REINVENTING GOVERNMENT IN THE PACIFIC REGION: EXCHANGE AND TRANSFER INNOVATIONS FOR TRANSPARENT GOVERNANCE AND STATE CAPACITY

Transcription

1 REINVENTING GOVERNMENT IN THE PACIFIC REGION: EXCHANGE AND TRANSFER INNOVATIONS FOR TRANSPARENT GOVERNANCE AND STATE CAPACITY FEBRUARY 2006, NADI, FIJI BUILDING TRUST THROUGH PARLIAMENTARY SELECT COMMITTEES IN FIJI BY HONOURABLE KRISHNA DATT In this discussion paper, I wish to offer the working of Parliamentary Select Committee in Fiji as an innovation designed to develop trust in a plural society through active engagement of the public in the legislative programmes and through more meaningful engagement of members of parliament from opposing political parties in a much more transparent manner. I wish to first of all sketch briefly the historical context in which the concept of sector committee was adopted. In this section, I intend to explore how sector committees were envisaged to break the protagonist model of parliamentary debate, which, given the continued provision for race based constituencies and communal voting tends to take on an ugly racial divide. I then intend to briefly examine how it has been working, particularly in establishing trust through transparent governance. In the first part I wish to examine some of the shortcomings and how the process might be further strengthened. I have left it to my colleagues to assess whether from 1 the Fiji experience there is any transfer value to other societies. * The views expressed in this paper are those of the author and do not necessarily represent those of the United Nations or its Member States.

2 Historical Committees have always existed in the Fiji Legislature. It carried out specialised work given out by the Parliament with clear terms of reference. Under both the 1970 and 1990 Constitution of Fiji, committees were provided for in the Standing Orders of the House. These committees had to do mostly with regulating the affairs of the House and dealing with Public Accounts. The 1997 Constitution of Fiji was to change all this. Section 74 (3) (4) and (5) of the Constitution provides as follows: (3) The House of Representatives must, under its rules and orders, establish not less than 5 sector standing committees with the functions of scrutinising Government administration and examining Bills and subordinate legislation and such other functions as are specified form time to time in the rules and order of the House (4) Ministers are not eligible for election to sector standing committees of the House of Representatives. (5) Each House of the Parliament may make rules and orders with respect to: (a) (b) the way in which its powers, privileges and immunities maybe exercised and upheld; and the order and conduct of its business and proceedings either separately jointly with the other House. Why was this provision made? An attempt to answer this will throw some light on the characteristics and rationale for the existence of the Sector Committees. -2-

3 The military coup of 1987 had polarized the Fiji community in their own racial enclaves, each viewing the other with distrust. The 1990 constitution which was unilaterally imposed by the military junta at the time, had one redeeming feature. It required Fiji Parliament to work on a new democratic constitution. A Commission popularly referred to as the Reeves Commission named after the Chairperson, Sir, Paul Reeves, a former Governor General of New Zealand. The Reeves Report (1996) amongst many other recommendations for a united future for Fiji made several innovative recommendations. Two of these innovations relate to the establishment of participatory government. The first was by recommending a multi party cabinet and the second was the creation of sector standing committees. The Joint Parliamentary Select Committee (JPSC) of Lower and Upper Houses consisting of members from all political parties in the House was tasked to negotiate a Constitution using the Reeves Recommendations as a basis. On the multi-party cabinet the JPSC made some changes to the recommendations but accepted the rationale and features of the Sector Standing Committees as recommended in the Reeves Commission. Nature and Functions of Sector Standing Committees A Sector Select committee is concerned with particular area of Government policy and administration. All departments and government agencies fall within the purview of a sector standing committee. The Commission adopted the view expressed in their visits to South Africa and New Zealand that a strong standing select committee system enables Parliament to exercise a measure of influence and control over the executive in a way that is not otherwise possible when the Government has a majority in the House (Reeves Pg 382). -3-

4 The Commission also saw this as a way of involving all backbenches in the decision making process. It would involve members of all ethnic communities. The work of the committees are carried out in a nonpartisan basis. This mitigates the adversarial nature of the West Minister system. An effort is made in the committee to develop consensus. There is no provision for a minority report. The Committees The Commission had recommended five committees but the JPSC added Justice, Law and Order. The following standing Select committees are in existence: Economic Services Social Services Natural Resources Foreign Relations Administrative Services Justice, Law and Order Functions The commission had identified two major functions. The first is a systematic scrutiny of all areas of government activity, the second is the legislative function of considering all Bills referred to them by Parliament, hearing submission on them from members of the Public and reporting them back to Parliament with the amendments recommended by the committee. In the scrutiny function, the commission noted that it could include the following: Examining the estimates of expenditure prepared by departments and other government agencies; Financial reviews of departments; -4-

5 Reviews of regulations and other subordinate legislations made under the authority of Acts administered by departments; Reviews of the performance and current operations of statutory bodies; Follow-up and in-depth inquiries into particular matters; Reviews of State-owned enterprises; Reviews of audit reports and the responses made to them; In-depth policy enquiries (Reeves 1996, Pg 384) It was expected that in these ways the Committees should be able to make a major contribution to Government policy-making and accountability. In carrying out its legislative function every Bill was to be referred to a Sector Committee unless there was urgency. The main aspect of the work was to hear submission from the public from those who are most likely to be affected by the Bill. This had not happened on this scale on a regular basis before the 1997 Constitution. Membership and Procedures for Sector Standing Committees All backbenches from all sides of the House are to be members of at least one committee. Ministers and Assistant Ministers can attend but do not have any voting rights, if it ever comes to that. Part II of the Standing Orders (1999) of the House provides for the Establishment, functions, powers, durations, composition appointments, procedures and presentations of report (see Annex 1) Major Benefits to Fiji s Parliament In the context of Fiji s multi-culturalism, a racially divisive politics inherited from Colonial days, bi- partisan approach to national issues provides a constructive and meaningful way to deal with national -5-

6 issues, while at the same time helping to bridge the racial divide and establishing trust. The sector standing committees provide this forum. In the context of the Constitutional provision for a multi-party cabinet, the committees have helped reduce adversarial approach on the floor of the House to a non-confrontational environment in the sector committees. While the multi-party cabinet provision in the Constitution has not worked so far, the Sector Committees have been working in breaking down barriers of distrust, in very much the ways in which Reeves Commission and the JPSC has envisaged. In their public consultation, the committees get to be seen as bipartisan, racially mixed, specialist group, listening to people in a convivial atmosphere. This also has done wonders for democratic participation and for creating positive images for national unity and race relations. In the least, work at Sector Committee level has increased the understanding of member s knowledge of the Bills before them. In a collegial atmosphere learning has been easier, questions from members reflect a non partisan approach, the executive is called to greater accountability by the members. Members reflect greater confidence in dealing with Bills and use parliamentary debating time in a much more informed manner. The stake holders feel part of the legislative process. Some even hire experts to represent their views. NGO s find that they can now vent their frustrations to a committee which will draw the attention of Parliament to the issues raised. Members of the Public who wish to raise matters of concern to them, often not so directly related to the Bill under discussion, are now able to do so. Sometimes a problem so raised by a member of the public is relayed directly to the officer responsible in the Ministry and a speedy answer is provided. -6-

7 In as far as Governance is about participation, Sector Committees have helped widen the scope of participation by stakeholders, NGO s and the odd individual who wants to make a contribution. The committee operations are much more transparent. Bills no longer just appear from the Cabinet and proceed through the House going through with a majority in both the Houses. It is made much more transparent by the scrutiny carried out by the Sector Committee. The stakeholders appear to place more confidence and trust in the Sector Committees. Breaking down barriers of distrust amongst members of the committees has proved extremely useful both in helping to understand the work before them, an increased awareness of their responsibility to Parliament and to the people of Fiji, a sense of finally getting a control over the Executive, seen very clearly when the Ministry responsible for a Bill is called before the Sector Committee. Frustrations of the System It has to be acknowledged at the outset that work of sector committees is new to Fiji. How it regulates its affairs is evolving. There are still areas in which the Sector Committees will have to develop greater efficiency and relevancy and to be continuously mindful of the criticism that a sector committee is on a jaunt round the country. The committee work is still finding its feet. As part of its work, the committee on Economic Services has for the first time for any committee, commissioned an impact study of the maternity leave provisions of the Employment Relations Bill, on the Garment Industry. It demonstrates the desire by committees to complement their public findings with some empirical studies. Within the Committees, this is a new direction. Some committees have worked extremely well and reports before the House indicate clearly that effort has been put into developing consensus. There are little signs of pressure from party whips to take a -7-

8 predetermined line. This is not to deny that in some areas some subtle forces remains at work but these have not caused major divisions in the committees. Some close research needs to be done on Governments response to Sector Committee reports. In some cases, as in the Family Law Bill, some major changes recommended by the Sector Committee were adopted by the Cabinet. Its greater significance at this stage appears to be in the extent to which the recommendations are taken into consideration when the regulations on each of the Act is drawn after the passage of the Bill. The Sector Committees would still need to follow up on this. Some of the other frustrations of the Committees remain: Commitment by Governments that committees are important experience demonstrates that Governments tend to view committee referral as a hindrance. Resourcing of Committees well equipped and trained staff to put ideas together, effectively and properly. Building capacity of members to deal with Bills and issues - listening, reading, writing skills - ability to ask relevant and pertinent questions - interview skills etc Continuance of a belief to tow a party line in committees. Parties will have to loosen up. Cabinet to take recommendations more seriously and take time out to respond. Not all Bills are referred to committees Sometimes committees are not given sufficient time to complete. There is a tendency by members to leave committee work to a few and others get-away doing very little. Strategies have top be devised to involve all members. -8-