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Honourable
Chairman, Distinguished Guests, Ladies and gentleman
I
am very much pleased and deeply honoured for giving me
the opportunity to make presentation at this
International Conference on Comparative Constitutional
Law "Parliamentary Committee Systems". I
would, first of all, like to express my gratitude to the
organizers of this conference for inviting me to
participate in it. Bangladesh has a long tradition and
history of struggle for democracy. But compared to this
tradition there are limitations in the governance of the
country in a democratic manner. Over the last fifty
years the people of this country were expecting the
establishment of their democratic rights and that was
the main point of their demands and long lasting
movement. The historic language movement of 1952 and all
other movements had the same aims and objectives of
establishing democracy and national rights of the
people. Bangabandhu Sheikh Mujibur Rahman raised the
historic 6 - point demand for the national autonomy and
parliamentary democracy together. In the historic 11 -
point movement of 1969 the same demands were reiterated.
People of Bangladesh voted in favour of 'Jukta Front'
alliance in 1954, fought against the military rule of
General Ayub and voted in 1970 for Awami League led by
Bangabandhu for establishing democracy and their
national rights. But unfortunately in independent
Bangladesh also people of this country faced military
rule, time and again, which hampered the growth of
democracy. Military rule and vote rigging by the ruling
parties stood in the way of good democratic
parliamentary practices. The people of the country had
to sacrifice a lot for establishment of democracy and
their voting rights. After the emergence of Bangladesh,
parliamentary democracy was established under the
leadership of the Bangabandhu Sheikh Mujibur Rahman. It
started the democratic process of governance by the
introduction of a democratic constitution within ten
months, with provisions for parliamentary committee
systems in it. In Article 67 of the Constitution and
Rules 187-266 of chapter 27 of Rules of Procedure of
Parliament, the committee structure, its scope of work
jurisdictions etc. have been described. After a long
time this committee system has further been strengthened
by bringing a few very significant reforms by the Leader
of the House and Prime Minister Sheikh Hasina, the
daughter of Bangabandhu Sheikh Mujibur Rahman, after the
formation of the 7th Jatiyo Sangsad.
I
believe firmly that it is good people that make good
nations. And Bangladesh has been fortunate over the
years to attract smart and resourceful people to lead
our country. We have created a culture in Bangladesh
during the last few years that gives people the freedom
to try new ideas and develop and manage new initiatives
in a decentralized way, with a minimum of hierarchy,
bureaucracy and oversight. The Government of our
Honourable Prime Minister Sheikh Hasina have found these
principles very useful during the last three years and
we are committed to maintaining them in the future.
The
Committee Structures and Systems of Bangladesh
Parliament
The
Rules of Procedure provide for three types of committee:
1.
Select Committee: Established to examine Bills referred
to it and report to the Parliament. Its tenure ends with
the submission of the report based on its specific terms
of reference.
2.
Special Committee: Its composition and functions are
specified in the motion for its appointment. Its tenure
ends with the submission of the final report based on
its specific terms of reference.
3.
Standing Committee: This generally takes two forms (1)
those nominated by the Speaker and (2) those appointed
by the House.
Standing
Committees and their Functions: Appointment of Committee
and Chairman
P
arliament shall, as soon as may be, after the
inauguration of each new Parliament, appoint the
Standing Committees on each Ministry which may, subject
to the Constitution and to any other law:
(a)
examine draft Bills and other legislative proposals;
(b)
review the enforcement of laws and propose measures for
such enforcement;
(c)
examine any other matter referred to them by Parliament
under Article 76 of the Constitution; [ Rule-246]
No
member shall be appointed to a committee who has a
personal pecuniary or direct interest in any matter
which may be considered by that committee. Nor shall a
member be appointed to a committee if he is not willing
to serve on it. The proposer shall ascertain whether the
member whose name is proposed by him is willing to serve
on that committee. [Rule 188]
The
Chairman of the Committee shall, unless designated by
the House, be elected by the committee from amongst the
members of that committee. [Rule 191]
In
fact, Standing Committees are permanent committees and
they have regular functions in overseeing the
governmental activities. In 1974 there were only 11
committees in Parliament. Today 46 parliamentary
standing committees are working. This increase indicated
the development of parliamentary democratic systems in
the country. Out of this number only the following four
committees are nominated by the Speaker.
Composition
of the Standing Committees appointed by the Speaker
| Name
of Committees |
No.
of Members
|
Chairperson |
| Business
Advisory Committee |
15 |
Speaker ex-officio
|
|
House Committee |
12 |
Nominated by Speaker |
|
Library Committee |
10 |
Deputy Speaker
ex-officio |
| Committee on
Petitions |
10 |
Nominated by Speaker |
The salient and distinctive features of the Standing
Committees nominated by the Speaker are as follows:
· A Minister
cannot sit as a Chairman or as a member of the Committee
on Petitions.
· The Speaker
and Deputy Speaker act as ex-officio Chairperson of two
Committees.
· The other two
Committees Chairpersons are also nominated by the
Speaker.
· Members of the Committees are nominated by the
Speaker only.
Composition
of the Standing Committees Appointed by the House
| Committee |
No.
of
Members |
Chairperson
|
| Privileges |
10 |
Appointed
by Parliament |
| Public Accounts |
15 |
Appointed
by Parliament |
| Public Undertakings |
10 |
Appointed
by Parliament |
| Estimates |
10 |
Appointed
by Parliament |
| Government
Assurances |
8 |
Appointed
by Parliament |
| Private
Members' Bills & Resolutions |
10 |
Appointed
by Parliament |
| Rules
of Procedure |
12 |
Speaker ex-officio |
| Standing
Committees on Ministries |
10 |
Appointed
by Parliament |
Functions
of the Committees
Each
such Standing Committees for Ministries shall meet at
least once in a month and the functions of a Committee
shall be to examine any Bill or other matter referred to
it by Parliament to review the works relating to a
Ministry which fall within its jurisdiction, to inquire
into any activity or irregularity and serious complaint
in respect of the Ministry and to examine, if it deems
fit, any such other matter as may fall within its
jurisdiction and to make recommendations. It shall be
the function of the Committee to recommend the time that
should be allocated for the discussion of the stage or
stages of such Government Bills and other business as
the Speaker in consultation with the Leader of the
House, may direct for being referred to the Committee.
[Rule - 220]
The
functions of the Parliamentary Committees in a nutshell,
are to:
·
examine draft bills and legislative proposals.
·
inquire into any activity or irregularity or complaint
in respect to the Ministry.
·
review the work relating to the Ministry.
·
examine any other work within its jurisdiction.
·
submit reports to the Parliament as per their specific
terms of reference.
·
ensure transparency and accountability in the working of
the Ministries.
·
ensure reflection of the people's hopes and aspirations
in the appropriate manner to the implementing
Ministries.
·
suggest and recommend measures relating to its functions
to the Speaker, Parliament and Leader of the House, as
it deems fit under the purview of the committee.
·
maintain cooperation among the committee members,
government organizations and people on matters relating
to the public interest.
Disposal
of the Committees Business and Powers
·
Quorum: The quorum to constitute a sitting of a
committee shall be, as near as may be, one third of the
total number of members of the committee. [Rule - 192]
·
Voting: All questions at any sitting of a Committee
shall be determined by a majority of votes of the
members present and voting. [Rule - 194]
·
In the case of an equality of votes on any matter, the
Chairman, or the person acting as such, shall have a
second or casting vote. [Rule - 195]
The
salient and significant features of the committees of
the House are as follows:
·
No Minister will sit as a chairperson or as a member of
the standing committees on (1) Public Accounts (2)
Estimates and (3) Public Undertakings.
·
A member elected to any of these three committees
vacatesposition in the committee if she/he is appointed
as a Minister.
·
The standing committees on Ministries are known as
departmentally related standing committees, These
committees form the largest group and perform identical
functions relating to ministries.
·
Each committee is required to meet at least once a
month.
·
These committees have powerful functions by virtue of
their powers under the Constitution and the Rules of
Procedure.
·
Every standing committee, as referred to in Rule 246
shall consist of not more than ten members including the
Chairman, other than committees on Public Accounts and
Rules of Procedure.
·
Members including the Chairman shall be appointed by the
House, provided that a Minister shall not be the
Chairman of the Committee.
·
If a member, after being elected as Chair, is appointed
is Minister, he shall cease to
be the Chairman of the Committee from the date of
such appointment.
·
The Minister-in-Charge, or if there is no Minister, the
Minister of the State or if
there is no Minister of State, the Deputy
Minister of a Ministry, shall be the ex-officio member
of the Committee provided he is a Member of Parliament.
·
Even if the Minister-in-Charge or the Minister of State
or the Deputy Minister of a Ministry is not a Member of
Parliament, he may remain present in the meeting of the
Committee and take part in the proceedings but shall
abstain from voting.
·
If there is no Minister in-Charge or Minister of State
or Deputy Minister of a Ministry, the Leader of the
House shall nominate a member of the Cabinet to the
Standing Committee of such Ministry and if
he is a Member of Parliament, he shall be a
member of the Committee and if he is not a Member of
Parliament, he may remain present in the meeting and
take part in its proclaims but shall abstain from
voting. [Rule-247]
All
the chairmen of the committees are elected together with
members directly by the Parliament.
·
The sittings of a committee shall be held on such
days and at such hours as the chairman of the committee
may fix. Provided that if the chairman of the committee
is not readily available, the Secretary may fix the date
and time of a sitting. Provided further that in the case
of Select Committee on a Bill, if the chairman of the
committee is not readily available, the Secretary may,
in consultation with the Minister concerned, fix the
date and time of a sitting. [Rule-l97]
·
Power to make suggestions on procedure: A
committee shall have power to regulate its own
procedure. A committee may obtain co-operation and
advice from any expert in its respective field, if
deemed necessary. [Rule-213]
·
Power to send for persons, papers and records: A
committee shall have power to send for persons, papers
and records. If any question arises as to whether the
evidence of a person or the production of a document is
relevant for the purposes of the committee, the question
shall be referred to the Speaker whose decision shall be
final. Government may decline to produce a document on
the ground that its disclosure would be prejudicial to
the safety or interest of the State. [Rule 203]
·
Sitting of Committee in Private: The sittings of
a committee shall be held in private. [Rule 199]
·
A witness may be summoned by an order signed by
the Secretary and shall produce such documents as are
required for the use of a committee.
·
It shall be in the discretion of the committee to treat
any evidence given before it as secret or confidential.
·
No document submitted to the committee shall be
withdrawn or altered without the knowledge and approval
of the committee.[Rule-202]
Reviewing
situations and observations
In
the past, chairmen of the parliamentary standing
committees on Ministries were the concerned Ministers.
That hampered the active participation of the members
and accountability of the Government. The Constitution
of this 7th Parliament, following the 1996 election the
Prime Minister and Leader of House Sheikh Hasina,
initiated establishment of transparency and
accountability of the executive to the legislature.
Special emphasis has been given to activating and
further stimulating the committee system. At her
initiative the Parliament had amended the Rules of
Procedure regarding chairmanship of the standing
committees of Parliament. It has now been established
that a non-minister Parliament Member should be the
chairman of the standing committees. It has made a
fundamental change in the activities and system of the
committees. This will have a long lasting effect even in
future parliaments. In these committees both government
and opposition members have the scope of participation.
Almost all Members of Parliament are members of one or
more committees. The committee system and its activities
also go a long way in establishing personal
relationships between Parliament Members. This has a
positive role in strengthening parliamentary democracy.
Following
are various observations, on the progress and problems
in committee activities:
·
Interests on and the importance of the committee has
been emphasized because of the election of non-minister
Parliament Members as chairman of the committees.
·
Committees are meeting regularly and functioning.
Government and opposition Parliamentarians are working
well together.
·
Ministries are becoming more accountable. Ministries are
attaching much importance on the activities, decisions
and discussions of the committees.
·
People's awareness of and interest in committees has
greatly increased. People from different corners are
approaching the committees for solutions of their
problems.
·
Committee activities also create accountability and
transparency of related sectors of the Ministries.
·
Even after a year of formation of the committees,
establishment of office, staffing and necessary
logistics for many committees have not yet been
finalised.
·
Implementation of the decisions and recommendations of
the committees are not mandatory for the government.
Nobody knows the fate of those decisions and
recommendations.
·
Is in many cases, Members remain busy considering the
problems and scope of works
for their constituency. This hampers national
perspective and priorities.
·
Chairmen are running the committees based on their own
experience and judgement without any guidelines and
training.
Recommendations
·
Immediate steps for the establishment of office, staff
and logistics for the chairman of the committees have to
be taken so as to develop the committee system and its
activities.
·
A training program for the Chairmen has to be organised
to develop their abilities.
·
There could be a quarterly and half-yearly meeting with
the Speaker to discuss
problems and prospects.
·
There could be a meeting with the Leader of the House at
least half yearly.
·
An expert from a panel of experts should be attached to
each committee which might
be
helpful in guiding the committees on the specialised
subjects.
·
Implementation of the decisions and recommendations of
the committees should be monitored.
·
A definite procedure has to be established for the
implementation of the decisions and
recommendations of the committees.
·
Committees have to find ways to respond to the hopes and
aspirations of the people,
who approach the committee for their problems and
demands.
·
There should be specific budget allocations for each of
the committees.
Conclusions
Despite
all the problems and issues, the committees are active.
The public has also shown interest in their functions.
People are meeting chairmen and members with their local
problems and plans. In reality, committee chairmen and
members have limited scope to look into their problems.
Government is taking interest in making the committee
system active. To stimulate the committee activities
further the following measures are to be taken:
·
Both the government and opposition parties have to
extend their best possible cooperation to the committee
activities.
·
All activities of the committees have to be performed
according to the Constitution and Rules of Procedure.
·
Specific steps have to be taken to implement the
decisions and recommendations of
the committees.
honourable Chairman, Distinguished guests, ladies and
gentlemen, I thank all for your patience. We all hope
the deliberations of the conference would help guide us
in strengthening the committee system in our
Parliament.
Thank you.
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