Parliamentary Oversight Tools: A Comparative Analysis by Riccardo Pelizzo & Frederick Stapenhurst

Author:Riccardo Pelizzo & Frederick Stapenhurst [Pelizzo, Riccardo & Stapenhurst, Frederick]
Language: eng
Format: epub
Tags: Legislative Branch, Comparative Politics, Political Science, American Government, General
ISBN: 9781136517242
Google: jCy8c1uYDbcC
Goodreads: 17544798
Publisher: Routledge
Published: 2011-12-20T00:00:00+00:00

Table 6.2 Tools and mechanisms influencing legislative oversight

Survey

question

number Survey question Mean

score Stddev.

317 Does the legislature amend the budget 0.317 0.5

618 Has the legislature ever over-ridden a

presidential veto of legislation 0.118 0.3

12 How effective is the auditor general in

uncovering incidents of fraud and

corruption 4.2 0.9

How effective is the ombudsman (chraj)

in uncovering incidents of fraud and

corruption 3.6

14 How effective is the anti-corruption

agency (sfo) in uncovering incidents of

fraud and corruption 3.5 1.3

18 How effective are oversight committees

in uncovering incidents of fraud and

corruption 3.2 1.5

How effective are special committees/

commissions of inquiry in uncovering

incidents of fraud and corruption 3.8 1.3

16 What is the degree of partisanship within

legislative oversight committees 2.2 1.6

How effective is question period in

uncovering incidents of fraud and

corruption 3.7

(Per cent of respondents, n = 1197)

The challenge for committees is that they do not have prosecutorial powers. A variety of follow-up mechanisms were described by respondents. Some said that the committees make recommendations to the House which often calls for the parties involved to make amends and/or be prosecuted. Others said that the committee's findings are transmitted to the Attorney General's department for prosecution, referred to the police for investigation, or the Serious Frauds Office (SFO), or the Commission for Human Rights and Administrative Justice (CHRAJ); in the case of the latter two organisations, see above. In short, the committees in Parliament have to rely on multiple agencies and channels for further action, including prosecution of their findings.

A problem with follow-up is that ultimately it is the office of the Attorney General (AG) that is responsible for prosecution. The AG's mandate is governed by Article 88 of the 1992 constitution, under which the AG doubles as a Minister of State and principal legal counselor to the government. As Minister of State, the AG is part of the executive branch – and, at the same time, is responsible for prosecutions emanating from the investigations of parliament and its committees, the Serious Frauds Office (SFO) and the Auditor General. In short, some respondents said, the contribution of the AG to parliamentary oversight is dampened by the perception that the office is not independent; they were of the opinion that some cases were not prosecuted, possibly because of political interference and influence.

In short, the committees are able to perform their functions because they are constitutionally empowered to access information and subpoena witnesses. By holding open sessions and allowing public and media access, the committees have increased incentives for greater scrutiny. The composition and selection of committee members demonstrates a tendency towards independence and autonomy which is applauded by experts (see, for example, Wang, 2005). While committee resources are limited, ties have been developed with policy think tanks and input from the public encouraged. Finally, although partisanship is strong in Parliament, the collective interest of MPs seems to supersede party affiliation at the committee level. The ability of MPs to minimise partisanship at the committee level has helped make the committees powerful vehicles in the oversight process.

Given the greater activism and the greater effectiveness of parliament and parliamentary

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