| Section 4: Mechanisms for encouraging the direct participation
of non-members |
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| Many parliaments issue direct
guidelines for the involvement of non-members in the work of committees.
These guidelines for making submissions and appearing as an expert witness
are detailed below. This advice on making submissions to committees and
calling expert witnesses is drawn from the guidelines provided by Australia's
House of Representatives, Queensland, Canada's House of Commons and Quebec.
The Parliament of New South Wales provides a summary of the inquiry process. |
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| Preparing A Submission to a Parliamentary Committee Inquiry |
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| The main purpose of parliamentary
committees is to carry out investigations and report the findings of those
investigations to the Parliament. Each inquiry has terms of reference which
outline the matters to be considered by the committee. As part of the inquiry
process, a committee seeks written submissions addressing the terms of reference. |
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| Who can make a submission? |
| Any organisation or individual
may submit a brief to a committee of the House of Commons. |
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| Format and content of a brief |
Although a committee may develop
its own criteria, the primary guidelines for the submission of briefs is
as follows:
- views expressed and claims made in the
briefs must be relevant and based on factual information;
- recommendations to the Committee should
be as specific as possible;
- the name, address and phone number of
the association, organisation or individual making the submission must
be listed clearly on the title page;.
- briefs exceeding 10 pages in length must
be prefaced by a one-page summary;
- recommendations should be summarised at
the end of the brief;
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How to file a submission?
- Written submission should be sent by mail,
facsimile or email to the Clerk of the Committee.
- The author should sign a submission either
on his or her own behalf or on behalf of the organisation making the
submission.
- Those signing on behalf of an organisation
should indicate the level at which the submission has been authorised
(i.e. President, Chief Executive).
- Briefs should be filed by the advertised
closing date. If an extension of time is required, this can be requested
from the committee clerk.
- A return address for correspondence and
a contact telephone number should be provided with the brief.
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| Distribution of briefs |
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| Public distribution of all submissions
remains within the discretion of the Committee, unless the author specifically
requests that all or part of the brief remains classified as confidential.
Once the submission is received by a committee, it cannot be withdrawn or
altered without the committee's permission, nor must it be published or
disclosed to any other person until the committee has authorised its publication.
These rules ensure that submissions are protected by parliamentary privilege
before they are published. Unauthorised publication of a submission may
be considered as a contempt. Copies of authorised submissions can be requested
from the committee secretariat |
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| Figure 20: Summary of the Inquiry Process |
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| Appearing as a Witness before a House of Commons Committee |
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| Committees regularly invite private
Individuals, experts in a field, representatives of groups and organisations,
lobbyists, public servants and Ministers of the Crown to appear before them
in order to elicit information relevant to the study currently under consideration.
Hearings enable witnesses to clarify and expand on their written briefs
and allow the committee to seek additional information. Generally committee
hearings are conducted in public, although in certain circumstances the
committee may take evidence In private. |
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| Who can be called to a hearing? |
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| Committees determine who shall
be called to a heating. They select witnesses based largely on two criteria:
the type of study and the amount of time available. Committees may therefore
not be able to hear the testimony of all of those who wish to appear. In
this case, the committee may ask that a written brief be submitted instead. |
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| An organisation called to give
evidence generally can determine who will represent it at the hearing, although
the committee may request specific individuals to attend. Organisations
should ensure that they send to the hearing witnesses who have appropriate
knowledge of the issues before the committee. |
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| Those who decline the committee's
Invitation to attend a hearing can be summoned to appear if the circumstances
warrant such an action. |
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| The Clerk of the committee is
the procedural and administrative adviser to both the Chair and the committee.
The Clerk carries out his or her duties and responsibilities in consultation
with the Chair, and at the direction of the Committee. Once the committee
decides which witnesses will be invited to appear, the Clerk of the Committee
will contact them, giving the date, time and place of the meeting.
A letter of confirmation usually follows. |
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| On arrival |
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| Upon arrival at the hearing venue,
witnesses should Introduce themselves to the Clerk of the committee. If
the public hearing is in progress, witnesses are welcome to observe proceedings
before being called to give evidence. |
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| Prior to giving evidence, witnesses
must complete witness detail forms for use by the Parliamentary Reporting
Staff. |
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| Before taking evidence, the Chair
may ask that an oath or affirmation is administered. Regardless of whether
this is required the giving of false or misleading evidence may be considered
a contempt of Parliament. |
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| Presentation of the brief |
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| Most committee meetings proceed
immediately to hearing the witnesses. The Chair, after Indicating the order
in which witnesses will be heard, will ask witnesses to state their full
names and the capacity in which they are appearing before the committee. |
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| If the Committee is pressed for
time, the Chair may set a limit on the amount of time each group has for
its presentation and questioning by members. Generally, witnesses are given
an opportunity to make a short opening statement. This can be used to clarify,
amend or expand on points made in written briefs. |
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| Examination of witnesses |
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| After the presentation of the
brief or the opening statement of the witness the members of the committee
may ask questions. Questions are directed to witnesses through the Chair.
The Chair will decide in what order Members speak and when to recognise
another Member. The questions are designed to clarify aspects of written
submissions and to seek views and information on the Inquiry topic. Many
committees have agreed to limitations |
| on the amount of time available
to each Member. This time limit includes the witness's response. |
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| Parliamentary Privilege |
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| The giving of evidence to a parliamentary
committee is privileged. Essentially this means that no legal action can
be taken against the witness in relation to the evidence given during a
hearing. Therefore a witness may not refuse to answer a question on the
grounds of self-incrimination. |
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| Documents tendered |
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| if witnesses wish to tender additional
documents relevant to the inquiry, these should be provided in advance to
the Clerk of the committee for distribution to committee Members prior to
the hearing. |
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| In camera (private) meetings |
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| Committee meetings are normally
open to the public and media. However, if a committee wishes to deliberate
in private, it may decide to hold part or the whole meeting in camera Once
the committee decided to sit In camera, the public and media will be excluded
from the hearing. The Chair will request that they leave the committee room
until authorised to return. |
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| Video teleconferences |
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| Parliamentary committees have
used recourse to video teleconferences In order to hear witnesses, thus
reducing the amount of travel by committee members to other regions of the
country, and consequently the related costs. |
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| Witnesses are invited by the
committee to appear in a prearranged city and location. Their testimony,
questions asked by committee members and the ensuing responses are all transmitted
simultaneously to allow for two-way communication. |
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| Section 5: The Rapporteur System |
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| A common European practice is
the secondment of experts in a temporary and/or advisory role, for example,
as advisors to 'rapporteurs'. More generally rapporteurs provide a useful
focus point which enables interest groups to intervene in the work of committees. |
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| The German Bundestag Rapporteur system |
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| Under the provisions laid down
in the Rules of Procedure, the committees are relatively free to
organise their work and draw up their own agenda There are, however, certain
common procedural rules which every committee must follow. Thus, for every
bill referred to them, the committee must appoint rapporteurs from among
their Members. The rapporteurs are generally appointed on the proposal of
the parliamentary groups. They share with the committee chairman the responsibility
for supervising the progress of deliberations, drawing up the results of
deliberations and, in particular, signing the report submitted to the plenary.
The rapporteurs must familiarise themselves thoroughly with the content
and main political points of the bill. They must also consider statements
relevant to the bill, read specialist literature in the relevant field and
take into account the wishes and demands of Interest groups as well as opinions
in the press concerning the bill. The rapporteurs, moreover, liase between
the committee and their respective parliamentary groups in their discussions
of the bill. They ensure that their parliamentary groups are kept informed
of the latest conclusions and deliberations of the committee and keep the
committee up to date with the views and demands of the parliamentary groups. |
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