Roundup: Senator Greene’s grievous error

The strange fascination with Senator Stephen Greene’s ouster from caucus has consumed far too much time and attention, and yet things keep cropping up that demand a response. Today it was his op-ed in the National Post describing what happened, and then he dropped this little gem at the end of his piece.

No. Greene is completely and utterly wrong.

The Senate may not be the confidence Chamber – that is rightfully the House of Commons – but that doesn’t mean that the Senate doesn’t play an accountability role because the whole point of Parliament is to hold the government to account. The Senate is part of Parliament. This is elementary civics for a Westminster democracy.

The way in which the Senate exercises its accountability role is different from the Commons, but it exists nevertheless. It’s not a copy of the Commons’ processes either, nor can it be redundant because composition matters. Sober second thought is actually a form of accountability that relies on checking government legislation from a less partisan lens that is removed from the grasping for votes that afflicts most MPs, for whom populist considerations can blind them to bad policy – something the Senate can call out by virtue of the fact that they’re not seeking re-election.

That institutional independence – not seeking re-election, tenured so that they can’t be easily removed by the government of the day, given job security until age 75 so that they’re not compromising themselves in seeking post-Senate employment – it all adds up to the ability to hold the government to account in a way that the House of Commons simply cannot do. That’s why the Senate has the unlimited veto power that it does – because sometimes a government with a majority will pass blatantly unconstitutional legislation because it’s politically popular to do so, but as we all know, populism is not democracy, and the Senate safeguards that principle. That is an accountability function.

That Greene is unable to make that distinction is a problem, and it’s especially a problem because he’s been leading the charge with the modernisation push in the Upper Chamber, and his is a vision that is looking to see partisan caucuses diminishing. As I’ve said on numerous occasions, the ability to have a coherent opposition in the Senate is a key Westminster feature and a guarantor off accountability, which simply cannot be done effectively if the Chamber is a collection of 105 loose fish. That the Senate is more vigorously examining and amending legislation now is not a bad thing, but we are probably at the peak of what we can or should be expecting in terms of activism without senators engaging in overreach. But to think that this isn’t accountability is simply ignorant.

Continue reading →

Roundup: The Meilleur problem

The feigned outrage over Madeleine Meilleur’s nomination as the new Official Languages Commissioner, combined with the disingenuous concern over the search for a new Conflict of Interest and Ethics Commissioner, is really starting to annoy me – particularly because of the way in which things are being spun, and the abject hypocrisy of it all. As for Meilleur’s surprise that this has become an Issue amidst a snake nest of partisans looking to stir things up and try and throw as much mud on the PM as they can, I have to say Oh, come on. You were in Queen’s Park. You know that they’ll play politics over this. Because seriously.

To start with, I will take note of Meilleur telling an interviewer that she had initially thought about applying to be a Senator to continue to contribute to public life now that she had resigned from Queen’s Park. While I continue to object to the self-identification process that this government has put into place (because why not try to get every narcissist in the country to hand in a CV?), the fact that she was told by the head of the selection committee that recent politicians were verboten in the “newly independent” Chamber is kind of infuriating. Why? Because the Senate is Parliament’s institutional memory. It’s a Good Thing to have some experienced political players in there, from both federal and provincial sides, so that they can be of use to Parliament as that institutional memory. That Trudeau seems keen to destroy that function of it is a problem.

As for Meilleur meeting with Gerald Butts and Katie Telford, I’m far less sold that this is somehow suspicious partisan work. They are contacts she had from their mutual time at Queen’s Park, and she was looking for ways to contribute, and hey, they’re people who would have some ideas. You realise that trying to make a Thing out of it is childish, right? Is the fact that she was once a provincial Liberal a problem for the job? Perhaps, if she didn’t have the qualifications for it. But by all accounts, she is more than qualified, which makes the partisan gamesmanship all the pettier. And to hear the party that appointed Vic Toews to the Manitoba Court of Queen’s Bench rail on about how terrible this is, I have little patience for their arguments.

Meanwhile, as for the Conservatives’ demands that the process for the new Ethics Commissioner be turned over to a third party, I have a couple of things to say: one is that this is a democracy and not a technocracy, so stop trying to offload political decisions to outsiders; two is that you get to hold the government to account for the choices that are made; and three, demanding a retired judge make the selection, when the criteria specifies that the new Commissioner should be a former judge or head of a tribunal, you’re just creating a new conflict of interest because you’re asking said judge to appoint a former colleague. How is this any better? Seriously, do you people not stop to think for one second about your supposed attempts at being clever? Honest to gods, you people.

Continue reading →

QP: Woe be Vegreville

With the PM away and Rona Ambrose already gone, the Conservatives surprisingly led with Shannon Stubbs, who railed about the plans to close the Vegreville immigration processing centre, in light of revelations of costs associated. Ralph Goodall took this one, noting the difficulty in filling current vacancies in the centre, and that the new centre in Edmonton would double its capacity. Stubbs angrily insisted that the government had lied about the costs, but Goodale insisted that the issue was capacity. Stubbs accused the government of punishing a small town with a Conservative MP in favour of moving it to a Liberal riding, but Goodale stood firm. Gérard Deltell got up next and railed about the government cutting tax credits, to which Scott Brison reminded him that their tax measures helped those who needed it the most. Deltell tried again, railing about the transit tax credit loss (seriously, it was bad policy no matter which way you slice it), and Brison listed the good economic news since the Liberals took power. Thomas Mulcair was up next, and in French, concerned trolled that Bardish Chagger wasn’t up to picking a new Ethics Commissioner. Chagger reminded him of the open and transparent process in place. Mulcair switched to English and wondered what the Liberals would think if Stephen Harper called on Paul Calandra to choose a new Commissioner, but Chagger repeated her answer. Mulcair then turned to the issue of the Official Languages Commissioner, and wondered in what role Gerald Butts communicated with Madeleine Meilleur before her appointment. Joly noted that candidates were vetted and interviewed after a rigorous process and that she spoke with other parties who agreed that she had credentials. Mulcair tried again in French, and got the same answer.

Continue reading →

Roundup: The good and bad of new Senate rules

The Senate adopted a change to their rules this week, which changed the definition of a caucus so that it no longer depends on being affiliated with a party registered with Elections Canada, but can instead be any nine senators who want to affiliate themselves. The immediate upside of this is that it formalizes the break between the Conservative and Liberal duopoly that has dominated the Chamber for much of its history, and will grant actual formal status to the Independent Senators Group that the majority of the crossbench appointments have affiliated themselves with. Breaking the duopoly is good, because some of the past abuses in the Chamber were enabled by it – why come down hard on the rules when you’ll be the one to benefit from them next, when it’s “your turn” after all?

But where things go from here is where things get a bit more fraught. Senator Peter Harder, the Government Leader – err, “representative,” is pleased as punch by this development because it creates more independence that moves in line with his vision of a chamber without partisan affiliation, where he can then recruit and co-opt senators to his caucuses at will. The notion that it gives senators the freedom to associate themselves in whatever configuration they choose – and usually people’s first idea is on regional lines – is fraught because it takes apart the Westminster model of government and opposition, which is fundamental to our system of government. The ability to have a coherent opposition is an important one, and if the Senate breaks up into interest groups, that makes coherent opposition more difficult, and generally makes it more difficult to hold a government to account – especially if those interest groups start agitating for their own particular special interests rather than having a big enough tent to encompass a multitude of views and regional dynamics within it, like we do now. If we let the Senate devolve into a collection of interest groups, what does that do about its ability to hold government to account, or to actually push back against bad legislation in a coherent manner when it counts to do so? While there is room to grow in the Chamber to permanently fit three or four different caucus groups, we should beware having too many factions. If some of those factions should choose to remain partisan, that shouldn’t be discouraged either – politics is partisan, and the Senate is a political body. That it is appointed, however, means that in most cases, the partisanship is more muted because they aren’t vying for re-election, which is as it should be. But while there are positive outcomes from this rule change, we should keep an eye on it so as to ensure that it doesn’t become abused, especially by those who would exploit the lack of coherent opposition for their own benefit.

Meanwhile, Paul Wells has a good read on the Senator Stephen Greene ouster, and how the two approaches to dealing with this new independent Senate – charm from Trudeau, discipline from the Conservatives – isn’t really working.

Continue reading →

Roundup: Not a real QP fix

Earlier in the week, the NDP put a motion on the Order Paper that they plan to use for a future Supply Day. The text of it, presented in the NDP House Leader Murray Rankin’s name reads as thus:

May 9, 2017 — Mr. Rankin (Victoria) — That Standing Order 11(2) be replaced with the following: “The Speaker or the Chair of Committees of the Whole, after having called the attention of the House, or of the Committee, to the conduct of a Member who persists in irrelevance, or repetition, including during responses to oral questions, may direct the Member to discontinue his or her intervention, and if then the Member still continues to speak, the Speaker shall name the Member or, if in Committee of the Whole, the Chair shall report the Member to the House.”

As Kady O’Malley points out, this would actually be a binding Supply Day motion, as it involves the Commons moving changes to its own rules, and the effect of which is to give the Speaker much more power to police answers given by enhancing the orders around irrelevant or repetitive answers. And on paper, it sounds great. I’m just not sure that this will work in practice.

For starters, this is attacking a mere fraction of the actual problem that we face in the House of Commons. It’s not just the answers that are lacking – it’s the questions (which are as repetitive and irrelevant as the answers), and in many cases, they’re not actually questions, but meandering speeches disguised as rhetorical questions, or non sequitur accusations for which there can be no answer. Empowering the Speaker alone will not solve the problem – the whole ecosystem in the House of Commons needs to change, which means banning scripts, loosening up the clock, and doing away with the established speaking lists. The rigid structure and scripted nature is now all about creating a buffet of media clips, and simply empowering the Speaker to compel answers by means of naming and shaming is not going to fix the underlying problems.

The second problem is that this is something that can very quickly be abused. In fact, you can guarantee that if this were implemented that the very first series of questions that the Opposition would ask would be a trap for the Prime Minister – as much of a trap as their constant questions on Wednesday about the Ethics Commissioner investigation were. That Trudeau refused to step into said trap was a political calculation that has endeared nobody in the whole sordid affair, and everyone came off looking petty. Compelling the PM to walk into traps on a daily basis will quickly become a major problem.

A third major concern is that enforcement of this rule change is going to cause all manner of problems if the opposition doesn’t see the Speaker enforcing this to their liking. Accusations of favouritism or partisanship will soon flow, and there will be tears and recriminations. Nobody will win. So while I appreciate the sentiment of this motion, and would agree with it to a very limited degree, until we get the bigger and more important changes, this simply becomes a bigger problem than the one they’re trying to solve.

Continue reading →

QP: Refusing an answer

On a busy caucus day, with most of the benches full, it was a question as to how much cheap outrage would be wrought in QP. Rona Ambrose led off, railing about the Infrastructure Bank, to which Justin Trudeau insisted that people were eager for infrastructure investment. Ambrose moved onto Bombardier and the loan given to them despite the misgivings about their governance. Trudeau noted that they gave a repayable loan I order to guarantee good paying jobs. Ambrose changed topics again, denouncing government plans to gut a private member’s bill on bail reform (which, I will note, the legal community is against), and Trudeau insisted that he felt for ten widow of the constable the bill was named after, which was why he was pleased the committee took the study of the bill seriously. Ambrose was outraged, but Trudeau reiterated his response. Ambrose gave it an angry third try, but didn’t get a different response. Thomas Mulcair was up next, worrying about media reports that a former Ontario Liberal cabinet minister was going to be named as the new Official Languages Commissioner. Trudeau noted that there was an independent process, but didn’t confirm or deny the story, only that there would be an announcement in the coming days and weeks. Mulcair tried again, got the same answer, and then moved onto the job postings for the Infrastructure Bank, which has not yet been created. Trudeau simply talked about the need for new infrastructure, but didn’t address the concerns. Mulcair railed about the problem, and Trudeau noted the broad consultations that they undertook with the design of the Bank.

Continue reading →

QP: Rage over $2000 worth of cardboard

With the weather finally taking a turn for the better, and the floodwaters across the river receding, things in the House of Commons carried on in the usual fashion. Rona Ambrose led off, wondering why the Infrastructure Investment Bank was necessary. Trudeau pointed out how they had consulted widely on the Bank, and that it was going to be helpful for growth. Ambrose called it a vanity project to help Bay Street and Wall Street friends, and made a dig about Broadway tickets along the way, and Trudeau reiterated the points about the need for infrastructure projects like the Bank would help provide. Ambrose brought up potential conflicts with the Bank, and Trudeau rebuffed by slagging off the previous government’s underfunding of infrastructure. Ambrose took another dig at the Broadway tickets, and Trudeau expounded on how great and important the play “Come From Away” is. For her final question, Ambrose asked about the government ordering cardboard cutouts of the PM — and made a bunch of lame puns along the way — and Trudeau said that individual missions abroad make their own decisions. Thomas Mulcair was up next, worried that the government hadn’t spelled out how private investors in the Infrastructure Bank would profit from their infrastructure. Trudeau talked about the great things that the Bank could invest in, but didn’t specify that there would be tolls on everything. Mulcair wondered how the Liberals would have reacted if the Conservatives promoted the idea, and Trudeau insisted that they consulted widely on the Bank, not just hedge funds. Mulcair changed topics and worried about tech stories that it was Jared Kushner who reached out to Trudeau to convince President Trump not to rip up NAFTA. Trudeau reassured him that they were working to strengthen trade and relations with the Americans. Mulcair went onto suggest that Trudeau was taking orders from Kushner, and Trudeau insisted that he was doing everything he could to resolve issues like softwood.

https://twitter.com/aaronwherry/status/862011491431665664

Continue reading →

QP: Questionable claims about Sajjan

For Star Wars Day (“May the 4th be with you”), it was unfortunate that the prime minister was absent, as he was busy meeting his Irish counterpart in Montreal.

Rona Ambrose led off, reading some sanctimonious disappointment in the defence minister. Harjit Sajjan noted that he apologies, and launched into a sales pitch for his forthcoming defence review.

Ambrose railed that Sajjan behaved like a politician — because that’s what he is — but Sajjan stuck to assurances that he was looking after the troops. Ambrose turned to tax benefits for those serving in Kuwait, and Sajjan said that they would ensure that they would have the necessary benefits owed to them and they were ensuring fair compensation rules were in place. Ambrose accused him of misleading the House on the issue, and Sajjan spoke about fixing the immediate problem, and there was a difference between tax-free benefits and hardship allowance. Ambrose then turned to defence funding, and demanded Sajjan’s resignation. Sajjan said they were putting the Canadian Forces onto a sustainable footing. Ambrose cherry-picked past defence spending of the previous government (ignoring that many of those procurements, like the helicopters, were badly bungled), and Sajjan expounded upon the non-partisan advice they got on the defence file and that they were moving ahead to recapitalise the Forces.

Nathan Cullen led off for the NDP, but when he talked about the government “polishing a turd” of political fundraising, the Speaker was unamused and went to the next name on the list.

That was Alexandre Boulerice who railed about finalising rules, and Karina Gould assured him they were tabling rules for more transparency. Boulerice then railed about handcuffing the PBO, and Bardish Chagger said they were making him more independent but were open to amendments. Cullen was back up to ask the same in English, and Chagger repeated her answer.

Continue reading →

Roundup: Not the cures for what ails the Commons

The latest round of Barish Chagger versus the opposition House Leaders started up yet again yesterday, and while my thoughts will be out in my next Loonie Politics column (up later today), I figured I’d take the opportunity to respond to Andrew Coyne’s musings about this latest round.

To wit, of his seven proposed reforms, Coyne only gets about three of them right – re-empowering the Speaker with regard to doing things like splitting out omnibus bills, restoring the various party caucuses’ ability to choose their leaders rather than the party memberships, and to ban scripts from the House of Commons (while ripping out the desks and implementing benches instead, Westminster-style), and letting the cameras get wide shots and reactions while they’re at it – something I too would agree with.

But then Coyne starts veering off into problematic territory. Turning over control of prorogation to the House of Commons is a Very Bad Idea because it fundamentally undermines the point of prorogation, which is that it allows the government to control its own agenda. It’s not up to the Commons to decide when the government needs to come up with a new list of priorities, and giving them the power to determine when they can hit the reset button throws that relationship out of balance – not to mention the lack of logic in requiring a supermajority to prorogue when they can declare non-confidence with a simple majority. Likewise, limiting the use of confidence undermines the whole bloody system and is utterly boneheaded.

Halving the size of cabinet? While the current Ministry has far less fat than previous ones, I think this has more to do with Coyne’s personal bugaboos about Cabinet construction in Canada than it does the problem with not having enough backbenchers in this country that diminished hope for a cabinet post allows for greater independence. Insisting that ministers answer questions put to them rather than fobbing them off to a junior? It’s less of an issue now than it used to be, but while we could theoretically empower the Speaker to insist, I worry that this becomes open to abuse (not to mention the fact that their refusal to answer is fodder for We The Media in holding them to account).

Of course, Coyne caps it off with his biggest eye-roller of all – that proportional representation will be the cure for all of our parliamentary ills. It won’t be of course, and will simply create a host of new problems (the extent of which depends greatly on just how the proportional system is constructed), but we’ve had experience with minority parliaments before. It didn’t make MPs more cooperative – it simply entrenched positions even harder, which a state of permanent minority or coalition government is all the more likely to do. So while Coyne is on the right path on a few ideas, his problematic or outright dangerous ideas outweigh the good.

Kady O’Malley, meanwhile, goes through a point-by-point deconstruction of the complaints that Michelle Rempel made over Twitter on Sunday night with regard to what she felt the imposition of a weekly Prime Ministers Questions would do, particularly around the media cycle, and while I’m no real fan of imposing a PMQ here (precisely because the rest of our debating culture is so bastardized that it would just make these problems even worse), O’Malley makes some particularly good points about why the opposition shouldn’t be overplaying their hands on this one.

Continue reading →

Roundup: Ontario’s “basic income” scheme a bit suspect

The province of Ontario decided that it was going ahead with a three-year pilot project around basic incomes in three municipalities around the province – Hamilton, Thunder Bay, and Lindsay, each testing different circumstances and local conditions. But there are problems with the way this is all designed, which Kevin Milligan (who has been studying this issue) outlines:

https://twitter.com/kevinmilligan/status/856631472920215553

https://twitter.com/kevinmilligan/status/856694725453139968

https://twitter.com/kevinmilligan/status/856632112035778560

https://twitter.com/kevinmilligan/status/856632918684311552

https://twitter.com/kevinmilligan/status/856633716961034240

https://twitter.com/kevinmilligan/status/856634821199527936

In other words, this isn’t really basic income, which makes it all that much harder to actually evaluate its efficacy, and if it’s not displacing existing welfare or benefit programmes, then it’s not really recouping those costs which makes this hideously expensive. And that’s really been the biggest problem with basic income proposals – the cost. While the idea is that they would displace current benefit programmes, there is less money to be had in cutting the red tape and bureaucracy than one might think, and I’m pretty sure that Bill Gates’ idea of taxing robots to pay for basic income for the workers they displace isn’t really feasible either.

Oh, and then there are the political considerations.

With an election not too far off in this province, we’ve seen a few moves by this government to try and out-left the NDP in places, hoping to cobble together the same sort of winning voter base that they managed to in their last election, and which their federal counterparts similarly managed in 2015. While I get the merits of basic income, I remain dubious of its feasibility, especially when this pilot project appears to be so poorly designed. But then again, I’m not an economist.

Continue reading →