Tag: Legislative Process

As promised in my post A cabinet that looks like Canada, this week I am going to take a closer look at the Liberal Government’s quite modest promises as regards to parliamentary reform as listed in their platform document. Taking them one at a time they are (in shortened form):-

“Strengthen the role of parliamentary committee chairs, including elections by secret ballot. Ensure a more robust system of oversight and review for legislation.”

This one bothers me a little given that committee chairs already have considerable power over the way such meetings are conducted and can, as we have seen in recent years, use procedural actions to disrupt open discussion should they wish to. They need to be more open and accountable with rules established to ensure such partisan or personal biases cannot substantially effect discussions not more power over the process. I am not at all sure what “ a more robust system of oversight and review for legislation” means, reviewing proposed legislation is after all THE function of committees. Government House Leader Dominic Leblanc says House committees should be independent from government with non-partisan chairs and possibly no parliamentary secretary members. As with all things the devil is in the details, this one is a wait and see item.

“Liberal Caucus members will only be required to vote with the Cabinet on those matters that implement the Liberal electoral platform or traditional confidence matters…..”

Whilst more ‘free’ votes are highly desirable I am not sure that this actually promises that, in the short term at least most, if not all legislation could be said to “implement the Liberal electoral platform”. No MP should be “required to vote” in any particular manner, naturally those who disagree with their own party’s legislation and vote against it may face some kind of ‘disciplinary’ action from the party but telling an MP how to vote is wrong and antidemocratic. The ONLY vote that could result in a minority government falling should be one that specifically says “This house has no confidence in thus ‘whipping’ the vote would be unnecessary…..”

“Create a new, nonpartisan, merit-based, broad, and diverse process to advise the Prime Minister on Senate appointments.”

We do not know at this point what this “process” will be however given the restrictions placed upon the PM by the constitution, and if he truly wants to make the Senate the non partisan chamber of ‘sober second thought’ then taking advice, or even better, candidate recommendations from outside government is the only alternative. I have said before that given that Senators are meant to be representative of the province in which they reside that it seems appropriate that said provinces should be able to propose at least some of those candidates. Once again this is a wait and see what the ‘process’ involves but is far better than proposing reforms that involve opening up the constitution in a long and potentially divisive process..

“Work with all parties in the House of Commons to ensure an inclusive, representative, transparent, and accountable process to advise on appointments to the Supreme Court.”

It is my understanding that such a process was already in place, it is just that the previous PM chose to ignore such processes.

“Introduce a Prime Minister’s Question Period, empower the Speaker to challenge and sanction Members during Question Period.”

The PM is supposed to be one amongst equals, is having a special question period just for him reinforcing the perception that he and he alone is responsible for policy? I agree that the speaker should have more power to enforce members to behave and to answer actual questions put, not go off on some unrelated time passing distraction. Good luck with that.

“Change parliamentary financial processes, ensuring accounting consistency among the Estimates and the Public Accounts, providing costing analysis for each
government bill and restoring the requirement that the government’s borrowing plans
receive Parliament’s pre-approval.”

Duh!

“Ensure that all of the Officers of Parliament – the Chief Electoral Officer, the Access to Information Commissioner, the Auditor General, the Parliamentary Budget Officer etc, etc, are all properly funded and respected for doing their important work to help Canadians.”

We have seen during the last governments tenure that when you cant get rid of an officer whos reports you don’t like the next best thing is to cut their funding. We hope that they all do get sufficient funding restored to do their job effectively but must ask if there is a way to ensure that future governments cannot silence these officers by such methods.

“Not use prorogation to avoid difficult political circumstances, change the House of Commons Standing Orders to end the practice of using omnibus bills to reduce scrutiny
prevent future governments from using this method to silence critical reports.’

Both of these promises are a very good start and we hope that they can indeed “prevent future governments (and their own) from using omnibus bills“ although how you ‘lock in’ such rules to prevent future governments from changing them back and what penalties can be put in place to prevent the rules being ignored is questionable. All the rules around prorogation, forming coalitions upon the defeat of a minority government, and similar constitutional matters need to be clarified, particularly if electoral reform takes place that results in a greater probability of more minority’s being elected.

The above is almost identical to the ‘list’ proposed by Ms May of the Greens as presented in the post Fixing What Harper Broke where she says “Ideally, a parliamentary committee will be mandated to review the abuses of the last ten years and recommend a full suite of measures to ensure it never happens again.“ There is the rub, any incoming government can seemingly come in and change the rules (or ignore them) as most are not enshrined in law, but for a few citizens invoking constitutional challenges it could have been much worse.
As we have seen in recent years the rules around prorogation, minority and coalition governments and even House proceedings are easily abused, and how and when such constitutional maneuverings can take place is far from clear and governed more by ‘tradition’ than any hard and fast rules or guidelines. Such things need to be formally documented to avoid future ‘constitutional crises’. With the House setting its own rules this is not an easy task, we wish the new Liberal government well with these changes and await the recall of the House to see exactly how much the ‘tone’ and substance of the proceeding will change under what we hope and expect to be a more open and respectful leadership.

As promised in my post A cabinet that looks like Canada, this week I am going to take a closer look at the Liberal Government’s quite modest promises as regards to parliamentary reform as listed in their platform document. Taking them one at a time t…