UNIT 5: PARLIAMENTARY COMMITTEE AND THE LAW

MAKING PROCESS

Learning Objectives

Why are parliamentary committees useful for lawmaking?

After studying this unit you should be able to:

Discuss the functions of parliamentary committees in the law-making process;

List challenges that confront parliamentary committees.

Introduction

Unit 5 is devoted to the critical role committees play when new laws are proposed.
Often the legislative powers of a country are vested in parliament. Procedures for
passing public, private and hybrid bills often require committing such bills to the
committee of the whole or other parliamentary committee for consideration. In a
number of developing countries bills are initiated by the executive but parliament is
expected to scrutinize and make amendments to ensure that the bill conforms to
national and international policies. This unit focuses on the role parliamentary
committees play in the conduct of work in the legislature.

Parliamentary committees have come to assume center stage in legislative decision-

making. Parliamentary committees, as of today, remain the focal point of legislative
oversight of governments. Even though its evolution has been relatively slow,
parliamentary committees whether in separation of powers or parliamentary
Box 5.1

Major milestones in the evolution of democratic parliamentary

committees

The spread and the increasing appreciation for democratic systems of governance around the
world;
A plethora of competing parliamentary parties and increased participation in floor debates, i.e.
internal changes in rules, committee structure, party structures and leadership;

Increased recognition given to the legislative phase of policy-making, which have turned
parliamentary committees into vital meeting places and a clearinghouse for political and policy
conflict and resolution;

The spread of democratic systems of government, and with it the evolution of regional
parliamentary bodies around the world, has created what has come to be termed inflationary
pressure on the creation and spread of parliamentary committees to cater to the varying needs
of the people. For instance this proliferation has created such parliaments as The Commonwealth
Parliamentary Union, The European Parliament; the Economic Community of West African States
(ECOWAS).

Increasing significance of parliaments around the world and the need for committees and
subcommittees to attend to the needs of divergent societies.

Government systems are considered one of the significant organizational features of

modern parliaments.

Evolution of Parliamentary Committees

Parliamentary committees have emerged as a central institution to democratic

governance and have moved in tandem with the flourishing of democratic practices and
ways of governing.
Challenges with Parliamentary Committees

Embedding evolving policy challenges into already codified jurisdictional definitions, e.g.
crosscutting issues such as the environment, trade, health, and welfare. These issues
demand integrated deliberation and oversight. Thus it is argued that even as democratic
parliaments throughout the world experiment with more elaborate committee structures,
those with older highly developed committee systems are reaching for more varied and
flexible alternatives;

Inadequate resources: parliamentary committee staff members are required to support

the activities of committees that, for instance, carry out research and communicate
between parliamentarians. However the resource constraints that have hindered the
progress of most parliaments also extend and affect parliamentary work at the
committee level;

Changing phases of parliamentary committees; - According to Longley & Davidson

(1998). Parliaments, which were expected to decline in significance in the 1960s and
1970s, have rather developed new and vital political roles and have introduced
innovations in institutional structures, most recurring are parliamentary committees. The
evolving nature of parliamentary committees in most parliaments sometimes creates
challenges in being able to tell the mandate of a committee from its name. A good
example is the use of the term finance committee and budget committee. The
mandates of these committees are often unique to the countries in which they are
found.

Managing the relations between parliamentary committees and government ministries

departments and agencies; - Without clearly defined guidelines, clear understanding of
the mandate of the committee and without well established channels of communication,
managing the relationship with government ministries department and agencies can be
a daunting task especially where the rules of engagement and committees oversight
role are not well established as pertains in young and emerging democracies.
Managing and sustaining inter-parliamentary committee relations. Inter-parliamentary
cooperation can be very beneficial in strengthening peer support and peer learning but
often there are practical challenges related to managing and sustaining such relations.
Lack of financial resources to promote reciprocal visits can hinder such partnership. Most
Parliaments are yet to take advantage of new Information Technology facilities that can
allow online interaction without the cost associated with travel. Inter parliamentary
associations such as the IPU may need to increase support for inter-committee relations.

In spite of these challenges, most Parliamentary committees are an integral part of the
law making process in their countries. Work carried out in such committees make it
possible for parliaments across the globe to carry out their legislative function.

Parliamentary Committees and the Law Making Process

Parliamentary Committees play a central role in the process of enacting laws. As stated
earlier, in most democratic countries the power to legislate is vested in Parliament.
Proposed legislation, called bills, is first introduced to the floor of the House. The bill is
then taken through a number of stages or steps, including the committee stage before it
can become the law or an Act.

Steps in Parliamentary Law-making

The details of the legislative process may vary from legislature to legislature especially
between bicameral and unicameral legislature. However, there are some fundamental
steps that most bills are taken through in order for them to become laws. Appendix IV
shows step by step the legislative process in the New Zealand Parliament.

Introduction and First Reading

Parliaments receive the proposed law or bill, from the required state institution through
its representative, usually the sector minister or from the other Chamber in bicameral
legislatures. This stage is often referred to as Introduction of Bills. When the bill is
introduced to the floor of the House there is laid down Parliamentary procedures that
need to be followed. For example, a formal notice may be required and the Prime
Minister or the sector Minister may give a speech. The Clerk or presiding officer also
st
reads the title of the bill; this is termed the 1 Reading.

Committee Stage and Second reading

After the first reading a bill may be referred immediately to the appropriate committee.
It is at the committee stage that most of the detailed work is carried out. The committee
may involve the public in this process to varying degrees. The general public and
institutions may be asked to send inputs, public hearing may be held. This is also the
stage where committee members have the opportunity to make proposals for amending
the bill. The committee may then present its report to the House. In Westminster
systems the second reading is the first important stage the bill must go through. At this
stage the bill is read for the second time and debates commence. The debates are not
restricted to the content of the bill but can cover the circumstances for its presentation;
detailed debates of the clauses are not expected at this stage.

Consideration and Third reading

The Consideration Stage is the stage where the whole House discusses the bill in detail.
Debate on the bill is carried out clause by clause, proposed amendments are debated,
arguments are then made to either support the proposals or to reject them, new
suggestions can also be made to amend a clause. The process for debate on the floor of
the house at this time might allow Members to speak more than once to a question
proposed by the chairperson. The committee report on the bill forms a crucial
background that informs this debate. To make this process effective parliament will
often give a particular timeline that must elapse between the committee stage and the
considerations stage. In the House of Commons a fortnight after a standing committee
has examined a bill, the committee report is presented to the entire House for
consideration. In the Parliament of Ghana, the bill is taken through the consideration
stage at least forty-eight hours after the second reading. The consideration stage is very
important because it gives other Members of Parliament the opportunity to introduce
amendments to the bill. The third reading with a motion that the bill is now read for the
third time then follows the consideration stage. This stage is often very short with no
debate.
In most bicameral parliaments, the bill then goes to the next chamber where it is taken
through similar stages as in the previous chamber. Once there is agreement on the
content of the Bill, it is then submitted to the appropriate office e.g. the office of the
president for presidential assent or to the King or Queen for Royal assent.

Royal Assent or Presidential Assent

The Clerk of Parliament is often responsible for ensuring that the bill reflects all the
relevant amendments and recommendations. This is then printed and certified as true
copies. The required numbers of copies are then presented to the King/Queen or to the
President. Presidential or Royal seals are affixed and the President or Queen/King
assents to the bill by placing the signature under the pre-agreed text e.g. I hereby
signify my assent to this bill or The queen wishes it.

In instances where the President or the King/Queen does not agree with portions or
some clauses of the bill, s/he may refuse to assent to the bill.

The above shows that Parliamentary committees play a critical role in the law making
process. Once a Bill has been referred to the appropriate committee or committees, the
expectation is that the committee responsible will carry out the needed investigation and
analysis and will report to the House its amendments and recommendations or the
rejection of the bill. In some Parliaments such as the German Bundestag the Committee
responsible is expected to provide definite decision. See Box 1.5 below

Box 5.2

Committee Responsible The German Bundestag

Designation as the committee responsible means that this committee is responsible for further
handling of this bill. The committee responsible must, in keeping with Rule 62 of the Rules of
Procedure of the German Bundestag, recommend to the Bundestag a definite decision the
acceptance of the bill, the acceptance of amendments decided upon by the committee, or the
rejection of the bill- and is obliged to attend to matters referred to it without delay.

Source: Schreiner, H.J. & Linn, S. (2006) The German Bundestag: Functions and Procedures. NDV
Committee Clerks and the Law Making Process

The Committee Clerk must know the procedure for the law-making process especially
the procedure required for the committee stage and the consideration stage of a bill in
order to assist the committee chairperson and committee members in their work. At the
committee stage members are often expected to move and debate amendments to the
Bill. This often involves a close look at each clause and Schedule of the Bill. According to
Limon & Mckay (1997) Public bills referred to committees in House of Commons are
often looked at in a specific order unless otherwise ordered. The order is as follows:
Clauses, new clauses, schedules, new schedules, Preamble, and then title (if
amendment is required). Motions can also be proposed to look at the bill in a different
order. A clerk must know this procedure and must assist when needed. In addition to
providing the chairperson and members with guidelines, the clerk to the committee
must ensure that the minutes of proceedings of the committee are properly captured
and reflect true occurrence at the meeting.

Limon & Mckays (1997) presentation of Proceedings in Committee on Public Bills in the
House of Commons points to some basic procedures that can be followed at the
committee stage. Though the overall process may be unique to each parliament there
are a number of fundamental questions that committee staff can help the committee
address to ensure a smooth process at the committee level. A clerk to the committee
must have the knowledge and skills to help the committee address these questions:

The basic questions include the following:

What is the mandate of the committee on this bill? What is the function of the
committee?
In what order can/should the bill is considered by members?

Does the committee have the power to divide one clause into two?

Can the committee transfer clause(s) from one section of the bill to another? How do you
postpone the consideration of a clause? Do you need a motion? Do you need to give notice
of amendment in committee? When and how?

What is the procedure for introducing an amendment? What is the procedure for
withdrawing an amendment?
In what order should the chairperson call amendments to the bill? Which amendments
are admissible and which are not and why? How do you introduce new clauses?
How do you close committee proceedings and

What is the procedure for communicating committee minutes of proceedings to the

House?

Simple guidelines that address these questions can help simplify the work of the
committee clerk and facilitate review of bills at the committee stage.

In sum, parliamentary committee can serve as the focal point for most of the works that
Parliaments must carry out in passing bills into law. When properly resourced,
parliamentary committees can contribute positively to ensure that laws are passed
based on real needs and is properly structured to bring about the needed change.

Unit 5 Questions

Please answer each of the following questions. If you are taking this course in a group you may
meet to discuss your answers.

What are the key stages in parliamentary law making?

What functions do parliamentary committees play in the law making process?

What are the common challenges faced by parliamentary committees in the law making process?
Select Bibliography

Longley, L. (1998) The New Roles of Parliamentary Committees (The Library of

Legislative Studies) Routledge

Limon, D. & McKay, W. R. (1997) Erskine Mays Treatise on The Law, Privileges,
nd
Proceedings and Usage of Parliament (22 Edition). London: Butterworths

Schreiner H.J. & Linn, S. (2006) The German Bundestag Functions and Procedures.
NDV; Berlin

Relevant Internet Resources:

United Kingdom Parliament. Making New Law [Online] Available at:

http://www.parliament.uk/works/newlaw.cfm [Accessed January 2007]

UNDP. Law making stages of the legislative process [Online] Available at:
http://www.undp.org/governance/docs/Parl-Pub-lawmakin.htm [Accessed January 2007]

Parliamentary Monitoring Group South Africa. The Legislative Process [Online] [Available at :
http://www.pmg.org.za/parlinfo/sectionb3.htm] [Accessed March 2007]