QP: Begun, this 43rd Parliament has

The first Question Period of the 43rd Parliament just happened to be on a Friday, and for the first time in my memory, all of the leaders were present. The PM at Friday QP? Unheard of! And yet, here we are. Andrew Scheer led off in French, mini-lectern reliably on his desk, and he raised this morning’s job numbers and the 71,000 reported job losses, calling it a “crisis.” Justin Trudeau, without script, told him that their plan was about creating jobs and investing. Scheer tried again in English, and Trudeau made points particularly related to the jobs created by the construction of the Trans Mountain pipeline. Scheer insisted that other countries were increasing investments in natural resources, and Trudeau reminded him that blaming foreign activists didn’t get pipelines built. Scheer said that of all the divisions in the country that Trudeau allegedly created, he stated that provincial premiers were united in opposition to Bill C-69, and Trudeau reminded him that the previous Harper environmental regime didn’t work and singled out two projects that continue to face delays. Scheer then worried about a vote around Israel at the UN that he called “anti-Israel,” to which Trudeau took up a script to reiterate the country’s support for Israel. Yves-François Blanchet was up for his federal debut to worry that the government ignored the call by premiers to increase health transfers to the provinces. Trudeau responded that they had committed to some increases related to getting people family doctors and implementing pharmacare. Blanchet then demanded that provincial environmental assessments get priority over federal ones, to which Trudeau spoke about partnerships on the environment. Jagmeet Singh led off for the NDP, and concern trolled that the prime minister was not brave enough to stand up to pharmaceutical companies and implement pharmacare. Trudeau, without notes, said that they were committed to pharmacare but it was an area of provincial jurisdiction and needed negotiation. Switching between English and French in the same question, Singh demanded the government stop taking Indigenous children to court, and Trudeau assured him they were committed to compensation.

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Roundup: Promising a tax cut

The day’s campaign began even before the day did, as Andrew Scheer assembled the reporters on his red-eye flight to Vancouver to tell them that he wasn’t going to re-vet candidates, and that he would accept their apologies for past statements (be they racists, misogynistic, homophobic, or what have you), with some wiggle-room for context. Essentially, his way of trying to head off the drip-drip-drip of future revelations that the Liberals will keep dragging out with every riding he visits. He also went on to slam the New NAFTA agreement and claimed he could have gotten a better deal (which presupposes that Donald Trump is a rational actor – when he’s not), but said he’d still ratify it anyway if he forms government.

In the morning, Scheer went to a suburban home in Surrey to stage an announcement about a promise to cut the lowest tax rate over the course of three years, which would have the effect of returning between $8 and $10 per week on most paycheques (a level probably too low for people to notice according to the research). Note that for a leader who is concerned about balancing the budget and who insists he won’t make massive cuts – and who says he can achieve balance by restricting new spending – he’s just announced a fairly large bite out of future revenues that would balance the budget. (For a good breakdown of the announcement, here’s a thread by Lindsay Tedds). In questions after the announcement, Scheer refused to address the apparent hypocrisy of demanding Trudeau dump candidates while he would accept an apology from his own, and he also refused to offer an apology for his 2005 statements on same-sex marriage.

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Jagmeet Singh launched his “vision for Quebec,” which promised a final say on projects like pipelines crossing the province, money for immigration integration services (remembering this time that the province is demanding fewer immigrants in spite of their labour shortage), additional influence over trade deals (a sop to the Supply Management sector). Singh also started going on about Quebec being “forced” into a marriage with Canada under the constitution and wanted Quebec to be able to sign onto the constitution “under acceptable terms” (which holy cow is a loaded statement and ignorant of history).

Trudeau spent the day largely on the road, with a whistle stop in Coburg, before attending the Bianca Andreescu “She The North” rally in Mississauga in his capacity as prime minister – where he praised Andreescu and her parents in a very non-partisan manner. He ended the day with a rally at the Mid-Autumn Festival in Markham, where his fairly short stump-speech (wherein he again repeated the somewhat misleading line that Conservatives cut taxes to the wealthy – they didn’t so much as offered tax credits that disproportionately benefitted the wealthy, but that’s not the same as a tax cut) was peppered with specific Festival references.

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Roundup: Agenda-setting out of the gate

With the proclamation signed by the Governor General to dissolve parliament, the 43rdgeneral election started, with Justin Trudeau emerging from Rideau Hall to have a ready-made human backdrop assembled for him. After a mention of the anniversary of 9/11, he launched into his election pitch about the record of economic growth because they rejected the austerity of the Conservative years, and yay Middle Class™ And Those Working Hard To Join It®. He listed accomplishments, and the choice of investing in Canadians, and the choice to move forward or go back to the “Harper years.” The questions afterward were dominated by two themes – the latest SNC-Lavalin news from the Globe and Mail, and Bill 21 in Quebec, and the linguistic duality on the two questions was quite evident. On the former, Trudeau simply said that he trusted the Clerk of the Privy Council’s judgment with regard to the cabinet confidences, and on the latter, he said that he opposed the bill but that now wasn’t the time for the federal government to interfere legally.

Jagmeet Singh held his launch minutes later in London, Ontario – one of the regions where they are looking to save the seats they have. Singh spoke about his personal connection to London, as he lived there when he attended Western, then launched into the tales of woe he heard from people there about pharmacare and healthcare costs – and lo, he has a pitch about expanding coverage around them. He then said that what his party had was the “courage” to take on lobbyists, corporations, money launderers, speculators, Big telecom, big polluters, and “fossil fuel subsidies” – a long list to be sure. He then moved on to claiming that “Trudeau charmed us with pretty words and empty promises”, and that Scheer was not the answer, then turned to the human backdrop and said “These are the people I’m in it for.” Like his slogan. In the questions, he was asked a local question about the General Dynamics plant which is building those LAVs going to Saudi Arabia, and have basically saved the local economy. Singh insisted that they could still have those jobs selling equipment to the Canadian Forces and to “non-oppressive regimes.” Err, except they have their own local suppliers, so he clearly has no idea what he’s referring to.

The Bloc’s launch in Quebec City was largely a laundry lists of exaggerated grievances and talk of a renewed Quebec nationalism, and one of the phrases that leapt out at me was talking about “people who will be like you,” which seems like a dog whistle, but perhaps it was a translation issue.

Next up was Elizabeth may in Victoria, where she brought local “climate striking” children on stage, and then launched into a speech about holding the line on climate change, decrying the Trans Mountain pipeline, and touting her “Mission: Possible” climate plan. She also demanded that parties “jettison partisanship” to solve climate change – never mind that she herself is partisan, and it’s become a Green tendency to pretend that sanctimony is non-partisanship. When faced with questions about vote splitting, she asserted that “Greens don’t split votes, Greens grow votes,” and when pressed about Pierre Nantel’s declaration of separatist sentiments, she prevaricated and assured us that “we’re all Earthlings.”

Finally we had Andrew Scheer, from Trois-Rivières, Quebec – one of those seats he’d love to gain. His 9/11 mentions included the plot of Come From Away as an example of why he loves the country. Using the Harper-esque prefacing of all statements with “friends,” his pitch was that it was time to elect a government that would elect a party that would improve peoples’ daily lives, while he claimed that Trudeau would raise their taxes (err, except that the record is the opposite). And then it was a laundry list of lies and disingenuous framing of issues, hammering on the Globe story about SNC-Lavalin – again, exaggerating what the story actually said. His message to Trudeau was that “starting today, recess is over” – part of his constant attempts to infantilising Trudeau (remember the constant claims that Trudeau is busy colouring in the House of Commons, or that he “wrote” a colouring book). For his Quebec audience, he added a few references about “open federalism” and Quebec being a nation within Canada, while slamming the Bloc as being ineffective in Ottawa.

This all having been said, I did want to touch on that Globe and Mail story for one other aspect, which is the fact that they deliberately published the story about “sources saying” the RCMP has been asking questions about “possible obstruction of justice” in the SNC-Lavalin case – which is not an investigation – on the eve of the election, because they are trying to set the agenda. Which isn’t to say that we shouldn’t ask these questions, but agenda-setting – particularly where your stories are thinly sourced and with torqued headlines that give a misleading impression of what the story actually says – is of dubious ethical practice, and it’s something we should be cognisant of and think critically about.

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Roundup: Predictable drama, unpredictable overreach

The outcome of yesterday’s “emergency” meeting of the Commons ethics committee was not unexpected – that the Liberal majority on the committee declined to pursue the matter, and it would go no further, while the Conservatives and NDP wailed and gnashed their teeth to the assembled media outside of the room, ensuring that their media luminaries like Lisa Raitt and Pierre Poilievre were there for the cameras instead of their regular committee members. Also predictable was Elizabeth May’s moral preening that she wanted this to be “non-partisan,” which was never going to happen. It was not unexpected that “maverick” Liberal Nathaniel Erskine- Smith would stand apart and vote to hear from the Commissioner – albeit for different reasons than the Conservatives wanted, which for Erskine-Smith was to get answers as to his thinking because Erskine-Smith is in the camp that the Commissioner got the law wrong (and he’s a lawyer, so he’s perhaps better equipped for this kind of statutory interpretation than some other critics).

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But there was one completely bonkers event that happened that should be alarming for everyone involved, which was when Lisa Raitt moved a motion to have the committee summon journalist Aaron Wherry in order to get his notes and interviews with Trudeau for his newly released book, because Raitt claims that Trudeau breached Cabinet confidence in how he detailed his meetings with Jody Wilson-Raybould. First of all, the notion that he can breach Cabinet confidence is absurd because he’s the prime minister – he can pretty much determine what he wants to keep confidential; and secondly, summoning a journalist to testify at committee is a very, very bad and stupid thing, and it’s utterly mind-boggling that Raitt didn’t see this. It’s even more egregious that Peter Kent, former journalist (and now profligate conspiracy theory monger) voted in favour of Raitt’s motion. Fortunately, the NDP had enough sense to distance themselves from this huge overreach, but it’s galling that she would even propose it in the first place. (Also ridiculous is this notion that there is some kind of criminal obstruction of justice at play, but that’s also the narrative that they’re putting forward as they performatively demand that the RCMP investigate – because calling on the RCMP to investigate your political rivals isn’t totally a banana republic move). Politics and playing to the cameras can make MPs do dumb things, but this was alarming in how far they were willing to take this to score points.

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Meanwhile, Chantal Hébert reads the polls to see that the Commissioner’s report hasn’t really hurt the Liberals, meaning that pursuing this has diminishing returns for the Conservatives, and she parses what that could mean in the weeks ahead.

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Roundup: Unserious knee-jerk suggestions

As expected, some of the sillier suggestions for avoiding future SNC-Lavalin-type Affairs have started cropping up, and yesterday, Policy Options hosted one from the head of the Canadian Taxpayers Federation. His suggestions? Splitting the role of Attorney General and Justice Minister, and to ban omnibus bills.

On the former, it’s clear that he didn’t actually read the McLellan report beyond the headlines, because he would have seen – as Paul Wells pointed out so ably in his own piece – that the guidelines that McLellan puts forward in the report would have prevented this whole sordid affair before it got off the ground. (Side note: It may not have prevented Jody Wilson-Raybould from being shuffled, given the lack of competence she had demonstrated in the role overall, and Scott Brison was going to retire regardless, so that likely would have happened, but the fallout may not have gone quite the same way). There is no reason given in the Policy Options piece for rejecting McLellan’s advice – just that the whole Affair has damaged the public confidence. So that gets a failing grade.

As for the suggestion to ban omnibus bills, he doesn’t quite grasp the magnitude of the suggestion. He claims, not incorrectly, that they exist for the sake of efficiency, but that efficiency is largely because there are many pieces of legislation every year, where if you introduced individual bills for each component – such as around technical changes in a budget implementation bill – Parliament would grind to a halt. There is a time and a place for omnibus bills – the difference is when they are being used abusively. The Conservatives stuffing changes to the Canadian Environmental Assessment Act into a budget implementation bill? That’s abusive. The Deferred Prosecution Agreement provisions being put into the budget bill? It’s borderline, but it wasn’t hidden or snuck through – it was in plain sight, the committees in both Houses each saw it and dealt with them (albeit less effectively on the Commons side), and the Commons has new rules to deal with splitting up votes on omnibus bills. Ironically, if the DPA legislation had been put forward as a separate bill, it likely would have languished until swallowed up by an omnibus justice bill, as happened to several other criminal justice reform bills over the course of the last parliament (speaking of Wilson-Raybould’s ability to manage her own bills). But the suggestion to simply ban all omnibus bills is unserious and jejune, and a perfect example of the kind of knee-jerk suggestions we’re going to see plenty of in the days ahead.

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Roundup: Trying to play the tough guy

Now that the Ethics Commissioner’s report is out in the open, the Conservatives are doing their best to try and capitalise on it – both with the coming Ethics Committee meeting (that is going to be shut down), and in Scheer trying to look tough on the issue. After calling on Liberals to essentially turn on Trudeau – something that would be far more effective if this were the era of caucus selection of leadership so that they could hold him to account – he also decided to take matters into his own hands at the National Acadian Day festivities in Dieppe, New Brunswick, earlier this week. When Trudeau spotted Scheer in the crowd, he came over to shake his hand, and, camera rolling, Scheer told him “You have to stop lying to Canadians. You need to come clean.” Trudeau, true to form, responded with a nonchalant “Oh, this is a good day today,” and went back to glad-handing with the crowd. Scheer has been trying to make the video go viral, but…he looks kind of awkward in it, like his attempt at being tough and in Trudeau’s face were essentially laughed off. I’m not sure how this bolsters Scheer’s case, but, well, he’s trying to convince his online audience of it.

There were also tongues waving and actual salivation over the revelation that the RCMP had been in touch with Jody Wilson-Raybould after the allegations first surfaced in the Globe and Mail back in February, but nothing has come of it since, and PMO assured the CBC that they had not been contacted by the RCMP. (I find it hard to believe anything will come of that either, given that there’s nothing they could charge them with – and no, this can’t possibly be obstruction of justice because a DPA is not getting off scot-free).

Meanwhile, a bunch of people are trying to be clever about Trudeau’s refusal to apologise for this situation by contrasting it with all of the various official apologies he’s made for historical injustices, as though there can be a actual equation of the two. Worth reading, however, is this thread from a legal analysis of the Ethics Commissioner’s report, and it pokes a number of holes in it, rendering it all the more problematic (which isn’t to say to say that there wasn’t any wrongdoing).

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Roundup: The inevitable committee bat-signal

And now, the hangover from Wednesday’s Ethics Commissioner’s report, starting with the inevitable demand from the opposition parties that the Commons Ethics Committee reconvene for an emergency meeting to hear from the Commissioner, plus a list of witnesses, to fully explore the whole thing in front of the cameras yet again. And while a meeting has been called for next Wednesday, it will inevitably be that the Liberals on the committee (or rather, those from nearby ridings who have come to the meeting to fill the seats) will say that with the report, we’ve heard everything we need to and Canadians can make a decision in October, and deny permission for the meeting, which will then be followed by the other parties bemoaning the cover-up and secrecy, and then we’ll move onto campaigning. As you do.

Elsewhere, we heard from Jody Wilson-Raybould who said that the revelations about how deeply SNC-Lavalin was working with the department of finance was a surprise to her. Jane Philpott said she felt sad by the whole affair, and troubled by the attempts to discredit Wilson-Raybould in the prime minister’s submissions to the Commissioner, and she thinks an apology is warranted. Trudeau, however, is steadfastly not doing so. Mario Dion thinks that his office needs the power to levy sanctions for breaches like this one, as there currently aren’t any. SNC-Lavalin will be carrying on with their Federal Court of Appeal bid to get judicial review for the Director of Public Prosecution’s decision not go discuss a DPA with them.

Another emerging theme from this whole sordid affair is the issue of the post-retirement careers of Supreme Court of Canada justices, several of whom became embroiled in the affair. Amid calls for new rules around what constitutes proper activities for these retired justices, there does seem to be a recognition by the current Chief Justice and the Canadian Judicial Council that there may be an issue, and they are having these discussions.

Meanwhile, Chris Selley notes that the Commissioner’s report seems to impugn the way that governments do business, especially when they make a big deal about investing in a company and showing up with a giant novelty cheque (though we’ve seen a lot fewer of those under this government than the previous one) – and he thinks it’s about time. Law professor Errol Mendes details how Dion has made a serious misinterpretation of his enabling legislation and jurisdiction in the creation of this report, which should be concerning (and We The Media need to be far less deferential to Officers of Parliament because they are not always right).

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Roundup: Competence, communication, and the Commissioner

Yesterday was political theatre in the extreme, as the Ethics Commissioner, Mario Dion, released his report into the Double-Hyphen Affair. His conclusions were damning for Trudeau (but suspect – more on that a little later), and there was some genuinely troubling revelations in there, such as the fact that it seems that it was lobbyists from SNC-Lavalin who were the ones who suggested putting the Deferred Prosecution Agreement legislation in the budget, and seemed to be attempting to stage-manage the whole thing – right up to dreaming up elaborate schemes to try and bring former Supreme Court of Canada Chief Justice Beverley McLachlin into the fold, only for her to tell them that she’d wait to hear from Jody Wilson-Raybould. (Reminder: DPAs are not an invention of SNC-Lavalin, but have been a tool in other countries for over a decade, and Canada was a laggard in adopting them, and even then, we didn’t do a very good job of it, and yes, there is a lengthy paper trail of the consultations undertaken by the government on this. Also, they’re not a get out of jail free card – they do involve penalties, but would enable the innocent employees and shareholders of a company to not suffer for the actions of a few). As troubling as this is, my biggest takeaway is the absolute crisis of competence within this government – officials in different ministers’ offices who didn’t communicate with one another, which was compounded by Wilson-Raybould not offering any explanations for her decisions so that they could be communicated to either SNC-Lavalin or even the other departments. Recall that the infamous Wernick call that Wilson-Raybould was prefaced by Wernick that he was looking for an explanation, and ended when Wilson-Raybould said that she turned over a report to PMO weeks previously, to which Wernick responded “That’s news to me.” If Wilson-Raybould was being continuously bombarded from all sides, it’s because there was a lack of clear communications from all sides. Was that improper interference? Well, that’s a bit of a judgment call, though Dion argued that it was. You can take that for what you will.

With the release of Dion’s report came the release of Anne McLellan’s own report into the structure of the Minister of Justice and Attorney General’s office, which ultimately concluded that the roles didn’t need to be separated, but that clearer guidelines needed to be established – including better communication from the Attorney General on decisions that were of interest to the government.

(Meanwhile, here are some primers on the Shawcross Doctrine, who Mario Dion is, and a timeline of events).

As for reactions, Andrew Scheer was predictable in saying that this was “unforgiveable,” decried that this was the first prime minister in history to have been found to have broken ethics laws (laws that only applied to two prime ministers, so that history is pretty short), and that he wants the RCMP to investigate…something. We’re not quite sure what. Unsurprisingly, Wilson-Raybould issued a statement shortly after the release of the report, saying that she has been completely vindicated. Trudeau himself said that he doesn’t agree with all of the conclusions – particularly that you can never debate an issue with the Attorney General – but said he accepted the report and took responsibility, and that they would learn from it – and lo, they have the McLellan Report to draw more of those lessons from as well.

What virtually nobody actually made any mention of, save a handful of lawyers, was the fact that the Commissioner’s findings resulted from a very large overreading of that section of the Conflict of Interest Act – so much so that it was hard to see how his understanding of “private interest” fit in with the definition of a conflict of interest. In fact, in the report, Dion stated that the initial complaint was under Section 7 of the Act, and while found that was not violated, he then decided on his own volition to see if Section 9 wasn’t a better fit, and then showcased how he jumped through a number of hoops to arrive at that conclusion. He also complained that he wasn’t given access to documents that fell under Cabinet Confidence, and argued that his mandate made that access “implicit” rather than explicit, which should be a warning sign of an Officer of Parliament that is trying to claim more powers than Parliament originally allocated to him. That should be concerning – as is the fact that everyone credulously cherry-picked the damning paragraphs from the report rather than looking at it in context, and the fact that the basis for those conclusions are actually problematic. This doesn’t mean that wrongdoing didn’t occur – just that the report itself was arrived at by a great deal of overreach, which should colour the conclusions, but nobody in the media did any of that critical thinking.

In hot takes, Chantal Hébert was first out of the gate, to wonder if this would be a fatal wound for Trudeau given how scathing the report was. Robert Hiltz castigates Trudeau’s inability to apologise because that would mean that the government was acting in SNC-Lavalin’s interests and conflating it with that of the country. John Geddes wonders why SNC-Lavalin never took Wilson-Raybould up on her offer to pass along their public interest arguments to the Director of Public Prosecutions (and the answer is fairly unsurprising). Andrew Coyne says the problem is not any conflict of interest, but the possibility of an abuse of power. Paul Wells notes the report is another reminder to Trudeau that his is a job where he makes decisions that have consequences, which he may not seem to grasp.

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QP: One last “PMQ”

It promised to be the last big show of the 42nd Parliament, with all of the leaders present for one last time. Andrew Scheer led off in French, worrying about the start date for the Trans Mountain expansion, studiously ignoring the Federal court of Appeal decision that revoked the permit. Justin Trudeau reminded him that Stephen Harper didn’t get any pipelines to new markets, while he ensured they got proper buy-in from Indigenous communities. Scheer switched to English to repeat his disingenuous lines, and Trudeau repeated that the only way to build energy projects was to work in partner with Indigenous people. Scheer got increasingly breathy as he accused the government of trying to phase out the energy sector, to which Trudeau replied that the Conservatives won’t take yes for an answer, and that they were succeeding in what the Alberta energy sector had asked for. Scheer shouted about all the things he would do to build pipelines and said the prime minister couldn’t get things done, and Trudeau calmly replied that the Conservatives still don’t understand why they failed the economy for ten years. Scheer rose one last time to assure Trudeau that a “real plan for the environment” would come at five o’clock, before he switched to some scattershot condemnation about the Liberals protecting corporate interests, and Trudeau listed off all the things that Scheer didn’t get about the environment. Jagmeet Singh was up next, and in French, he demanded the government spend on green projects instead of pipelines, and Trudeau took up a script to list off all of the measures they have taken to help the environment. Singh, in English, declared that the TMX would generate no profits — which is news to everyone — and he decried the government not protecting the environment. Trudeau picked up the English version of the script to list the measures that they have taken. Singh flailed around about measures for the environment, and Trudeau reiterated his previous response without a script, before he put it back to Singh that there were Indigenous communities supported the project. Singh switched to French to worry about the project some more, and Trudeau raised the fact that the pipeline was more responsible than moving oil by rail.

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Roundup: Less helpful suggestions to fix QP

At this time of year, we’re starting to see a number of reflective pieces about the state of our democracy, and over on The Agenda, they gave a thinkpiece about the state of Question Period in advance of an episode on the subject. While the piece is geared toward the state of things at Queen’s Park, there is applicability to Parliament, and the suggestions that the polisci prof that they cite in the piece makes don’t really offer anything constructive, in my opinion.

For example, he wants more questions from more members and no supplementals. I disagree, because if we were running things properly, supplementals offer decent back-and-forth exchanges where you can get better accountability by drilling into answers (or non-answers) provided. And as demonstrated in Parliament, especially on Fridays, just having more MPs asking questions doesn’t necessarily improve things because they’re all reading the same scripts, so you just get more MPs asking the same questions – which in turn becomes fodder for them gathering clips to be distributed over social media. He suggests that the parties determine who asks questions for the first two thirds and then the Speaker determine for the final third – well, that doesn’t actually help with the ability of the Speaker to “not see” frequent misbehaving MPs, as they will be the ones the party puts on their list. It needs to be all or nothing. Having the Speaker rule on the relevance of answers and to police friendly backbench suck-up questions? Nice in theory, and if we could get MPs to give the Speaker the power to the determination, all the better, but if we’re not careful, it just creates an opportunity for parties to whinge about the Speaker. (I’m kind of in favour of empowering the Speaker in this way, but it needs to be done very carefully). Banning applause? Yes, absolutely.

What’s missing in this is the reliance on scripts, which we need to do away with entirely. Parties argue that they need to come up with plans and narratives and tactics, but to be frank, that’s bullshit. Plans and tactics don’t enhance the accountability function of QP – it just ensures that it will be theatre, and not good theatre at that. Banning scripts plus empowering the Speaker to choose who asks questions for the whole of QP (and sure, he can continue to divvy them up according to a set formula in the interests of fairness) is going to be far more effective than most of these suggestions – but the trick is to convince MPs to move to that system, which would involve their leaders giving up their powers to direct the show, and that is part of where the bigger problem lies.

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