Learning from parliamentary investigations

• General picture
• Conclusions emerging from the three cases
• Recommendations in each of the three cases
• Ministers' response

We examined the effect the results of parliamentary inquiries have on ministries. Are lessons learned, and are they lasting? How can we encourage ministries to learn more from parliamentary inquiries in the longer term?

The audit was based on three cases: 'Evaluation of investigative methods' (Kalsbeek Committee, 1999), 'Decision-making on deployment' (Bakker Committee, 2000) and 'The construction industry' (Vos Committee, 2002).

General picture

Recommendations made by parliamentary inquiry committees are usually geared as much to solving incidental problems as to resolving their underlying causes. And, in the wake of a parliamentary inquiry, ministries will initially concentrate their efforts on both areas. However, in the end most energy is concentrated on introducing simple measures that yield visible, short-term results. We found that recommendations, and subsequent improvement measures, have more lasting impact if they are followed up by an evaluation.

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Conclusions emerging from the three cases

In 1999 the Kalsbeek Committeerecommended that efficiency of investigations be increased by boosting expertise and improving information exchange between the police and the criminal justice authorities. The Ministry of Justice and the Public Prosecution Service took steps to achieve this. However, these centrally managed initiatives have had little visible impact. Individual forces' efforts to develop their own initiatives, e.g. relating to information-driven investigation, have been more successful. But these initiatives vary from region to region, and the lack of uniformity has had a negative effect on efficiency and constitutes a risk to legal equality.

The Bakker Committeeargued for improved information provision on decision-making on participation in peace missions. As a result the responsible ministers revised the 'Terms of Reference on decision-making on the deployment of military units abroad'. Information is now presented to parliament in a more structured and balanced manner. However, the revised Terms of Reference are difficult to apply. For example, the formal requirements specified in the Terms are at odds with the time pressures unfolding international politics entail. This can mean that the decision to deploy can be taken before all relevant information is available. Furthermore, having Terms of Reference in place does not mean it is always clear how the government has actually reached the decision to deploy.

The Vos Committeeexposed the magnitude of irregularities in the construction sector. New legislation has since made the tendering procedure more transparent. However, the message that innovation should be used as a weapon against these irregularities - by businesses using innovative construction techniques and making a name for themselves as quality builders, thus reducing the need for price-fixing - has been forgotten.

It was also clear from the inquiry that changes to the organisation and ethos of government were needed. Various ministries have tried to introduce improvements, but the results are not yet universally evident. For example, the Government Buildings Agency still has no tender strategy, and is not alert to signs of possible irregularities. The latter also applies to the Ministry of Transport, Public Works and Water Management. Expertise in forensic accountancy within central government still has a long way to go.

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Recommendations in each of the three cases

Investigation. There needs to be better feedback from the police to the regulatory authorities (the Ministry of Justice and the Public Prosecution Service) when investigative methods give rise to problems at implementational level. We recommend that a centralised agency to strengthen expertise be reintroduced. A well-functioning, supra-regional information-management system is also needed. If necessary, the Minister of the Interior and Kingdom Relations should exercise her powers to ensure that such a system is put in place.

Decision-making on deployment. The Ministers of Foreign Affairs and Defence should inform the House of Representatives what information is as yet unavailable when the decision to deploy is made. We also recommend an evaluation of the practical implementation of the revised Terms of Reference.

The construction industry. We recommend that the Government Buildings Agency and the Directorate-General for Public Works and Water Management regularly analyse tendering results for signs of market division arrangements. In order to optimise the willingness of departments responsible for tenders to report irregularities, the Dutch Competition Authority (NMA) should make it standard practice to keep them informed of any action it takes.

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Ministers' response

The ministries affected by the three parliamentary inquiries, the NMA and the Board of Chief Commissioners have all given a detailed response to our conclusions and recommendations. A summary is given in part I of the report.

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