Rosalea Hamilton | Strengthen, not weaken parliamentary committees chairmanship tradition

On the heels of a big majority win (49-14) in the House of Representatives in last month’s general election, the decision by Prime Minister (PM) Andrew Holness to end the tradition of opposition chairmanship of parliamentary committees (PCs), established by former PM Bruce Golding, is troubling. It is worth noting that previous attempts to do so since 2018 failed, with pushback, including from former PM Golding, highlighting the importance of checks and balances in our parliamentary democracy. This tradition that seeks to strengthen our democracy is especially necessary now when the JLP’s significant advantage in Parliament brings an even greater demand for transparency, accountability, and good governance. It ought to be further strengthened, not weakened, by addressing persistent democratic concerns about whether Executive decisions are in the public’s interest and consistent with the will of the Jamaican people.

At issue is the chairmanship of the following four PCs, or “sessional committees”, established to examine relevant policies and to monitor sector performance: 1) Internal and External Affairs; 2) Economy and Production; 3) Human Resource and Social Development; and 4) Infrastructure and Physical Development. The rationale for ending opposition chairmanship is that the committees met infrequently and were ineffective in providing oversight. National Integrity Action (NIA), the Jamaica Accountability Meter Portal (JAMP), the Jamaica Chamber of Commerce (JCC), The Gleaner editorials, and others have made solid suggestions to remedy these problems without the need to change opposition leadership, including establishing government back-bencher deputy chairs and rules to ensure regularity of meetings. With additional staff and other needed resources, the problems highlighted can be addressed without weakening opposition leadership of oversight.

However, effective oversight through the PCs also requires ensuring that the voice of the Jamaican people can be heard in parliamentary decision making, indirectly through their MPs as well as directly through submissions from citizens and stakeholder meetings. If opposition chairmanship perpetuates the status quo of representing the party line rather than the will of the people, oversight will still prove to be ineffective. The party in the majority continues its executive dominance of the legislature even with opposition chairmanship.

In other jurisdictions, like India, PCs function on a non-partisan basis by convention. This enables MPs to rise above the narrow considerations of their party’s interest, and jointly, on a bipartisan basis, search for the truth in the public’s interest. Such a convention (or Parliamentary rule) opens the door to unfettered representation of the will of the people by MPs who are not privy to Cabinet deliberations and whose collective bipartisan decisions form an effective check on the alignment of Cabinet decisions with the interest of the people.

Submissions from Citizens

Importantly, oversight through the PCs should ensure that the voice of the people can also be heard directly in shaping decisions. Standing Order 73C provides that the Economy and Production, Human Resources and Social Development, and Infrastructure and Physical Development Committees have the duty of, among other things: “receiving submissions from citizens and organising meetings between citizens, community groups, sectoral organisations, Members of Parliamen, and representatives of government agencies to facilitate exchange of views on the operations of the Government and their effect on communities and groups in the society”. This Standing Order provides an important opportunity for citizens to actively participate in government oversight and to have a say in parliamentary decisions. Here, diverse stakeholders and experts have an opportunity to share their unique perspectives and to enrich scrutiny of governmental activities.

‘How We Manage Gov’t’ Matters

On September 7, 2020, in his King’s House swearing-in speech, PM Holness told the nation that he would “seek to prevent the occurrence of acts which weaken public trust and damage the integrity of the government”. Unfortunately, his decision to end the tradition of opposition chairmanship of PCs without addressing the other issues of inclusiveness and popular oversight amounts to an unforced error that many perceive as an act that weakens public trust. It was also a missed opportunity to strengthen the tradition established by former JLP PM Golding by ensuring that the voice of the people will be heard through the PCs … an opportunity to transform the PCs from being a tool of the Executive to being an effective tool of the people and the people’s representative.

With only a 37 per cent voter turnout, PM Holness was correct in his cautious interpretation of his “overwhelming” victory during his Election Night Acceptance Speech when he said: “I don’t call this a victory speech because with such a large mandate, it brings a whole new dynamic as to how we manage government.” He also noted: “It must never be that the Government that emerges from this victory takes the people for granted in any way.” PM Holness still has an opportunity to strengthen the democratic management of government to ensure that the will of the people is not taken for granted. One step in this direction is to ensure that the people’s voice can routinely be heard through the PCs directly, through their submissions and stakeholder meetings, or indirectly, through MPs, who have sworn to “conscientiously and impartially discharge my responsibilities to the people of Jamaica”. In so doing, the PM will achieve his stated objective to “give greater meaning to the role and function of parliamentarians”.

- Rosalea Hamilton, PhD, is CEO of the LASCO Chin Foundation and founding director of the Institute of Law & Economics. Email feedback to columns@gleanerjm.com and rosaleahamilton@gmail.com.