SPEAKER'S REPORT
TO THE
NORTHERN IRELAND ASSEMBLY BRANCH
OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION
ON THE
16TH COMMONWEALTH SPEAKERS' AND PRESIDING OFFICERS'
CONFERENCE,
KASANE, BOTSWANA 8- 13 JANUARY 2002
Introduction
1. I attended this Conference as an observer in my capacity
as Speaker of the Northern Ireland Assembly. I was accompanied
by my Private Secretary, Georgina Campbell.
Tuesday 8 January 2002
Delegates arrived in Kasane on the afternoon of 8 January. The Members of
the Standing Committee met at 4.30pm in the Conference hotel, the Mowana Safari
Lodge. The Standing Committee for the Botswana Conference was made up of the
Speakers and Presiding Officers from:
Botswana Bangladesh
Barbados Papua New Guinea
Tanzania India
Australia Canada
Singapore United Kingdom
Zimbabwe Kenya
St Vincent Grenadines
The remainder of the delegates had a few hours to settle at their hotels and
to recover from their journey.
3. That evening, delegates met at a reception at the Chobe Marina Lodge,
hosted by the Speaker of the Botswana Parliament, Hon Ray Molomo. This was an
excellent opportunity for delegates to renew old acquaintances and to make new
ones.
Wednesday 9 January 2002
4. The Official Opening Ceremony began at 9am on Wednesday 9 January in
a large marquee in the grounds of the Conference Hotel. Guests were entertained
by a very enthusiastic Police Band while they awaited the arrival of the Speakers,
Presiding Officers and the platform party. Mrs Connie Mompei, the Clerk of the
Botswana Parliament introduced the proceedings.
5. Formal proceeding began with the arrival in procession of the Speakers
and Presiding Officers resplendent in their robes. These ranged from the President
of the Tynwald in full robes, including black stockings, buckled shoes, a heavily
embroidered gown and a full wig, to the Speaker of the Nigerian Parliament,
a very tall man, who wore white calico trousers, a short matching smock and
a bowler hat!
6. The red carpet was then rolled out for the arrival of the His Excellency
the President of the Republic of Botswana, Mr Festus G Mogae, who was the guest
of honour. During his speech, President Mogae described the Commonwealth as
"a formidable force for public good ..capable of bringing together some
of the world's biggest and smallest states." He said that parliaments form
the cornerstones of the democratic process that have enabled the Commonwealth
to be at the forefront of enhancing democracy and good governance. President
Mogae said that the Conference offered delegates the opportunity to share experiences
and best practices across continents. Other speakers were Speaker Molomo and
Mr Neil Andrew, Speaker of the Australian Parliament.
7. In addition to the very splendid Police Band, delegates were entertained
by the Zebra Crime Prevention Choir who sang an anthem specially written for
the occasion. The composer managed to include the phrases "Speakers and
Presiding Officers", "good governance" and "buffalos, giraffes
and elephants"! It was interesting to note that feminism has not quite
made its mark in Botswana - the national anthem has a chorus which includes
the words:
"Awake, awake! O men awake
And women close behind them stand"!
8. A buffet lunch followed the Opening Ceremony at which the choir again
entertained guests. President Mogae joined the choir for a final very lively
song, following which he danced his way out of the hotel to his Presidential
limousine, followed by his bodyguards and the choir - all dancing!
9. After lunch it was down to work. The Opening Plenary consisted of:
- Chairperson's Opening Remarks
- Adoption of the Agenda for the Conference
- Election of two Vice Chairpersons
- Chairpersons Presentation of the 2001 Report of the Standing Committee on
the Standing Rules
10. In his opening remarks, Speaker Molomo made the following comments:
- The Speaker's Conference is a club, not a political organisation,
- There is a need to return to the stated aim of the conference. The conference
should not get entangled in international matters or comment on them. Nor should
it express sympathy for one side or the other in international conflicts, including
commenting on punitive measures against Saddam Hussein. He emphasised that
these are all matters for politicians, whereas Speakers are referees.
- The purpose of the Conference is to learn from each other about relations
with Members of Parliaments and Assemblies in order to ensure that the business
of the House is conducted with proper decorum.
11. The Agenda for the Conference was approved and the following were elected
as Vice Chairs of the Standing Committee:
- Speaker Siddiiqui of Bangladesh
- Speaker Pandor of South Africa (National Council of the Provinces)
12. The Report of the Standing Committee on the Standing Rules was formally
adopted.
13. Delegates divided into Ad Hoc groups for the remainder of the day to discuss
the following topics:
- Information Technology (papers presented by Namibia and Botswana)
- Parliament and the Judiciary (papers presented by South Africa and Mozambique)
- Parliamentary Education for Youth (paper presented by Australia)
- Role of the Speaker in Administration
- Challenges to the independence and relevance of Parliaments
- Reconciling the tensions between Speakers' political allegiances and their
duty of impartiality in presiding over the House
- Special Challenges faced by Speakers and Presiding officers since the 2000
Conference in Canberra
14. The day finished with a formal dinner hosted by President Mogae.
Thursday 10 January 2002
15. The morning and afternoon sessions consisted of the presentation of
papers and discussion of the reports of the Ad Hoc Groups. (Copies of the discussion
documents and Reports are available as indicated from John Ross on request.)
Some of the points emerging from the discussions were as follows:
Information Technology (Papers by Botswana and Namibia available on
request)
- IT is an important tool for increasing public participation (schools, community
organisations etc) allowing for enquiries and the submission of views on, for
example, legislation.
- IT allows the public in remote areas to maintain contact with the legislature.
- The provision of more and more information does not necessarily reduce voter
apathy in fact there is evidence that it can increase apathy amongst voters.
- Speed of response to queries, which the use of IT allows, is not always
necessary or desirable.
- Electronic voting reduces the valuable contact and communication between
Ministers and backbenchers which going through the lobbies provides.
- IT can result in information overload which should be avoided.
- There is no substitute for face to face contact.
Parliament and the Judiciary (papers from South Africa and Mozambique
available on request)
- One of the most important recent changes in South Africa was the move from
the supremacy of Parliament to the supremacy of the Constitution where the
application of law is now "without fear, favour or prejudice".
- The doctrine of supremacy is not always welcome to MP's in relation to the
Courts, but is welcome in respect of the Executive.
- The separation of the judiciary and the legislature is the best guarantee
of human rights so that Parliament makes laws and the judiciary applies it.
- Parliament is subject to the rule of law and should not be able to challenge
the decision of a Court.
- In Bowswana, the Courts can declare an Act of Parliament invalid and against
natural justice.
- In the UK, Hansard can be used by the courts to ascertain Government's intention
when explaining the provisions of an Act of Parliament (Pepper and Hart doctrine)
- In the UK, cases where proceedings are active should not be referred to
in a Motion.
- In Mozambique, Parliament is briefed annually by the Attorney General. Parliament
ratifies the appointment of the Chief Justice and elects one third of the Superior
Court of Magistrates.
- It is vital that the various organs of State respect each others' independence.
The position of the Speaker is crucial in maintaining the separation of powers
especially in preventing the intrusion of parliament by the executive.
Parliamentary Education for Youth (Papers from Australia and Singapore
available on request)
- There is a need to develop respect for Parliament and its procedures among
the public, especially young people. Interestingly the motif of the Botswana
Parliament incorporates the "strapline" "Our Parliament - Our
Pride".
- Politicians need to set a good example and not abuse privileges. They should
aim to perform their functions well.
- It is essential to raise the profile of Parliament amongst young people
through for example, publicity programmes, youth policy fora, youth civil groups,
youth councils, workshops, events, interaction between young people and politicians
etc.
- In order to ensure succession in politics and the preservation of parliamentary
democracy, it is essential to engage young people by placing youth related
issues on the parliamentary agenda and by expanding the channels of communication
between young people, parliament and politicians.
- Parliaments should organise induction programmes for young people interested
in entering politics.
- It is advisable for Parliaments and political parties to recognise the importance
of encouraging young people to become elected Members and so contribute to
the "renewal" process.
- Youth Parliaments are useful but are not sufficient on their own. Young
people must be encouraged to see politics as an honourable profession through
for example citizenship classes in schools, involvement with other countries
and links to other parliaments through IT facilities.
- Links can be forged with community groups and organisations such as Rotary
to help promote involvement in and engagement with parliament.
- Considerable work has been done in Australia and Canada and more recently
in Scotland, to encourage young people's interest and involvement in parliament.
This work is an excellent example to others and each of the Parliaments concerned
is very willing to offer help and advice in this area.
Role of the Speaker in Administration (No paper available)
- Some parliaments were experiencing problems with absenteeism. Others advised
that this had been addressed by, for example,
- requiring the leave of the Speaker for any absence;
- payment of members on attendance only;
- members losing their seats after three consecutive absences or after a
specified period of absence on the decision of the Speaker;
- all decisions requiring 50% attendance;
- making attendance records available to the public.
- In Malawi, the Speaker is elected by a simple majority but can only be impeached
by a two thirds majority. He must be allowed to defend himself. In Ghana the
majority in favour of impeachment must be two thirds of all members, not just
those voting.
- In Botswana, there must be a one third majority to allow a motion of no
confidence in the Speaker to be debated.
Challenges to the independence and relevance of parliament (Report
from ad hoc group available on request)
This paper was presented without discussion. The conclusion of the Group was
that maintaining and increasing the independence and relevance of Parliament
was a matter of major concern. Although some responsibility in this regard rests
with parliaments and individual parliamentarians, the majority of the responsibility
rests with the Speaker who must guard the parliamentary processes and represent
the parliament to the Executive. The aim should be to move to a position where
the real as well as apparent independence and relevance of the parliamentary
institution is applied.
Reconciling the tension between Speakers' political allegiances and their
duty of impartiality in presiding over the House (Report from ad hoc group
available on request)
- The question arose as to whether any individual assuming the office of Speaker
could be truly impartial. The consensus was that this was unlikely since it
would imply indifference and politicians are never indifferent!
- An important distinction was drawn between strict impartiality in terms
of political beliefs held and strict impartiality in terms of the application
of the rules of parliamentary procedure which the Speaker is required to interpret
and uphold.
- It was agreed that it is when Speakers cease to be perceived as impartial
and fair that their difficulties occur.
- It was agreed that positive perceptions of fairness can be enhanced by grounding
all decisions firmly in the rules and precedents governing the parliament;
ensuring that the parliamentary rationale for all decisions is clearly explained,
and by seeking opportunities to enhance the confidence in the Speaker which
the House has shown in selecting him or her.
Special challenges since the 2000 Conference (Report from ad hoc group
available on request)
Comments arising from this report related to problems which arose when a member
changes parties. In some parliaments this resulted in the members concerned
forfeiting their seats as a result of a Speaker's ruling. The issue of Members
sitting in seats which had not been allocated to them was resolved in some cases
by the Speaker not calling them to speak. Other parliaments experienced problems
when the Speaker was enjoined in disputes between parties; the Speaker was petitioned
by lobby groups to ensure that Members voted as they had promised; the Speaker
was expected to rule on the adequacy or relevance of a response to an Oral Question;
the release of information to the press before Members were informed; unparliamentary
language; the abuse of privilege.
16. In the evening, the Botswana Minister for Trade, Industry, Wildlife
and Tourism, the Hon T Seretse MP hosted a dinner for Speakers and Presiding
Officers, whilst officials were entertained to dinner by Mrs Connie Mompei,
the Clerk of the Botswana Parliament.
Friday 11 January 2002
17. This was devoted to sightseeing. It started at 5.30am with a game drive
and concluded with a trip across the border to Zimbabwe to see the Victoria
Falls. It was an excellent opportunity for informal discussions and networking.
The evening was free and Sir David Steele kindly invited Lord Alderdice and
his Private Secretary to dine with himself, Bill Thompson the Head of Chamber
Services in the Scottish Parliament, Lord Tordoff, the Chairman of Committees
in the House of Lords and Lady Tordoff.
Saturday 12 January 2002
18. The Closing Plenary consisted of:
- A presentation by the Secretary General of the Commonwealth Parliamentary
Association, Mr Denis Marshall on the work of the CPA.
- The discussion of the Report of the Standing Committee on the Standing Rules
and the election of the Standing Committee for the 2004 Conference which it
was agreed would consist of the Speakers from:
Bangladesh (Speaker Sircar) (Chair)
Botswana (Speaker Molomo)
Namibia (Speaker Tjitendero)
Ghana (Speaker Adjetey)
Mauritius (Speaker Rahman)
India (Speaker Balayogi)
New Zealand Speaker Hunt)
United Kingdom (Speaker Martin)
Canada (Speaker Milliken)
Dominica (Speaker Knights)
Vanuatu (Speaker Kalpokas)
Nauru (Speaker Scotty)
Singapore (Speaker Tan)
- The decision on the venue for the 2004 Conference which it was agreed would
be hosted by Speaker Jamir Uddin Sircar in Bangladesh in early January to facilitate
the attendance by Speakers and Presiding Officers before the end of the Christmas/New
Year Recess.
19. In the evening, Speaker Molomo hosted the end of Conference dinner.
For those interested in the culinary delights of Botswana, some of the more
unusual dishes enjoyed by delegates at this traditional banquet included ostrich
sausages, impala stew, crocodile tail, biltong (dried beef), and roasted caterpillars!
Sunday 13 January 2002
20. Delegates departed Kasane in the midst of a tropical thunderstorm!
Conclusions
21. Unlike previous Conferences which tended to be held at the Parliaments
of the various venues, the Botswana hosts took the decision not to hold this
Conference in the country's capital but instead to locate in a rural area on
the edge of the Chobe National Park. This turned out to be an excellent decision.
It created an atmosphere which had just the right balance of formality. The
surroundings and the general ambiance served to break down barriers and to encourage
a much greater level of discussion and informal networking amongst Speakers/Presiding
Officers and officials than more a more formal setting would have allowed.
Action Points
22. These are as follows:
- The Speaker to send a letter of thanks to Speaker Molomo.
- The Speaker to write to Sir Michael Davies, Clerk of Parliaments, to congratulate
him on his knighthood.
- Analyse the papers presented to the Conference and the reports of the Ad
Hoc Groups to identify any lessons/possible points of action for the NI Assembly.
- Incorporate the paper on IT and the findings of the IT ad hoc group into
the paper prepared jointly by Lord Alderdice and President Louvin for the CALRE
Madeira Conference.
- Denis Marshall, Secretary General of the CPA to be invited to speak to the
NI Assembly Branch of the CPA.
- The Speakers of the Scottish Parliament, Welsh Assembly, House of Lords,
House of Commons, the Bailiffs of Jersey and Guernsey, the President of the
Tynwald and Speaker of the House of Keys, the Speakers of the Seanad and the
Dail, to be invited to a "Speakers of the Isles" Conference in Belfast
in the summer.
- The Speaker to write to the Minister for Education to ask for his assistance
in seconding teachers to help with the Assembly's education programme for schools.
- The Assembly to make contact with the Youth Wings of the various political
parties and to invite nominees to a reception and information session.
- The Assembly to arrange a reception for teachers as a part of its education
strategy.
- The Assembly to research the methods used by the Scottish, Canadian and
Australian Parliaments to involve young people in politics and the parliamentary
process.
- The Private Secretary to send information about the services of NICO, the
incentives offered by the IDB to investors and details of training by the Department
of Employment and Learning for graduates, to the Private Secretary to the Speaker
of the Parliament of Uganda.
- Give booklet on Singapore Parliament to Allan Black as a possible model
for a booklet on the Assembly.
- Arrange for work to commence on a "Speaker's Handbook" for the
NI Assembly. This should include a section on the issue of sub judice with
reference to House of Lords and House of Commons motions.
LORD ALDERDICE
Speaker, Northern Ireland Assembly
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