MPs lack access to Parliamentary Counsel

Parliament has no dedicated Parliamentary Counsel to advise its 55 Members, prompting the Standing Committee on Foreign Affairs and Defence to recommend the establishment of the position.

The recommendation follows concerns raised by Opposition Member of Parliament Virendra Lal with Secretary-General to Parliament Jeanette Emberson.

Mr Lal told the committee that not all MPs were lawyers and that they needed access to legal advice.

Ms Emberson said the Secretariat was “still pursuing” the appointment of a Parliamentary Counsel or the establishment of a dedicated Legal Unit.

A Senior Legal Officer position was filled in June 2024. However, Parliament’s written response said the Finance Ministry had not approved additional staff for the Legal Unit.

The committee found that Parliament had neither a Parliamentary Counsel nor a specialised legal drafting unit.

It recommended establishing an office to provide “independent legal advice, legislative drafting services and procedural support”.

The lack of dedicated legal support is one of several outstanding reforms identified by the committee.

Others include an independent accounting system, a Parliamentary Bill and a stand-alone parliamentary precinct.

Ms Emberson also confirmed that Parliament had not undertaken any work to review the law governing its powers and privileges.

“We have not delved into any work to really bring this up to the recommendation,” she said.

On the proposal for a stand-alone parliamentary building, she said it “is not going to be overnight work”.

Space constraints also affect journalists covering Parliament.

Deputy committee chair Rinesh Sharma said reporters had to wait for ministers throughout the day.

“Standing all day is actually painful,” he said.

The committee found that facilities for media personnel were limited and recommended providing better working space for journalists.