Lots of developments in the Senate, so let’s get to it, shall we? Kady O’Malley looks into the ways that the Senate is going through the process of reshaping itself to fit the new reality that they find themselves in, and so far they’ve been doing it in a fair-minded way, tempering some the partisan excesses of the previous parliament while they start adjusting their rules around things like Question Period in the new scheme they’ve developed. I’m still a little hesitant, considering that they’re losing some of the pacing and ability to make exchanges that made Senate QP such a refreshing change from Commons QP, but we’ll see once they start working out the kinks. Meanwhile, the Senate is trying to adapt its Conflict of Interest committee to a reality where there are no “government” senators, and more debate about how to include the growing number of independent senators into that structure. We’ll see how the debate unfolds in the next week, but this is something they are cognisant about needing to tackle, just as they are with how to better accommodate independent MPs with committee selection as a whole. Also, the Senate Speaker has ruled that the lack of a Leader of the Government in the Senate does not constitute a prima facia breach of privilege, convinced by the argument that the lack of a government leader doesn’t affect the Senate’s core ability to review and amend legislation, and that the primary role of the chamber isn’t to hold government to account. I would probably argue that it may not be the primary role, but it is a role nevertheless, but perhaps I’m not qualified enough to say whether that still constitutes an actual breach of privilege, as opposed to just making the whole exercise damned inconvenient and leading to a great number of unintended consequences as they venture into this brave new world of unencumbered independence. At this stage, however, things are all still up in the air, and nothing has really crashed down yet, but it’s a bit yet. By the time that Parliament rises for the summer, we’ll see if all of those broken eggs wound up making a cake, or if we just wind up with a mess.
Tag Archives: Syria
Roundup: Application versus consultation
The head of the new Senate Appointment Advisory Board appeared at the Procedure and House Affairs committee yesterday, and has raised a few issues about this new process that are a bit troubling, which has to do with applications – rather, that there seems to be an emphasis on application rather than nominations arising out of consultations. In particular, the ability for people to apply for a seat on their own seems to be at odds with some of the design of the advisory process. Emmett Macfarlane notes that this wasn’t how he envisioned the process when he was asked to help design it, and that it not only overly bureaucratizes the process, but it sets it up for a particularly unsavoury sort to want to apply, which I concur with. Why is this important? Because we’ve only spent the past number of months watching the trial of a certain Mike Duffy, who was well known for wanting desperately to become a senator for decades, and how he viewed such an appointment as a “taskless thanks” which would also provide him with all manner of perquisites – and witness how he managed to monetize all of his relationships as a result of his appointment, as we’ve witnessed in testimony. We also lived though the bizarre spectacle that was Bert Brown, “elected” senator whose self-appointed crusade for Senate reform comprised largely of unsolicited meetings with provinces to convince them of his plan (on the Senate’s dime), and taking to the op-ed pages to basically call his detractors Nazis (I’m not sure how else you take it when he reminds you of his family’s military service in WWII as a rebuttal). Some of the best senators we’ve seen are those who never expected an appointment, and who never would have sought office on their own – people like Roméo Dallaire. It’s also why I’m not sold on the NDP fear that this process will just be elites nominating elites – a broad enough consultation will bring people of accomplishment and expertise in a wide variety of fields than just academia. But at the same time, the Senate should be a place that rewards experience and expertise rather than being a repository for randoms, given their role to scrutinise legislation and act as the country’s premier think tank. I have a hard time seeing how hot dog vendors can fulfil those roles, no matter how many people they interact with in a day.
https://twitter.com/emmmacfarlane/status/695336557893431300
https://twitter.com/emmmacfarlane/status/695341816439136261
It's almost like begging for another Mike Duffy… https://t.co/s3Nd9Z4amm
— Dale Smith (@journo_dale) February 4, 2016
QP: Demands for free votes on Energy East
Monday, and old habits are starting to rear their heads — neither Trudeau nor Mulcair were present, Trudeau in meetings, and Mulcair in La Loche, Saskatchewan. Rona Ambrose led off, mini-lectern on desk, and read a question about jobs in the resource sector, demanding support for their opposition day motion on Energy East. Jim Carr noted that they needed to establish a credible process if they wanted to get resources to market. Ambrose decried Trudeau killing off Northern Gateway with the tanker ban on the west coast, to which Carr reminded her of the lack of trust in the regulatory process under the previous government. Ambrose tried again to get support for the motion, but got another reply about the environmental assessment process. Maxime Bernier was up next, decrying deficits, to which Bill Morneau reminded him that the debt-to-GDP ratio was still going down. Bernier cried that only businessmen create investment, not governments, and then demanded confirmation that the Conservatives left a budget surplus. Morneau insisted that the fiscal update released at the end of last year showing a deficit was accurate. Leading off for the NDP was Marjolaine Boutin-Sweet, who raised one of the interviews from last night’s CBC special, and demanded help for the manufacturing sector. Navdeep Bains rose up, and said that an innovation agenda for the sector was on the way. Boutin-Sweet demanded a plan yesterday, to which Bains insisted that they have it. Irene Mathyssen took over to read the same again in English, and got the same answer.
Reading the same question four times in a row! #accountability #QP
— Dale Smith (@journo_dale) February 1, 2016
Roundup: The needed reforms to the Estimates
Democratic reforms remain the topic of discussion on the Hill, following Dominc LeBlanc’s appearance at the Procedure and House Affairs committee on Thursday, and some of what he’s talking about is necessary – most importantly, reform to the Estimates process. The Liberals had promised during the election that they would reform the process so that the Estimates were a) readable, and b) resembled the Public Accounts, so that the latter could be used to check over the former. There is probably no greater reform that needs to happen than this, because it’s the job of MPs to hold government to account by means of controlling the public purse. The Estimates are how they plan to spend the money, and the Public Accounts are the accounting of how it was spent. When both are reported using different accounting methods, and with the Estimates currently being largely unreadable to the layperson, it makes that accountability nigh impossible to do. It’s no wonder that the process has largely devolved to voting them through at all stages with no actual discussion or scrutiny (as they did in December, only for the Senate to catch their mistakes when they ballsed it up in their haste). It’s also why MPs have been consistently fobbing off that homework to the Parliamentary Budget Officer, the Auditor General, and increasingly the Senate, while ministerial visits to committee to discuss the Estimates for their departments are spent answering questions on issues of the day rather than the Estimates they were there to talk about. Add to that, there’s the “deemed” rule, whereby Estimates are deemed to be agreed to and passed after a certain date, so MPs couldn’t even hold them up if they wanted to. It’s so entirely broken, which is why the Liberal promise to fix this system is so damned important. Of course, with the good comes the bad – talk of eliminating Friday sittings, possibly with longer days on Tuesdays and Wednesdays to compensate (but what about the “family friendly” elimination of evening sittings so that MPs can have dinner with their families?), and assurances that they wouldn’t actually be getting Fridays off, but working in their constituencies. The problem there is that constituency work is not actually part of an MP’s job – the ombudsman role they play on behalf of their constituents’ interactions with the civil service has grown over the years until it’s metastasised into this beast now where there are stories that the immigration department won’t touch files until they are forwarded by the MP’s office (so far down the slippery slope to corruption it’s alarming), and MPs continue to spend their resources doing this work rather than their actual jobs of scrutinizing the Estimates or legislation. In other words, eliminating Friday sittings makes this problem worse, not better. LeBlanc also did agree that a proposal to ban applause in the Commons may be something else worth considering to help improve decorum, and I would agree that even more than the constant sanctimonious tut-tutting about heckling, applause and scripts are the bigger problems that should be tackled if we want to be serious about making changes to the way our MPs do business.
That's my position. https://t.co/9kfUuRCBBX
— Dale Smith (@journo_dale) January 29, 2016
Roundup: Hollow Senate threats
As the Conservatives grasp their diminishing influence in the opposition benches, their threats of using the Senate to get their way seem to be increasing. Yesterday, as the Liberal government announced their bill to repeal two of the anti-union private members’ bills that passed in the last parliament, at least one Conservative MP was beating his chest and threatening that the Senate would be used to defeat the bill. The problem? That he’s unlikely to find allies in the Senate to carry out this threat. You see, one of these bills badly fractured the Conservative Senate caucus in the last parliament, which is almost certainly what led to Marjory LeBreton tendering her resignation as Government Leader early, and her threats to the caucus very nearly provoked a revolt. Given how much trouble they went through to pass the bill in June, and how much they had to crack the whip and still have dissenters, those who abstained or who just refused to show up for the vote, I really doubt that they would have any fight left in them on this bill. It makes the insistence from their MP caucus that they will somehow be a rearguard action to stop bills they don’t like from being passed as not only fanciful, but actually pretty insulting to that Senate caucus, who they’re treating as just another group of backbenchers that they can push around, and with a leadership contest soon to get underway, they’re going to find that their senators are about to start getting a lot more independent, as the guy who appointed them is no longer around and his influence has almost faded entirely as even his MP caucus swallows themselves whole to reverse their previously held positions now that he’s gone. If they think that they can still wield that influence to preserve this unpopular and contentious bill, well, they may soon find themselves getting a rather rude awakening. (Meanwhile, the Conservative allegation that the repeal of those bills was somehow repayment for an illegal union donation that the Liberals didn’t even know about, and which was repaid as soon as it was uncovered, is laughable considering that the repeal of these bills was in the bloody platform).
Roundup: Heckling the delicate flowers
Oh, those poor delicate flowers that dwell in the House of Commons. Their poor nerves are so affected by all of the terrible heckling during Question Period that they all need to collapse on a divan, and get out the smelling salts, and blah, blah, blah. Samara just released a report on heckling, and wouldn’t you just know, everyone is aghast by all of the heckling that goes on. Why, it’s just terrible. But here’s the thing – every MP says they hate it, and insists that they don’t do it, except they do. They’ll even deny it when caught on camera. Heckling of course comes in a broad variety of taunts, jeers, and outright boorish behaviour, but really, sometimes it’s more instructive than what passes for debate. Yes, some heckling is sexist and boorish and should be called out, but not all heckling is sexist and boorish. And when there are complaints that women get heckled more, sometimes it’s because of how they’re reading scripts – one of the things about heckling is that it’s trying to knock people off of their talking points. Sometimes it’s clever and witty, and sometimes it’s not. But that doesn’t mean there isn’t value in knocking people off of their message tracks. And if anyone thinks that simply having more women in the place would change that, well, the most vigorous (and indeed some of the best) hecklers in my experience have been the women. And honestly, I can’t think of anything more dreadful than a QP that lacks it. Why? Because we need an injection of theatre into the sitting day, lest we all develop narcolepsy. Has anyone who moans about heckling sat through the rest of the day’s debates? Probably not. I’ve learned more about some issues by the heckling than I have in the scripted responses by ministers. Can it be too vigorous at times? Sure. Can people take it too far? Of course, and it should be dealt with when that’s the case, but this constant pearl-clutching about it is ridiculous, disingenuous, and in most cases, hypocritical. I’d rather a commitment to improving the quality of heckling than to see its elimination, and we’d be better off for it.
Roundup: An appointment panel is named
The government announced the composition of the permanent members of the Senate appointment advisory board, along with the ad hoc members of the three provincial members for the Ontario, Quebec and Manitoba seats that they plan to fill immediately. The federal members are headed by Huguette Labelle, a former senior civil servant and chancellor of Ottawa University, along with Indira Samarasekera, the former president of U of A who comes from a physical sciences background, and Daniel Jutras, a dean of law from McGill University. The provincial members have more varied backgrounds, including one Manitoba member who is a folk singer who also dabbles in pseudoscience around past lives, so oops there. They expect to make their first round of recommendations by the end of February – later than would have been hoped, but it’s only about three sitting weeks, so not too long to delay processes in the Senate, particularly as one of those first five appointments is to be the government’s new “coordinator” in the Senate (which remains a boneheaded suggestion if you ask me, considering that they will have no Senate experience whatsoever). And then come the complaints, mostly from the Conservatives (though the NDP did their share of tutting and shaking their heads about the “undemocratic” nature of the Senate). The problem with the complaints, largely coming out of Conservative Senate Leader Claude Carignan’s office, is that they’re grasping at straws – two of the academics were Trudeau Foundation scholars, so that obviously means they’re Liberals and can’t possibly be independent, right? No, seriously, that was Carignan’s argument. Also, that they were too elitist to pick “ordinary” Canadians to sit in the Senate, which actually isn’t their mandate. They are supposed to look for people with distinguished public service or who have some legislative experience. While I have my particular issues with the notion that the new Senators appointed through this process will all be independent (no, that’s not a guarantee, and nothing can stop them from joining whichever caucus they choose), there is this endemic chattering amongst Conservative senators that they’ll just all be Liberals by any other name, and as a result, they denounce the whole process. Never mind that the process by which some of those same senators got appointed was not particularly well run (the panic appointments of 2008 produced a number of senators of dubious merit), it makes their objections to this process to seem a bit precious. The other complaints – that because the appointment panel was not chosen by all-party consensus, that their deliberations are secret, that the short-lists are similarly kept secret, that the PM isn’t bound by the list – are all frankly out of step with the practice of Responsible Government and the constitution, and make no sense. Scott Reid’s complaint that it’s a process insulting to Albertans and their “elected” senators is also farcical considering the sham election process and the judgment of the Supreme Court of Canada in the Senate reference case. And while there is plenty of things that could be criticised about the way this process is happening, the fact that the Conservatives are choosing the most ridiculous and specious arguments is a sign of that they’re not taking this seriously, which blunts the effectiveness of their role as official opposition.
Add MP Scott Reid to the list of people who apparently can’t grasp Responsible Government. #SenCA #cdnpoli pic.twitter.com/7l0DVzOMjI
— Dale Smith (@journo_dale) January 19, 2016
Roundup: Fledgling government delays
Delays seem to be the word of the day for the fledgling government – delays in getting the refugees here (but that’s happening), delays in getting committees up and running (thanks in no small part to NDP and Bloc wrangling) – though they did finally name the assisted dying committee members today, and it looks like there are now delays in getting the new Independent appointments committee for naming new senators up and running. This means that those promised five new “independent” senators won’t likely be chosen before Parliament comes back, nor will the new government “representative” be chosen from one of those five as intended. That could start being a problem for the government as they start looking to outline their agenda and figure out what they’re going to start sending over to the Senate in terms of legislation. Mind you, it’s not too late for the government to do the right thing and appoint an existing senator to the post (because it makes absolutely no sense to put someone with no Senate experience into the role – it really doesn’t), and then figure out how to keep the relationship as arm’s length as possible while still letting parliament function as it should, with government and opposition sides that help keep debate and accountability going. Oh, and while we’re on the subject, can We The Media please stop this whole “The Senate has traditionally been a partisan dumping ground” line? It’s a gross exaggeration of the truth, and it neglects the fact that a lot of eminently qualified people who weren’t just party hacks were appointed. Yes, some of them chose to behave a bit unfortunately once appointed because they thought they had do (particularly true of the way that Harper’s poor appointment process corrupted a generation of senators), but on the whole? We had some pretty great appointments on both sides for a lot of years. Stephen Harper and his PMO upsetting the balance should not be held up as the norm of the chamber’s history any more than the small number of senators with questionable expenses should be treated as a reflection on the vast majority who didn’t. But by all means, keep repeating the received wisdom (and in some cases mendacious gossip) about the Chamber and its denizens. It’s really helping us live up to our role of educating the public as to what goes on in Parliament.
Roundup: Airfare obsessions
Oh, the things we obsess over in this country – like the Prime Minister’s air travel. Perpetual source of media copy, as are the strange figures that get attached to it. As previously mentioned, Justin Trudeau and family went on vacation to the Caribbean island of St. Kitts-Nevis, and apparently rented a villa there (which they paid for out of pocket), and got a bit of tabloid attention, because why not? Also, apparently there was a bit of diplomacy as he met with the country’s prime minister and foreign minister, but that’s beside the point. The point is that while Trudeau has promised to reimburse the public purse for the equivalent of economy fares for the trip, the media continues to bring forward the dollar figure of $10,000 per flying hour to operate the Challenger jets, which the PM is obligated to take for security reasons. The problem with using that $10,000/flying hour figure is that it never places it in the context of it being a military aircraft, and it’s not just sitting around waiting to shuttle the PM around – they’re in use for other operations, and even when they’re not, they still get flown empty because those military pilots need to keep up flying hours aboard them. It’s a Thing, but nobody ever mentions it. Instead, when the PM wants to go somewhere on personal business, we drag up the $10,000/flying hours figure because we want a bit of cheap outrage, and if there’s anything that Canadian media loves, it’s cheap outrage. It is a little curious that Trudeau is reimbursing at the economy fare rate, but I guess we’ll see what that rate looks like once it’s repaid. While Paul Martin made it the practice to repay double the going business-class rate, Stephen Harper would occasionally reimburse it at what was alleged to be the lowest possible economy fare, though most of the time when reporters tried to find equivalent flights for what Harper repaid, well, it couldn’t be done. I would say that if anything, repaying less than the economy fare is almost more insulting than not repaying anything and saying “I’m Prime Minister, I can’t fly commercial, so deal with it” because it almost looks like you’re showing contempt than respecting the taxpayer (which is the born-again motto of the Conservative Party post-election). So really, we should suck it up (provided that the trips aren’t egregious) but I see little chance of that happening anytime soon.
Roundup: Questionable speaking fees
Following testimony at the Mike Duffy trial, Glen McGregor went back through the records of Duffy’s speaking engagements and what he was paid for them. Why? Because at trial, it came to light that he paid a speechwriter for a last-minute speech to one group, made a couple of tiny changes to it, paid for said speech through his “clearing fund” run by Gerald Donohue as though it were an expense related to his Senate duties, and then collected the $15,000 fee. Senate ethics guidelines state that they are not to collect speaking fees if it’s related to their Senate duties – and to be clear, there are plenty of parliamentarians in both Chambers for whom it’s entirely appropriate to have a Speaker’s bureau arrange and charge for speeches based on their previous experiences, because it’s not part of their parliamentary duties and it ensures that their expenses are covered and not charged to the taxpayer. Duffy, however, seems to have breached this particular rule, which could be yet another wrinkle in his attempt to prove his innocence, or to show that the “clearing fund” was only for legitimate parliamentary expenses. Meanwhile, looking back at the trial, we see recollections of his memorable phrases, and the petulance of his testimony.