Tasks and responsibilities
The Standing Orders Committee has a standing subcommittee, known simply as the Subcommittee of the Standing Orders Committee. The subcommittee prepares the committee’s decisions on certain matters of ministerial responsibility.
The subcommittee is comprised of one member from each party group represented on the Standing Orders Committee as well as the observers on the Committee from other party groups. The fact that the subcommittee is permanent means that it is set up for one parliamentary year at a time and not on a case-by-case basis.
Cases of ministerial responsibility
The subcommittee addresses matters of ministerial responsibility and prepares the decisions of the Standing Orders Committee in that regard.
In practice, this is relevant mainly when a commission of inquiry has completed an inquiry and published its report. If the report addresses matters relating to ministers – or former ministers – the Standing Orders Committee will address the matter and refer the preparatory deliberations to the subcommittee. The follow-up on commissions of scrutiny or other investigations launched upon the initiative of the Scrutiny Committee is prepared in the Scrutiny Committee and not in the Subcommittee of the Standing Orders Committee.
The minister is heard
The subcommittee will convene to discuss whether the findings of the commission of inquiry should lead to a political or legal liability for the minister. In some cases, the subcommittee can conduct supplementary investigations.
The subcommittee will ask the minister for any comments on the report of the commission of inquiry. If the subcommittee intends to express its disapproval of the minister, the minister must also be given the opportunity to comment on the intended points of criticism.
Throughout this process, the minister is entitled to legal counsel paid for by Parliament.
A statement is submitted to the Standing Orders Committee
The work of the subcommittee is finalized with a statement to the Standing Orders Committee.
In practice, the statement takes the form of a draft report. If the Standing Orders Committee wishes to adopt the conclusions of the subcommittee, the Committee issues the report corresponding to the draft.
The report may comprise disapproval of a minister of a political nature or find that there is no cause for criticism. If the members of the Standing Orders Committee do not agree on the matter, the report may contain different statements from the different parties on the Committee.
If the Standing Orders Committee finds cause for legal liability, the Committee may recommend impeachment proceedings against the minister or former minister. It is then for the plenary of Parliament to decide whether to launch such proceedings or not.