UNDP United Nations Development Programme ÈÑäÇãÌ ÇáÃãã ÇáãÊÍÏÉ ÇáÅäãÇÆí
Programme on Governance in the Arab Region ÈÑäÇãÌ ÅÏÇÑÉ ÇáÍßã Ýí ÇáÏæá ÇáÚÑÈíÉ POGAR
Publications: Legislature
- Executive Summary
- Introduction
- I. Experiences of Institutional Development
  - 1. The Scopes and Methods of Institutional Development of Parliaments
  - 2. The Development in Internal Regulation of Parliament
  - 3. The Development of the System of Parliamentary Committees
- II. Practical Paradoxes and Problems
  - 1. Practical Suggestions to Improve the Listening Committees Performance
  - 2. The Development of Parliamentary Information and Research Units
  - 3. Developing the Parliamentary Library
  - 4. The Development of Parliamentary Training
  - 5. The Development of Parliamentary Information
- Epilogue: The Challenges and Important Domains of Institutional Development
- Annex 1: Table of Committees Comparison
- References
A Development Agenda for Arab Parliaments
Symposium on Arab Parliamentary Development
by Dr. Ali El- Sawi

II. Practical Paradoxes and Problems

2 - The Development of Parliamentary Information and Research Units

There is no doubt that information and research are among the most important tools in the development of Arab parliamentary action and the increase in institutional capability of parliament. Parliament needs, more so than other political institutions, modern administrations, trained and specialized staff in the organization and analysis of information, to present it at the opportune time in the proper form to MPs to enable them to perform their varied parliamentary roles.

It can be said that Arab parliaments in general, are in need of an "information revolution" inside them, which does not stop at acquiring and installing computers, but goes further into the implementation and use of a modern technology in the sphere of parliamentary information, and the possession of technical abilities to store and retrieve this information. Added to this is the requirement to develop methods for administering information and making it available to MPs (and society) at the right time with a high degree of competence.

Parliamentary research has become a central element in the process of developing parliamentary action from two angles: First, on the demand level, regarding the services of parliamentary research, and this is represented by the necessity to develop the research services, and analysis capacities available to MPs. Increased demand can be seen in many areas like: the increase in MPs need for parliamentary research services and the analysis of information, policies and legislation, particularly from new MPs. In addition there is an increase in the demand for research on specialized subjects (scientific and technological), new discoveries (cloning and genetic engineering), comparison (economic models and theories and the experiences of economic reforms), the desire to invest in and make use of the new era of information and developments in communications and the flow of information between various parts of the world, the higher expectations on behalf of MPs towards the capacities of parliamentary research during the new age of information, the increased needs of MPs for these capacities to keep up with the challenges imposed upon them by public opinion.

The latter, in turn, has became more capable and wishful of following up the activities and performances of MPs to compare them to what is happening in the rest of the world.

Second, on the supply level, regarding the increased development in the experiences and programs of progress in parliamentary research itself, particularly through the use of modern technologies, which makes it a "subsidiary" system within the parliamentary institution. For this reason they are called: Parliamentary Research Services - PRS. These, in turn, depend on a complete technological system called Legislative Information Systems - LIS.

However, the development of parliamentary research faces great challenges, most important of which is financing and competition. There is no doubt that parliamentary research, despite increased interest in it, is being subjected to the pressures of the needs for a decrease in spending, as is the case with other units of the parliamentary institutions following the logic of economic rationalization which calls for the increase of investment in resources and decrease in spending, so that the performance is cost-effective.

On the other hand, the units and administrations responsible for parliamentary research face competition from centers of research outside parliament (local and international) which may offer faster, less complicated and cheaper research services because they do not require financing of administrative units or the employment of permanent researchers in the institutional structure of parliament. This is the predominant trend in most Western European contemporary parliaments, and in the actual European parliament itself.

In other words, in addition to the pressures from MPs in their demands for research and its development and the pressures for reducing expenditure over units of research in parliament, research is facing additional challenges from modern and specialized centers of research which are increasing in number on the market.

There is no doubt that the question of development of parliamentary research units in the Arab World is going through (or should realize that it is going through) a critical transitional period. It has to reconsider the structure upon which it is built and level of its performance and the criteria of assessing its products i.e. its services.

Parliamentary research units in the Arab World are faced today with the need to revise major issues in their work which are: The strategy of research, studies and legislative services, programs and scope of its action, policies and methods of response to MPs demands and the needs of parliament in the various areas (legislative and monitoring).

All this should take into consideration two principal matters, first the comparative study of what is happening in the world, to keep up with developments and increase competitive capacities (local and international) and second, be able to use the most modern techniques (In technologies, research and administration) to the rationalization of expenditure and increasing revenues.

In a comparative [2] study of the systems of parliamentary research in eleven different countries in the level of technical development, the economic circumstances and the nature of the political regimes, it is clear that the development of the operation of parliamentary research has become a matter of priority in parliamentary development and that of the support of institutional capacities to parliament.

The following are some areas of development being applied in some of the contemporary experiences.

A - Improving the Organizational and Administrative Structure of the Research and Information on Services

The parliamentary research and information services units are witnessing organizational developments along three ways. First, towards merging in structure and organization, second, towards division and variety and third towards coordination in services under joint supervision with the maintenance of organizational independence. In most instances, the aim behind the restructuring is to develop parliamentary research and information services and make them more custom oriented to the need of users to achieve what is called "one-stop shopping".
1 - Merging: In the Australian Parliament, the library and the research unit were merged into one organizational structure. The same exists in the Canadian Parliament where the research administration lies within the organizational structure of the library, and in the American Congress where the Congress Research Department (CRD) is linked to its library and in the Indian Parliament where the library unit and the research and information and computer units fall within a united organizational structure (LARRDIS) which will be treated in more detail later on.
2 - Variety and Independence: In some countries, the research and organization roles are redistributed into different independent units (Stand-Alone Units) like in Egypt, where the Egyptian People's Council houses a center for information (computer) and a center for parliamentary research (to prepare studies over public political issues (internal and external) and present them to MPs) and a directorate for research which concentrates on preparing yearly reports on the activities of the secretariat as well as a directorate for conferences to help MPs scientifically and data wise to enable them to participate effectively in various conferences, particularly those held externally. It also includes a directorate for research services linked to the library which prepares data files over various issues and presents them to MPs and parliamentary committees.
3 - Joint Coordination: As for the third option, which is the most common, the focus is on coordination and joint supervision among research activities and parliamentary information services. In the American Congress, the department of Congress research relies on the method of the work-team that includes elements from the various branch directorates - research, library, computerized and technical information - for the purpose of methodological continuity of action and depends on a certain degree of cooperation between the various departments and independent directorates in Congress. In Poland, services are provided through a task force which varies on the basis of the subjects in question. These task forces include selected employees from the different directorates and sometimes committees of parliament, and act under the supervision of a "research bureau" whose director is the main official responsible for the preparation of the research and information services, as well as the financing of the task force and its activities.

There are around 25 thousand persons working in research data collection and analysis of cases and legislations in the American Congress.(x)

It should be noted, first, that this third coordinatory venue complements the expansion in the case of modern techniques in research and communication, where the main frames (principle networks of information) or Local Area Networks are used to achieve the required coordination. Consequently, it depends on the capacity of parliament to create complementary systems for the services of information and research as was accomplished by the Mexican Parliament (a complementary system of information and documentation). It may be possible to link this system to a wider network of national information sources, as in the case of the Estonian Parliament where its parliamentary information network is linked to the most important national library.

Another direction is linked to the production of a new type of research and parliamentary information services. In Germany, for example, the directorate of research created a new parliamentary research service via the telephone, while other countries, such as Poland and the United States and Mexico published a number of parliamentary documents as a consequence of the efforts of the different research and parliamentary information directorates. These were issued as daily or weekly summaries or as periodicals regarding the most important events and developments, or as guiding manuals for MPs in the legislative and monitoring processes.

B - Improving Performance: Responding to the Wishes of the Client, Taking the Initiative and Doing the Job Promptly

Regardless of the nature of the organizational structure of parliamentary research services, the real challenge they face today is improving quality and providing the appropriate service and taking the initiative.
There is evidence that contemporary parliaments are moving from the traditional method of parliamentary research towards the modern approach. The first was seen to produce complicated research and studies characterized by too much detail and analysis, and concentrating on issues raised in the parliamentary agenda and distributing its studies to almost all MPs and committees. The modern approach, on the other hand, produces simplified research and information services, (not necessarily in-depth studies supported by complicated statistics and tables and too many sources and references, but they may be only background papers, or basic definitions and data or facts, or even summaries regarding findings of studies or verbal discussions). These services could vary in form and degree of depth of analysis depending on what was required by the MP requesting them and what his capacities are. They are produced proactively i.e. before they are included in the work agenda of parliament.
In an exploratory survey assessing MPs views on parliamentary research and information services in the British House of Commons, the American Congress, the Polish and Australian Parliaments it was found that the major complaints and reservations concentrated on two things: First, the formality of services, and the fact that they followed one pattern with all members without taking into account the differences between MPs (not only in terms of personal capacities, but also in time requirements and political ends behind the MPs request for these services, such as the passing of a decree proposal or practicing parliamentary monitoring).
Second, the method of dealing with MPs, which failed to distinguish between members of parliaments and tended to consider them as a homogeneous group of individuals. In fact, it is necessary to treat them as clients having different aims, capacities, requests and tastes. Consequently, it becomes necessary to use different methods with each MP when presenting the same services.
As for the time factor, it is one of the most difficult challenges facing contemporary research and information services. It supposes the existence of specialized and highly trained research staff with special qualifies to keep in touch with the usual rhythm (irregular in most instances) of parliamentary action.
Sometimes new issues emerge suddenly where on the spot information and data are needed by the MP.
On the other hand, the pressures of cutting down on spending that parliamentary research departments usually face are partly linked to the belief that the services provided are not worth the money spent on them. Consequently, these directorates find that they have to prove their ability to rationalize expenditure, by giving faster and better services.
In addition to printed or written services, MPs require sometimes urgent telephone and verbal or E-Mail services from these departments, in many cases urgently and within hours or while the parliament is in session. The parliamentary information services in modern systems tend to resort to two actions to face these challenges and provide services within the required time and of the requested variety:
First, develop a modern database on relying on advanced techniques which can supply the data required for the cases in question within the necessary time limit.
Second, the creation of new forms of research services and the training of people to use them.
In Congress's research department, researchers tend to develop their skills in varying the research and information product in three ways, namely by providing fast answers to questions (within hours or a day at the most and in one page or memo); and by drafting short summaries (5-6 pages dealing with specific urgent issues as issue briefs, similar to those presented to committees, which can be available in a maximum of three days); plus the exhaustive or general analysis (around 20 pages which handle wider issues in topical reports such as the ones presented to the general sessions of parliament. These could take up to three weeks).
It seems that most activities involving parliamentary research concentrate on answers to short specific questions which the MP requires within few hours. He may need them as short comments or by telephone or through a verbal presentation rather than in the form of in depth general analysis of an academic nature.
The kind of service mentioned above is a link between two parties, and requires special skills and specialized training on the part of both MPs and researchers. The MP needs to be specific about the subject he is requesting, the time limit and the form in which he requires the material to be handed over to him. The researcher should be able to help the MP formulate his subject and know where to get the information from, how to get to it and use it, and how to present it in the appropriate form based on the MP’s needs (agenda, summary or verbal presentation).

C – The Improvement in the Scope of Parliamentary Research and Information

Research and information services should be equipped (from a human and information technology aspects) to handle most internal and external subjects, because parliament is a platform where various subjects are presented and discussed in all spheres. However the focus of contemporary parliamentary discussions revolves dynamically around particular areas (which should be the work agenda elements of the directorates of research and information in parliaments) without neglecting or ignoring other aspects.
It is evident that the current trend, in contemporary parliaments, concentrates on two subjects which are: the budget and the technical drafting or formulation of legislations.
For example, more than 70% of the work of the Congress Research Department concentrates on budget issues. This department has developed special sections in its Internet location to provide economic, financial and budget related information to those who request them. The Polish Parliament decided to create two new units which provide financial research and analysis which are: the group for financial analysis and the group for budget laws.
It is also apparent that most expert centers (Houses) interested in parliamentary action and support for the decision-maker in the contemporary world are interested in economic issues (xii).
Regarding technical formulation of legislations, this subject has gained greater importance, particularly in parliaments of new and developing countries, due to the increased interest of MPs in the legislative process and the discussions linked to it. Increase in interest was also due to international agreements to which contemporary countries are adhering which impose a new set of regulations, criteria and standards in legislative formulation, or drafting of decrees, so that the latter become consistent with international standards and commitments. In most countries of Central and Eastern Europe, the subject of consistency with the standards of the European Union plays a very important role in the legislative process, and with the centers (Houses) of external expertise. There are special units (such as the “Information Center of the European Union”) in most of these parliaments whose role is to enhance coordination and consistency between national legislation and European Union standards, as well as the adaptation of internal institutions and structures to be in line with the institutions and systems of The United Europe.
In the Arab World, the Palestine National Council stresses the importance of the subject of technical formulation of legislations. A delegation of researchers in its legal department and a number of secretary generals and members of parliamentary committees were sent as part of a delegation to Egypt to deal with this subject from its various aspects, and to exchange experience with Egyptian specialists in the schools of law, parliaments and the Ministry of Justice. The Arab Center for Parliamentary Training which is part of the Association of Arab Parliamentary Secretary General is preparing to hold a series of programs and workshops on issues of legislation and the technical drafting or formulation of legislations.

D – The Development of New Research Tools

With the spread of the scientific revolution and the use of computers in the world, new horizons were open to parliamentary research and information services. These horizons provided new opportunities for creativity and improvement in performance and forced additional burdens on MPs and researchers.
The use of these new technologies in parliamentary action requires a full understanding of their possible uses and the way they should be used by MPs. They also require constant practice leading to enhancing and widening their use and the benefits they provide to parliamentarians and researchers and the whole administrative and technical apparatus of parliament.
It is worth noting that the most prominent use of computers in parliamentary research services of the contemporary world lies in three areas. First, in economic and financial analysis; second, in the formulation of the parliamentary database; and third in the simulation of parliamentary discussions in general, and the work of parliamentary committees in particular. In the Canadian Parliament, small models were developed for the simulation of the tax system in order to support the work of the economic analyst studying the development of tax tools and the tax system and the effect of changing them in the general budget.
The American Congress research department uses similar programs in the various sectors such as health insurance, salaries, grants and social assistance and unemployment benefits, to help the MP in the prior knowledge of the likely effects of changes in these general policies on the sectors most affected by them. This process was named the: “What If Questions.”
In the Polish Parliament legislations are stored in huge databases and the possible alterations to them can occur during parliamentary discussions. This experiment is being currently tried in Egypt through the legislative database called “LIS”.
The center for information thus aids the council of ministers, The People’s and The Consultative Council in taking decisions.

E – Developing Techniques and Methods of Work

Moslem techniques have become a major feature in different institutions, and a major element in the development of contemporary parliaments, starting from monetary, administrative and staff matters, passing through research and information services, storing documents and library work, and ending up in the management of public sessions in parliament and the application of the system of electronic voting.
Regarding parliamentary research and information services, the use of modern techniques has become inevitable, not only from an objective and professional point of view; but also for economic reasons. These techniques are the ones that help in facing the dilemma experienced by these services namely the need to improve services, on the one hand; and cut down on expenses, on the other. The use of such techniques entails huge expenses, and requires special and continuous training for the researchers and technicians, but these expenses are an investment which realizes saving and returns in the long run.
The use of computers as networks of information and communication saves a lot of expenses in the areas of typing reports, preparing mission summaries and the purchase of stationary. It also reduces the time required for performing missions (which is also very costly).
In modern parliaments, the use of these techniques is spread in four major areas which are: Personal computers (PCs), Internet, databases and CD-ROMS and local network (LANs) and E-Mail.
The use of these modern techniques saves on time cost. It helps to collect a huge amount of information at the lowest cost and times possible and in the best quality since it also helps improving the methods of research and analysis and the collection of information (local and foreign) and leads to the improvement in the skills of researchers.
Modern parliaments and many international institutions have given due importance to this matter. They prepared special Websites for themselves on the Internet network and linked these locations to other sources of information and databases. They enabled MPs to use LAP TOP portable computers, as in the American Congress and the Canadian, Japanese and Indian Parliaments.
On the other hand, the use of these modern techniques helps develop parliamentary research and information so that in turn it can serve MPs and even be ready for service before it receives an instruction for that. MPs can register their requests, and assessments of the information they get in an accumulative way. They can analyze the quality of the service, its positive and negative aspects over a period of time. This leads to the improvement of performance and better preparation for further service and even the possibility of offering MPs services without their request, in what is called Demand - Creation which makes information and research services early and pro-active.

F - Improving the Methods of International Parliamentary Cooperation

On the international level, there are important initiatives to use these modern techniques in parliamentary research and information, among which is the international network of legal information.
There is no doubt that the exchange of legal experiences between countries is a vital matter in the light of the present international changes and economic developments that are taking place. In addition, there is a need to enhance the benefits to be extracted from the huge advances in means of communication and their modern techniques.
Within the framework of international efforts to strengthen cooperation between the legal institutions and enhance the exchange of legal experiences and give an impetus to serious research in legal and constitutional systems, an international network for legal information was created called "The Global Legal Information Network - GLIN" and became one of the important landmarks supporting the development in contemporary legislation. This network is currently a non-governmental system. It is not an American government system although it is currently based in the American Congress. It includes a number of stations or regional databases which exchange information between themselves and may make it available to others within the scope of international exchange in systems of information.
The organizational principles of this network rely on the regulations included in the Agreement of Brussels in 1886, which called for the exchange of legislative and legal information between countries of the world. This network was established to respond to the real needs of legislative institutions and legal jurisprudence in the world. In addition, it allows the exchange of experiences and facilitates research and studies of existing legal systems and strengthens the comparative method in legal research. The Library of Congress plays the role of the technical secretariat of the network, for the time being. It also ensures that technical assistance is provided to the countries included in this international network group (or family) which comprises 15 countries at present. Among them are the "sister" Arab countries of Kuwait, Tunisia and Mauritania.
This initiative aims at collecting and documenting legal, constitutional, judicial, jurisprudential facts and studies and making them available on the international electronic network. The aim is to serve the national legislator, legal institutions and researchers through the documentation of the national legal system itself and allowing its storage and retrieval through modern electronic techniques. In addition, the aim is the provision of free access to other countries' legal systems and regulations.
This international network is instrumental in allowing knowledge and access to the experiences of other countries in concluding international agreements in all spheres, such as economic cooperation and trade systems agreements and the process of issuing new decrees and their amendment or modification. It gives an overview of the various world experiences in terms of trials and legal apparatuses and in constitutional matters and the development of legal principles. It also allows reference to the jurisprudence culture in the various legislative and legal spheres.
There is no doubt that the contribution of Arab countries to this network will enhance the Arab legislative and legal experiences and will strengthen the parliamentary links between Arab parliaments themselves on the one hand, and Arab parliaments and the world as a whole, on the other.

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[2] These countries are the United States, Estonia, Canada, Mexico, Germany, Japan, Poland, the Czech Republic, Lithuania, Australia, Britain. For more information, see the activities of the 63rd conference of the International Federation of Libraries, FLA in http, If1a. inist. fr/1fla/iv.

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