Parliamentary Assembly
Assembl�e parlementaire

Contested Credentials of the parliamentary delegations of Ireland and Malta

Doc. 10051
27 January 2004

Report
Rapporteur: Mr František Kroupa, Czech Republic, Group of the European People’s Party
Committee on Rules of Procedure and Immunities

Summary

On 26 January 2004 the credentials of the parliamentary delegations of Ireland and Malta were challenged on the grounds that they did not include at least one representative of the female sex. In accordance with the Rules, these credentials were referred to the Committee on Rules of Procedure and Immunities. The Committee proposes that the Assembly should ratify the credentials but suspend the voting rights of the members of the Irish and Maltese delegations in the Assembly and its bodies in accordance with Rule 7.3.c until the composition of these delegations is brought into conformity with Rule 6.2.

I.          Draft resolution [Link to the adopted text]

1.         The Parliamentary Assembly refers to Rule 6.2 of its Rules of Procedure according to which national delegations should include the under-represented sex at least in the same percentage as is present in their parliament and in any case one representative of each sex.

2.         The Assembly notes that the Irish parliamentary delegation which is composed of 4 representatives and 4 substitutes of male gender and the Maltese parliamentary delegation which is composed of 3 representatives and 3 substitutes of male gender do not meet the afore-mentioned requirement.

3.         It also notes that the Speaker of the Maltese Parliament has indicated in a letter to the President of the Parliamentary Assembly that the size and composition of the Maltese Parliament had so far proved to be a hindrance for including in the delegation to the Parliamentary Assembly a representative of each sex.

4.         The secretariat of the Irish delegation also indicated in writing reasons why no woman member was included in the delegation.

5.         The Assembly notes that the credentials of both parliamentary delegations were validly challenged on the grounds that they did not include at least one representative of the female sex (Rule 7.1.b. of the Rules).

6.         Consequently the Assembly decides to ratify the credentials of the Irish and the Maltese parliamentary delegations, but to suspend the voting rights of their members in the Assembly and its bodies in accordance with Rule 7.3.c until the composition of these delegations is brought into conformity with Rule 6.2.

II.         Explanatory memorandum by Mr Kroupa, Rapporteur

1.         On 30 September 2003 the Assembly adopted Resolution 1348 on gender-balanced

representation in the Parliamentary Assembly. This resolution modified Rules 6.2 and 7.1.b. of the Assembly’s Rules of Procedure as follows:

Rule 6.2. (2nd sentence):

“National delegations should include the under-represented sex at least in the same percentage as is present in their parliaments and in any case one representative of each sex. Each parliament shall inform the Assembly of the methods used to appoint seats on the delegation and of the number of its women members.”

Rule 7.1.:

“Credentials may be challenged by any member of the Assembly present in the chamber on stated procedural grounds based upon:

a.     one or more of the relevant provisions of the Statute (in particular Articles 25 and 26)   

b.    the principles in Rule 6.2 that national parliamentary delegations should be composed so as to ensure a fair representation of the political parties or groups in their parliaments and should include in any case one representative of each sex.”

2.         These new provisions entered into force on 26 January 2004.

3.                  The report by the President of the Assembly on the examination of credentials of representatives, substitutes and special guests for the 2004 Ordinary Session (Doc. 10033) shows that the national parliamentary delegations of Ireland and Malta are composed only of men.

4.                   Following the reception of the credentials of both parliamentary delegations the Secretary General of the Parliamentary Assembly had contacts with these delegations. As a result of these initiatives the Speaker of the Maltese Parliament wrote to the President of the Assembly on 23 January in the following terms: “Whilst every effort is being made to abide by the new Rules the size and composition of our parliament have so far proved to be a hindrance in this regard. In view of the short time available until the opening of the next part-session, may I suggest that for the current January part-session the Assembly considers the ratification of the credentials of the Malta delegation, provided that in good time before the April 2004 part-session our Parliament shall propose a delegation".

The Irish delegation secretariat indicated in a letter to the Secretary General of the Assembly that in relation to the first part of the 2004 ordinary session of the Assembly, the Irish Parliament was not yet in a position to nominate a woman to the Irish delegation in line with Rule 6.2.

5.         On 26 January 2004 Mrs Aguiar, a member of the Assembly, challenged the credentials of the Irish and Maltese delegations on the grounds that they were not in conformity with Rule 6.2. as they did not included at least one woman. Mrs Aguiar acted on behalf of the Committee on Equal Opportunities for Women and Men.

6.                   It is true that for parliaments of a small size, which have many political groups on whish few women parliamentarians are represented or which are composed, in addition, of two chambers it may not always be easy to propose delegations to the Parliamentary Assembly which meet all criteria established.

7.         In this connection the Committee on Rules of Procedure and Immunities noted that in one country all women parliamentarians belonging to the governmental parties carried ministerial functions.

8.         However, with respect to the need of gender balance, the corresponding Rule changes were adopted during the September 2003 part-session. In November 2003, the President of the Assembly sent letters to all national parliamentary delegations informing them of these changes and underlining the need to comply with the new requirements. Therefore, the Committee on Rules of Procedure and Immunities considers that both the Maltese and the Irish parliaments had sufficient time to appoint delegations which are in conformity with Rule 6.2 of the Assembly’s Rules of Procedure. Furthermore, there would have been the possibility to leave at least one seat vacant on their delegations to include women parliamentarians as soon as possible. Finally, it is to be noted that smaller parliaments with fewer women parliamentarians, like San Marino, managed to include at least one woman in their delegation.

9.         As the challenge of the credentials of the Irish and Maltese delegations is both admissible and justified, the consequences of Rule 7.3. shall apply:

10.        One of the objectives of the above-mentioned Resolution 1348 is to ensure that national delegations to the Parliamentary Assembly should include the underrepresented sex at least in the same percentage as is present in their national parliament. However, for the time being, only the fact of not including at least one woman in the delegation may be sanctioned by the challenge of credentials. This means in procedural and practical terms that one seat on a single gender delegation is not correctly filled, whereas the others are.

11.       In the opinion of the Committee on Rules of Procedure and Immunities it would go too far to declare in such a case the whole national delegation as being not in conformity with the Rules and to refuse ratification of the credentials of all members. On the other hand, the Assembly cannot itself select which of the seats allocated to a national parliamentary delegation is not correctly filled and cannot arbitrarily declare the credentials of a certain delegation member as not ratified.

12.       In these circumstances the Committee considers that the credentials of the delegations of Ireland and Malta should be ratified, but that the voting rights of members of the delegation should be suspended (Rule 7.3. of the Rules of Procedure).

13.        The Speaker of the House of Representatives of Malta already indicated the intention to propose a delegation meeting the provisions regarding gender balance. The Secretary of the Irish delegation confirmed in a letter to the Secretary General of the Assembly his intention to bring Resolution 1348 again to the attention of the relevant authorities in the Irish Parliament so that discussions about the composition and gender balance can resume at an early date.

In the light of these declarations the suspension should be linked to a time scale, namely until a delegation is appointed which is in conformity with Rule 6.2. Such a time element has been ruled to be in order by the President of the Assembly during the sitting on 6 April 2000.

14.        The suspension would be lifted automatically once the Irish and/or the Maltese delegation has been modified to bring it in conformity with Rule 6.2 and the Assembly or the Standing Committee has ratified the corresponding changes in the delegation.

Committee responsible for the report: Committee on Rules of Procedure and Immunities

Reference to committee: Assembly’s decision of 26 January 2004, Rule 7.2. of the Rules of Procedure

Draft resolution adopted by the committee on 26 January 2004

Members of the committee : Mr Holovaty, (Chairperson), MM. Magnusson, Manzella, Pourgourides, (Vice-Chairpersons), MM. Ak�am, Alibeyli, Bernik, Bottomley, Budisin, Calmes, Collavini, Mrs Doktorowicz, MM. Dule, Frankenhauser, Mrs Garsdal, MM. Gedei, Gligoric, Gonzi, Mrs Grosskost, MM. Himmer, H�fer, Mrs J��teenm�ki, MM. Jung Armand, Jurgens, Kroupa, , Maissen, Mrs Mintas-Hodak, MM. Mišš�k, Monsen, Morales Monteiro, Olteanu Pentchev, Pereira Coelho, Mrs P�tursd�ttir, MM. Riccardi, Rustamyan, S�laridze, Sharandin (alternate: Fedorov), Sileikis, Stepaniuc, Taliadouros, Vanhecke, Vis, Wright, Zernovski.

N.B. The names of members who took part in the vote are printed in italics.

Secretary of the committee: Mr Heinrich.