(as of may 2012)
01.080 s Governance reform
In the 1990s the PICs of both Councils called strongly for government reform. In 2001 the Federal Council submitted a proposal that set out the introduction of a second level of government comprising ministers that would be answerable to the Federal Council. In spring 2003 the Council of States decided in favour of expanding the Federal Council to nine members, however, together with an extension of the period of office of the federal President to two years. In spring 2004 the National Council passed the proposal back to the Federal Council and asked it to submit new proposals aimed at strengthening political leadership and improving efficiency within the administration.
On 13 October 2010 the Federal Council put before parliament an additional message on government reform. The principal proposal concerns extending the period of office of the President of the Confederation to two years. Moreover, the Federal Council suggests various changes to the Organisation of the Government and Administration Act (OGAA) that involve the obligation to provide information within the Federal Council and among deputies and committees, and the deployment and functions of state secretaries. On 13 January 2011 the PIC-N agreed by 11 votes to 9 with 2 abstentions to address the proposals contained in the Federal Council's additional message. The Committee regards the proposals as insufficient, however, and has therefore set up a sub-committee to examine more extensive basic reforms and report back in spring 2012.
The sub-committee asked that the plenary committee give priority to the proposed changes to the OGAA since it is a question of only minor reforms which could be quickly implemented. At the same time it suggested that stipulations be added to the proposal aimed at strengthening the Federal Chancellery. The PIC-N approved the modified proposal on 8 September 2011 and passed it on to the National Council, which approved it on 14 March 2012. The proposal will be debated in the Council of States in the 2012 summer session.
The PIC-N will most likely request the National Council to address the issue of the need for reform at constitutional level in the third quarter of 2012.
08.432 n Parl. init. Recognition of Swiss children
The parliamentary initiative submitted by National Councillor Ada Marra on 9 June 2008 proposed that third generation foreign nationals living in Switzerland should be able to apply for naturalisation at their own request or at the request of their parents. In general, after a preliminary examination of the initiative, both PICs recognised the need for legislation in this respect. The majority of committee members agreed that children born in Switzerland whose parents have grown up in this country were more "natives" than they were "foreigners".
Its sub-committee having completed its preparatory work, the PIC-N launched a proposal on 5 November 2009 for modifying the federal constitution and the federal law on the acquisition of Swiss citizenship. The proposal aims to facilitate the naturalisation of third-generation foreigners and guarantee uniform regulations throughout the country. Automatic obtention of Swiss nationality at birth (ius soli) is not included.
On 15 April 2010, the PIC-N noted the mainly positive results of the consultation, but put its proposal in abeyance, however, on 9 September 2010, while waiting for the Federal Council's draft concerning the total revision of the Swiss Citizenship Act (11.022 n). When it met on 23 February 2012, the PIC decided however to postpone debating this draft version until discussions on the total revision had taken place, as it would like to deal with this topic in the wider context. The Commission will most likely discuss this bill during the fourth quarter of 2012.
10.052 s Asylum Act: modification
The aim of the partial revision of the Asylum Act is to make procedures faster and more efficient, and to deport more rapidly those applicants who are not to be given protection by Switzerland. The aim of the Federal Council's bill is to simplify the present system of rejection of applications for asylum and to introduce a faster procedure, on paper only, for dealing with appeals and multiple applications. Moreover, the option of submitting an application for asylum to a Swiss mission abroad will be abolished. Other measures have also been set out: applicants who are or fear that they will be the subject of serious prejudice purely owing to the fact that they are conscientious objectors or deserters will no longer be recognised as refugees in Switzerland; when applicants are interviewed, the representative of an aid organisation will be replaced by an advisor, paid by the Confederation, who is specialised in procedures and evaluating the likelihood of asylum being granted. The Aliens Act would need to be modified accordingly.
As the Committee of the first Council, the PIC-S started examining this issue during the summer quarter of 2010. In November 2010 the Committee asked the Federal Department of Justice and Police (FDJP) to submit a report by the end of March 2011. This report should indicate how basic improvements can be made as part of the current revision to ensure that application procedures can be speeded up across the board and not only in certain cases. In May 2011, the Committee noted the contents of the FDJP's report and decided to divide the proposal into two drafts. Proposal 1 contained possible solutions that can be implemented quickly, as set out in the original dispatch from the Federal Council, together with the new requests listed in the Federal Council's additional message of 23 September 2011. In the 2011 winter session the Council of States addressed the proposal and approved its Commission's requests. At the same time, the chamber decided to follow its PIC's recommendation to return the original draft bill to the Federal Council with instructions to propose a marked acceleration in dealing with applications for asylum, in particular by expanding existing federal asylum centres and constructing new ones. As Committee of the second Council, the National Council PIC dealt with both proposals in the first and second quarters of 2012. The Committee decided to set up a sub-committee charged with drawing up an inventory of the current problems in the field of asylum.
The PIC-N requests the National Council, which will debate this proposal in the 2012 summer session, to tighten up proposal 1 in various areas and to vote to return proposal 2 to the Federal Council.
(V. summary)
10.403 n Parl.init. New system of support for the press
For several years now the PIC-N has been addressing the question of support for the press. It was this Committee that drew up the proposal that led to a system of indirect support for the press through preferential postal rates (06.425 n Parl. init. Supporting the press through subsidies for distribution costs). As part of the total revision of the Postal Services Act (09.049 n), the Committee succeeded in securing the unlimited extension of these reduced postal rates, contrary to the Federal Council's wishes.
In the medium term, however, the PIC-N would like to arrive at a practicable alternative to reduced postal rates. Accordingly, it submitted a Committee initiative calling for an efficient and sustainable model for maintaining and promoting a varied and high-quality press; at the same time, a legal basis for such a model should be set up. Following the PIC-S's approval of the initiative, the PIC-N set up a sub-committee to implement its wishes. This sub-committee is currently examining possible models and the pertinent basic legislatorial conditions in detail. In January 2012, at the request of its sub-committee, the PIC-N decided by 15 votes to 0 with 6 abstentions on a committee motion (12.3004), which was approved by the National Council in the spring session. In the summer session the Council of States will discuss its PIC's recommendation to accept this motion only in part.
10.440 s Parl. init. PIC-S, Improved organisation and procedures in parliament
In its report dated 29 August 2011, the PIC-S set out a proposal containing many changes to the Parliament Act for the attention of the two Councils. The following proposed modifications to the Parliament Act are of greater consequence: initiatives submitted by members of Parliament or cantons may no longer be general proposals but should be in the form of specific preliminary drafts; an extraordinary parliamentary session should be an opportunity not only for a general debate in the National Council but also for both Councils to take joint decision; controversial questions must also be debated by parliament: the mass handling of procedural requests by the National Council without any discussion must be brought to an end.
The Council of States voted in favour of these proposals during the 2011 autumn session. The PIC-N requests the National Council to approve the proposal to hold a verbal debate on all controversial procedural requests. The Committee also approves the proposed form that extraordinary parliamentary sessions should take. A new instrument should be introduced at regulatory level, the 'current debate', to give the National Council the opportunity to hold discussions on current issues, as before. On the other hand, the PIC-N is not in favour of parliamentary initiatives and cantonal initiatives being submitted only in the form of a preliminary draft.
10.457 n Parl. init. New regulation of the drawing up and approving of international agreements
During the discussions on the international cooperation agreement with the USA over the UBS case it became apparent that the competence of the Federal Council and the Federal Assembly with regard to drawing up and approving international agreements is not clearly defined. The PIC-N would like these powers to be defined more precisely and, on 13 January 2011, voted clearly in favour of addressing a corresponding parliamentary initiative from National Councillor Joder (21 votes to 0 with 1 abstention). On 25 March 2011 the PIC-S followed suit, with 6 votes in favour, 3 against and 2 abstentions. Since the Councils passed on two motions during the 2010 winter session which also call for more clarity on this issue (10.3354 Mo. FAC-S and 10.3366 Mo. CEAT-N), the PIC-N is waiting for the Federal Council to issue a corresponding message within the set time before starting to draw up an appropriate draft.
11.018 n Measures against forced marriages. Federal law
The National Council PIC is in agreement with the Federal Council that more decisive measures should be taken to prevent forced marriages. For example, the authorities should contest the validity of forced marriages and marriages involving minors should no longer be tolerated. In August 2011, the Committee approved the entire text of a proposal drawn up by the Federal Council setting out modifications to the Aliens Act, the Asylum Act and the Civil Code with no votes against and two abstentions. The National Council addressed the proposal during the 2011 winter session and approved the entire text by 128 votes to 51 in the 2012 spring session. In the second quarter the PIC-S discussed the draft and approved it with no votes against and two abstentions. The Council of States will address the draft bill as Committee of the second Council in the 2012 summer session.
11.022 n Civil Rights Act. Total revision
The aim of the Federal Council's proposed total revision of the Civil Rights Act is to ensure that in future only successfully integrated foreigners are granted Swiss citizenship. Accordingly, only applications from foreigners who already have a "C" residence permit, who speak at least one national language and who demonstrate their desire to participate in the economic life of the country or to obtain training will be considered. As an incentive for successful integration, especially well integrated candidates should be able to apply for Swiss citizenship through the normal procedures after eight years' residence in the same place instead of the current twelve years. Moreover, if they move house, the cantonal and local requirement should be three years' residence at the most. Finally, the total revision of the Act should lead to the harmonisation of procedures throughout the country as well as improvements in the exchange of data between the authorities involved at all levels.
As the first Council's Committee, the PIC-N discussed a proposal during the second quarter of 2011. Since part of the Committee considered the reforms put forward by the Federal Council and the results of the detailed examination excessive while another part of the Committee found them inadequate, the PIC rejected the draft bill as a whole on 19 May 2011 by 14 votes to 9. This constitutes a motion for non-approval of introduction of the proposal. On 24 February 2012 the Committee however reviewed its decision and approved the proposal by 16 votes to 6 and one abstention. The PIC is due to examine the proposal again in detail in the third quarter of 2012 and will make its requests to the National Council in the autumn session.
11.049 s Federal Personnel Act. Modification
On 31 August 2011 the Federal Council submitted a dispatch to parliament concerning the modification of the Federal Personnel Act. Its proposals include bringing employment conditions for federal personnel more into line with the law of obligations. This would give the employer more freedom of action.
The Council of States approved this proposal with minor modifications in the 2012 spring session. The PIC-S will begin to debate the issue in the third quarter of 2012, meaning the National Council will vote on this proposal in the 2012 autumn or winter session.
Former Federal Councillors. Compulsory time-lapse
In recent times, the fact of former Federal Councillors taking on mandates has given rise to some controversy. Both PICs felt that something needed to be done in this respect and, on 31 March and 27 June 2011 respectively, agreed to address two parliamentary initiatives from members of the National Council. Both initiatives call for legislation to be put in place whereby a certain period of time must elapse before former Federal Councillors may take on paid mandates (10.511 n Parl. init. Binder. Time-lapse for mandates and posts for former Federal Councillors, and 10.517 n Parl. init. Leutenegger Oberholzer. Restrictions on mandates for former Federal Councillors). When it met on 23 February 2012, the Committee acknowledged that the Federal Council has introduced its own code of conduct on this issue. A majority of the Committee members, however, considers this to be inadequate and would like to draw up a set of legal provisions, to be presented to the National Council sometime during 2013.
Popular initiative: Election of the Federal Council by the People
On 7 July 2011 a popular initiative was submitted calling for the popular election of the Federal Council. The Federal Council is due to issue a dispatch on this initiative in June 2012 and the Councils will then decide on a recommendation for voters after considering the proposals put forward by their Committees.
Legislation for implementing the Deportation Intiative
The popular initiative "For the deportation of foreign criminals (Deportation initiative)" (09.060 s) was discussed by the PICs, which recommended its rejection. The electorate and the cantons subsequently approved it in a vote on 28 November 2010 and now the Federal Council has been called on to put before parliament a draft ordinance on implementation. In December 2010 the Federal Department of Justice and Police, which is heading this task, set up a working group which is now in the process of drawing up a proposal. According to the FDJP's timetable, the proposed text should be examined by the Federal Council before the 2012 summer break and then sent for consultation. The PICs will subsequently examine the draft bill.
Modification of legal stipulations on the integration of foreigners
Through their support for various parliamentary initiatives over the past few years (see 06.485 n, 08.406 n, 08.420 n, 08.428 n), the PICs have repeatedly been made aware of the legislatorial need to improve requirements concerning the integration of foreigners, in particular in relation to their residential rights and acquisition of Swiss nationality. Finally, during the 2011 spring session, a Committee motion was put forward by the PIC-N (10.3343 n) calling for the Federal Council to draw up a bill on integration in general or to revise the Aliens Act. A proposal is likely to be presented to parliament in the second half of 2012.
11.446 s Pa.Iv. Act on Swiss Abroad proposal
At the beginning of 2012, both PICs addressed this parliamentary initiative submitted by Filippo Lombardi, Member of the Council of States. The PIC-S was charged with dealing with this initiative and set up a sub-committee to this end, which must produce an initial draft proposal by the end of 2012.