OVERSIGHT

Czech parliamentary committees may ask for almost all government documents. Governments usually respect committee requests and tend to deliver the documents in time.

Reports drafted by committees provide the basis on which parliament takes nearly all of its decisions. Committees prepare government bills, legislative initiatives, government reports and other matters for handling in plenary sessions. Given these tasks and functions, it follows that the government is expected to report in full its motives for proposing legislation, and that committees are able to obtain the desired documents from government upon request.

The German Bundestag is a “working parliament” – that is, parliamentary committees are of pivotal importance in formulating and preparing legislative initiatives. Outside their law-preparation activities, they also serve an oversight role with respect to government ministries. Committees can invite the minister responsible for its sectoral policy area to a hearing, and have the right to ask for governmental information that is important for the opposition. The ministries’ expert staffers are always present at committee hearings, often exceeding the number of actual parliamentary committee members. Most documents can be accessed directly by any committee member. Nonetheless, the ministerial bureaucracy tries to withhold information in cases where the opposition may try to use it in criticisms of the government or in preparing policy alternatives, and there are some restrictions on which documents can be provided. But most documents are made public and can be accessed in different ways, including at larger libraries and on the Internet.

Parliamentary committees have the de facto power to obtain government documents. The procedures for doing so are fast and effective. The parliamentary right of access to information is a very strong norm, which most members of the government are very careful not to violate. They thus work to ensure that the parliament is provided with adequate and timely information. Oral proceedings and consultations are sometimes used to supplement written procedures. There are no limitations to this right of access, except in specific cases of secrecy, which are not widespread. However, even in these cases, parliament has an extended foreign relations committee which has access to classified security information.

Both de jure and de facto, parliamentary committees have full access to government documents.

Parliamentary committees, and indeed every Swedish citizen, are entitled to see all government documents which are not classified. Sweden has long been a forerunner when it comes to public access to government documents. A policy goal of Swedish governments is to strengthen this principle even on the EU level.

Parliamentary committees, as well as members of parliament, have access to government documents and receive copies of these promptly. Legislators have also electronic access to the majority of government documents.

The legislature’s right to government documents is well established in the U.S. system of government. Congressional committees have subpoena power to request documents. However, this power is sometimes limited by claims of executive privilege – which, with respect to confidentiality, was established judicially in the Watergate cases. The privilege applies to documents that reflect presidential decision-making and deliberation that the president believes should remain confidential. During the final months of the Bush administration, there was conflict regarding government information relating to financial institutions under the planned Troubled Asset Relief Program. Under the Obama administration, a similar conflict erupted over the data derived from the stress test for banks. Both of these conflicts were settled by compromise.
In most cases, the information Congress needs for policy-making – including the assessment of presidential proposals – does not fall under any plausible claim of executive privilege, and Congress can obtain almost any information that exists.

Parliamentary committees have the power to require people to attend, including ministers; the power to require that evidence be given; and the power to require that documents be provided. These powers derive from the Constitution. Since 1987, certain powers, privileges and immunities of parliament have been codified in the Parliamentary Privileges Act 1987. In practice, committees can obtain what government documents they require, except in instances where documents contain matters that are commercial-in-confidence, and certain aspects of national security.

Regular parliamentary committees can access virtually all documents in possession of the government. Committees created to address a specific issue receive all powers to question witnesses and access documents. They are actually endowed with the same powers as an examining magistrate. However, for some topics concerning domestic and foreign security (which may contain sensitive material about intelligence services or antiterrorism plans), access might be restricted. There are two special regular committees for these more sensitive matters: the “P” committee (related to police forces) and the “R” committee (related to intelligence services).

In principle, parliamentary committees have the right to receive government documents in the course of their deliberations, but these may arrive incomplete and redacted because of confidentiality considerations, or too late to enable the committee to make effective use of them. However, in recent years, parliamentary committees – particularly in a minority Parliament – have had considerable power or ability to decide what they want to do and who they wish to see.

Parliament may ask for and will get most government documents. There are internal ministry documents, however, that are not made available. But ministers and ministries know that it is politically important to heed parliament requests. Documents may be stamped confidential, but most committee documents in general are publicly available.

Parliamentary committees can usually obtain all the documents they request. There are cases of “sensitive” information when the government can invoke the necessity of protecting intelligence or defense secrets and refuse to release documents, however. It might be tempting for governments in some borderline cases to use or abuse this option. Furthermore, legislative committees are very large, although the constitutional reform of 2008 expanded the maximum number of regular committees from six to eight. Most parliamentarians prefer their local commitments to their national duties and do not invest much time in committee work. With some exceptions, there is no strong tradition of inquiry and investigation. Given the fact that the eight regular committees cover a large range of policy fields, the effective document and information seeking role lies within specific instruments that bypass the constitutional rule limiting the number of committees: special “information missions” and permanent parliamentary “delegations,” parliamentary evaluation offices, and so on. They are able to mobilize, and to discuss, specific information and documents.

According to the Greek constitution and the by-laws of the Greek parliament, parliamentary committees have the legal ability to ask for most government documents, with only a few exceptions (documents related to highly sensitive foreign affairs, internal security, and defense issues). Ministries responsible for the issues addressed by such committees are able and willing to deliver the requested documents, usually on time.

Parliamentary committees may ask for most government documents and are normally well informed. However, the number of classified documents is still relatively high.

Committees have the right to ask for documents from the government. Delivery of the documents may not always be prompt, but there is no significant evidence that the government fails to comply.

Government documents can be obtained at the discretion of legislative committees. There are typically no problems in obtaining such papers in a timely manner. As the internal culture of committees varies, depending for instance on the personality of the chairperson, the actual use of this right differs among committees.

Each legislator can ask the government for information or for documents, and ministries generally respond positively to these demands. Thus, information flows freely between the Chamber of Deputies and the government. Even with respect to sensitive issues such as national security, few restrictions exist. Being open with information is in the government’s best interest, as this helps ensure parliamentary approval of its initiatives.

Parliament’s right to obtain government documents is stipulated in the constitution. The government is obliged to respond to such requests for information within six weeks of their receipt, a period which is generally respected. Parliamentary committees face no difficulties in obtaining the government documents they need for their work. Delays may occur when needed information is required from a third party. For the most part, reports are already written in such a way that sensitive information is worded in a careful manner.
During the Balkenende IV period, parliament members criticized the prime minister for withholding information regarding the invasion of Iraq. The criticisms focused on the fact that in 2002 and 2003, the Balkenende I cabinet provided only selective information to members of parliament. From 2003 to 2009, the prime minister used his political influence to stall a parliamentary inquiry. Eventually in 2009 and 2010, resistance to an inquiry was broken, and evidence of strategic information being held was found with regard to Iraq and other issues.

The cabinet manual defines the right of committees to ask for government documents. All documents have to be delivered in full and within an appropriate time. There are limitations with regard to classified documents.

Parliamentary committees or individual deputies can request documents, which must be delivered by the government within legally defined time limits. Those deadlines are generally met by the government’s office, but there are de facto limitations in the exercise of control, as the party or coalition with a majority in a certain topic can block the minority’s request. Until recently, obtaining information from state-owned companies or the Ministry of Finance was difficult.

The Information Act (50/1996) (Upplýsingalög) grants standing parliamentary committees the right to request almost all government documents needed in the course of their work, but they cannot force the government to give up classified documents. Exempted documents include minutes, memos and other documents from cabinet meetings, letters between the government and experts for use in court cases, and working documents marked only for government use (except those containing a final decision about a case or information that cannot be gathered elsewhere). The government can restrict access to documents if exceptional public interests are at stake, such as the security and defense of the country, international relations or business agreements (as when government institutions are in competition for a contract). The parliament’s Committee on Foreign Affairs has a special legal status that allows it to request government documents it needs in order to fulfill its legal obligations. The chair of the committee and the foreign minister can require that the committee’s work and discussions be kept confidential. The budget committee can also request the government documents it needs to fulfill its legal obligations.

Congresspeople have the same rights as ordinary citizens to seek information under the Freedom of Information Act. This is effective, though responses are sometimes slow. There is no evidence of continuous and deliberate obstruction of requests for information.

Parliamentary committees are largely free in terms of what they can request from the government. However, delivery can occasionally be untimely or incomplete. Thus, 3,236 questions and requisitions were made by members of parliament to the central administration between September 2008 and July 2009, to which must be added a further 852 questions and requisitions made in the previous legislative session but which had not yet been answered. Of this total, 1,063 had not gained a response by the session’s close in July 2009. However, these shortcomings do not appear to derive from a deliberate attempt to misguide parliament, but rather from a lack of institutional procedures inside ministries, through which such documents could be easily produced.

According to Article 109 of the Spanish constitution and the Standing Orders of the Congress (Article 44, No. 1), both the plenary and the parliamentary committees may request any kind of information or help they may need from the ministries, or from any other authorities of the central public administration or the autonomous regions “for the better fulfillment of the parliamentary duties.” Requests for any such desired information are made through the speaker.

The information and documentation requested from the government must be made available within a period not exceeding 30 days and in the most suitable manner to the applicant. If this is not done, “the legally justified reasons preventing the supply of such information” must be provided. This legal margin allows the government not to deliver some important documents (for example, on the grounds of secrecy) or to deliver them incomplete or late to the parliamentary committee. Furthermore, although every member of a committee is in principle entitled to request any information or document, they only can do it “with the prior knowledge of their respective parliamentary group.” Access to documents may also vary depending on the ministry.

Nevertheless, documents are generally delivered in time and in full, with only some occasional de facto ad-hoc limitations.

Parliamentary committees have the right to ask for government documents, which in the normal course of business will already be made available to them. However, there are occasional disputes with government over the provision of specific information, and committees will then have to order the production of government documents. Their rights are thus not formally limited, but there is sometimes a political struggle between the committee and the government, although the struggle is usually mediated by the fact that the government party also has the majority on the committee, and party political motives rarely come into play.

The right of committees to obtain all government documents is formally and practically limited. The main reason is that government in some cases argues that the protection of personal data makes it legally impossible to provide a committee with all documents. There are several legal exceptions to the obligation to provide testimony (see Par. 7 VO-UA) facilitating the refusal to give evidence.
Government sometimes also argues that more time (than one would expect) to assemble the documents is needed.

The powers of individual committees depend on their orders of reference, which usually include the power to send for persons, papers and records; to require attendance by ministers in order discuss current policies and proposals for legislation; and to require the attendance of principal office holders in bodies that are funded by the state. In general, the committee system has gained in stature in recent years, but is still regarded as lacking sufficient resources. It has not changed the fundamental control of government over the legislation process.
The Oireachtas (parliament) very seldom makes any substantive changes to bills that have been approved by the cabinet. However, it formally has the power to ask for government documents.

Parliamentary committees are legally and de facto able to obtain documents they desire from the government. The government is required to deliver these documents within 10 days of a request. However, documents pertaining to commercial information or certain aspects of national security can be withheld from the parliament.

According to Article 41 of the parliamentary rules of procedure, parliamentary committees or commissions may ask the ministries to provide any information relevant to their duty. However, one of the parliamentary inquiry committees on unsolved murders was recently unable to collect information from the security forces. Some invited public officials, mainly military officers, did not attend the special inquiry commission’s meetings.
It is still impossible for lawmakers to obtain reliable information related to the so-called National Security Policy Document, also known as the “secret constitution” or Red Book, which is drafted in secret consultations between the government and the armed forces.

Parliamentary committees have the right to ask for almost all government documents. However, the Fico government frequently delivered draft bills and other documents with considerable delay, thereby infringing on the work of the committees.