Geneva Centre for the Democratic Control of Armed Forces (DCAF) Parliamentary Oversight mechanisms and models TEODORA FUIOR Definition and functions The review, monitoring and supervision of government and public agencies, including the implementation of policy and legislation – To detect and prevent abuse, arbitrary behaviour and illegal action – To hold the government to account on how the public money is used – To monitor the achievement of goals set by legislation and government’s own programmes – To improve transparency and enhance public trust 2 WHO plays a role? External Actors Civil Society Independent bodies Judiciary Parliament Executive Security Forces 3 HOW to oversee? • • Proactive (police patrols) – Committee own initiative: to detect, to remediate, to discourage, to prevent – Formal reporting requirements, visit sites, hearings of officials or independent experts – Continuous and organized Reactive (fire alarms) – Committee reacts to media revelations, complaints, wrongdoings: to correct, to sanction – Hearings and inquiries 4 WHEN to oversee? 1. Formulation 4. Evaluation Ex-post facto Policy cycle Ex-ante facto 2. Approval 3. Execution 5 WHO oversees? • Government party (Intra-party relations) • Opposition (Inter-parties relations) – Ensure access to oversight mechanisms: committee leadership, initiation of inquiries, initiation of motions 6 Types of parliamentary oversight How? Proactive Reactive (police patrols) (fire alarms) When? Ex Ante Ex Post Who? Intra-party (government party) Inter-parties (opposition) 7 Types of parliaments Strong legal Weak legal powers powers Many resources TRANSARENA FORMATIVE Little resources EMERGING RUBBER STAMP 8 German Bundestag Transformative Parliament - strong legal oversight powers, high ability for oversight Defence committee – based on Constitution – Inquiry powers, subpoena powers – Approves procurements > 25 m. Euro Parliamentary Commissioner for the AF Parliamentary Control Panel; G10 Budget Committee – “qualified freeze” Prior Approval sending troops abroad Access to classified information 9 Romanian Parliament Transition Parliament: strong legal oversight powers, low ability for oversight • Approves Security Strategy and White Paper of Defence • Intense legislative activity • Defence committee – Wide mandate: all security sector agencies – MPs vetted to get security clearance • Committees for intelligence oversight • Prior approval for coalition operations • Budget Law approval 10 British Parliament Arena Parliament: Weak legal oversight powers, high ability for oversight • • • • Questions and Answers sessions Lively parliamentary debates No approval for sending troops abroad Control over budget execution: National Audit Office • Access to classified information given upon the consideration of Government • Committees influence politics through public reports and recommendations • Strong parliamentary research services 11 DCAF IPU Handbook • DCAF IPU Handbook on Parliamentary Oversight of the Security Sector www.dcaf.ch 12