Association of Secretaries General of Parliaments 1998 - Codes of Conduct for Parliamentary Staff

Constitutional and Parliamentary Information30

I I . Codes of conduct forparliamentary staff

Report prepared by Mr Maure ZAMPINI (Italy),adopted at the Cairo Session (September 1997)

The Association considered the question of a code of conduct for parlia-mentary staff in October 1995 during a debate at the Bucharest conference. Itwas then decided that this subject be treated in a questionnaire. The question-naire was approved in April 1996 at the Istanbul session, having been sent to allmembers of the Association.

The first draft report, based on responses to the questionnaire from a largenumber of parliaments, was approved in April 1997 at the Seoul session.

The second report, supplemented with material from additional responses(in total responses were received from 53 parliamentary assemblies), wasdiscussed at the Cairo session in September 1997. It consists of an introductionand a comparative analysis.

From a majority of the responses to the questionnaire three essential pointscan be identified:- rules concerning public employees or parliamentary staff (those who man-

age parliamentary staff in employment matters do not always belong to theparliament in question) are based upon the conviction that independenceand impartiality are essential characteristics of officials working for aparliamentary assembly;

- every operational or strategic decision must be made within the frameworkof a legal procedure;

- the activity undertaken as employees of a parliamentary assembly must notbe in any way exploited so as to derive from it other personal advantagesbeyond the statutory remuneration.Finally, there is an indissoluble relationship of trust binding the parliamen-

tary official to his or her assembly.It clearly follows from this that in the event of an actual or potential conflict

between the interests of the administration and the position of the official, anyintervention would have to be based on a system of regulations with an ethicalfoundation. Such a foundation, expressed concretely in a code of conduct,

Codes of conduct for parliamentary staff31

supports the system of penal, administrative and accounting regulations whichdefine offences against the public administration.

In fact, in the different systems, there are very few examples of rules whichattempt to define the responsibilities of officials more concretely and fully thanthe simply administrative or criminal regulation. As a result, essentially juris-prudential criteria have been resorted to, which take effect after any offence. Itis in this context that we find the 'universal' principles concerning conflicts ofinterest, the separation between auditor and the matter audited, and the obliga-tion to abstain from any action involving a personal interest (direct or indirect).

Moreover, the absence of rules capable of distilling such a wide range ofbehaviour necessarily results - given a strict interpretation of the abstract andgeneral character of the law - in an over-extensive application of the law, givingthe criminal or administrative judge the task of controlling the public adminis-tration, which as a result is to all intents and purposes relieved of the duty ofself-regulation.

Here we have, as the responses to our questionnaire testify, the delicaterelationship between codes of conduct (where they already exist) and traditionaladministrative arrangements ("staff regulations") with their disciplinary sanc-tions.

We can attempt an initial outline of this issue: disciplinary codes consist ingeneral of obligations and prohibitions; codes of conduct, by contrast, containdirectives and principles of behaviour. Thus the financial scope of the disciplin-ary codes is in some way counter-balanced by the codes of conduct which makeapparent, and sometimes concrete, duties of conduct whose force it wouldotherwise be impossible to grasp. Codes of conduct operate at the level ofmorality and probity, not only at the level of honesty - which is more character-istic of criminal and administrative regulations.

In this context, the many and various codes of conduct in operation in manycountries are a real touchstone because of their specific and particular aim ofproducing rules of behaviour regulating not only relations with the public andamongst officials, but also the private life of the public employee. Here isanother characteristic of codes of conduct which I can draw from responses tothe questionnaire: codes of conduct reinforce the concept of an official enjoyingthe trust of the community. This, clearly, is even more important for parliamen-tary officials.

All of us, responsible for complex organisations serving our parliaments,have naturally spoken on many occasions of the need to strengthen the systemof values on which the employment of parliamentary staff is based.


Secretaries General, who are responsible for complex parliamentary organ-isations, certainly mentioned many times the need to strengthen the value-system which forms the basis for the employment of the staff of parliamentaryassemblies.

The code of conduct in itself is not an instrument of action or organisationaldevelopment. It does, however, fully achieve its objective of setting out asystem of values when it encapsulates the fundamental relationship betweencommitment to the work and commitment to democracy.

There is thus reaffirmed a point which could be drawn from responses tothe questionnaire: disciplinary regulations, the traditional instrument of the"governance" of public employees, establish a relationship between the admin-istration - the employer - and the employee, whereas the code of conductinvolves the relationship between the employee and civil society.

To make this account more concrete - which might at this point be useful -one can consider the following example - "The parliamentary official willrefrain from associating with individuals who do not offer guarantees of seri-ousness and complete trustworthiness". Such a provision can only make veryclear the difference between a disciplinary rule ('an employee must respect thehours of work') and a rule of behaviour or ethics in the strict sense.

The choice of persons associated with is a freedom belonging to, andsafeguarded for, every citizen. And as a citizen the parliamentary officialassociates with anyone he wishes to. Could one imagine a disciplinary rule ofthis sort: "it is forbidden for an official to associate with any individual whodoes not provide guarantees of trustworthiness, on pain of dismissal"?

It is clear that, in this case, the rule would have to identify individuals notoffering such guarantees of trustworthiness. Its indetermination would onlyweaken irrevocably the effectiveness of the rule, whereas the situation would bedifferent where the same rule is brought within the sphere of a code of behav-iour, a code of conduct.

It is up to a parliamentary official, to his freedom of judgement, to his senseof belonging, to his system of values, drawn from values appropriate to Parlia-ment, to lead an upright life, informed by an assessment of his behaviour andsocial relations.

The difference between disciplinary intervention and ethical provisionconsists in the way in which every assessment of the official's conduct isbrought within the sphere of his own personal responsibility, avoiding anyimplication of a legal nature which, whatever the outcome of the particular case,could only have wider consequences for his own department.


One can thus state that codes of conduct are based on the one hand on thepublic interest, which follows the developing relationship between the author-ities and public opinion, and on the other, in all countries, on a genuine changein practice, according to a wide variety of models, with regard to the relationbetween the public service and the public employee.

The research currently pursued in Italy and, it seems from the responses tothe questionnaire, also in many others, into a framework for a code of conductfor parliamentary service, contributes to the process of finalising rules for thebehaviour of parliamentary officials. It is however true that in certain countriesit is not considered necessary to establish a code of conduct. In these instances,the obviously succinct nature of the response has not enabled me to ascertainwhether the questions before us have been resolved in a different way, or if theydo not appear to be important. This point leads me to say how preferable itwould be for the rapporteur to be able to base his comments on a detailedresponse, also so as to avoid possible misunderstandings.

A precise description of the different kinds of disciplinary offence wouldend up making lawful, or compatible with its role, behaviour which, even if notprovided for in the disciplinary regulations, is nevertheless reproved by socialconscience.

From this thought, which is based on a systematic study of possibly illicitactions, another conclusion can be drawn worthy of consideration: the creationof disciplinary bodies other than those traditionally employed in instances ofdisciplinary offence, which would be capable of protecting members of staffwho are obliged to abide by codes of conduct.

In other words, one could envisage a body provided with a structure andexpertise such that it could judge whether behaviour, considered within theframework of a code of conduct, is compatible or not with the values beingprotected, disregarding any question of a disciplinary nature.

It is a question of working out whether it is possible to establish, alongsidedisciplinary procedures, an ethical procedure in the strict sense; a procedurecapable of being initiated not only by the relevant responsible bodies but also bythe parliamentary officials in such a way as to allow them a 'free' forum inwhich they could air their questions concerning appropriate behaviour.

One could thus achieve the goal of placing the public interest in its widestsense before any individual or other interest, much more readily than would bepossible through legislative arrangements.

To the extent that there is agreement, in the interpretation of responses tothe questionnaire, in subscribing to the idea of a public employee - in particular


a parliamentary official - enjoying the confidence of the community whilst nothaving been elected by that same community, all the more can we then assertand support the reasons for a process of separation between political andadministrative authority.

It is from this perspective that questions concerning the establishment ofcodes of conduct and the rules which safeguard the role of the parliamentaryofficial ought to be considered.

Once it has been established, and it is clear from all the legal systemsstudied, that the organisation of parliamentary services is always related topolitical authority, and if the administrative service is also required to binditself to the community by an obligatory system of moral behaviour, then itsimply follows that the parliamentary service must be granted a necessaryorganisational autonomy. As a result, this autonomy in organisation leads to anautonomy for the code of conduct.

Undoubtedly the code of conduct must not abandon the parliamentaryofficial to the arbitrary opinions of those called upon to judge behaviour. Forthis reason it is necessary to establish categories in which the various kinds ofmoral (deontological) offence can be placed. It is only thus, within the frame-work of an indefectible principle of legality, that one could establish a 'legal'system of sanctions.

This brings one to the assertion that it is not the sanction but rather theevaluation of behaviour (and thus of performance) which constitutes the realoutcome of a procedure on the violation of the code of conduct. One can in thiscontext cite another element from responses to the questionnaire, where theCode has, amongst its other functions, the task of contributing to the recogni-tion of the good official and the adoption of a policy of encouragement throughthe highlighting of good performance, without fear or paternalism, so as toencourage emulation from other officials.

It is in fact only thus that the concept of the public official as a responsibleperson is promoted. From this viewpoint it seems that the code of conduct forparliamentary officials coincides with a possible code of conduct for membersof parliament.

In a case where the behaviour examined under the code of conduct also hasimplications of illegality, the criminal and disciplinary codes are automaticallyapplicable.

The questionnaire included finally one question which was inevitablygoing to result in very different and, at the same time, stimulating responses:that is, whether it would be practical and useful to produce a unified code of


conduct for parliamentary officials of the legislative assemblies within theASGP. Alongside certain totally negative responses, unaccompanied by ex-planatory comments, there were other viewpoints based on a realistic approach.One could give as an example the 'intermediate' response, which has receivedmost support, and which considers that a unified code of conduct is not realistic,even if there might exist a common core of values shared by all parliamen-tary officials, such as probity and impartiality. Amongst the intermediate'responses one can pick out those who considered that a collection of commonrules had the value of being a reference point for guidelines and recommenda-tions.

Given the wide range of positions, it is for the Association to decide. TheRapporteur has stated the requirement of the majority for the identification of agroup of common principles which would have to underpin rules of conduct forparliamentary personnel; they would have to be neither so general as to be banaland useless, nor so restrictive as to limit the autonomy of each parliamentarybureaucracy.

One would add the following point: at a time of globalisation and supra-national bodies, every effort aiming to establish common rules and facilitateunderstanding among persons engaged with the same problems appears quitecompatible with the principle of autonomy.

This then, is the ultimate purpose of this report: to go beyond the statementof differences so as to approach a common position. It basically involves thesame underlying perspective as that of the IPU in Bucharest, which was tosearch for an ethical common denominator for members elected to free anddemocratic parliamentary assemblies.

Table of responses to the questionnaire of Mr Mauro Zampini (Italy)Section A: The context for a cede of conduct: the position of parliamentary staff

within the institutional setting of each countryCountry/Chamber

ARGENTINA(Senate)

AUSTRALIA(House ofRepresentativesand Senate)

Basic principlesapplicable to the

activities ofparliamentary staff

Contained in theStatute on Staff ofthe NationalLegislature (law of1995).Other ethical codesexist, arising fromcustom and usage;principally -honesty, respect,loyalty, discretion.

They consist in:

- the fulfilment ofduties withprofessionalism,integrity andefficiency;

- politeness,impartiality andequality inrelations withthe public;

Recruitment and career

Generally, by competition;exceptionally and in cases ofurgency, by temporaryappointment.Two categories of staff:- permanent appointments- period appointments, linked

to the service of theMembers who have soughttheir appointment.

Career progression is byseniority and merit.Staff may assist parliamentarygroups.

Staff are recruited to the publicservice and then selected andassigned to various posts inconformity with the law onpublic employment. The Com-mittee on equal opportunitiesand public employment givesdirections for the engagementand recruitment of personnel.Recruitment is by:

- notices in theCommonwealth of

Status relative toother stateemployees

Special status.

The same as publicofficials.

Appointment, dismissal, andposition of Secretary General

Elected by the Chamber for1 year; may be re-elected.The SG is at the service ofMembers, but has the rank of aSecretary of State. He is thehighest official below thePresident/Speaker.

The SG of the Senate isappointed by the GovernorGeneral on the advice of thePresident/Speaker of theSenate. He is responsible forthe administration and is theprincipal adviser to thePresident/Speaker onparliamentary rules. The SG ofthe House of Representatives isappointed by the GovernorGeneral on advice from thePresident/Speaker of the House.

Appointments tomanagement

posts

By a politicalbody, withdecision-makingpower.By anadministrativebody, withdecision-makingpower.

See: Recruitmentand Career.

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Country/Chamber

AUSTRIA


activities ofparliamentary staff- the avoidance of

all conflicts ofinterest, etc.

Same as otherpublic officials(conscientiousness,neutrality etc.)


Australia Gazette and/or inthe press;

- selection followed byinterview.

The employment relationshipis as often indefinite as it isdetermined.

Career progression is by meritfollowing a notice in theCommonwealth of AustraliaGazette.

Parliamentary staff can workon a temporary basis forMembers of Parliament.According to the law onMembers of Parliament, staffin such a case are givenunpaid leave.

By competition, under thefederal law, with a periodcontract capable of indefiniteprolongation.


Same as federalofficials.


By the President/Speaker ofthe Nationalrat. He may not bedismissed at will.The SG is the head of theparliamentary staff.


posts

By the President/Speaker after openannouncement andassessment ofcandidates by amixed commissionof managementand unions.

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Country/Chamber

BELGIUM(Chamber ofRepresentatives)

BELGIUM(Senate)



Separation ofpowers.

Contained in theStaff Rules(chapter HI). Manyprovisions aretaken from thestatutes governinggovernmentofficials. Theparticular duties ofSenate staffinclude:- prohibitions

againstmultiple post-holding

- incompatibilities- the honour and

dignity of theservice

- discretion- etc.


By competition. Finalappointment is subject topassing a test.Career progression followsassessment in the 3rd, 10th &15th years of service,following a report by highermanagement.

By competition. After aprobationary year, theappointment is confirmed.Some categories have a time-limited contract. If there is amajor overload of work,external staff may berecruited.Career progression isautomatic, by length ofservice.Higher posts are filled onpromotion.There is no provision forsecondment to a politicalgroup.


Autonomous fromrest of the publicservice, with statusestablished by theBureau.

See "Basicprinciples".


By the Chamber (Art. 104 ofthe Rules).The Clerk/SG has authorityover all staff and services.

By the Senate (Art. 81 of theRules).He assists the President/Speaker. He is responsible forthe official record of sittingsand for the carrying out of theSenate's decisions. He isresponsible for convoking theSenate and its committees. Onbehalf of the Bureau, hemanages the various servicesand the staff.


posts

By the Bureau(a collegiatepolitical body).

By the Bureau, onthe basis ofproposals from theSG, afterconsultation withthe college ofQuesteurs.

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BRAZIL(Senate)

BURKINAFASO


activities ofparliamentary staffParliamentary staffare publicofficials. Publicofficials arerequired to obeythe principles laiddown in theConstitution,notably: legality,morality,openness, etc.

Contained in:- General Law on

the PublicService

- Law onPersonnel

- ParliamentaryRules


By public competition on thebasis of tests or qualificationsand tests; by directappointment, to postsspecified by law.For the former category,employment becomespermanent after a 2-yearprobationary period.Career progression is by meritand length of service.

Direct recruitment for contractstaff; secondment from thepublic service.Indefinite periods of appoint-ment.Career progression is basedon: competence, professionalconscientiousness, seniority.Secondment to parliamentarygroups to help during sessionsis possible.


Same status aspublic officials.

There is noseparate categoryof parliamentarystaff.


By the President of the Senate.He takes part in meetings ofthe Bureau; he is the linkbetween the Bureau and thevarious organs of the Senateand of the Chamber and otherpublic bodies.

By the President of theAssembly, with the agreementof the Bureau.The SG manages andcoordinates all the services ofthe Assembly.There are no hierarchical linksbetween Members and the SG.


posts

The basicadministrativestructure of theSenate is asfollows:(a) Management

Committee(b) Higher

Service (?)bodies

(c) Supervisedbodies

(d) Special bodies(e) Higher body

for planningand control (?)

(f) Central unitfor Co-ordi-nation andImplementation

By the Bureau (acollegiatepolitical body).By the Presidentof the Assembly(also anadministrativebody), whoappoints theHeads ofServices.

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Country/Chamber

CANADA(House ofCommons)

CANADA(Senate)



Duties ofparliamentary staffare laid down bythe HumanResourcesDirectorate.The duties ofMembers' staff arelaid down by theMemberconcerned.The Board ofInternal Economy(Speaker and8 Members) isresponsible for alladministrative andfinancial questionsconcerning Housestaff.

Professionalconscientiousness.Non partisan.


By competition, withpreference given to internalcandidates; by appointment,with the agreement of theSpeaker; by secondment.Contracts may be eitherpermanent or for a specifiedduration.Career progression isaccording to the writtenprinciples laid down by theHouse.

Appointment of officials by theStanding Committee on InternalEconomy, followingcompetition; appointment by theHuman Resources Directorate,following competition.Employment is usually on anindefinite basis, but fixed termcontracts also exist.Career progression is based ontraining and competitiveness.Staff may undertake work forpolitical groups.


As set down by theParliamentaryEmployment andStaff Relations Act.

Autonomous.


By the Governor in Council.The SG is the principal adviserof the Speaker and Memberson procedure, bothparliamentary andadministrative.

By the Executive (Governor inCouncil).He is responsible for thesmooth running of thechamber.He is the head of all staff.


posts

By competition,as vacanciesarise.

By Parliament, inaccordance withthe law; by theSenate, inaccordance withresolutions; bythe StandingCommittee onInternalEconomy.

Country/Chamber

CHILE(Senate)

COLOMBIA(House ofRepresentatives)



Contained inArt. 55 of theSenate Staff Rules;notably- commitment,

efficiency,politeness,honesty,discretion,impartiality.

Equality, morality,efficiency,impartiality etc.The fundamentalduties ofparliamentaryofficials include:

- respect for andapplication ofthe Constitution,laws, treaties,regulations.

The principalrights include:

- the receipt of amonthly salary;socialcontributions;

- etc.


Generally by competition, andof indefinite duration.Exceptionally, by contract,expiring on 31 December eachyear.Career progression is bypromotion, or, in certain cases,by competition.

- through normal recruitment

- by appointment from withinthe group of staff submittedfor selection

- by election to the post ofSecretary General of theinstitution or of theCommittees on law andjudicial committees.

Career progression is bycompetition, provided that:

- the required conditions aresatisfied,

- a good evaluation has beenobtained for the previoustwo years work,

- one has not been the subjectof any disciplinary measures.


Special status,including separateremuneration.

The same status aspublic employees,regulated by thelaw 200 of 1995,which introduced asingle disciplinaryCode.


By two-thirds of Senators.

Elected by the members of theHouse of Representatives for aperiod of two years. The SGdirects, coordinates and auditslegislative activity. Staffrelations are the responsibilityof the administrativedepartment.


posts

By two-thirds ofSenators.

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Country/Chamber

CONGO(NationalAssembly)

CONGO(Senate)

COUNCIL OFEUROPE(ParliamentaryAssembly)



Parliamentary staffhelp Members inthe exercise oftheir functions(staffmanagement,finance, recordsand archives, etc.).

Parliamentary staffwork in thevarious fields ofparliamentaryactivity under thecontrol of theBureau.

Independence andcompetence, asspecified in:- Statute for

Public Servants- Staff Rules


By secondment fromgovernment service; by directrecruitment by the Assembly,on a decision by the President/speaker.In principal, employment is ona permanent basis.

By secondment from thegovernment service.Career progression is theresponsibility of thegovernment office of origin,on the basis of reportsprepared by the chamber inwhich the official is working.

General competition, forpermanent appointments.Temporary appointment (max.6 years).Career progression by meansof internal competition up tograde A5. For grades A6 andA7, the final word rests withthe SG, after consultationswith the Committee ofMinisters.


Same status asgovernmentofficials.A draft statutecoveringparliamentary staffis currently beforethe Bureau.

Same status asgovernmentofficials.

Staff of theParliamentaryAssembly have thesame status as staffof the Council ofEurope.


By the President/Speakeracting in the Bureau.No provision is made fordismissal.

By the President/Speaker,following an opinion from theBureau.The SG is the hierarchical headof the parliamentary staff.

Elected by the Assembly for5 years, which can be renewed.No provision is made fordismissal. He enjoys a positionof independence in theadministrative field vis-a-visMembers.He holds a hierarchicalposition over staff of the Clerkof the Assembly, delegated tohim by the SG of the Councilof Europe.


posts

By the President/Speaker, acting inthe Bureau, onproposals from amember of theBureau or fromthe SecretaryGeneral.

By the Bureau (acollegiatepolitical body),on proposal froma member of theBureau.

Power rests withthe SG of theCouncil ofEurope.

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Country/Chamber

CROATIA

CZECHREPUBLIC


activities ofparliamentary staffIn:- Law on State

Officials andAppointees

- Decision on theAdministrationof Parliament

- Regulations onthe InternalOrganisation ofthe ParliamentaryAdministration

There is only onespecial rulegoverning staff inthe Rules ofParliament; thiscoversremuneration ofparliamentarystaff.


General competition.Generally employment is foran indefinite period;exceptionally, for theSecretary General and theDeputy Secretary General, fora period limited to four years.Career progression is underthe Law on State Officials andAppointees taking account of:professionalism; effectiveness,length of service.Staff may assist parliamentarygroups.

By competition, for anindefinite period ofemployment.Appointment is for a limitedperiod (generally for onelegislature) in the case ofadvisers to the President,Vice-Presidents, and(sometimes) Chairmen ofCommittees.


Same status asgovernmentofficials, with anumber of specialrules.

There is not yetany rule on this.A law on stateemployees,includingparliamentary staff,is currently in theprocess ofapproval.


By parliament, composed oftwo houses: Chamber ofDeputies and Chamber ofCounties.The SG of the Chamber ofDeputies is also SG ofParliament. He is appointed bythe Chamber of Deputies on amotion from the President/Speaker and the Bureau for4 years. The term is renewable.He is head of theAdministration.He participates in thepreparation and organisation ofparliamentary sessions. He ishead of the parliamentary staff.Normally he is a member ofthe Bureau, on the invitation ofthe President/Speaker.

By the President/Speaker, withthe assent of the Bureau.


posts

By theParliamentaryCommittee forElections,Nominations, andAppointments,for the highergrades. By the SGfor posts at lowerlevels.

By the SG.

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Country/Chamber

DENMARK

EGYPT



Covered by thecode of conductlaid down for Stateofficials.However, thiscode is not fullyapplicable to thesame extent to alllevels of post: itvaries according tothe importance ofthe post.

Contained inArticle 52 of theRegulations on theStaff of thePeople'sAssembly.Include: to upholdthe public interestproperly and withhonesty,respectability.Article 53 of theRules prohibitscontravention ofthe financial rulesor discussion ofparliamentarywork in public.


After publication of vacanciesin the more importantnewspapers, officials arerecruited on the basis of jobinterviews.Appointment is by theSpeaker/President.Employment is generally foran indefinite period.

By examination followingpublic advertisement.By direct recruitment by theBureau or the President/Speaker. Employment isgenerally for an indeterminateperiod.Career progression takes placebased on- level of training- foreign language courses- cooperation with other

parliaments- etc.


No special status.In general terms,the law governingstate officials isapplicable.

Special status,particularly inrespect ofremuneration.


By the Presidium (Speaker/President and 4 VicePresidents) subject to theapproval of the StandingOrders Committee.The SG assists the Speaker/President and the Presidium.He is the head of theparliamentary administration.

By the Bureau, on a proposalby the President/Speaker.He is present at all sittings andis at the head of all Assemblyservices, for which he isresponsible to the President/Speaker.


posts

By the President/Speaker afterconsultation withthe VicePresidents and theapproval of theStanding OrdersCommittee.

By the Bureau.

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ESTONIA

FINLAND

FRANCE(NationalAssembly)


activities ofparliamentary staffDuties are set out in:- Regulations on

the Chancellery(Secretariat Ge-neral) Services

- Employmentregulations

They require: politi-cal neutrality, highlevel of professio-nalism, loyalty.

De jure: theConstitution andthe Law on PublicAdministration.De facto:administrative andparliamentarypractice.

An order of 1958provides for parlia-mentary officials tobe state officials butto enjoy an autono-my determined bythe Bureau of theAssemblee.They must show:- helpfulness;- political

neutrality;- professional

discretion.

Recruitment ami career

Public competition for jobs ofindefinite duration.Direct recruitment for fixedterm posts.Career progression is subjectto professionalism and goodconduct.

By the "Office Commission"of Parliament, after publicadvertisement of vacancies.Employment is generally foran indefinite period.

By external or internalexamination. In eachdepartment officials progressaccording to a system ofquasi-automatic advancementevery two years, and ofadvancement in class andgrade, by selection.Movement from onedepartment to another is onlypossible by means ofexamination. There areexaminations forparliamentary officials.


Same status asState officials, witha few exceptions.

Subject to theParliamentary CivilService Act; ineffect, the samestatus asgovernmentofficials.

An independentstatus but one thatdoes not differfundamentallyfrom the generalstatus for thePublic Service.


By the Bureau, followingpublic competition.The SG has a coordinating rolewith respect to Members. He issubordinate only to theBureau.

Following an election byParliament in plenary sitting.He is the head of theadministration.

By the Bureau. The two SGsmust be chosen from amongthe officials of the Assemblee.

The SG of the Assembleemanages the legislativeservices; the SG of theQuesture manages theadministrative services.


posts

By the SG.

By a politicalbody - the "OfficeCommission" -presided over bythe Speaker/President.

By the Bureau (acollegiatepolitical body).

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FRANCE(Senate)

FYRofMACEDONIA

GERMANY(Bundesrat)


activities ofparliamentary staffContained in aspecial statuteprepared by theBureau. Despitethe separate natureof this statute,general principlesof law areapplicable.

Contained in:- the Constitution- the Law on

Administrativebodies

Contained in:- the Fundamental

Law- the Federal

Public ServiceLaw


By competition, for permanentappointments.Career progression is by:1. Promotion in class, after a

minimum 2 years service;2. Promotion in grade, by

selection from amongofficials of a given lengthof service, by a joint bodycomprising representativesof management and ofstaff.

By general competition or bypublic advertisement; also bysecondment.Appointments are generallyfor an indefinite period.Career progression is based onassessment of performance.

Following advertisement.Employment is for anindefinite period.Bundesrat officials can workfor a parliamentary group inthe Bundestag; there are noparliamentary groups in theBundesrat.


Autonomousstatute, though thesimilarities to thestatute governingthe general publicservice arehowever very greaton a wide numberof points.

Same status asgovernmentemployees.

Same status asother Federalofficials.


By the Bureau, which chooseshim from among the twohighest grades in theAdministration (directeurs andconseillers). Dismissal is notprovided for.The SG of the Presidency andthe SG of the Questure managethe legislative and theadministrative servicesrespectively. They are the focalpoint for the politicalauthorities of the services forwhose management they areresponsible.

By the Assembly, with a termof 4 years, on a proposal fromthe Elections andAppointments Committee, apolitical organ of theAssembly.The SG is the head of theprofessional services of theAssembly.

By the President/Speaker withthe agreement of theBundesrat.The SG (Director) assists thePresident/Speaker and directsthe Secretariat of the Bundesratin accordance with the instruc-tions of the President/Speaker.


posts

By the Bureau, apolitical body.

By the Electionsand AppointmentsCommittee, on aproposal from theSG, for the topposts.Directly by theSG for otherposts.

By the Director(SG), afterconsultation withthe StandingConsultativeCouncil.

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Country/Chamber

GERMANY(Bundestag)

GREECE


activities ofparliamentary staffThe duties ofparliamentary staffare found in thelaws of the PublicAdministrationand in institutionalconventionsrelating to publicemployment andfederal employees.In particular theyconsist in:- the fulfilment of

tasks withconscientiousnessand impartiality;

- loyalty to theliberal-democra-tic constitutionalsystem;

- moderation andlimitation topoliticalactivities, etc.

Contained in theRules ofParliament(Section (b): staff).They have thesame civil rights asgovernmentofficials.


By selection following thepublic announcement ofvacant positions. Therecruitment of women isparticularly encouraged. Withregard to public employees.after a probationary period ofbetween 3 to 5 years,employment is permanent.Career progression forparliamentary staff is based onmerit and on principlesestablished by the Bundestag.Officials can obtain unpaidsecondments to parliamentarygroups. In this case, they areplaced on leave. Temporarysalaried employees arerecruited through a privateemployment contact.

By general competition, forpermanent posts. For periodcontracts, appointment followsa decision of the President/Speaker.Career progression is similar tothat of government officials.A limited number of staff maywork for parliamentary groups.



Set down by theRules of '"Parliament, whichhowever largelyrefer to the Codegoverning thepublic service.


By the President/Speaker withthe agreement of thePresidium. He is head of theParliamentary Administration.On authorisation of thePresident/Speaker, he canpromote staff and represent thePresident/Speaker indisciplinary matters.

By the President/Speaker.The post of SG is of a politicalnature. Appointment to thepost lasts as long as the term ofthe President/Speaker.


posts

The staff of theBundestag areunder theauthority of thePresident/Speaker. Thelatter inaccordance withthe Regulationsand on the adviceof the Presidiumassigns the postsof head ofdivision,committeesecretary, etc.

By the President/Speaker, with theassent of theCommittee onRules.

8Q.I15'a

IQ&5?I>

i

Country/Chamber

HUNGARY

INDIA(Rajya Sabha)

IRELAND



They are containedin:- Law 23/1992 on

the legal status ofstate employees

- ResolutionNo. 46/1994 onthe Rules ofParliament

- Rules ofparliamentaryprocedure

Same as fornationalgovernmentofficials.

Contained in theStanding Orders ofthe Dail, in certainFinance MinistryCirculars, and inthe Staff of theHouses of theOireachtas[Parliament]


By competition, for permanentappointments.Career progression isgoverned by the Law on thestatus of state employees.Parliamentary groups havetheir own staff.

By a separate recruitingagency for parliamentary staff.Recruitment is initially on atemporary basis. It becomespermanent after completion ofa satisfactory trial period.Temporary appointments fromgovernment departments arepossible.Career progression is byselection.

Recruitment is through theCivil Service Commission,with appointments generallybeing permanent (indefinite)appointments.Career progression is bycompetition open to all stateemployees.



No special status,but theConstitutioncontains a specificprovision for theSecretariat ofParliament.



By the President of theAssembly.The SG is in a position ofneutrality relative to Members.

By the Chairman of the RajyaSabha.

By the Prime Minister, on therecommendation of theChairman of the Dail and theFinance Ministry. Dismissalcan only take place on arecommendation from theChairman.


posts

By the SG or bythe DirectorGeneral forEconomicAffairs.

By the Chairmanof the RajyaSabha.

For certainimportant poststhe power ofappointment restswith the PrimeMinister (theSuperintendentand the Captainof the Guard)

1.00

I85

Q.

S'n

iIi

Country/Chamber

ISRAEL

JAPAN(House ofRepresentativesand House ofCouncillors)

REPUBLIC OFKOREA(NationalAssembly)


activities ofparliamentary staffAct 1959.Parliamentary staffare stateemployees.

Contained in theCode for Stateofficials.

They are containedin the Law on theStaff of theNational Diet, aswell as other lawsand regulation.

The principles arecontained in theLaw on PublicEmployment.They consistparticularly in:- the accomplish-

ment of appro-priate duties;

- obedience;- courtesy;- confidentiality;- political

neutrality.


By competition; as a rule,permanent.

By examination on the basisof the Regulations on theexaminations forparliamentary staff;appointment is for anindefinite period. Assistants tomembers of parliament areemployed by theparliamentarians themselves.


Status is not thesame as forgovernmentofficials.

The same status asState employees.


The SG is an official of theNational Diet. He is elected bythe members of each Chamber.Legally he cannot be removedexcept with his own consent.

By the President/Speaker onapproval from the Assembly.The SG managesadministrative affairs and isthe head of staff.


posts

after consultationwith theChairmen of theD&il and theSenate.

By the SG.

By the President/Speaker

a.

i.I

5'ien

ETI

%

Country/Chamber

KUWAIT

NAMIBIA(NationalAssembly)

NEPAL



Contained in the:- Rules for staff of

the NationalAssembly

- Civil ServiceCode

De jure:impartiality andprofessionalism onthe basis of rulescontained in thelaw on publicadministration(Law 13 of 1995).

De facto: equality.

They are containedin theConstitution.


By appointment and bysecondment from Ministries.Contracts of employment arepermanent, but the possibilityof fixed-term contracts alsoexists.

Recruitment is by internalnotices for lower posts and bynotices in die press for posts ata higher level. After a year onprobation, the appointmentbecomes permanent. Odiertypes of employment (for alimited period, by contract)are rare.

They cannot work in politicalpositions.


Special status.

They are publicemployees.


By resolution of the President/Speaker after approval by theBureau.The SG is the head of theparliamentary administration.

By the President/Speakeraccording to article 52 of theConstitution and article 5 ofthe law on publicadministration, in particularwith regards to dismissalwhich is the responsibility ofthe Prime Minister, on adviceof the Committee on PublicAdministration.

However, the President/Speaker can also demand hisdismissal in cases of illness,misconduct, etc.


posts

By the President/Speaker, acting inboth his politicalandadministrativecapacities, afterconsultation withthe Bureau.

Officials of asenior grade areappointed by theCommittee onPublicAdministration,which is anadministrativebody.

oo

ao

5"n

3

II.s

Country/Chamber

NETHERLANDS(SecondChamber of theStates General)

NEWZEALAND

NORWAY



The same as forthe PublicAdministration,but the Bureau ofthe Chamber, afterdiscussion with thetrade unions, candecide on specialnorms.

Impartiality,effectiveness,honesty.Responsibility forobservance ofthese principlesrests with SG/Clerk.

Dejure: Act onWorker Protectionand WorkingEnvironment;Handbook for stateemployees; Act onState employees.De facto: specificarrangements forParliament arecontained inspecial regulationsfor managers andemployees.


Through a notice in the press orthrough an external recruitmentagency followed by an internalprocedure. After one or twoyears, the employmentrelationship is made permanent.Career progression isdetermined by the Clerk or thetwo Directors. The Chamber,on the proposal of the Bureau,appoints the Deputy Clerks.

By public announcements ofvacant posts.Permanent contracts.Salary is subject to annualrevision.

By advertisement innewspapers and reviews.Contracts are generally for anindefinite period.In certain cases fixed-termcontracts are used (4 years,renewable, e.g. for committeesecretaries).The economic side of careerprogression is according toseniority.


In theory anautonomous statusbut in practice it isalmost identical tothat of stateemployees.

Special status.

By competition forvacancies.Same status asgovernmentemployees.


By the Chamber, in a secretballot, on the proposal of theBureau.

By the Governor-General, on therecommendation of the Speaker/President, after consultation withthe Prime Minister and the Leaderof the Opposition.He has a 7 year term of officeand may be re-appointed.The Clerk/SG is tile principaladviser on parliamentary proce-dure.

By the Assembly, on aproposal from the Presidium,with a 6 year term of office.The SG is the head of theparliamentary administrationand the Secretary-Adviser tothe Presidium on constitutionaland administrative matters.There is no hierarchical linebetween the SG and Members,who have their own staff.


posts

The two Directorsare appointed bythe Bureau fromamong theDeputy Clerks.The othermanagementfunctions aredecided upon bythe Clerk or thetwo Directors.

The Deputy Clerkis also appointedby the Governor-General.All other staff areappointed by theSG himself.

By the Presidium,for the highestposts, on aproposal from anadministrativebody and fromtheSG.

a

Io

5*

I3

I

Country/Chamber

PHILIPPINES(House ofRepresentatives)

POLAND(Sejm)



De facto: loyalty,honesty,effectiveness.courtesy, etc.De jure: they arebased on theprovisions laiddown in theConstitution, laws,Rules and theAdministrativeCode.

Responsibilitiesare found in:- Law 16.9.82 on

public officials;- organisational

arrangements ofthe Secretariat ofthe Sejm.

- Code ofemployment.


According to rules laid downby the Civil ServiceCommission; assessment ofindividual qualifications;academic background; workexperience; and thencompetitive examination andinterviews.The contract of employmentmay be:- permanent (after 6 months

trial);- till the end of the

Legislature;- for a specified period, in the

case of certain jobs.Career progression isgoverned by the laws for stateemployees and the Manual ofSystems and Proceduresadopted by the House. Staffmay assist parliamentarygroups.

Recruitment is by means ofnotices of vacant posts, then aselection board, a medicalinspection and anotherqualification board whereterms of service are discussed.

The job can be either oflimited duration or indefinite.



The same as for allstate employees, ascontained in Law16.9.1982. A draftof a differentregulation forparliamentaryofficials is,however, beingstudied.


By the House, on a majorityvote.He is the principal adviser tothe Speaker/President andMembers on legislative issues.He is also the head of allpersonnel.

By the Marshal of the Sejm, onthe advice of the Committeeon Rules.

The SG is the head of theofficials of the Secretariat, Heis responsible for the budget ofthe Secretariat and the heritageof the Treasury administeredby the Secretariat of the Sejm.


posts

By the President/Speaker forHeads ofDepartments andOffices, afteradvice from theSG.By the SG for theHeads ofSections, afteradvice from thePromotionsBoard.

By the SG (Headof Chancellory)on the basis of acontract.Promotion is byselection.

a

ia.

iI

Country/Chamber

POLAND(Senate)

Baric principlesapplicable to the


They consist in:- observance of

the laws andConstitution;

- impartiality;- discretion;- incompatibility

with other em-ployment, apartfrom that author-ised by the Se-cretary General;

- prohibition ofstrikes.

In;- The law on

publicemployment(1982), a law onthe limitation ofthe activities ofpublic officials;

- The Rules of theSenate;

- Rules laid downby the Marshalof the Senate;

- Arrangementsmade by the SG.


Career progression is byperiodic evaluations ofprofessional activity andtraining courses.

The parliamentary officialscan be allocated to groups onthe authorisation of the SG.

There is no de jurerecruitment procedure. Vacantposts are notified in the press.Directors and deputy directorsare appointed on a permanentbasis. Other officials are oncontract for a probationaryperiod of between threemonths and a year and thenemployed on an indefinitebasis. The Rules of theChancellery of the Senate laysdown conditions for the fillingof each grade. A similarexperience is demanded ofDirectors. Parliamentary staffcan work for a parliamentarygroup.




By the Marshal of the Senate,after having listened to theviews of the Presidium and theCommittee on Rules. Heorganises the work anddepartments of the Senate andassists parliamentarians in theexercise of their duties withoutbeing subordinate to them.


posts

By the SG.

D.

noQ.n

3ET

Ii

3

Country/Chamber

PORTUGAL

ROMANIA(Chamber ofDeputies)

ROMANIA(Senate)



They are containedin:- the Organic Law

of the Assemblyof the Republic(LOAR)

- the Rules ofParliament

- Laws and Rulesof CentralGovernment.

No politicalactivity;independence ofopinion.

De jure:- the Rules on the

organisation andactivity of the staffof the Senate;

- the Rules of theSenate.


By general competition;employment is for anindefinite period.By appointment only forsenior posts.Career progression is bycompetition.They may assist parliamentarygroups, subject to theauthorisation of the SG.

General competition.Employment is for anindefinite period.Career progression is subjectto merit or by means ofcompetition.

By competition or examination,or by direct appointment,usually for an indefinite period.with the possibility ofemploying staff for a limitedperiod. Dismissal takes placeafter a decision by the SG.


A special statute,provided for in theLOAR, is in theprocess ofpreparation.

There is no specialstatus forparliamentary staff.

Parliamentaryofficials do notenjoy a specialstatus in relation topublic officials;they have,nevertheless,


By the President of theAssembly, with the assent ofthe Administrative Council.The SG is only responsible tothe President. The term ofoffice coincides with theperiod of the legislature.

By the Chamber. The SG is thehead of the administration andensures its position ofimpartiality towards Members.

By the Senate, for the durationof a parliament, on theproposal of the President/Speaker. He can be dismissedon a proposal from at leasttwenty senators. The SG is thehead of Senate staff and he


posts

By the President,on the proposal ofthe SG, after theassent of theAdministrativeCouncil (apolitico-administrativebody composedof a Memberfrom eachparliamentarygroup, the SG,and a staffrepresentative).Senior managersare appointed fora renewable3 year period.

By the SG, afterconsulting theStanding Bureau.

By the permanentBureau.

Oo

I.I63

i.

S3i

Country/Chamber

RUSSIA(Federation of)



De facto:- not belonging to

a political party;- incompatibility

with managerialresponsibility incommercialenterprises andorganisations.

- irreproachablemoral and profes-sional conduct;

- independencefrom theExecutive;

- non-interferencein the functionsof the otherpowers of theState.

- Respect for theConstitution;

- protection ofhuman rights;

- separation ofpowers;

- professionalism;- transparency;- neutrality;- etc.In:- the Constitution;- federal law (law


By competition.

Parliamentary staff are in twocategories:

- direct support staff for thework of the President of theCouncil of the Federationand the Vice-Presidents, em-ployed for a limited period;

- staff responsible for theorganisational activity of theCouncil of the Federation,


different functions(Law 53/92 Rulesof the Senate).



draws up, along with theQuesteurs, the draft budget ofthe Senate.

By the President/Speaker.


posts

Heads ofDepartment, bythe President/Speaker. Heads ofcommitteesecretariats, bythe Head of theAdministration.

9a.So

a.

I65

wgiI

Country/Chamber

SLOVENIA

SPAIN (Senate)



on Stateemployment);

- the Rules of theCouncil of theFederation;

- decree on staffof the Council ofthe Federation.

- Professionalism- Political

impartiality- Loyalty

Regulation on staffof Las CortesGenerales,approved by theBureau of the twochambers on26.6.89 and havingthe force of law.


employed on a permanentbasis.

- Career progression is bycompetition.

Advertisement of vacancies inthe media; assessment ofcandidates by the PersonnelService; selection by theElections, Appointments andAdministrative AffairsCommission or by the SG.Career progression is subjectto the Regulations onPromotion in the offices of theNational Assembly, generallyevery 3 years.

By public examination after aselection undertaken by aCommittee consisting ofmembers of the Bureau, expertsand independent officials.Recruitment is for an indefiniteperiod. Career progressionoccurs by examination on meritamong parliamentary officials,with the possibility of appeal tothe Bureau or administrativetribunals.


There is no specialstatus.

Basically the sameas state employees.


By the Assembly, for a 4 yearperiod.He is responsible for thesmooth running ofparliamentary work.Dismissal before the end of histerm of office can only takeplace on a proposal from theElections, Appointments andAdministrative AffairsCommission.

By the Bureau, on the proposalof the President/Speaker fromamongst administrativeofficials of the CortesGenerales with more than fiveyears service. The SG is thehead of all staff and of alldepartments.


posts

By the Elections,AppointmentsandAdministrativeAffairsCommission, on aproposal from theSG.

By the SG, for thedeputy SGs andthe heads ofdepartments.

(SION

I

5

8?

III

Country/Chamber

SWEDEN

SWITZERLAND(FederalAssembly)

TANZANIA(NationalAssembly)



There are nogoverningprinciplesspecifically forparliamentarystaff.

In:- Federal Regula-

tion on Parlia-mentary Services(7/10/88)

- Guidelines andGeneral Objectivesfor the Parliamenta-ry Services (1992)Administration iscommon to the twoChambers (Natio-nal Council andCouncil of States).

The only principleis thatparliamentaryofficials do notbelong to anypolitical party.


By open advertisement innewspapers or internallywithin Parliament.Contracts are for an indefiniteperiod, except for the SG andthe Director General.Career progression arises fromapplication for a new post.Parliamentary groups havetheir own staff.

By public competition or byinternal recruitment. 90% arepermanent. With regard to theothers, the period is for fouryears and is renewable. Whereservice is to the appropriatestandard, they are promoted tothe highet possible grade forthe post in question. It ispossible to change posting andto obtain a more importantposition if one becomesvacant.

By the Government, for anunlimited period. Careerprogression takes place everythree years; also followingcourses and seminars forofficials. They cannot assistparliamentary groups, exceptfor a limited period.



Same status asother officials.

The same status asstate employeessince they arethemselves alsostate employees.


The SG is appointed by theRiksdag.The Director General, whoserank is the same as that of theSG, is appointed by theAdministrative Board.In theory, the Riksdag canrevoke the mandate of the SG.This has never happened inpractice.

By the Government on therecommendation of theBureaux of the two Chambers.A possible dismissal would bedecided by the Federal Councilon a proposal from theBureaux of the two Chambers.The SG is responsible for theeffective operation of theparliamentary services (Lawon the relations between theCouncils).

By the President of theRepublic. The SG is the Headof Administration and Staffand he is responsible for thebudget of the Assembly.


posts

Depends on theparticular post:- Committee

Secretaries areappointed by apolitical body

- Other posts arefilled by theDirectorGeneral

Managementsposts are assignedby a collegiateadministrativebody (SG,Deputy SGs,Secretary of theCouncil ofStates).

nIa.o< -

S5a63

sr-3

(SI-J

Country/Chamber

UNITEDKINGDOM(House ofCommons)

UNITEDKINGDOM(House ofLords)

URUGUAY


activities ofparliamentary staffSet out inparagraph 166 ofthe StaffHandbook. Theyconsist notably of:- loyalty- impartiality .- prohibitions

against conflictsof interest, etc.

Contained inArticle 221 of theStaff Handbook.Notably:- loyalty to the

House- impartiality- prohibition

against puttingany privateinterests abovethe service of theHouse, etc.

They are containedin:- the Constitution,

which lays down,among otherthings, that


By general competition, forpermanent posts; some postshave a maximum duration of5 years, others of less than1 year.Career progression for "FastStream Grades" takes accountof length of service and levelof performance, in a similarway to the governmentservice.

By competition. Officials takepart in the same competitionas government officials andHouse of Commons officials.Employment is generally on apermanent basis, with certainposts limited to 5 years.Career progression is based onlength of service, age andlevel of professionalism.Staff do not work forparliamentary groups.

Direct appointment by the Pre-sident of the Senate. In somecases, there is a competitionbased on examinations andqualifications.Permanent contracts of


They are notofficials of theGovernment. But itis provided by lawthat theirconditions ofemployment shallbe broadlycomparable tothose ofgovernmentofficials.

Although there is adistinction betweenLords' staff andgovernmentservice, theremuneration andconditions ofservice are thesame.

Laid down by theLaw on StateEmployees.


By the Queen.

By the Queen.

By the Senate, on a roll callnominal vote by simplemajority.For dismissal, an absolutemajority is required, on theproposal of the President or aSenator.


posts

Generally, by theClerk (SG)followingassessment ofmerit by aselection board.

The ClerkAssistant and the"Reading Clerk"are appointed bythe LordChancellor, withthe assent of theHouse.All other staff areappointed by theSG (Clerk)following acompetitionbased on merit.

oo

5*E.asa.

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a

Country/Chamber

ZAMBIA



officials are atthe service of thecountry;

- the Law on Senatestaff, which laysdown the rights,duties, responsibi-lities and sanc-tions applicable tostaff;

- ordinary law,particularly inrespect ofbudgetarymatters.

These are inessence de factoprinciples such asconscientiousness,honesty, fairness.


employment.Career progression, as set outin the Law on Senate staff, isby competition based onqualifications, orqualifications and exams,before a committee whichincludes candidates'representatives.

Through selection byinterview, after advertisementin newspapers and periodicals.The contract of employment ispermanent until retirement age(55), and can be extendedbeyond this point.Career progression is based onlength of service, merit, andthe obtaining of higherqualifications.Staff may assist parliamentarygroups.


Special statusrelative to Stateemployees.


By the President of theRepublic. The appointment isratified by the NationalAssembly, which has thepower of dismissal.The Clerk/SG is the head ofthe institution.


posts

By the Presidentof the Assembly,on the proposal ofthe Clerk/SG.

8

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"g5'3n

I3ST3

Section B: Main features of existing or planned codes of conductCountry/Assembly

ARGENTINA (Senate)

AUSTRALIA (House ofRepresentatives and Senate)

AUSTRIA

BELGIUM (Chamber ofRepresentatives)

BELGIUM (Senate)

Existence of a CodeNo Code of Conduct in a strictsense, but there is a Statute on theStaff of the National Legislature.

Yes. From 1979 "Guidelines on theConduct of Public Officials of theCommonwealth" have beenintroduced. The Committee onequal opportunities and the publicservice supervised the latest editionin 1995.

i

The offices of Parliament haveadapted these principles for theirown staff thanks also to thepublication of a supplementarybrochure.

No.

No, although the Statute onPersonnel lays down provisions onmatters such as:- incompatibilities- prohibitions against receiving

gifts or favours or revealingconfidential information

- sanctions

No

Source/origins

By a vote in both Houses.

By the Committee for PublicService. The 1995 edition by theCommittee on equal opportunitiesand the public service.

-

-

Areas covered

The Statute covers all areas ofconduct, and lays downdisciplinary measures.

- Relations between the PublicService, Government andParliament;

- the duties of public officials vis-a-vis the public;

- rules on the behaviour of everypublic employee;

- conflict of interests

- behaviour in relation tocolleagues;

- fraud;

- etc.

-

-

o

6JQ.

3

Country/Assembly

BRAZIL (Senate)

BURKINA FASO

CANADA (House of Commons)

CANADA (Senate)

CHILE (Senate)

COLOMBIA (House ofRepresentatives)

CONGO (National Assembly)

CONGO (Senate)

COUNCIL OF EUROPE(Parliamentary Assembly)

Existence of a CodeNo. It would be for the Union toestablish a single legal regime forpublic officials. Nevertheless, thereis a Code of Professional Conductfor civil public officials of theFederal executive power.

No.

There are written guidelines forconduct dealing with conflicts ofinterest, political activity, andharassment.

The code is based on the provisionsgoverning government employees.

Article 3 of the Rules lays down theduties of officials.

A single disciplinary Codeapplicable to all state employees,including parliamentary officials.

No.

No.

-

Source/origins

-

The Board of Internal Economy ofthe House, after preparation by theHuman Resources Directorate.

The Senate, following a report andrecommendations from theStanding Committee on InternalEconomy.

By the Senate, on consideration of adraft prepared by the SG and theCommittee on regulation of internalaffairs.

The Congress of the Republic.

-

-

-

Areas covered

-

Conflicts of interest.Political impartiality.For its part, the House ofCommons must provide a workenvironment free from harassment.

Conflicts of interest; receipt offavourable treatment; peddlinginfluence; acceptance of benefits/gifts; sale of information.

All the duties of officials and someaspects of behaviour affecting thedignity of the post.

- illicit gain;- political pressures exercised by

virtue of the post occupied;- unjustifiable dereliction of duty;- publication of state secrets.

-

-

-

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aI

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i

Country/Assembly

CROATIA

CZECH REPUBLIC

DENMARK

EGYPT

ESTONIA

FINLAND

FRANCE (National Assembly)

FRANCE (Senate)

Existence of a CodeThere is no Code of Conduct forparliamentary officials. Their rightsand duties are governed by the Lawon State Officials, by the Decisionon the Administration ofParliament, and by the Regulationson the Internal Organisation of theParliamentary Administration.

No.

No.

No. But the Staff Rules contain aChapter (VH) on the duties andrights of personnel.

No. The Law on State Employeesgoverns conduct in publicemployment, including that ofparliamentary staff.

No.

No. The independent regulationdefines a certain number ofresponsibilities and sanctions.

No. The Rules of the Senate includecertain obligations such as the dutyof service and professionaldiscretion.In practice, parliamentary officialsare subject to a duty to maintainconfidentiality.A review is being conducted at theinitiative of a group ofparliamentary officials on the job ofa parliamentary official.

Source/origins

-

-

-

-

Areas covered

-

-

-

-

nS

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Country/Assembly

FYR of MACEDONIA

GERMANY (Bundesrat)GERMANY (Bundestag)

GREECE

HUNGARY

INDIA (Rajya Sabha)

IRELAND

ISRAEL

JAPAN(House of Representatives andHouse of Councillors)

REPUBLIC OF KOREA(National Assembly)

KUWAIT

Existence of a CodeNo. The questionnaire may serve toinspire one.

No.

No.

Part B of the Rules of the Chamberis devoted to parliamentarypersonnel. They have the sameduties as government employees.

No.

No. The Code of Conduct fornational government employeesapplies.

No. The Finance Ministry isresponsible for laying down theconditions to which publicemployees are subject.

No.

No.

No.

Yes. It follows the model of theCivil Service Code with somemodifications.

Source/origins

-

-

-

-

-

-

-

-

By the President/Speaker, afterconsultation with the Bureau.

Areas covered

-

-

-

-

-

-

-

-

Rules govern appointments,promotion, salaries, sanctions andthe length of employment.

I1383

I

Country/Assembly

NAMIBIA(National Assembly)

NEPAL

NETHERLANDS(Second Chamber of the StatesGeneral)

NEW ZEALAND

NORWAY

PHILIPPINES (House ofRepresentatives)

POLAND (Sejm)

POLAND (Senate)

Existence of a CodeThere is a Code for the staff of thepublic administration, introducedby the law on public administrationof 1995, integrated with Regulationno.211 of 1995 on publicadministration. This Code iscurrently in the process of revision.

The code is contained in a bill inthe process of being approved.

No.

No.

No. New staff follow a 1-dayinduction programme on behaviour,overseen by the Presidium and theSG.

Yes: the Code of Conduct andEthical Standards for publicofficials and employees.

No.

No.

Source/origins

The Department of PublicAdministration, supervised by theCommittee on PublicAdministration, after the approvalof the Prime Minister.

-

-

-

Enacted by Congress and approvedby the President of the Philippines(1989).

-

-

Areas covered

All areas. Disciplinary measures ofvarying severity are provided for,culminating in dismissal.

-

-

-

All the rights, duties andresponsibilities of publicemployees.The Code also lays down thedisciplinary rules which areapplicable for breaches of theCode.

-

-

I5"ii.

5'

I3Io

Country/Assembly

PORTUGAL

ROMANIA (Chamber of Deputies)ROMANIA (Senate)

RUSSIA (Federation of)

SLOVENIA

SPAIN (Senate)

SWEDEN

Existence of a CodeUnder preparation.There is a behavioural Charter forpublic employment which isapplicable to parliamentaryofficials. There is also adisciplinary Statute.

No.

The draft Regulation onparhamentary officials is in theprocess of being drafted.

No.

No.

No, however the majority ofresponsibilities andincompatibilities are contained inthe Regulations on the staff of theCortes.

There is no code. The laws relatingto government, and collectiveagreements, are applicable.

Source/origins

The Charter has been approved by aresolution of the Government and isapplicable equally to parliamentaryofficials under a provision in theLOAR.

-

-

-

Areas covered

The basic values to be followed,such as: legality, neutrality,responsibility, integrity, pursuit ofthe public interest etc.Duties with respect to:1) citizens (equality, impartiality,

competence, courtesy),2) government (reserve,

discretion, solidarity,commitment),

3) sovereign bodies (commitment,loyalty, etc).

-

-

-

Defined as obligations inChapter VI of the StaffRegulations:- respect for the Constitution and

the legislative body;- political impartiality;- obedience to orders;- incompatibility with other

economic and political activities.

a

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S3

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OS

Country/Assembly

SWITZERLAND(Federal Assembly)

TANZANIA(National Assembly)UNITED KINGDOM(House of Commons)

UNITED KINGDOM(House of Lords)

URUGUAY

ZAMBIA

Existence of a CodeNo, although there are guidelinesinspired by regulations in force inthe Administration.

No.

The Staff Handbook and theManagement Code have sectionsgoverning the behaviour ofparliamentary staff.

Yes. It comprises part of the StaffHandbook of the House of Lords,supplemented in some cases by theCivil Service Management Code.The Staff Handbook also contains adisciplinary code.The conditions of work forgovernment officials, House ofCommons officials, and House ofLords officials are similar.

The Code is included in the Law onSenate Staff.It is based on the basic principleslaid down by the Constitution andin part on the statutes of other statebodies.

Yes. It follows the model of theGeneral Orders of the Civil Service.

Source/origins

These concepts have been adoptedby the Management ofParliamentary Services.

-

By the Board of Management,comprising the heads of servicesand by, the House of CommonsCommission, chaired by theSpeaker, after consultation withrecognised unions.

By the Personnel Department, inthe name of the SG/Clerk, afterconsultation with the Unions.The Management Code is issued bythe Government.

By the Senate.

By the Office of the Speaker, viathe Clerk's Office.

Areas covered

- Neutrality;- Confidentiality.

-

Political activity.Disclosure of, or publications on,official matters.Management of private financialmatters.Acceptance of gifts.Private telephone calls, etc.

Numerous, including:outside employment, politicalactivity, disclosure of confidentialinformation, writing on issuesbefore their discussion inparliament, acceptance of gifts,private telephone calls, dress, etc.

Proper discharge of duties.

- absenteeism- indiscipline- poor performance- theft- improper dress- etc.

Section C: General definition of the nature, aims and content of a code of conduct

Country/Assembly

ARGENTINA(Senate)

AUSTRALIA(House ofRepresentatives andSenate)

AUSTRIA

Appropriateness/Effectiveness

The existing Statute isthe most appropriateinstrument.

The Code is only oneof the measures toadopt in order toachieve a respect forcertain standards.

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for parliamentary staffMethod of adoption

The Statute wasadopted taking intoaccount the demandsof staff, through therepresentative unions.

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Sanctions

Yes, applicable by therelevant services, inthe event of breach ofthe provisions of theStatute.The decision issubject toadministrative reviewor to appeal.

They are notcontained in the Code,but in the law on thepublic service, whichincludes in particular:- suggestions;- warnings;- deductions in pay;- transfer;- dismissal.

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Content

A code of ethicsshould include generalprinciples as well asspecific rules. It isappropriate to adopt asingle body of rulescovering all conduct ofparliamentary staff,both from the ethicalpoint of view and fromthe individual,administrative etc.angles.

Only generalprinciples. Specificrules are contained inthe law on publicservice.

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Scope of application

All personnel.It would be useful forthe ASGP to adopt asingle code.

To all staff. It is notrealistic to think of asingle code for all theparliamentaryassemblies of theASGP. The Codes forMinisters,parliamentarians, andstate officials shouldhowever becomplementary.

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Country/Assembly

BELGIUM(Chamber ofRepresentatives)

BELGIUM(Senate)

BRAZIL(Senate)


Hitherto, the organicRules suffice, even ifit would be possible inthe future to makeimprovements.

Ethical behaviour is a"personal philosophyof life" which it can bedifficult to impose bydecree.To be effective, a codeof conduct must bepreceded by theapplication ofmarketing concepts.

Method of adoption

A political will isnecessary to conformto directives suggestedby an EthicsCommission, so as toavoid differentmeasures beingadopted in comparablesituations.

Sanctions

Laid down by theStatute on Personnel.Internal appeals areprovided for, to bodiesof the chamber;external appeal ispossible to civiltribunals, which arecompetent to considerconflicts between civiland political rights.These courts providefor appeals in respectof loss and damage butare not competent toannul acts.

Yes. By the EthicsCommission with thepossibility of appeal tothe directingCommittee of theHouse.

Content

- professionalactivities external tothe House;

- conflicts of interest;- incompatibility;- behaviour outside

work;- professional

confidentiality;- conduct at work;- probity, rectitude,

loyalty, and justicein administrativedecisions.


All House staff.A single codeapplicable to allAssemblies withinthe ASGP would notbe realistic.

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Country/Assembly

BURKINA FASO

CANADA(House ofCommons)

CANADA(Senate)


Other means might bemore effective, such asa Statute on Personnel.

The policy adopted bythe Human ResourcesDirectorate, afterconsultation withmanagers unions andlegal services, hasshown itself to beeffective.

Yes.

Method of adoption

By a resolution of theAssembly.

Always afterconsultation with staff.

It is necessary thatstaff accept the codeas a condition of work.

Sanctions

Yes, disciplinarysanctions whoseapplication would bein the hands of anadministrative tribunalof Parliament.

No. These can,however, be setaccording to theindividual case by theline manager.It is always possible tobring a complaintbefore the PublicService Staff RelationsBoard.

Yes. By the Senate ormanagement.In the latter case only itis possible to appealbefore anadministrative tribunal.

Content

- relations withMembers;

- dealings outsideParliament;

- conflicts of interest;- professional

confidentiality anddiscretion;

- conduct at work.


- conflicts of interest;- conduct outside and

at work;- loyalty;- professional

confidentiality.

All those listed in thequestionnaire (seequestion C5).


Applicable to allofficials to differingdegrees according tolevel of responsibilityand level ofsanctions; there mightbe a common basis tocodes of behaviourfor members,ministers.government officials,and parliamentaryofficials.

To all officials.A single code for allASGP Parliamentscould be a model forother codes.Whatever else is thecase, a code ofconduct (forministers,government officials,members etc.) wouldbe useful to avoid allconflicts betweenpublic duties andprivate interests.

To all officials.It would seem to beimpossible to preparea single code ofconduct applicable toall Member Assem-blies of the ASGP.

Country/Assembly

CHILE(Senate)

COLOMBIA(House ofRepresentatives)

CONGO(National Assembly)


Yes, it is is the mostappropriate instrumentfor ensuring thecorrect working ofpersonnel.

The single disciplinaryCode is the fruit ofexperience in theinstitutions of the Statein relation todisciplinary matters.

Yes, thanks to theadoption of rules ofconduct.

Method of adoption

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By staff themselves inagreement with themanagement.

Sanctions

Yes, notably censure,Fines and dismissal.

Sanctions are appliedaccording to theseriousness of the factsof the case. Inparticular,- written warning;- a fine of up to

90 days salary;- suspension of duties;- suspension- rescission of

contract ofemployment;

- dismissal;- etc.

Yes, by anadministrativetribunal. Appeal ispossible to an internaladmmistrative body ofthe Parliament or theBureau.

Content

General principles aswell as specificmatters, as containedin the questionnaire(see question C5). Inparticular:- relations with

Members;- conflicts of interest;- conduct at work;- professional secrecy.

- Conflicts of interest;- incompatibilities in

the holding of posts;- behaviour during

official time.

All the matters listedin the questionnaire(see question C5)including sanctionsand ways of avoidingconflicts of interestwith public functions.


It would be useful toestablish a singlecode of conduct forall MemberParliaments of theASGP.

To all staff. It isdifficult to frame asingle code for allparliamentaryassemblies of theASGP.

To all personnel.Adoption of a singlecode for all MemberParliaments to theASGP would be use-ful, so long as it tookaccount of the specificcircumstances in eachlegislative assembly.

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Country/Assembly

CONGO (Senate)

COUNCIL OF EU-ROPE (Parliamen-tary Assembly)CROATIA

CZECH REPUBLIC

DENMARK


Yes, a code of conductis the most effectiveinstrument.

The Statute for PublicServants has shownitself to be effective.

Existing instrumentsare alreadysatisfactory.

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It would not seempossible or practical toestablish a code ofconduct with legallyindependentsignificance for allparliamentary officials.

Method of adoption

By parliament, afteradoption by staff.

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Sanctions

Yes, by anadministrative tribunal.Notably:- warning;- censure;- censure recorded in

the employee'srecords;

- temporarysuspension;

- dismissal.

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Content


- incompatibility;- freedom of

association andfreedom to joinpolitical parties;

- professional secrecyand duty ofdiscretion;

- conduct at work.

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Most aspectsappropriate to a codeof conduct arecontained in the Rulesof Parliament. Otheraspects can be foundin public employmentlaw.

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To all personnel.The preparation of asingle code ofconduct would not beuseful. Nevertheless,certain generalprinciples could beagreed.

To all personnel.There should beelements in commononly with the code forother public officials.The adoption of asingle code for allMembers of the ASGPwould not be possiblebecause of the diffe-rent political systemsand parliamentarystructures.

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Country/Assembly

EGYPT

ESTONIA

FINLAND

FRANCE (NationalAssembly)


Existing instrumentsare satisfactory.

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The behaviour of offi-cials is effectively regu-lated by their regula-tions.The internal regulationsdetermine their obliga-tions and provide forsanctions.In these circumstances acode of practice wouldneed only to determineprinciples of conducL

Method of adoption

By the SG.

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By the authorities ofthe Assembled, afterhaving been drafted byrepresentatives of theadministration andstaff.

Sanctions

Yes, in the Staff Ruleswhich lay downdifferent sanctionsaccording to theevents, from warningto dismissal.An official, followinga decision by adisciplinary council,can petition thePresident/Speaker.

No. A code of conductcan only lay downprinciples. Sanctionsmust be laid down bythe law.

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They are alreadyprovided for in theinternal regulations.

Content

- links with Members;- professional outside

activity;- freedom of

association;- discretion;- conduct at work.

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They must includegeneral principles ofbehaviour. Inparticular:- relations with

parliamentarians;- conflicts of interest;- behaviour in the

workplace;- behaviour outside

work.


To all personnel.General guidingprinciples could bestudied for all ASGPparliaments ratherthan a single code.

To all staff.A code could be pre-pared which wouldserve as an examplefor all Parliamentswhich did not possessone but it would notbe realistic to attemptto apply the same codeto all member parlia-ments of the ASGP.

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To all staff, but withmore or less strictnessaccording to thedegree ofresponsibility. Itseems difficult todefine a code ofpractice common toall the assemblies ofthe ASGP.

Country/Assembly

FRANCE(Senate)

FYRofMACEDONIA

GERMANY(Bundesrat)


It has not hithertoappeared necessary toadopt a code ofconduct. Regulation ofthe behaviour ofofficials is achieved bythe specific inclusionof a number of dutiesin the Staff Rules andthe existence of anumber of unwrittenrules of behaviour.

It is the mostappropriate instrumentinsofar as it is capableof bringing togetherthe differentprovisions containedin different laws.

The reglementation ofcertain fundamentalprinciples could bemore effective than acomplex code ofconduct.

Method of adoption

In theory, if the codecontained onlyrecommendations, itcould be adopted bythe staff themselves.However, if the codewas to be a normativeof one, and to laydown sanctions,adoption should be bythe Bureau afterconsultation with staffrepresentatives.

By the staff.

By the President/Speaker of theBundesrat assisted asnecessary by theStanding ConsultativeCouncil.

Sanctions

Yes, if the code is anormative one. In theSenate, application oflesser sanctions restswith the administrativeauthorities and for themore severe penaltieswith parliamentaryauthorities on aproposal frommanagement.

No. The setting downof sanctions is a matterfor the legislators.

Content

Relations withMembers.Behaviour at work.A code of conductshould lay downgeneral principles.

All those listed in thequestionnaire (seequestion C5).

- relations withelected Members;

- outside professionalactivities;

- incompatibilities;- discretion.


To all personnel.It is possible that allmember parliamentsmight adopt severalrules in common, butnot a single code.A possible code forparliamentaryofficials wouldcontain provisionscommon to a code forgovernment officialsbut it should in allcircumstances be aseparate code.

The idea of a singlecode for all memberparliaments of theASGP is interesting,on condition thataccount is taken ofspecific differences.

All personnel.Adoption of a singlecode for all ASGPparliaments wouldnot be useful.

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Country/Assembly

GERMANY(Bundestag)

GREECE

HUNGARY


Besides the norms insection A, a code ofpractice forparliamentary staffcould still furtherdefine and underlineduties which were tobe observed.

Association of Secretaries General of Parliaments 1998 - Codes of Conduct for Parliamentary Staff

Documents

Transcript of Association of Secretaries General of Parliaments 1998 - Codes of Conduct for Parliamentary Staff