Washminster

Washminster
Washminster
Showing posts with label GAO. Show all posts
Showing posts with label GAO. Show all posts

Monday, 3 February 2014

Is "good government" possible?


Ronald Reagan once stated (actually I think he kept on saying it!) that "government is not the solution to our problem; government is the problem." It's a view that many people hold today. I have to say right from the start - it is not a view I share.

Yet we hear so much about cost overruns; corruption; blunders; if not sheer incompetence. It's not limited to a particular government; or even system of government - I subscribe to The Guardian (UK); Le Monde (France); New York Times (UK); and "European Voice" (EU). Very different systems are reported upon - but the stories are so familiar.

Is it a question of complexity? Our modern world is so complicated - that it may be impossible for any institutions to attempt to keep everything working at the same time. Some people argue that only unrestricted market forces can bring about the optimum results. Frankly, that seems to me to be complete rubbish. History is full of examples of the follies and disasters brought about by unregulated markets. If you want scandals, swindles; abuse of power - read any economic history. I remember reading Professor Galbraith's argument that modern economic history demonstrates a recurring cycle - scandal & crashes (from the South Sea Bubble to...applying his thesis - the Banking crisis of recent years), followed by government intervention to save the system and regulations to stop the same thing happening again - followed inevitably by demands for the relaxing of regulations - leading to new scandals and crashes. Public officials are (rightly) held to much higher ethical standards than business requires.

Certainly complexity is one of a (series) of problems - but can it explain the role of abuse of power and scandal?

I think that we have to accept the first part of Lord Acton's dictum that "POWER TENDS TO CORRUPT, absolute power corrupts absolutely." There are various ways that systems can seek to temper the downside of Human Nature.

Constitutional Law has its role to play. A constitution can set limits on power, and rules which invalidate actions which breach the Constitution. Most states have a single document which sets out the main rules. However that single document is not the complete statement of constitutional law. The US Constitution has been interpreted and applied by the Courts, particularly the US Supreme Court. Constitutional conventions can exist. Until Franklin Roosevelt ran for a third term it was a convention that Presidents served no more than two terms. He broke it, and a constitutional amendment was subsequently passed. Legal remedies may work (but may not be safe in the hands of clever lawyers), but sometimes other pressures encourage compliance. "Conventions" in the UK play this role - they are not legally enforceable, but constitutional actors regard themselves bound by the convention. They are effective when they mean that the cost of breaking the convention outweighs any short term advantage. The Queen could refuse to give the Royal Assent to a bill passed by Parliament (was she tempted when the Hunting Bill was passed?) - but the cost would be the loss of the unchallenged role that the Crown plays.

Ethics rules can play a role. While we might complain about our current politicians being a bunch of rogues - they are actually 'cleaner' than most generations in history. Many scandals of the last 40 years involve behaviour that, thanks to ethics rules, are forbidden - previously these practices were regarded as normal political behaviour.

"Accountability" is a requirement that can reduce scandal and show up incompetence. There is an important role for investigative committees - in Congress committees play an important role in questioning decisions; and requiring officials and others to justify their actions. Within constraints the Departmental Select Committees in the House of Commons can do the same. They are aided by professional support bodies - the GAO (Government Accountability Office) in the USA and the NAO (National Audit Office) in the UK.

In England MPs and Councillors can ask questions of officials carrying out policies; and the decision makers who have adopted policies - and demand answers. Sometimes the press can play a role in uncovering sharp practices and incompetence. There are also various organisations seeking to hold decision makers to account - such as the USA's Common Cause.

We don't live in a perfect world - and Human Nature can be deeply flawed - but in democracies - where power belongs to its citizens - we each have a responsibility (to ourselves and to others) to see that power is accountable to us.

Friday, 19 April 2013

Does it matter who we vote for?


I care less and less about which members of the political elite hold key offices. Does it really make any difference as to whether its the Old Etonian Boy's Club (Cameron et al)? privately educated MPs [ALL parties - 54% of Conservative MPs attended fee paying schools, compared with 40% of Liberal Democrat MPs, and 15% of Labour MPs.]? or the extremely wealthy (Essential if you want to be a Senator; Congressman and to an increasing extent an MP or Peer)?

[Well yes, if you believe in a representative democracy]

But my point isn't to decry the "pay to play" principle; or to deny that there are vastly different policies being put forward by the different parties - but to consider the implications of an important point made by Lord Acton in 1887.

 "Power tends to corrupt, and absolute power corrupts absolutely."

Sadly, Acton's words are true. There is a tendency for power to corrupt - perhaps not in its grossest form - but subtly, by desensitising people once they achieve power. Recent history is full of examples - the expenses scandal at Westminster is classic. Decent, hard-working, dedicated people ended up making claims which were outrageous - but their time in power had desensitised them. "Group-think" took over. Benefits became entitlements - and the public purse dipped into in a way they'd have condemned before they entered the Westminster village. We've read in the papers over recent months of how people thrust into power - whether they be performers or DJs; or politicians - abused their positions to claim sexual victims. Senator Fulbright spoke of the "arrogance of power" that can be shown by nations - but it can often be shown by individuals.

One of the defining demands of 'Extreme-Conservatives' is for less regulation. Cast off regulation and everyone would be better off. Their little experiment now has its results - the banking crisis; Enron; the horsemeat scandal...

We can't alter human nature - but we can put in safeguards to lessen the change of power corrupting. The Americans when they drew up their Constitution were keen to insert "checks and balances".
Montesquieu proposed 'separation of powers' as one way to lessen the likelihood of tyranny developing. Even medieval Kings required 'weights and measures' laws to stamp on the 'rip-off merchants.

Requiring greater accountability from those who exercise power is the only way to take on our human failings. Judicial Review in the UK has developed to challenge - not the substance of decisions - but the way they've been taken. A decision made by a public official who has a financial interest in the result of that decision, will be declared invalid. Decisions can be challenged and struck down where there is irrationality; or irrelevant considerations have been taken into account.

At Westminster and in Congress - our representatives can investigate and question how decision makers have acted. The National Audit Office [NAO] and the Government Accountability Office [GAO] can undertake professional, in-depth investigations and report their findings to our representatives. In Britain MPs and Peers can ask oral questions during question times - and grill Ministers in committee.

Freedom of Information laws can also shed sunlight upon decisions made - allowing questions to be asked.

It does matter who we vote for - because our representatives can call decision makers to account. The issue for us as voters is whether our Parliament/Parlement/Congress has the powers; tools and commitment to holding decision makers to account.

Tuesday, 16 August 2011

Improving the quality of scrutiny

Yesterday I mentioned the work of the Congressional Research Service (CRS). Along with the CBO (Congressional Budget Office) and the GAO (Government Accountability Office), they provide a service enabling members of both Houses of Congress to improve the quality of their scrutiny - a key role for legislators.

In the UK we have the House of Commons and House of Lords Libraries. The first is the best resourced of the two - and yet its counterpart in Congress - provides an excellent service to legislators. It's reports (Research Papers and Standard Notes) are publicly available here. In addition they provide an individual service to MPs - answering questions and providing specific research. The House of Lords Library is a smaller operation. It's Library Notes can be accessed here.

The National Audit Office carries out similar functions to the GAO. A description of their work can be found on DirectGov. "The National Audit Office works on behalf of Parliament and the taxpayer to hold government to account for the use of public money and to help public services improve performance. The National Audit Office is independent of government and has comprehensive statutory rights of access to the bodies it audits." It works specifically with the Public Accounts Committee, but its reports are an invaluable aid for other select committees. The reports are available here.

Select Committees and Public Bill Committees are assisted by the Scrutiny Unit, which consists of a small number of specialists. They are also useful in advising committees about external sources of specialist advice. Their reports can be accessed here.

The reports mentioned in this post are of course important for the work of Parliament and Congress - but they are publicly available - and I have found them to be useful for background reading - and for specific issues which I am researching. They can be very useful tools if you are a student, researcher, or wish to be one step ahead of others in your knowledge of particular subjects.

Sunday, 24 April 2011

The cost of running Democracy

No one ever said that a democracy was cheap to run. It would be cheaper to run a dictatorship or an oligarchy. There are none of the costs of elections - or of having to make provision for accountability!

The US Congress has invested in ensuring that its members are provided with the information to hold the Executive to account, and provide services to their constituents.

So what does it cost to run the US Congress, or other Parliaments for that matter?

See my posts on

The cost of Congress (2007)
The money to run Congress (2010)
The cost of Parliament

Over the last century and a half the power of the Executive has grown enormously. Congress has sought to equip itself to do the job the founders intended, by establishing

The Government Accountability Office
The Congressional Budget Office
The Congressional Research Service (and CRS Reports are available on 'OpenCRS')

Without them, Congress would be without the tools to work on behalf of the citizens whom it represents. The claims made by the Executive (and its agencies) couldn't be independently assessed. Individual citizens wouldn't have someone to help them in their disputes with officialdom.

What are the costs of running the US Senate and the House of Representatives? - a lot. Would we be better off by stripping Congress of the resources it needs to do its job? Only if you think that democracy shouldn't have any teeth. So what was the American Revolution all about?

Friday, 3 December 2010

The money to run Congress

The House Appropriations sub-committee charged with overseeing the financing of Congress' activities is The Legislative Branch subcommittee whose webpage is here. It is currently (111th Congress) chaired by Debbie Wasserman Schultz. A summary of the proposed appropriation for the current fincial year is available here.

Main items include - the costs of running the House of Representatives $1374m; Library of Congress $645.2m; Government Accountability Office $560.7m; Architect of the Capitol $501.2m; Capitol Police $337.3m; Government Printing Office $147.5m; Congressional Budget Office $47.2m

The Senate Subcommittee on the Legislative Branch is currently chaired by Ben Nelson. It's website can be accessed here. The figures are slightly different (all should be sorted out) and $926m is allocated for the running of the Senate.

Monday, 11 October 2010

Rule II House of Representatives

The second rule of the House of Representatives concerns other officers and officials. Unlike the Speaker - who, by convention is a member of the House (the Constitution does not restrict it to members - and in fact in 105th Congress two former members were nominated), the other officers are non-members. The rule distinguishes between official elected by the House



and Offices, whose head is appointed. The Elected Officials are

The Clerk - duties are related to the conduct of House business, they are further described here.
The Sergeant at Arms - responsible for maintaining order and security. A factsheet is available here
Chief Administrative Officer - deals with operation and financial matters of the House. More details here
Chaplain - officers a prayer at the start of business, and some pastoral responsibilities. Further details here.

The Offices are

Office of Inspector General
Office of General Counsel - provides legal assistance and representation to the House
Office of the Historian.

In addition statute provides for the following offices

Government Accountability Office (GAO)
Office of Compliance
Office of Legislative Counsel
Congressional Budget Office (CBO)
Office of the Law revision Counsel
Office of the Parliamentarian

For a list of other House offices, commissions, and joint entities go here.

Thursday, 8 July 2010

Bid Protests

The GAO [The US Government Accountability Office] provides a forum for bidders and offerors seeking federal government contracts who believe that contracts have been, or are about to be, awarded in violation of the laws and regulations that govern contracting with the federal government. A bidder or offeror can file a bid protest with GAO, and GAO issues a decision on whether the federal agency has complied with statutes and regulations controlling government procurement.

CRS has produced a report about the background and procedures for these bid protests. It is available here.


A CRS report on the GAO itself can be accessed here.