Doc. 8750

31 May 2000

Reform of the Assembly's working methods and its committee structure

Report

Committee on Rules of Procedure and Immunities

Rapporteur: Mr Rudolf Vis, United Kingdom, Socialist Group

Summary

In order to improve the efficiency of its working methods and to rationalise its committee structure, the Assembly decides to reduce the number of its committees.

The composition of committees and the allocation of seats among national delegations are altered consequently, it being understood that every member of the Assembly should be able, in principle, to be a full member of at least one committee.

I.       Draft resolution

1.       The Assembly refers to its Resolution 1177 (1999) of 26 January 1999, in which it decided to adapt its own priorities and structures to the new challenges facing the Council of Europe in a multi-institutional Europe.

2.       It considers that to achieve this objective, it needs to improve the efficiency of its debates and its working methods and rationalise its committee structure, particularly in terms of how the committees operate and their composition.

3.       The Assembly therefore decides to reduce the number of committees from fourteen to ten. For this purpose, the Committee on Science and Technology will be merged with the Committee on Culture and Education (under the new title "Committee on Culture, Science and Education"), while the Committee on Agriculture and Rural Development will be merged with the Committee on the Environment, Regional Planning and Local Authorities (under the new title "Committee on Environment and Agriculture"). The activities of the Committee on Parliamentary and Public Relations concerned with relations with national parliaments and the public will be transferred to the Bureau while those concerned with the functioning of democratic institutions will be transferred to the Political Affairs Committee. In addition, each Assembly committee will be responsible for relations with non-governmental organisations in the relevant fields. The Committee on Economic Affairs and Development will take over the responsibilities of the Committee on the Budget.

4.       The Assembly also considers it necessary to alter the composition of committees and the allocation of seats among national delegations, on the basis that every member of the Assembly should be able, in principle, to be a full member of at least one committee.

5.       The following committees will have 76 seats: Political Affairs Committee, Committee on Legal Affairs and Human Rights, Monitoring Committee, Committee on Migration, Refugees and Demography, Committee on Social, Health and Family Affairs, Committee on Culture, Science and Education, Committee on Economic Affairs and Development and Committee on the Environment and Agriculture. But the Committee on Rules of Procedure and Immunities and the Committee on Equal Opportunities for Women and Men will each have 46 seats.

6.       France, Germany, Italy, Russia and the United Kingdom will have four seats in committees with 76 seats and two seats in the two committees with 46 seats. Poland, Romania, Spain, Turkey and Ukraine will have three seats in committees with 76 seats and one seat in the two committees with 46 seats. Austria, Belgium, Bulgaria, the Czech Republic, Greece, Hungary, the Netherlands, Portugal, Sweden and Switzerland will have two seats in committees with 76 seats and one seat in the two committees with 46 seats. Albania, Andorra, Croatia, Cyprus, Denmark, Estonia, Finland, Georgia, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Norway, San Marino, the Slovak Republic, Slovenia and "the Former Yugoslav Republic of Macedonia" will have one seat in each committee. The special rules concerning the allocation of seats in the Monitoring Committee and the appointment of its members will remain unchanged.

7.       The Assembly therefore decides to amend its Rules of Procedure as follows (the changes to the current wording are underlined):

i.       Replace Rule 43 of the Rules of Procedure as follows:

"43.1.       At the beginning of each ordinary session the Assembly shall set up the following general committees:

43.2. France, Germany, Italy, Russia and the United Kingdom shall have four seats in each of the first seven committees and two seats in the next two committees.

Poland, Romania, Spain, Turkey and Ukraine shall have three seats in each of the first seven committees and one seat in the next two committees.

Austria, Belgium, Bulgaria, the Czech Republic, Greece, Hungary, the Netherlands, Portugal, Sweden and Switzerland shall have two seats in each of the first seven committees and one seat in the next two committees.

Albania, Andorra, Croatia, Cyprus, Denmark, Estonia, Finland, Georgia, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Norway, San Marino, the Slovak Republic, Slovenia and "the former Yugoslav Republic of Macedonia" shall have one seat in each of the first nine committees.

43.3. On the basis of the candidatures proposed by the political groups, the Bureau shall nominate the 76 members of the Monitoring Committee by applying the apportionment ratio based on the so-called "D'Hondt principle". These nominations shall be submitted to the Assembly for ratification3. In the event of objection, the matter shall be referred back to the Bureau, which may submit revised nominations to the Assembly.

43.4.a. The Assembly may also set up ad hoc committees for specific purposes. A motion to set up an ad hoc committee shall be referred to the Committee on Rules of Procedure and Immunities for report. (unchanged)

43.4.b. An ad hoc committee shall cease to exist after its report has been considered by the Assembly. (unchanged)

43.4.c. Subject to ratification by the Assembly or the Standing Committee, the Bureau of the Assembly may also set up ad hoc committees reporting to it, in which case it shall prescribe their duration, terms of reference and composition. An account of their work shall be given to the Assembly as part of the Progress Report of the Bureau and the Standing Committee4. (unchanged)

43.5. Substitutes, like representatives, may be appointed members of a committee. Besides the full members, an equal number of alternates of the same nationality shall be appointed for each committee except for the Monitoring Committee5. (unchanged)

43.6. Without prejudice to Rule 43.3, candidatures for membership of the committees shall be addressed to the President of the Assembly, who shall submit to the Assembly, the Standing Committee or, failing that, the Bureau proposals for their composition. Any disputed nominations shall be forwarded by the President of the Assembly to the national delegation concerned. If confirmed proposals or new proposals are disputed, the Assembly or the Standing Committee shall decide [...].

43.7. Where a seat is vacant on a committee other than the Monitoring Committee, it may be provisionally occupied by a representative or substitute from the national delegation to which the seat is allotted, the representative or substitute being appointed by the Chairperson of that delegation."

ii.       replace Rule 47.6 as follows:

"Meetings of the Joint Committee, the Committee on Rules of Procedure and Immunities [..] and the Monitoring Committee shall not be open to members of observer and special guest delegations. Nor can these delegations attend meetings of the Committee on Economic Affairs and Development, or any of its sub-committees, when they are examining budgetary or administrative questions connected with the Council of Europe, or when they are discussing the powers of the Assembly in relation to the Council's budget."

iii.       replace Rule 48.3 as follows:

"A Committee of 76 seats may not appoint more than three standing sub-committees, and a Committee of 46 seats may not appoint more than two, unless authorised by the Bureau of the Assembly with a two-thirds majority6."

8. This Resolution shall enter into force at the first part of the 2001 session of the Assembly (22 January 2001).

II.       Explanatory memorandum by the Rapporteur

1.       Introduction

1.       Following the Committee of Wise Persons report, “Building greater Europe without dividing lines”, the Assembly held in its Resolution 1177 (1999) of 26 January 1999 that it should adapt its own priorities and structures to the new challenges facing the Council of Europe in a multi-institutional Europe, taking into account the concerns of certain national delegations as regards its own visibility and working methods. The Assembly decided in particular “to reconsider the structure, composition and functioning of its committees”.

2.       The Bureau debated several times on the follow-up to be given to the Resolution and finally considered to reduce the number of committees and to revise their mandate. The President and the Secretary General of the Assembly have also discussed this matter with the chairs of the political groups and of the national delegations, the great majority of whom agreed with the Bureau. All committees received the memorandum prepared for the Bureau and the President of the Assembly met the Presidents of the committees directly concerned by the reform.

3.       In accordance with Rule 65.2 of the Rules of Procedure, at its meeting of 7 April 2000 the Bureau asked the Committee on Rules of Procedure and Immunities to prepare a report for the Assembly, if possible for submission to the part-session from 26 to 30 June 2000. The Committee adopted the report and the draft resolution at its meeting of 26 April 2000.

2.       Assessment of the Assembly's structure and working methods

4.       The tenet of the reform is that resources available to the Assembly (human, material, financial) in the coming years are unlikely to increase, and that the Assembly is also confronted with a growing level of dissatisfaction on the part of Assembly members (i) as to opportunities to speak in plenary session, and (ii) as to “space” for debate in Plenary or Standing Committee on reports for which they may have invested personal time and energy as rapporteurs.

5.       One of the constraints, the Assembly faces, is the time available to discuss and adopt its reports. In the following paragraphs, there is a detailed analysis of the hours available in one year.

PLENARY SESSIONS

6.       The Assembly meets four times a year. Each part-session is composed of 8 sittings, which run from Monday afternoon to Friday morning. On average, 31 hours are available for each plenary session, which makes 124 hours per year.

Monday :       3 - 7 p.m.

Tuesday :       10 a.m. - 1 p.m. / 3 - 7 p.m. (exceptionally up to 8 – 8.30 p.m.)

Wednesday :       10 a.m. - 1 p.m.       / 3 - 7 p.m. (exceptionally up to 8 – 8.30 p.m.)

Thursday :       10 a.m. - 1 p.m. / 3 - 7 p.m.

Friday :       10 a.m. - 2 p.m.

7.       It is worth noting that the sitting time, during sessions, cannot be prolonged unless additional financial means become available. Extending the sitting time would imply the recruitment of an extra team of interpreters, which would amount to 800.000 FF. per year, plus the additional cost of temporary staff.

8.       From this figure of 124 hours, the hours allocated to the following items which are always included in the Assembly's yearly agenda should be deducted:

the progress report of the Bureau of the Assembly       (4 hours per year)

the communication of the Committee of Ministers       (6 hours per year)

invited guests (Presidents, Prime Ministers, 2-3 per session)       (12 hours per year)

urgent debates (3 hours per session)       (12 hours per year)

the OECD and EBRD debates        (6 hours per year)

the Monitoring committee annual report        (2 hours per year)

9.       This brings the total number of hours available for discussing committee reports to 82 hours per year. Since the average time for presenting and debating a report is 2 hours, it follows that, with the exclusion of the aforementioned reports, some additional 40 reports per year can be presented. The total number of reports considered by the Assembly during its plenary sessions was 42 in 1996, 53 in 1997 and 52 in both 1998 and 1999.

10.       Since the average number of reports debated per year is already 50, it is almost impossible to increase it further. With 50 reports per year, only 2 hours per report can be allocated, on average, to the debate and vote. Moreover, only 15 speakers can take the floor. Five of those 15 members speak on behalf of their respective political groups.

11.       Statutory number of Assembly members is 321 (291 members, plus 15 special guests and 15 observers who can speak subject to approval by the President). Hence, 15 speakers per debate correspond to some 5% of the total number of the Assembly's members. This 5%, although it cannot be considered as a "political indicator", helps understand the reasons of those members who are not satisfied with the current allocation of debating time.

12.       One possible solution to this unsatisfactory situation would be to decrease the number of debates to 40 per year. However, reducing to 40 the number of reports that could be the subject of debates during Assembly sessions poses problems, particularly regarding the apportionment of reports among committees. Over the last four years, for example, the Assembly sessions have been dominated by the Political Affairs Committee and the Committee on Legal Affairs and Human Rights. Indeed, the reports presented by these two committees represent 35% of the total number of reports examined during these plenary sessions.

FUNCTIONING OF COMMITTEES

13.       The Assembly currently has 9 major committees, each with 66 members, and 5 smaller ones, each with 46 members. Each committee has from one to three sub-committees, of which there are 29 in total (see Appendix 4). Exceptionally, the Committee on the Environment, Regional Planning and Local Authorities has a fourth, the Sub-Committee on the Europe Prize, an exception which the Standing Committee approved when it adopted the terms of reference of all the Assembly committees in 1998.

14.       During Assembly part-sessions, the committees regularly meet in Strasbourg. However, the total number of committee meetings during the part-session weeks is restricted to thirty-two, mainly on account of the number of interpretation teams available. Currently, there are enough time-slots to permit an average of two meetings per committee. However, certain committees meet more frequently in order to prepare Assembly debates and consider possible modifications to their reports.

15.       The best solution to enable committees to meet more often during session weeks would be to increase the number of time slots available during Assembly sessions. This would mean recruiting an additional team of interpreters, which would bring the total number of committee meetings from 32 to 39. The first shortcoming of this proposed solution is that it would additionally cost some 800.000 FF. per year and the current Assembly budget does not have this sort of financial flexibility. The second drawback is that Assembly members very often belong to two or three committees and that holding a greater number of simultaneous committee meetings would prevent some parliamentarians from attending other meetings.

16.       The committees also hold one or two meetings between the part-sessions. The average cost of a meeting outside Strasbourg, including interpretation, staff, documentation and experts, is between 70 000 and 240 000 FF, depending on the length and location of the meeting.

17.       However, the average level of attendance at meetings outside Strasbourg (between 40 and 45%) is lower than for ones in Strasbourg (50%). Moreover, according to several parliamentary delegations, the cost of attendance per member at meetings held outside of session weeks is now becoming very high.

18.       On an annual basis, the average cost of a committee is between 400 000 and 3 000 000 FF, depending on the number of staff attached to it, its activities, the number and location of its meetings and the number of documents produced. The number of committees and sub-committees therefore has a direct influence on Assembly expenditure. With fourteen committees currently operational and a general budget subject to zero or very limited growth in the coming years, the Assembly is operating at the extreme limits of its financial capacities. Any additional unplanned political initiative immediately results in a cut-back in other activities that are just as important. It is therefore essential to maintain an order of priorities in the Assembly's activities, so that it can continue to fulfil its political mandate successfully and introduce a certain discipline into its budgetary procedures.

3.       Guidelines for the reform

19.       Reducing the number of committees would provide an answer to some of the problems raised earlier.

20.       For example, if it were decided to reduce the number of debates in plenary sessions, it would be easier to apportion them among a smaller number of committees. Consideration could also be given to allocating each committee an annual "slot" so that its reports could be discussed at at least one Assembly session. This system operated in the past, but was abandoned as it failed to produced the expected results.

21.       Reducing the number of committees would also make the Assembly structure easier to manage, more effective and more "concentrated". The remaining committees' terms of reference would be broadened substantially. Such a reduction would also encourage co-operation between them and increase the effectiveness of all of them. These committees could then review their working methods and delegate more responsibilities to sub-committees, particularly as regards the drafting of reports on specific subjects.

22.       Reducing the number of committees would also enable them to hold more meetings during parliamentary part-sessions, because the same number of time-slots would be divided among fewer committees. This would make it possible to reduce the number of meetings held between the part-sessions. The majority of members of the Committee on Rules of Procedure and Immunities consider that committee meetings outside part-sessions should be restricted as far as possible. Moreover, these meetings should last at least a full day and preferably two. This would enable members of parliament to take part in a larger number of meetings devoted to matters of substance, corresponding to the committees' broader terms of reference. This would also reflect the wishes of members coming from distant countries.

23.       In order to increase attendance and reduce expenses for both national parliaments and the Assembly, sub-committee meetings should be held immediately before or after those of the full committees. Some committees have already successfully adopted this approach.

24.       The Committee on Rules of Procedure and Immunities has therefore asked the Bureau of the Assembly to review the rules governing meetings of the committees or sub-committees of the Assembly outside Strasbourg or Paris. Moreover, the Bureau might wish to define more strictly the rules governing the appointment of members that committees nominate directly to represent them on particular occasions. For example, it might decide that henceforth all official visits to south-east Europe must be co-ordinated by the Bureau. Consideration might also be given to extending such co-ordination to all Assembly visits.

25.       The reform of the Assembly committee structure should be accompanied by other measures aimed at resolving the problems facing the Assembly.

26.       The Bureau could help to reduce the number of reports by subjecting proposals from Assembly members to a more effective screening process. This should in turn help to reduce the number of references to committees authorising them to produce reports on particular subjects. Rule 24 paragraph 3 of the Assembly's Rules of Procedure specifies two specific circumstances in which the Assembly can remove a matter from the agenda: "a reference to committee shall lapse in two years or, at the request of the Committee concerned, by a decision of the Assembly."

27.       Another option is to give a more significant role to the Standing Committee, whose potential has not yet been fully exploited. The Standing Committee generally meets three times a year. Although its sessions are relatively short and it does not have the same working methods as the Assembly, some thirty reports are discussed and approved each year. Discussion time over the period 1996-99 averaged 14 or 15 hours per year. Between 1993 and 1999, the Standing Committee, on behalf of the Assembly, approved about 32% of the texts adopted (187 out of 579). This clearly indicates the importance of Standing Committee meetings in terms of their ability to reduce the Assembly's overloaded agendas.

28.       However, committees generally prefer to present their reports to Assembly part-sessions. To enhance the Standing Committee's image, it might be possible to hold longer meetings (two full days), with a larger part of the time devoted to substantive matters. In addition, the reports to be discussed could be more carefully screened. The Bureau could also invite leading political figures, such as ministers for foreign affairs, to attend Standing Committee meetings.

29.       When the Standing Committee meets in Paris and Strasbourg, other committees, particularly ones whose reports are to be discussed by it, could be invited to hold meetings at the same time. This would lead to greater participation in the Standing Committee and make it possible to group committee meetings more effectively.

30.       The political groups might also schedule their meetings for dates close to those of the Standing Committee.

4.       Proposals concerning a new Assembly structure

a.       Reducing the number of committees

31.       Having regard to the various consultations referred to above, it is proposed to recommend a structure comprising eight general committees (with 76 members) and two smaller committees (46 members). Such an arrangement would combine complementary activities, facilitate co-ordination and simplify committees' operations.

Eight general committees (76 members)

-       Political Affairs Committee

-       Committee on Legal Affairs and Human Rights

-       Committee on Economic Affairs and Development

-       Social, Health and Family Affairs Committee

-       Committee on Migration, Refugees and Demography

-       Committee on Culture, Science and Education

-       Committee on the Environment and Agriculture

-       Monitoring Committee.

Two smaller committees (46 members):

-       Committee on Equal Opportunities for Women and Men

-       Committee on Rules of Procedure and Immunities.

Proposed changes

32.       It is proposed to merge the Committee on Agriculture and Rural Development with the Committee on the Environment, Regional Planning and Local Authorities. In many national parliaments, environment and agricultural policies are combined under a single parliamentary committee. Inevitably, farmers and environmentalists sometimes have divergent points of view on certain sensitive issues. However, this does not mean that their interests are incompatible. In fact the notion of sustainable development includes the notion of an ecologically viable agricultural policy. Merging the two committees would therefore give their members a clearer and broader vision of the challenges facing these two closely interlinked sectors. The new committee would be called the "Committee on the Environment and Agriculture".

33.       It is also proposed to merge the Committee on Culture and Education with the Committee on Science and Technology. The world of science and technology and that of education are closely linked. Any modern education system must take account of, and introduce its students to, the latest technological developments, while science can contribute to more dynamic and effective forms of instruction. This interaction is reflected in the merger of the two committees. The activities of the two are already combined in most national parliaments. It might be noted that, initially, the Assembly's Committee on Culture and Education also dealt with science and technology questions. The new committee would be called the "Committee on Culture, Science and Education".

34.       The Bureau would take over the activities of the Committee on Parliamentary and Public Relations concerned with relations with national parliaments and the public. The Political Affairs Committee would be responsible for interparliamentary co-operation in connection with the proper functioning of democratic institutions. Each Assembly committee would also have to be responsible for relations with NGOs in its own particular field.

35.       Finally, the responsibilities of the Committee on the Budget would be transferred to the Committee on Economic Affairs and Development. Such an extension of the latter's responsibilities would make it possible to establish a small group of specialists who could concern themselves with both budgetary and economic questions. In any case, in the past the Assembly's opinion on the Council of Europe budget has been concerned not with details but with financial policy in general.

36.       At a later stage, it would be necessary to modify the terms of reference of certain committees and sub-committees in the light of the changes that have been proposed.

b.       The composition of committees

37.       As in the past, there would be two categories of committee: those with 76 members and those with 46. In practice, all the committees would have 76 members, other than the Committee on Rules of Procedure and Immunities and the Committee on Equal Opportunities for Women and Men, which would have 46.

38.       It emerges from the various consultations that as far as possible national delegations want to give all the members of the Assembly the opportunity to sit as a full member of at least one committee. When the number of committees is reduced from fourteen to ten this objective cannot be attained with the current system for allocating seats. A new method must therefore be devised. France, Germany, Italy, Russia and the United Kingdom would be entitled to four seats in committees with 76 seats, and two seats in the two committees with 46 seats. Poland, Romania, Spain, Turkey and Ukraine would be entitled to three seats in committees with 76 seats, and one seat in the other two. This would enable all the members of the delegations concerned to be full members of at least one committee. For the other member states, the allocation of seats does not have to be adapted. Moreover, the system for allocating seats in the committees does not apply to the Monitoring Committee, which is governed by special rules concerning the allocation of its seats and the appointment of its members.

5.       Changes to the Rules of Procedure

39.       To implement the proposed reform, the following rules of the Rules of Procedure would have to be amended (for the full wording, see the draft Resolution above):

▪       Rule 43: Rule 43.1 (list of committees) and Rule 43.2 (allocation of seats) must be replaced entirely. Minor amendments to Rules 43.3 (replace "66" by "76"), 43.6 (the procedure for appointing members does not apply to the Monitoring Committee) and 43.7 (the procedure for filling vacancies on committees does not apply to the Monitoring Committee) are also necessary. Considering the number of paragraphs to be modified, it would be appropriate to replace Rule 43 in its entirety.

▪       Rule 47.6: meetings of the Committee on the Budget are not open to members of observer and special guest delegations. Since the Committee on Economic Affairs and Development will be taking over the responsibilities of the Committee on the Budget it must be stipulated that members of such delegations cannot attend meetings of the former that are concerned with matters currently falling within the Budget Committee's remit.

▪       Rule 48.3: replace "66" with "76".

6.       Administrative and budgetary consequences

40.       The aim of the proposed reforms is not to reduce the amount of the Assembly budget which is already very limited, taking into account the large membership of the Council of Europe and the Assembly's scope of activities. However, it is to render the Assembly structure more manageable, efficient and focussed, taking full account of its priority areas as well as its limited and overstretched financial and human resources.

41.       The reform of the committee structure would entail adjustments to the organisation chart of the Secretariat of the Assembly and a certain redeployment of staff would be necessary. The Secretary General of the Assembly will examine the question in the light of the decisions finally taken by the Assembly and keep the Bureau informed of the steps he intends to take.

Conclusions

42.       It is proposed that the changes to the rules of procedure come into force at the start of the first part of the Assembly session on 22 January 2001, so that all the necessary preparations can be made.

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

Budgetary implications for the Assembly: none

Reference to committee: Bureau’s decision 7 April 2000, according to Rule 65.2 of the Rules of Procedure

Draft opinion adopted by the committee on 26 April 2000

Members of the committee Mrs Pulgar, (Chairperson), MM. Gjellerod, Kresák, N. … (Vice-Chairpersons), MM. Andreoli, Angourakis (Alternate: Liapis), Bal, Besostri, Bianchi (Alternate: Dolazza), Bilinski (Alternate: Libicki), Ceder, Debono Grech, Dias, Enright (Alternate: Daly), Mrs Feric-Vac, MM. Gehrcke, Goulet, Gremetz, Gross, Haupert, Mrs Hren-Vencelj, MM. Kittis, Kostytsky, (Alternate: Bortnyk), Kroupa, Laakso, Magnusson, Maltsev, Mrs Markovic-Dimova, MM. Michels, Minarolli, Nadezhdin, Nastase, (Alternate: Ionescu), Mrs Ojuland, Mr Pokol, Mrs Ragnarsdottir, Mrs van't Riet, MM. Rusu, Salaridze, Schieder, Simonsen, Sinka, Vis.

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

Secretary of the committee: Mr Muylle.

1 See also rule 17.5.

2 Plus the Chairpersons of the Political Affairs Committee and the Committee on Legal Affairs and Human Rights, ex officio members.

3 See resolution 1115 (1997), p .. below.

4 Except for reports on the observation of elections, which may be presented to the Assembly or the Standing Committee (see Bureau decision, 14 September 1998).

5 See resolution 1115 (1997), p .. below.

6 This provision does not apply to the Monitoring Committee. See resolution 1115 (1997), p. .. below.