An intent to introduce the RTI Bill along with a draft was submitted to Honorable Thrizin on March 16, 2012 for debate in the 9th session of Parliament and subsequently distributed to all other Honorable Members of the National Council. The Honourable Chairperson then forwarded the draft to the Legislative Committee for comments. Continue reading →
Legislation
16
Mar 12
Having a right and using a right is quite different – Proposed RTI Bill
Earlier today I submitted the draft bill on Right to Information to the Honorable Chairperson of the National Council with the objective of fulfilling a constitutional provision articulated under article 7 which states right to information as a fundamental right of every Bhutanese citizen. While the constitution provides for such a right, a legislation to ensure such a right prevails, as with many other laws that flow from constitutional provisions, is only a natural progression of processes.
Secondly, in adherence to our developmental philosophy of Gross National Happiness where good governance cross cuts the three other pillars, it will contribute greatly in the enhancement of transparency and accountability. In the end, it will contribute in creating a democratic culture of seeking accountability on the part of both the governing and the governed, to be informed and take part in decision making process to take the country forward.
Thirdly, through this legislation I hope it brings change to the way we document and manage information. These information tell us about our society and how we function Continue reading →
13
Jan 12
Discussions in the National Council on amending the Tobacco Control Act 2010
The National Council today debated on the Amendment Bill to the Tobacco Control Act 2010. The Health Minister presented the Amendment Bill and responded to questions raised by a few Councillors.
I raised two questions.
i. Had the Government carried out any study to understand the legislative impact of the Tobacco Control Act 2010? Reduction in tobacco users? Control over smuggling or black marketeering?
The response was that no study had been conducted which would have helped everyone understand how it may have helped in reducing tobacco consumption and also decreased in smuggling or black marketeering. Instead reference to a study pertaining to years before the enactment of the Tobacco Control Act 2010 was made which although informative did not carry too much relevance.
ii. What was the Government planning on doing about those people in prison for not necessarily ‘smuggling’ but exceeding the permissible limits?
The response was that the present proposed amendments were targeted towards helping solve similar complications but regarding people already in prison, it was beyond the powers of the Government and that there will arise a solution he said.
The debate following that basically revolved around sections 11 (b) & (c). Continue reading →
16
Jun 11
NC says ‘nay’ to State Funding of the 2 political parties but proposes a study
The National Council today decided not to accept two of the three proposed amendments, accepted one with slight changes and proposed one additional clause regarding human resource management of the Commission in the Election Act 2008.
The Good Governance Committee proposed as under leading to the decision of the House:
Section 158 (a) which sought to allow “State Funding of the Two Political Parties for maintaining part machinery’ was not accepted. However, the House resolved on constituting a national level committee or task force to conduct an in-depth study of the matter. The committee will then submit it’s findings in a report to the Parliament. Continue reading →
14
Jun 11
The ‘Legal Issue’ against State Funding of Political Parties
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THE CLAUSE THAT STARTED IT
NEW section 158 A for insertion:
State Funding
The ruling party and the opposition party may receive fund from the State to maintain their party machineries and the amount shall be determined by the Government in consultation with the Election Commission.
The debate on the proposed amendments to the Election Act saw a long and prolonged debate on the State Funding of Political Parties at the National Council today. Differing view points were raised by members; some raising issues of ‘legality’ and a few others concurring the need for intervention by the State and going on to say that support be extended to all and any registered political parties.
THE CLAUSE THAT IS AT THE CENTER OF IT
Article 15 - Political Parties
4. A political party shall be registered by the Election Commission on its satisfying the qualifications and requirements set out hereinafter, that:
(d) It does not accept money or any assistance other than those contributions made by its registered members,and the amount or value shall be fixed by the Election Commission; Continue reading →
06
Jun 11
Corruption Offences have NOT been softened
At the Joint Sitting of the 7th session of Parliament, several laws were voted upon and passed; the Anti Corruption Bill 2010 being one. It’s been over a week since it’s passage in the Parliament and news of law going ‘soft’ on corruption offence has emerged through both mainstream and other media. I find it important therefore to try and explain what the passage of the Anti Corruption Bill 2010 means in terms of offences and penalties briefly.
First, the Anti Corruption Bill 2010 is not the first law specifically on corruption, the Anti Corruption Act of Bhutan 2006 already existed before discussions to initiate a new law was taken up. Therefore, it would be more meaningful and also insightful to read recent developments in this light.
Second, the reason for this new law was not only focussed on ‘penalty’ alone but for a wider scope of re-visiting the completeness of the law post adoption of the Constitution.
While several views have emerged which seem to be based on logical reason and argument, it is disturbing to learn that some of the views may have been influenced by reporting with error and information dissemination with incomplete benchmarking. Continue reading →
02
Jun 11
Amendment to Election Act 2008
The Amendment Bill 201o to the Election Act of the Kingdom of Bhutan 2008 contains three provisions initiated by from the National Assembly last year. The proposed passed amendment contain two NEW provisions and omission of a proviso as shown below:
NEW section 158 A for insertion:
State Funding
The ruling party and the opposition party may receive fund from the State to maintain their party machineries and the amount shall be determined by the Government in consultation with the Election Commission.
OMISSION of a proviso after section 206:
Provided that the disqualification under sub section (d) shall cease to operate after the lapse of one year from the date of acceptance of the application of resignation or removal from the membership of a political party and such resignation or removal shall be immediately notified by the concerned party office in the print media with a copy submitted to the Election Commission.
NEW section 581 A for insertion:
The Commission shall submit an annual report to the Druk Gyalpo, the Prime Minister and Parliament on it’s policy, performances and conduct of elections.
The Good Governance Committee presented the Amendment Bill to the National Council today and will be put to debate on June 14, 2011.
30
May 11
Corruption – legislating to curb it sensibly
The Anti Corruption Bill 2011 was passed today at the Joint Sitting (JS) of Parliament at it’s 7th session with overwhelming majority, 66:1 to be precise. The Good Governance Committee (National Council) and the Ethics & Credential Committee (National Assembly) together formed the Parliamentary Joint Committee (and I as the member in-charge) worked on the Bill to resolve differences and present a report at the Joint Sitting.
The Anti Corruption Bill 2011 originated in the National Council during deliberations in it’s 4th session and formally admitted legislative initiatives in it’s 5th session. The Good Governance Committee also worked closely with the Anti Corruption Commission and through dealings, met other implementing agencies and stakeholders. After it received support in the National Council(NC), it was then taken up during the 6th session in the National Assembly(NA). Although there were several differences between the Houses, a major area for concern was the penalty clauses. Where the NC had proposed for a minimum penalty of a felony of 4th degree, the NA counter proposed for a minimum penalty of a non-felony sentence of petty misdemeanor, in most instances there were differences. Also another point to note is that the maximum penalty based on value-based sentencing as per Penal Code of Bhutan, which stops at penalty of a felony of 3d degree.
During it’s presentation to the 7th session of Parliament at the JS, the report received, as per the new Parliamentary Legislative Rule of Procedure 2011, recommendations to considered by the JC were made and voted on (simple majority) and the JC went back to work on it’s final report to be presented at the JS to be voted on.
A summary of the final report and it means to corruption offenders: Continue reading →
26
Apr 11
Re-visiting the Tobacco Control Act 2010
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The Tobacco Control Act 2010 is in focus today, seen as either promoting human health or environment by one group and as a piece of legislation that has lost touch with reality in following our aspirations by another and I am guessing there are others who are yet to form opinions. Either way, it has become the most talked about legislation.
Does it deserve as much attention given priorities like socio-economic development vital to our society today, specifically because many places still remain to be connected by road, electricity and other rural income generation challenges? This is like the primordial question of which came first; the chicken or the egg. Continue reading →
22
Apr 11
Parliamentary Devices – Crucial in Law-making
Parliamentary proceedings may appear monotonous and the same to many who do not understand the nuances of law-making. But the truth is, there are important aspects of it that one needs to understand before one can distinguish important stages of parliamentary works. However, the point of today’s writing is not specifically on that but to introduce to a vital provision which lend avenues to law-makers in seeking out their mandated objectives. Chapter 8 titled Parliamentary Devices has 8 ways Continue reading →
