.

The motion to impeach the Chief Justice S.A Bandaranayake in 2012 drew great public attention to the impeachment process in Sri Lanka.

The former Secretary-General of

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INSIDE ISSUES

the Parliament of Sri Lanka, Mrs Priyanee Wijesekera, deduces that it was a decision that was made in haste and one that needs to be amended given the absence of a detailed procedure in the Standing Orders, as well as a disregard of provisions in the Standing Orders that brought the proceedings to an early conclusion.

Corruption in Parliament is a problem that extends across the globe, and one that India is addressing with the recently enacted Lokpal and Lokayukta Act 2013. It is anticipated that the passing of the new Bill and the establishment of an Anti-Corruption Ombudsman

will result in more transparency and openness between the Indian government and its citizens, writes the Head of Outreach at PRS Legislative Research in India, Mr Chakshu Roy. Keeping in line with India, and the Joint Secretary in the Rayja Sabha Secretariat, Shri Satya Narayana Sahu, provides an interesting account of safeguarding the culture of accountability in the Executive. Accountability, he argues, not only promotes better scrutiny of government policies, it also promotes good governance.

The final two articles in Issue Two centre on the theme of

strengthening Parliaments. Dr Rick Stapenhurst, a consultant/advisor for the World Bank Institute, and Dr Ladi Hamalai, of Nigeria’s National Institute of Legislative Studies (NILS) report on the successful running of the International Executive Programme for Parliamentary Staff in Abuja, Nigeria. Several of the objectives include providing training, capacity building and research services for Nigerian Legislatures, and promoting best practices in legislative activities in Nigeria and ultimately across West Africa. The article additionally documents participants’ feedback on what appeared to be a highly successful programme.

The Pacific Women’s Parliamentary Partnerships Secretariat is delivering a parliamentary strengthening project through its Pacific Women’s Parliamentary Partnerships Project (PWPP). Addressing the issues that have led to the under-representation of women elected to Pacific Parliaments, the PWPP aims to transform this with its five-year project. An inaugural PWPP forum was held in Sydney in 2013, with another being planned for this year in Tonga, bringing together women from Australia and the Pacific to collaborate on the second stage of the project.

General Elections are taking place this year across several Commonwealth countries.

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VIEW FROM THE CHAIR

maintaining best practice throughout commonwealth elections

I am most looking forward to the results of the next election in Tonga.

This year is a momentous one for the Commonwealth which sees some of its The Speaker of Tonga, Lord Fakafanua, has recently launched the Practice most prominent democracies engage in elections. Citizens of Bangladesh, India, Parliament for Women initiative to encourage more Tongan women to stand as South Africa, Malawi, Antigua and Barbuda, the Cook Islands, Solomon Islands, parliamentary candidates.

Botswana, Namibia, Mozambique, Tuvalu, Tonga and New Zealand have all gone I am delighted that such positive steps have been taken or are going to the polls this year. Politicians the world over in the country and congratulate Mr Speaker on his proactivity. enthusiastically anticipate elections, no less when acting At the moment, there is only one woman in the Tongan as passive observers, and I have followed the progress and Parliament and it is the aspiration of the Speaker that this preparations for the elections in India, South Africa and number is dramatically increased after the parliamentary Tonga with great interest. elections.

I have often marvelled at the process of democracy in Women’s participation in politics across the one of the largest nations in the world. This year, India once Commonwealth must be encouraged by those within the again pioneered arrangements in which its flourishing political process and supported by those outside it; I know my population of over 563 million people was able to vote in colleague Rt Hon. Rebecca Kadaga and all women involved its General Election. with the Commonwealth Women Parliamentarians will To effectively manage this huge number of votes, actively support this initiative. voting took place in stages over six weeks at 930,000 At a less elevated level than those I have described, there polling stations across the nation. On this year’s electoral Rt Hon. Sir Alan Haselhurst, will also be an election within the CPA this year. My tenure as roll, 20 per cent of the electorate was eligible to vote for MP Chairperson of the CPA International Executive comes to an the first time. India built on its voter turnout figures, with Chairperson of the CPA end at the Annual Conference in October. approximately 66.4 per cent of those registered voting in Executive Committee I have thoroughly enjoyed leading the organization for this year’s polls, an increase on the previous election. the last three years, which have seen a period of significant These figures are staggering and demonstrate a change. remarkable feat of organization that belies the inevitably politically-focussed The role of Chairperson is extremely demanding and requires commitment, media headlines. It is a testament to the organization and determination of the enthusiasm and an instinctive understanding of the role of the Commonwealth Election Commission of India that the election process was so well executed in international affairs. Since my election, I have been immersed in the and acts as a best practice example once again for other populous and diverse Commonwealth’s rich tapestry of associations and organizations working Commonwealth countries. independently and in collaboration on all manner of topics; this is its greatest I paid close attention to the South African parliamentary and provincial strength. elections this year. Twenty years since the first multi-racial elections and sadly The CPA is at the forefront of striving to strengthen parliamentary democracy only a few months after the death of their greatest leader, Nelson Mandela, South across the Commonwealth and it has been an enthusiastic task for me to Africans also went to the polls in May. promote its work to potential partners and make linkages between the CPA’s This was a truly historic vote for South Africans and one that resonated objectives and those of others. strongly with the memories of those involved in the struggle for equality. This was Under the guidance of the next Chairperson, I know the CPA will continue to the first election in which those born after the era of apartheid were eligible to bolster its work in the regions; that more women will be encouraged to participate participate and the nation registered a particularly high turnout of 73.4 per cent. in parliamentary politics and the huge numbers of youth in the Commonwealth The election was met with great enthusiasm by first time voters and I hope that will be inspired to become engaged in public life. this promising demographic will become lifelong voters.

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Above and below: President Seretse Khama Ian Khama of Botswana, and Prime Minister Enele Sopoaga of Tuvalu both face General Elections in their respective countries later this year.

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VIEW FROM THE CWP

Joining hands for women’s rights; the role of Parliamentarians in gender empowerment increased cooperation across parties, especially in all women caucuses and In my View for Issue Two, I would like to address what we as Parliamentarians ethnic lines, and more sustainable peace. can do to cause gender empowerment. Contrary to what a female CEO from I suggest a two-pronged approach as a way forward for Wall Street might tell you about women empowerment, gender empowerment and promoting women’s rights. One a woman living in the rural terrain in Sokoto State in is by fighting poverty through access to resources and credit Nigeria will have a completely different perspective. This facilities. Ways in which Parliamentarians can assist women is the stark reality of the contrasting trends of women through this approach is by: empowerment across the globe, taking into account the trend of economic development, education and the gross • Monitoring the performance of institutions dealing with domestic product. micro-finance to ensure funds reach the intended recipients, Having been a woman Parliamentarian for the last but that the conditions for borrowing are gender sensitive; 25 years, I have been among the lucky few to reap the • Verifying the credibility of micro-finance institutions to benefits of gender empowerment. I therefore feel it is ensure transparency and accountability in the disbursement our obligation as Parliamentarians to unite in bridging the and management of micro-finance; remaining gap. As Chairperson of the Commonwealth • Ensuring the existence of mechanisms for disseminaWomen Parliamentarians (CWP), I recently proposed tion of information on sources of micro-finance and training a three-year strategic plan for furthering women Rt Hon. Rebecca Kadaga, MP opportunities; and empowerment in the Commonwealth. This strategic plan Chairperson of the • Monitoring the government’s implementation of the is intended to galvanize efforts to, among others, trigger Commonwealth Women a drastic increase in the numbers of women in political Parliamentarians and Speaker various international conventions on gender equality and lobbying for a quota system for appointments to senior posileadership in all nine regions of the Commonwealth. of the Parliament of Uganda tions in the public and private sector, including micro-finance There has been an increasing awareness over the last institutions. three decades of the need to empower women through measures to increase social, economic and political equity, The second approach to gender empowerment is as well as the need to broaden access to fundamental through the oversight role of Parliament. It is evident most Sub-Saharan countries human rights, better nutrition, basic health and education. Along with awareness will not achieve the Millennium Development Goals (MDGs) within the expected of the secondary status of women has come the concept of gender as an timeframe, unless there is a concerted effort by both developing and developed overarching socio-cultural variable, seen in relation to other factors, such as race, countries. class, age and ethnicity.

Thus, it is the responsibility of Parliamentarians to ensure that government However, even in light of heightened international awareness of gender policies achieve the intended objectives. Parliamentarians can ensure coherence issues, many countries have not yet managed to eliminate the gender gap. between policy pronouncements and action by: Inequality still exists in education, economy, employment, access to health, and decision-making at local, national and regional levels.

• Mainstreaming gender in the development process, which will require a When women are empowered as political leaders, countries experience change of attitudes towards women. Attitudes will only begin to evolve when higher standards of living and positive equitable developments, particularly in all change agents are involved in making policies and resources are devoted to the areas of education and health. Women’s participation positively affects bringing about change. Parliaments have a role to play in ensuring all stakeholdcommunities, Legislatures, political parties and the people, and ultimately helps ers and change agents, specifically women, are consulted and participate in the democracy deliver improvements to society. Several studies have shown development process; that women’s political participation results in tangible gains for democratic • In order to attain the MDGs, most countries implement Poverty Reduction governance, including greater responsiveness to citizen needs, accountability, 76 | The Parliamentarian | 2014: Issue Two

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VIEW FROM THE CWP

beyond primary school level is hampered by obstacles such as expensive secondary school fees and the cost of required uniforms. There is also a need to address the provision of sanitary infrastructure including scholastic and sanitary materials that will enable both genders to remain in school until completion. It is also necessary to address the provision of schools with reasonable and manageable distances for the students; • Parliamentarians can seek to ensure there are sufficient budget allocations for scholarships targeted at girls living in very poor families to remove such impediments; • Despite the ratification of the Convention to Eliminate all forms of Discrimination Against Women (CEDAW) by governments, women The introduction of continue to suffer from discrimination. legislation and policies that promote equal ownership Parliamentarians should ensure those of land could greatly assist tasked with implementing CEDAW women that are employed in and any affiliated policies have agriculture. received gender sensitivity training and have adequate resources to enforce implementation. Indeed it will be necessary for all women and male MPs to be included in the CEDAW and the Beijing Platform for Action; • Since women constitute the majority of HIV/AIDS cases across the globe, Parliament should ensure legislation and policies are in place that provide women with the information they need about preventing HIV, along with information about treatment and drugs; • A large percentage of women are employed in agriculture, but often do not own the land. Parliamentarians can urge the introduction of legislation and recommend policies that promote equal ownership of land, such as the requirement that land registration certificates bear the names of both spouses; and • In the case of African Parliaments, they could seek to implement the African Peer Review Mechanism (APRM) process, which is designed to assess a country’s performance in attaining the New Partnership for Africa’s DevelopStrategy Process Papers (PRSPs). Parliament has an important role to play in ment (NEPAD) goals. This could ultimately help to ensure greater gender equity. the PRSP oversight, through a PRSP or Budget Standing Committee. Through these committees Parliaments can also ensure the poverty reduction objectives It is my profound hope that the message contained in this article together of the PRSP are prioritized as well as coordination and monitoring of poverty with future articles will re-invigorate all stakeholders in the campaign for gender outcomes. empowerment in the Commonwealth and beyond.

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exploring the link between FOOD, NUTRITION AND DISEASE Food, along with shelter, clothing and education is unquestionably one of our most basic needs. As is the case with any human necessity, food supply is one that should be sufficient as well as of high nutritional value. Across the world, we are witnessing a division between two groups of people; those with an over-abundance of food and those struggling to obtain sufficient supplies. In both cases, the food supply has resulted in generating cases of either poor health, i.e. malnutrition, or growing disease, i.e. the obesity epidemic.

In what we identify as industrialized countries, the food supply, though on one hand generally plentiful, can on the other lead to millions of tons of stale food going to waste each year. The problem has, however, been that the overconsumption of food coupled with the lack of nutritional balance has often led to the prevalence of obesity. It seems, in my view, that in some food-rich countries, people lack

Dr William F. Shija Secretary-General of the Commonwealth Parliamentary Association

the necessary basic education and support mechanisms with regards to food consumption, hence the increase in obesity.

The situation has now obliged policy-makers to review strategies to correct the problem.

There is no doubt that in food-rich countries, fresh and processed foods are plentiful. There are, however, great public health concerns that the pattern of food consumption is causing heart and other diseases. It appears that food overconsumption, unbalanced diets, and the effects of processed foods and oils are affecting various individuals in different ways. The media regularly report stories of populations affected by improper food consumption, identifying good and bad foods, and what steps people should take to better their health. There are also countless websites, i.e. government and lifestyle forums that offer nutritional information. In some cases, the good nutritional information reaches people much too late, particularly when countered by the constant

The Secretary-General’s Speaker S.K Devamany of Perak , Malaysia, (right) signing the Members Book at the CPA Secretariat in May.

The official group photograph of the members of the CPA Executive Committee before the start of the meeting in London in April.

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VIEW FROM THE SECRETARY-GENERAL

impact of food scarcity often weighs heavily on children, the elderly and the disabled. The situation affects conflict areas worst. In food-starved countries, food scarcity is caused by, among others, poor weather conditions, the lack of proper storage facilities, the disruption of traditional food storage methods, poor transport and distribution means and the failure to acquire energy-based modern methods.

The concern of the global community therefore is two-fold: first, the presence of two groups of food consumers means people from both groups are prone to disease due to food over-consumption and food under-consumption; and second, Food over-consumption in the quality of the food that is industrialized countries has led available to both groups can to increased cases of obesity. also have a detrimental effect on people’s health. In the food underconsumption group, disease is exacerbated by the complete lack of choice, hence the consumption of any food, advertising from food marketing giants. It further appears that additional factors including stale, expired and contaminated foods that may be supplied through such as public ignorance and increased consumerism will continue to push the food agencies or untrustworthy sources. rise in health problems caused by the over-consumption of food.

The first goal among the eight United Nations Millennium Development In food-starved countries, the reverse occurs. Food scarcity leads to Goals (MDGs) seeks to eradicate extreme poverty and hunger by 2015. While malnutrition, food poisoning, related diseases and in some cases, death. The

Commonwealth gallery Dr William F. Shija (left) presenting a gift to the High Commissioner of Cyprus, H.E. Mr Euripides L. Evriviades (right).

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the world community is eager to study the assessment report of the MDGs, I join those people who wish to seriously revisit the methodology of implementing the goals in the post-2015 period.

The concern for better methodology should include an evaluation of the entire issue of global food production and consumption. In my view, the international community should work on linking the work of the World Health Organization, Food and Agriculture Organization, World Food Programme, UNICEF, and UNESCO, in order to formulate policies that link the relationship between

education, health, food production and consumption for the next millennium.

It is my view that a new way of thinking should be developed for the post2015 period to recreate a world of people that are equally supplied with good quality food to alleviate hunger, improve nutrition and eliminate food-related disease. The campaign for organic food has grown in popularity in recent years, which should hopefully lead to the elimination of the Genetically Modified Organism (GMO) agenda in agriculture and food production.

The post-2015 period should also emphasize on availing basic nutrition

The Secretary-General’s

The Secretary-General talking with members of the Commonwealth Local Government Forum of Pakistan.

Members of the CPA Executive Committee during the meeting in London.

Dr William F. Shija (centre) pictured with Speaker Justin Muturi of the National Assembly of Kenya (left) with a member of his delegation (right).

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VIEW FROM THE SECRETARY-GENERAL

education to people of all ages across the globe.

We need the international community to debate and agree that the way forward to re-address the first goal of the MDGs is by formulating cross-cutting policies and genuine implementation strategies.

To implement genuine strategies will require bold and frank discussions on how the global partnership will be constructed.

The Commonwealth parliamentary family has the opportunity to suggest how to engage the international community

when they meet at the 60th Commonwealth Parliamentary Conference in Yaounde, Cameroon, this October, on how to shape the required future partnership.

The Conference theme, “Repositioning the Commonwealth for the post-2015 Development

Agenda” provides an opportunity for Commonwealth Parliamentarians to discuss on how to proceed in the next millennium with regard to the connection between food consumption and health in urban and rural areas, and in industrialized as well as developing countries.

Commonwealth gallery Four Interns from the Provincial Legislature in Saskatchewan (seated) pictured with members of CPA Secretariat staff in London.

The Secretary-General with the Speaker of the Senate of Canada, Hon. Noël Kinsella (centre) and the Speaker of the Canadian House of Commons, Mr Andrew Scheer (right).

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TWENTY YEARS OF DEMOCRACY IN RSA

Celebrating 20 years of Freedom, Democracy and Peace in South Africa Celebrating two decades since the end of apartheid and the beginning of a new democratic South Africa, the process of introspection for the government is one that is not only pertinent, but also timely given the recent elections. While the government acknowledges the achievements that have been made, the important milestone also calls for reflection on what still needs to be done, states the former Speaker of the National Assembly.

Hon. Max Sisulu, MP Mr Sisulu is the former Speaker of the National Assembly of the Republic of South Africa, a title he held from 2009 to 29 May 2014.

He was a Member of Parliament from 1994 to November 1998. In 1997 he was appointed Chief Whip of the majority party, the African National Congress (ANC).

Hon. Max Sisulu

“Democratic South Africa remains aware that we have to continuously remain vigilant that the people do in fact govern.” President Nelson Mandela, 19 June 2001 On 27 April 2014, the people of South Africa celebrated 20 years

of freedom, democracy, peace and stability.

Twenty years ago, the majority of previously disadvantaged and oppressed South Africans exercised their democratic right to vote for the first time.

The day marked the end of a painful past and a struggle that claimed thousands of lives, but it also marked the beginning of a new era, a new and democratic state, free from oppression, segregation and white minority rule.

Alongside the celebrations, all of us, especially those in government have a duty to take stock of what has been achieved over the past two decades as well as that which still needs to be done in the years to come. This process of introspection is particularly important as our people returned to the polls on 7 May 2014

and elected a government of their choice.

Overall, we can confidently assert that South Africa has made steady progress in the last 20 years in all sectors of society.

A fundamental principle which continues to guide us as a nation is our belief that without respect for a plurality of views, there can be no true democracy. Where there is a multiplicity of voices it is crucial that every voice gets heard and is seen to be heard. We continue to do so in the firm belief that if communities are to live together in peace and harmony, we need to emphasize that which unites us; our common humanity, and our shared belief that human dignity and rights should at all times be promoted and protected by law.

Our constitution therefore, proudly declares, that “South Africa belongs

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TWENTY YEARS OF DEMOCRACY IN RSA

to all who live in it, and no government

can claim authority over another unless it is based on the will of all the people”. This is also the reason that South Africa decided on an electoral system of proportional representation to ensure that all the people of South Africa in their diversity can have representation in Parliament.

The South African Parliament is a testimony of what is possible when a nation decides to unite and choose a future of hope and progress. The late Nelson Mandela in particular had a profound respect for Parliament at all times and intuitively understood the importance and significance of the institution.

This fact is clearly underscored

by Madiba when he addressed the National Assembly, 20 years ago, and articulated the role of Parliament as follows:

“...Those who frame and enact the constitution and law are in the vanguard of the fight for change.

It is in the Legislatures that the instruments have been fashioned to create a better life for all. It is here that oversight of government has been exercised. It is here that our society in all its formations has had an opportunity to influence policy and its implementation.”

In doing so, we have been guided by the constitution to ensure a government of the people, by the people, for the people. This has been achieved by providing a national forum for public consideration and discourse of issues, by passing legislation and scrutinizing and overseeing Executive action.

History teaches us that strong and accountable democracies require

Opposite page: Table Mountain, Cape Town; Above: 20-year Democracy Anniversary celebrations in April 2014; Left: Nelson Mandela’s statue in Nobel Square on the Victoria and Albert waterfront in Cape Town.

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TWENTY YEARS OF DEMOCRACY IN RSA

strong, well-functioning and vibrant institutions such as Parliament.

Democracy itself is not a static process and no perfect model exists anywhere in the world. In recognition that we are not an island unto ourselves but part of the global community, we have learnt from the example of others who went before us and inserted into our constitution the most progressive

provisions relating to openness, public participation, outreach, oversight and the justifiability of socio-economic rights.

The role of Parliament is to safeguard democracy as well as ensure that democracy has tangible outcomes such as improving the lives of millions of our people. Over the course of 20 years, the South African Parliament in collaboration with civil

society has worked extensively to expand the frontiers of freedom and fulfil the founding provisions of our constitution by ensuring human dignity, achievement of equality and the advancement of human rights for all our people.

In the last 20 years, Parliament has successfully changed the entire legal edifice to root out apartheid legislation and its legacy. This has

involved the passing of over a thousand ground-breaking and progressive laws at a rapid pace.

Twenty years after we have attained our freedom, the reconstruction and development of South Africa remains ongoing.

Our focus as Parliament now shifts to ensuring that we deepen and strengthen our democracy.

Parliament in particular has

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TWENTY YEARS OF DEMOCRACY IN RSA

Former President Nelson Mandela casting his vote during South Africa’s first al-race election in 1994.

undertaken an extensive overhaul of its Rules and Procedures, Oversight and Accountability Mechanisms as well as its Public Participation processes, all to ensure that we act in step and are in tune with our people at all times.

Going forward, we are painfully aware that Nelson Mandela is no longer with us, though his example and teachings will remain with us

forever. In Madiba’s honour, we will continue to practice and uphold the noble ideals for which he and other freedom fighters stood, fought and died for. This is so because we have institutionalized and codified their values in our constitution which is regarded as one of the most advanced constitutions in the world today.

The country will continue to

uphold the values and principles of Nelson Mandela because we have built safeguards in our constitution not only to protect but to also promote and strengthen democracy. We have the responsibility to ensure that democracy is realised by all our people and we do so, as Parliament, by ensuring that government delivers on its responsibilities.

As leaders of our society, our

work is guided by the aspirations of those whom we represent and serve.

We have to continue the long walk; the next phase of ensuring a better life for all our people in their lifetime.

We do so in continuing the legacy of Mandela when he said that “...without socio-economic changes to improve the living conditions of especially the poor, our newly achieved democracy will be hollow”.

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REPORTING BACK: THE BIMR CWP

The British Islands and Mediterranean Region (BIMR) CWP Steering Committee and the BIMR CWP Inaugural Conference

The Vice-Chairperson of the Commonwealth Women Parliamentarians Steering Committee, Ms Patricia Ferguson, MSP, reports on the recent British Islands and Mediterranean Region (BIMR) Commonwealth Women Parliamentarians (CWP) Steering Committee and the Inaugural Conference of the BIMR CWP that took place in March 2014.

Ms Patricia Ferguson, MSP

Ms Ferguson is the ViceChairperson of the CWP Steering Committee. She was elected as member of the Scottish Parliament in 1999. She served as Deputy Presiding Officer, Chair of the Scottish Commission for Public Audit and as a member of the Standards and Procedures Committees until November 2001 at which time she was apppointed by the First Minister to the position of Minister for Parliamentary Business.

Ms Patricia Ferguson, MSP

At the Annual General Meeting (AGM) of the 42nd British Islands and Mediterranean Region Conference in June 2012, it was agreed that an election process would be established to fill the vacancy for the BIMR representative on the Commonwealth Women Parliamentarians (CWP) Steering Group.

At the following AGM which took place in February 2013 in

the Falkland Islands, an election process was agreed and enshrined in the BIMR constitution. It was also decided that a BIMR CWP Steering Committee would be established to support and inform the work of the BIMR regional representative on the CWP Steering Group.

At the end of March 2013, I was elected to represent the BIMR on the CWP Steering Group. Although newly established, it was clear that the women within the region were keen to lay a solid foundation on which to build on for the future.

Our first steps were to ask each Branch within the BIMR to nominate a woman Parliamentarian to represent their Branch on the Steering Committee. There are 13 Branches within BIMR and at the time the Steering Committee was being established, two branches Alderney and St Helena had no women Members. I am pleased to

say that following recent elections in St Helena, the Branch now have two women members. The other members of the BIMR CWP Steering Committee are: • Hon. Samantha Sacramento, MP, Gibraltar • Ms Sandra James, MBE, Guernsey • Hon. Clare Christian, MLC, Isle of Man • Senator Sarah Ferguson, Jersey • Hon. Dr Justyne Caruana, MP, Malta

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REPORTING BACK: THE BIMR CWP

The group of participants gathered at the BIMR Conference in Edinburgh in March 2014.

• Ms Jo-Anne Dobson, MLA, Northern Ireland Assembly • Dr Roberta Blackman-Woods, MP, UK • Ms Joyce Watson, AM, Wales Meetings took place on 9 July 2013 in London and 15 July in Edinburgh. This year’s meeting took place on 27 May 2014.

The purpose of these early meetings was to agree a remit for the Steering Committee and map out future plans for the BIMR CWP. The objectives of the BIMR CWP Steering

Committee include: • Building the capacity of women elected to Parliament to be more effective in their roles; • Improving the awareness and ability of all Parliamentarians, male and female, and encouraging them to include a gender perspective in all aspects of their role – legislation, oversight and representation; • Helping Parliaments to become gender-sensitive institutions; and • Encouraging more women into politics and connect with the work of the Commonwealth.

A draft action plan, logo and plans for a BIMR CWP website are at an advanced stage and will likely be approved by the BIMR CWP Steering Committee by the time this article has been printed.

The Steering Committee felt it was crucial to establish a website sooner rather than later to enhance our ability to share information with BIMR women Parliamentarians, women Parliamentarians from other CPA regions and the wider public.

It is hoped that further changes will be made to the BIMR constitution

to put in place a framework and mechanisms to sustain this early work.

Changes already made to the BIMR constitution stipulate that the Chair of the BIMR CWP will always be held by the BIMR regional representative on the CWP Steering Group and all Branches within the region will have the right to nominate a Branch member to join the Steering Committee.

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REPORTING BACK: THE BIMR CWP

Her Majesty Queen Elizabeth II signing the Commonwealth Charter in 2013: The Charter and its relation to strengthening gender equality in the region featured as a topic in Session Two. in relation to the newly established BIMR CWP. The Steering Committee hope to use information and communication technology to improve access particularly for those Branches situated in the South Atlantic.

One of the earliest decisions reached by the Steering Committee was to hold a conference to bring together women Parliamentarians from within the region to begin the process of understanding what the particular local challenges are within our very diverse region.

The CPA Scotland Branch Executive Committee agreed to provide financial support and other resources. Subsequently, a successful application was made to the CPA Secretariat for

a financial contribution to develop the CWP within the BIMR region.

Conference The Inaugural Conference of the BIMR Commonwealth Women Parliamentarians took place from 15 to16 March 2014 at the Scottish Parliament. The theme of the conference was ‘Enhancing the Participation of Women in Politics.’

The sessions explored the experiences and views of the women Parliamentarians who attended on the challenges facing female political

candidates and serving politicians. The conference brought together female Parliamentarians from Gibraltar, Guernsey, Isle of Man, Jersey, Malta, Northern Ireland, Scotland, UK and Wales to look practically at how to promote and ensure gender balance within the BIMR. The conference was conducted under the Chatham House Rules.

We were delighted and honoured when Hon. Lindewe Maseko, MP, Speaker of the Gauteng Provincial Parliament, accepted an invitation to address delegates.

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REPORTING BACK: THE BIMR CWP

enhancing the contribution we make to parliamentary democracy.

The themes explored during the conference included: • BIMR women Parliamentarians: strengths and weaknesses • The Commonwealth Charter – What can BIMR CWP do to promote gender equality and equity in the work of the CPA BIMR region and across the Association • Pre-selection and post-election challenges and opportunities • The media representation of women in politics

As a region, we are aware that, on many fronts, other regions are ahead of the game. CWP groups are already organized in Africa, Australia, Canada and the Caribbean.

Ms Maseko was able, through her own experiences as a female politician and former Chairperson of the CWP, to provide support and encouragement to the delegates.

She helped us consider how best to develop our learning in order to maximize our potential, develop skills and improve our contribution to supporting each other better and

Session one Ms Sandra White, MSP, chaired the first session on ‘BIMR Women Parliamentarians: strengths and weaknesses.’ Dr Roberta BlackmanWoods, MP, UK; Hon. Samantha Sacramento, MP, Gibraltar; and Ms Jo-Anne Dobson, MLA, Northern Ireland, sat on the panel.

The aims of this session were to stimulate open and constructive discussion to enable delegates to learn about the challenges facing political aspirants and serving politicians within their jurisdictions.

Information that emerged during the session included a United Nations study, stating that women who were born post 1977 had a different perception of women’s rights.

Previous gender equality struggles over the years were recognized, but it was mooted that the campaign had to be different, given that democracy involves constant evaluation and reassessment. It was also raised that women perhaps needed to go beyond simply pressing for representation and convince people why representation was necessary.

The pros and cons of party quota systems, twinning, zipping and balanced shortlists were discussed robustly with points of view about meritocracy and tokenism. While some women succeed in being selected and elected where there are no mechanisms to support them, it is still the case that many more men succeed in being selected and it

cannot be the case that they always succeed entirely on merit.

Statistics also showed that, if there are no mechanisms in place to ensure women are elected, Legislatures tend to get stuck at around a 20 per cent rate of representation by women.

We noted that without mechanisms to encourage and support women it will take another 100 years to achieve 50 per cent representation.

It was argued that if we believe that equality is important and that members of Parliaments should resemble the people they represent, mechanisms are needed to get them there in sufficient numbers to make a difference and provide diversity.

The role of mentors and role models were discussed and it was generally thought that these could be highly beneficial to women politicians as would leadership training.

Women delegates were asked to state one action which they would undertake to improve or encourage female participation within their own jurisdictions and to also suggest actions which other delegates might find useful and be able to utilize.

Delegates were asked throughout the conference to pin thoughts and

policies, senior parliamentary clerks and staff.

At the end of this session the delegates had a deeper understanding of the diversity of the circumstances that exist within the region. It is hoped that this insight and deeper knowledge about both existing barriers and opportunities facing political aspirants and serving politicians will provide a basis to strengthen support and networking from within the region.

Session two This session was chaired by Senator Sarah Ferguson and panellists included Deputy Sandra James, Guernsey; Ms Joyce Watson, AM, Wales; and Dr Marsha Scott, Engender Scotland. The session provided an interesting mix of academic insight, anecdotal experiences and discussion around critical themes which included equality and political systems.

It was generally felt that to deliver different results, personal relationships alone would not achieve this nor would legislation.

Mechanisms are already in place to prevent and discourage inequality. It

“Women should be encouraged to challenge the structures which benefit men and men that support gender equality should be enlisted to provide support. “ ideas using green cardboard leaves to a bare tree which we had drawn on a blank canvas and to write down proposed actions on orange cards which depicted fruit. This novel idea was successful and attracted more than 30 contributions.

We also produced a document containing a gender breakdown for each jurisdiction on women’s involvement at parliamentary level within the region.

The survey gathered information about Speakers, Party Leaders, Government Ministers, gender

was widely agreed that to effect real change there more fundamental change was needed to achieve the desired aims.

Women should be encouraged to challenge the structures which benefit men and men that support gender equality should be enlisted to provide support. Session two was peppered with quotes which added some humour to the discussion of a very serious topic.

Delegates were asked to reflect upon the following quote made by American statistician and author W. The Parliamentarian | 2014: Issue Two | 89

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Former Australian Prime Minister Julia Gillard experienced discrimination in the media during her term in office.

Edward Deming, and think about what mechanisms in our respective systems needed to be changed: “Your system is perfectly designed to give you the results you are getting.”

It was agreed that networking is one of the best ways to strengthen gender equality by tapping into the expertise and soliciting support from other networks. There was support to formalize a networking system for women within the region.

Early intervention was also discussed and mothers played a key role in shaping the attitudes of their children. It was also suggested that education in gender equality matters should be particularly targeted at young girls.

Delegates heard that in 1999, a commitment to equality was firmly established as a key principle when the Scottish Parliament and the National Assembly for Wales were founded.

The devolved Parliaments of Wales and Scotland had elected women Parliamentarians well over the critical mass of 30 per cent which is the level that is generally accepted to effect positive change within political institutions. In Wales, 50 per cent of the elected Assembly were women and in the Scottish Parliament the figure was almost 40 per cent. In the intervening years both became international beacons of progress in establishing higher levels of

representation for women in politics.

However that number has declined in recent elections. When women stand down there is a tendency for them to be replaced by men.

One of the aims of this session was to discuss action that women Parliamentarians could take to ensure equality for all at CPA events.

The delegates were encouraged to argue for 50 per cent of the places at CPA events. The message from this session was crystal clear.

Discrimination of women will be challenged by the women of the BIMR and ways would be found to network more effectively with their counterparts from across the Commonwealth.

Session three Agnes Tolmie, Chairperson of the Scottish Women’s Convention chaired the third session on ‘Pre-selection and post-election challenges and opportunities.’

The lead speaker and panellists were: Angela O’Hagan, Convenor of the Scottish Women’s Budget Group; Johann Lamont, MSP, Leader of the Scottish Labour Party; and Ms Shona Robison, MSP, Scottish Government Cabinet Secretary for Commonwealth Games, Sport, Equalities and Pensioners’ Rights.

The aim of this session was to gain a deeper understanding of local circumstances prevalent within the region, particularly barriers and

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their chance of winning the election is negligible?

• Do the women in BIMR suffer from under reporting of their election campaigns?

• How can the region support Legislatures within the region where women members hold less than 20 per cent of the seats?

opportunities which may exist in relation to women politicians and provide a wide range of possible solutions for any challenges which are identified. Specific questions addressed included: • Does experience bear out the perception that the lower representation of women candidates is the result of prejudice towards women in political parties?

• How realistic and/or effective are 50/50 campaigns and selection processes which guarantee the selection of equal numbers of male and female candidates?

• Do political parties field women candidates in constituencies where

Ms Maseko was complemented by the Chair and fellow delegates on how women had mobilized in South Africa.

Delegates were reminded that the women politicians in South Africa and the Africa Region were an example to their sisters in the BIMR, and that the BIMR CWP should look outwards to other regions for inspiration, innovation and guidance.

The importance of gender budgeting in government planning, programming and budgeting was also discussed. It was generally agreed that gender budgeting could highlight gender gaps and that gender analysis should be integrated into all policy making.

Budgets reflect the values of a country and a dedicated women’s budget group can bring in a range of voices which may lead to political change in the budget process. It is essential that these groups have access to parliamentary committees and the government.

Delegates agreed that party systems/processes/attitudes need to change; positive action is necessary; quotas may not work everywhere; there may be generational differences in thinking about gender equality issues; and that women need other women – women politicians should consider pushing for more women in Parliament and for women Parliamentarians to pull on women on the outside. This we learned is called the ‘push and pull effect.’

Session four Ms Margaret Mitchell, MSP, Scotland, chaired the final session on ‘The Media Representation of Women in Politics.’

The lead speakers and panellists for this session were Ms Ruth

Davidson, MSP, Leader of the Scottish Conservative and Unionist Party; Ms Susan Dalgety, Senior Associate, Active Learning Centre; and Ms Kate Higgins, campaigner and blogger.

This session explored the local challenges and highlights in relation to women Parliamentarians and their relationship with the media. There was discussion focused on the barriers that prevent women from becoming involved in parliamentary politics, and on issues such as the portrayal of women politicians in the media, as highlighted recently in the case of former Australian Prime Minister Julia Gillard.

Discussions also included looking at ways in which to better enable women politicians to find innovative ways to use the media, and social network sites to raise the profile of gender issues and enhance individual profiles. Delegates were left in no doubt that the digital age is not coming – it has arrived. They were also given the opportunity to view a range of examples of websites highlighting both good and bad practice.

One of the most helpful suggestions was for women Parliamentarians to establish their own website.

A website is the minimum digital medium for any politician, which should be bolstered with social media. Social media, and in particular, Facebook, may be the best way to engage with some groups. Women should consider using social media to write their own stories, and not to rely on others to do it for them.

Women Parliamentarians within the BIMR discussed whether women generally received equal coverage in the media. Women politicians’ appearance, their clothes, voice, and hair, are constantly picked over by political commentators. The consensus seemed to be that the make-up of the mainstream media contributes to this, with most reporters and editors being male. Male politicians tend to network with male journalists, and women are left out of this system.

The reasons for this are well known and are both cultural and social. Overall, the media is dominated by men, and the choice open to women is either to wait for the situation to improve on, or to look for alternatives.

Information gathered during the session will be used to inform the content of future BIMR CWP communications plans and provide ideas on how the BIMR CWP might use traditional and social media to raise the profile of the group.

Throughout the conference, the delegates shared different experiences and information about the many challenges, discrimination and prejudice women face in public and private life.

Most of the discussions were focussed from a political perspective, however some discussions were wider and lots of interesting information was shared.

A delegate from Wales gave an overview of a campaign to stop domestic violence against women called “White Ribbon Day”. Delegates were asked to encourage their Branches to mark this occasion which takes place on 25 November every year.

Future hopes I hope that the conference will be the start of a sustained programme of work undertaken in the context of the Commonwealth Charter, by women Parliamentarians both in our individual Legislatures and collectively.

The conference ended with a pledge to propose that the BIMR should discuss the formalization of future conferences by amending the constitution of the region at the next BIMR AGM. This year will be an important year for the women of the BIMR CWP as we begin our work to achieve the objectives we have set.

We look forward to networking with other women through the CWP regional networks to strengthen and develop our own regional group and to contribute to the improvement of the position of women Parliamentarians within the CPA.

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RELATIONSHIP MATTERS: NORFOLK ISLAND AND AUSTRALIA

The Commonwealth of Australia and Norfolk Island: Bridging the Divide The issue of bridging the divide between the Commonwealth of Australia and the Territory of Norfolk Island is one that has yet to be resolved, leaving unanswered questions regarding the territory’s future status, writes the island’s Minister for Cultural Heritage and Community Services.

Ms Robin Adams, MLA

Ms Adams is currently the Minister for Cultural Heritage and Community Services in the Norfolk Island Government., having been appointed on 13 March 2013. She is a Norfolk Islander of Pitcairn Descent and an Australian citizen.

Prior to her current role, Ms Adams was Speaker of the 13th Norfolk Island Legislative Assembly from March 2010 to December 2012.

Ms Robin Adams, MLA

Emeritus Professor Maev O’Collins1 presented a paper in 2004 at the Australian National University Emeritus Faculty Lecture Series, titled “Norfolk Island and the Commonwealth of Australia: Continuing the Uneasy Relationship?”2 In presenting her paper she stated: “The background to this talk is my research into the socio-political context of the final transfer in 1914

of the authority for Norfolk Island from Britain to the Commonwealth of Australia. Since then Norfolk Island’s special status and unique form of governance have often been seen as ‘unfinished business.’ This has been reflected in a number of reports and commissions of inquiry, and in the intermittent attempts made by successive Australian governments to enact legislation to bring Norfolk Island in line with other Australian territories. Currently the debate is continuing, as Norfolk Islanders try to maintain their cultural and historical identity. The ambiguous relationship between Norfolk Island and Australia may also be seen as a microcosm of Australia’s current relations with other small independent nations in the South Pacific.

“As a mainland Australian, who has visited Norfolk Island on several occasions, and conducted archival research into the history of the political and administrative relationship

between Australia and Norfolk Island, it is sobering to note that the lessons of history are so difficult to learn. While many of the recommendations3 are eminently reasonable, there is a need to establish a less adversarial mechanism for ongoing consultation between the Commonwealth and Norfolk Island governments.

“The continuing challenge is to devise and maintain open processes of dialogue and consultation between the Parliament of Australia and the Norfolk Island Legislative Assembly.

Ensuring that the Norfolk Island community is directly engaged in the process may also serve to establish a sense of ownership and responsibility. If the process of implementation included a two-way mechanism for ongoing consultation, aimed at achieving acceptance and endorsement, as well as any mutually acceptable modifications, both Norfolk Island and Australia would be the winners.”

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RELATIONSHIP MATTERS: NORFOLK ISLAND AND AUSTRALIA • Articles about Norfolk Island and its governance have appeared regularly in The Parliamentarian since 2000 giving a more in-depth overview of “the Divide”.7,8,9 “Norfolk Island walks between the worlds” were the opening remarks I made as Speaker of the Legislative Assembly of Norfolk Island when asked to chair a joint meeting of the Pacific Region and the Australia Region Management Committees of the CPA, held during the 43rdAustralasian and Pacific Presiding Officers and Clerks Conference in the Solomon Islands in July 2012. 10

Map of the Oceania region11

Professor O’Collins’ lecture raised the ongoing question of, ‘how do we, once and for all, bridge the divide and arrive at a place where the Commonwealth of Australia and the Territory of Norfolk Island are on the same platform about the Island’s future status?’

The divide The belief that has been handed down through generations of the Pitcairn descendants was that Queen Victoria “gifted” Norfolk Island to the Pitcairners, and that Norfolk Island was theirs to occupy on the same basis as they had done with Pitcairn Island. However there were no apparent records that supported this belief. British Consul of the Society Islands, B. Toup Nicolas, wrote to the Pitcairn Islanders on 5 July 1854 on behalf of his ‘Lordship’s Despatch, No. 4’ dated December 16, 1853 where he wrote: “Norfolk Island cannot be ‘ceded’ to the Pitcairn Islanders, but that grants will be made of allotments of land to the different families, and I am desired further to make known to you that is not at present intended to allow any other class of settlers to reside or occupy land on the island.”.

His view was reinforced in the despatch from Governor General Sir William Denison to the Right Hon. Lord John Russell on 29 December 1855, in which Denison stated: “It would in my opinion be advisable, at all events for the present, to prohibit all grants or sales of land to others than the race now about to inhabit this small island, and to hold out as little encouragement as possible to the domestication of other races, be they white or coloured, among them, until the effect of the removal of and the altered circumstances in which they are about to be placed can be clearly seen.”

It could be argued that these early views of the British Crown’s representatives demonstrated a clear intention prior to the removal of The Pitcairners to Norfolk Island, in that they were to have “sovereignty” over their own affairs to the exclusion of all others.

However, history showed that this intent was not to become a reality and the Pitcairners who arrived on Norfolk Island in 1856 as a fully selfgoverning ethnic community, lost their self-governing status, along with the laws they brought with them, including the right of women to vote, just 58

years after their arrival on the island, when Norfolk Island was declared to be accepted as a Territory under the authority of the Commonwealth of Australia from 1 July 1914.

History also shows that a measure of self-government was restored to the Island with the passage of the Norfolk Island Act 1979. However, with the enactment of the Territories Law Reform Act 30 years later in 2010, the Island’s return down the road to internal self-government in 1979 could be viewed somewhat as a “pyrrhic victory”.

There have been many events in the last 100 years that have widened the divide. These include: • Norfolk Island not being inscribed with the United Nations as a nonself-governing territory when Nauru and Papua and New Guinea were inscribed prior to the 1970s;4 • Disenfranchisement in 2004 of Norfolk Islanders and other long-term residents from voting or standing for the Legislative Assembly unless they are Australian citizens;5 and • The diminution of the Island’s selfgoverning status with the passage of the Territories Law Reform Act 2010.6

“We walk in Polynesia and the Pacific with our culture, heritage and traditions” Norfolk’s role as Chairperson aligns with the view of Professor Richard Herr and Dr Andrew Bergin in their report “Our Near and Abroad – Australia and Pacific Islands’ regionalism” that “Norfolk Islanders of Polynesian ancestry can serve as a bridge from Australia into the region.”

This view was also supported by the former Australian CPA Regional Secretary who visited in 2012, who recognized the opportunity to use Norfolk Island as a bridge between the Australian and Pacific Regions of the CPA; and Australia and the Pacific more broadly.

Walking in Polynesia and the Pacific began with the Mutiny on the Bounty in 1789 – a tale of conspiracy, adventure and romance. It is a tale that, following the mutiny, sees William Bligh set adrift with 18 men in a longboat to find his way back to England, while Fletcher Christian and the remaining crew of mutineers, with women and men from Tahiti, found their way in January 1790 to Pitcairn Island. Here they were hidden away from the world until the community consisting of John Adams and 34 women and children of Tahitian and mixed blood were discovered on 8 February 1808 by Captain Folger of the “Topaz”. The community has been described by one author as the “world’s most perfect and pious race”. They were the first to give

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RELATIONSHIP MATTERS: NORFOLK ISLAND AND AUSTRALIA

Left: William Bligh is set adrift: Mutiny scene from “Fletcher’s Mutiny Cyclorama”; a 360 degree panoramic painting on Norfolk Island.

Right: The annual parade on Anniversary Day/Bounty Day on 8 June13

women the vote in 1838 and the first to make education compulsory. The surviving community, who henceforth became known to the world as the Pitcairners, eventually outgrew Pitcairn and in 1855 Queen Victoria offered them Norfolk Island as their new homeland. The Pitcairners – an ethnic community totalling 194 men, women and children – arrived in their new homeland on 8 June 1856.12 Every year on 8 June, the Islanders celebrate the arrival of The Pitcairners on Norfolk – called Anniversary Day or Bounty Day. It includes a re-enacting of the landing at Kingston jetty, followed by the community en masse in Bounty Day costume walking from the jetty to the cemetery, acknowledging the ancestors before gathering as a community for a picnic lunch.

The Islanders on Pitcairn continue to be acknowledged in Norfolk’s Immigration legislation and over the years there have been many pilgrimages between Norfolk Island and Pitcairn to cement our historical connections; the most recent being

February 2014 with nine “Norfolkers” travelling to Pitcairn for a 10 day visit.

Norfolk Island also has a very strong history with New Zealand.

History shows that New Zealand sought to “have ownership” of Norfolk Island as the island was seen as a possible station in a proposed Pacific cable network. In a letter to Chamberlain dated 26 May, the New Zealand Governor pointed out that: “I am advised that, as far as my Ministers can ascertain, if any change is to take place in the government of Norfolk Island, the Islanders, while protesting against any change, would prefer to come under the control of New Zealand rather than that of New South Wales”.14 On 19 March 2014, almost 158 years after the arrival of the Pitcairners on Norfolk Island, the Norfolk Island Cultural Strategic Plan 2014-2018 prepared for the Island’s Council of Elders was tabled in the Norfolk Island Parliament. Norfolk Island has evolved into a wonderful tapestry of people.

Though it is a global community of local residents and people from all

over the world, it is fair to say that our Island Elders still hold the view that Norfolk Island is first and foremost the homeland of the descendants of the settlers from Pitcairn Island who in 1856 were moved as a community by the authority of Queen Victoria from Pitcairn Island to Norfolk Island. They were a people that came as a fully self-governing, religious ethnic community with its own laws, language, culture and traditions. Tabling the Norfolk Island Cultural Strategic Plan 2014-2018 in the Norfolk Island Parliament was a historic occasion and a valuable step in achieving the recognition of the special relationship of the said descendants with Norfolk, and their desire to preserve their traditions and culture.

Norfolk’s place in the Pacific includes membership of the South Pacific Games Council and the Pacific Arts Council. Norfolk Island was admitted as a member of the South Pacific Games Council in 1979. The idea of holding the South Pacific Games originated with Dr A.H. Sahu Khan who was one of Fiji’s representatives at a meeting of the South Pacific Commission held at Rabaul in 1959. The idea was adopted and led to a meeting of nine Territories, held in Noumea in March 1961. Fiji was awarded the honour of hosting the very first Games, and in 1962, the South Pacific Commission

founded the South Pacific Games Council. In the 40 years since its inception, the Games have been held in 12 countries and territories within the Pacific region. The South Pacific Games, today known as the “Pacific Games” were established to create “bonds of kindred friendship and brotherhood amongst people of the countries of the Pacific region through sporting exchange without any distinctions as to race, religion or politics”.

Since 1981 the region has also run the South Pacific Mini Games (today called the Pacific Mini Games) and in December 2001 Norfolk Island successfully hosted the VI South Pacific Mini Games with 18 countries/territories participating in the 10 sport programme, with over 800 athletes and officials attending.

The Festival of Pacific Arts (or Pacific Arts Festival) The Festival of Pacific Arts (or Pacific Arts Festival) is a travelling festival hosted every four years by a different country in Oceania. It was conceived by the Secretariat of the Pacific Community (formerly the South Pacific Commission) as a means to stem erosion of traditional cultural practices by sharing and exchanging culture at each festival. Norfolk Island, which was first represented at the Pacific Arts Festival at its third Festival held in Papua New Guinea in 1980,

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RELATIONSHIP MATTERS: NORFOLK ISLAND AND AUSTRALIA aimed at achieving acceptance and endorsement, as well as any mutually acceptable modifications, both Norfolk Island and Australia would be the winners.”

If Professor O’ Collins’ statement became a reality, it would consequently help bridge the gap once and for all between the Commonwealth of Australia and Norfolk Island.

Endnotes The Cenotaph in Norfolk Island16

1. http://www.anu.edu.au/emeritus/members/Maev_O_Collins.html 2. http://www.anu.edu/emeritus/minutes/ 3. 2003 Report on governance and financial sustainability on Norfolk Island (Quis custodiet ipsos custodies?) of the Parliament of the Commonwealth of Australia’s Joint Standing Committee on the National Capital and External Territories.

also has a seat on the Pacific Arts Council.

The Pacific community While Norfolk Island sits on the Council of Pacific Arts and participates in the Festival of Pacific Arts it is not permitted to participate as a member of the Secretariat of the Pacific Community (SPC).

The South Pacific Commission, as it was formerly known, was founded in Australia in 1947 by the six nations that then administered territories in the Pacific.15 They established the SPC to restore stability to a region after the turbulence of the Second World War, and to assist in administering their territories and benefitting the people of the region.

There are many benefits open to Norfolk Island from a non-political organization such as the SPC which develops and implements a range of programmes to assist Pacific Island countries and territories in their development. The programmes range across public health, fisheries, education, training and human development, economic development, statistics for development, applied geosciences and technology and climate change.

It is to the mutual benefit both of Norfolk Island and the

Commonwealth of Australia were Norfolk Island permitted to participate as a member of the SPC in its own right.

“And we walk with Australia to whom we owe our loyalty” There is little doubt that the people of Norfolk Island have always valued their close association with Australia.

This is clearly demonstrated when the Norfolk Island community comes together at The Cenotaph on ANZAC Day each year to honour the Norfolk Islanders who fought for Australia in the First and Second World Wars, and in Vietnam and in Korea. The sacrifice made for Australia by so many from this small isolated community in these wars should never be understated.

Building bridges to close the divide It is time to build bridges and mend fences. It is time for the Government of Australia and the Legislative Assembly of Norfolk Island to return to the negotiation table with mutual respect for one another, and in their deliberations on our Island’s future.

Constructive respectful dialogue must be the basis of any discussion on island issues, including governance, finance and environmental sustainability.17

It is also important that dialogue commence between the Commonwealth of Australia and Norfolk Island on a referendum or plebiscite being conducted to ascertain the wishes of the Norfolk Island community. It should in particular address the wishes of the descendants of the original settlers from Pitcairn Island who settled on the island in 1856, on how they wish to walk into the future with the Commonwealth of Australia. Conduct of the referendum/plebiscite will require independent oversight to ensure there is an appropriate process to gain an unbiased outcome.

Whether the United Nations would provide that independent oversight and the desired outcome is another discussion.

To conclude, the words of Professor O’ Collins add a fitting end to the discussion: “The continuing challenge is to devise and maintain open processes of dialogue and consultation between the Parliament of Australia and the Norfolk Island Legislative Assembly.

Ensuring that the Norfolk Island community is directly engaged in the process may also serve to establish a sense of ownership and responsibility.

If the process included a two-way mechanism for ongoing consultation,

4. United Nations Association of Australia – publication titled Norfolk Island, Australia and the U.N., Report to the U.N.A.A Federal Executive by John Bulbeck, 5. Norfolk Island Amendment Act , No. 6 of 2004 6. Territories Law Reform Act 2010, No. 139 of 2010.

7. The Parliamentarian 2008/Issue Four.

“Norfolk Island’s self-government under threat again” 8. The Parliamentarian 2006/Issue Two. “Democracy at risk?”

9. The Parliamentarian 2012 Issue Three.

“Governance and Democracy “Norfolk Island style” At risk again?

10. All Australian Parliaments were represented; as were the Pacific parliaments of the Autonomous Region of Bougainville, Cook Islands, Kiribati, Nauru, New Zealand, Samoa, Tuvalu and the Republic of Vanuatu.

11. Bella Online: Oceania – What is Oceania?

– Australia?

12. The Parliamentarian 2012 Issue Three.

“Norfolk Island and the Isle of Man strengthen historical ties: From Mutiny to Unity.”

13. (Photo: The annual parade on Anniversary Day/Bounty Day on 8 June) 14. “A Federation in these Seas” Alan Kerr 15. Australia, France, New Zealand, Netherlands, United Kingdom, and the United States of America 16. Photo of the Cenotaph 17. The Parliamentarian 2010 Issue Two: “Governance and Democracy”

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IMPEACHMENT PROCEDURES

Impeachments in the Sri Lankan Parliament The impeachment procedural process in Sri Lanka has come under closer scrutiny, particularly after the public interest surrounding the motion to impeach the Chief Justice S.A Bandaranayake in 2012. The absence of a detailed procedure in the Standing Orders resulted in no resolution being passed by Parliament, and the disregard of provisions in the Standing Orders resulted in the proceedings being brought to an early conclusion. It was a decision that was made in haste, and one that needs to be amended according to the former SecretaryGeneral of the Parliament of Sri Lanka.

Mrs Priyanee Wijesekera

Mrs Wijesekera is a former Secretary-General of the Parliament of Sri Lanka.

Mrs Priyanee Wijesekera

Good governance requires some degree of political neutrality in the holders of high office, particularly the Judiciary.

Therefore the holders of such vital positions are usually guaranteed security of tenure. It is a well-recognized principle that judges should have security of tenure during good behaviour to perform their functions irrespective of the displeasure with which the Executive may view their judgements.

The 1978 constitution provides for a special impeachment procedure for the removal of the judges of the Supreme Court, Court of Appeal, the Commissioner of Elections, the Secretary-General of Parliament, the Auditor-General and the Parliamentary Commissioner for Administration.

The constitution provides the foundation of the impeachment process, while the Standing Orders of Parliament provides the outline of the procedure to be followed in Parliament in conducting the proceedings.

Impeachment of high office holders, particularly judges, is one of the most important tasks of a Legislature and is not frequently resorted to. In many democratic countries it is recognized as the duty of the Legislature where it is expected to exercise its judicial functions. In most bicameral Legislatures it is the allotted function of the Upper House.

In Sri Lanka, which has

a unicameral Legislature, the Parliament conducts the impeachment proceedings and if removal from office is recommended, such advice is forwarded to the President (Article 107).

The removal of members of some of the independent commissions is mentioned in the constitution but to date no member of any of the commissions had been removed.

Perhaps such removal has not created problems due to their short terms of office.

Under the seventeenth amendment, the members of the Judicial Service Commission could be removed only on the recommendation of the Constitutional Council (Article 111E (6)). However with the passage of the eighteenth amendment, the removal of the members of the Public Service Commission, the Judicial Service Commission and the National Police Commission became possible at the sole discretion of the President.

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In 1998 impeachment proceedings were held to remove two commissioners of the Commission to investigate allegations of Bribery and Corruption (Mr T.A. de S .Wijesundera and Mr Rudra Rajasingham).

Consequently, a select committee was appointed following a motion moved in Parliament. However before

the conclusion of the investigation, the two commissioners ceased to hold office.

Judging the Judges The first occurrence of the impeachment of a judge from the Supreme Court by the Sri Lankan Parliament took place in 1984

(Chief Justice N.D.M. Samarakoon).

However, the report of the Select Committee which investigated his conduct was not placed before the House. In 2001, an impeachment motion against the Chief Justice (Sarath. N. Silva C.J) was submitted to Parliament but was later aborted.

An impeachment motion was

Left: Close-up of an ancient temple at Kelaniya, Sri Lanka; Above: A gate post with stylized bronze lion (13th century design) on the gate behind the bronze door of the Sri Lankan Parliament.

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The new Parliament building of Sri Lanka

carried through to conclusion in 2012 to 2013 when 117 Members of Parliament representing the government benches presented a motion to impeach the Chief Justice (S.A Bandaranayake C.J).

This process attracted a great deal of public interest due to the method followed by Parliament in the absence of a detailed procedure outlined in the Standing Orders.

The controversy generated by this impeachment related not only to the procedure, but also to the substance contained in the charges. The original motion of impeachment contained 15 charges, some of which were serious in nature.

Article 107(2) of the constitution relating to the removal of Judges states that: “Every such judge shall hold office during good behaviour and shall not be removed except by an order of the President made

after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity.”

Article 107(2) is supplemented

by Standing Order 78(A) which was introduced to deal with the impeachment of the Chief Justice (N.D.M. Samarakoon) in 1984.

This Standing Order only prescribes the rules relating to the appointment and composition of a Select Committee to probe the allegations contained in a motion for impeachment and the timeframe within which the probe should be completed. The substance of Standing Order 78(A), in brief, stipulates that: • The Speaker shall entertain the

resolution and include it in the Order Paper; • The Speaker shall appoint a Select Committee of not less than seven members to probe the allegations contained in the resolution; • The allegations contained in the resolution shall be transmitted to the respondent judge requiring him to make a statement of defence within a given period of time; • The judge is entitled to appear before the Select Committee in person or by attorney; • The Select Committee is to report back to Parliament within one month, failing which it could seek an extension of time; • The report of the Select Committee is to be placed before Parliament.

Debate on such report not to be proceeded with until after the expiration of one month after being placed before Parliament;

• Proceedings of the Select Committee not to be made public unless there is a finding of guilt.

Standing Order 78(A) also prescribes the time constraints for debating the recommendations of the Select Committee by a full House, and the passing of a resolution to address the President. It does not contain a detailed procedure to be followed by the Select Committee in conducting investigations which are of a judicial nature.

The Select Committee which probed the allegations against Chief Justice Samarakoon in 1984 adopted the principles of fairness and natural justice. The proceedings of this committee spanned a period of close to six months and the respondent judge was afforded ample opportunity to justify his conduct. It should be noted that the charges brought

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against Chief Justice Samarakoon (which he admitted) were trivial in nature to the ones raised against the Chief Justice in 2012.

In November 2012 a resolution against Chief Justice Bandaranayake was placed on the order paper, on the basis of which the Speaker appointed a Select Committee of seven Government and four Opposition Members of Parliament.

At the commencement of the proceedings of the Select Committee, the respondent and her counsel sought clarification regarding the procedure to be followed by the committee. They were informed that the evidence which was sought would be limited to documents and there would be no time for oral testimony.

When the respondent and her counsel appeared before the Select Committee they were provided with over 1,000 pages of documents and

directed to respond by the following day. This gave the respondent no opportunity to check the accuracy of the documents. At the early stages of the inquiry the respondent withdrew from the proceedings supposedly on account of the humiliating treatment by the government members of the committee (this part of the proceedings had been erased from the record). Subsequently, the Opposition members of the committee also withdrew in protest.

In the absence of the respondent, contrary to the earlier undertaking, oral evidence was given before the committee and accepted without being tested under crossexamination. By December 2012, the committee drew up a report recommending the removal of the Chief Justice. The Select Committee adhered to the time limit outlined in the Standing Order and did not seek an extension.

Thus the proceedings of the Select Committee had deviated significantly from the principles of natural justice. Those arguing in favour of this procedure, point out that in the absence of relevant rules in the Standing Orders, there was no necessity to follow the principles of natural justice. However, if common sense had prevailed, it would be considered imperative for judicial principles to be followed in the performance of judicial functions.

The final sitting of the Select Committee coincided with the last day of the annual budget debate after which the House went into recess. At this time the report of the Select Committee was still under preparation. It was completed during the recess and put into the library pigeon-holes of the Members by 17 December 2012. Even when Parliament reconvened in January 2013, the report had not formally been placed before the House. At the commencement of the debate the Opposition raised a point of order claiming that the report had not been placed before the House one month prior to the debate and sought a postponement. The Speaker overruled the objection on

the ground that it had not been raised at the meeting of the Committee on Parliamentary Business when they fixed the matter for debate. Whether this was a valid argument for violating the procedure in the House raises an interesting question.

The Opposition raised a second objection, debating that the report of the Select Committee submitted to Parliament was incomplete. The original motion containing the terms of reference to the committee comprised 15 charges though the committee had only investigated five. Ultimately, the mandate given by Parliament had not been complied with. This objection too was overruled on the grounds that the charges investigated and reported upon were sufficient to pass a resolution for the removal of the Chief Justice.

“No system can be completely foolproof, but all efforts need to be made to inject a degree of independence to the public service.”

The final stage of the proceeding revealed a major blunder which could have affected the validity of the entire proceeding. The Order Paper of the final day of the debate did not contain a resolution to remove the Chief Justice from office. Instead it contained the original resolution signed by 117 members urging the Speaker to appoint a Select Committee to probe the charges contained. It was this resolution that had been passed by Parliament on 12 January 2013.

Constitutionally, a judge should not be removed except following a resolution passed by Parliament recommending such a removal. In this instance there was no such resolution.

The process has been deeply flawed, casting doubts on the validity of the removal.

However the President

proceeded to remove the Chief Justice from office.

Thus Parliament, in impeaching the Chief Justice, acted with haste and freely disregarded certain provisions in the Standing Orders in order to bring the proceedings to an early conclusion. When rules are disregarded for the sake of convenience at first it can become a habit and evolve into something thereafter of a disease.

The future: hope or despair?

The importance of the public services in any system of government cannot be over-emphasized. The public service in Sri Lanka has since 1948 gone through a process of gradual decay. The seventeenth amendment was not politically controversial and it was passed with a near unanimous approval in Parliament, receiving public and civil society support. Relatively tame in nature, it was nevertheless perceived as a first step towards strengthening a weak and ineffective public service.

The eighteenth amendment which was enacted after the conclusion of the civil war, invested the Executive President with un-paralleled power over all the public services. Civil strife and public emergencies are the breeding grounds for the emergence of dictatorships. Yet strangely, the eighteenth amendment which gave near dictatorial powers to the Executive President was enacted after the end of the civil war when one would have expected a tilt towards democracy.

The 1978 constitution has been criticized from its inception due to its concentration of powers in the Executive. Today criticism has reached a higher level and there is much talk about reform. No system can be completely fool-proof, but all efforts need to be made to inject a degree of independence to the public service. In this context, it is a major challenge for future constitution makers to lay the groundwork for a durable civil service which will ensure good governance, stability, rule of law, economic progress and maximum human rights for the citizen.

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TACKLING CORRUPTION IN THE INDIAN PARLIAMENT

Addressing corruption in the Indian Parliament: The Lokpal and Lokayukta Act, 2013 It is anticipated that the passing of an anti-corruption Bill and the establishment of an AntiCorruption Ombudsman will result in more transparency and openness between the Indian government and its citizens. In enacting the Bill, the lengthy anti-corruption movement also conveyed the influence of the citizen movement in helping to shape the government and parliamentary behaviour in a positive way, writes the Head of an Indian-based research institute.

Mr Chakshu Roy

Mr Roy is the is Head of Outreach at PRS Legislative Research (PRS). As part of its work PRS provides non partisan research to Indian Members of Parliament on a range of legislative and policy issues. PRS also makes information on the working of Indian Parliament, participation of Members of Parliament in the proceedings of Parliament and Legislation pending in Parliament available to citizens.

Mr Chakshu Roy

Overview At the end of last year, the Indian Parliament passed a law to create an Anti-Corruption Ombudsman for the country. This law empowers the office of ombudsman to investigate complaints of corruption against the Prime Minister, Ministers, current and former Members of Parliament (MP) and Members of State Legislative Assemblies and government employees. The law does not cover any allegation of corruption against an MP in respect of anything said or a vote given in Parliament. The law also specifies that any inquiry against the Prime Minister has to be

held in-camera and approved by two thirds of the members of the AntiCorruption Ombudsman.

The law specifies a timeframe for completion of investigation of corruption cases. It also gives the office of the ombudsman the power to refer corruption cases to a central investigation agency and have superintendence over it with respect to those cases. The law provides an imprisonment of up to seven years for public servants who are convicted on grounds of corruption. Criminal misconduct and habitually abetting corruption has a higher penalty and would result in imprisonment up to ten years. Making false and frivolous complaints to the office of the AntiCorruption Ombudsman would result in a fine and imprisonment of up to one year. In addition, a person who is convicted for having made a false complaint shall be liable to compensate the public servant against whom the false complaint was made. However, complaints made in good faith would be excluded from penalty.

The law also gives the different States in India the flexibility to enact

anti-corruption ombudsman laws depending upon their needs and requirements. This flexibility comes with the mandate that the States would have to enact their legislation with one year of the enactment of the central legislation.

A long time coming The idea of creating an AntiCorruption Ombudsman in India was first conceptualized nearly 45 years ago. However repeated attempts to pass such legislation in Parliament remained unsuccessful. In 2011, citizens and civil society groups took to the streets in different parts of the country. They were protesting against systemic corruption in the functioning of different arms of the government. Their argument was strengthened by corruption scandals involving government functionaries coming to light in a short span of time. Citizen groups felt that laws of the country were inadequate in tackling corruption. They demanded the enactment of a legislation which would create a strong Anti-Corruption Ombudsman. The leader of the anticorruption movement, Anna Hazare,

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India Gate in New Delhi

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A protest in support of the Lokpal Bill in Mysore State, India

went on an indefinite fast to press for the immediate enactment of the legislation by the Indian Parliament.

The civic movement in India is one example of the rise of citizen-led movements across the world. Dissatisfaction of citizens on account of governance failures by the Executive has been a recurring theme across these movements.

In parliamentary democracies, the institution of Parliament is entrusted

with the responsibility of enacting legislation, keeping a check on the functioning of the government and representing the hopes and aspirations of the citizens of the country. These movements have raised questions about the role and effectiveness of Parliament and whether it is responsive to the needs of the people.

The Indian Parliament responded to the civic movement by extensively

debating the issue of corruption.

In the lower house (Lok Sabha), the debate lasted for more than eight hours and 126 Members of Parliament participated in the debate.

This was even before the Bill to create the Anti-Corruption Ombudsman was introduced in Parliament. MPs cutting across party lines recognized the role of civic movements in drawing the attention of Parliament towards gaps in legislation and

policy. They were also in agreement that there should be an increased participation of Civil Society in the legislative process. However, MPs were unanimous in their view that as the highest law making body in the country, Parliament’s power to enact legislation was sacrosanct and legislative processes should not be compromised on account of populist movements.

Active civic engagement around

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TACKLING CORRUPTION IN THE INDIAN PARLIAMENT occasion some MPs of the committee provided opposition notes which were appended to the report.

The Bill was passed by the lower house in 2011 and was then referred to the Upper House (Rajya Sabha) for its approval. In the Indian parliamentary system, once a Bill has been examined by a Parliamentary committee, it is not referred to another parliamentary committee for scrutiny.

However in this case, the Rajya Sabha decided to refer the Bill to a select committee made up of its MPs. This committee invited public feedback on the Bill, in response to which it received approximately 128 submissions from organizations and individuals. The select committee finalized its report over the course of 18 sittings and tabled its report in 2012. The Bill was finally passed

by Parliament in 2013, making the Anti-Corruption Ombudsman Bill one of the most scrutinized and debated Bills in the Indian Parliament in the last decade.

the issue of the Anti-Corruption Ombudsman, forced the Executive to hold pre-legislative consultations before introducing the Bill in Parliament. A joint committee made up of government and Civil Society representatives made an attempt to draft the Bill. While this effort remained inconclusive, it set the precedent that the government was open to the idea of involving civil society organizations in the legislative

process. After the government’s version of the Bill was introduced in the Lok Sabha, the Bill was scrutinized by the parliamentary Standing Committee on Law and Justice. The committee examined 140 witnesses and deliberated for approximately 40 hours before submitting its report to the lower house. Usual practice in India dictates that parliamentary committee reports are finalized on the basis of consensus. However on this

Related Bills While the Anti-Corruption Ombudsman Bill has been enacted, a number of other supporting bills which addressed issues related to tackling corruption lapsed with the dissolution of the Parliament in May 2014.

These Bills were related to the citizen charter and electronic public service delivery, transparency and accountability in public procurement, judicial accountability etc.

The legislative process for these legislative proposals would have to begin again in the newly constituted Lok Sabha. These legislative proposals, if passed, would ensure that the institution of AntiCorruption Ombudsman does not get flooded by day to day complaints of administrative inefficiency and corruption. And while enacting a law is the first step towards curbing corruption, the effectiveness of the law would depend on how well it is implemented on the ground.

Citizen engagement with the Bill resulted in a number of positive outcomes for the legislative process in India. As mentioned earlier, the

government opened the Bill to pre-legislative consultations. MPs took more interest in their role as legislators, participating in large numbers when the Bill was being debated in the house, and their involvement in the committee process also became more intensive.

The Bill was passed by recorded voting in the Lok Sabha, which was a departure from the normal convention wherein most Bills are passed by voice vote. Parliament also used this opportunity to act as a bridge between the citizens and the government. The government in turn, accepted a number of the parliamentary committee’s recommendations even though it was not bound to accept any of them.

The anti-corruption movement in India is an example of how citizen

“The anti-corruption movement in India is an example of how citizen movements have the ability to shape government and parliamentary behaviour in a positive way.” movements have the ability to shape government and parliamentary behaviour in a positive way. This movement highlighted two issues which are relevant both in the Indian and the international context. The first relates to the efficacy of existing feedback mechanisms between citizens, government and elected representatives.

The second relates to institutionalising of best practises that are adopted by Parliament and the Executive while responding to citizen movements. Both these issues stem from a simple question which is, ‘do citizens have to take to the streets to galvanize their elected representatives into action?’

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QUEBEC: THE BEIJING PLATFORM

interparliamentary seminar on the 20th Anniversary of the Beijing declaration In 2015 the 59th session of the UN’s Commission on the status of women will be the culmination of activities marking the 20th anniversary of the Beijing Declaration and Platform for Action adopted at the 4th World Conference on Women held in Beijing in 1995. The ViceChairperson of the CWP, Ms Patricia Ferguson, MSP, attended the interparliamentary seminar in Quebec reflecting on the implementation the Plan for Action, and reports on the debates and discussions that took place.

Ms Patricia Ferguson, MSP

Ms Ferguson is the ViceChairperson of the CWP Steering Committee.

Prior to being elected to the Scottish Parliament, she was a Scottish Officer of the Labour Party and was responsible for the seats of Ayr and Dumfries in the run-up to the 1997 General Election.

In January 2014 women from the Network of Women Parliamentarians of the Parliamentary Assembly of the Francophonie (APF), the Network of Women Parliamentarians of the Parliamentary Confederation of the Americas (COPA) and representatives of the National Congress of State Legislatures gathered together in Quebec City to debate and discuss these issues and to reflect on the implementation of the Platform for Action.

I had been asked to attend this conference as a substitute for the Chairperson of the CPA Women’s Steering Committee, Rt Hon. Rebecca Kadaga, MP. The Seminar took place against a backdrop of temperatures of around -26 and Quebec City preparing to celebrate its winter festival. However despite the cold temperatures outside, the welcome from the National Assembly of Quebec was extremely warm. The conference was opened by the President of the Assembly, Mr Jacques Chagnon, and chaired by the Vice President, Ms Carole Poirier.

This inter-parliamentary seminar

also heard from a series of experts working on the issues arising from the Beijing declaration and discussed areas of common experience. It was also concerned to look for areas where our different experiences enabled participants to learn from one another.

Workshops took place on a number of issues including violence against women, the economic empowerment of women and the access of women to political and economic decision making processes.

Platform for Action The Platform for Action acknowledges that gender violence takes many forms. These include: • • • • • • • • • •

Psychological violence; Harassment; Physical violence; Sexual violence; Female genital mutilation; Forced marriage Abortion and sterilization; Sexual harassment; Honour crimes; Sexual slavery;

Ms Patricia Ferguson, MSP

• Forced pregnancy; • Forced prostitution; • Dowry–related violence; • Female infanticide; and • Prenatal sex selection favouring boys and other practices.

The conference heard that many Parliaments and Legislatures had made great progress in legislating against domestic violence, sexual assault and other forms of violence but many challenges still remained.

Listed below are several facts and figures which demonstrate the reality faced by many women:

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Participants at the seminar heard that round 40 per cent of women will experience physical or sexual violence in their lifetime.

• Some 40 per cent of women on average experience physical violence or sexual violence in their lifetime, but in some regions that figure rises to 70 per cent. The most common form of violence experienced by women is actual physical violence.

• Around 140 million girls and women in the world have suffered genital mutilation, including excision.

• On a global scale, women and girls represent 55 per cent of the estimated 20.9 million victims of forced labour and 98 per cent of the estimated 4.5 million forced into sexual exploitation.

• The UN estimates that one in five women worldwide will be a victim of rape or attempted rape in their lifetime.

• Women living in urban areas are twice as likely as men to experience violence, particularly in developing countries.

• Women are between two to four times more likely than men to become infected with HIV during intercourse. The risk increases in cases of forced sex or rape as condoms will seldom be used and because the women often suffer physical injury as a result. More than half of the new infections in the world occur among 15–24 year olds and over 60 per cent in this age group who test positive are girls.

The workshop Speakers in this workshop included Professor Louise Langevin of the

faculty of law at the Université Laval; Ms Gisele Guigma, a member of the National Assembly of Burkina Faso; and Ms Diva Hadamira Gastelum Bajo, the President of the Network of Women Parliamentarians of the Americas and a Senator in the Mexican Congress.

To be equal, men and women must have access to the same economic opportunities and if we are to promote the full and equal participation of women we must also combat poverty. It is still the case that poverty hits women harder than it does men.

The conference session on economic empowerment was addressed by Randi Davis of the UN Development programme, Ms Louise

Harel the former speaker of the National Assembly of Quebec and Ms Nouzha Skalli, MP, of the House of Representatives of Morocco.

According to UN-Women, when more women work, economies grow and if the paid employment rates of women were raised to the same level as that of men the per capita income of 15 major developing economies would increase by 14 per cent by 2020 and 20 per cent by 2030. If all forms of discrimination against female workers and managers were removed productivity per worker would soar by some 40 per cent.

In spite of these findings, in the majority of countries women’s wages represent between 70 per cent and 90 per cent of that of men

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This page: Women and girls represent 55 per cent of the estimated 20.9 million victims of forced labour and 98 per cent of the estimated 4.5 million forced into sexual exploitation; Right: Representing the world’s female leaders: The 36th President, and first woman to hold the office, of Brazil, Dilma Rousseff (left); and the Prime Minister of Trinidad and Tobago, Rt Hon. Kamla PersadBissessar, MP (right).

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and women are much more likely to be in vulnerable employment (50 per cent) and are often unprotected by legislation designed to protect workers.

It is instructive to consider that women account for nine per cent of the workforce in construction, 12 per cent in engineering and 15 per cent in financial and business services.

The third and last workshop was on the issue of access to political and economic decision making processes. Speakers included Ms Susan Markham of the National Democratic Institute, Dr Hauoua Dia Thiam, MP, of the National Assembly of Senegal and Mrs Nurhayati Ali Assegaf, MP, Indonesia.

It was interesting to hear about the ways in which some countries had enshrined in legislation quotas for women’s participation in Parliaments and legislative bodies and of the impact this had in those countries.

The workshop also discussed women requiring access to all the levers of power including those in industry and commerce.

were serving as Head of State and 13 as head of government; • Rwanda had the highest rate of women’s parliamentary representation with 63.8 per cent of its Parliamentarians being women; • There are still 37 states worldwide where women account for less than 10 per cent of Parliamentarians in single or lower houses as of July 2013.

The workshop considered that:

The workshop also noted an interesting fact that a recent analysis of Fortune 500 companies found that those with the greatest representation of women in management positions delivered a total return to shareholders that

• Only 20.9 per cent of national Parliamentarians were female as at July 2013, an increase but a slow one from 11.6 per cent in 1995; • At June 2013 only eight women

was 34 per cent higher than for companies with the lowest. I couldn’t help but think that if this fact were more widely known the number of companies globally with a top-level female manager might increase somewhat from the current figure of 18.3 per cent.

It seems that if we are to make the high level ambition of the Beijing declaration a reality, it will require women working together across the globe to share information and good practice and to support one another.

From the discussions I was involved in I am certain that women Parliamentarians throughout the Commonwealth and beyond feel more than ever determined to deliver.

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ACCOUNTABILITY AND THE COALITION

Executive Accountability in a Coalition Era The compromise of the basic principles of parliamentary democracy has led to a seeming neglect in the culture of accountability. In a country where coalition governments are commonplace, the Joint Secretary in the Rajya Sabha Secretariat argues that the culture of accountability needs to be safeguarded in order to promote better scrutiny of government policies and ultimately the promotion of good governance.

Shri Satya Narayana Sahu

Shri Sahu is Joint Secretary in the Rajya Sabha Secretariat. He served as an Officer on Special Duty to the late President of India, Shri K.R. Narayanan, and as a Director in the Prime Minister’s Office.

The views expressed are personal views of author and are not of the Rajya Sabha Secretariat.

Shri Satya Narayana Sahu

Accountability: the foundation of parliamentary democracy India made a significant decision when it decided to adopt a parliamentary system of democracy.

Dr B.R. Ambedkar, the principal architect of the constitution, explained in his last speech in the Constituent Assembly, that in adopting the parliamentary system of democracy, as opposed to the presidential form, the Constituent Assembly preferred accountability

to stability. In other words the defining feature of our system of governance is accountability. The Executive, particularly the political executive which comes from the Legislature, remains accountable to the Legislature.

Of course it is accountable to the people; but its accountability to the Legislature has always remained the hallmark of parliamentary democracy. If the Executive loses the confidence of the Legislature then the government of the day loses the mandate to govern. The accountability of the government to the Legislature is a sacrosanct principle irrespective of the coalition or single party government.

The Legislature, therefore, has devised several procedures to hold the Executive accountable.

This includes, for example, the procedure of asking questions, the method of moving different motions and the resultant debates on such motions.

Crisis of accountability However, it has been observed that the culture of accountability is eroding. It can be said that there is a crisis of accountability confronting the system of parliamentary democracy across the world. In the recent past, some reports of the Comptroller and Auditor-General (CAG) of India threw light on the decisions taken by some of the Ministers of the United Progressive Alliance-II coalition government. As a result, it was perceived that the culture of accountability had been compromised.

Thanks to the vision of the

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framers of the constitution, we have a body like CAG which so effectively acts as the watchdog of parliamentary democracy.

So important is role of the CAG, that Dr Ambedkar even stated in the Constituent Assembly that it is the most important institution in India’s constitutional framework.

India: A coalition society In India the culture of coalition politics and government is a somewhat relatively new concept. In a society which is a coalition of diverse religions, languages, ethnicities, political parties and regions it is only right that we

have a culture of coalition politics and government.

To have a coalition government is quite natural and usual in the Indian setting. In the Rajya Sabha, the second chamber of the Indian Parliament, there are representatives of 27 parties.

In the Lok Sabha we find representation of more than 30 political parties.

The existence of so many parties at the national and regional levels and election of their representatives to the Legislatures of our country make India a natural choice for a coalition government.

Coalition government and the United Kingdom Even in a country like the United Kingdom, where there are only two or three main parties, there is a coalition government. A study of British politics shows that coalition governments only existed during wartime or other emergencies such as economic crises. It was British Prime Minister Benjamin Disraeli who said that “England does not love coalitions”, and evidently he was right, given that the first formation of a coalition government only took place in 1974 as a result of a hung Parliament. The second coalition

The Parliament building of India in New Delhi.

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government was formed in Britain in 2010 as no political party received a clear majority. It is anticipated that the governments in the U.K. will increasingly be coalitions. Professor Vernon Bogdanor in his book The Coalition and the Constitution published in 2011 after the coalition government headed by Prime Minister Rt Hon. David Cameron, MP, came into power, observed that: “The coalition, moreover, may well not be an aberration. There are signs that, with the rise in strength of third parties, hung Parliaments are more likely to recur than in the past.

Perhaps, therefore, the era of a single party majority government, to which we have become accustomed since 1945, is coming to an end.” If coalition governments exist in countries with only two or three parties, it is inevitable they will exist in a country like India with multiple parties.

The formation of a coalition government does not equate to the culture of accountability suffering as a result. It is guided by what is called the doctrine of the supremacy of the coalition agreement. Mr Cameron, answering a reader’s question in The Independent newspaper days before the 2010 elections said: “the point about a hung Parliament is that the decisions that really matter to people are taken behind closed doors. Instead of people choosing the government, the politicians do.

Instead of policies implemented on the basis of a manifesto there will be compromises and half measures.”

Not compromising basic values It should be stressed that coalition politics need not be a negation of accountability, or a negation of stability and good governance. Rather we have seen that coalition politics helped India defend and safeguard certain basic principles which are at the heart of its governance. The principle of secularism for example, is enshrined in the Preamble of the Indian Constitution and is one of the building blocks of our nation. The Janata Government of 1977 – the first coalition government at the national level – collapsed, according to some

Preeminent leader of Indian nationalism, Mahatma Gandhi, conveyed a great example of compromising in politics

analysis, on account of departure from secularism when some Ministers of the coalition government refused to detach themselves from the Hindu nationalist group, Rashtriya Swayam Sevak Sangh (RSS). Given that some members of the government compromised on secularism, the government fell.

However, looking at the example of the National Democratic Alliance (NDA) Government under former Prime Minister Atal Bihari Vajpayee, it only survived when issues such as the abolition of special status to Kashmir and the Uniform Civil Code were abandoned by the dominant party of the coalition.

Basic principles which are inviolable cannot be compromised. If compromised, a government cannot survive. When the NDA Government departed from the principles of

secularism when riots took place in Gujarat in 2002 they lost the minority votes in the 2004 General Election.

Some of the constituent parties of the

compromising basic principles. When basic principles are compromised then the crisis confronts not only the government but also the nation. The

“The sum and substance is that the basic principles of parliamentary democracy cannot be compromised by any government which includes the coalition government.”

NDA voiced that due to the Gujarat riots in 2002 they lost the faith of their minority groups in their respective programmes and policies. Similarly it has been said that the crisis facing the UPA-2 Government has arisen given the departure from the basic principles of probity and integrity. The coalition compulsion does not mean

lesson, therefore, is that we cannot afford to lose sight of the certain fundamentals which are at the root of the system.

Better scrutiny: better government Due to the neglect of the culture of accountability by compromising

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of the House of Commons pass a resolution to dissolve the House. In doing so the prerogative of the head of the government to dissolve the Parliament at his or her own free will has been taken away. Such a bold measure would ensure stability of the government and thereby promote the cause of accountability.

certain basic principles, the opposition, the CAG and even the larger civil society has come forward in upholding it.

Even in a country like the U.K. there is serious reflection that the culture of accountability has suffered a decline. This is the reason why one of the reports of the House of Commons on the issue of modernization of the Parliament appropriately observed that “better scrutiny leads to better government”.

In fact accountability can be taken forward if there is better scrutiny of the policies of the government. If Parliament does not function then better scrutiny of the government policies cannot be carried out. The number of days Parliament sits is not adequate. On several occasions the Conference of Presiding Officers in India has passed resolutions for

increasing the days of sittings of Legislatures in India. The majority of the time of the Parliament is taken up by the government, meaning the number of days when Parliament sits has to be increased to ensure better scrutiny of government policies.

The late President of India Shri K.R. Narayanan, while inaugurating the new Legislature complex of Kerala in 1998, invoked the words of Shri Achutha Menon. Shri Menon led one of the successful coalition governments in 1967, the year in which the era of one-party dominance came to an end in Indian politics. Shri Menon said that there should be a common minimum programme and code of conduct for Ministers, to secure the successful running of coalition governments. In addition, he added that the Chief Minister should consult the coalition partners to

change Ministers and their portfolios.

Shri Narayanan referring to Shri Menon’s comments said that coalition politics could also provide stability of government and promote good governance. What was done in Kerala could be followed in other parts of India and even at the national level.

Fixed term Parliament In the U.K. measures have been taken to strengthen the culture of accountability after the coalition government gained power in 2010.

The term of the Parliament has been fixed by an Act of Parliament, which means that the Parliament cannot be dissolved before completion of its term except when a no confidence motion is passed by the House of Commons, no other party is in a position to form a government, and when the two-thirds of the Members

Definition of compromise The issue of compromise is at the heart of coalition politics and democracy. Without compromise we cannot have a coalition government.

The whole architecture of politics is based on compromise, but what does this mean?

One shining explanation on compromise came from Mahatma Gandhi who non-violently fought for what he called “parliamentary swaraj” (independence). While fighting for the rights of Indians in South Africa he talked of compromising with the British authorities who assured that the certain law restricting the rights of Indians would be repealed and in turn Indians would have to give fingerprints.

Gandhi, who opposed giving fingerprints on the ground that only fingerprints were taken from criminals, eventually agreed. Many Indians disagreed with him and were furious with his decision.

Gandhi explained that compromise equaled giving concessions and not compromising principles. He explained that he did not compromise on his demand for abolition of the law restricting the rights of Indians.

However, since the British were assuring to repeal the law, he advocated letting the Indians give the concession by giving their fingerprints.

We must be mindful of the definition of compromise Gandhi offered more than 100 years ago.

The sum and substance is that the basic principles of parliamentary democracy cannot be compromised by any government which includes the coalition government. Only by ensuring this can we safeguard the culture of accountability and promote better scrutiny which in turn will promote good governance.

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Building local capacity to strengthen Parliaments Nigeria’s National Institute of Legislative Studies (NILS) was the first organization to collaborate with the CPA-WBI and McGill International Executive Programme for Parliamentary Staff. The Professor of Practice at McGill University, Dr Rick Stapenhurst, and the Secretary-General of NILS, Dr Ladi Hamalai, report on their collaboration in implementing the programme, and learning from the participants’ feedback.

Dr Rick Stapenhurst and Dr Ladi Hamalai

Dr Rick Stapenhurst is both a consultant/advisor to the World Bank Institute, where until his recent retirement, he was team leader of the governance/ parliamentary programme and a Professor of Practice at McGill University’s Institute for the Study of International Development.

Dr Ladi Hamalai is the Director General of NILS. Dr Hamalai has been the pioneer Project Coordinator of Policy Analysis and Research Project (PARP), National Assembly, since 2004.

Dr Rick Stapenhurst

The Commonwealth Parliamentary Association (CPA), and the World Bank Institute (WBI)-McGill University’s International Executive Programme for Parliamentary Staff recently entered a new phase of building the capacity of national parliamentary institutes to deliver the programme in their own respective countries, while at the same time adapting the content to local social and political circumstances.

Consequently, substantial economies

Dr Ladi Hamalai

of scale can be achieved, making per-participant programme costs substantially lower, and longer term capacity development is enhanced, according to the Professor of Practice at McGill University, and the Secretary-General of Nigeria’s National Institute of Legislative Studies (NILS).

Nigeria the first The first such institute to collaborate with the CPA-WBI and McGill

University is Nigeria’s National Institute of Legislative Studies (NILS).

NILS was established by the Nigerian National Assembly (NASS) by an Act of Parliament in 2011.

Building on the successes of the Policy Analysis and Research Project (PARP), which was started in 2003 as a capacity building institution of NASS and supported by the Africa Capacity Building Foundation, the vision of NILS is to be a world class facility that will support Legislatures in Nigeria (at the Federal, State and local levels) and in neighbouring Economic Community Of West African States (ECOWAS) countries. The objectives of NILS include, to: • Provide training, capacity building, research and extension services to Nigerian Legislatures; • Promote best practices in legislative activities both in Nigeria and across West Africa; • Promote and disseminate the practice of science-based method-

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of parliamentary staff in law-making, policy and budget processes with a view to equipping them to perform their jobs effectively.

International Executive Programme for Parliamentary Staff Until comparatively recently, efforts to strengthen the capacity of Parliaments typically focused on improving the skills of Members of Parliament and on improving infrastructure (libraries and information technology) within Parliaments. As important as these activities are, they yielded limited results and it is now recognized that enhancing the institutional memory of Parliament and concentrating on the training of parliamentary staff, is also important.

Dr Ladi Hamalai, Mr Paul Belisle, (WBI) and I welcomed participants and outlined the agenda for the week.

The ten sessions held through the week were:

Leading the way in parliamentary staff development were the CPA, WBI, the Canadian Parliamentary Centre, and the State University of New York’s Centre for International Development (SUNY-CID), among others. Deciding to join forces and thereby capitalize on each institutions’ unique set of strengths and competencies, it was recognized that any programme should be demand-driven and as a result an extensive consultative process was launched with Clerks and Secretaries General from across the Commonwealth and la Francophonie. The outcome o was the development of a unique n Executive Development for Parliamentary Staff, which represents the height of technological and academic knowledge available today which recognizes the expectations of what is needed for the future.

• Democracy, Accountability & Parliaments; • Government Accountability; • Parliamentary Oversight; • The Legislative Process; • Parliamentary Representation; • Corporate Management of Parliaments; • Strategic Communications for Parliaments; • Benchmarking of Parliamentary Performance; • Parliamentary Leadership; and • Parliamentary Research.

The programme comprises a one-week intensive residency, at McGill University in Montreal plus a set of advanced e*learning courses. A unique feature of the programme is that it combines theory and an academic approach with practical case studies and experiences.

Recognized international leaders in parliamentary development from Canada, the United States, Europe, Africa, Asia and Australia were engaged in the development of the curriculum for the programme and an advisory board of leading academics and practitioners provides strategic guidance.

The first residency, held in Montreal in June 2012, included resource persons from a wide array of backgrounds and disciplines, from business administration and political science to parliamentary administration and parliamentary development. A second residency was held in April 2013 and a third is planned for April/May 2014.

ologies of law making to Legislatures in Nigeria; • Improve the capacity of legislators to sustain and consolidate democratic governance through deliberation and policy formulation; • Improve the technical capacity of legislative staff, committee secretaries and legislative aides to process appropriation Bills and oversight; and • Assist NASS and state assemblies in their efforts to conceive and draft Bills.

In carrying out activities to fulfill these, and related objectives, NILS provides extensive training programmes to enhance the capacities of Parliamentarians and parliamentary staff, and undertakes research on current and emerging key issues, legislation and policy reviews. It also has a comprehensive database of Nigerian, African and global laws and a growing collection of parliamentary publications in its library.

This innovative collaborative agreement was initiated by Dr Ladi Hamalai, Secretary General of NILS. She asked for support, in developing training programmes for parliamentary staff in Nigeria.

Three senior faculty members from NILS, along with three staff from NASS, attended the 2013 International Executive Programme’s Residency in Montreal, in order to develop an understanding of the goals, objectives and content of the programme and to begin a dialogue with the programme’s directors and international staff.

NILS staff were charged with the adaptation of the residency schedule, to ensure Nigerian content, while the programme team wrestled with the modalities of delivering the programme five thousand miles from its home base, with a resource team of five international experts from four countries in two continents along with several Nigerian experts.

The first Nigerian residency of the

programme was held in November 2013 in Abuja.

Tasked with developing a set of confident and well-informed parliamentary staff with adequate capacity and competence in issues pertaining to law-making, democracy, parliamentary budgeting and other relevant components of parliamentary process, the objectives of the programme were to: • Acquaint participants with the general knowledge of parliamentary administration; • Avail the participants the opportunity of gaining knowledge that will enhance their productivity in comparative perspectives and boost the performance of their principals (that is, Parliamentarians); • Appreciate parliamentary capacity building, parliamentary oversight of the budget and parliamentary corporate governance and time management; • Expose the participants to the role

International resource persons included: Mr Riccardo Pelizzo (Parliamentary Consultant, WBI); Mr Anthony Staddon (Professor, University of Westminster); Prof. Mark Baskin (Professor, State University of New York); and Mr Mitchell O’Brien (Team Leader, WBI). Nigerian resource persons and guest speakers included: Prof. Amucheazi; Chief Jarumi; Senator Ike Ekweremadu; and Prof. Chudi Uwazurike, Each participant is required to take a total of five e*learning courses.

The first course, on Parliamentary Oversight of Extractive Industries, to be moderated by Nigerian consultant at the World Bank, Mr Deji Oloare, began in early 2014. Future courses include Committees, Corporate Management, the Budget and Public Financial Management, Research and Research/ICT. On completion of the programme in mid-2015, participants will receive a joint certificate from NILS and McGill University’s Institute for the Study of International Development.

Participant feedback The Abuja residency was attended

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Speakers and resource persons during the programme in Abuja. From left to right: Dr Rick Stapenhurst, Mr Mitchell O’Brien, WBI; Prof. Mark Baskin, SUNY; and Mr Paul Belisle, WBI.

by 63 parliamentary staff from NASS, various Nigerian state Legislatures and the ECOWAS Parliament, the residency was a resounding success.

As the residency came to an end, an overwhelmingly positive response was shown from participants and resource persons alike.

Both groups attributed an overall programme content score of 4.3 out of a possible 5.

This first review reflected the relevance, interest and organization of the week-long seminar, as well as a marked enthusiasm for the 18-month-long e*learning portion of the course that is still to come.

Additional positive feedback was given based on the quality of instructors and moderators as well as the level of synergy that developed within the group.

Along with their praise for their initial experience in what is to be the first of an annual programme, participants offered several suggestions as to the possible changes that could be made in order to benefit future participants. A recurring remark was made regarding the demanding agenda during residency.

From 9-5.30pm every day, participants followed an intense programme. It was suggested that

this be eased somewhat to allow time for individual reflection and interaction among participants.

Furthermore, looking beyond the technological and academic improvements, WBI and its partners were asked to more explicitly recognize that no single model is right for all jurisdictions and especially to develop greater insights into the needs of Nigerian state Legislatures.

Furthermore, many participants noted a particular interest in going beyond the objectives set by programme coordinators and building upon the platform of knowledge of the parliamentary procedures and practices at the national level.

In particular, they wanted to increase their own level of understanding of parliamentary democracy and democratic principles and become better knowledgeable in core functions of Parliament, in order to provide efficient services to MPs. Participants also showed significant interest in the specificity and flexibility of e*learning courses offered. The exchange of knowledge using peer-topeer learning, was viewed by participants as a valued way to share, replicate, and scale-up those parliamentary practices found effective elsewhere.

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Parliamentary staff participants voiced a desire to learn from the practical experience of those who had faced similar problems.

Participants remarks included: “I am so impressed with the resource persons during the lecture. I am so happy I have learned many things that will improve my schedule of duties in the office….”; “Generally speaking, all the resource persons were wonderful. They gave enough illustrations and examples [ranging from the] African region, the United Kingdom and America”; “Committed, precise and well-articulated. Allowed for interactive sessions, thereby motivating participants”; “The

programme should be organized again and again, because it is rich and educative”; “I really want to give a great thank you to NILS for giving me the privilege to be part of this historical programme…I give a great thank you to all the resource persons…I wish that NILS should continue to organize such programmes, at least every three months, to improve the knowledge and capability of parliamentary staff”.

In short, participants found that the current programme’s framework provides parliamentary staff with what is perceived as both needed and lacking in other available training programmes.

Next Steps Following the successful programme delivery, Paul Belisle, Mitchell O’Brien and I met with Dr Hamalai to review progress and to plan the next steps in building the capacity of NILS to deliver the programme without international technical support.

Three examples of the activities agreed upon for the next 12 months include: • Publication of presentations in a special edition of the Nigerian Journal of Legislative Studies; • A three-day ‘training of trainers’ workshop for NILS faculty and NASS staff to be held either at McGill

University or in NILS’ facilities in Abuja; and • A second Abuja Residency to be held in August 2014, during which the international resource persons and NILS faculty will co-deliver the programme.

It is interesting to note that this model has a global appeal.

The Parliamentary Institute of Cambodia has expressed a strong interest in working with CPA, WBI and McGill University to develop their capacity to deliver the programme.

For more information, contact Rick Stapenhurst at: frederick. stapenhurst@mcgill.ca

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PACIFIC PARTNERSHIPS

Women forge a Pacific partnership The Pacific Women’s Parliamentary Partnerships (PWPP) Secretariat brings together Australian and Pacific women Parliamentarians to help more women connect with Parliament and enter politics.

Pacific Women’s Parliamentary Partnerships (PWPP) Secretariat

One of the successes of the Commonwealth Parliamentary Association at the regional level is the twinning programme that has been developed between Australian and Pacific Parliaments.

Under the Pacific Parliamentary Partnerships programme, Australian state and territory CPA branches are working in partnership with the Australian Federal Parliament to deliver parliamentary strengthening projects for Pacific Island Parliaments.

The programme is supported by funding from the Australian government’s international aid programme and in some countries links with capacity building projects organized by the United Nations Development Programme (UNDP).

Targeting Pacific Parliaments A recent extension to the programme has seen a focus on the underrepresentation of women in the Parliaments of the Pacific region.

The Pacific Women’s Parliamentary Partnerships project (PWPP) is aimed at tackling some of the underlying issues that have led to Pacific Island

Parliaments having a very low percentage of women elected to Parliament.

Underpinning the project is the belief that women working in partnership with each other and with men can break down the barriers to women’s equal participation in the political life of their countries and their regions.

The five-year PWPP project has been funded through the Australian government’s 10-year, $320 million ‘Pacific Women Shaping Pacific Development’ initiative to help improve the political, economic and social opportunities of Pacific women.

Connecting women Parliamentarians in the Australian and Pacific regions – to share knowledge and experiences, learn from each other, and provide inspiration for each other’s work – is a vital element of the project.

The first opportunity for this to occur was the inaugural Pacific Women’s Parliamentary Partnerships Forum held in Sydney in 2013. The forum brought together more than 40 women Parliamentarians from across Australia and the Pacific for two days

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Pacific and Australian Parliamentarians pictured at the PWPP Forum in 2013.

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This page: Participants engaged in a discussion during the Forum in Sydney last year.

Right: The PWPP addresses the issue of the under-representation of women in Pacific Parliaments.

of discussions to help shape the PWPP project.

They agreed on 12 priorities, the first of which was to establish mentoring relationships between Australian, New Zealand and Pacific Parliamentarians.

That has already resulted in MP exchanges between Australian MPs and Parliamentarians from Palau and the Solomon Islands as well as an exchange between a former

Australian Speaker and the Speaker of the Cook Islands Parliament.

The women Parliamentarians who gathered in Sydney also recognized that while individually they may not be numerous within their own Parliaments, collectively they have an important voice in the region that needs to be heard. They used that voice immediately by making a joint submission to the Pacific Plan review, which was examining

ways to strengthen Pacific regional integration and cooperation. In that joint submission, the PWPP project reference group stated: “Promoting gender equality is a human rights issue and it is also a means to other critical ends. It is about improving both the lives and status of women and as new research indicates, meaningful economic and social change can only occur when

women and girls have the opportunity to participate equally in their societies.

It is critical that women in the Pacific region are provided equal opportunities to actively participate in their communities and societies.

This includes at critical leadership and decision-making levels, such as Parliament.”

The submission recommended a range of measures to enhance

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©UN Women/Elizabeth Cox

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sensitive training workshops for Parliamentarians and parliamentary staff to improve the effectiveness of work within cultural contexts and parliamentary accountability; • The identification, training and support of male champions of gender equality within Pacific Parliaments; and • The development of information technology infrastructures that facilitate participation.

gender equality in Parliaments, including: • The creation of a cross-party parliamentary body (with both male and female representation) responsible for ensuring gender equality issues are considered in parliamentary mechanisms such as the development and implementation of legislation and policies; • Regional and in-country gender-

In addition to the above work, in its first year the PWPP project also offered scholarships for Pacific women parliamentary researchers to undertake attachments at the Australian Parliamentary Library; placed Australian parliamentary researchers in four Pacific Island Parliaments to assist women MPs and parliamentary staff in researching and considering gender issues relevant to their parliaments; coordinated a Pacific regional workshop on gender-sensitive parliaments in conjunction with the

Inter-Parliamentary Union and the UNDP; and coordinated a young women’s forum that brought together Australian and Pacific MPs and young women to discuss ways in which young women in the region can be encouraged to connect with the political life of the region.

A research facility has also been established that allows Pacific women Parliamentarians to make research requests to assist them with their parliamentary work. In addition, learning modules are being developed that will help Pacific women MPs with their professional development.

The second year of the project promises to be as exciting as the first.

More MP exchanges and research scholarships are being offered.

The second PWPP forum will be held in Tonga in July 2014, once again bringing women Parliamentarians from across the region together to work on the next stages of the project.

Community engagement forums

are also being introduced that will enable Australian and Pacific women Parliamentarians to work together with subject specialists on issues of particular interest and concern to communities of women in the Pacific region.

The project aims to inspire women in the Pacific region to connect with Parliaments and enter politics. Its key focus is on sharing the common wealth of knowledge, experience and skills that exist among women Parliamentarians in the region and other women who, in their communities, are already demonstrating the leadership needed to help women become equal participants in the political life of the Pacific.

For more information on the Pacific Women’s Parliamentary Partnerships project visit www. pacificparliaments.net/pwpp or contact the project manager, Fiona Way at email fiona.way.reps@ aph.gov.au or phone +61 2 6277 4400.

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CPA MATTERS

CPA Statement of Purpose The Commonwealth Parliamentary Association mobilizes its Parliaments, Legislatures, their Members and staff to advance the consideration of good democratic governance and the institutional and professional development of its membership. It works in the Commonwealth through meetings and publications to discuss: • The democratic representation of all sections of society and both genders; • Parliamentary oversight of the executive; • Parliamentary involvement in formulating legislation and government policy; • The role of small Parliaments; • Parliamentary outreach to the people, and • The independence of Parliament from the executive government.

Adopted by the CPA General Assembly, Colombo, Sri Lanka, September 2012.

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Parliamentary Report

NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS AUSTRALIA: Customs Tariff Amendment (Tobacco) Act 2014 Page 127

AUSTRALIA: Farm Household Support Act 2014 Page 127

NEW ZEALAND: The Subantarctic Islands Marine Reserves Bill Page 129

NEW ZEALAND: The Sullivan Birth Registration Bill Page 131

INDIA The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2014 Page 133

INDIA The Governors (Emoluments, Allowance and Privileges) Amendment Bill, 2014 Page 135

the passing of the haka ka mate attribution bill

Page 129

THE DEBATE FOR HIGH-SPEED RAIL

LEGISLATION UNDER CONSIDERATION

THE CREATION OF INDIA’S 29TH STATE

Page 122

Page 126

Page 132

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PARLIAMENTARY REPORT

UNITED KINGDOM

the debate for highspeed rail The second quarter of 2014 has been a relatively quiet one in Westminster. The Chancellor of the Exchequer, Rt Hon. George Osborne, MP, (Con) delivered his Budget in March, and the government introduced several Bills that will be carried over until the next Session – the last before the General Election.

These included a Deregulation Bill, a Consumer Rights Bill and a Bill on the government of Wales.

Arguably the most contentious event in Parliament during this period was the long-awaited Second Reading of a Bill to provide for a new high-speed rail line.

High-speed rail On 28 April, the House of Commons debated the Second Reading of the High-Speed Rail (London-West Midlands) Bill. The Bill provides for a high-speed rail link between London and Birmingham, the first phase of a project to connect London and the north of England.

Over 50 Members had expressed an interest in speaking during the second reading and, even with the government providing an extra hour for the debate, the Speaker, Rt Hon John Bercow, MP, announced that a five-minute limit would apply to most Members’ speeches.

Opening the debate, the Secretary of State for Transport, Rt Hon. Patrick McLoughlin, MP, (Con), said that it had been 120 years since the last main line railway was built north of London.

Rt Hon. George Osborne, MP

He focused on overcrowding on the North West Main Line, rising property prices in London and potential economic benefits for the north of England and Scotland of better North-South rail links. He concluded: “The choice comes down to this: do we invest in modern transport links to make sure that every part of Britain can compete for the best jobs, or are we really happy for London and the south-east to power ahead while the rest get second best?”

The Opposition spokeswoman, Ms Mary Creagh, MP, (Lab), supported the Bill.

She noted that the project had originated in the last Parliament and accused the government of mismanaging the project inherited from their predecessors.

She dwelt on the potential reduction in journey times to the West Midlands and north of England and also focused on the potential economic benefits.

However, she said that the Opposition’s support was not unconditional and the project would have to continue to provide

value for money. She concluded: “The great western line, built by Isambard Kingdom Brunel, was the first high-speed line, taking travellers from London to Oxford in just over an hour in the 1850s— twice as fast as the competition.

HS2 follows in Brunel’s great tradition of railway innovation, and we should learn from that ambition for our railways.”

One of the most prominent opponents of High Speed 2 has been the former Secretary of State for Wales, Rt Hon. Cheryl Gillan, MP, (Con). Mrs Gillan moved a “reasoned amendment” to try and deny the Bill a second reading. Her purpose in doing so was, she said, to “register the risks associated with it and the pain and anguish that it continues to bring to so many people, and to ask the House whether this is really the top priority and the best way to spend £50 billion of taxpayers’ money”.

In doing so, she took issue

Rt Hon. Cheryl Gillan, MP

with the economic projections on which the government had made

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UNITED KINGDOM its case. She argued that more realistic assumptions would show that the project would in fact lose money for the taxpayer. She also spoke about the environmental impact of the project on her constituency in the Chilterns and the impact on the lives of her constituents who live on and near the route.

Mrs Gillan’s amendment was supported by 50 Members.

However, the Bill had the support of all three major political parties and 451 Members voted against the amendment. The Bill passed its second reading by a slightly larger margin. Given that the Bill is hybrid – that is, it impacts on private interests – it will now go to a Select Committee who will examine petitions from those who interests are affected by the Bill. It is possible that the Committee’s work will continue until after the next General Election.

Ukraine The situation in Ukraine has caused widespread concern in Parliament. On 18 March 2014 President Putin signed a Bill absorbing Crimea into the Russian Federation. On the same

Rt Hon. William Hague, MP

day, the House of Commons held a general debate on the situation, opened by Foreign Secretary, Rt Hon. William Hague, MP, (Con).

The Foreign Secretary described the crisis in Ukraine as “the most serious test of European security in the 21st century so far”. He was critical

of President Putin’s actions, saying that he had chosen a path of isolation. He described the referendum in Crimea, in which 96 per cent of those voting supported joining the Russian Federation, as part of a “shame and perverse democratic process”.

Sir Malcolm Rifkind

Mr Hague noted that the Budapest agreement of 1994 saw Russia agree to respect Ukraine’s borders and not use armed force against it, in return for Ukraine giving up control of nuclear weapons. He argued that Russia’s actions sent a “terrible message” to countries in the region that might be seeking nuclear weapons. After setting out a number of measures that the European Union had agreed to take against Russia, he concluded: “We will be clear about our own national interest, which is in Ukraine being able to make its own decisions, in the upholding of international law and the UN charter, and in the prevention of future violations of independent European states.”

Responding for the Opposition, the Shadow Foreign Secretary, Rt Hon. Douglas Alexander, MP, (Lab), expressed his support for the government’s effort to find “an urgent de-escalation of the crisis and in their efforts to date to secure a sustainable diplomatic resolution that respects and upholds the international law”.

He argued that President Putin

had sought a Eurasian Union to compete with the European Union, but that he had turned to armed force having been unable to secure the willing support of neighbouring countries. The Shadow Foreign Secretary said that the referendum in Crimea had not been free and fair – it had “taken place under the shadow of Russian guns” – but urged dialogue with Russia to try to find a solution. He finished his speech by saying, “a combination of deft diplomacy, shared resolve and a unified response are the best means by which we can de-escalate this continuous and dangerous crisis, and ultimately re-affirm Ukrainian sovereignty and preserve European security.

The British Government will have our support in working to achieve that desired outcome”.

The former-Foreign Secretary, Sir Malcolm Rifkind (Con), said that the Russian objective was to control the territory formerly

Rt Hon. Douglas Alexander MP

occupied by the Soviet Union either directly or indirectly.

He described the measures imposed by the United States and European Union as “a pathetic and feeble response”.

He argued that the only way to effectively influence Russia would be through economic sanctions and he claimed that Gazprom’s Chairman had sold his shares shortly before the crisis reached its peak.

The Chair of the Foreign Affairs Committee, Sir Richard Ottaway

(Con), argued that President Putin was isolated, even from his traditional allies in China.

However, he expressed sympathy for Germany’s dependency on Russia’s energy reserves and the difficulties that created for its position.

The former Leader of the Liberal Democrat party, Sir Menzies Campbell, echoed the views of many when he spoke of “persevering and promoting the isolation that Russia found itself in at the Security Council”. On the Labour side, the former Minister for Europe, Mr Chris Bryant, MP, was concerned that Russia’s territorial ambitions might extend further into Eastern Europe and questioned whether Western European have the capacity to prevent them. He criticized what he called “appeasement” of Russia, saying “we have done far too little to safeguard European energy supply over the years. We have surrendered our military capacity to intervene. We have let commercial interests alone determine our foreign policy”.

Sir Edward Leigh (Con), spoke about Ukrainian and Russian history. He argued: “This is not a simple, liberal argument about a long-standing independent united country and a foreign aggressor.” He noted that Western Ukraine is “fiercely antiRussian” whilst Eastern Ukraine, including Crimea, is more proRussian.

He argued that many in Russia would see the West as practicing double standards, supporting self-determination in Kosovo whilst denying it in the Crimea.

He concluded by saying that Russia would not allow Ukraine to join NATO “any more than we would allow an integral part of what we consider to be important to our soul and our history to be detached from us”.

The debate took place on the motion “that the House has considered Ukraine” and ended without a vote.

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CANADA

Rulings by the Supreme Court of Canada The Supreme Court of Canada made two significant constitutional rulings during spring 2014. First, it spelled out the criteria for nominating judges to the Supreme Court from the Province of Quebec, and second, it set out the constitutional process for reforming the Senate.

As reported in Issue Three 2013 of The Parliamentarian, the government appointed Mr Justice Marc Nadon to the Supreme Court of Canada as one of the three justices from the Province of Quebec. The court challenged his appointment because he did not meet the special eligibility requirements for judges from Quebec, which has a distinct civil law regime. Justice Nadon serves on the Federal Court of Appeal (as opposed to the Court of Appeal or the Superior Court of the Province of Quebec) and is not a current member of the Quebec bar. In December 2013, in an attempt to ensure his appointment, Parliament enacted a declaratory provision providing that a person could be appointed at any time if they were a member of the Quebec bar for at least 10 years.

After the court had challenged his appointment, the government referred the following two questions to the Supreme Court: • Can a person who was, at any time, a member of the Quebec bar be appointed as a justice from Quebec?

• Can Parliament enact legislation to provide that a person who was previously a member of the

bar be appointed as a judge of the Supreme Court?

In March, the Supreme Court answered both questions in the negative. Regarding the first question, it ruled that to be appointed as a judge from Quebec, a person must be a current member of the Quebec bar for at least 10 years. As a result, it voided the appointment of Justice Nadon.

Regarding the second question, it ruled that the eligibility requirements for appointments to the Supreme Court are constitutionally protected and can only be changed with the unanimous consent of Parliament and the 10 provincial Legislatures.

Consequently, the declaratory provision enacted by Parliament has no effect.

On 25 April, the Supreme Court issued its opinion on a number of questions on Senate reform submitted by the government (See 2013: Issue Three). The Court was asked whether Parliament could act alone to fix term limits for Senators (they sit until age 75), to enact consultative elections as a way of selecting Senators (they are appointed by the Governor General on advice of the Prime Minister) and to repeal the property qualifications for Senators (they are required to own $4,000 worth of property).

The Court was also asked whether unanimous consent of the provinces is required to abolish the Senate.

In a unanimous opinion, the

Court noted the Senate is one of Canada’s foundational political institutions. Furthermore, it said the Constitution of Canada is not “a mere collection of discrete textual provisions. It has an architecture; a basic structure”.

As to the questions, the Court said that because imposing term limits for Senators would change their role by reducing the security of their tenure, this would require the approval of seven of the 10 provinces representing at least 50 per cent of the population.

Similarly, because implementing consultative elections would change the constitution’s architecture by giving the Senate a different mandate, this would require the same kind of approval.

The Court agreed that Parliament could repeal Senators’ property qualification, except in Quebec, where its approval would be required. Finally, the Court ruled that because abolishing the Senate would fundamentally alter Canada’s constitutional architecture, this would require the approval of Parliament and all the provinces.

Debating Senate reform has been part of Canadian politics since Canada became a federation. There have been many different proposals, from the nomination of Senators by a group of impartial experts, to the election of Senators, to outright abolition. This opinion by the Supreme Court will not end the debate, but it does provide direction on the constitutional process for reforming the Senate.

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CANADA

Mr Justice Marc Nadon’s appointment is being challenged by the court

Commentators are quick to point out, however, that gaining the agreement of seven provinces, let alone all 10, is a difficult goal to reach.

Legislation As reported in Issue One 2014 of The Parliamentarian, Bill C-23, the Fair Elections Act, was referred to the House of Commons Standing Committee on Procedure and House Affairs. In early March, the Bill was the subject of a filibuster when the opposition New Democratic Party tried to force the government to agree to hold committee hearings across the country. The filibuster ended without achieving its goal, however, and committee hearings continued in Ottawa through March and April.

The Senate, meanwhile, referred the Bill to the Standing Senate Committee on Legal and Constitutional Affairs, which examined the subject matter of the Bill in advance of it coming to the Senate. On 15 April, the Committee tabled a report in which it recommended a number

of amendments to the Bill.

On 25 April, the Minister of State (Democratic Reform), Hon. Pierre Poilievre, MP, announced the government would support a number of amendments to Bill C-23. These addressed many of the concerns identified by the Senate Committee and included changes to the clauses dealing with voter identification, election expenses, the retention period for records of automated calls to voters and the promotion of democracy in schools. On 5 May, the committee reported the Bill back to the House with a number of amendments. On 12 May, they agreed the Bill at the report stage and the following day the House passed the Bill.

In late March, the government introduced Bill C-31, the Economic Action Plan 2014 Act, No. 1. This omnibus Bill includes measures to implement provisions announced in the Budget of 11 February – such as amendments to the Income Tax Act and the Excise Tax Act. In addition, it also includes amendments relating

to international treaties on trademarks, to the regulatory authorities regarding the insurance of mortgages, to programmes for immigrants and to the federal rules governing the transportation of beer and spirits between provinces.

The government referred the 380-page Bill to the Standing Committee on Finance. Although the Bill had not yet reached the Senate, the subject matter of the Bill was referred to the Standing Senate Committee on National Finance and other Senate committees for study.

In April, the government introduced Bill S-4, the Digital Privacy Act in the Senate. It amends the Personal Information Protection and Electronic Documents Act with the aim of protecting Canadians’ personal information when surfing the web and making online transactions.

The amendments are in keeping with the government’s Digital Canada 150 strategy that they had announced a few days earlier.

Also in April, the government introduced Bill C-33, First Nations

Control of First Nations Education Act, which will set education standards for First Nations schools, while recognizing that the First Nations are responsible for administering their own education systems. The National Chief of the Assembly of First Nations (AFN), Shawn Atleo, supported the Bill, but several First Nations leaders criticized him stating that the Bill did not respect their treaty rights or provide them with adequate funding. Faced with this opposition, Mr Atleo resigned on 2 May. On 5 May, the government announced that it would not proceed further with the Bill until the AFN clarified its position.

Election in Quebec Quebec held a provincial election on 7 April, in an event that held ramifications for federal politics.

Premier Pauline Marois called the early election in the hope of winning a majority.

Her party, the nationalist Parti Québécois, held 54 seats in the 125-seat National Assembly, compared with 49 for the

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federalist Liberal Party, 18 for the centre-right Coalition Avenir Québec, two for the left-wing Québec solidaire and two for independents.

On election night, the Liberal Party emerged victorious, winning a majority government with 70 seats, versus 30 for the Parti Québécois, 22 for the Coalition Avenir Québec and three for Québec solidaire. Subsequently, Liberal leader Hon. Philippe Couillard, MNA, became Premier.

The election was significant for federal politics because the Parti québécois received the lowest share of the popular vote since 1970. In 1980 and 1995, the Parti québécois held referendums on Quebec sovereignty, and during the election campaign, it promised to hold another one.

The party’s resounding defeat makes it unlikely that such a referendum will take place in the near future.

CANADA/AUSTRALIA Membership changes in the House of Commons

Address by His Highness the Aga Khan

In April, Hon. Jim Flaherty, MP, who had recently resigned as Minister of Finance, passed away.

Prior to his election to the House of Commons in 2006, he had served 10 years as a member of the Legislative Assembly of Ontario.

In recognition of his years of public service, Mr Flaherty was given a state funeral.

Other changes included the resignations of Liberal Jim Karygiannis, MP, and New Democrat Olivia Chow, MP. Both resigned to enter municipal politics in Toronto.

On 27 February, His Highness the Aga Khan, 49th Hereditary Imam of the Shia Imami Ismaili Muslims, addressed a joint session of both Houses of Parliament.

While addresses by foreign heads of state and heads of government take place every couple of years on average, addresses by foreign dignitaries are rare. Including the Aga Khan, only six foreign dignitaries have addressed joint sessions, among them Nelson Mandela and three secretaries general of the United Nations.

In his address, the Aga Khan talked about his role as spiritual leader of the world’s Ismaili Muslims. He also talked about his role in “improving their quality of life and the quality of life of the communities in which they live”. Specifically, he talked about the activities of the Aga Khan Development Network and its

Changes to the Ministry In March, Hon. Joe Oliver, MP, became Minister of Finance. Hon. Greg Rickford, MP, replaced him as Minister of Natural Resources and Hon. Ed Holder, MP, in turn replaced him as Minister of State (Science and Technology).

close collaboration with Canada.

As well, he talked about the importance of pluralism and the role civil society can play in finding peaceful solutions during times of change.

National Day of Honour On 9 May, tens of thousands of people gathered in front of the Parliament Buildings to take part in the National Day of Honour to mark the end of Canada’s 13-year military mission in Afghanistan.

Governor General His Excellency Rt. Hon. David Johnston; Prime Minister the Rt. Hon. Stephen Harper, MP; Minister of National Defence Hon. Rob Nicholson, MP, and Chief of the Defence Staff, General Thomas J. Lawson all attended the event. It included a parade, the presentation of the last Canadian flag flown in Afghanistan, a fly-by by aircraft of the Royal Canadian Air Force and a moment of silence.

Legislation under consideration A key commitment of the Abbott Government is the repeal of the “carbon tax” introduced by the previous Labor Government. The Abbott Government, however, does not have a majority in the Senate and, consequently, the package of Bills to repeal the carbon tax legislation and related measures were all negatived at the third reading.

Section 57 of the constitution sets out the simultaneous or ‘double’ dissolution election requirements. This section requires that there be an interval of three months between the

rejection of a Bill by the Senate and its passage again by the House before a second rejection, failure to pass or unacceptable amendment by the Senate in order for a Bill to qualify as a trigger for a double dissolution election. On 20 March 2014 the Clean Energy Finance Corporation (Abolition) Bill 2013 [No. 2] was introduced in the House of Representatives and passed on 27 March. This Bill provides a potential trigger depending on how it is dealt with by the Senate. On 1 July new Senators elected at the

September 2013 election will take their seats in the Senate.

There is the possibility that the “new” Senate could deal with the carbon tax repeal Bills differently.

Two sitting weeks in July have been programed which will no doubt provide an opportunity for the carbon tax repeal Bills and other contentious Bills to be considered by the new Senate.

On 19 March the Omnibus Repeal Day (Autumn 2014) Bill 2014 was introduced to the House of Representatives and passed on 26 March. The Parliamentary Secretary to

the Prime Minister, Hon. Josh Frydenberg, MP, in introducing the Bill noted the build-up of government regulations which were adding a massive compliance cost to business.

Mr Frydenberg noted that the “Australian Chamber of Commerce and Industry surveyed its members in 2013 and found that 73 per cent of businesses felt the compliance burden had increased in the past two years”. Mr Frydenberg stated that “questions must be asked first before any new regulations are passed. What is their purpose?

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AUSTRALIA Their cost? Their impact on new entrants? And their effectiveness in managing risk? Only then, when it is absolutely necessary, with no sensible alternatives available, should we proceed to regulate”. He advised that “today the government introduces legislation and tables documents to repeal more than 10,000 acts and regulations, the largest ever single bulk repeal in the history

Hon. Tony Abbott, MP

of the Commonwealth. Red and green tape is being cut across nearly every portfolio, slashing the compliance Bill for business and the not-for-profit sectors by more than $700 million”. The Senate Procedural Information Bulletin noted that “the scale of such an exercise makes unintended consequences almost inevitable”.

The Bill has been referred to the Senate Finance and Public Administration Committee for report by 14 May.

New Honour for Pre-Eminent Australians On 25 March the Prime Minister Hon. Tony Abbott, MP, announced a new Honour for preeminent Australians. Knights and Dames in the Order of Australia will be approved by Her Majesty on the recommendation of the Prime Minister. There may be up to four Knights or Dames created in any year. Mr Abbott noted that “this special recognition may be extended to Australians of ‘extraordinary and pre-eminent

THIRD READING: AUSTRALIA Customs Tariff Amendment (Tobacco) Act 2014 The Customs Tariff Amendment (Tobacco) Act increases the rate of excise equivalent customs duty on tobacco through a series of four staged increases of 12.5 per cent. It commenced on 1 December 2013 and indexes the rates of excise equivalent customs duty on tobacco to average weekly ordinary time earnings instead of the consumer price index. The Parliamentary Secretary to the Treasurer, Hon. Steven Ciobo, MP, commented that the measures in the legislation “should help to reduce disease and premature death due to smoking by increasing the cost of consuming tobacco products”. Mr Ciobo noted that the legislation “imposes the same measures on imported goods, also known as excise equivalent goods, as the Excise Tariff Amendment (Tobacco) Bill 2014 imposes on local goods. This ensures imported tobacco products are treated the same as local tobacco products”.

The Shadow Assistant Treasurer, Hon. Dr Andrew Leigh, MP, noted that the legislation is a progressive health measure which Labor supports. Dr Leigh noted that “while the national smoking rate is around 17 per cent, it remains considerably higher for disadvantaged groups. It is 26 per cent for people living in low socioeconomic areas, 34 per cent for Indigenous Australians and 38 per cent for the unemployed.

Smokers in these groups also consume more cigarettes, around 15 to 20 per cent more cigarettes than the average smoker”. Dr Leigh commented that “the legislation also has particular benefits for regional Australia. Smoking rates in regional areas are twice as high as in the cities, and people in the bush have higher death rates from lung cancer, heart disease, asthma and chronic obstructive pulmonary disease. This Bill will help non-smokers. We know that smokers harm those around them, including children who inhale passive smoke and the one in six babies born to mothers who smoked while pregnant”. Dr Leigh noted that the legislation implements “policy that was announced by the former Labor government in the 2013-14 budget and then the 2013 economic statement. The former Labor government announced those policies in order to reduce smoking rates in Australia, to reduce the scourge of cancer to which I referred in my opening remarks”.

Farm Household Support Act 2014 The Farm Household Support Act 2014 replaces the Farm Household Support Act 1992. The new legislation replaces the Exceptional Circumstances Relief Payment

(ECRP) by providing for up to three years of financial assistance (the Farm Household Allowance) for eligible farmers and their partners in financial hardship without the need for a climatic trigger. At the height of the last drought, during the 2008-09 financial year, over 30,000 farm families relied on ECRP to meet basic household expenses.

The Minister for Agriculture, Hon. Barnaby Joyce, MP, noted that the legislation “confirms this government’s commitment to introduce a new farm household support payment, to help those in financial need regardless of the cause”.

Mr Joyce noted that “for more than two decades, the Farm Household Support Act has enabled the government to provide farm families with crucial financial assistance during times of severe hardship. It was a lifeline for many farm families during the disastrous millennium drought of 1995 to 2009. Australia is a dry continent with a highly variable climate, and drought is an obvious challenge our farmers face—but it is not the only one. They must also adapt to changes in commodity prices, the fluctuating Australian dollar, competition from foreign producers both on and offshore—who can be heavily subsidised—biosecurity threats and the vagaries of the weather”.

Mr Joyce commented that “Australia is well placed to benefit from the growing global demand for quality food and fibre, especially from Asia. But our farmers need the support of the Australian government to reach their full potential, during both the good and the bad times”.

In particular, Mr Joyce noted that “it is vital that we strike a balance between supporting farm families during hard times, and promoting the growth of a productive, competitive and profitable sector”.

The new payment will “provide farmers and their partners in hardship, with up to three years of household income support paid at the same rate as Newstart allowance or youth allowance for those under 22 years old”.

The Shadow Minister for Veterans’ Affairs, Sen. the Hon. Don Farrell, noted that while Labor supports the legislation “we have been critical of the Abbott government’s slow response to the current drought. It is a bit like their slow response to opening up South Australia to mining, as I noted earlier. This is another example of a slow response by this new government. This Bill should have been introduced much sooner to enable a more timely assistance to struggling farm families who have been suffering for some time”.

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achievement and merit’ in their service to Australia or to humanity at large”.

In particular, the serving Governor-General will be the principal Knight or Dame in the Order of Australia. This honour applied immediately to the outgoing Governor-General and incoming Governor-General.

Mr Abbott congratulated “Her Excellency the Honourable Dame Quentin Bryce AD CVO and the Governor-General Designate, General Peter Cosgrove AC MC, on this acknowledgement of their service to our country”.

The decision to re-introduce an Honour system including Dames and Knights was met with mixed reviews. During debate in the Senate, Labor Sen. the Hon. Penny Wong noted that in contrast to the Prime Minister’s view that the measure is adding a grace note to our community, she commented that it was a retrograde note. Senator Wong referred to a speech by former Prime Minister Paul Keating in which he talked about the “cultural cringe of the then opposition and their yearning for the mother country, which is, in many ways, demonstrated by the return of knights and dames”.

During question time in the Senate on 27 March Sen. the Hon. George Brandis, AttorneyGeneral and Vice-President of the Executive Council indicated that he was consulted on the Prime Minister’s decision to reinstate Dames and Knights.

Senator Brandis stated that “I was consulted. I supported the decision very warmly. I agree with the Prime Minister’s view that it adds a grace note to our national life, and may I say how delighted I am that the first recipient of the restored orders of knights and dames of the Order of Australia is Dame Quentin Bryce, whom it has been my pleasure to know for 39 years”.

Senator Brandis then responded to a question

AUSTRALIA that the former Liberal Prime Minister John Howard described the reinstatement of Dames and Knights as “somewhat anachronistic”.

Senator Brandis stated that “I am aware that there is a variety of views about this in the Liberal Party, and it is one of the glories of the Liberal Party and the National Party that we are not afraid of a variety of views. I am also

Sen. the Hon. Penny Wong

aware that the shadow AttorneyGeneral, Hon. Mark Dreyfus, MP, carries the title Queen’s Counsel, that the former Labor AttorneyGeneral, former senator Gareth Evans, carries the title Queen’s Counsel, and that, when both of those gentlemen were given the opportunity to change their postnominal title to Senior Counsel, they both declined to do so”.

Swearing in of the new Governor-General On 28 March, in the Senate Chamber, the new GovernorGeneral H.E. Hon. Sir Peter Cosgrove AK MC (Retd) was sworn in.

The Senate Procedural Information Bulletin (SPIB) noted that the swearing in had no connection with the proceedings of the Senate and was organized by executive government. The SPIB stated that “there is no constitutional reason for the ceremony to take place in the Senate chamber and it is one of many persisting myths that

it cannot occur in the House of Representatives chamber because the Monarch and her representative cannot enter the lower house”.

On 28 March the Senate was not in session and, as the SPIB noted, “the Senate chamber was simply a room of the right size and configuration”.

Additional Estimate Hearings 24 to 28 February 2014 The estimates process provides one of the most effective means by which the Executive is scrutinized and held to account.

On 25 February the Senate Legal and Constitutional Affairs Legislation Committee scrutinized the Executive over its border protection activities which have the operational name of Operation Sovereign Borders. While it is not a military operation, the officer in charge of the programme is a lieutenantgeneral on secondment from the Australian Defence Force.

The Shadow Minister for Defence, Sen. the Hon. Stephen Conroy, focused his questioning around the apparent lack of transparency and availability of information.

In a question to LieutenantGeneral Angus Campbell, Senator Conroy stated that “I want to return to an issue I understand you canvassed a little earlier. It is about your claims of the need for operational secrecy and why you refused to answer any questions whatsoever to the Australian public on this issue”.

The Assistant Minister for Immigration, Sen. the Hon. Michaelia Cash, rejected the assertion stating that “the general has answered every question that has been put to him, other than those which are in relation to one water activity”.

However, Senator Conroy continued his line of attack at one point stating that the General was “engaged in a political cover-up”.

General Campbell in response

stated that “Senator, I would like to put on the public record that I take extreme offence at that statement you have made”.

Following a short suspension to the meeting, Senator Conroy returned and withdrew the statement he made to the General. However the matter did not end there.

On 26 February, Senator Conroy’s statement to the General became an issue of debate in the House of Representatives.

The independent member for Denison, Mr Andrew Wilkie, MP, moved that “the opposition defence spokesperson be admonished for calling into question the integrity of Lieutenant General Angus Campbell”.

Mr Wilkie stated that “I think a line was crossed yesterday when the opposition defence spokesperson called into question the integrity of General Campbell. General Campbell is a classmate of mine and someone I know, and I know that he is a good person and I know that he will do a good job following the orders he is given by the government of the day, as unpalatable as those orders are”.

The question was put and passed without division.

The appropriateness of the House of Representatives admonishing a Senator for his conduct in a Senate estimates hearings was discussed in the SPIB. The SPIB stated that “such an action by another House is of no effect and is an offence against the principles of comity that are a reflection of the independence of each House.

While a House of the Parliament may inquire into the conduct of its own Members and exercise full disciplinary control over them, it has no such powers over the Members of another House, not least in respect of proceedings of that other House”.

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NEW ZEALAND

the passing of the haka ka mate attribution bill

Rt Hon. John Key, MP

Parliament resumed sitting on 28 January with a statement from the Prime Minister, Rt Hon. John Key, MP, (National) reviewing public affairs and outlining the government’s legislative and policy intentions for the next 12 months. Under Standing Orders of the House of Representatives the Prime Minister’s statement must be made on the first sitting day of each calendar year, except when that is the first meeting of a new Parliament or first day of a session of Parliament.

The statement provides an opportunity for a wide-ranging debate of up to 15 hours over several sitting days.

By convention Mr Key began the debate with a vote of confidence in his National-led government and by commending the programme set out for 2014 in the tabled statement. He said: “In the plan for the year the government goes back to the four key points that it has been implementing for some time. To responsibly manage finances— that has got to be the top priority.

This government will also stick to

its plan of building a competitive and productive economy. It will continue to deliver better public services and it will rebuild Christchurch.”

Opposing the motion, the Leader of the Opposition, Hon. David Cunliffe, MP, (Labour) moved a no-confidence motion “because New Zealand has become more and more divided, because those in the middle are struggling, and because the poor are going backwards”. Dr Russel Norman, MP, (Co-leader, Green Party) criticized the government’s performance on climate change: “The government has destroyed a price on carbon and subsidized fossil fuels, with the result that New Zealand’s greenhouse gas emissions are projected

Rt Hon. Winston Peters, MP

to increase 50 per cent above 1990 levels by 2030.” Rt Hon. Winston Peters, MP, Leader of NZ First, said: “The Prime Minister wants the House to express its confidence in the National government. Well, we do not.

There is no basis for this National government to boast about its

Bill was introduced after the Privileges Committee reported on whether the Supreme Court’s decision in Attorney-General and Gow v Leigh had any implications for parliamentary privilege.

A former contractor with the Ministry for the Environment sued its deputy secretary for defamation after the Minister for the Environment answered parliamentary questions on the basis of advice from the

economic record. Export prices for dairy produce have been at record levels. New Zealand has been the beneficiary of the best terms of trade for 40 years.”

The debate concluded on 15 February with the House voting in favour of the Prime Minister’s confidence motion by 63 votes to 57.

Parliamentary Privilege Bill The Parliamentary Privilege

THIRD READING: NEW ZEALAND The Subantarctic Islands Marine Reserves Bill The Subantarctic Islands Marine Reserves Bill passed its third reading with unanimous support on 11 February. It creates three new marine reserves in a World Heritage – listed area: Moutere Mahue/ Antipodes Island, Moutere Hauriri/ Bounty Islands, and Moutere Ihupuku/Campbell Island.

The Bill’s sponsor, Hon. Dr Nick Smith, MP, (National) said the government planned “to create a record number of marine reserves in New Zealand this year”.

He believed that “the debate this century is going to be about the use of the ocean environment”.

Mr Andrew Williams, MP, (New Zealand First) noted the islands’ ecological significance: “ Over a dozen species in

these Subantarctic Islands are endangered, such as the southern royal albatross.”

Ms Nicky Wagner, MP, (National) commented that “New Zealand has 48 marine protected areas”. However, Mr Gareth Hughes, MP, (Green Party) said that that was not enough: “these marine reserves take the percentage of New Zealand waters in marine reserves only from 0.31 to 0.41 per cent.”

Mr David Shearer, MP, (Labour) commenting on the Marine Reserves Act 1971, which allows for such new reserves, said: “We now need to look at updating that legislation so that we do not have to go through the same procedure every time we want to make a particular area like the Subantarctic Islands a marine reserve.”

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deputy secretary that included statements about the contractor’s

Hon. Christopher Finlayson, MP

work. The court found that such advice was covered by qualified privilege only and could, therefore, be subject to judicial scrutiny.

The Privileges Committee recommended a legislative response to what it concluded was the narrowing of the scope of parliamentary privilege by the court.

The Attorney-General, Hon. Christopher Finlayson, MP, (National) said that “the Bill… does not replace, alter, or detract in any way from article 9 [Bill of Rights]”, but that it will “clarify and update various aspects of privilege to keep up with changing parliamentary practices and with modern media. It clarifies that advice from officials or advisers given to support parliamentary

Mr David Parker, MP

business is part of parliamentary proceedings and…protected by absolute privilege”.

Referring to the effective

NEW ZEALAND repetition rule established by the Privy Council decision in Buchanan v Jennings, he said that the Bill would “make explicit that a statement made during parliamentary proceedings is protected by absolute privilege and may not be used to determine criminal or civil liability in respect of a statement made outside Parliament”.

Further, he said that the Bill “confirms that…rebroadcasts of Parliament are…protected by absolute privilege as if they were live broadcasts, so long as they are made by order of, or under the authority of, the House”.

However, qualified privilege still applies to reports and summaries of parliamentary proceedings, to “protect fair reporting on Parliament while allowing someone who has been defamed an opportunity for redress.”

Hon. David Parker, MP, (Labour) said that “the public interest in politicians being free to speak their minds and, within the confines of parliamentary proceedings, to accuse people who may be corrupt or incompetent of corruption or incompetence is more important than the private interests of the people who may feel that they are being defamed. There are some matters of contest between the courts and Parliament where there will always be a grey area in the middle, and…there will be this sort of push by the courts sometimes and a push back from Parliament as we sort out where the line properly lies. The only way to avoid those areas of grey is to try to codify and define them. [However,] the risk that we would give over to the courts future interpretation of that code in itself poses dangers that are best avoided”.

Mr David Clendon, MP, (Green Party) told the House that parliamentary privilege “is a power that we as MPs ought to use with the utmost responsibility and with the utmost discretion.

We toy with it at our peril”. Mr Denis O’Rourke, MP, (New Zealand First) said that Members must “ensure that what they say in Parliament is accurate and reasonable. But it is not for the courts to test that. [It] is a matter for Parliament, and for Parliament alone. Without such immunity… it will be our democracy that suffers”.

Dr Pita Sharples, MP

Hon. Trevor Mallard, MP, (Labour) said that “there are lots of cases that we get as local MPs where we should have the right to freely and openly criticize people without fear of facing a defamation action. In the end we will face the electorate, and will face adverse consequences from the electorate if we get it wrong”.

The Bill passed its first reading unanimously on 11 December 2013 and was referred for select committee consideration.

Haka Ka Mate Attribution Bill “When it comes to a unique defining cultural symbol that sets New Zealand out from the rest of the world, it is not surprising that the rest of the world thinks of one word: haka [posture dance],” Hon. Dr Pita Sharples, MP, (Māori Party) said at the third reading of the Haka Ka Mate Attribution Bill. He added “it is not surprising that the haka New Zealanders know and are known for above all others is a haka like no other. It is a triumphant, defiant celebration of life over death: Ka mate, ka mate ka ora, ka ora!”

The Bill acknowledges the warrior chieftain Te Rauparaha as composer of the haka and the significance of Ka Mate to his iwi [tribe], Ngati Toa Rangatira, and recognizes that Ngati Toa Rangatira hold the right of attribution.

Dr Sharples said: “Nearly 200 years later the words of Te Rauparaha resound through the generations. From this day on the Crown acknowledges and recognizes the significance of Ka Mate as a taonga [treasure], as an integral part of the history, culture, and identity of Ngati Toa Rangatira. What pleases me is the impetus in this Bill, the Haka Ka Mate Attribution Bill, for those who perform Ka Mate to do it properly.”

Ms Louisa Wall, MP, (Labour) said: “I think that warrior spirit has to be acknowledged because it is that fighting spirit that endures today when we look at the performance of our haka that our All Blacks, who define us internationally within a sporting context, perform.”

Ms Denise Roche, MP,

Ms Denise Roche, MP

(Green Party) noted that “the Haka Ka Mate Attribution Bill will…be passed today, to ensure that the intellectual property rights of the iwi are acknowledged”.

The Minister for Treaty of Waitangi Negotiations, Mr Finlayson, described the legislation as “the very first

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NEW ZEALAND tentative step by the Crown towards recognition of traditional cultural expressions. Through

Hon. Judith Collins, MP

this settlement the Crown acknowledges the significance of Ka Mate as an integral part of the history and the culture and the identity of Ngati Toa, [who] as kaitiaki [guardians] of the haka… have sought to protect the haka from culturally inappropriate and offensive use”.

The Haka Ka Mate Attribution Bill, which passed with unanimous support on 17 April, was one of several Bills passed between February and April settling Treaty of Waitangi claims by Māori in parts of Waikato, Hawke’s Bay, Eastern Bay of Plenty, and the top of the South Island: Raukawa Claims Settlement Bill, MaungaharuruTangitū Hapū Claims Settlement Bill, legislation formerly part of Ngā Punawai o Te Tokotoru Claims Settlement Bill, and other legislation formerly part of Te Tau Ihu Claims Settlement Bill.

Electoral Amendment Bill The Electoral Amendment Bill, which enjoyed unanimous support at its first reading in September 2013, implements a number of recommendations made by the Justice and Electoral Committee following its inquiry into the conduct of the 2011 general election and the relevant statutory and regulatory framework.

The select committee, which

comprises Members from across the major parties, conducts such inquiries after every general election.

Introducing the Bill’s first reading, the Minister of Justice, Hon. Judith Collins, MP, (National) said that the Bill would implement 11 of the select committee’s 32 recommendations that could be “practically implemented in time for the next election”.

The Bill would “update our electoral law and improve the already strong integrity of our electoral system, improve services to voters, candidates, and parties, and improve efficiency through greater use of technology”.

transpired, and with the Minister’s unwillingness to reinstate clauses that were deleted, we see a Bill on electoral procedure that will

Hon. Phil Goff, MP

advance the interests only of those for whom it is already easy to cast a vote.”

The Chair of the Justice and Electoral Committee, Mr Scott Simpson, MP, (National)

countered: “Listening to Members of the opposition, one could be forgiven for thinking that EasyVote cards were somehow going to be removed…when in fact…the status quo for EasyVote cards will continue and will be maintained.” He said that the unanimous view of the select committee was that “to extend the use of EasyVote cards would have lowered the threshold for potential fraud”.

Labour member Hon. Phil Goff, MP, however, pointed out that according to the select committee’s report “electoral fraud is dealt with efficiently and is very rare, at 0.01 percent”.

The Bill passed its third reading on 18 March 2014 by a majority of 65 votes to 55.

As announced by the Prime Minister on 10 March, the next general election is to be held on 20 September 2014.

THIRD READING: NEW ZEALAND Hon. Maryan Street, MP

The new measures included provisions for full online enrolment and greater use of voter identification (EasyVote) cards during the voting process.

However, these provisions were removed, on the recommendation of the select committee, at the second reading on 13 February.

Opposition parties who subsequently failed to reinstate the expanded EasyVote card provisions at the Committee of the whole House stage of the Bill opposed the third reading on 13 and 18 March.

Hon. Maryan Street, MP, (Labour) said: “This should have been a piece of legislation that was agreed on by the whole House. It could have been that.

But now, with the way it has

The Sullivan Birth Registration Bill A rare private Bill, the Sullivan Birth Registration Bill, had its third reading on 9 April 2014.

There have been only 17 private Bills enacted in New Zealand since 2000, none of which are for individuals.

The Sullivan Birth Registration Bill allowed for British-born Rowen Sullivan to have her birth mother—a British citizen who died in 2010— and her birth mother’s New Zealand – born female partner both recorded on her post-adoptive birth registration entry. The law required that Rowen’s birth mother’s name be removed if her adoptive mother’s name was included, but Rowen wished for recognition of both her parents.

The Marriage (Definition of Marriage) Amendment Bill, which allowed same-sex couples to marry, became law in 2013. Afterwards Rowen Sullivan approached the Bill’s sponsor, Ms Louisa Wall, MP, about her unique situation.

As Mr Denis O’Rourke, MP, (NZ First) explained during the Bill’s third reading: “The desired solution would not be achievable without legislation…if Rowen had been born today, her parents could marry and both of them would be recorded on her birth certificate as a matter of course.”

Ms Wall said: “This Bill exemplifies why we have private Bills. It is about addressing the special circumstances of an individual situation that does not come under the general law.”

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INDIA

The creation of India’s 29th State The second part of the last and 15th Session of the 15th Lok Sabha was held from 5 to 21 February 2014. In this short period, the Lok Sabha passed the Vote on Account and not a fullfledged budget as the term of the House was nearing an end. The entire second part of the Session witnessed many charged scenes when several MPs from Andhra Pradesh protested against the government’s decision to create a new Telengana state by bifurcating the state of Andhra Pradesh.

The Andhra Pradesh Reorganization Bill, 2014 providing for the bifurcation of Andhra Pradesh, was introduced in the Lok Sabha by the Minister of Home Affairs, Shri Sushilkumar Shinde, MP, on 13 February 2014. While one group of MPs including ruling party members opposed the division, another group rose in support of the Bill.

The Speaker of Lok Sabha, Smt. Meira Kumar, named 16 MPs from Andhra Pradesh belonging to INC, TDP and YSR Congress, leading to their suspension for five consecutive sittings for creating disorder by coming into the well of the House and for persistently and obstructing its business. Under rule 374A of the Rules of Procedure and Conduct of Business in Lok Sabha, as and when any MP is named by the Speaker, the Member stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session,

Shri Sushilkumar Shinde, MP

whichever is less.

The Bill provided for the reorganization of the State of Andhra Pradesh and creation of a separate State called Telangana comprising 10 districts of Andhra Pradesh. As per the Bill, Hyderabad, the existing capital of Andhra Pradesh, would be the common capital of Andhra Pradesh and Telangana for a period not exceeding 10 years after which it would only be the capital of Telangana. It provided for constituting an expert committee by the central government to recommend a new capital for Andhra Pradesh.

The Governor of Andhra Pradesh would be the common Governor for both States for a period as determined by the President.

After the reorganization, Andhra Pradesh and Telangana would have 11 and 7 seats respectively, in the Rajya Sabha, while in the Lok Sabha, Andhra Pradesh would have 25 to that of 17 seats for Telangana. The total number of seats in the Andhra Pradesh Legislative Assembly

would be 175 and 119 in the Telangana Legislative Assembly.

The Governor might nominate one Member each from the Anglo Indian community, to the Legislative Assemblies of the successor states. The Legislative Council of Andhra Pradesh would have a maximum of 50 members, and 40 members for the Telangana Legislative Council.

The High Court at Hyderabad would be the common High Court for both states until a separate High Court for the state of Andhra Pradesh was constituted.

On 18 February 2014, Shri Shinde, moving the Bill for consideration of the House said the movement for a separate state of Telangana had a long and chequered history. He said the Telengana region within the existing state of Andhra Pradesh had a distinct political and cultural identity and the Bill sought to meet the democratic aspirations

Smt. Sushma Swaraj, MP

of the people of the region by reorganizing the existing state of Andhra Pradesh into two separate

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INDIA states. The Minister reassured the Members of the House that the government had tried its best to accommodate the concerns of all the stakeholders and mitigate the impact of the bifurcation of the state as much as possible. The central government, while drafting the Bill, had invited and received suggestions from the entire crosssection of the Andhra Pradesh society. The Bill considered all aspects of governance for both the successor states and necessary supplemental and incidental provisions relating to representation in Parliament and in the State Legislature, distribution of revenue, apportionment of assets and liabilities, management and development of water resources, power and natural resources, ensuring peace and harmony, addressing the development needs of backward regions and other matters.

The Leader of the Opposition in Lok Sabha, Smt. Sushma Swaraj, MP, (BJP), initiating the discussion, supported the Bill. She not only ensured her party’s support but would also ensure that it was passed. She mentioned that the Congress party had not managed to persuade its own MPs, its own Ministers and its own Chief Minister in Andhra Pradesh to support the creation of Telengana. She asked the Union Government to compensate Andhra Pradesh consisting of coastal Andhra and Rayalseema for the loss of Telengana.

The Minister of Science and Technology and Minister of Earth Sciences, Shri S. Jaipal Reddy, (INC) said the demand had been raised recurrently for the last 60 years. The decision for Telangana was taken on 9 December 2009 even though the demand was conceived by the UPA government as early as 2004. There had been no protest at the time from the Ministers from the Seemandhra Region

THIRD READING: INDIA The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2014 In India, the street vendors constitute an important segment of the urban population.

Street vendors are those who are unable to get regular jobs in the formal sector on account of their level of skills and education. Street vending provides a source of self-employment, and thus acts as a measure of urban poverty alleviation without major Government intervention.

Street vending also acts as an instrument to provide affordable as well as convenient services to a majority of the urban population.

Given the pace of urbanization and the opportunities presented through the development of urban areas, the growth of street vendors is likely to have an upward trend. It has been the considered view of Government that it is vital that these vendors are enabled to pursue their livelihoods in a congenial and harassment free atmosphere.

The government brought forward The Street Vendors (Protection of Livelihood and Regulation of Street Vending Bill).

The objective of the Bill is to protect the livelihood rights and social security of street vendors and regulation of urban street vending in the country and ensure uniformity in the legal framework for street vending across States and Union territories. Key terms of the Bill include: • “appropriate government” has been defined to mean: (i) A Union territory without Legislature, in case of the Central Government; (ii) The Union territories with Legislature, in case of the government of the National Capital Territory of Delhi or, as the case may be, the Government of Union territory of Puducherry; (iii) in case of State, the State Government; • “local authority” means a Municipal Corporation, a Municipal Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a civil area committee appointed under section 47 of the Cantonment Act, 2006 or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the “planning authority” which regulates the land use in that city or town.

• In Chapter II of the Act, regulations relating to street vending provide for: • Survey of Street vendors and protection from eviction or relocation; • Modalities of issue of certificates of vending; • Conditions for issue of certificate of vending; and • Categories to which certificates of vending and identity cards would be issued viz a stationary vendor; a mobile vendor or any other category as may be specified in the scheme.

• Chapter III of the Act provides for ‘Rights’ and obligations of street vendors. These include: • Every street vendor shall have the right to carry on the business of street vending activities in the vending zone allotted to them; • Where any area or space has been earmarked as a no-vending zone, no street vendor shall carry out any vending activities in that zone; and • Every street vendor who possesses a certificate of vending shall, in case of his relocation, be entitled for a new site or area as may be determined by the local authority, for carrying out his vending activities.

• Chapter IV contains provisions regarding ‘Relocation and Eviction of Street Vendors’. These include: • The local authority in view of public nuisance or obstruction of movement of general public caused by the street vendors, or for any other public purpose, relocate such street vendors in such manner as may be specified in the scheme; and • Where the local authority is satisfied that a street vendor has consistently failed to comply with their duties and obligations under the Act or the rules and the scheme made thereunder, it may evict such street vendor in such manner as may be specified in the scheme.

Provisions have also been made with regard to the prevention of harassment of street vendors; penal provisions and other miscellaneous provisions. During discussion on the Bill in Parliament, Members by and large viewed it as much needed legislation.

The Bill was passed by the Lok Sabha on 6 September 2013 and by the Rajya Sabha on 19 February, 2014. Certain amendments made by the Rajya Sabha were agreed to by the Lok Sabha on 20 February, 2014. The Bill as passed by both Houses of Parliament was assented by the President of India on 4 March 2014.

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© AFP Photos

PARLIAMENTARY REPORT

in the UPA Government. The government was able to take this important decision because of the resolve and commitment of Smt. Sonia Gandhi, the UPA Chairperson. He assured that there would be no discrimination in Telengana against any person belonging to the Seemandhra Region. Shri Sansuma Khunggur Bwiswmuthiary (BPF), supporting the Bill, sought the support of the government and MPs for the long-awaited demand for a separate State of Bodoland. This, he believed, would ensure the safety, security, honour and overall development of the Bodo people.

The Andhra Pradesh Reorganization Bill 2014 was passed in India to create its 29th state

Shri Shailendra Kumar (SP) strongly opposed the creation of Telangana as a separate state.

Shri Dara Singh Chauhan (BSP) stoutly supported the formation of Telangana as a separate state as it being a small state would generate a faster growth rate besides helping in augmenting administrative capacity. Prof.

Saugata Roy (AITC) was against the Bill and division of Andhra Pradesh. He believed that since states in India had been created on a linguistic basis, the creation of Telangana, which was not based on language, would destroy that basis.

For Shri Madhu Goud Yaskhi

(INC) the concerns of the people of Telangana were not merely economic or developmental, but were related to self-respect and justice. The Andhra Pradesh State had prospered under the guise of linguistic basis, while the Telangana region had been exploited. The people of Telangana had been discriminated against for too long.

He was pleased that Telangana was poised to see the dawn of freedom after more than six decades of strife. Shri Gurudas Dasgupta (CPI) supported the Bill and said the concerns of the people of Seemandhra must be addressed including

the management of river water resources. While Shri Sudip Bandyopadhyay (AITC) wanted to know the reasons for creating a new state, Shri P.L. Punia, (INC) supported the reorganization.

Shri Suresh Kumar Shetkar (INC) viewed the formation of Telangana not as a division of the state of Andhra Pradesh but as simple demerger from an earlier merger. He stated it would end the exploitation of the Telangana region in regard to employment opportunities, education and resources. Several institutions should be established in Telengana to provide employment opportunities to

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INDIA the people of Seemandhra.

Shri Ponnam Prabhakar (INC) said the demand for a separate state of Telangana was genuine and democratic.

Division of the state would help to decongest Hyderabad and the decentralization of power, facilitating growth of other cities.

Dr Botcha Jhansi Lakshmi (INC) stressed that the ongoing call for a separate Telangana State was not an issue connected with development of the region.

This was because the Telangana region had accounted for a lion’s share of the incremental growth and development that had taken place in Andhra Pradesh post its formation in November 1956. She was of the view that a lasting solution might not be possible unless the concerns of all the three regions viz Andhra, Telangana and Rayalaseema were properly addressed. If the central government wanted to divide the state, it had to address three major issues: water sharing, revenue sharing and establishing institutions of higher learning in Andhra and Rayalseema regions.

Dr Kirit Premjibhai Solanki (BJP) and Shri Arjun Ram Meghwal (BJP) supported the creation of Telengana as a separate state and advocated for protecting the interest of Seemandhra.

Dr G Vivekanand (INC) was of the view that Seemandhra took away resources and employment opportunities which legitimately belonged to Telengana. The Bill as amended was passed by voice vote.

The Rajya Sabha passed the Bill on 20 February, also amid disturbances by a voice vote.

Intervening in the discussion, Prime Minister Dr Manmohan Singh announced the grant of special category status to the successor state of Andhra Pradesh comprising 13 districts for a period of five years to put the state’s finances on a firmer footing. He added that the resource gap that might arise

in Seemandhra after the state’s division in the first year would be compensated in the regular Union Budget for 2014-15. The Bill was passed by a voice vote and received Presidential assent on 1 March 2014.

The Chief Minister of Andhra Pradesh, Shri Kiran Kumar Reddy quit his post and primary membership of Congress party on 19 February 2014, protesting against the state’s division.

Following the resignation of the Chief Minister, the President’s rule was imposed in the state on 1 March 2014.

Last session of the 15th Lok Sabha The last sitting was held on 21 February 2014. Shri Shinde said the Lok Sabha took the lead in ushering social change by passing many important Bills.

Shri Mulayam Singh Yadav (SP) congratulated the Speaker for the way she had conducted the House with great patience. He stated that through democracy, members could develop warm relations despite their differences.

Shri Sharad Yadav (JD-U) offered that democracy allowed differences of opinions and not fostering ill-will for among members. Shri Chauhan hoped that several issues which could not be taken up in the House might be discussed in the coming years. Prof. Saugata Roy (AITC) thanked the Speaker for the gracious way in which she had conducted the House. Having seen the 15th Lok Sabha for five years, he felt that the members of the 16th Lok Sabha would have to consider how to make the functioning of the Parliament more effective. Shri T.R. Baalu (DMK) said even though the 15th Lok Sabha witnessed a lot of turmoil during sessions, it was not an affront to democracy.

Conflicts could be settled peacefully only in Parliament, the temple of democracy. Shri Basudeb Acharia (CPI-M) said

the House belonged not only to the ruling party but also to the Opposition and it could be run only with cooperation from both sides. Shri Bhartruhari Mahtab (BJD) thanked the Speaker for encouraging MPs to raise the voice of the people in the House, especially those of the downtrodden and the deprived.

The Minister of Agriculture and Minister of Food Processing Industries, Shri Sharad Pawar, (NCP) informed the House that India had become the largest exporter of rice in the world

besides being the second largest exporter of wheat, sugar and cotton.

The veteran CPI member, Shri Gurudas Dasgupta, observed that the credibility of the Parliament must be restored in the eyes of the people who had been closely watching the functioning of Parliament and its members. Dr Raghuvansh Prasad Singh (RJD) said though several important Bills were passed in the 15th Lok Sabha, a lot of time was wasted due to the disruption of proceedings

THIRD READING: INDIA The Governors (Emoluments, Allowance and Privileges) Amendment Bill, 2014 As per the Governors (Emoluments, Allowance and Privileges) Act, 1982, the Governor is entitled to payments amounting to one lakh, ten thousand rupees per month.

However, the said Act does not provide for any pension or postretirement benefits to ex-Governors except medical facilities governed by the rules or orders issued by the Ministry of Health and Family Welfare.

Keeping in view the high constitutional office that a Governor holds and considering the contributions in public discourse that they would continue to make after they retire, it had been proposed to provide the secretarial assistance to appoint on reimbursement basis, during his/ her lifetime.

A view however had been they would not be eligible for such secretarial assistance for the period during which he is re-appointed to the office of Governor or elected to Parliament or the State Legislature

or appointed to any office of profit under the Union of a State Government. The Government accordingly moved the Amending Bill. Listed is one of the main amendments: In section 2 of the principal Act for existing sub clause (a) the following substitution was provided: • “ex-Governor” has been defined to mean a person who has been the Governor of a State or two or more States.

• “Governor” has been defined to mean the Governor or any person discharging the functions of the Governor of any state or two or more state.

The Amending Bill was broadly welcomed as a desired initiative by members of Parliament. The Bill was passed by Lok Sabha on 24 August, 2013 and by Rajya Sabha on 19 February, 2014. The Bill as passed by both houses of Parliament was assented to by the President of India on 4 March 2014.

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which did not go down very well with the people. He suggested providing more opportunities to MPs to raise problems of the people and wanted the government to be more accountable and the Opposition to be more constructive. Shri O.S. Manian (AIADMK), referring to the disruption of proceedings of the House on various issues, hoped that the 16th Lok Sabha would function smoothly. Shri S.D. Shariq (J&KNC) thanked the Speaker for maintaining the dignity of the House even during trying situations. He regretted that many good Bills could not be passed which would have been beneficial to the country.

Smt. Swaraj said when the history of the 15th Lok Sabha would be written, the Lok Sabha would be mentioned as the one having witnessed the largest

INDIA adjournments. However, the same Lok Sabha would also be remembered for having passed many important Bills. The essence of democracy was that MPs who opposed each other on the basis of ideology, policies and programmes were not enemies.

The Prime Minister joined the MPs in paying tribute to the Speaker for the manner in which she conducted the proceedings.

In parliamentary life, there were bound to be differences among parties but there must also be ways and means of finding pathways to move forward.

Referring to the next general election, he said the country was entering a phase where the people of India would once again have an opportunity to assess and pass their judgement on the performance, weakness and the achievements of the government.

THIRD READING: INDIA The National Institutes of Technology Science Education and Research (Amendment) Bill, 2014 The National Institutes of Technology Act, 2007 came into force on 15 August 2007. The Act was amended in 2012 and named as the National Institutes of Technology, Science Education and Research (Amendment) Act, 2012.

The Ministry of Human Resources Development, Government of India in December, 2007 communicated to the State Government of West Bengal that the Government of India decided in principle to upgrade Bengal Engineering and Science University – Shibpur, West Bengal to the Indian Institute of Engineering Science and Technology – Shibpur, West Bengal.

For these purpose it had been deemed necessary to bring the Bengal Engineering and Science Education and Research Act, 2007 and amend legislation, namely, the National Institute of Technology, Science and Research (Amendment) Bill, 2013.

The Government had accordingly brought forward the amending legislation to further amend the National Institute of Technology, Science and Research Act, 2007.

The Bill was passed by the Lok Sabha on 18 December, 2013 and by the Rajya Sabha on 19 February 2014. Certain amendments made

by Rajya Sabha were agreed to by the Lok Sabha on 20 February 2014. The Bill as passed by both houses of Parliament was assented to by the President of India on 4 March, 2014.

In her valedictory reference, Smt. Kumar said there had been many “soothing” as well as trying occasions. She said it had been an onerous duty to uphold the constitution and conduct the proceedings impartially as per the rules and conventions established by her illustrious predecessors. Despite all the shocks the House might have received, its strength never

Smt. Meira Kumar

weakened. She saluted the people of India for keeping democracy vibrant and dynamic.

The House had been entrusted with the responsibility of reflecting the collective will of the people and deciding their destiny.

This was possible only when various issues were discussed and deliberated upon and effective legislations were brought for the wellbeing of the people, especially when the issues impacted the lives of the poor and the marginalized, the scheduled castes and tribes, minorities, women and children. She therefore, always encouraged each and every member, especially those elected for the first time, to express their views.

While the participation of women members had considerably increased, Smt. Kumar said she would have liked more female participation.

Giving a brief account of the work done by the 15th Lok Sabha, the Speaker said many important Bills had been

passed by the outgoing House.

Significant among them was the Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2013; Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012; the Andhra Pradesh Reorganization Bill, 2014; and The National Food Security Bill, 2013.

Given that Parliament House was a heritage building, a Joint parliamentary committee had been constituted to maintain its heritage character. This committee gave its suggestions on the matters related to its durability, development and aesthetic value.

With a view to reducing carbon emissions, solar panels were installed and the use of polythene was banned in the Parliament House Complex. Efforts were also being made to go paperless in the offices, while activities of the Parliament were being digitized.

New facilities for the disabled had been introduced to make the Parliament more accessible, while inscriptions in Braille for the visually challenged visitors had been added to the Parliament Museum.

The Speaker mentioned that frequent disruptions leading to adjournments during an entire session had troubled her. She wanted the chaos in the House to be replaced by irrefutable logic and thoughts.

A number of unexpected and untoward incidents had made the smooth conduct and business of the Lok Sabha difficult.

As the Presiding Officer, she had made sincere efforts to maintain the hallowed traditions of the parliamentary institutions and had discharged her responsibilities to the best of her abilities.

The Speaker strongly felt that the House was able to express the concerns of the voiceless and was an eternal source of strength for the vulnerable.

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THE CPA ORGANIZATION

CPA ORGANIzATION Commonwealth Parliamentary Association Executive Committee and Secretariat, and Commonwealth Women Parliamentarians Steering Committee

CPA Executive Committee PATRON: H.M. Queen Elizabeth II (Head of the Commonwealth)

VICE-PATRON: Rt Hon. Cavaye Yeguie Djibril Speaker of the National Assembly, Cameroon

Officers President: Rt Hon. Cavaye Yeguie Djibril (Speaker of the National Assembly, Cameroon) Vice-President: VACANT Chairperson of the Executive Committee: Rt. Hon. Sir Alan Haselhurst, MP (United Kingdom) Vice-Chairperson of the Executive Committee: Hon. Ronald Kiandee, MP (Deputy Speaker of the Parliament of Malaysia ) Treasurer: Hon. Marwick Khumalo, MP (Swaziland) Chairperson of the CWP: Rt Hon Rebecca Kadaga, MP (Speaker, Parliament of Uganda)

Hon. Dr Benjamin Bewa-Nyog Kunbour (Minister for Parliamentary Affairs and Majority Leader, Ghana) Hon. Sheku Badara Basiru Dumbuya, MP (Speaker of Parliament, Sierra Leone) Hon Nomaindia Cathleen Mfeketo, MP (Deputy Speaker, National Assembly, South Africa)

BRITISH ISLANDS AND MEDITERRANEAN Deputy Michael George O’Hara (Minister of Culture and Leisure, Guernsey) Dr Roberta Blackman-Woods, MP (United Kingdom) Hon. Carmelo Abela, MP (Malta)

Hon. (Rtd.) Maj. Gen. Moeng R Pheto, MP (Botswana)

CANADA ASIA Hon. Rana Muhammad Iqbal Khan, MPA (Speaker of the Provincial Assembly, Punjab, Pakistan) Hon. Abdulla Shahid, MP (Speaker , The People’s Majlis , Maldives)

Hon. Gene Zwozdesky, MLA (Speaker of the Legislative Assembly, Alberta) Mr Russ Hiebert, MP (Canada) Hon Ross Wiseman, MHA (Speaker of the House of Assembly, Newfoundland and Labrador)

Regional Representatives

Hon. Chamal Rajapaksa (Speaker of Parliament, Sri Lanka)

AFRICA

AUSTRALIA

Hon. Elijah Okupa, MP (Uganda)

Hon. Barry House, MLC (President of the Legislative Council, Western Australia)

Sen. the Hon. Chief Letapata Makhaola (President of the Senate, Lesotho)

Mrs Vicki Dunne, MLA (Australia Capital Territory)

CARIBBEAN, AMERICAS AND ATLANTIC

Hon. David Buffet, AM, MLA (Speaker of the Legislative Assembly)

Dr the Hon. Kendal Major, OBE, MP (Speaker of the House of Assembly, Bahamas) Hon. Hendrick Alexander, OBE, MP (Speaker of the House, St Vincent and the Grenadines)

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THE CPA ORGANIZATION

Hon Teresina Bodkin, MP (Speaker, Montserrat)

CPA Regional Secretaries

CANADA

AFRICA Dr Thomas Kashililah (Parliament of Tanzania)

CARIBBEAN, AMERICAS & ATLANTIC Ms Heather Cooke (Parliament of Jamaica)

Mr Blair Armitage (Parliament of Canada)

INDIA Hon. Kiyanilie Peseyie, MLA (Cabinet Minister, Nagaland) Shri Prem Das Rai, MP (India) Hon Nadendla Manohar, MLA (Speaker of the Legislative Assembly, Andhra Pradesh)

PACIFIC Hon. Ludwig Scotty, MP (Speaker of Parliament, Nauru) Lord Fakafanua (Speaker of Parliament, Tonga)

ASIA Mr. Md. Ashraful Moqbul (Parliament of Bangladesh) AUSTRALIA Mr Tom Duncan (Acting Honorary Regional Secretary Parliament of the Australia Capital Territory) BRITISH ISLES & MEDITERRANEAN Mr Andrew Tuggey (Parliament of the United Kingdom)

INDIA Shri P. Shreedharan (Parliament of India) PACIFIC Mr Steve Cutting (Parliament of New Zealand) SOUTH-EAST ASIA Mrs Roosme Hamzah (Parliament of Malaysia)

CPA Secretariat Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org Secretary-General: Dr William F. Shija Director of Programmes Ms Meenakshi Dhar Director of Finance and Administration Mr Joe Omorodion

Ms Moana Mackey, MP (New Zealand)

SOUTH-EAST ASIA Dr Lam Pin Min, MP (Singapore) Hon. Ronald Kiandee, MP (Deputy Speaker, Malaysia)

A full listing of the CPA Branch Directory can be found at: www.cpahq.org.

Hon. S.K Devamany, MP (Speaker of Legislative Assembly, Perak)

Commonwealth Women Parliamentarians: Steering Committee PRESIDENT TBA (Cameroon)

ASIA Hon. Sagufta Yasmin, MP (Bangladesh)

CANADA Ms Myrna Driedger, MLA, (Manitoba)

CHAIRPERSON Rt. Hon. Rebecca Kadaga, MP (Speaker of the Parliament, Uganda)

AUSTRALIA TBA (Australia)

CARIBBEAN, AMERICAS AND ATLANTIC Hon. Glenys Hanna-Martin, MP (Bahamas)

AFRICA Hon. Lucia Witbooi, MP (Namibia)

BRITISH ISLANDS AND MEDITERRANEAN Ms Patricia Ferguson MSP (Scotland)

INDIA Smt Chandresh Kumari Katoch, MP (India) PACIFIC Hon. Elizabeth Burain, MP (Bougainville) SOUTH-EAST ASIA Ms Ellen Lee, MP (Singapore)

138 | The Parliamentarian | 2014: Issue Two

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A CPA Publication: The Budget Process Available to Members and Officials of the CPA for purchase from the CPA Secretariat.

Also available to members of the public from booksellers

SUITE 700, 7 MILLBANK, LONDON SW1P 3JA p: (+44 20) 7799 1460 | f: (+44 20) 7222 6073 e: hq.sec@cpahq.org WWW.CPAHQ.ORG

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A CPA Publication: African Parliamentary Reform

Available to Members and Officials of the CPA for purchase from the CPA Secretariat.

Also available to members of the public from booksellers

SUITE 700, 7 MILLBANK, LONDON SW1P 3JA p: (+44 20) 7799 1460 | f: (+44 20) 7222 6073 e: hq.sec@cpahq.org WWW.CPAHQ.ORG

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CPA SHOP CPA pens

Silver-plated photoframe, clock and pen in holder

CPA silver-plated cardholders

CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom

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To subscribe to The Parliamentarian, please email pirc@cpahq.org.

Members of Parliament: Please contact your Branch Secretary.

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