Executive Summary

“The Jordanian Parliament Monitor” is an independent, non-partisan project launched by Al-Quds Center for Political Studies in 2008 with the support of the National Democracy Institute for International Affairs (NDI). It is aimed at enhancing partnership between the Parliament and the several organizations of civil society. It helps advance the parliamentary practice level both on the legislative and the oversight levels as it provides the best international practices and expertise. Of course, accuracy, scientific approach and objectivity are a must when it comes to data gathering, classification and analysis for the observatory.
This report gives a brief on the legislative and control deliverables of the fifteenth Representatives’ Chamber (Lower House) in its extraordinary second session in addition to the oversight role of the session. It is the third report issued by the “Jordanian Parliament Monitor” in a series of monitoring reports taking place in concurrence with the Lower House meetings and those meetings to analyze the parliamentary performance with regard to some issues for priority for the Jordanian citizens.
The report is devised into four sections that capture the legislative and oversight aspects in addition to the regularity of meetings and rates of attendance and absence to end up with conclusions and recommendations.

First: The Legislative Role

 The Royal Decree to convene the second extraordinary session included 32 draft laws, provisional laws, and amended laws in addition to the Audit Bureau reports for the years 2000 to 2007 and the proposed amendments to the Lower House Bylaw.

 From among the laws included in the Royal Decree, the Government referred 29 draft laws and the Representatives’ Chamber took out the remaining draft laws from drawers to become part of their “active file”.

 The 29 draft laws referred by the Government are as follows: 9 new draft laws for 2009, 12 amended drafts for laws in force; only 13 laws were passed, though.

 Out of the 13 laws passed by the Representatives’ Council, only ten were passed by the Senates’; three draft laws were returned to the Representatives’.

 Draft Laws referred to the Representatives’ were assigned only to seven of its standing committees. Two draft laws were referred to two joint committees- the Financial and the Economic Committee; and the Labor and Social Development Committee. The Administrative share counted for (4) draft laws; Labor and Social Development got (2) draft laws; the Financial and Economic Committee received (7) draft laws; the Health and Environment Committee received (2) draft laws; and the Energy Committee received only (1) draft law.

 As per policies included therein, the draft laws were assigned as follows: (11) draft laws on Economic, Finance and Business policies; (7) draft laws on Development and Social welfare, (3) draft laws on Democracy and Political Reform; (6) draft laws on Education, Higher Education and Scientific Research, Culture and Religious Affairs; (6) draft laws on Legislation and Justice; (2) draft laws on Security and Defense; and only (1) draft law on Infrastructure.

 Proposals of Laws: The Representatives submitted only two proposals of laws; a draft law to cancel Wadi A’raba Agreement signed between Jordan and Israel in 1994; the draft laws was referred to the Committee of Arab and International Affairs which did not discuss and did not consider during the extraordinary session. The second proposed law calls on the Representatives’ Chamber to issue a draft law to emphasize the Arabic Identity of Palestinian cities and towns in the 1948 territory. The Chamber referred the draft law to its administrative committee which also did not consider or discuss the law not it put it on its agenda during the Session.

Second: The Oversight Role

 The Parliamentary Questions:

  Official statistics of the Chamber reveal the number of questions addressed by the Representatives’ to the Government as 49 questions and the Government answered only 29 questions. However, the Monitor sources reveal this number as 51; the Government answered only 35 questions; most often after the date scheduled according to the Bylaw of the Council.

  Representatives addressing questions to the Government during the extraordinary session counted for 13 only asking one to seven questions.

  According to Parliamentary blocks, the Islamic Action Front members addressed 18 questions; 13 questions by Al-Ikha’ Block; 8 questions by Independent Representatives; 7 questions by the National Democratic Block and 5 questions by the National Trend Block.

  Noticeably, the representatives were mainly interested in their questions on the economic and financial issues; this aspect yielded the utmost importance and top priority among representatives whether members in blocks or independents.

  The main distinct feature of the second extraordinary session is the issuance of a resolution by the Bureau of Law Interpretation on July 29,2009 known as “Resolution No. 2” for 2009 based on a request by the Prime Minister. The Resolution interprets Paragraph “c” of Article “115” of the Representatives’ Chamber new Bylaw. It stipulates, “the question to be addressed by the Representative to the Prime Minister or one of the ministries should not, in any means, include any demand or disclosure of people’s names; and the question must not violate their private affairs.”

 Interpellations

 The second extraordinary session witnessed two official interpellations to the Chamber Speaker first in relation with the social security (safety) net; and the second in relation with the names of administrative governors, dates of their appointment and the venue of work for each. These two interpellations were not raised as the extraordinary session agenda did not include any stipulation in this respect.

 Memoranda

  Memoranda submitted during the second extraordinary session counted for 15 memoranda out of which 6 were submitted by the Chamber committees; 7 signed by a number of representatives; and two memoranda submitted by individual representatives. The Government responded to one memorandum only.

   Four memos were addressed to the Prime Minister and one to each of the Minister of Higher Education and Scientific Research, the Minister of Public Works, the Minister of Foreign Affairs, the Minister of Agriculture, the Minister of Water, the Minister of Municipal Affairs, the Minister of Labor, the Minister of Interior, and the Minister of Social Development.

    It is worth mentioning in this respect that another number of memos submitted by the representatives were not entered into the official logs of the Chamber. These include two memos- one with regard the sit in by the Port Corporation workers , and the second in relation with the death of Dr. Marwa Shirbini who was killed by a German extremist. The third memo was in relation with the release of the Speaker of the Palestinian Legislative Council- Aziz Dweik. It is calls for inviting him to visit Jordan and to hold an honoring celebration for him at the Representatives’ Chamber. The  fourth memo calls on terminating the Chamber’s crisis with the Press, and the fifth memo calls on permitting the representatives to visit Gaza Strip.

   Noticeably, facts on the ground reveal that the memos submitted by the representatives cover policies of labor, universities, corruption combat, outbound tourism, agriculture, family and children, transport, and transportation.

 Communiqués Issued by the Chamber

o  During its second extraordinary session, the Representatives’ Chamber issued four communiqués:

 First: A condemnation of the speech given by the Israeli Premier in relation with the “Jewish” identity of the State of Israel.

 Second: A condemnation of events taking place at sports playgrounds and stadiums including slogans and swear words that do not correspond to Jordan and Jordanians as well as causing prejudice to their national integrity and unity.

 Third: A condemnation of assassinating Dr. Marwa Shirbini in front of one of the German courts by a German extremist.

 Fourth: Appreciation of the national vision expressed by His Majesty the King during his meeting with the General Commandment Staff of the Armed Forces.

Third: General Meetings:

 The complementary meetings and quorum “manipulation” phenomenon:

 In its second extraordinary session, the Representatives’ Chamber held 21 meetings; it failed to hold one meeting due to lack of quorum and other two meetings lost quorum at a certain point of the meeting.

 Inclination of both the Chamber’s Speaker and its General Secretariat continued to be reluctant to inform the public opinion of the official attendance and absence of representatives. So seldom had the Chamber did not publish names of the “no excuse” absentees.

 Noticeably, the Chamber held only four ordinary meetings. It was holding complementary meetings to avoid the problem of securing quorum for its following sessions.

 Attendance and Absence:

 According to the Monitor sources, only 6 representatives attended all meetings of the extraordinary session. Representatives absent from one to five meetings counted for 54; those absent from six to ten meetings counted for 31; those absent from eleven to fifteen meetings counted for 13; those absent from sixteen to twenty one meetings counted for 4. Two representatives did not attend any meeting during the session.

Fourth: Proposals and Recommendations

1. Parliamentary Committees:

o Increase the number of standing parliamentary committees in order to form new committees including:
o Split the Economic and Financial Committee into two committees; one Economic and the other Financial with relevant mandate assigned to each.
o Form the “Discipline and Conduct Committee” to be responsible for monitoring conduct of representatives and their regular attendance of meetings; also follow up complaints in relation with performance of representatives to maintain a good image and respect of the representative, the Chamber.
o Form the “Women and Family Committee”; this will be responsible of considering all laws, agreements, and proposals related to women, family and children issues. The Committee will also monitor and follow up policies, plans and programs required for the cultural, economic, and political development of women.
o Increase the number of members of the Standing Committee to become (15) instead of (11) members so that all members of the Chamber can have the opportunity to participate in the committees.

2. Parliamentary Blocks

o    Recognize the role of Parliamentary Blocks in the Chamber especially that the Bylaw does not recognize any role of such blocks the Chamber of Representatives. In fact, a chapter must be designated in the Bylaw in terms of formation and membership as well as the requirements to move from one block to another. Moreover, relative representation of blocks and independent representatives must be considered when it comes to committees so that no block or coalition will be dominating the Chamber.

3. Presidency of the Chamber:

o Some of the powers of the Speaker of the Representatives’ Chamber must be transferred to the Permanent Office “so that the Speaker will be the Spokesperson of the Chamber. This must resign from his block for some moral reasons in the sense that he can “belong” to all members of the Chamber and not to a one single block.
o The Constitution must be amended in order to provide for electing the Chamber Speaker for four years instead of one year. This will help avoid all burdens and repercussions resulting from the annual election of the Chamber Speaker.

4. The Oversight Role:

o Parliamentary Interpellations: Give a longer timeline to answer the Parliamentary questions and set mandatory mechanisms to provide answers on the new dates set in the amended Bylaw of the Chamber.
o Oversight Action during the Extraordinary Session: Enforce the oversight role of the Chamber during the extraordinary session by inserting the “Other Business” item into its agenda.

5. Regularity of Meetings; Attendance and Absence

o The Ordinary Session: Extend the ordinary session period even if this requires an amendment to the Constitution; or enforcement of the power to extend the session for further three months as stipulated in Paragraph Three of Article (78) of the Constitution.
o The Extraordinary Session: Elaborate the constitutional text related to the extraordinary session so that it will be mandatory rather than being a reaction to the wish of a parliamentary majority (Article 82). Moreover, identification of the extraordinary session topics beforehand does not serve enhancement of the Parliament role and the assumption that it is a sovereign entity.

o Attendance and Absence:

 The General Secretariat of the Chamber must announce names of absent representatives upon a disclosed excuse at the beginning of each meeting including the complementary ones; names of absent representatives without any excuse must be announced at the beginning of the following meeting.

 A clear policy must be adopted in relation with attendance and absence even if it requires penal procedures against representatives absent without an excuse especially those with recurrent absence.