Report 16th Commonwealth Speakers' and Presiding Officers' Conference, Kasane, Botswana 8- 13 January 2002

Introduction

1. I attended this Conference as an observer in my capacity as Speaker of the Northern Ireland Assembly. I was accompanied by my Private Secretary, Georgina Campbell.

Tuesday 8 January 2002

Delegates arrived in Kasane on the afternoon of 8 January. The Members of the Standing Committee met at 4.30pm in the Conference hotel, the Mowana Safari Lodge. The Standing Committee for the Botswana Conference was made up of the Speakers and Presiding Officers from:

Botswana Bangladesh
Barbados Papua New Guinea
Tanzania India
Australia Canada
Singapore United Kingdom
Zimbabwe Kenya
St Vincent Grenadines

The remainder of the delegates had a few hours to settle at their hotels and to recover from their journey.

3. That evening, delegates met at a reception at the Chobe Marina Lodge, hosted by the Speaker of the Botswana Parliament, Hon Ray Molomo. This was an excellent opportunity for delegates to renew old acquaintances and to make new ones.

Wednesday 9 January 2002

4. The Official Opening Ceremony began at 9am on Wednesday 9 January in a large marquee in the grounds of the Conference Hotel. Guests were entertained by a very enthusiastic Police Band while they awaited the arrival of the Speakers, Presiding Officers and the platform party. Mrs Connie Mompei, the Clerk of the Botswana Parliament introduced the proceedings.

5. Formal proceeding began with the arrival in procession of the Speakers and Presiding Officers resplendent in their robes. These ranged from the President of the Tynwald in full robes, including black stockings, buckled shoes, a heavily embroidered gown and a full wig, to the Speaker of the Nigerian Parliament, a very tall man, who wore white calico trousers, a short matching smock and a bowler hat!

6. The red carpet was then rolled out for the arrival of the His Excellency the President of the Republic of Botswana, Mr Festus G Mogae, who was the guest of honour. During his speech, President Mogae described the Commonwealth as "a formidable force for public good ..capable of bringing together some of the world's biggest and smallest states." He said that parliaments form the cornerstones of the democratic process that have enabled the Commonwealth to be at the forefront of enhancing democracy and good governance. President Mogae said that the Conference offered delegates the opportunity to share experiences and best practices across continents. Other speakers were Speaker Molomo and Mr Neil Andrew, Speaker of the Australian Parliament.

7. In addition to the very splendid Police Band, delegates were entertained by the Zebra Crime Prevention Choir who sang an anthem specially written for the occasion. The composer managed to include the phrases "Speakers and Presiding Officers", "good governance" and "buffalos, giraffes and elephants"! It was interesting to note that feminism has not quite made its mark in Botswana - the national anthem has a chorus which includes the words:

"Awake, awake! O men awake

And women close behind them stand"!

8. A buffet lunch followed the Opening Ceremony at which the choir again

entertained guests. President Mogae joined the choir for a final very lively song, following which he danced his way out of the hotel to his Presidential limousine, followed by his bodyguards and the choir - all dancing!

9. After lunch it was down to work. The Opening Plenary consisted of:

• Chairperson's Opening Remarks
• Adoption of the Agenda for the Conference
• Election of two Vice Chairpersons
• Chairpersons Presentation of the 2001 Report of the Standing Committee on the Standing Rules

10. In his opening remarks, Speaker Molomo made the following comments:

• The Speaker's Conference is a club, not a political organisation,

• There is a need to return to the stated aim of the conference. The conference should not get entangled in international matters or comment on them. Nor should it express sympathy for one side or the other in international conflicts, including commenting on punitive measures against Saddam Hussein. He emphasised that these are all matters for politicians, whereas Speakers are referees.

• The purpose of the Conference is to learn from each other about relations with Members of Parliaments and Assemblies in order to ensure that the business of the House is conducted with proper decorum.

11. The Agenda for the Conference was approved and the following were elected as Vice Chairs of the Standing Committee:

• Speaker Siddiiqui of Bangladesh
• Speaker Pandor of South Africa (National Council of the Provinces)

12. The Report of the Standing Committee on the Standing Rules was formally adopted.

13. Delegates divided into Ad Hoc groups for the remainder of the day to discuss the following topics:

• Information Technology (papers presented by Namibia and Botswana)

• Parliament and the Judiciary (papers presented by South Africa and Mozambique)

• Parliamentary Education for Youth (paper presented by Australia)

• Role of the Speaker in Administration

• Challenges to the independence and relevance of Parliaments

• Reconciling the tensions between Speakers' political allegiances and their duty of impartiality in presiding over the House

• Special Challenges faced by Speakers and Presiding officers since the 2000 Conference in Canberra

14. The day finished with a formal dinner hosted by President Mogae.

Thursday 10 January 2002

15. The morning and afternoon sessions consisted of the presentation of papers and discussion of the reports of the Ad Hoc Groups. (Copies of the discussion documents and Reports are available as indicated from John Ross on request.) Some of the points emerging from the discussions were as follows:

Information Technology (Papers by Botswana and Namibia available on request)

• IT is an important tool for increasing public participation (schools, community organisations etc) allowing for enquiries and the submission of views on, for example, legislation.

• IT allows the public in remote areas to maintain contact with the legislature.

• The provision of more and more information does not necessarily reduce voter apathy in fact there is evidence that it can increase apathy amongst voters.

• Speed of response to queries, which the use of IT allows, is not always necessary or desirable.

• Electronic voting reduces the valuable contact and communication between Ministers and backbenchers which going through the lobbies provides.

• IT can result in information overload which should be avoided.

• There is no substitute for face to face contact.

Parliament and the Judiciary (papers from South Africa and Mozambique available on request)

• One of the most important recent changes in South Africa was the move from the supremacy of Parliament to the supremacy of the Constitution where the application of law is now "without fear, favour or prejudice".

• The doctrine of supremacy is not always welcome to MP's in relation to the Courts, but is welcome in respect of the Executive.

• The separation of the judiciary and the legislature is the best guarantee of human rights so that Parliament makes laws and the judiciary applies it.

• Parliament is subject to the rule of law and should not be able to challenge the decision of a Court.

• In Bowswana, the Courts can declare an Act of Parliament invalid and against natural justice.

• In the UK, Hansard can be used by the courts to ascertain Government's intention when explaining the provisions of an Act of Parliament (Pepper and Hart doctrine)

• In the UK, cases where proceedings are active should not be referred to in a Motion.

• In Mozambique, Parliament is briefed annually by the Attorney General. Parliament ratifies the appointment of the Chief Justice and elects one third of the Superior Court of Magistrates.

• It is vital that the various organs of State respect each others' independence. The position of the Speaker is crucial in maintaining the separation of powers especially in preventing the intrusion of parliament by the executive.

Parliamentary Education for Youth (Papers from Australia and Singapore available on request)

• There is a need to develop respect for Parliament and its procedures among the public, especially young people. Interestingly the motif of the Botswana Parliament incorporates the "strapline" "Our Parliament - Our Pride".

• Politicians need to set a good example and not abuse privileges. They should aim to perform their functions well.

• It is essential to raise the profile of Parliament amongst young people through for example, publicity programmes, youth policy fora, youth civil groups, youth councils, workshops, events, interaction between young people and politicians etc.

• In order to ensure succession in politics and the preservation of parliamentary democracy, it is essential to engage young people by placing youth related issues on the parliamentary agenda and by expanding the channels of communication between young people, parliament and politicians.

• Parliaments should organise induction programmes for young people interested in entering politics.

• It is advisable for Parliaments and political parties to recognise the importance of encouraging young people to become elected Members and so contribute to the "renewal" process.

• Youth Parliaments are useful but are not sufficient on their own. Young people must be encouraged to see politics as an honourable profession through for example citizenship classes in schools, involvement with other countries and links to other parliaments through IT facilities.

• Links can be forged with community groups and organisations such as Rotary to help promote involvement in and engagement with parliament.

• Considerable work has been done in Australia and Canada and more recently in Scotland, to encourage young people's interest and involvement in parliament. This work is an excellent example to others and each of the Parliaments concerned is very willing to offer help and advice in this area.

Role of the Speaker in Administration (No paper available)

• Some parliaments were experiencing problems with absenteeism. Others advised that this had been addressed by, for example,
• requiring the leave of the Speaker for any absence;
• payment of members on attendance only;
• members losing their seats after three consecutive absences or after a specified period of absence on the decision of the Speaker;
• all decisions requiring 50% attendance;
• making attendance records available to the public.

• In Malawi, the Speaker is elected by a simple majority but can only be impeached by a two thirds majority. He must be allowed to defend himself. In Ghana the majority in favour of impeachment must be two thirds of all members, not just those voting.

• In Botswana, there must be a one third majority to allow a motion of no confidence in the Speaker to be debated.

Challenges to the independence and relevance of parliament (Report from ad hoc group available on request)

This paper was presented without discussion. The conclusion of the Group was that maintaining and increasing the independence and relevance of Parliament was a matter of major concern. Although some responsibility in this regard rests with parliaments and individual parliamentarians, the majority of the responsibility rests with the Speaker who must guard the parliamentary processes and represent the parliament to the Executive. The aim should be to move to a position where the real as well as apparent independence and relevance of the parliamentary institution is applied.

Reconciling the tension between Speakers' political allegiances and their duty of impartiality in presiding over the House (Report from ad hoc group available on request)

• The question arose as to whether any individual assuming the office of Speaker could be truly impartial. The consensus was that this was unlikely since it would imply indifference and politicians are never indifferent!

• An important distinction was drawn between strict impartiality in terms of political beliefs held and strict impartiality in terms of the application of the rules of parliamentary procedure which the Speaker is required to interpret and uphold.

• It was agreed that it is when Speakers cease to be perceived as impartial and fair that their difficulties occur.

• It was agreed that positive perceptions of fairness can be enhanced by grounding all decisions firmly in the rules and precedents governing the parliament; ensuring that the parliamentary rationale for all decisions is clearly explained, and by seeking opportunities to enhance the confidence in the Speaker which the House has shown in selecting him or her.

Special challenges since the 2000 Conference (Report from ad hoc group available on request)

Comments arising from this report related to problems which arose when a member changes parties. In some parliaments this resulted in the members concerned forfeiting their seats as a result of a Speaker's ruling. The issue of Members sitting in seats which had not been allocated to them was resolved in some cases by the Speaker not calling them to speak. Other parliaments experienced problems when the Speaker was enjoined in disputes between parties; the Speaker was petitioned by lobby groups to ensure that Members voted as they had promised; the Speaker was expected to rule on the adequacy or relevance of a response to an Oral Question; the release of information to the press before Members were informed; unparliamentary language; the abuse of privilege.

16. In the evening, the Botswana Minister for Trade, Industry, Wildlife and Tourism, the Hon T Seretse MP hosted a dinner for Speakers and Presiding Officers, whilst officials were entertained to dinner by Mrs Connie Mompei, the Clerk of the Botswana Parliament.

Friday 11 January 2002

17. This was devoted to sightseeing. It started at 5.30am with a game drive and concluded with a trip across the border to Zimbabwe to see the Victoria Falls. It was an excellent opportunity for informal discussions and networking. The evening was free and Sir David Steele kindly invited Lord Alderdice and his Private Secretary to dine with himself, Bill Thompson the Head of Chamber Services in the Scottish Parliament, Lord Tordoff, the Chairman of Committees in the House of Lords and Lady Tordoff.

Saturday 12 January 2002

18. The Closing Plenary consisted of:

• A presentation by the Secretary General of the Commonwealth Parliamentary Association, Mr Denis Marshall on the work of the CPA.

• The discussion of the Report of the Standing Committee on the Standing Rules and the election of the Standing Committee for the 2004 Conference which it was agreed would consist of the Speakers from:

Bangladesh (Speaker Sircar) (Chair)
Botswana (Speaker Molomo) 
Namibia (Speaker Tjitendero)
Ghana (Speaker Adjetey)
Mauritius (Speaker Rahman)
India (Speaker Balayogi) 
New Zealand Speaker Hunt)
United Kingdom (Speaker Martin)
Canada (Speaker Milliken)
Dominica (Speaker Knights)
Vanuatu (Speaker Kalpokas)
Nauru (Speaker Scotty)
Singapore (Speaker Tan)

• The decision on the venue for the 2004 Conference which it was agreed would be hosted by Speaker Jamir Uddin Sircar in Bangladesh in early January to facilitate the attendance by Speakers and Presiding Officers before the end of the Christmas/New Year Recess.

19. In the evening, Speaker Molomo hosted the end of Conference dinner. For those interested in the culinary delights of Botswana, some of the more unusual dishes enjoyed by delegates at this traditional banquet included ostrich sausages, impala stew, crocodile tail, biltong (dried beef), and roasted caterpillars!

Sunday 13 January 2002

20. Delegates departed Kasane in the midst of a tropical thunderstorm!

Conclusions

21. Unlike previous Conferences which tended to be held at the Parliaments of the various venues, the Botswana hosts took the decision not to hold this Conference in the country's capital but instead to locate in a rural area on the edge of the Chobe National Park. This turned out to be an excellent decision. It created an atmosphere which had just the right balance of formality. The surroundings and the general ambiance served to break down barriers and to encourage a much greater level of discussion and informal networking amongst Speakers/Presiding Officers and officials than more a more formal setting would have allowed.

Action Points

22. These are as follows:

• The Speaker to send a letter of thanks to Speaker Molomo.

• The Speaker to write to Sir Michael Davies, Clerk of Parliaments, to congratulate him on his knighthood.

• Analyse the papers presented to the Conference and the reports of the Ad Hoc Groups to identify any lessons/possible points of action for the NI Assembly.

• Incorporate the paper on IT and the findings of the IT ad hoc group into the paper prepared jointly by Lord Alderdice and President Louvin for the CALRE Madeira Conference.

• Denis Marshall, Secretary General of the CPA to be invited to speak to the NI Assembly Branch of the CPA.

• The Speakers of the Scottish Parliament, Welsh Assembly, House of Lords, House of Commons, the Bailiffs of Jersey and Guernsey, the President of the Tynwald and Speaker of the House of Keys, the Speakers of the Seanad and the Dail, to be invited to a "Speakers of the Isles" Conference in Belfast in the summer.

• The Speaker to write to the Minister for Education to ask for his assistance in seconding teachers to help with the Assembly's education programme for schools.

• The Assembly to make contact with the Youth Wings of the various political parties and to invite nominees to a reception and information session.

• The Assembly to arrange a reception for teachers as a part of its education strategy.

• The Assembly to research the methods used by the Scottish, Canadian and Australian Parliaments to involve young people in politics and the parliamentary process.

• The Private Secretary to send information about the services of NICO, the incentives offered by the IDB to investors and details of training by the Department of Employment and Learning for graduates, to the Private Secretary to the Speaker of the Parliament of Uganda.

• Give booklet on Singapore Parliament to Allan Black as a possible model for a booklet on the Assembly.

• Arrange for work to commence on a "Speaker's Handbook" for the NI Assembly. This should include a section on the issue of sub judice with reference to House of Lords and House of Commons motions.

LORD ALDERDICE
Speaker, Northern Ireland Assembly