Dimension: 1.7.2 Access to information from the executive
This dimension concerns the legal authority of parliament, parliamentary committees and individuals MPs to obtain information from the executive as part of parliament’s oversight duties.
The legal framework and/or parliament’s rules of procedure should establish clear and effective procedures and specific timelines for obtaining information from the executive, including through mechanisms such as:
- question time in the plenary,
- the provision of information to parliamentary committees or of written responses to individual MPs
- the submission of questions or letters to the executive
- fact-finding visits to government institutions and other sites for oversight purposes.
In some cases, the legal framework may prescribe rules that limit access to classified information, such as state secrets from the military, security and intelligence services. In these cases, requests for classified information may be limited to a special committee or to individual MPs who have the necessary security clearances or authority to oversee these areas. Any such limitations should be precisely defined by law.
In some systems, the failure of a minister to provide information when requested by parliament may constitute grounds for censure or impeachment, or be considered a breach of privilege.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Legal framework
The constitution and/or other aspects of the legal framework authorize parliament, its committees and individual MPs to obtain information from the executive and establish the obligation for ministers to provide such information in full and in a timely manner.
No 2: Procedures
Parliament’s rules of procedure establish clear and effective procedures and specific timelines for obtaining information from the executive. These procedures are applied rigorously and systematically in practice.
No 3: Classified information
Special procedures are in place regarding access to classified information. Any limitations on access to classified information, such as State secrets from the military, security and intelligence services, are precisely defined by law.
No 4: Executive compliance with requests for information
Parliament has a designated committee or other body tasked with monitoring the executive’s compliance with these legal requirements and procedures and for keeping track of matters such as delays, failures to submit information and justifications for delays.
No 5: Failure to provide information
The constitution and/or other aspects of the legal framework establish that ministers or other government representatives are to be held to account for systematically failing to provide information to parliament or to MPs. Such a failure may constitute grounds for censure or impeachment, or lead to other forms of parliamentary action.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the constitution and/or other aspects of the legal framework relating to parliamentary access to information from the executive
- Provisions of parliament’s rules of procedure laying down the procedures for the submission of information requests to the executive, as well as timelines and procedures by which government agencies should respond to such requests
- Provisions of the legal framework relating to the legal or political action that may be taken against a representative of the executive for systematically failing to provide information to parliament
- Parliamentary or committee reports on parliamentary access to information from the executive, possibly including the number of requests submitted, the number of timely and full responses, and the number of delayed responses and justifications for delays.
Where relevant, provide additional comments or examples that support the assessment.
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The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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