It’s not the first piece that raises these questions, and I’m sure it won’t be the last, but I am starting to become a bit weary of the constant think-pieces that considers it a terrible woe that Justin Trudeau is putting smart and accomplished people in the Senate without the yoke of party discipline to constrain them. And lo, Chris Waddell’s over on iPolitics raises many of these same questions, worried about the lack of a democratic mandate (hint: It’s something called Responsible Government) and being fuzzy on the way the Senate actually operates.
Do Canadians want a more activist Senate composed of people who, while accomplished, have no democratic mandate to act? Do we want to see anyone who was not elected to office regularly rejecting or amending legislation passed by elected representatives? If so, on what basis should they do that? Their personal opinions? The views of others? If so, whose views?
In short, a) the democratic mandate comes from the constitution and our system of Responsible Government, where the government that holds the confidence of the Chamber can make such appointments and be responsible for making them; b) This fear that the Senate will suddenly start rejecting bills is nonsense. They’re aware of their role and the fact that they’re not elected, and they tend to exercise their powers with a little too much restraint if you ask me; c) They should do so on the basis of the constitution and whether it’s bad legislation. And yes, elected representatives do pass bad bills where Senators actually read them and find out that hey, it’s a bad bill and needs to be either amended, delayed, or outright stopped; d) Why does a party whip make the Senate rejecting or amending bills any more legitimate than if they do so on the basis of their lifetime of expertise in a given field or based on concerns that aren’t related to whether it’ll get them elected the next time around? Because seriously, that’s part of what “sober” in “sober second thought” means – having a more critical eye that isn’t just about trying to appease the public for short-term electoral gain when there could be bigger things at stake.
Senators don’t just review legislation. They can introduce bills as well — but without a party infrastructure to push such bills through the Senate and then get the attention of the Commons, how many of those bills will be debated in the House, let alone passed?
Yes, they can introduce bills, but they tend to introduce very few, and even fewer of them get very far because they are at the bottom of the list of the Senate’s priorities. And they can get into the Commons by the very same process they do right now – an MP sponsors it, and it goes through on the Order of Precedence. Party infrastructure has nothing to do with it (though the Conservatives did try some shenanigans by all signing up to sponsor Liberal Senate bills in the hopes of delaying and killing them, only to attach their names to bills that were never going anywhere and could backfire on said MPs in that it looked like they were putting their names behind things like stopping the seal hunt, which is political poison). Senate bills are considered Private Members’ Business. This isn’t rocket science.
Once appointed, senators can self-identify the issues they want to pursue in office. Simply by doing that, they make travel costs and expenses incurred in pursuit of those issues Senate business — expenses they can claim, in other words. But those issues are never earmarked by elected officials — so what makes them important enough to be paid for by taxpayers?
Despite the attention paid to Senators’ expenses of late, I’m not overly moved by this line of concern. Without electoral constituencies to concern themselves with, Senators adopt causes, and those causes usually wind up being reflected in committee studies, bills, and reports. And as we’ve found, from both Justice Binnie’s report and the Duffy trial, there are questions raised when Senators start claiming anything as “Senate business,” and yes, there is much more transparency now than there was before, and more rules and reporting yet to come.
Perhaps the fact that we lack answers to these questions of substance is the reason why the Trudeau government has passed just one bill through the Commons for Senate consideration in the five months since it was elected — legislation tabled last December giving it the authority to spend money.
Nope. Nope, nope, nope. This is utterly specious. The government has only passed one bill because they’ve only introduced seven thus far, and are taking them one at a time. That bill was spending estimates, and it had to go through, and lo, the Senate found that the Commons ballsed it up by sending an incomplete bill to them, missing the actual spending schedules. You know, doing their job of oversight when MPs couldn’t be bothered as they passed it at all stages in the span of a few minutes. So if anything, it’s a sign that the Senate is necessary and doing their jobs. Can we please stop this insistence that the only way we want smart and engaged people to have a hand in the parliamentary process is if it’s under the whip? The Senate isn’t a confidence chamber. The pundit class should know these basic facts.
Continue reading →
