LEGISLATIVE RESEARCH MANUAL

Legislative Research Manual

June 2019

LEGISLATIVE RESEARCH MANUAL

OCTOBER 2019

PARLIAMENT OF MALAWI


CONTENTS 1. INTRODUCTION 7

1.1. Purpose of this Manual 7

1.2. Structure of this Manual 8

2. NATURE AND VALUE OF LEGISLATIVE RESEARCH 9

2.1. Defining Legislative Research 10

2.2. The Value and Relevance of Legislative research. 10

2.3. Other Types of Research 12

3. PRACTICAL STEPS TO DEFINE APPROACH AND RESEARCH METHODOLOGY 13

3.1. Definition of the scope of the research and of the questions to be addressed 14

3.2. Collection of Information 16

3.3. Evaluating Sources and Information 18

4. SYNTHESISING AND INTERPRETING DATA OR INFORMATION 20

4.1. Facts and Values. 22

4.2. Impact. 22

4.3. Statistical Analysis. 23

4.4. Tips for writing compelling and concise syntheses 23

4.5. Format for presenting your research findings 24

5. CHARACTERISTICS OF GOOD LEGISLATIVE RESEARCH 25

5.1. Empirical or systematic 26

5.2. Impartial 26

5.3. Clear and authoritative 26

5.4. Accessible 26

5.5. Timely 27

5.6. Relevant 27

5.7. Confidential 27

REFERENCES ................................................................................................................................. 27

1. INTRODUCTION 71.1. Purpose of this Manual 81.2. Structure of this Manual 9

2. NATURE AND VALUE OF LEGISLATIVE RESEARCH 102.1. Defining Legislative Research 112.2. The Value and Relevance of Legislative research. 112.3. Other Types of Research 13

3. PRACTICAL STEPS TO DEFINE APPROACH AND RESEARCH METHODOLOGY 143.1. Definition of the scope of the research and of the questions to be addressed 153.2. Collection of Information 173.3. Evaluating Sources and Information 19

4. SYNTHESISING AND INTERPRETING DATA OR INFORMATION 214.1. Facts and Values. 234.2. Impact. 244.3. Statistical Analysis. 244.4. Tips for writing compelling and concise syntheses 254.5. Format for presenting your research findings 25

5. CHARACTERISTICS OF GOOD LEGISLATIVE RESEARCH 275.1. Empirical or systematic 285.2. Impartial 285.3. Clear and authoritative 285.4. Accessible 285.5. Timely 295.6. Relevant 295.7. Confidential 29

REFERENCES 30 ANNEXES 32


FOREWORDI have the pleasure to present to you the legislative Research Manual. This manual has been developed with the purpose of improving the process and quality of legislative research in the Parliament of Malawi in accordance with its three core functions; legislation, representation, and oversight. Particularly, the manual has been developed to assist persons who have little or no experience in Legislative Research as well as to provide reference and explanatory material to more sophisticated legislative researchers.

The development of the manual was informed and tailor structured to compliment other resources available in the Parliament of Malawi including: the Malawi Parliament Research Manual (2017); Guidelines for Executive Decision-Making of the Ma¬lawi Parliament (2016); the Attorney General’s Memorandum (1980); Standing Orders, Parliament of Malawi Bill Drafting and Analysis Manual (2019); Parliament of Malawi Guidelines for Evidence Use in Decision-Making (2016), various guides and reports on the conduct of Parliamentary business, as well as the overarching legal operational framework of Parliament (e.g. the Constitution of the Republic of Malawi, Parliamentary Service Act).

I hope that you will find this manual useful and that it will promote uniformity in style within the Research Section of the Parliament of Malawi and elsewhere in the Legislature.

Fiona Kalemba

Clerk of Parliament of Malawi


PREFACEThe need for legislative information and research, especially in a developing [and transitional] country like Malawi, is growing as policy-making processes become more complex, particularly in the context of globalization, regional integration and decentralization. Since the executive branch of governments generally has access to a larger pool of knowledge and expertise than the national legislature, there is a need to address the imbalance in access to knowledge among the Executive, Legislature and Judiciary in order to promote better quality policy-making. Better access to information and research can help empower legislatures to formulate and pass effective legislation and perform effective scrutiny of Government. This Manual supports these efforts by providing a framework to help improve the process and quality of legislative research in the Parliament of Malawi.

It is worth noting that the Manual cannot be fully comprehensive and is not a substitute to consulting detailed guidance on aspects of the institutional framework, legislative and financial processes, and statutory obligations within Parliament and with Government.

The Manual covers:

a) The Nature and Value of Legislative Research;

b) The Practical Steps to Define Approach and Research Methodology;

c) The Synthesizing and Interpreting Data or Information; and

d) The Characteristics of Good Legislative Research.

It is therefore hoped that the Manual will be used as a reference tool for technical staff in Parliament.

Mrs. Catherine Gotani Hara

Speaker of the Parliament of Malawi


ACKNOWLEDGEMENTSThe development of the Legislative Research Manual has been made possible through the leadership of the Parliament of Malawi, in collaboration with various partners and stakeholders. The Parliament of Malawi would like to acknowledge the technical input of the heads of sections and staff that comprised the core team which supported the development of the manual. The list of people who contributed to the development of the manual is attached in the Annex.

The development of this Manual was made possible through Parliament’s collaboration with the Malawi Par-liamentary Support Initiative (M-PSI), a year-long project implemented by the African Institute for Develop-ment Policy (AFIDEP). The Parliament of Malawi would like to thank AFIDEP for providing technical assistance in the development of the manual. The Parliament of Malawi would also like to extend its appreciation to all M-PSI partners who provided invaluable inputs into the development of the manual, including (Note: those applicable)

Finally, the development of this manual would not have been made possible without financial support from the United States Agency for Development (USAID) through the Counterpart International – Supporting the Efforts of Partners (STEPS) program. The Parliament of Malawi is greatly appreciative of the continued support in receives towards the fulfilment of its mandate.

8 Legislative Research Manual

1. INTRODUCTION1.1. Purpose of this Manual

This Legislative Research Manual provides a framework to help improve the process and quality of legislative research in the Parliament of Malawi so that it can execute its three roles of representation, legislation and oversight. The importance of legislative research cannot be over-emphasised. It is the only way that Parliament can get access to independent sources of information on issues before them. The purpose of the manual therefore, is to ensure that Members of Parliament (MPs) can use evidence to scrutinise Bills before them, they can use strong evidence to propose Bills, or suggest amendments to existing laws.

This manual is intended for use by Parliamentary staff and experts who provide technical research support services to Parliament since in Malawi, similar to the United Kingdom system, Parliament is the chief source of laws. The manual is also useful to MPs, committees of Parliament, researchers and to anyone dealing with legislative research, bill drafting and analysis.

The manual is not intended to be definitive or conclusive, but it provides the basics of how to conduct legislative research and can be enhanced and expanded upon to meet the differing needs of Parliamentary committees and departments. The conduct of legislative research can be influenced by political, economic, and ethical considerations as well as the sensitivity of the issues at hand. The process is also dependent on the amount of time available, how the research findings will be used, and the availability of information.

This manual, should be read in conjunction with other resources available at the Parliament of Malawi including: the Malawi Parliament Research Manual (2017); Guidelines for Executive Decision-Making of the Malawi Parliament (2016); the Attorney General Memorandum (1980); Standing Orders, Parliament of Malawi Bill Drafting and Analysis Manual (2019); Parliament of Malawi Guidelines for Evidence Use in Decision-Making (2016), various guides and reports on the conduct of Parliamentary business, as well as the overarching legal operational framework of Parliament (e.g. the Constitution of the Republic of Malawi, Parliamentary Service Act).

9Legislative Research Manual

1.2. Structure of this Manual

This manual is structured as follows:

• Nature and value of legislative research which provides a definition of and the relevance of legislative research as well as a distinction with other forms of research.

• Practical steps to define approach and research methodology which deals with the significance and scope of research, presents a variety of methodologies and an understanding of types and sources of information for legislative research.

• Synthesizing and interpreting data which addresses what and how information is synthesized as well as how to identify economic, social and political impacts.

• Characteristics of good legislative research which focuses on the elements which define good legislative research.



2. NATURE AND VALUE OF LEGISLATIVE RESEARCHThis section provides the background of legislative research. It starts by defining legislative research and also looks at its relevance as well as its rationale. The section also distinguishes legislative research from other forms of research.

2.1. Defining Legislative Research

Section 48(1) of the Constitution of Malawi vests all legislative powers to Parliament, which is defined as the National Assembly and the President, who is the Head of State (Section 49 of the Constitution).

Legislative research seeks to provide research and information services to guide the legislative decision-making process. The process is intended to provide MPs with unbiased analysis and independent sources of information for effective decision-making. In this manual, legislative research is a special type of study that uses mainly social science research methods including identification of the research question (or problem), research design and planning, data gathering, data analysis, interpretation, and communicating research findings. Uniquely, the legislative researcher needs to have creative and critical thinking skills, they must understand the law-making process, have an appreciation of the role of politics as well as understand the need to accommodate social and ethical considerations. The main outputs of legislative research are reports and a lay summary since MPs may not have time to read whole reports.

2.2. The Value and Relevance of Legislative research.

The parliamentary researcher has a role in ensuring that Parliamentarians have access to independent, relevant and timely information. MPs “need to have access to timely, up-to-date, accurate and well-researched information setting out the range of options available to them for effective decision-making” (World Bank, 2007). As noted above, the roles of Parliament are three-fold; representation, law-making and oversight. In the performance of all these three roles, Parliament needs to make evidence informed decisions. One of the best ways of ensuring that this is done is to provide the MPs with research evidence.

Legislative research stands out because of the elaborate and complex nature of the law-making process. Drafting legislation can be a complex exercise. It may involve drafting a completely


new law or drafting one that has bearings on existing law. Whichever is the case, there is a need for some preliminary research to be conducted to support the decision-making of MPs. Legislative research reports are also important as a historical record of why Parliament made certain decisions. The level and depth of the research will of course depend on the nature, complexity and subject matter of the Bill.

The Constitution of Malawi presumes that Parliament has the capacity to perform its various roles. Section 8 of the Constitution places the responsibility on Parliament to enact laws and ensure that in doing so, the deliberations in the National Assembly “reflect the interests of all the people of Malawi” in accordance with Constitutional values. The Constitution has also stated clearly the tenets upon which it is founded and Section 12(1)(a) states that:

All legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests.

The legislative function of Parliament requires that MPs review and make decisions on Bills (draft laws). Government Bills, initiated and introduced into the House by the Executive, are intended to meet the government’s programmes and priorities. It is Parliament’s function to scrutinise these Bills and here, the legislative researcher plays an important role by helping to provide independent evidence from research. Apart from receiving and considering Government Bills, Parliament also is mandated to receive and consider Private Members Bills (put forward by individual MPs) as well as Private Bills (put forward by an agency that is not part of the government and introduced to Parliament on behalf of that agency where the agency is mandated by an Act of Parliament to do so). Since there is a presumption that Parliament knows the law, it becomes essential that MPs receive credible information. The need for ensuring that MPs “receive a high level of support and assistance” has been noted in the National Assembly Strategic Plan (Parliament, 2016).1

Parliamentary researchers are a valuable resource to the parliamentary functions because their work improves the effectiveness of parliament by improving decision-making. Facts and analysis may contribute to a better understanding of problems and to more effective solutions to those problems. Legislative researchers may also help in supporting information exchange between parliamentarians and stakeholders to enable a better understanding of issues beyond parliament. The researcher’s role, in providing appropriate information to the parliamentarians, helps in improving the legitimacy of the parliamentary actions. Legislative research can also help new parliamentarians to get to grips with their work quickly, and parliamentary researchers themselves provide a collective memory and experience beyond the length of a parliament.

1 Malawi Parliament (2016) Guidelines for Executive Decision-Making


2.3. Other Types of Research

The differences between legislative research and other types of research such as academic research are mainly the focus and orientation of the research and not necessarily on the methods employed. Furthermore, within legislative research, there are nuanced distinctions between that intended to support decision-making on a Bill, and research carried out for the purposes of bill analysis and scrutiny, where the focus is on the effectiveness, impact and consequences of the Bill (see Section 5 of the Parliament of Malawi Guidelines for Bill Drafting and Analysis).

That said, all research types require problem-solving methodologies.

The table below illustrates the main differences between academic and legislative research:

Table 1: Legislative and Academic Research

Legislative research Academic researchSeeks to find solutions to instant legislative problems and issues

Seeks to add to a larger body of knowledge

Problems tend to be more practical and affecting constituents or the nation

Questions tend to be more conceptual

Organisationally focussed Theoretically focussedFindings are generally for use by Parliament and MPs

Findings are generally made public

Results are generally used internally to make legislative decisions and set up legislative strategy or policy.

Results generally spur ideas and questions for future research

Assessed by the client, typically Parliament or MPs

Assessed through peer review by means of academic discipline standards

Shared mainly through internal reports, summaries to reveal results. In more transparent Parliaments, reports may be shared more widely depending on the nature of the research and also the decisions of the client

Shared primarily through academic writings and other publications such as books

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3. PRACTICAL STEPS TO DEFINE APPROACH AND RESEARCH METHODOLOGYThe first thing required in legislative research is a clear identification of the research problem or question. It is also important that the legislative researcher understands the needs of the consumers of the research output Members of Parliament. The legislative researcher also needs to formulate the research design and define the scope as well as delineate the research boundaries. The researcher then needs to formulate a plan for data collection as well as how the data will be managed, analysed and interpreted. There are several ways of conducting legislative research but four steps are critical to this undertaking. These are:

(1) Definition of the scope of the research and of the questions to be addressed;

(2) Identification of the information needed, assessment of its availability, and collection of the information itself;

(3) Analysis and incorporation of the information collected; and

(4) Presentation of findings.

Where the research is relatively simple the process may easily follow the pattern set out in the preceding sentences. However, sometimes legislative research may involve complex issues where the researcher needs to adjust because of the challenges of time and availability of information on the topic. It is always important to keep in mind that there is usually some information available on most of the issues. It is therefore unusual that the researcher will start every research from scratch.

3.1. Definition of the scope of the research and of the questions to be addressed

The essential first step in legislative research is to define the problem or research questions that need to be answered. This depends on the nature of the assignment because some assignments are so specific that this step is easy while others are relatively broad, complex and not well defined. For instance, a research question on education might not be about whether this is good or not, but rather on weighing the cost and benefits of a policy change to free universal secondary education. Thus, the research will be focused on how much it will cost to provide free secondary education to every eligible child in the country, how the government will finance this, what the challenges of implementation will be, what the impact on the social and economic development of the country will be.

Legislative researchers can define the scope of the work by thinking about questions that


parliamentarians have or are likely to have on the subject of interest. So, for the example above, the researcher might also anticipate the questions of what is happening in neighbouring countries on the issue, how the proposal advances the rights in the Constitution and so on. Defining the scope of the research and the questions that need to be answered is critical because it will determine the work that is required to be done by the researcher, the information to be collected, the sources of information and final research output. The research outcome will depend on the researchers’ ability to understand what aspects of the assignment really matter to the MPs, to perceive the central issues, to frame researchable questions, and to limit the study so that it will be useful, manageable, and timely.

Often, defining a research question requires the researcher to find a specific researchable question, do some background work to find out what evidence already exists, look at the different options to address the question or problem. It might also be useful to refine the scope of the research by returning to the source of the request with clarifying questions, then look at other considerations such as political, social, and economic. It is always important to ensure that the question is clear enough.

The Researchable Question

From the general description of what evidence is needed, the researcher should clearly define the researchable question. For example, achieving “gender equality”, is a good issue to discuss in parliament but is not specific enough or researchable. However, a researchable question might be, “What is the evidence that legislation requiring 50:50 representation in every committee and boardroom in the country works to improve gender equality?” The researcher also needs to note the relationship that the identified question has with other relevant issues. In the 50:50 example, related issues might be general diversity of the committees or boards (e.g. religion, ethnicity, lay versus technical people etc.)

Background

The issues or questions that parliaments deal with are often not new. Legislative researchers are therefore advised to be conversant with the current evidence and definitions of ‘old’ policy issues. Describing the background and history of the current problem or research question includes indicating what government has done in the past in an attempt to address it and what parliament has said about it in the past. The political background of problems or questions is especially critical as parliamentarians operate to respond to the needs of their constituents and the needs of the country at large. Understanding the background of the problem might help to identify political considerations and explain why particular Bills developed the way they have. In addition, the researcher must determine the nature and form of the causes of the


issue or problem. It will help the researcher to realise that there are rarely single causes of social problems.

Range of Proposals (Options)

Often, there is more than one solution to a problem, and the legislative researcher has to appreciate all the views that have been put forward to address the issue or problem. It is important for legislative researchers to understand the government’s position on the problem and to some extent that of MPs and other sources of legislation. This includes any proposals that have been set forth to address the problem and the justifications for such proposals. The position of the government on the problem and justifications for the proposals can usually be found in the official statements accompanying the Bill or policy proposed.

At this stage, it is also important for the legislative researcher to consider alternative options to the problem or issue. These can include proposals put forward by various groupings including parliamentary caucuses, parliamentary committees and other interested parties such as civil society organisations (CSOs). In addition to explaining alternative proposals, the legislative researcher should further consider the cost of “doing nothing”, that is explaining what might happen if the proposed Bill is not passed or approved.

Other Considerations

At this stage the researcher must ask several questions on the issue relating to the likely consequences of implementing each alternative, how likely is each to achieve its purposes and whether there will be secondary effects and their likelihood. The legislative researcher must also keep in mind that new problems might arise because of the implementation of each option and these should properly be noted. In the context of legislative research, it is important to highlight the political implications of each alternative including the support or opposition each proposal is likely to generate. In this context, the researcher must suggest areas of compromise. The pros and cons of various positions including any dissenting positions may be highlighted.

3.2. Collection of Information

The research question determines the types of data that the researcher needs and the most appropriate sources and format of the data. The researcher has to be objective, yet selective in the information to be gathered. Objectivity is important so that there is balance in the evidence rather than a biased view. The researcher has to be selective because there is usually more broad information on a topic than can be effectively assimilated and used. Some of


this information may be irrelevant, biased, or both. The researcher must focus information collection efforts, and keep in mind the issues being addressed. It is advisable to keep in mind the MPs or committees who are the consumers of the research output.

There are two sources of information for legislative research, internal and external. Internal sources are sources that are within the legislative framework. This includes information generated by Parliament, including research reports, manuals and other legislative documents. It also includes previous Bills and Acts passed and any memorandum accompanying legislation. Parliament’s Research Section which falls under the Library, Research and Civil Education Division is the first point of call for internal sources.

External sources to Parliament include reports from government agencies, CSOs, consultancy reports, academic papers etc. Usually internal sources have already undergone prior vetting and validation and may be taken to be an accurate representation of the information they contain. On the other hand, external sources, depending on the source, may need triangulation and verification. With both sources of information, there is also a need to distinguish between primary (generated by the agency or individual) and secondary sources (second-hand). Ideally primary sources should be sought as they provide the most authoritative information on a subject. Secondary sources are a derivative source, usually comprising interpretations and analyses of primary sources.

The most effective means of collecting external source information may be through records from government ministries and departments, statutory corporations, the National Statistical Office, the National Archives. Depending on the question, it might also be useful to collect comparative data from neighbouring countries or countries with similar geographic and demographic characteristics to Malawi. Some notable sources of data include;

• The National Archives are a treasure trove of public information which have been in existence since 1947 in Zomba, originally as a regional branch of the then Central African Archives. It contains a lot of information that the legislative researcher may find useful and which may not be readily available in digital format or with other records keepers.

• The National Statistical Office (NSO) is the main government department responsible for the collection and dissemination of official statistics. The NSO’s Economics Division produces statistics on foreign trade, national accounts, balance of payments, business activity, employment, consumer prices (including inflation), industrial production, poverty and tourism. Major surveys include the Annual Economic Survey, the 5-yearly


• Integrated Household Survey, and Small and Medium Scale business surveys. NSO’s Demography Division is responsible for the population census, which takes place every ten years, and a number of other demographic and social surveys, such as the Demographic and Health Survey (DHS). NSO’s Agriculture Division conducts agricultural surveys, like the National Census of Agriculture and Livestock. Another survey conducted by the division is the Welfare Monitoring Surveys (WMS).

• Secondary sources can also be useful. These may include libraries of Non-Governmental Organisations (NGOs), and the internet, web sites, telephone calls or letters. The World Bank website and USAID-funded sites such as Statcompiler (https://www.statcompiler.com/en/) provide really useful national and sub-national social, economic, governance, and demography data.

• There is also need to undertake comparative research and use sources from other jurisdictions both within and outside the region, especially those which are similarly sized and have the same characteristics like Malawi, such as being landlocked, among others. For instance, in assessing whether 50:50 representation in committees and boardrooms improve gender equality, it might be useful to collect comparative evidence from Ethiopia where such a policy is being implemented in the executive arm of government.

3.3. Evaluating Sources and Information

There is need for healthy skepticism about information, that is, testing the information that has been collected. The information may contain errors which can occur inadvertently in any human enterprise or due to misinformation. In evaluating the information and the sources of such information, the legislative researcher needs to keep the following points in mind:

• Who provided the information? Are they associated with a particular point of view or special interest? Is the information they provided free of bias? If the information is based on sampling, is the sample design suitable for your purposes?

• Does the information come from a primary source? That is, did the source itself generate the data, or is the source merely reporting data or summarizing information collected or compiled by others? If the source is secondary, it may be worthwhile to get the information from the primary source to avoid reporting errors or “interpretations” that may reflect the biases of the secondary source.


• Is the information hearsay? This can be a special problem when dealing with political information from those who support or oppose proposals being researched. A researcher must always try to corroborate such information.

• The researcher must also be careful with information provided by organizations that have policy positions on the matter being researched. The researcher must compare that information to information provided by other specialized experts. There is need for caution in the use of uncorroborated “expert” information.

• Also, caution needs to be exercised when it comes to internet sources—the researcher needs to triangulate the source by using other credible sources as a means of validating the information.



4. SYNTHESISING AND INTERPRETING DATA OR INFORMATIONThere are various ways to synthesise information as there are purposes for legislative research as noted above. Determining the appropriate way to analyse the information collected during research requires that the researcher keeps in mind the kind of information that is available and the kind of answers needed to the questions the researcher is trying to answer. It is important to synthesise information because with multiple sources you can:

• Provide more than one opinion;

• Validate other sources;

• Validate your research;

• Defend your research and

• Increase your understanding

Synthesis of information should be done systematically (though not necessarily like a Cochrane systematic review). Often this review must be done rapidly, but objectively with adequate information provided on how the synthesis was conducted (See the Parliament of Malawi Guidelines for Evidence Use in Decision-Making (2016)).


The table below shows the differences between summarising and synthesising (Eaton 2010).

Table 2: Differences between a Summary and Synthesis

Summary SynthesisBasic reading technique. Advanced reading technique- applies critical analysis

for deeper meaning, nuances, limitations and strengths especially in relation to the way the study was designed and the data gathering methods.

Pulls together information in order to highlight the important points.

You pull together information not only to highlight the important points, but to draw attention to emergent themes, an analysis based on your understanding, and your own conclusions.

Re-iterates the information. Combines and contrasts information from different sources.Shows what the original authors wrote. Not only reflects your knowledge about what the original

authors wrote, but also creates something new out of two or more pieces of writing.

Addresses one set of information (e.g. article, chapter, and document) at a time. Each source remains distinct.

Combines parts and elements from a variety of sources into a unified entity.

Presents a cursory overview. Focuses on both main ideas and details. Demonstrates an understanding of the overall meaning.

Achieves new insight.

It is necessary to remember that analysis is not something that begins after all the necessary information is collected. It begins as soon as the researcher starts thinking about the research assignment. This analysis continues as the researcher proceeds to identify the kinds of information needed and assess the information being collected.

During research using the approaches outlined above, the researcher will need to constantly consider the following:

4.1. Facts and Values

Ascertaining the facts of the issue or problem is the first step. Once these facts are ascertained, the researcher needs to ask him or herself whether the situation, problem, or issue is concretely defined; or it is amorphous? There may be occasions when all those involved do not agree on the central facts. This may call for the researcher to determine the extent of the disagreement. In doing so, the researcher must satisfy himself or herself that the disagreement over facts is

really not a disagreement about values. The question to be asked then becomes whether different options derive from different sets of facts or from different value judgements? In doing


this the researcher must be aware that different values may lead to disputes about factual information which can discredit otherwise robust information.

Precedents or Analogies.

Research on parliamentary problems or situations that are in some way similar to the problem or situation one is addressing can sometimes serve as a model to be emulated or avoided in your own work. There is need to be on the lookout for such situations by asking a number of questions. How are they similar? How are they different? What analyses were conducted to illuminate those situations? What lessons can be drawn from the earlier experience?

4.2. Impact.

The impact of a proposed Bill can be analysed at various levels of sophistication, depending on

one’s needs. Impact is not just about numbers (e.g. dollars saved, lives saved, but also includes intangible aspects such as wellbeing of people, happiness, emotional satisfaction, unity, and so on). The central questions in assessing impact are two:

• Who would benefit either directly or indirectly? • Who would bear the costs?

Other questions of impact will depend upon the nature of the topic one is researching. Also, it is important to note that long term consequences may differ greatly from immediate effects and the researcher needs to point out both types of impact.

4.3. Statistical Analysis

If quantitative data is analysed, the researcher may need to call upon analysts with specialised statistical skills for assistance if he/she does not have these skills. However, most legislative researchers will have some knowledge of how to interpret frequencies, percentage distributions, trend data etc. Special training is also helpful if the data that will be used comes from complex sample surveys such as the Integrated Household Surveys and Demographic and Health Surveys. Understanding such things as sample design and the research methods used to collect the data is important as these can directly affect the extent of generalisability of the survey results and may have important implications for making legislative policy decisions.


4.4. Tips for writing compelling and concise syntheses

Present an evidence-based message by using information objectively.

Where possible, complement quantitative with qualitative evidence and vice-versa, i.e. using statistics as well as stories.

Keep your message simple by unpacking complex issues into simple messages. Simplify complex evidence using everyday English rather than technical jargon.

Present your results in a clear and concise manner, remembering that your object is to communicate.

Keep your message short by:

o Focusing on the policy problemo Presenting only main findings/points o Presenting alternative options and the implication of each option

Table 4, below gives examples of complex versus simplified messages.

Table 3: Complex and Simple messages

Complex vs Simple58% of Malawians cannot afford private schooling

OR Nearly 6 in ten Malawians cannot afford private schooling

There is a positive correlation between the level of education and the number of times a woman attends antenatal care clinics; the correlation is especially significant for women who have attained secondary school education and above.

OR Education helps improve the health of mothers; women with secondary school education or higher are more likely to seek care during pregnancy than women with lower levels of education.

4.5. Format for presenting your research findings

Table 5 below provides a possible format for presenting your synthesis. Essentially, the synthesis should include: Introduction (background to the policy issue), Methods (brief indication of how information was collected and mention of key document/research you drew from), Policy Options (critical analysis of the potential policy options for tackling the issue drawn from the information that you found and conclusions) and the implication(s) of each policy option.


Table 4: Outline of a Research report

Component Description1. Executive Summary This should be a summary of the report and it must introduce the subject, specify

the methods or approach used, give main findings, provide a conclusion and recommendations. A general guide is to limit this to no more than one page.

2. Introduction (Background) A clear statement of the problem or issue.

A short overview of the root causes of the problem.

A clear statement of the policy implications of the problem that clearly establishes the current importance and policy relevance of the issue.

3. Methods A brief highlight of how you gathered the information that you’re presenting in the synthesis.

It can also list some of the key research documents that you reviewed, e.g. a list of the 5 recent systematic reviews that read.

4. Policy Options A critical overview of the policy options, including the current and proposed options

Should explain why current option is failing, and present other potential policy options.

A critical presentation of your evidence on how the policy issue should be tackled.5. Policy Implication(s) Elaborate on the implication(s) of each of the policy options including the cost

element as well as implications on similar or related policies. 6. References Lists all the references used in your synthesis



5. CHARACTERISTICS OF GOOD LEGISLATIVE RESEARCHThe attributes of legislative research have an important role in promoting or undermining the usefulness of its evidence. Good legislative research “should be precise and effective in achieving the intended outcomes, yet unambiguous and simple to understand” (Aitken, 2013). The attributes of a good legislative research include, but are not limited to,

5.1. Empirical or systematic

It must be based on empirical evidence and should have a logical flow based on clearly laid procedures and principles. Its empirical attribute means it can be replicated by others, and that the conclusions are based on verifiable findings. Alternatively, the evidence can be a synthesis of existing research which should be undertaken systematically.

5.2. Impartial

Parliamentarians are faced with information from a large number of stakeholders with often predetermined viewpoints. Parliamentarians need to be assured that your research is politically impartial.

5.3. Clear and authoritative

Parliamentarians cannot be experts on everything, but they are expected to have a view on almost any subject and they are often required to give those views at short notice. They also have to scrutinise complex legislative documents and to evaluate the performance of government on topics on which they may have no prior knowledge. The researcher needs to fill the gaps between what Parliamentarians know and what they need to know. The researcher should write with non-experts in mind using clear language, avoiding technical jargon. The legislative researcher in Parliament may be the only and final source of information and so, he or she must use the most authoritative evidence available.

5.4. Accessible

Parliamentarians are often time-constrained due to their exceptionally challenging workloads. Despite this, MPs are still expected to make informed decisions by synthesising complex and

technical information. Occasionally MPs will require longer in-depth briefings, but most often research outputs should be succinct, focused on the most important issues and easy to navigate.

5.5. Timely

Parliamentarians often need research within very demanding deadlines. The researcher needs to anticipate the research needs of Parliament so that information is ready in advance where possible. In some cases, the researcher might be required to be expert at finding information and producing briefings at very short notice.

5.6. Relevant

Parliamentarians have a unique representation, legislative and scrutiny role. Any briefing should be designed specifically to support them in being effective in their work.

5.7. Confidential

Parliamentarians may be unable to openly conduct their own research, or they may need information for confidential discussions. Depending on the rules that are applicable, the researcher should preserve confidentiality on behalf of parliamentarians, and certainly not disclose issues outside parliament except through formal channels.

REFERENCES Attorney General’s Memorandum (1980) “Procedure for Obtaining Legal Advice and for the Preparation, Publication and Passing of Proposed Legislation” (Ref. No. C.343/40 of 30th December, 1980.

CRS Report for Congress <https://crsreports.congress.gov/>22 April 2019.

Guide 2 Research (2014) ‘Top 10 Qualities of Good Academic Research’ <http://www.guide2research.com/tutorials/top-10-qualities-of-good-academic-research>. 6 June 2019.

House of Common (UK) 2017 Parliamentary Research Handbook. London.

National Committee for Research Ethics in Norway (2006). Guidelines for Research Ethics in the Social Sciences, Law and the Humanities. Accessed at: http://www.etikkom.no/English/NESH/guidelines on 12th June 2019.

Parliament of Malawi (2017) Research Manual

Parliament of Malawi (2016) Guidelines for Executive Decision-Making

Parliament of Malawi (2013) Standing Orders (adopted on 5th November 2013)

Powell, R. R. (2006). Evaluation research: An overview. Library trends, 55(1), 102-120.

Sarah Elaine Eaton (2010) ‘Reading strategies: Differences between summarizing and synthesizing’ <https://drsaraheaton.wordpress.com/2010/09/29/reading-strategies-differneces-between-summarizing-and-synthesizing/>. 6 June 2019.

The Constitution of the Republic of Malawi

World Bank (2007) Research Services For Parliamentary Committees <http://siteresources.worldbank.org/PSGLP/Resources/CommitteesUnit4.pdf>. 6 June 2019.

Victoria E. Aitken (2013) ‘An exposition of legislative quality and its relevance for effective development’ Accessed at <https://www.luc.edu/media/lucedu/prolaw/documents/AITKEN%20FINAL%20ARTICLE.pdf>. 6 June 2013.

ANNEX 1List of People who contributed to the development of the Legislative Research Manual

Name DesignationProf. Nyovani Madise Director of Research and Development Policy and Head of Malawi Office

– AFIDEP Dr. Nurudeen Alhassan Senior Knowledge Translation Scientist – AFIDEP Salim Ahmed Mapila Knowledge Translation Officer – AFIDEP Dr. Sunduzwayo Madise Consultant and Dean of the Faculty of Law – UNIMALovemore Nyongo Controller of Planning Services - ParliamentGibson Kanyerere Policy and Planning Officer – Parliament Velia Manyonga Deputy Director for Research, Library and Civic Education – Parliament.Leornard Tilingamawa Principal Research Officer – Parliament Kondwani Chikafa Principal Research Officer – ParliamentDebora Mangulama Research Officer – Parliament Maria Chibwe Research Officer – Parliament

Documents

LEGISLATIVE RESEARCH MANUAL