Round table: “ Parliament and the Good Governance Principles:
Organization and Operation of Parliament and Committees”
Belgrade 20th of October 2006
Work of committees in Parliament
by André Kvakkestad
Why Committees in the Parliament?
There is nobody that manages to have the total knowledge about everything that passes thru
parliament during one session. That allocates a need for specialisation among
parliamentarians. To get a deeper knowledge about political topics and to be able to contribute
and influence laws, decisions and budgets one usually finds it useful to divide the parliament
into working groups or committees.
How committees are organised differs form parliament to parliament. The most important
thing is off course the committee get a structure that functions bought for the majority and for
its opposition.
Usually the committees are used to gather information and to deliver opinions and
recommendations to parliament before parliaments make its final decision.
The membership of committees differs from parliament to parliament.
In Norway a parliamentarian is a member of one committee only. In Denmark one can be a
member of multiple committees. In Sweden they also have a system where a member of one
committee can be a substitute member of another committee.
Participation in the work of the committees is an integrated part of the work of parliament. In
some parliaments absentee form the committee is regarded as absentee from the work of the
parliament.
An important thing is who takes part in committee meetings.
Off course the parliamentarians that are members of the committees can take part. At the
same time a secretary to write the protocol and so one is useful. Others attending the work off
the committee have to be based on the rules made by the parliament. One can say that the
more people attending the meetings the less negotiation and work is done inside the
committee. One can discuss whether or not it is useful to let a member be able to be
represented by someone if one can not attend the meeting themselves. Then this ought to be
solved by some kind of substitute membership of the committee. This then would inflict on
the question of needing a quorum.
When it comes to ministers’ possibility to be present in committee meetings, it has to be on
invitation by the committee. In Norway the committee can only invite a minister about
concrete issues that they have on their working agenda. The committee on constitution and
control has a more open agenda, and can be more flexible when needed. But no one other then
members and the secretary can be present without an invitation.
Quorum
For a committee to elect its leader and to make decisions and recommendations they need to
be in quorum. The number needed also differs from parliament to parliament, but at least 50%
of the members have to be present. Either one is present or one is not. To call someone on the
phone so that they take part might be possible, but have to be used very carefully. If someone
is present in the room it aught to be clear that they are taking part. Only to be present and not
wanting to have it in the protocol is not according to democratic principals. A protocol shall
reflect up on the situation as it was.
If one can’t acquire at quorum the process comes to a hold. Then a new meeting would be
necessary. If members of a committee uses the lack of quorum as a mean to block the process
a possibility will be that the parliament decides to bring a law forward without a
recommendation from the committee. This unable a good process and does it difficult for the
opposition to have a written statement together with an alternative proposition.
When it comes to ordinary work as internal decisions and gathering of information a quorum
is hardly needed. This is due to the fact that there have to be a difference between discussing
and gathering of information on the one hand, and the committees’ final recommendation on
the other.
Usually committee meetings are closed meetings.
That means that nobody outside should attend meetings unless there is a specific reason for
them to be there. Reasons can be that the committee wants to gather information on topics
they are handling and that the information ought to stay within the committee.
There can be different parties that might try to find compromises. This possibility might
depend on the bases that parties are not to be met with what happened in the negotiations later
if they don’t manage to reach an agreement. The knowledge of not being lured into something
that you don’t manage to get out of often gives a lager flexibility and possibility for good
results.
If the committee wants information that can be openly shared, one can use open committee
hearings.
Open hearing
An open hearing is a good way to gather information. This also makes the parliament able to
be more open towards the society. Openness usually also makes a lager trust in the public
regarding the work towards the final result. Greater trust then again creates lager credibility.
To decide on holding an open hearing one needs a quorum in the committee, but when
decided up on, one do not need a quorum to start the hearings. This is for respect to the
invited gests. If one does not want information, it does not give one the right to exclude others
from getting it.
There are different ways to organise open hearings. A major concern is to have as many views
as possible represented. On sometimes find it impossible to include everyone that wants to
take part. In such a case one need to find a practical approach.
For an institution or organisation to put forward their main objectives they hardly need more
then 20 to 30 minutes. That also should include questions from the parliamentarians. This
gives a possibility to lend an ear to a greater number of participants. When I was a
parliamentarian an open hearing could last from 2 hours until 2 full days, everything
depending on the topic. Hearings regarding the annual budget usually took a day or two.
One thing that is important is to be clear on the fact that it is the committee that are hosting
the event. That also indicates that an open hearing is used to gather information, not to have a
debate within the committee or for the visitors to attack members of the committee.
Sometimes it becomes a problem when parts of the governmental body are invited to give
opinions on topics. This might be difficult for the minister responsible. Having the minister
invited to head the invited delegation might solve this. If the minister finds it unnecessary to
head the delegation, he can let the invited body head it selves.
Open hearing can also be used to question ministers on every issue that do not include state
secrets and things like that. Open hearing is often used before deciding on a vote of no
confidence.
The media have the possibility to be present together with the public as such on open
hearings. When using open hearings frequently, one can use the ordinary committee meetings
for internal committee matters.
Negotiations between party groups
An important part of the work inside a committee is the negotiations between the different
political groups. If the government does not have a majority in parliament the work in the
committees are crucial.
The possibilities to find compromises and to build different majorities do depend on trust and
cooperation. If one is not sure that statements and propositions made in a negotiation are
being kept within the committee, it makes it difficult to get a climate suitable for good
governing. I Norway the rule is that you can always inform about your own propositions, but
never leak out information on others propositions.
To get a good result the backing of the parliamentary groups are needed. When working on
important maters it is important to have a good dialog within ones one parliamentary group.
Then you can get certainty on the fact that an agreed compromise will be honoured also when
voted on in parliament.
In a situation where the committees do function, the results of the vote in parliament can be
read by the statement and proposition of the committee. Here the fractions have, on behalf of
their groups, put forward their position on all parts of the topic.
Committee documents
A committee document that includes comments and recommendations are useful when
wanting to clarify what the parliament in fact wanted. Here a majority can instruct how to
interpret their decisions. This is due to the fact that the fractions are spokespersons for their
parliamentary groups.
The possibility to go into the committees’ statements regarding their proportions is important.
Here the government can see how the parliament wants governmental founds to be allocated
if this has been commented. Even more important one can find comments from a majority in
parliament on how laws are to be used. Here the parliament can modify and clarify what
should or what should not be included under a specific code. One example can be to clarify
when to use community service or jail. A second example can be to clarify what is a family in
this specific context.
The opposition can also use this kind of committee statement document to show how they
would solve the issues. Here they can give at different way forward. Not only be against, but
also show that they do have constructive and better propositions that they can put into context.
Writing the committee document
Writing of opinions and recommendations takes a lot of time and effort. And then this has to
be put together in a way that is possible to read for others as well.
When it comes to the resume of a government proposal, a committee secretary ought to be
able to do this without any problem. Then the parliamentary fractions can concentrate on
politics and negotiations. Off course one have to be able to put forward ones principal views.
This ought to be done even if one makes a compromise.
I Norway every fraction themselves write there own comments and proposals. Off course the
members also do use their political staff of their group. Then the secretary of the committee
put it into the committee document. Then what is the majority comes first and then the
minorities afterwards. In Sweden the committees have secretaries that also do some of their
writing for the different fractions. Then you have to have a good relation between the
secretariat and the different fractions. Regardless how one organise the work, all the fractions
have to have the same help and support from the parliaments staff.
Spokespersons of political parties
The specialisation that use of committees represent, makes it possible for parties to have
spokespersons regarding to different topics. Those spokespersons then can get at great
knowledge and respect when debating different issues. Media then know home to contact for
comments end debates. Debates with informed people also are more interesting for the public.
The knowledge gathered as a member of a committee are also useful if one becomes minister
with the same responsibility as in the committee. Committee members are also useful for their
parties when briefing members and people campaigning for the party. And off course, they
are a big asset when having political debates and meeting across the country.
Conclusion
The work of the committees in parliament is an important part of the work in parliament. It
can be used to give all the parliamentary groups a better knowledge on the different topics
that passes throw parliament. Having committees gives room for negotiations. The gathering
of information and contact with the press makes the parties able to have spokespersons with
knowledge and credibility amongst the people. Closed meetings can off curse keep the public
unaware of what is going on, but this is hardly a problem when the committee publicises
committee documents with their members’ comments and propositions. These documents can
then be used as tools for interpretation of laws and decisions given by parliament.
All together committees can be used to strengthen the role of parliament.