This page contains a Flash digital edition of a book.
2.5.1 The legislature shall establish and follow clear procedures for structuring debate and determining the order of precedence of motions tabled by members.





2.5.2 The legislature shall provide adequate opportunity for legislators to X debate bills prior to a vote.


2.6.1 Plenary votes in the legislature shall be public.


As is the case in many democratic legislatures,adequate opportunity for debate on bills can be curtailed by the application of a closure motion or ‘gag’ by the majority party. X


2.6.2 Members in a minority on a vote shall be able to demand a recorded vote. 2.6.3 Only legislators may vote on issues before the legislature.


The only exception is the election of the Speaker,Deputy Speaker and Chief Minister at the commence ment of a new Assembly.The election of these officers, while still a public proceeding,is conducted by secret ballot.  


2.7.1 The legislature shall maintain and publish readily accessible records of its proceedings.  3.1.1 The legislature shall have the right to form permanent and temporary committees. 3.1.2 The legislature’s assignment of committee members on each committee shall


 


include both majority and minority party members and reflect the political composition of the legislature.


3.1.3 The legislature shall establish and follow a transparent method for selecting or  electing the chairs of committees. 3.1.4 Committee hearings shall be in public.Any exceptions shall be clearly defined and provided for in the rules of procedure.


3.1.5 Votes of committee shall be in public.Any exceptions shall be clearly defined and provided for in the rules of procedure.


 


3.2.1 There shall be a presumption that the legislature will refer legislation X to a committee, and any exceptions must be transparent, and narrowly-defined,extraordinary in nature.


3.2.2 Committees shall scrutinize legislation referred to them and have the power to  recommend amendments or amend the legislation. 3.2.3 Committees shall have the right to consult and/or employ experts.





3.2.4 Committees shall have the power to summon persons, papers and records, and  this power shall extend to witnesses and evidence from the executive branch, including officials.


3.2.5 Only legislators appointed to the committee, or authorised substitutes, shall have  the right to vote in committee. 3.2.6 Legislation shall protect informants and witnesses presenting relevant information  to commissions of inquiry about corruption or unlawful activity.


4.1.1 The right of freedom of association shall exist for legislators, as for all people. 


4.1.2 Any restrictions on the legality of political parties shall be narrowly drawn in law  and shall be consistent with the International Covenant on Civil and Political Rights. 4.2.1 Criteria for the formation of parliamentary party groups, and their rights and responsibilities in the legislature, shall be clearly stated in the Rules.


 4.2.2 The legislature shall provide adequate resources and facilities for party groups


pursuant to a clear and transparent formula that does not unduly advantage the majority party.


4.3.1 Legislators shall have the right to form interest caucuses around issues of common concern.





Although not prescribed, no prohibition exists.


5.1.1 The legislature shall have an adequate non-partisan professional staff to support  its operations including the operations of its committees.


5.1.2 The legislature, rather than the executive branch, shall control the X parliamentary service and determine the terms of employment.


310 The Parliamentarian 2008/Issue Four


This is not the case in many respects.





This is not the case in the assembly.


Benchmarks for Democratic Legislatures


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92