Report on Trip to Nairobi, Kenya

 

D e c e m b e r  2 0 0 1

M e m b e r   o f   P a r l i a m e n t   E t o b i c o k e - N o r t h

COMMONWEALTH PARLIMENTARY ASSOCIATION,

Canadian Branch

Mr. Roy Cullen, M.P. (Etobicoke North) represented the Canadian (Federal) Branch of the Commonwealth Parliamentary Association (CPA) at the Commonwealth Parliamentary Association Workshop- Ensuring Accountability – in Nairobi, Kenya from December 9th – December 13th, 2001. Pursuant to Standing Order 34(1), I present this report.

REPORT

It was my privilege to attend the Commonwealth Parliamentary Association (CPA) Workshop – Ensuring Accountability – in Nairobi, Kenya from December 9th to December 13th. The workshop focused on Parliamentary Oversight of Finance and the Budgetary Process. The Workshop was attended by twenty-six delegates, twenty observers and six resource persons from Commonwealth and non-Commonwealth legislatures. In attendance also were officials from the CPA Secretariat, CIDA, the World Bank Institute and the East African Legislative Assembly. John Williams, M.P. (St. Albert), and Chair of the House of Commons Standing Committee on Public Accounts, also attended the workshop at the invitation of the CPA Secretariat in London, reflecting Mr. Williams’ continuing work with the Global Organization of Parliamentarians Against Corruption (GOPAC). Mr. John Gerretsen, MPP (Ontario) and Chair of the Public Accounts Committee of the Ontario Legislature represented the Canadian (Provincial) Branch of the CPA.

The official opening on Monday, December 10th was preceded by welcoming remarks by Hon. Simeon Mkalla, M.P., Government Chief Whip, and Chairman of the Finance Committee, Parliament of Kenya. Hon. Francis Ole Kaparo, EGH, M.P., Speaker of Kenya National Assembly, and His Excellency Prof. George Saitoti, M.P., Vice-President of Kenya also gave welcoming remarks.

During the week of the Workshop delegates were invited to attend a large rally at the main football stadium in Nairobi to celebrate the independence of Kenya. Delegates to the Workshop were also invited to a morning courtesy call on President Moi, the President of the Republic of Kenya.

The objective of the Workshop was to improve upon the relationship between the Executive and Parliament as defined at the historical 1998 CPA meeting in South Africa on the issue of accountability of the Executive. The World Bank Institute, one of the sponsors of the meeting, represented by Rick Stapenhurst stated that there is a need to strengthen accounting and auditing systems because countries that have a strong financial accountability culture tend to be more receptive for developing capabilities for legislative oversight.

A summary of the workshop sessions is included in Appendix A.

The conclusions and recommendations emerging from the Workshop were wide-ranging. The Role of Parliamentarians is crucial in ensuring transparency and accountability as it relates the Executive Branch of government. An effective parliamentary committee system, with adequate resources, including a Budget Committee and Public Accounts Committee, are key to its success. The Public Accounts Committee should be chaired by the Official Opposition to be more effective. Parliament’s instruments of control and scrutiny must be regularly reviewed and improved.

An independent Auditor-General, preferably enshrined in the constitution, is needed – one that is an officer of the Parliament. Audit legislation should describe the role and mandate of the Auditor-General and provide mechanisms to ensure that the office of the Auditor-General is adequately staffed and resourced.

Participants at the Workshop wrestled with the definition of Civil Society, but all agreed that non-governmental organizations (NGO’s) as well as the Media, play a very important role in the process of transparency and accountability, and in the fight against corruption. A free and independent press is absolutely necessary in this fight. The pre-budget consultation process in Canada and other countries was endorsed as a meaningful way of involving citizens in the budget-building process by assisting the government and the legislature in identifying the priorities of citizens at the grass-roots level.

Small Legislatures face a variety of additional challenges including the need for an independent Auditor-General and adequate library and research services. It was felt that performance budgeting with half-yearly and annual reviews should be adopted, especially by smaller legislatures, together with improved mechanisms for following-up recommendations of the Auditor-General and the Public Accounts Committee.

I was proud to represent the Canadian Chapter of the Commonwealth Parliamentary Association, and our Parliament, at this Workshop. The achievement and maintenance of transparency and accountability is a particularly daunting task in the world. Likewise, corruption in many countries is endemic and not easily eliminated. Parliamentarians must become more involved - by exercising the power and responsibility vested in them by the people to demand good governance and value for the taxes they pay. I am encouraged that more parliamentarians are accepting this challenge. For continents like Africa and other geo-political entities, much improved governance may be the precondition the developed world will spell out if these countries are to further assist the have-not countries help themselves.

Many thanks to my Canadian colleagues John Williams and John Gerretsen; to our government’s Department of Foreign Affairs; to Mr. Raja Gomez of the CPA Secretariat; to Rick Stapenhurst and the World Bank Institute; to the C.P.A. Kenya Branch; and to Maija Adamsons of the CPA Canadian Branch for all their support and assistance, and to the people of Kenya for their warm hospitality.

APPENDIX A – Workshop Sessions

The Workshop was divided into nine sessions, as follows –

Session 1: Oversight by the Legislature 1: The Concept

In this session a paper was presented by Hon. Francis ole Kaparo, E.G.H., M.P., Speaker of the Kenya National Assembly. He stressed the need for

Session 1: Oversight by the Legislature 1: The Concept (continued)

legislatures to exercise their power when parliament deals with appropriation bills to ensure accountability by the executive branch for the expenditure of public funds.

Session 2: Oversight by the Legislature 2: Framework, Capacity and Mechanisms

A panel reviewed the ability of the Legislature to scrutinize the Executive Branch. Party discipline may inhibit careful scrutiny of the actions of the Executive Branch. The important role that the public accounts committee, the auditor-general and the media can play in forcing more transparency and accountability were stressed.

Session 3: The Budgetary Cycle and the Budgetary Process – Implications for Oversight

A paper was presented by a panel of two; namely, Hon. Dr. Meredith Anne Burgmann, MLC, President of the Legislative Council of South Wales and Hon. Audley Sham, M.P., Chairman of the Public Accounts Committee and Opposition Spokesman of Finance, Parliament of Jamaica. Following the presentations and discussion, a general consensus was reached around the following points –

Session 4: The Relationship Between Parliament and the Auditor-General

Mr. D.G. Njoroge, Auditor-General for Kenya and Mr. S.A. Fakie, the Auditor-General for South Africa, gave presentations. It was noted during this session that ideally the role of the Auditor-General should be imbedded in the Constitution and, as a minimum, in separate legislation. The Auditor-General’s role and mandate must be understood, and the Office of the Auditor-general must be independent of the Executive Branch of government and report directly to Parliament through the Public Accounts Committee.

Session 5: Committees as Oversight Mechanisms

Mr. John Williams, M.P. (Canada), Chair of the House of Commons Standing Committee on Public Accounts, and Mr. Mark Peck, M.P., Parliament of New Zealand, led the discussion in this session. Mr. Williams stressed the need for the Executive Branch of government to be held accountable. Parliamentarians throughout the world can play a key role in fighting corruption in their own countries and with the assistance of inter-parliamentary organizations such as the Global Organization of Parliamentarians Against Corruption (GOPAC), and the African Parliamentary Network Against Corruption (APNAC).

It was noted that parliamentary committees are essential tools to ensure accountability. Government programs need to be critically evaluated, including value-for-money audits, and good governance should be an overriding concern.

Sessions 6-8: Ensuring Accountability: Break-Out Groups

These sessions were divided into four breakout groups, as follows –

Session 9: Summary, Conclusions, and Recommendations

(See body of report above)

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