Roundup: Going around the rules

So there were shenanigans in the Senate yesterday, the result of a confluence of a number of factors. Some of them are longer term – the terrible manner in which Harper has made his appointments has left a large cadre of Conservative senators who feel beholden to him and his largely imaginary whip. There are exceptions to the rule, but there are a lot of Senators right now who still feel they need to follow the PM’s rule because he appointed them, and that’s simply not the case. It was just a sensibility encouraged by the Senate leadership on the Conservative side who had far too many newbie senators in place at once. Then there’s the problem of the bill itself. The PMO has ruled they want to see this go through – never mind that it would create a giant bureaucracy at CRA, and that it could have “staggering” compliance costs for mutual funds and other organisations beyond the unions it’s targeting. It’s also a constitutional overreach because labour relations are a provincial jurisdiction, but the government wants this through because they see unions as a big threat to them. It never should have been a private members’ bill, but that was how they introduced it, and got it past the worst of the scrutiny on the Commons side because of automatic time limits. The Senate recognised it as unconstitutional and a threat to labour relations in this country, and even a number of Conservative senators opposed it. Led by Hugh Segal, they voted to amend the bill to near uselessness and sent it back to the Commons – but then prorogation happened, and the amendments were undone when the bill reset (thanks to Senate rules). In the interim, Hugh Segal retired, and Marjory LeBreton stepped down as government leader, almost certainly because of the caucus revolt over the bill. The Conservative senators sat on the bill for months before the PMO decided it wanted them to try and pass the bill. The Liberals, as is their right, filibustered. And they have the provinces on their side – seven provinces representing more than 80 percent of the population are opposed to the bill, and the Senate has a regional representation role. Things came to a head yesterday when the Conservatives tried to break the filibuster by trying to time allocate the bill – something they can’t do under Senate rules, and when the Speaker said no, the Conservatives challenged the ruling – something they can actually do under Senate rules. Kady O’Malley explains some of it here, and I responded with a Twitter essay.

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Roundup: So long for the summer, MPs!

Ladies and gentlemen, the House has risen for the summer. Let us rejoice! The Senate, however, continues to sit, likely for another week or two, as they clear the remaining bills off their plates before the recess and likely summer prorogation. (And yes, I’ll be recapping Senate QP for the duration).

Marking the last day was the escalation of the transparency game, where the NDP finally unveiled their own transparency plan, which basically proposes to dismantle the Board of Internal Economy and replace it with an independent oversight body. The proposal was agreed to go to study by committee before the House rose. While the goal here is to end the practice of MPs policing MPs, there is a danger in that by absolving themselves of their responsibilities, they are on the road to a kind of technocratic system that has little accountability. It should also give one pause – if Parliament is indeed the highest court in the land (and it is), what does it say that those who make up its occupants cannot be counted on to hold themselves to account. It would seem to me that simply demanding a greater standard of transparency would have gone a long way to solving the issues inherent with MPs policing themselves than a wholesale overturning of the system.

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QP: Starting off the new parliamentary year

The first QP of 2013, and all leaders were in the House — even Bloc leader Daniel Paillé in the diplomatic gallery. Thomas Mulcair started off by wishing everyone a productive session before he read off a pro-forma question about the mission to Mali. Harper offered him assurances that there would be no combat mission and that he would consult the House before any future deployments. Next up, Mulcair read off a pair of questions about the First Nations, and why progress on their issues was so slow. Harper assured him that they were moving ahead with the issues, and that processes were in place and they would continue to work with those partners who were willing (this being the key phrase the government has been employing of late). Romeo Saganash was up next, and gave the vague threat that they didn’t need the government because he has a Private Member’s Bill on implementing the UN Declaration on the Rights of Indigenous Peoples — err, except that he’s number 167 on the Order of Precedence, and it’s the job of the opposition to oppose, and not to govern. It’s called the Westminster system, which he may need to read up on. John Duncan offered up a bland list of achievements by way of response. Bob Rae then got up for the Liberals, and pressed about the signing of the Declaration, and that the government has been insufficient in its consultations with First Nations. Harper disputed this, stating that the government has met all of its legal obligations and their duty to consult. For his final question, Rae asked about the role of the Parliamentary Budget Officer, to which Harper reminded him that his government created the office to be non-partisan and credible.

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