Challenges facing the legislative process in upper house parliaments

¶ … Legislative Process in the Upper House of Parliament

As Bahrain searches for viable approaches to diversifying its oil-based economy, the relatively small nation, like many of its larger counterparts, is also faced with a number of engineering and logistical challenges in its parliamentary legislative process. To determine how the legislative process is being administered in Bahrain, this paper provides a review of the relevant literature to evaluate the challenges facing the legislative process in the Bahraini Upper House of Parliament known as the Consultative Council from an engineering management, a logistics of information and a knowledge management perspective. Based on this review and evaluation, a series of salient recommendations are provided, followed by a summary of the research and important findings in the conclusion.

Review and Analysis

Engineering Management Perspective

When applied to Bahrain's upper house or Shura Council (Consultative), the engineering management approach can help discern what steps have been in recent years to develop a modern and efficient legislative process. For instance, according to Sun and Yam (2008), "Engineering management is the discipline that addresses making and implementing decisions for strategic and operational leadership in current and emerging technologies and their impact on interrelated systems" (p. 181). This definition includes the management of the design process as well as communications (Sun & Yam, 2008). Following the terrorist attacks of September 11, 2001 on the World Trade Center and Pentagon, Bahrain was one of just two Middle Eastern countries that designed and implemented substantive reforms which modernized the fundamental structure of their legislative systems and improved the flow of communications (Carothers & Ottaway, 2012).

Some evidence of this engineering management approach to developing a modern and efficient legislative system can also be discerned from the series of initiatives taken and royal decrees that have been issued to date. For example, in February 2002, the king issued royal decrees that implemented a process whereby the elected parliament was restored since its dissolution in late 1975 (Carothers & Ottaway, 2012) pursuant to Amiri Decree No. 13 (History of Shura Council, 2014).

Although the first Bahraini parliament lasted for just two legislative meetings during the period from December 1973 to late 1975, this first attempt at developing an upper house is highly regarded as being an important milestone for the country's electorate that expanded participation in the legislative process for all Bahrainis (History of Shura Council, 2014). According to Diwan (2012), the first Bahraini parliament "highlighted the constitutional process that unfolded in 1972-1973 and the hopes it raised among the Bahraini people" (p. 370). These hopes were further reinforced by the framework provided by the parliament which offered a venue for the free exchange of new ideas and concepts concerning the future direction of the kingdom (Diwan, 2012).

This initial parliamentary effort and the subsequent steps that have been taken by the country's leadership to create a modern and efficient parliament are reflective of an effective engineering management approach (Sun & Yam, 2008). For example, according to the Shura Council, "Although people felt that there were no barriers between them and their political leadership, the government believed that expanding the public participation in decision-making and freedom of expression, [and] consultations on matters of interest to the country, were important issues" (History of Shura Council, 2014, para. 4). As a result, on December 20, 1992, Amiri Order No. 9 for the year 1992 was promulgated that established the Shura Council (Consultative), or upper house of parliament, that was comprised of 30 members who were chosen based on "their social standing, expertise and influence" with terms of 4 years which could be extended further (History of Shura Council, 2014).

Further engineering management for a new legislative system took place on December 20, 1992, when Amiri Order No. 10 for the year 1992 on the Internal Regulation By-laws of the Shura Council was issued, followed by Amiri Order No. 14 (1992) that stipulated the first dates for assembly and recess for the upper house of the Bahraini parliament (i.e., January 16 and May 31, 1993, respectively) (History of Shura Council, 2014). The upper house of the Bahraini parliament therefore began its current legislative tenure on January 16, 1993 with an inaugural speech by King Khalifa (History of Shura Council, 2014).

The next engineering management step for the new Bahraini political system was the development of the Shura system which was accomplished by Order No. 12 for the year 1996 which increased the number of Council members to 40 from the original 30 members, a step that was intended to increase the representation of the larger Bahraini society as well as including membership that possessed the credentials and expertise needed to help shape the direction of the country in the future (History of Shura Council, 2014). The Bahraini lower house of parliament, known as the Council of Representatives, is also comprised of 40 members who are elected and who also serve 4-year terms (Bahrain overview, 2013). In addition, Amiri Order No. 12 of 1996 (Articles 2 & 3) assigned Council members more authority than was enjoyed by the previous Council (History of Shura Council, 2014).

The engineering management of the legislative system did not end there, but rather included the authorization of the upper house of parliament to possess complete legislative powers in consultation with a lower house (Carothers & Ottaway, 2012). As a result, Bahrain has been engineered to have a bicameral legislature comprised of an upper and lower house, with parliamentary elections for the lower house are held every 4 years but with terms that can be extended thereafter (The report: Bahrain 2008, 2009). Like in England (McLean & Peterson, 2011), the Bahraini prime minister is appointed directly by the king without any approval required from the upper house (The report: Bahrain 2008, 2009).

Logistics of Information Perspective

The logistics of information perspective includes investments in software and information systems that can facilitate the decision-making process by a legislative body (Bounfour, 2003). In addition, the logistics of information perspective also includes the extent of the free flow of information to facilitate communications between organizational divisions in a parliamentary government (Bounfour, 2003). Parliamentary procedures are defined as "an organized method for a group to accomplish their goals in an effective, fair, and efficient manner" (Archer, Dill & Weber, 1999, para. 2).

Parliamentary procedures are favored in legislative bodies because they provide "an orderly way to conduct the group's business and make decisions" (Archer et al., 1999, para. 2). Parliamentary procedures are considered to be fair because they provide a useful framework in which decision can be made in a democratic fashion (Archer et al., 1999). Finally, parliamentary procedures are regarded as being efficient by focusing attention on a specific item of business that must be addressed prior to moving to the next (Archer et al., 1999). Most parliamentary procedures are based on Robert's Rules of Order which outlines specific procedures that should be followed to conduct items of business in group meetings of virtually any size (Archer et al., 1999).

Parliamentary procedures, though, have a mechanism whereby delays can be introduced intentionally and formally for a wide range of reasons. For example, Archer and his associates report that, "There are times when there is a reason to delay the decision on a motion. Perhaps there is not enough information to make a decision. The procedure to do this is called 'laying on the table.' This delays a decision until another time" (1999, para. 3). Therefore, the legislative process in any parliamentary setting can be delayed intentionally by a laying on the table motion based on partisan differences or administrative need as well as unintentionally through communications or procedural delays.

The logistics of information perspective also includes the process by which the Bahraini lower house of parliament communicates with the upper house and the king (Morgan, 2009), a process that has become more efficient in recent years but which still experiences administrative delays from time to time (Bahrain, 2014). This is not unusual and a number of other countries have experienced a series of delays and challenges in the administration of their houses of parliament from time to time and over time (Sambrook, 2003), and constraints to the communication process between the upper and lower houses of parliament have been experienced in England since at least 1363 (Luce, 1935).

Moreover, the complex parliamentary procedures that are in place in most national parliaments are frequently hampered by procedural delays (Kay & Binnendijk, 2007). In fact, in some jurisdictions such as Canada and the United Kingdom, there are so many parliamentary committees and procedural rules in place that it frequently requires an inordinate amount of time to move bills from one legislative level to the next (Fenn, 2008). There are also a number of legislative levels in both houses of the Bahraini parliament (see organizational chart for the upper house in Figure 1 below) that can reasonably be expected to introduce some administrative delays as legislative issues are moved from one level to the next.

Figure 1. Organizational chart for the Bahraini upper house

Source: http://www.shura.bh/en/SiteCollectionImages/Strcuture/brownCut.gif

Likewise, just as in the Canadian parliament where English and French are the official languages and government documents must be prepared in both languages (Ford & Vachon, 2007), official documents for the Bahraini upper house are usually prepared in Arabic and English and the translations double-checked for accuracy, a process that introduces yet another delay in the legislative process (Karolak, 2011).

In some jurisdictions in developing nations such as Kenya, the houses of parliaments simply lack the administrative and technical resources they need to accomplish their goals effectively (Bohnstedt, 2008). In other jurisdictions such as the United Kingdom, the dramatically different compositions of the upper and lower houses have introduced some communications constraints (Nicholas, 2003). Finally, an increasing number of jurisdictions are providing their lawmakers with mobile communications devices to facilitate their communications with constituents and fellow parliamentarians (Fenn, 2008).

Other steps taken in recent years to facilitate access to information by the Information Technology Directorate include the implementation of a Shura Council meeting minutes archive that is available on compact disks that includes a powerful search feature and subject indexes (Information Technology Directorate projects, 2014). In addition, the Information Technology Directorate recently launched Shura Web television that continues the ongoing development of a Web site that contains additional Shura Council information as well as new interactive services that facilitate access to what the Directorate terms "the latest news and events in a clear and attractive form to attract more visitors and those concerned with the Inter-Parliamentary in the Kingdom, and in the friendly countries as well" (Information Technology Directorate projects, 2014).

The new Shura Council Web site is presented in both Arabic and English and is intended to provide more efficient means of connecting with the Bahraini government's e-government initiatives (Information Technology Directorate projects, 2014). According to the Information Technology Directorate, "The website has won numerous awards recently in different fields such as content and technical innovation" (Information Technology Directorate projects, 2014, para. 3). The Web site has also been made accessible by the blind using Visio Braille technologies (Information Technology Directorate projects, 2014).

Other recent initiatives taken by the Information Technology Directorate to facilitate information access by members of parliament and constituents include the following information technology initiatives:

1. Archiving and Documentation System: Archiving system and document management was launched in the Directorates of the Council in preparation for the transition from paper-based system to electronic-based system by using SharePoint technology.

2. Analytical Minutes: The system was launched to analyze and classify the minutes to bring out reports and statistics uploaded directly on the site of the Council as an output for any specialized research.

3. Electronic Drafting System: The system facilitates the processing of what is required as preparations before the meeting such as the electronic agenda, in addition to providing a tool to facilitate the process of electronically drafting minutes, resolutions and indexes.

4. Administrative and Financial Affairs System: A sophisticated human resources management system is being used with a technology supported by the latest modern methods to track the flow of work electronically.

5. Parliamentary Library System: This is a sophisticated system to manage the library, using Oracle technology and linked to directly to the Shura site to facilitate the process of research and borrowing.

6. Voting system: This is a system to manage the meeting and electronic voting during sessions where it displays the items of the agenda and organize the request to speak and vote on items, and the speaking time is calculated to save all the occurrences of the meeting. Through this system reports and accurate statistics can be drawn.

7. Direct Video Broadcasting: This is a service provided by the Directorate to facilitate the dialogue between the various legislative councils around the world, and enable users to participate in the discussion of topics with each other no matter how far the places are, in cooperation with communication operators in the Kingdom of Bahrain.

8. Sign Language: Translation service is provided with all necessary technical and technological preparations to communicate with people of special needs.

9. Voice Broadcast: A voice broadcast of the meeting is transferred directly to the Bahrain Radio and Television, as well as posted on the site of the Shura Council to facilitate communication between the Council and external bodies, as individuals or ministries and institutions.

10. Video broadcasts: The meeting is broadcasted on the internal network, as well as on the government network of other authorized entities, in addition to broadcasting outside the government network as a service especially for members staying outside the Kingdom of Bahrain on official mission.

11. Filming and editing the session: The session is edited by the multimedia section using the latest techniques for the preparation of reportage or photographed news report or others in cooperation with the Directorate of media section to cover any event in the meeting room, such as visiting students, delegations and training sessions or meetings of committees or other activities.

12. Panel E-Services: The main screen is equipped with display that shows ads and events, and important news of the Council during the meetings throughout the week.

13. Registration and unloading voice: A system is used for unloading voice that directly transfers the sound to the clerks in the minutes Directorate.

14. Wireless: WiFi service is offered to council members, visitors and journalists in the main hall and committee rooms.

15. SMS short messaging system: The use of SMS technology and e-mail as alarm and reminders for meetings and the backlog.

16. Development of Shura Council private network: The goal of this initiative is to make quality improvements in the infrastructure of computer network of the Shura Council, according to the highest international standards in the area of information networks in terms of security, and technical support systems with the development of plans to combat disasters and preventive recovered information (Information Technology Directorate projects, 2014, paras. 4-7).

Just as the engineering management and logistics of information perspectives can provide fresh insights into the development of the Bahraini legislative system, an application of the knowledge management perspective can likewise illuminate the process and these issues are discussed further below.

Knowledge Management Perspective

Implementing and administering effective knowledge management practices can provide a wide range of beneficial outcomes. For instance, Todd and Southon (2008) emphasize that, "The practical application of the concept of knowledge management is a powerful force in organisations which contributes to organizational performance, competitive advantage and positioning, economic success in the market place, and economic sustainability" (p. 313). In fact, there is a growing body of evidence that indicates the positive outcomes that are achievable through sound knowledge management practices are balanced by the numerous negative outcomes that can result when these practices are ignored (Todd & Southon, 2008).

Effective knowledge management practices are largely based on the efficient logistics of information practices, with increased access to information providing improved knowledge management capabilities (Bounfour, 2003). Moreover, Probst and Raub (2000) point out that, "The building blocks of knowledge management contain activities which without exception are directly knowledge-related" (p. 35). Knowledge management practices also involve evaluating the effectiveness of steps that are taken to reach established goals (Probst & Raub, 2000). In this regard, Probst and Raub point out that, "We need methods for measuring normative, strategic and operational knowledge. The way in which knowledge goals are formulated determines the ways in which they can be assessed" (2000, p. 34).

The Bahraini upper house of parliament does in fact have effective knowledge management practices in place that include ensuring timely access to both foreign and domestic sources as well as the feedback from society (the term for political parties in Bahrain) and constituents (Fakhro, 2011). For instance, the Shura Council employs a media watch journalist to "monitor the news of the Chairman, Vice-Chairmen and members of the Council in general" (Information Technology Directorate projects, 2014). Implementing and sustaining these levels of knowledge management practices are highly congruent with the guidance provided by Probst and Raub (2000) who advise, "Knowledge management includes measures which mainly affect individuals and groups. It performs a bridging function among individuals, groups and organizational structures" (p. 35).

According to Probst and Raub (2000), the six main processes that are involved in knowledge management are:

1. Knowledge identification,

2. Knowledge acquisition,

3. Knowledge development,

4. Knowledge sharing and distribution,

5. Knowledge utilization, and

6. Knowledge retention.

In other words, knowledge must be identified, acquired, developed, shared and distributed and used but it must also be retained in order to develop effective knowledge management practices. In addition, Probst and Raub note that, "Knowledge management can be applied to individuals, groups, or organizational structures. It has strategic and normative aspects as well as the operational one" (2000, p. 37). Clearly, knowledge management can play and has played an important role in facilitating the decision-making process by and between the Bahraini upper and lower houses of parliament, especially given that many of the cross-cultural constraints to knowledge management that adversely affect the legislative process in other jurisdictions are not especially salient in the Bahraini parliament (Fiona, Cartwright & Edwards, 2002).