Civil Network OPORA has researched the ways to increase transparency of VRU committees, particularly publication of information about their activities on their websites. Thus, we have analyzed the current situation, determined key issues in activities of parliamentary committees, and suggested solutions for the existing problems. The research takes into consideration the recommendations included in the Work Plan for implementation of the Declaration on Parliamentary Openness, approved by a decree of the Chairman of the Verkhovna Rada of Ukraine as of 5 February 2016.
On 11 March 2016, representatives of Civil Network OPORA presented the research results on a meeting with the Chairman of the Verkhovna Rada of Ukraine Volodymyr Hroisman, and discussed the issues related to transparency and openness of the Parliament and its separate institutions, as well as development and introduction of the Open Data Portal of Verkhovna Rada of Ukraine. Based on the meeting results, Volodymyr Hroisman charged the Parliament's Apparatus to resolve the certain problems in communication between OPORA and the Parliament on the way to reform.
Besides that, Civil Network OPORA took a responsibility of providing a monthly verification of committees' openness, particularly publication of information about their activities on their websites.
CURRICULUM VITAE
Civil Network OPORA is monitoring the activities of parliamentary committees, particularly publication of information about their activities on their websites. According to the monitoring results, the decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, which contains a list of information that must be published on websites of VRU committees, is not followed thoroughly. Only 8 of 29 committees publish more than 50% of information that must appear on their websites. Most of committees, however, do not publish in time or don't publish at all the minutes, shorthand and audio records of meetings. As of November 2015, all 27 committees publish their minutes of meetings on websites, but only 10 of them to it on time. Shorthand records are published on websites of 24 committees, and only two of them are published on time (Committee on Industrial Policy and Entrepreneurship and Committee on Freedom of Speech and Information Policy). Audio recordings are published on websites of 12 parliamentary committees, and only on 8 websites on time.
At the same time, the abovementioned Decree doesn't provide a complete list of information, which must be published on websites of committees. Civil Network OPORA is convinced that this list should be extended. For example, it would be expedient to publish: online streaming of committee meetings; registration procedure on open meetings of committees for representatives of the public; statistics on attendance of MPs on meetings of committees; information about the staffing and activities of advisory bodies under committees; registration procedure for mass media representatives on meetings of committees and their other working bodies; contacts (phone, e-mail) of members and employees of a committee secretariat.
Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, doesn't provide a unified form and content of information that must be published on websites of VRU committees, particularly information concerning consideration of draft laws.
One of the key reasons why so little information is published by parliamentary committees is that the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine doesn't provide a complete list of information which must be published on websites of committees.
Besides that, the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine doesn't provide a complete list of sections which must be created on websites of committees, as well as requirements for interface design. Thus, most of websites are quite different, information of the same type is placed in different sections. Committees decide which information to publish and where to put it on a website by themselves. As a result, it's quite difficult to find the certain information on websites of the committees.
PROBLEM 1
Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015 is not followed thoroughly, while the list of information about activities of VRU committees, which should be published, is quite wide. All the website contain different amount of information about activities of parliamentary committees.
SITUATION
Civil Network OPORA has developed an assessment methodology to verify transparency of parliamentary committees. It was applied for the first time for transparency assessment of VRU committees of the previous convocation of Ukrainian Parliament. The methodology includes 36 indicators for now. On one hand, we took into consideration the Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015 containing the list of information about activities of VRU committees, which must be published. On the other hand, a number of indicators were based on the list of information, which is expedient for publication on websites of committees, according to the Civil Network OPORA.
According to the results of a research verifying transparency of VRU committees of VIII convocation, made by the Civil Network OPORA in December 2014 – November 2015, most of committees publish less than a half of information, which must be published on their websites. Thus, only 8 committees publish more than 50% of mandatory information on their websites, 1 committee – 50%, and other 18 committees– less than 50% of information.
SOLUTION
To charge the certain person with a duty of making publications on website of a committee. To establish administrative responsibility for non-publication or untimely publication of information.
Public and independent citizen oversight of committees, systematic monitoring of the information published on websites by the committees themselves.
PROBLEM 1.1
Most of the VRU committees do fail to publish in time or don't publish at all the minutes, shorthand and audio records of their meetings.
SITUATION
According to the results of a research verifying transparency of VRU committees of VIII convocation, made by the Civil Network OPORA, as of November 2015, the minutes of meetings are published on 27 websites of parliamentary committees, and only on 10 of them in time. Shorthand records are published on websites of 24 committees, and only two of them are published on time (Committee on Industrial Policy and Entrepreneurship and Committee on Freedom of Speech and Information Policy). Audio recordings are published on websites of 12 parliamentary committees, and only on 8 websites on time.
According to the Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, minutes, shorthand and audio records of a meeting shall be published within five working days after the meeting, and if draft codes or bills containing more than 100 articles or paragraphs are considered on a meeting – not later than two days before consideration of the draft law on plenary meetings of the Verkhovna Rada of Ukraine.
SOLUTION
To charge the certain person with a duty of making publications on website of a committee. To establish administrative responsibility for non-publication or untimely publication of information.
Public and independent citizen oversight of committees, systematic monitoring of the information published on websites by the committees themselves.
PROBLEM 2
Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015 contains incomplete list of information, which is suitable for publication on websites of committees. Civil Network OPORA is convinced that this list should be extended.
SITUATION
According to the paragraph 15 of the Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, website of a parliamentary committee shall contain the following information:
- information about the composition and structure of a committee and committee's secretariat;
- information about activities of a committee (meetings, hearings, roundtables and other events);
- draft schedule of committee's meetings, prepared by a committee head (shall be published within one working day);
- two-week schedule of committee's meetings, approved on a meeting of the corresponding committee (shall be published within one working day);
- changes in the schedule of meetings (shall be published not later than four days if they are to be held in the periods between plenary sittings of the Verkhovna Rada of Ukraine, and not later than 24 hours in the period when plenary meetings are conducted);
- minutes, shorthand and audio records of a meeting (shall be published within five working days after the meeting, and if draft codes or bills containing more than 100 articles or paragraphs are considered on a meeting – not later than two days before consideration of the draft law on plenary meetings of the Verkhovna Rada of Ukraine);
- acts, adopted by a committee (shall be published within three working days);
- minutes and shorthand records of a hearing in committee (shall be usually published within ten days working days, but not later than 20 days after the hearing is held);
- information about law-making activities; draft laws under consideration of a committee, the progress in consideration;
- opinions, decisions, explanations, plans and reports of a committee;
- information about cooperation and communication with the committee;
- photo and video materials about activities of a committee.
SOLUTION
To widen the list of data that must be published on websites of VRU committees. For example, it would be reasonable to publish the following data:
- Online streamings of committee meetings, and the recordings must be kept available for watching on websites of committees or other open resources. If recordings are placed on other web resources, committees should place links to the videos on these resources on their official websites;
- registration procedure on open meetings of committees for representatives of the public;
- registration procedure (accreditation) for mass media representatives on meetings of committees and their other working bodies;
- normative and legal acts regulating activities of committees;
- information about authority of a committee and its sub-committee;
- contacts (phone, e-mail) of members and employees of a committee secretariat;
- information about the staffing and activities of advisory bodies under committees;
- announcements and agendas for the announced meetings of committees;
- statistics on attendance of MPs at committee meetings. If this information is placed on other web resources, committees should place links to attendance statistics on these resources on their official websites;
- results of law-making activities of sub-committees.
Besides that, there should be an opportunity to submit recommendations to draft laws from citizens, civic society institutes and other interested persons, to develop a registration mechanism for MPs participating in meetings of committees, in order to secure personified voting practice.
As for the journalists, the draft Law #1591 on Making Amendments to Some Laws of Ukraine on securing openness and access to information about activities of the Verkhovna Rada of Ukraine, its committees and MPs of Ukraine, should be taken into consideration, particularly its paragraphs establishing that mass media representatives have the right to make film, audio and video recordings on meetings as well as to make radio, TV and online broadcasting without taking any permit for such actions. Any film, audio and video recordings as well as radio, TV and online broadcasting shall be announced by a head before consideration of agenda items.
Civil Network OPORA is convinced that all the information on websites of committees should be in an open data format. This will ensure its convenient processing in the future.
PROBLEM 3
Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, doesn't provide a unified form and content of information that must be published on websites of VRU committees, particularly information concerning consideration of draft laws.
SITUATION
Parliamentary committees choose by themselves the form and content of information concerning consideration of draft laws in authority of a committee.
SOLUTION
To create unified requirements for the information that must be published on websites of committees concerning consideration of draft laws in authority of a committee.
According to OPORA, information concerning consideration of draft laws should contain a registration number and date, name of a bill, list of authors, date of committee meeting, number of minutes and number of question that concerns the bills, short opinion of the Central Scientific Experts Office of Verkhovna Rada of Ukraine, short content of a decision taken by a committee, and electronic document with full text of the decision.
PROBLEM 4
The Law of Ukraine on Committees of the Verkhovna Rada of Ukraine doesn't provide a complete list of information which must be published on websites of committees.
SITUATION
According to the Law of Ukraine on Committees of the Verkhovna of Ukraine, the committees have the right to publish information about their activities on their websites, on the official web site of the Verkhovna Rada, the Rada TV Channel and other media.
However, there is no complete list of information which must be published on websites of committees. The law only says that the committees shall inform the public about their activities, particularly by publishing a work plan and schedule of meetings, list of adopted acts, as well as minutes and shorthand of committee meetings and hearings. However, it's not indicated whether the information should be published on websites of the committees on in any other way.
SOLUTION
To establish by the law the list of information which must be published on websites of committees. Thus, the corresponding amendments should be made to the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine. In particular, the committees must publish information listed in the paragraph 15 of the Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, and a broadened list of information suggested by the Civil Network OPORA (see above).
PROBLEM 5
Sections and interfaces of websites are not unified.
SITUATION
The Law of Ukraine on Committees of the Verkhovna Rada of Ukraine doesn't provide a complete list of sections which must be created on websites of committees, as well as requirements for interface design. Thus, most of websites are quite different, information of the same type is placed in different sections. Committees decide which information to publish and where to put it on a website by themselves. As a result, it's quite difficult to find the certain information on websites of the committees.
SOLUTION
Sections and interfaces of websites of committees should be unified, in order to simplify the navigation on these resources. The corresponding amendments should be made to the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine.
CONCLUSIONS
In order to increase the openness of parliamentary committees, the following steps should be taken:
- To establish by the law the list of information which must be published on websites of committees. Thus, the corresponding amendments should be made to the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine. In particular, the committees must publish information listed in the paragraph 15 of the Decree of Parliament's Chairman on Web-resources of the Verkhovna Rada of Ukraine #699 as of 19 May 2015, and a broadened list of information suggested by the Civil Network OPORA.
- Amend the Law of Ukraine on Committees of the Verkhovna Rada of Ukraine and unify sections and interfaces of websites of committees to simplify the navigation on these resources.
- To create unified requirements for the information that must be published on websites of committees concerning consideration of draft laws.
- To secure publication of information in open data format to ensure its convenient processing in the future.
Prepared under USAID's Accountability, Responsibility, and Democratic Parliamentary Representation (RADA) Program, supported by the Eastern European Fund