PACs in West Africa: Achievements and

Challenges

Rasheed Draman, Ph.DAfrican Centre for Parliamentary Affairs

(ACEPA)Accra, GHANA

PlanPurpose of PAC Mandate and Legal Powers of PACs Membership and Leadership of PACActivities: Public Hearings Following up on RecommendationsEvaluation of PAC Performance: Analytical Framework

Final Thoughts

Purpose and ScopeIt examines the range of structures, responsibilities and working

practices of these committees in a region that combines variations of Westminster and Presidential systems.

The presentation relies largely on primary data collected through questionnaires a couple of years ago to the Parliaments of Ghana, the Gambia, Liberia, Nigeria and Sierra Leone.

It also relies on my own knowledge and experience, working with PACs in the region.

Purpose and ScopeA set of five (5) attributes important to the success of PACs

assessed:

1. Mandate and Legal Powers2. Relationship with the Auditor General3. Structure and Organization4. Activities 5. Resources

Preliminary CommentsThe different levels of democratic development and the

different political systems across the West African sub-region make for wide differences in committee effectiveness across the various Parliaments.

Despite the differences, the last few years have seen all PACs in the sub-region united around the common goal of ensuring transparency and accountability. PACs in WA have been the most active of parliamentary committees leading to the creation of WAAPAC, for instance.

Purpose of PACAs a reminder:

1. To influence the quality of administrative processes

2. To hold the government accountable for its spending of taxpayers’ money and for its stewardship over public assets

3. To enhance accountability and improve public performance reporting

Mandate and Legal Powers of PACs

One of the key attributes of effectiveness of PACs clarity of mandate and their legal powers

A broad scope in mandate is central to the needed institutional capacity to oversee a country's public accounts

Also provides committee the right of access to various areas public and private institutions

Mandate and Legal Powers of PACs

In West Africa, all PACs surveyed indicated that their mandate provides them with unrestricted access to government agencies as well as non-governmental agencies that are funded by government resources

Even though the data indicates a wide range of access thanks to the broad mandate of PACs in West Africa, it remains to be seen if this mandate translates to effectiveness

Membership and Leadership of PAC

Activities: Public HearingsAll PACs in WA have embraced the modern best practice of

holding their hearings in public In the past, most PAC hearings were held in camera not because

there is a law that prevents them from doing but mainly because the Committees either did not have the required preparation and capabilities or because they did not have resources to conduct public hearings

The cost of holding public hearings should normally be borne by Parliament through the allocations to the PAC but most Parliaments in West Africa have until very recently, been financially constrained

Following up on Recommendations

Once PACs make their recommendations, the biggest test is whether or not the government responds to those recommendations. Implementation of PAC recommendations is one measure of the committee’s usefulness and effectiveness and a key indicator for assessing the performance of PACs

The biggest challenge facing most PACs in the region is the apparent lack of Executive interest in the work of the PAC and in the fight against corruption in general

Following up on Recommendations

Follow up is an important part of the accountability loop for PACs, and it is an essential element of the government’s accountability to the legislature

Unless the PAC reviews the status of implementation of report recommendations and other commitments made by witnesses, the public service may not appreciate the importance and most importantly consequences of the PAC’s hearings

Following up on Recommendations

PACs churn out many reports with recommendations, which, when implemented, will help improve information as well as strengthen control systems that have a huge potential for oversight in general

Follow Up Recommendation: Canada Example

One leading practice among some of Canada’s Public Accounts Committees is to request status updates or action plans of departments and agencies that have been subject to a value-for-money, performance or systems audit by the legislative auditor. These action plans usually provide details regarding action that has been taken to date to address the audit recommendations that have been agreed to by the auditees. This can include specific actions taken, timelines for their completion and the department or individuals who are responsible for the implementation. In some jurisdictions, the information required by the PAC is conveyed to departments in a standard template; in others, it is up to each auditee to decide what information it will provide.

Follow Up Recommendation: Canada Example

A report of the Public Accounts Committee of the House of Commons addresses the rationale for requesting action plans/status updates from auditees:“If a department is indeed serious about implementing the recommendations, then senior management should ensure that an action plan is developed; without one, senior management would not have the information needed to monitor implementation. A well--‐developed action plan focuses management’s attention on what needs to be accomplished, by whom and when, thereby making it more likely that the necessary actions will be taken”.

UK PAC Legacy Report - 2015“We have assiduously followed the taxpayer’s pound wherever

it was spent – in national public services, in local government services and in private sector contracts. In doing so I believe we have helped secure better and more consistent services for the public.”

“Since 2010 we have held 276 evidence sessions and published 244 unanimous reports to hold government to account for its performance. 88% of our recommendations were accepted by departments. In many cases we have successfully secured substantial changes.”

UK PAC Legacy Report - 2015“I am immensely proud of the achievements of this

Committee, in the cross-party nature of our work and our relentless focus on the important job of scrutinising value for money of policy implementation. I wish the next Public Accounts Committee wholeheartedly every success in their endeavours.“

UK PAC Legacy Report - 2015“Since 2010, we have scrutinised the value for money

secured from public spending against a backdrop of unprecedented austerity. Tighter spending plans have required not just a trimming of public services, but a full scale re-think about how services could best be delivered. Our focus has been to look at the way in which programmes and projects have been implemented to ensure they deliver value for money, regardless of our individual views on the underpinning policy.”

Evaluation of PAC Performance: Analytical Framework

I use a results based analytical framework to assess the performance of PACs in the sub-region for two main reasons:

The last 10 years have seen the growth of a consensus and commitment to performance in development

The need to look at the How (Activities); the What (Outputs – change in behaviour practice); the Why (Results – change in state)

Evaluation of PAC PerformanceWhat would be considered an effective PAC? Suppose the

committee helps improve public services, but in the process it embarrasses the government: would this be considered a success?

Because success in parliament is often seen in partisan terms, assessing the impact and effectiveness of PACs requires careful consideration

Evaluation of PAC PerformanceBecause of the high incidence of corruption as well as the low

levels of interest on the part of the Executive to implement PAC recommendations in West Africa, most PACs measure their performance by immediate gratification - how much money have they been able to recover from errant officials or how much has been saved thanks to the Committee's interventions

Or how many reports of the AG they have been able to review, the number of backlogs of AG's reports as well as the level of citizens' and media coverage that Committee receives in its work.

Evaluation of PAC PerformanceAnother measure of success for most PACs in West Africa is the

level of public awareness of their work as well as the media coverage the Committees receive. PACs receive a lot of public attention and media coverage for the 'naming and shaming' that often takes place during Committee hearings

This may be true to some extent - it creates a 'deterrent effect' on the part of public officials who often get embarrassed when they are dragged before a PAC in the full glare of the media. But beyond the 'naming and shaming', often there are no sanctions

Have PAC Been Successful?Yes:

1.Created an extremely positive image for most Parliaments2.Naming and shaming3.Instilled some ‘fear’ in public servants4.Deterrent effect5.Significantly reduced the backlog of reports from the AG

Have PAC Been Successful?No:

Lets us look at our analytical framework!

Final ThoughtsPACs, hitherto not very well known and existed 'mostly in name'

only, have been very active in broadening the discourse on accountability in West Africa in the last 10 years

The big challenge that remains to be addressed is how PACs in the region can move from the What to the Why of their work

There is thus a big missing link..... Hence the theme and our preoccupation for this conference and future conferences

THANK YOU