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SO 2017-11 On Parliamentary Commissions and Committees

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Post by Abdoa Sat Feb 11, 2017 10:17 pm

SENATE OF THE PARLIAMENTARY UNION
 
SENATE ORDER 2017-11
 
On Parliamentary Commissions and Committees
 
Article I: Introduction
In order to allow this Parliament to conduct its affairs in a more knowledgeable manner, we move to provide the framework for the establishment of Parliamentary Commissions and Committees.
 
Article II: Legal and Constitutional Status
1. These Committees and Commissions are to be considered as departments of Parliament.
2. The Speaker of Parliament is defined as the Prime Minister, who chairs Parliament.
 
Article III: Parliamentary Commissions
1. Parliamentary Commissions may only be established by an Act of Parliament.
2. Their mission, which must be one of the purposes defined in Clause 3 of this Article, must be clearly stated in the aforesaid Act of Parliament.
3. Duties of the Parliamentary Commissions include:
a. Advising the Speaker and Parliament on issues related to their assigned mission.
b. Acting in the name of the Speaker and Parliament if authorized and requested to do so by Parliament or its Speaker.
4. Parliament must appoint or ratify the members of each Parliamentary Commission by an Act of Parliament.
a. Any citizen of the Union may be a member of a Parliamentary Commission so long as there is not a compromising conflict of interest.
 
Article IV: Parliamentary Committees
Section A: Establishment and General Functions
1. Parliament may establish Parliamentary Committees by amending this Act.
2. Parliamentary Committees must review, comment on, and advise Parliament on bills if the Speaker of Parliament or any one Member of Parliament calls on them to do so during Debate.
a. The Speaker of Parliament must extend debate time to its maximum in order for the members of the relevant Committee to fulfill their duties.
3. Parliamentary Committees will also oversee the functioning of Parliament.
 
Section B: Composition
1. The Chairs of each committee are nominated by the Speaker of the Parliament at the beginning of each term of Parliament.
2. The Chairs will then nominate two supplementary members of the Committee from the Members of Parliament, with the composition of each committee being subject to ratification by an Act of Parliament.
 
Section C: List of Parliamentary Committees
The following Parliamentary Committees are established by this Act:
1. The Rules Committee will hereby be responsible for analyzing the application and practicality of the Parliamentary Procedure Orders defined in SO#2016-3 (“Parliamentary Procedure Orders”) and proposing Acts of Parliament (if deemed necessary by the committee) to amend the aforementioned Act to be debated and voted on by the Parliament at the beginning of the following term of Parliament.
2. The Development Committee will hereby report on how a bill will affect regional activity.
3. The Management Committee will hereby report on how a bill will affect the organization and functions of government.
 
Article V: Conclusion
We, the Parliament of the Union, do hereby enact these provisions as law.
 
Date, 2017
Abdoa, Senator
Libertarian Democracy, Senator
Abdoa
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Post by Abdoa Sat Feb 11, 2017 10:25 pm

As this bill already has two co-sponsors, it is placed in line for debate.

Also, I would like to here Minister of Jurisprudence Hashkin's ruling on whether having members of the general public be part of sub-entities within Parliament is constitutional.
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Post by Hashkin Sat Feb 11, 2017 10:46 pm

Abdoa wrote:As this bill already has two co-sponsors, it is placed in line for debate.

Also, I would like to here Minister of Jurisprudence Hashkin's ruling on whether having members of the general public be part of sub-entities within Parliament is constitutional.
I think this is consitutional
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Post by Abdoa Sat Feb 11, 2017 11:13 pm

Thank you!
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Post by Nassau-Windsor Mon Feb 13, 2017 10:18 am

First of all, I would like to thank my Right Honourable and Honourable friends (the Prime Minister and LibertarianDemocracy MP) for introducing this draft to Parliament. I think this could greatly improve our legislative process, as well as the general members' involvement in said process.

Here are my first statements with regards to the proposal:

Abdoa wrote:[Article II] 2. The Speaker of Parliament is defined as the Prime Minister, who chairs Parliament.

1. In my opinion, this can be left out as it is already regulated by the Constitution.

Abdoa wrote:[Article III] 1. Parliamentary Commissions may only be established by an Act of Parliament.

2. I understand why the Prime Minister wishes Parliamentary Commissions to be established by Acts of Parliament only, but as their purpose is to advice Parliament, I think that Parliament could also use other instruments to establish a Commission. (One could be just a proposal from a Member, backed by at least two other Members, and then immediately a vote upon it, to save lots of time as well.)

Abdoa wrote:[Article III, 3.] b. Acting in the name of the Speaker and Parliament if authorized and requested to do so by Parliament or its Speaker.

3. Could the Prime Minister give an example of what kinds of representations in the name of Parliament he has in mind? And also why he does not think that it suits Parliament to limit these powers beforehand in this draft or another Act of Parliament?

Abdoa wrote:[Article III] 4. Parliament must appoint or ratify the members of each Parliamentary Commission by an Act of Parliament.

a. Any citizen of the Union may be a member of a Parliamentary Commission so long as there is not a compromising conflict of interest.

4. Like statement number 2, I would point out to the authors that I think the instrument is far too heavy for such a simple decision. If a Committee is to be established under my simple proposal, why then not have the Prime Minister officially announce and name these Members/citizens as such? This would create the process much less time-consuming.

5. With regards to sub a of this Article, I would recommend to include a provision that regulates the number of normal citizens having a seat in a Committee. I understand that no specific number should be stated, but I hope that we can agree that we do not wish to have a Committee made up by > 50% of non-Members. I'm sure a percentage can be included, and would request that it is updated accordingly.

Abdoa wrote:[Article IV, Section A] 1. Parliament may establish Parliamentary Committees by amending this Act.

In my view, this contradicts to Article III, 1, where it is specifically stated that a new Act of Parliament is required. I invite the authors to consider scrapping one of the two methods, or stating that both methods are in order to be used.

[To be continued.]
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Post by Abdoa Mon Feb 13, 2017 4:07 pm

Doing this on my phone, so will be more elaborate later:
1) Many people might be surprised to know that: I wish to avoid all possible confusion.
2) I will change the bill later today (3senators then direct to vote).
3) I'll specify a list of which constitutional duties of the Parliament can be delegated.
4)/5) Commissions are intended to be the citizens advising parliament - Committees are the Senators specializing. I would agree that one member of a commission be a senator, but I don't agree with more: it's supposed to be the citizens' councils. For that reason, I think its members should be ratified.
6) Again, Commissions and Committees are different councils, with different compositions, and functions.
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