File n° 49 

I. –  Parliamentary Office for Scientific
 and Technological Assessment (opecst)

By unanimously passing the law of July 8, 1983, which set up the Parliamentary Office for Scientific and Technological Assessment (OPECST), Parliament created its own assessment and expertise body, whose remit covers all questions linked to scientific progress and hi tech developments.

The Office is drawn from both the National Assembly and the Senate and is composed of 18 M.P.s and 18 Senators who are appointed so as to ensure proportional representation of the political groups. The Chairman and the First Deputy Chairman cannot be members of the same assembly. It is assisted by a Scientific Council made up of 24 leading figures chosen by the Office on account of their expertise. This Council is convened by the Chairman when deemed necessary.

Its brief, as defined by law, is “to inform Parliament of the consequences of the choice of scientific and technological options, in particular, so as to enable it to make enlightened decisions”. To do this it “collects information, sets up study programmes and carries out assessments”.

Matters may be referred to it by the Bureau of the assemblies (upon its own initiative, upon the initiative of the chairman of a political group or upon the request of 60 M.P.s or 40 Senators) or by a committee.

Once a matter has been referred to it, the Office appoints from amongst its members, one or more rapporteurs who draw up a feasibility study. On this base the Office decides to launch – or not – the study on the matter referred to it. The rapporteurs do most of the research: they can set up a working group or “steering committee” made up of non-parliamentarians, organise hearings (some open to the public and the press) and missions in France or abroad. The law of July 8, 1993 gave them the same powers as the finance special rapporteurs, and defined the conditions in which the Office can be granted the some powers as the committees of inquiry.

The information is gathered and analysed by the rapporteurs in reports. The Office examines them and decides if they will be published.

In addition, the Office’s brief has been broadened by several laws, to include the assessment of the implementation of such laws, thus extending the original 1983 referral (for instance, the laws of 1994 and 2004 on bioethics, the law of 1998 on the strengthening of the health watch programme, the programme law of 2006 on the sustainable management of nuclear materials and waste).

Since its creation, it has published 90 reports, on extremely varied topics: the last referrals concerned the Assessment of Seismic Risks, the Production of Pollutants by Mass Consumption Products, the Assessment of Halieuetical Resources, Research in Polar Zones, Space Policy, the Management of Nuclear Materials and Waste, the Working of Human Cells and Sustainable Development. Up until now, referrals by the Bureaux of the two assemblies are as numerous as referrals by the standing committees. The practice of co-rapporteurs is quite common: around 30 referrals have been given over to 2 rapporteurs, of which 15 to one M.P. and one Senator.

Moreover, the Office organises more and more open public hearings with the press in attendance, in order to bring together different points of view on topical problems. This practice started in 1997 with a one-day seminar on the “information society”, and has enabled the discussion of various topics, such as the 2003 legionnaire’s disease crisis, international control of the internet,  scientific expertise, the London Protocol on European patents or the effects of electromagnetic pollution on the functioning of medical devices.

The Office also provides a follow-up to the questions referred to it and to the implementation of its recommendations. It has thus made public several reports on nuclear safety and security, a theme regularly referred to it. Public hearings also enable the Office to review the developments which have occurred since the publication of a report. For instance in 2006 and 2007, it organised public hearings on biometrics, nanotechnologies and tuberculosis.

Lastly, the Office has opened up towards the outside world. It has established privileged links with the scientific sector, organising “field trips” to laboratories or research centres or setting up in 2005 a partnership with the Academy of Sciences. It is also a member of a European network called European Parliamentary Technology Assessment (EPTA) and develops relations with foreign Parliaments and bodies.

II. – the Parliamentary Office for the assessment of legislation

The Parliamentary Office for the Assessment of Legislation was set up upon the initiative of Parliament and is to be viewed in the framework of a desire to renew the work of Parliament.

The law of June 14, 1996 defines its remit as “being in charge, without taking away from the remit of the standing committees, of the gathering of information and the carrying-out of studies to assess the appropriateness of legislation to the situations it is intended to regulate. The Office also has a brief to simplify legislation”.

It is composed of two delegations, one drawn from the National Assembly and the other from the Senate. Each of the delegations of the Office is made up of the Chairman of the Law Committee, a member of each of the standing committees, members as of right, and eight members appointed by the political groups to ensure their proportional representation.

The Office has a rotating chairmanship, alternating for one year, between the Chairmen of the Law Committees of each assembly.

Matters are referred to it by the Bureau of one or other of the assemblies, either upon its own initiative, or upon the request of the chairman of a political group or of a standing or ad hoc committee.

For the moment, it has published three reports. The first of these, in May 1999, was on “The Exercise of Civil Action by Associations”, the second, in December 2001, dealt with “Legislation Applicable in the Fields of the Prevention and Treatment of Company Difficulties”, whilst the latest, in June 2006, examined “Independent Administrative Authorities, the Assessment of an Unidentified Legal Object”.

III. –  the parliamentary Office for the assessment of health policy

The Parliamentary Office for the Assessment of Health Policy (OPEPS), was set up by the social security finance law for 2003 (law n° 2002-1487 of December 20, 2002). Its remit is to inform Parliament of the consequences of choices in the field of public health, so as to enable it to make enlightened decisions. To do this, it gathers information, sets up study programmes and carries out assessments.

The Office is composed of the chairmen of the committees from the National Assembly and the Senate in charge of social affairs and the rapporteurs of these committees responsible for health insurance in the framework of the laws governing the financing of social security, all members as of right. In addition, there are ten M.P.s and ten Senators, appointed so as to ensure, within each assembly, the proportional representation of each political group. This makes a total of 24 members. The M.P.s are appointed at the beginning of each Parliament and the Senators after each partial renewal of the Senate.

The Office is chaired alternately, for one year, by the chairmen of the two committees of the National Assembly or the Senate.

It is aided by a Council of Experts which is made up of six leading figures chosen for three years on account of their expertise in the field of public health.

Matters may be referred to the Office :

― either by the Bureau of one of the two assemblies, on its own initiative, upon the request of the chairman of a political group or that of 60 M.P.s or 40 Senators ;

― or by an ad hoc or standing committee.

The office has already dealt with six studies:

― The screening of breast cancer ;

― The prevention of child handicaps;

― Alzheimer’s disease and associated illnesses ;

― Nutrition and the prevention of obesity ;

― The correct use of psychotropic drugs ;

― The fight against nosocomial infections.