PARLIAMENT AND DEMOCRACY - Inter-Parliamentary Union

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Anti-terrorist legislation An effective parliament (I): The national level I 139 A second currently difficult issue is that of anti-terrorist legislation, which raises for democratic societies the problem of where the right balance should be struck between security and the protection of civil and political freedoms, where these conflict. That they do not necessarily do so has been well expressed by Kofi Annan in a speech of November 2001: ‘The danger is that in pursuit of security we end up sacrificing crucial liberties, thereby weakening our common security, not strengthening it – and thereby corroding the vessel of democratic government from within.’ In developing his comment, the Handbook on Parliamentary Oversight of the Security Sector insists that ‘it is absolutely essential that balancing liberty and security should not be the exclusive responsibility of the executive and that, as a representative and guarantor of people’s rights, the parliament should exercise close oversight in this respect.’ It makes a number of suggestions about what parliamentarians should do with regard to combating terrorism, among others: ■ Follow a broad approach against terrorism not only focusing on protection and security, but also addressing its root causes…… ■ Make sure that your state is a party to the relevant international conventions and protocols relating to terrorism…… ■ Work towards the adoption of legislative measures allowing for compensation of victims of terrorist acts, as an expression of national solidarity. ■ Ensure that anti-terror legislation maintains a proper balance between security requirements and the enjoyment of civil and political rights… Among the provisions of regional and international human rights conventions which cannot be made subject of such a balance, or be derogated from under any circumstances, is the absolute prohibition on the use of torture, including the deportation of asylum seekers or other foreign nationals to countries where torture is practised, or the use of a country’s airspace for such a purpose. Parliaments have a special responsibility to investigate such practices, and to oppose them where they are shown to occur.
140 I PARLIAMENT AND DEMOCRACY IN THE TWENTY-FIRST CENTURY Further online reading about parliam entary oversight of security policy: Inter-Parliamentary Union, Geneva Centre for the Democratic Control of Armed Forces (2003). Parliamentary oversight of the security sector principles, mechanisms and practices. National Democratic Institute (2005). Democratic oversight of police forces, mechanisms for accountability and community policing. Budgetary scrutiny and financial control A central function of parliaments has always been to exercise control over the raising and spending of public revenue. The familiar slogan ‘no taxation without representation’ implies that only the express consent given by elected representatives can make the compulsory exactions of government acceptable to citizens. Parliamentary oversight of government finances can be separated into two broad phases: consideration and approval of the government’s plans for the raising and spending of revenue ex ante, through consideration of its proposed budget; and the monitoring of expenditure ex post, to ensure that it has conformed to the terms which parliament has approved. Naturally, the outcome of the latter phase will affect the former in the next round of the annual cycle, so the whole can be seen as a continuous process. For purposes of analysis, however, the two phases can be considered separately. Budgetary scrutiny It is a task of the executive to draw up detailed annual budget proposals for the raising and expenditure of revenue by government. In Westminster-type systems the tradition has been for the budget to be presented for parliamentary scrutiny on an appointed day as a complete package, with little room for parliament to make substantive policy changes. The Chancellor of the Exchequer or equivalent might receive submissions from various social and economic interests during the process of budget formulation, but parliament itself would not be consulted or informed of the contents prior to the presentation of the
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MS. MARTA LAGOS CRUZ-COKE Executive
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