Roundup: Not all omnibus bills are abusive

As if we needed another excuse for the opposition to blow their collective gaskets, the Liberal budget implementation bill clocks in at around 300 pages, and touches on several different Acts. In other words, it’s an omnibus bill.

“Oh!” They cry. “You promised you wouldn’t use them.”

Err, they promised not to abuse them, and in fact were careful in their language so as to not promise that they would never be used, because anyone who knows a thing or two about the legislative process knows that sometimes omnibus bills are necessary, particularly when it comes to housekeeping bills that clean up language across several acts, for example. What separates a proper omnibus bills from abusive ones are the fact that they are around a common theme, and can be studied by a single committee. This is where the Harper bills failed the test – while they claimed that they were under a single theme (i.e. implementing programmes mentioned in the budget), they touched on all manner of subjects that were not all under the purview of the finance committee, and this is really the key. When they put in sections that rewrote the entire environmental assessment legislation – under the dubious rubric of doing it for the sake of stimulating resource projects and thereby the economy, this was not something that the finance committee could necessarily study, and certainly not when the hundreds of pages and tight time-allocated timelines meant no time to do proper study of the various and sundry provisions. That is abusive.

From everything I’ve seen of this new budget implementation bill, it certainly looks like everything is all related to fiscal matters and would be under the purview of the finance committee to study. Yes, it’s 300 pages, which shouldn’t be the determining factor, and this is more about the opposition torqueing the issue in order to make it look like the government was breaking a promise when in fact they’re not included the kitchen sink into the bills in order to bully them through with as little scrutiny as possible.

What disturbs me more is the fact that like prorogation, “omnibus” is becoming a dirty word because the previous government took it upon themselves to abuse the practice, while my media colleagues haven’t done enough to disabuse the notion that just because a practice has been abused that it’s not actually illegitimate in and of itself. Prorogation is a routine practice for breaking up a legislative session and hitting the reset button in terms of plans and priorities, while omnibus bills have their uses (as we’ve already established). Just because Stephen Harper abused them to his own ends – which is party didn’t seem to be railing about as they are with this current omnibus bill – it doesn’t mean they’re all bad. This shouldn’t be rocket science, and yet, civic illiteracy is rapidly determining the narrative.

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Roundup: Harder seeks sympathy

I have to wonder if Government Leader in the Senate – err, “Government Representative” – Senator Peter Harder is starting to get a bit nervous about the viability of his proposal to reform the Senate rules, as he has started reaching out to sympathetic voices in order to give him some attention on the pages of the newspaper. We’ve seen two such examples in recent days, with a wholly problematic column from John Ibbitson over the weekend in the Globe and Mail, and now some unwarranted praise from Harder’s old friend from their mutual days in the Mulroney government, retired senator Hugh Segal. While Ibbitson’s column was a complete head-scratcher if you know the first thing about the Senate – they don’t need to “prove their value” because they do so constantly (hell, the very first bill of this parliament they needed to send back because the Commons didn’t do their jobs properly and sent over a bill missing a crucial financial schedule, but hey, they passed it in 20 minutes with zero scrutiny). And it was full of praise for the process of Bill C-14 (assisted dying), which is Harder’s go-to example of how things “should” work, which is a problem. And Segal’s offering was pretty much a wholesale endorsement of Harder’s pleading for a “business committee” to do the job he’s apparently unable to do through simple negotiation, so that’s not a real surprise either. But as I’ve written before, the Senate has managed to get bills passed in a relatively timely manner for 150 years without a “Business committee” because its leadership knew how to negotiate with one another, and just because Harder is apparently not up to that task, doesn’t mean we should change the rules to accommodate him.

Meanwhile, there is some definite shenanigans being played by the Conservatives in the Senate in their quest to have an inquiry into the Bombardier loan, and their crying foul when it wasn’t immediately adopted, and wouldn’t you know it, they had a press release ready to go. Conservative Senator Leo Housakos was called out about this over the weekend by Independent Senator Francis Lankin, and while Housakos continues on his quest to try and “prove” that the new appointees are all just Trudeau lackeys in all-but-name, Housakos’ motion may find its match in Senator André Pratte, who wants to expand it to examine other loans so as not to play politics over Bombardier. No doubt we’ll see some added fireworks on this as over the week as the Senate continues its debate.

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Roundup: Chagger doubles down – again

Oh, Bardish Chagger. So very earnest in her desire to try and change the Standing Orders to try and prevent the excesses and abuses of the Conservative era that she’s ready to be her most ham-fisted in order to get it done. In an interview with The West Block this weekend, she said that she wasn’t going to hand over a veto to the Conservatives about these reforms, which means she’s doubling down about ensuring that any rule changes happen by consensus, and so I guess we’ll see the filibuster carry on in committee, and yet more egregious privilege debates and various other procedural shenanigans by the other opposition parties in the hopes that she backs down. So far, that doesn’t look like it’s going to happen.

If I had my druthers, I would tell Chagger to stick to two simple points – omnibus bills, and prorogation. And specifically, the proposal to restore prorogation ceremonies, and take those two suggestions to the opposition parties, and just get them to agree to those. Those are the only two suggestions that are workable and doable (and prorogation ceremonies are in fact something that I recommend restoring in The Unbroken Machine), because that’s rolling back a change that happened in order to “streamline” things a couple of decades ago, and it’s a necessary tool for transparency and accountability. And omnibus bill restrictions are an obvious change that anyone can see as being necessary after the abuses of the 41st parliament.

But as I’ve stated before, on numerous occasions, any other suggestion that Chagger makes in her discussion paper is unnecessary and will cause more harm than good, because the underlying changes that need to happen are cultural, not structural. The problem is that it’s hard to sell MPs on this, especially when they keep using the phrases “modernize” and “21st century workplace” as though the terms meant something. And she keeps using them. Over. And over. And over. And it’s driven me to the point of complete distraction. But because Chagger is doubling down, I have the sinking feeling that it’s going to be yet another week of apocalyptic language and procedural gamesmanship and nothing will get done. Because that’s the state of things right now, and no amount of rule changes will actually fix that.

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Roundup: Not another special committee

And so the filibuster over potential changes to the Standing Orders rolls on, with no end in sight. Opposition House leaders presented an open letter yesterday calling for a new special committee to examine the issue with an eye to ensuring that it only comes out with recommendations achieved by consensus, but I’m not sure how bright of an idea that really is. After all, they’ll demand that it be composed in a similar manner to the Electoral Reform committee (to be faux-“proportional” and to get buy-in from the Bloc and Elizabeth May, naturally), and they’ll spend months and months hearing all kinds of expert testimony about how great parliamentary or legislative rules are in other countries only to doubtlessly come up with some the same kind of non-consensus that the ERRE report did, that every party will walk away from.

Bardish Chagger isn’t backing down, incidentally, and keeps insisting she wants a dialogue but won’t commit to consensus, probably because a) the committee look into making the Commons more “family friendly” wound up being a bust – which is for the best, really; and b) because she wants to try and fulfil the half-baked election promise about doing some kind of parliamentary reform, never mind that no reform is actually necessary of the kind that she’s proposing (with the exception of restoring prorogation ceremonies – that one we do need).

But I will reiterate yet again that our problem is cultural. Looking at rule changes won’t fix the underlying cultural problems, and this will be just another months-long waste of time when what all parties need to be doing is getting back to the core of Westminster parliamentarianism, and doing the sensible things of banning scripts and speaking lists, throwing out the time limits that obligate MPs to fill the time rather than engaging in spontaneous debate, and actually taking the legislative process seriously, which means ending the insane (and inane) focus on endless Second Reading debate. Repeating the ERRE exercise for the Standing Orders is just a black hole to be avoided, and all parties should back away from this fight (especially the Liberals).

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Roundup: May’s problematic proposals

Green Party leader Elizabeth May decided to weigh in on the Standing Orders debate yesterday with a proposal paper of her own, considering Government House Leader Bardish Chagger’s proposal to have been an earnest trial balloon that has now blown up in her face and in need of moving on. May’s didn’t object to some of Chagger’s proposals, but came up with a few of her own, some of which are of dubious merit.

To start off with, however, May lards her paper up with a bunch of constitutional canards, such as the fact that political parties don’t appear in the constitution. If you hear the sound of my head banging on the desk, it’s because May is privileging the written Constitution Act as opposed to the unwritten constitutional conventions which are just as valid and just as important to our system of government, and are in fact foundational because that’s how our system of Responsible Government is expressed, and parties are foundational to that system. Just because they don’t appear in writing doesn’t mean they’re absent from our constitutional framework – they are fundamental to it, and May (and the scholars she cites) are simply obtuse to not recognise that fact. May then insists that the Westminster system has been distorted by parties gaining power and with presidential leaders, but rather than actually diagnosing where the problem is – the bastardized way in which we conduct leadership contests – she instead retreats to her usual hobbyhorse of the electoral system, which would not in fact solve any of the problems she identifies.

But if you make it past her civically illiterate pap, she digs into the suggestions with the most notable one being that she wants more concentrated sittings – five-and-a-half days a week for three to four weeks at a stretch, then three to four weeks back in the riding, insisting that this is also better from an emission standpoint since MPs would be travelling less. But where her logic here falls apart is saying that given this would stress families more that making it more attractive for families to relocate to Ottawa might be a consideration – but unless the families go back-and-forth on the three-to-four week rotations, being even more disruptive to children’s schools – then there is simply falls apart on the face of it. She also proposes that staffers be given compensatory time off instead of overtime, which seems far more unfair to these staffers considering that the work doesn’t stop when MPs are back in their ridings, and you’re forcing people (many of them younger) to work even more than they already do with less time off as a bit cruel.

May also proposes that a UK-style Fixed-term Parliaments Act be adopted, which officially makes her wilfully blind to the problems that it’s causing to Westminster’s operations, and the fact that it reduces the ability to hold a government to account because it requires a two-thirds vote to call an early election beyond a non-confidence vote with a simple majority. I get that she wants this to force parties to come to different coalition arrangements, but when accountability suffers, that’s a huge problem. But as with most of her suggestions for “improvement,” May is more concerned with her own partisan intransigence than she is with actual Westminster democracy, which is why I find her entire paper to be of dubious merit.

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Roundup: Staffers defend Canadian presidentialism

Andrew Coyne’s column on reverting to a system of caucus selection of party leaders got a lot of pushback over the Twitter Machine on Saturday, and curiously, those most in favour of retaining our current bastardized system of membership-selection were those who currently or formerly worked in the PMO (as well as a couple of current leadership candidates who don’t currently have seats in the House of Commons, which isn’t surprising seeing as they’d be excluded from such an exercise and well, they have egos to stroke given their current leadership ambitions).

https://twitter.com/acoyne/status/848196824334823424

https://twitter.com/acoyne/status/848199704898940928

https://twitter.com/acoyne/status/848202229727338498

https://twitter.com/acoyne/status/848202871741046784

https://twitter.com/acoyne/status/848203006982180865

https://twitter.com/acoyne/status/848203776028811267

https://twitter.com/jec79/status/848185597516820480

https://twitter.com/EmmMacfarlane/status/848226392533860352

And this presidentialization creep is what really gets under my skin, because it’s those who benefit from unearned power – the people in the PMO (less kids in short pants these days than they were under the previous government) who are the most ardent defenders of the system, and using this faux democratic mandate of the 150,000 “supporters” of the party as justification. What none of them bring up is the fact that the PM is unaccountable to those members in any real sense, and certainly unaccountable to the caucus he leads, and that’s a very big problem. And no, a system like that proposed in Democratizing the Constitution of membership selection/caucus removal would never work in practice because unless the method of selection matches the method of removal, there is a legitimacy problem, not to mention this is what happened with both Greg Selinger in Manitoba and Jeremy Corbyn in the UK, and look at where both of them are today. It’s not pretty, and it’s bad for our Westminster system. Caucus selection is really the system we need to revert to if we want accountable leaders and empowered MPs who aren’t being cowed by centralized leaders and their staffers, and we won’t get that now, especially if those staffers are all over the Twitter Machine trying to defend their turf.

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Roundup: It’s not really a $300/tonne price

A “secret memo” has been floating around from a couple of different news organizations, which purports to claim that a $300/tonne carbon price would be required to reach our emissions reduction targets, and of course, opponents of carbon pricing are lighting their hair on fire and saying “See! The Liberals are trying to destroy the energy industry!” And so on. Except that’s not what it says. It says that if no other measures were taken, that’s what the carbon price would be, but those are the only measures we’re taking. We’re doing a bunch of things with regulations and other programmes, not to mention that carbon prices can be the incentive by which industries will innovate and look for ways to reduce their emissions as it becomes a price incentive. You know, a free market mechanism instead of the heavy hand of government regulation. Regardless, the National Post version of the story has a bunch of perspective sauce, much of it courtesy of Andrew Leach, and I’ll leave you with some of his added Twitter commentary on the matter, much of it directed to Jason Kenney and Brian Jean in Alberta who are using this as “proof” that carbon pricing is ineffective and/or some nefarious scheme.

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Roundup: MPs shouldn’t become social convenors

Sometimes when former politicians opine on their former profession, it can be insightful, and sometimes inspiring, but sometimes it can be gobsmackingly terrible. Former Ontario MPP and cabinet minister John Milloy ventures into the latter category with a piece in Policy Options on the “future of work” when it comes to parliamentarians. After Milloy correctly asserts that most parliamentarians don’t know their own job descriptions and that leaves them vulnerable to the machinations of unelected political staff, he veers off about how nobody trusts politicians anyway so their actual roles are becoming obsolete and hey, government is too slow to deal with policy in the modern world, so let’s turn our parliamentarians into social convenors.

No, seriously.

Apparently, the real drivers of change and action are service clubs, community groups and church organizations, so what parliamentarians should be doing is trying to bring those groups together to do stuff because they’re not community leaders anymore, so hey, they can be referees or coaches instead!

Head. Desk.

One would think that someone who used to be in elected politics like Milloy was would understand that the whole point of grassroots riding associations is to gather those kinds of voices around policy concerns, where they could help develop those into concrete proposals to bring to the party, or to communicate their concerns to the caucus (whether or not theirs is the elected MP in the riding). A properly run riding association has the hallmarks of service clubs or community groups because they provide both the social aspect around shared values, and work toward the care and feeding of political parties from the ground-up, the way that they’re supposed to. This is the kind of thing that we need to be encouraging if we want a properly functioning political system in this country. Instead, Milloy would see us let that atrophy and let outsiders shout from the side lines while the political staffers continue to consolidate power in the leaders’ offices. No, that’s not how politics are supposed to work. We can’t keep washing out hands of this and dismissing political organizations. Joining parties and getting involved is the way to make change happen, and as for MPs, we can’t just let this trend of self-made obsolesce go unchallenged. The “future of work” shouldn’t be irrelevance – it should be re-engaging with the system and actually doing their jobs. And shame on Milloy for abandoning his former profession to the wolves.

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Roundup: Sticking to vapid promises

Because I’m not ready to let go of this topic of the Liberals plans around the Standing Orders, Maclean’s had an interview with deputy House Leader Kevin Lamoureux about why the government is so keen on trying to make these changes. Lamoureux has two answers – that the rules should be modernized (with no explanation as to why), and that they made an election promise to do so. Oh, and some too-cute-by-half insistence that even if they changed Question Period that Trudeau would show up more than once a week, despite the fact that he promised in that same election that he wanted to be out on the road more than just being stuck in Ottawa. So yeah, that seems to indicate that he’s looking for an excuse to only be there one day a week.

As with electoral reform, the Liberals came out early on with this facile talking point about the need to “modernize.” There’s no justification as to why or no explanation as to what’s not working (just the rather pedestrian observation that it’s not – draw your own conclusion) and then doing some jazz hands and saying “modernize!”

And like with electoral reform, promising “modernization” without saying why, is kind of a stupid promise, and you know how I feel about stupid promises – they should be owned up to as being stupid before they are broken. In this case, I’m not sure if it was just the vapid need to promise to modernize everything, or if they think there’s a real issue that they want to solve – regardless of what it is, it’s obvious that anything they’ve proposed to date won’t actually solve the problems that they have because the problem is cultural in this place, and the way to solve it isn’t by changing the rules that they’re proposing to. Either way, they need to say “Stupid promise. Real life proved to be different than we imagined it was,” and abandon these plans in favour of maybe, just maybe, tackling the deeper cultural issues that are the real cause of dysfunction in our Parliament.

Meanwhile, I was on AM 770 in Calgary yesterday to talk about my Maclean’s op-ed on the fact that we don’t need to modernize the House of Commons, which you can listen to here.

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Roundup: Top-down incentives

To the excitement of certain federal MPs, the New Brunswick government has decided that in order to encourage more women to run for the provincial legislature (currently there are a pathetic eight out of 49 MLAs), they are going to offer richer per-vote subsidies for parties for women candidates over male ones. While there is a school of thought that insists that this is a great way to get parties to put more women on the ballot, I remain unconvinced.

Part of the problem is that this is trying to impose a top-down solution, which defeats part of the purpose of how our system is supposed to work. Candidates are supposed to come from the ground-up, and candidates should be chosen by the local grassroots, which means giving them tools to help recruit more women (and other minorities). That means removing barriers on the ground, whether it’s being persistent in asking them to run (there is research that shows that you need to ask women an average of five times before they’ll say yes – a strategy the federal Liberals successfully adopted before the last election), or arranging childcare, or ensuring that your local fundraising networks aren’t excluding them because many women candidates don’t have access to the same kinds of networks. It means organizing on the ground, not simply naming or nominating women candidates from on high and expecting people to vote for them.

I will grant you that the New Brunswick Liberals think they’re being clever by tying the increased per-vote subsidy to women as a tactic that would incentive parties to run them in ridings where they’ll get more votes rather than in no-hope ridings (because it’s true that simply offering financial incentives or penalties based on the percentage of women running often results in women carrying those no-hope ridings), but it still smacks of a top-down solution that will result in accusations of tokenism – that they’re only running women so that the party gets more money rather than because she’s the best person for the job. Top-down impositions based on perverse incentives can’t and shouldn’t be the answer. The answer should be proper grassroots engagement and understanding the barriers women face so that they can be removed at the ground level. If we can do that, combined with getting a greater number of straight white male incumbents to step aside to give more space to women and minority candidates to take their places, we’ll find a better and more sustainable engagement with the system.

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