Parliamentary Oversight of the Security Sector: Lessons from Ghana

Select Committee on Defence and Interior (PSCD&I), the Standing Committees onPublic Accounts (PAC) and on Finance. 32 .The PSCD&I has 18 members out of the total parliamentary membership of 230.Their responsibility is to “examine all questions relating to defence and internal affairs” 33in Ghana. The committee, however, has no clear cut remit for oversight of theintelligence agencies. The Committee has two key powers: (i) investigations, and (ii)inquiries into the activities and administration of ministries, departments, agencies,public organizations, and corporations as Parliament may determine. Such investigationand inquiry may extend to proposals for legislation. 34 Other powers conferred on thecommittee include all the powers of a High Court for the purpose of enforcing theattendance of witnesses, compelling the production of documents and the issuing ofcommissions for the examination of witnesses abroad. 35 Despite the fact that thePSCD&I has been vested with these powers, it seldom exercises such powers. Thereare, however, various gaps in the mandates of the different Committees with direct andindirect oversight of the security sector. This becomes more glaring if one sets theircurrent operations against their broad mandates. What it means, therefore, is that thereis ample room for improving the oversight functions of the Committee on Defence andInterior and the Public Accounts Committee.The two other Standing Committees with some oversight over the security sectorare the Public Accounts and Finance Committees 36 . These committees have beenprovided with the requisite constitutional and legal powers to execute their policy andoversight functions. These powers range from the constitutional and legal provisionsdiscussed above to the power of control over the purse strings to Parliamentary debates,Parliamentary questions and answers and Parliamentary inquiries.The function of the Public Accounts Committee is “the examination of the auditedaccounts showing the appropriation of the sums granted by Parliament to meet thepublic expenditure of the Government and of such other accounts laid beforeParliament.” 37 The PAC examines public accounts in general 38 and discusses the Reportof the Auditor-General. 39 This activity provides the Committee with some measure ofoversight over the expenses of the military and other agencies. They are empowered toquestion the rationale behind the usage – e.g., if policies that are used to justify theusage of funds are not interpreted according to their spirit and intent, they question thepolicy as their writ extends beyond fiduciary responsibility.The chairman of the Public Account Committee should be from the minoritygroup in parliament. 40 This, to some extent, allows the chairman to discharge his32 Standing Orders of Parliament, 151 (d) and (g), November 2000.33 Standing Orders of Parliament, Order 158 under ‘Functions and Powers of Committees, November 2000.34 See Constitution of Ghana, Article 103 (3), 1992; and Standing Orders of Parliament, 190, November2000.35 Constitution of Ghana, Article 103 (6), 1992; and Standing Orders of Parliament, 155, November 2000.36 Standing Orders of Parliament, 151 (d) and (g), November 2000.37 Ibid, Order 165 (2).38 See Constitution of Ghana, Chapter 13, 1992.39 See Article 187 (2), ibid. There seems to be some dissonance in the House of Parliament concerning theextent of PAC’s oversight functions. According to the Minority Leader, Alban Bagbin, ‘it appears from theprovisions of the Constitution and the Standing Orders so far mentioned that the committee’s work is limitedto examining only reports presented by the Auditor-General. This view is sometimes held by some of mycolleagues but I hold a contrary opinion. I believe the committee, as a watchdog wing of Parliament inmatters of public finance can, institute investigation into any matter of public interest where public funds areinvolved’. Bagbin, op. cit, 6.40 This practice has been upheld since 1996. The current chairman of the Public Account Committee is Hon.Samuel Sallas-Mensah who is a Member of Parliament from the opposition, National Democratic Congress(NDC). Under his leadership, the first public hearing of the committee was held in the country.7