WFD Trains NAMs on Post-Legislative Scrutiny to Strengthen Oversight
WFD Training on Post Legislative Srcutiny © Askanwi
By Edward Francis Dalliah
The Westminster Foundation for Democracy (WFD) conducted a one-day training for Members of the National Assembly on Post-Legislature Scrutiny on Saturday, 18th January 2024. The training held at Bakadaji Hotal aims to introduce and institutionalise Post-Legislative Scrutiny (PLS) in Parliament, allowing National Assembly Members (NAMs) to follow up with the implementation of the laws they have enacted.
In her opening remarks, WFD’s country representative, Madam Tabu Njie-Sarr, emphasised that PLS is vital for assessing the impact of laws after their enactment, particularly by gathering feedback from the public. “The aim is to ensure that laws [enacted] benefit [the] citizens in the way originally intended by lawmakers,” she said. Madam Sarr also pointed out that while PLS is an established practice in many parliaments globally, it has not yet been fully institutionalised in The Gambia.
“PLS is recognised as an integral part of the legislative cycle; it is now emerging as a new dimension within the legislative and oversight role of parliament,” she asserted. Her statement reflects the need for the National Assembly to adopt more effective practices in following up on the laws they pass.
WFD Gambia Representative Madam Tabu Njie-Sarre © Askanwi
A document published by the National in 2023 on Post-Legislative Scrutiny (PLS) noted that while committees within Parliament are tasked with reviewing laws and coordinating with government MDAs, there is currently no dedicated mandate for evaluating the implementation of those laws. The document also revealed that if the National Assembly should decide to use PLS to monitor the implementation and improve the quality of its legislation, there are three potential ways they can follow:
Regular reporting from ministries on the implementation of laws after three or five years of their enactment.
The National Assembly to outsource or commission research on the implementation of a law to external institutions, either autonomous official institutions (such as the Auditor General’s Office) or external independent institutions such as universities.
Parliament to conduct its own enquiries on the implementation of selected laws by holding public hearings, collecting evidence, and conducting in-house research by staff of the Parliament, such as through a research unit or legislative unit.
Madam Sarr addressed the challenges involved in monitoring law implementation, stressing that often, parliaments lack sufficient information about the effects of laws after they are passed. “Parliaments need mechanisms to effectively monitor the implementation of legislation,” she said. She pointed to the example of the attempted repeal of the Female Genital Mutilation (FGM) law as a case where better post-legislative follow-up could have been beneficial.
Meanwhile, newly appointed Clerk of the National Assembly, Mr. Kalipha Mbye, underscored the importance of the training for NAMs, stating that the office of the clerk is committed to ensuring that PLS becomes a permanent fixture in Parliament. “It is one thing for parliament to pass a law, but it’s another thing for parliament to be proactive in checking the impact of the law on society,” he said. He further emphasised the need for NAMs to identify loopholes and gaps in laws to improve them, reinforcing the importance of ongoing legislative review.
Clerk of the National Assembly © Askanwi
