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Parliamentary Practices in Devolved Parliaments
 
 
2. The Legislative Process
 
2.0 Introduction
 
This section examines the legislative process in a number of countries in Europe and beyond. The focus is primarily on devolved parliaments, but some reference is also made to the experience of the unicameral state parliaments of Scandinavia.
 
The legislative process in 10 parliaments is extensively described : five in Germany (Saxony, Upper Saxony, Schleswig-Holstein, Hamburg and Lower Saxony); one in Spain (Catalonia); two in Belgium (Walloon and Brussels-Capital Regions) and two in Canada (Saskatchewan and Quebec). The processes in Norway, Sweden, Finland, Denmark, Austria, the Basque Country, and the Aland Islands (Finland) are also examined in some detail.
 
After the examination of the various parliaments or assemblies, the main findings of the research on this topic are summarised, and some tentative conclusions drawn.
 
2.1 Belgium
 
As described in section 6 below, the recent transformation of Belgium into a federal state has resulted in the establishment with a number of legislative assemblies, exercising a substantial range of powers. Consideration is given to the legislative process in two of those bodies, the Parliament of the Walloon Region, and the Council of the Brussels-Capital Region (which latter, notwithstanding it is based on the Brussels area, is nevertheless a fully-fledged legislative assembly).
 
2.1.1 Walloon Region
 
Legislative proposals may be made either by the Walloon Government or by an MP (or a group of up to 6 MPs).
 
In the case of Government proposals, the President of the Parliament decides which committee to send them to for consideration (she or he can, and if requested by one-fifth of the Parliament, must, consult Parliament about this).
 
In the case of proposals from an MP, the President of Parliament, if he or she considers the proposal worthy of consideration, sends them to the Parliament plenary for consideration. If he or she does not, they go before the Bureau who reports to the Parliament plenary. If in either situation the Parliament decides to consider the MP's proposal further, it is sent to the relevant committee.
 
Committees consider the proposals. Amendments can be moved by committee members. Other MPs who have proposed amendments, along with the original proposers of the measure, also have a right to be heard by the committee. Government legislative proposals take priority over other matters.
 
The committee reports to the plenary session of Parliament, which discusses first the general principles and then considers the bill clause by clause. At this stage, amendments may be moved by any MP. If an amendment is adopted, or the proposal is rejected, a member of the Government, or a minimum of 9 MPs, can require the matter to proceed to a second reading 21. The matter is then reconsidered by the committee. The committee has a limited power to make further amendments. The committee then reports to Parliament (second reading). There is then a new debate and a final vote. Subject to some exceptions, no amendment can be moved at this stage.
 
During its consideration of a legislative proposal, a committee can decide to seek the advice of outside bodies, and thereafter if it wishes to organise a hearing to take evidence from such bodies. The committee can also take evidence from outside bodies and organise such hearings on other matters before it.
 
There is a special procedure for the consideration of budget matters. Every committee also has the power to evaluate any legislation of the Walloon Parliament (within its remit) which has been in force for more than three years.
 
The Parliament establishes permanent committees after every general election, with subject remits proposed by the Parliament's Bureau 22. Each committee has 12 members, proportional to the strengths of the parliamentary party groups. The Parliament can establish special committees, and committees can form their own sub-committees.
 
The Parliament's Standing Orders make specific provision for certain named committees, as follows:
  • a 12-member committee to promote cooperation between the Walloon Region, the French Community, and the French Community Commission of Brussels;
  • a 12 member committee to promote cooperation between the Walloon Region and the German-speaking Community;
 
In both the above cases, the committee holds joint meetings with committees from the other Parliament(s) concerned.
  • an advisory committee on European affairs, consisting of the 9 Belgian MEPs from the French electoral college and 9 Walloon MPs ;
  • an advisory committee on Equal Opportunities for Men and Women. This comprises of 9 members. Its role is to give advice to Parliament on equal opportunities matters, on request of the President of Parliament or a committee Chair, or at its own initiative.
 
Parliament also has an internal audit committee.
 
2.1.2 Brussels-Capital Region
 
Legislative proposals may be made by the Brussels Government, or a member of the Council. Legislative proposals are considered in detail by one of a number of Permanent Committees 23.
 
Proposals from the Government are sent by the President of the Council to the appropriate committee. He or she may consult with the Council on the matter (and if requested by a fifth of the members, must), but his decision is not put to a vote.
 
In the case of a proposal emanating from an individual member, the President consults with the Council as to whether it should be taken into consideration, and then decides which committee to send it to.
 
Depending on the origin of the proposal, the committee will hear from either the Government or the individual member who has made the proposal. During the consideration of proposed legislation, they can also hear from anyone else, including outside bodies, if they consider it useful to do so.
 
Any member can propose amendments to be considered by the committee. Once the committee has considered the matter, it reports to the plenary of the Council. Amendments can be moved by any member of the Council at this plenary reading. The proposal is put to a final vote at the end of this plenary reading.
 
(Budget proposals follow the above procedure in a slightly varied form.)
 
A second reading can be demanded by members of the government (and also a minimum of five members of the Council if there have been amendments at first reading). If so, the proposal will go back to committee for re-examination which reports back to the plenary. At second reading, the discussion and vote is essentially restricted to those clauses which are the subject of amendment or rejection.
 
If there are new amendments made at second reading, the government or the Council itself can demand a third reading, with the discussion and vote again restricted to the amendments.
 
A number of consultative bodies 24 have been established by the Region which may be consulted when legislation is being considered (in some cases, consultation is compulsory).
 
There are complex provisions in the Council to protect the interests of both the French and Dutch speaking linguistic groups. Similarly, certain legislation is the responsibility of the French and Flemish (and the Joint) Community Commissions. Because of their complexity and particularity to the Brussels situation, these are not considered in detail 25.
 
2.2 Canada
 
Consideration is given to the legislative process of two of the provinces of Canada, Quebec and Saskatchewan, as representing two developments of the "traditional" Westminster style of dealing with legislation.
 
2.2.1 Quebec
 
Bills may be introduced by any member of the National Assembly of Quebec (except that bills involving financial commitments must be tabled by a Minister of the Quebec Government). Bills go through the following stages:
 
1) The bill is introduced by the Minister (or individual member) concerned by reading out a summary of its contents. A motion proposing leave be granted to introduce the bill is voted on without debate.
 
2) If the bill concerns a new law or alters the basis of a system already in existence, the National Assembly has the option of referring it to a standing committee for public hearings, on the recommendation of the Government. Interested individuals and groups may present comments and suggestions at the public hearing.
 
3) At a time chosen by the Government, the National Assembly debates and votes on the principle of the bill.
 
4) The bill is then sent to a standing committee, which examines bills clause by clause. Members of the committee may propose changes, and the committee can make amendments. The committee reports on its work to the National Assembly.
 
5) The National Assembly has to adopt the committee report before the bill progresses. Amendments may be made at this stage by the National Assembly.
 
6) A brief debate takes place in the National Assembly, on its contents rather than the general principle, and the bill is then voted upon 26.
 
Extensive use is made of committees. The National Assembly currently has 11 standing committees, including the co-ordinating Committee on the National Assembly 27.
 
Each committee consists of about ten members, who perform both a legislative and supervisory role. Committees have been given the responsibility to:
  • examine bills
  • budget estimates
  • any other matter referred by the Assembly.
 
Committees may also on their own initiative examine:
  • delegated legislation
  • the objectives, activities and management of public agencies
  • financial commitments
  • any other matter of public interest.
 
2.2.2 Saskatchewan
 
Bills 28 may be introduced by a Minister of the Provincial Government, or by an individual member of the Saskatchewan Legislative Assembly (an "MLA"). (Private Members' Bills, however, cannot require the Government to levy a tax or spend money). Sometimes, there may have been consultation with appropriate public representatives during the drafting of the proposed legislation.
 
The steps in the passage of bills are as follows:
  • first reading: where the Minister or other MLA proposing the bill will move that a bill is introduced and read. If the motion is adopted, the bill proceeds to:
  • second reading: where there is a debate on the principles of the bill. If at the end of the debate a motion for second reading is adopted, the bill is referred to committee, usually a Committee of the Whole [Assembly], but sometimes to a committee.
  • committee stage: where each clause of a bill is considered and voted upon. The bill as finally adopted is then reported from the committee to the Assembly for third reading.
  • third reading: the debate is primarily on the general issues, and is then voted upon.
 
The Saskatchewan Assembly makes extensive use of committees. These can be:
  • Standing Committees. These committees have been given a variety of remits. Some are mainly concerned with the consideration of legislation, but except in the cases of minor or non-controversial proposals rarely require to do this because of the practice of using Committees of the Whole. Others have wider roles, for example the Public Accounts, and Crown Corporations, and committees, which carry out supervisory functions over Government and can call the relevant Ministers and officials to answer questions. The recently created Environment and Constitutional Affairs committees have a role in facilitating public input into their subjects of concern. Most Standing Committees at present have 9 members.
  • Special Committees, limited to 11 members, to deal with a certain specific matter or inquiry. Public hearings are often held.
  • Select Committees are appointed to deal with specific issues. They are not appointed directly by the Assembly, but by a Continuing Select Committee of the Assembly, which also sets the topic for review by the committee.
 
Substitutions are permitted, on a daily basis, only for members on the Standing Committees on Crown Corporations, Non-Controversial Bills, and the Constitution.
 
2.3 Germany
 
Under the German Federal Constitution, the states (Länder) are essentially free to decide how they deal with the passage of legislation through their parliaments. Notwithstanding this constitutional freedom, the process whereby the parliaments of the different Länder deal with legislation (and other matters) does not differ extensively one from another.
 
The five Länder parliaments examined in detail represent a good cross-section of the different Länder : their populations range from 1.7 million to 7.7 million ; they include Länder of a considerable geographical extent and also one of the "city-state" Länder; two (Upper Saxony and Saxony) are in the former G.D.R. area, and the other three in the former "West" Germany ; and their political complexion covers a number of possible permutations in the left-right spectrum. They therefore form a good basis for drawing some general conclusions as to the legislative process in the Länder.
 
2.3.1. Upper Saxony
 
Legislative proposals can emanate from (1) the Land government ; (2) a parliamentary political group ; (3) a proposal from at least 8 members of the Land Parliament ; and (4) popular initiative.
 
Prior to submitting legislation, its proposers can consult with outside experts, trade unions and similar groups. Once proposed legislation is passing through the Parliament, hearings may take place with experts, associations, trade unions, etc.
 
The Parliament considers proposed legislation in two readings. At the end of first reading, proposed legislation is sent to one or more committees (if more than one, one committee will be designated as the lead committee).
 
The committee, or the lead committee if appropriate, considers the proposed legislation and will recommend one of the following courses of action to the Parliament:
  • no amendment to the proposal
  • adoption of the proposal subject to certain amendments
  • rejection of the proposal
  • that the proposal needs further clarification.
 
The recommendations from the committee form the basis for the second reading in the Parliament, but it is not unknown for amendments to be moved at the second reading stage. The final vote on the proposal will take place at the end of the second reading.
 
An important part of the process is examination by committee. The Parliament currently has 12 standing committees 29, each with 13 members (unless the Parliament specifies a larger number). It also has an audit sub-committee, and an electoral verification committee.
 
2.3.2 Lower Saxony
 
Bills can be tabled by the Land Parliament itself, the Land Government, or through a public initiative or petition. Bills when tabled are referred immediately to the relevant committee. However, deliberation by the committee of the bill is preceded by a "public discussion" by the co-ordinating committee, which takes the place of a "first reading" style discussion of general principles. There will be one further reading, a second reading. There can be a third reading also (e.g. if a matter is referred to committee at second reading, or if there are amendments at second reading.
 
Before a draft bill comes before the Parliament, it is likely that there will have been discussions with interested groups and specialists. Of course, legislation which arises from citizen initiative will already have had a degree of public debate as a result. It is also common for committees when considering matters, including proposed legislation, to hold public hearings where both experts, interests, and lobbyists can be invited to present a case and be questioned.
 
The committees of the Parliament play an important role in the legislative process. Each parliamentary party group has a right to be represented on a committee according to their strength in the Parliament. At present, the Parliament has 18 standing committees, 2 standing sub-committees, and 5 special committees 30. Committees are not generally required to meet in public.
 
An important role in the legislative process is played by "citizen's initiatives" of various kinds. An initiative as a result of which parliament has an obligation to consider a particular issue requires the signature of 70,000 electors. A petition directed at getting a law passed, amended or repealed requires the support of 10% of the electorate. A law can be passed by referendum if it receives support from a majority of those voting, and at least 25% of the electorate. The Land Constitution can only be changed in a referendum, with a requirement of support from at least 50% of the electorate. A referendum must be held if parliament does not support draft legislation submitted under a petition within six months with no essential changes. The Land Parliament can also present draft legislation on the subject of a petition to a referendum.
 
Unlike many other Land Parliaments, Lower Saxony does not have a specific Petitions committee, but refers petitions to the respective specialist committees for discussion. Petitions are being increasingly used by the population ; in the last electoral period, some 7,000 petitions were presented.
 
2.3.3 Schleswig-Holstein
 
Draft bills can be presented to the Parliament by the Land Government, one or more of its Members, or by a "popular initiative."
 
Legislative proposals, together with budgetary provisions and matters with implications beyond the level of the Land require two or three readings ( a decision to have a third reading can be made up till the stage of the final vote)31.
 
At first reading, general principles are discussed. (The first reading can be divided into two stages). At first reading stage, where local interests are substantially affected, there has to be consultation (either orally or in writing) with relevant interest groups (unless there position is already clear).
 
At second reading, individual paragraphs are discussed and voted on. There can also be further discussion on the general principle if the Parliament agrees. The second reading can be dispensed with unless 18 members object.
 
If a third reading is to be held, the procedure adopted is the same as for as a second reading.
 
Any matter can be referred to Committee at any stage before the final vote (proposals with financial implications have to be referred to committee 32). If the Parliament plenary session has not decided which committee a matter should be referred to, the President of the Parliament does so.
 
The final vote takes place at the end of the last reading.
 
It should be noted that as well as being adopted by the Land Parliament, legislation can also, as an alternative, be adopted by popular referendum.
 
There can be consultation with outside interests prior to legislation if the Land Government or parliamentary political groups consider it useful.
 
The Standing Orders of the Parliament provide for nine specified standing committees 33, which consider proposed legislation, each with either 11 or 13 members. It can also establish any other standing or special committee if it so wishes.
 
2.3.4 Hamburg
 
In Hamburg, the Land has all the normal legislative powers of a Land, but also performs the functions of local government.
 
Legislation can be initiated by the following:
  • the City Government;
  • parliamentary political groups;
  • at least 5 Land MPs ;
  • "Public Legislation Initiative".
 
Legislation may arise as a result of a Commission of Inquiry established by the Parliament (which requires the support of at least 20% of the Land MPs to be set up), which is a method which can be used to prepare decisions "of great scope and importance". Members of such Commissions do not have to be Land MPs, but the parliamentary political groups do have the right to appoint at one least representative to such commissions.
 
Proposed legislation, having been presented to the Parliament is devolved to one or more committees, with the aim of reaching a unanimous recommendation to the plenary of the Parliament. If a unanimous recommendation cannot be reached, competing recommendations can be made by the committee to the Parliament.
 
It is common for committees to have the opportunity during the passage of legislation to hear from a wide range of organisations and individuals. Parliamentary political groups often also arrange hearings of this nature prior to the commencement of the legislative process.
 
The Parliament currently has 16 standing committees 34. The Budget and Petitions committee each have 21 members ; the remainder have 13 members.
 
2.3.5 Saxony
 
Legislative proposals can emanate from
  • the Land government;
  • a parliamentary political group;
  • a proposal from at least 6 members of Parliament ; and
  • popular initiative. (If more than 40,000 electors support a proposed bill, it must be placed before the Parliament. If more than 450,000 support it, it is put directly to the people in a referendum, without any decision by the Parliament).
 
When proposed legislation passes through the Parliament, public hearings may take place with experts, non-governmental organisations, associations, trade unions, etc. If proposed legislation is particularly concerned with one local authority, or its area, the Land Constitution requires a hearing to be held.
 
The Parliament considers proposed legislation in three readings. At first reading, the proposer will introduce it to parliament in a short presentation. There can be a debate at first reading, if the Parliament's Presiding Committee recommends, but the debate is confined to a discussion of broad principles. At this stage, the Parliament plenary simply decides whether or not the bill should be referred to a committee.
 
If the bill is referred to a committee, it will discuss the bill and propose any amendments. It will report to the Parliament plenary with a recommendation to adopt the bill (either unamended or amended), or to reject it. At this second reading, a vote is taken after the debate. If no amendments have been made at second reading, the third reading may take place after the end of the second reading. If there has not been a general debate at second reading stage, the third reading will begin with a general debate.
 
The Parliament currently has 13 standing committees 35, each with 11 members (except the Petitions committee which has 28). The committees can require a member of the Land government to attend a meeting, and in turn the Land government has a right to attend and be heard at committees. The committees may set up sub-committees to consider matters in more detail.
 
2.4 Scandinavia : Denmark, Finland, Norway, Sweden
 
The experience and procedures of the Scandinavian Parliaments can be considered to be of relevance to a Scottish Parliament. Although all these Parliaments are of course sovereign rather than devolved Parliaments 36, they share with Scotland a number of common features:
  • relatively small Parliaments (the majority being in the range from 150 to 200, with 349 in the case of Sweden);
  • unicameral systems;
  • populations of a size of the same order as Scotland;
  • they are generally considered to have strong institutions of civil society.
 
They are considered together because although there are distinct features of each Parliament, there are also many similarities, and the countries can be considered to have, to a certain extent, a common political culture. There has also been a reasonable amount of work undertaken to consider the work of the different Parliaments on a comparative basis.
 
The CSG has already received a paper which has considered some features of the parliamentary systems in Denmark and Sweden 37. This section does not seek to present a comprehensive account of the systems in these parliaments, but to highlight some aspects of their experience which may be of particular relevance to Scotland.
 
The Legislative process
 
The essentials of the legislative process by which bills are considered in each Parliament are as follows:
 
Denmark
1. First Reading : debate on principles.
2. Committee stage : optional (but in fact usual)
3. Second Reading : debate on bill in general, then on its individual sections and any amendments moved in standing committee. Vote on the sections of the bill together with any amendments. Bills are frequently referred back to standing committee at this stage.
4. Third Reading: Amendments may still be moved at this stage, and are debated first. Thereafter general debate and vote.
 
Norway
1. Bills normally sent direct to a standing committee.
2. Standing committee stage. Standing Committee produces report.
3. Plenary debate and vote.
 
Finland
1. Optional (but common) Preliminary Debate.
2. Standing Committee reports to Parliament plenary.
3. First Reading. Standing Committee report discussed. No decision taken.
(Bills may be sent to the "Grand Committee" between the first and second reading, but this is of relatively minor importance).
4. Second Reading. General debate, and discussion of each section, with votes if necessary. Amendments may be made at this stage. (Bills will in certain circumstances also be sent to the "Grand Committee" at this stage).
5. Third Reading: Parliament accepts or rejects bill as it now stands.
6. Limited right of President of Finland thereafter to veto bills of Parliament.
 
Sweden
1. A bill is tabled in the Assembly plenary, and is then referred to the appropriate standing committee.
2. Standing Committee stage : consideration of the bill and related initiatives.
3. Plenary debate : general discussion on committee report and any reservations tabled with it. Proposal as presented by standing committee then voted on. Bill may be referred back to the standing committee for further consideration.
 
(In the Faroes, bills normally receive three readings on the floor of the Assembly, but extensive use is made there also of committees).
 
There are other features of the parliamentary system in Scandinavia as a whole which have an important bearing on the lessons to be drawn from their legislative process.
 
(1) In some countries, in particular Sweden, extensive use has been made of Commissions of Enquiry prior to legislation being introduced. These commissions take various forms ; sometimes involving civil servants alone, sometimes involving parliamentarians, and sometimes representatives of interest groups. The government may produce a draft bill for Parliament as a result of the work of such commissions.
 
The use of such commissions has been thought, at least in the case of Sweden, to result in many proposals being brought to Parliament on the basis of widespread consensus prior to legislation, with a resultant likelihood of their being passed with relatively little conflict in Parliament. On the other hand, it has also been suggested that such a practice can lead to inefficiency and lengthy delay in decision-making, together with removal of real power from Parliament.
 
Standing committees in the Scandinavian parliaments have been described as being
 
"small, stable and subject-specific, involving members with a known interest and/or competence in the relevant policy field, supported by a permanent parliamentary staff of variable size." 38
 
It is common for members to serve on committees for more than one term, and thus gain (or frequently further develop existing) specialist expertise. Generally, committees of parliament are considered to be an important part of the policy making process, with a range of powers in connection with the progress of legislation and functions of inquiry and investigation. It is common for them to be able to demand further information from government (typically in the form of written or oral questions to Ministers), or other bodies both within and outside government , to involve representatives of interest groups in discussions, and in some cases seek their own legal advice. They may also make use of working groups or sub-committees.
 
On the other hand, the vast majority of bills that are passed are government bills. Furthermore, the dominant influence at the plenary assembly stage of the passage of legislation is still the party group, limiting, it has been suggested, the deliberative function of standing committees ; and it is the party group which effectively decides which members are appointed to committees.
 
Another commentator concludes that
"standing committees [in the Nordic countries] are not to be compared with committees in the American Congress ... they do not have any lines of communication with public opinion such as those which follow from public hearings, nor do they occupy an independent position as regards the matters which are to be put aside and which are to be proceeded upon." 39
 
It should also be borne in mind that it has been suggested that plenary sessions in at least some of the Scandinavian parliaments are typified by a dullness, a lack of political cut-and-thrust and spontaneity, and a culture that is "deferential and quietist".
 
One other point worthy of comment is that generally the presiding officer in these parliaments normally plays at least some role in the ordering of business of the parliament. In a number of the parliaments he or she can also take part, and vote, in plenary debates, and in some cases also take part in standing committees.
 
2.4.1 Finland : the Aland Parliament
 
Most bills are introduced into the Parliament by the Executive Council (the Islands government), although individual members may introduce bills. Each bill is dealt with three times in the Parliament, and is considered in one of five committees : laws, finance, economy, culture, and social and environmental affairs. Bills may also be sent for further consideration to a committee on standing affairs.
 
All bills have to be approved by the President of Finland. The President has a right of veto in two circumstances (a right more restricted than his right of veto over legislation by the Finnish Parliament). This right may be exercised if the President considers a bill exceeds the legislative competence of the Aland Parliament, or if it contravenes national security. Bills have been vetoed on the first ground reasonably regularly, in the latter case only once. In exercising the veto, the President must base his or her decision on an opinion from the Aland Delegation (see section 6 below) or the Finnish Supreme Court.
 
2.5 Spain
 
Although, as in Germany, each region - "Autonomous Community" has its own Statute of Autonomy, and has a great deal of freedom in its internal organisation, including the organisation of its legislative system, there is in fact much similarity in the legislative process used in the different Communities.
 
In this section, an account is given of the system in the Catalan Parliament, as typical of one of the Parliaments in the more established and more autonomous Communities.
 
2.5.1 Catalonia
 
Bills may either be Government bills or Members' bills (in the latter case, proposed by a parliamentary political group or by a group of members). Members' bills have first to go through a process of Review by the Parliament plenary, when the Parliament decides whether a Members' bill is worth pursuing.
 
If it passes this stage, the Members' bill, together with Government bills (which do not have to go through the Review stage), are sent to an appropriate standing committee. There is then a period of 15 days (which can be extended) when parliamentary groups and members can propose amendments.
 
Thereafter, the relevant committee appoints a sub-committee which can be formed of one or more members, or a representative of each parliamentary group. The sub-committee drafts a Report on the original bill together with any amendments. The Report is debated by the Committee which prepares a Final Report, normally including a new draft of the bill, incorporating any amendments to which the committee has agreed.
 
The Final Report is then debated in the Parliament plenary. In this debate, parliamentary political groups and members can still propose amendments even if previously rejected by the Committee. Once the Parliament plenary approves the Bill in its final form, the measure is promulgated and becomes law.
 
There are special procedures in the cases inter alia of laws concerning the budget, or with certain constitutional implications.
 
The Parliament makes extensive use of Committees. There are six types of Committee. 40
 
  • Legislative Permanent Committees: standing committees which consider bills. They also hear reports from Government Ministers and can summon Ministers to appear to report on the performance of their Ministry. They can also pass resolutions.
  • Non-legislative Permanent Committees: dealing with various matters concerning the organisation and procedure of the Parliament itself.
  • Permanent Committees of the Legislature which have a remit to consider special issues of concern.
  • Committees created by law: committees created by specific legislation, to date of a supervisory or regulatory nature.
  • Committees of Study can be set up on any matter concerning Catalan society.
  • Committees of Inquiry can be established on any matter and to present proposals for Resolution to the Parliament plenary.
 
Committees are made up of members in proportion to the size of the relevant parliamentary political groups. The work of committees is overseen by a Committee Board consisting of the Chair, Vice-Chair, and Secretary. The Chairs are distributed proportionally among the different parliamentary political groups. The committees elect their own Vice-Chair and Secretary.
 
One type of committee, the Committee of Study, can include both Members of the Assembly and outside specialists, allowing them therefore to contribute to the formulation of policy.
 
Table 1 gives information on the legislative activity of the Catalan Parliament during the four completed electoral terms since it was established.
 
TABLE 1
Parliamentary activity of the Catalan Parliament 41
 
 

commencing
10.4.80

commencing
17.5.84

commencing
17.6.88

Legislative term
commencing 3.4.92

Laws passed

78

82

79

44

Resolutions passed

150

165

246

235

lnterpellations -

192

179

235

291

Orai questions at plenary

235

223

428

575

Oral questions at committee

34

320

697

976

Written questions

706

2239

11312

7121

Plenary sittings

83

86

80

67

Committee meetings

372

349

629

452

 
Note: The current legislative term commenced on 5 December 1995, and accordingly the legislative term commencing 3 April 1992 was shorter than the earlier terms.
 
2.6. Austria
 
In the Austrian Länder, legislation can normally be proposed by the following:
  • the Land government;
  • individual MPs;
  • committees of the Land Parliament;
  • public initiative (e.g. petition and/or referendum).
 
In four Länder 42, local authorities can in certain circumstances also make legislative proposals.
 
In practice, however, legislation at Land level is normally initiated by the Land government.
 
Generally, consultation with experts, representatives of local government, and the statutory representatives of professional interests (e.g. Chambers of Commerce, Labour, Engineers, etc.) is an integral part of the legislative process.
 
The main role in the development of legislation is undertaken by the committees of the Land Parliament. After the committee has considered the proposals and any amendments, the final decision is taken by the plenary of the parliament. At committee level especially, the influence of the Land government on the legislature is particularly apparent. The President, Ministers, and officials of the government will normally be represented at committee meetings along with the MPs forming the committee.
 
2.7 Italy
 
The procedure whereby legislation is dealt with in Italian regions is similar to the model of most of the other parliaments studied. In the case of Tuscany, for instance, legislative initiative lies with the individual members of the Regional Council along with "popular initiative" (at the instance of 5000 or more electors, or one or more local councils).
 
The Regional Junta (Executive), however, has the sole power to present proposals for the regional development plan, and on the budget and accounts. (In practice, legislative proposals originate from political groups, although this is not provided for as such in the Region's Statute).
 
Legislative proposals are firstly submitted to the President of the Regional Council and thereafter announced at the next sitting of the Regional Council. If the proposal arises from popular initiative, it must be sent to the Regional Junta to check compatibility with the biennial budget.
 
Proposals then go through a report stage in the relevant committee. After the committee stage, proposals go to full plenary of the Council, first for a general discussion, and thereafter for article by article consideration, at which amendments may be proposed. The President of the Council may send the proposal back to committee for further consideration within a set time limit.
 
The proposal is then referred back to the full Council for a vote article by article. Amendments are still possible at this stage.
 
The Regional Council of Tuscany has at present six permanent committees. (The number will vary from Council to Council. In Liguria, for example, there are currently four standing committees). Members are appointed to reflect the political balance within the full Council. Every member of the Regional Council has the right to be a member of at least one committee, and to participate in the work of all of them. The President of the Regional Junta may take part in any committee, and if requested to, is obliged to do so.
 
2.8 Summary and conclusions
 
The manner in which legislation passes through devolved Parliaments varies immensely, as one might expect, and it is not possible to suggest that there is one particular form of process which is "typical" of the devolved parliament, in Europe or beyond. A number of features are seen in a number of parliaments, however, as follows:
  • it is common for there to be an initial stage in the process where the Parliament plenary decides whether or not a measure should be pursued further. In some cases, this may be a debate on the principles of the measure, but in others, simply a decision on whether a legislative proposal is worth pursuing (in practice these categories may overlap);
  • however, in a number of parliaments, it is possible in practice for proposals from the Government to go directly to committee, without requiring approval from the plenary (e.g. Walloon and Brussels Regions, Catalonia, and some of the Scandinavian state parliaments);
  • after a proposal has been sent to committee, there is a wide variety in the number of "readings" that a proposal may require to have in the full plenary when committees report to it. In many cases only one reading is necessary, but in others more than one reading may be required. Frequently, there is a mechanism allowing for optional further readings. This may be at the initiative of the plenary, or the Government, or those members whose amendments have been rejected at an earlier stage in the process.
  • In every parliament, there is a mechanism where individual members may propose legislation as well as the government. However, this is normally accompanied by measures which give effective priority to government proposals. This may be by introducing a "filter" stage for members' proposals; giving government proposals priority in the timetable; restricting the scope of measures proposed by members (e.g. excluding measures which have expenditure consequences), or requiring support from a certain minimum number of members. In some parliaments, particularly in German Länder, formal recognition is also given to the right of parliamentary political groups to introduce legislative proposals.
  • In a number of regions, particularly the German Länder, provisions are made for direct public input into the legislative process, and to have bills considered by the legislature (or in some cases, with enough support, directly to the electorate for approval by referendum with no involvement by the legislature in the process).
  • In some parliaments, other statutory bodies, at local level, may propose legislation to the regional parliament. Reference is made below in this respect to Austria, but there are some similar provisions in the Basque Country and Catalonia.
  • It appears that in most cases, standing committees of devolved parliaments do not restrict themselves simply to consideration of proposed legislation. Many exercise wider supervisory functions, carrying out the function both of standing and select committees in the Westminster tradition. Even where committees are primarily concerned with legislative proposals, it is common for them in so doing to hold hearings or call for evidence on the proposal so that outside interests can influence the proposal as it passes through the parliament.
  • In most cases, it appears that the provision for public consultation is concentrated on the period when legislation is passing through the committee, although this may be at a very early stage (cf. Quebec). Some pre-legislative consultation does take place, but this is primarily done through the activity of government 43, the political parties themselves - and in some cases, the legislation itself may well have emanated from some form of parliamentary enquiry. Parliamentary enquiries can include non-MPs in their membership in some countries.
  • There appears to be no widespread use of one committee playing some type of general supervisory or co-ordinating role in the consideration of new legislation. There may be a committee with the responsibility of co-ordinating the work of the committees, but this will be more concerned with practical arrangements for timetabling and similar matters. It is suggested that the required co-ordination of the legislative programme arises from the fact that in every parliament studied, it is clear that the relevant Government is the source of the vast majority of legislation.
 
TABLE 2
BELGIUM : COMMITTEES OF THE REGION AND COMMUNITY PARLIAMENTS
 
Committees of the Walloon Region Parliament
 
Budget, General Purposes, and External Relations
Economy, Small and medium enterprises, Agriculture, External Commerce, and Tourism
Technology, Research, Employment and Training; Internal Affairs
Planning, Transport, and Public Works
Environment and Natural Resources
Social Affairs, Housing, and Health
Rules and audit
Investigation committee
Committee for co-operation between the Walloon Region, the French Community, and the French Community Commission of Brussels;
Committee for cooperation between the Walloon Region and the German-speaking Community;
Advisory committee on European affairs
Advisory committee on Equal Opportunities for men and women
 
Committees of the Brussels-Capital Region Parliament
 
Finance
Infrastructure
Urban planning
Housing
Environment
Internal affairs
Economic affairs
 
[also Committees of the Brussels Joint Community Commissions:
 
Health
Social Affairs]
 
Committees of the German-speaking Community Council
 
Finance, petitions, co-operation, and general purposes
Culture
Education and training
Health and social affairs
Enquiry committee
 
Committees of the French Community Council
 
Finance, Budget, Parliamentary Rules and Procedure
Culture and Media
Education
Higher education and scientific research
Health, Social Affairs, Sport, and Youth
International relations
Inter-community cooperation
Inter-regional cooperation
Cooperation with the French Community Commission of Brussels
 
Committees of the Flemish Parliament
 
Internal affairs, urban renewal, and housing
External and European affairs
Culture and sport
Finance and Budget
Environment
Media
Education, training, and research
Rules and cooperation
Regional planning, public works, and transport
Constitutional reform, petitions, and general purposes
Investigations
Welfare and health
Employment and economic affairs
Brussels and Flemish Brabant advisory and consultative committee
Working group for equal opportunities between men and women
 
TABLE 3
COMMITTEES OF THE PARLIAMENT OF CATALONIA
 
Legislative Permanent Committees
 
Committee on Organisation and Administration of the Generalitat and Local Government
Committee on Justice, Law, and Public Safety
Committee on the Economy, Finance and the Budget
Committee on Industry, Energy, Commerce and Tourism
Committee on Agriculture, Livestock, and Fishing
Committee on Territorial Policy
Committee on Cultural Policy
Committee on Social Policy
 
Non-legislative Permanent Committees
 
Committee on Rules of Procedure
Committee on the Statute of Deputies
Committee on the Internal Administration of Parliament
 
Committees created by law
 
Committee on Parliamentary Control over the Activities of the Catalan Broadcasting Corporation and its affiliates
Committee on the Ombudsman
Committee on the Audit Office
 
Permanent Committees of the legislature
 
Permanent Committee on promoting Equality of Men and Women
Permanent Committee on European Union and External Affairs
 
TABLE 4
STANDING COMMITTEES IN FOUR GERMAN LANDER
 
Upper Saxony
 
Internal Affairs
Economy, Technology, and European Affairs
Law and the Constitution
Agriculture
Employment, Health, and Social Matters
Education and Science
Finance
Culture and Media
Regional Planning and the Environment
Housing, Urban Planning, and Transport
Petitions
Equality, Youth, and Sport.
 
Schleswig-Holstein
 
Internal and legal affairs
Finance
Education
Agriculture
Environment
Economic
Social
Petitions
European
 
Hamburg
 
Budget
Petitions
Schools
Science and Research
Building and Traffic
Port and Economics
Interior and Public Services
Youth, Welfare and Sports
Constitution, Rules of Procedure, and Election Scrutiny
Social Affairs
Health
Environment
Equal Opportunities
Culture
Urban Development
Legal.
 
Saxony
 
Internal Affairs
Social Affairs, Health, Family and Women
Economy, Labour and Technology
Budget and Finance
Science, Higher Education, Culture and the Media
School Education, Youth and Sport
Agriculture, Food and Forestry
Constitutional and Legal Affairs
Housing, Building, and Traffic
Petitions
Standing Orders and Parliamentary Privilege
Environment and Regional Development
European Affairs.
 
TABLE 5
STANDING COMMITTEES IN QUEBEC AND SASKATCHEWAN
 
Quebec
 
Committee on the National Assembly
Public Administration
Institutions
Public Finance
Social Affairs
Labour and the Economy
Agriculture, Fisheries, and Food
Planning and the Public Domain
Education
Culture
Transportation and the Environment
 
Saskatchewan
 
Agriculture
Communication
Crown Corporations
Education
Estimates
Municipal Law
Non-controversial Bills
Private Members' Bills44
Privileges and Elections
Public Accounts
Environment
Constitutional Affairs
 

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