Parliamentary Commissions Of Inquiry

This report considers the case for Parliament to be able to initiate and conduct inquiries into serious and significant matters of public concern. It takes up the recommendationmade by this committiee's predecessor Committee (in the Government by Inquiry Report) that there should be a parliamentary mechanism for initiating inquiries. These would take the form of Parliamentary Commissions of Inquiry, composed of parliamentarians and others. In the Report, the committee examines the justification for creating Parliamentary Commissions of Inquiry in particular, that they would enable Parliament to hold the Executive to account more effectively. Then it covers some of the practical issues involved in setting up inquiries of this nature: how Parliament could instigate an inquiry, its composition, and its operation and powers. The committee concludes that it is crucial, in constitutional sense, that Parliament has the necessary powers and abilities to scrutinise the Executive and hold it to account. Proper parliamentary scrutiny should include the ability to establish and undertake inquiries into significant matters of public concern. Parliament has, in the past, conducted investigationsof this kind and as the great forum of the nation, should be expected to do so. The committee's recommendation for Parliamentary Commissions of Inquiry would promoteeffective parliamentary accountability by creating a process for Parliament to initiate inquirieswhere it rather than the Executive sees fit.

Government response to HC 473 (ISBN 9780215520708)

Recent public inquiries established by Government Ministers to investigate events of public concern have included the Hutton and Butler inquiries into issues surrounding the decision to go to war in Iraq, the Saville inquiry into 'Bloody Sunday', and the Budd inquiry into the events surrounding the resignation of David Blunkett as Home Secretary. This report examines the effectiveness of such inquiries and makes recommendations for improvements to the scope for parliamentary scrutiny, including possible changes to the Inquiries Bill (HL Bill 7, session 2004-05; ISBN 0108418863) currently before Parliament. Recommendations made include: Ministers should justify their decisions whether to hold an inquiry on the basis of a published set of criteria; the Lord Chief Justice or the Senior Law Lord should be equally involved with Ministers in all decisions about the use of judges in inquiries; the need for a new mechanism to enable Parliament to initiate inquiries in cases where Ministers may be unwilling to do so, including the establishment of a Parliamentary Commission of Inquiry, composed of parliamentarians and others; and the use of the Parliamentary Ombudsman in the investigation of breaches of the Ministerial Code.

This book is the first comprehensive, integrated, and thorough exposition of the public inquiry as a governmental, legal and social institution. It examines the legal framework, the role of the commissioner and legal counsel, the rights and obligations of individuals who may be affected and its relationship to government, the media and the public.

This report is concerned exclusively with the Gomery Commission's second mandate: to make recommendations, based on the factual findings of its first report, on a series of issues such as government transparency & accountability, the relationship between public servants and politicians, and the responsibilities that should be assigned to Parliament & parliamentarians. Part one outlines the reforms introduced by the federal government since the Commission was established in February 2004 and the suggestions the Commission heard from Canadians about what they felt should be done about accountability & transparency in government and other issues considered in the first report. Part two has five sections covering accountability issues, including the fundamental bases for the responsibilities & accountabilities of Ministers & senior public servants, the capacity of Parliament to hold the government to account, and the roles of the Prime Minister, Ministers, exempt staff, the Privy Council Office, and the Clerk of the Privy Council. Part three deals with more specific issues such as the future management of advertising & sponsorship activities as well as lobbying. It assesses measures to improve transparency, including legislative initiatives pertaining to information access, whistleblowing, sanctions related to failure to fulfil financial administration obligations, appointments to Crown corporations, and internal audits. Part four contains the Commission's consolidated recommendations which are also found throughout the report. The recommendations are designed to rebalance the relationship between Parliament & government, better assign responsibility, and strengthen accountability in the public interest.

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.