- 7
-
20.
In justifying the need for a sensible framework I can do no better than quote Thomas Jeaffreson, first President of the US Senate and founding father of the US :
21.
"Nothing tended more to throw power into the hands of the Administration, and those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of procedure, that these forms as instructed by our ancestors operated as a check on the actions of the majority, and that they were in many instances, a shelter and protection to the minority, against the attempts of power.
"It is much more material that there be a rule to go by, than what that rule is; that they may be uniformity of proceeding in business not subject to the caprice of the speaker of captiousness of Members, it is very material that order, decency and regularity be preserved in a dignified public body".
One of the concerns of my study tour was to discover the extent to which modern Legislatures value rules of procedure. For example at a reception in Washington I conducted a straw pole of State legislators. Significantly nine out of nine questioned said that they regarded such a framework as vital, even though, in many cases they represented small Legislatures.
22.
The value of rules is that they provide stability, legitimize decisions, divide responsibilities and distribute power. In so doing they protect the interests of Members (and incidentally those who must work with the Legislature such as
Civil Servants).
23.
At present, LegCo's rules are highly informal with the exception of those applying to the Wednesday sittings of the Council. Attractive though this informality may seem, its shortcomings may be becoming more apparent. For instance the freedom of ad hoc groups and panels to vary their procedures creates instability since Members (and the Civil Servants who work with them) do not know from day to day or week to week where they stand. Moreover I detect an increasing tendency to question the legitimacy of decisions taken in, for example, the LegCo in-house meetings. Of comparable significance in a small legislature is the inefficient division of labour. Uncertainty over jurisdictions, meeting times, quorum arrangements, attendance of witnesses, deadlines etc, overloads Members, their staff and Civil Servants contributing to a mood of dissatisfaction and tension which many Members seem to share. Moreover the lack of rules seem to provoke conflict and confrontation. The time of LegCo is too valuable and the scope of its exactments is too far reaching to justify repeated acrimonious discussion of procedural matters.
No comments yet.
Private notes are available after approval.