Tag Archives: Procurement

Roundup: The question of the Speaker

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The mounting speculation in BC is now starting to focus on the race for Speaker in the legislature – or rather, the lack of a race. Word has it that the Liberals plan on putting no one forward, and the NDP/Greens are making similar noises as well. The lack of a Speaker could mean that the legislature winds up being dissolved and heading back to an election, as precedent from Newfoundland would indicate. But if, by some miracle, the Lieutenant Governor manages to cajole the legislature into at least trying to attempt to elect a Speaker (by trying to avoid a new election at all costs), then there is the possible situation that the Liberals could put forward one of their own, and if Clark is defeated on a confidence vote, have that Speaker then resign and force the NDP to put forward one of their own, which again shifts the balance to 43-43, and possibly hastening the demise of a possible NDP government.

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What this means is that Christy Clark is not out of cards to play yet, and that no these are not tricks or games – they’re legitimate exercises of parliamentary authority, and I cannot stress enough that Clark is a very skilled retail politician. She has made the right moves about sounding like she’s willing to do a spell in opposition, and that she’s not looking to go to an election right away, but she can very easily turn around and say that she tried to be reasonable and they didn’t take yes for an answer on any number of issues, and the deadlock would quickly turn into dissolution where she has an NDP-Green agenda laid out before her that she can pick apart in an election campaign. Any suggestion that she simply bow out gracefully and turn over the keys remains premature, and the insistence that an NDP government is inevitable is counting chickens before they’ve hatched. Just because most of the pundit class doesn’t have an understanding of how the system works and the options available to Clark, doesn’t mean that she’s done for. I suspect there will be many surprises left to come, all sold with her skill and charm.

Meanwhile, Clarks’ former press secretary notes that the deal the Green signed actually weakened their ability to exert influence. Andrew Coyne pens a satirical letter from “political strategists” offering cynical (but not necessarily wrong) advice. Colby Cosh looks at the looming Speaker drama and the many other hurdles that would wreck an NDP government, giving it 22 months.

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QP: A failed gotcha moment

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With the PM flying back from Italy, Andrew Scheer was still left waiting for his sparring match with Trudeau despite being fired up on caucus day. Scheer led off, mini-lectern on desk, reading the accusation that the Infrastructure Bank was to be used for buying favours of friends. Amarjeet Sohi responded with his well-worn reply that the Bank would free up capital for communities to spend it on other needs. Scheer worried that taxpayers would be left on the hook when loans couldn’t be repaid, and Sohi assured him that only projects in the public interest would go ahead and that they ensured accountability. Scheer read some more concern about risk and the government co-signing loans for the one percent. Sohi reiterated his previous points. Scheer then switched to French to lament the nomination of Madeleine Meilleur, and Mélanie Joly reiterated her usual points about Meilleur’s qualifications. For his last question, Scheer railed about Karla Homolka being found volunteering at a school, and Ralph Goodall fielded the question, noting the robustness of background checks. Thomas Mulcair was up next, railing about Meilleur and demanding a parliamentary inquiry into her appointment process, and Joly gave her standard reply. When Mulcair insisted that there were too many conflicts of interest, Joly noted that committees are independent, and reiterated previous points. Mulcair then changed topics, and demanded a free vote on adopting the Electoral Reform committee report. Karina Gould said it was surprising that the NDP wanted to adopt the report considering that they didn’t even agree with it. Mulcair then changed to the issue of KPMG, and Diane Lebouthillier noted investments in cracking down on tax evasion.

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Roundup: The difficulty with tracking spending

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The Parliamentary Budget Officer’s latest analysis shows that it’s difficult to track budgetary spending commitments because they don’t often line up with the Supplementary Estimates. And yes, this is a problem. The solution is something that the government has already committed to, which is to reform the Estimates process. Right now, it is out of sync with the budget, where the Estimates need to be out before the beginning of the new fiscal year, but there is no set time for the budget to be released, meaning that the allocation of budget dollars happens before Parliament sees the budget. Later allocations to match the budget are supposed to then show up in the Supplementary Estimates, but as the PBO shows in his analysis, that’s hard to track. And even harder to track is whether those Estimates wound up being spent properly because the accounting systems used between the Estimates and the Public Accounts at the end of the fiscal year no longer match up, so tracking those dollars is also near-impossible. This has been an ongoing problem for decades, and the Liberals were elected on a promise to fix this problem. They have started to, but in recent months, the Treasury Board president, Scott Brison, says he has encountered resistance from the civil service when it comes to how they time things, and he’s trying to fix it. So that’s the hope, anyway.

What I hope comes from this exercise, however, is increased pressure on Brison and the government to carry on with reforming the Estimates cycle so that it better matches the budget cycle, and that the Estimates match the Public Accounts at the end of the year so that money can actually be tracked. What I hope doesn’t happen is for this to turn into calls to turn over yet more power and authority for scrutinizing the estimates to the PBO because that’s the whole raison d’etre of MPs, and they should be demanding that it be in a format that they can use and understand.

And while we’re on the subject of the PBO, here’s Kevin Milligan on the proposed amendments to the new PBO legislation, and why he still has concerns (as I do) about creating a massively powerful Officer of Parliament with no oversight or accountability.

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QP: Not taking yes for an answer

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Scheer’s second day in the Commons as leader, and the PM was still in Italy. Even Speaker Regan was away, and it was Deputy Speaker Stanton in the chair instead. Scheer led off worrying about the TransMountain pipeline in the face of a potential NDP government in BC — never mind that the PM already told the press earlier that it was going ahead regardless. Jim Carr reiterated that same point in his reply, but Scheer was unconvinced, railing about how Northern Gateway was also approved at one point before it was cancelled (which isn’t exactly how things happened). Carr reiterated that the process for TransMountain was exhaustive, and had been approved. Scheer turned to the issue of the Infrastructure Bank, and Amarjeet Sohi insisted that the Bank was necessary to get private capital into infrastructure. Scheer insisted that the Bank was ripe for abuse and corruption, but Sohi reminded him that it would be accountable to Parliament. For his final question, Scheer concern trolled about the nomination of Madeleine Meilleur as Languages Commissioner, to which Mélanie Joly insisted that Meilleur was the most qualified candidate. Thomas Mulcair was up next, and asked about amendments to the PBO legislation. Bardish Chagger read a card about the committee’s important work and that they have accepted a number of their bills. Mulcair ripped into Chagger’s talking points, to which Chagger put down her comments to insist that they listened and have delivered on the amendments. Mulcair then turn to the Infrastructure Bank, wondering about the hands of BlackRock in it, and Sohi listed the great things they could help fund. Mulcair then accused the government of interfering in provincial jurisdiction with the Bank, but Sohi parried, noting it was just another funding option.

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Roundup: Crawling to the finish line

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It’s finally here! The end of the interminable Conservative leadership contest, and its byzantine rules and its ongoing bastardization of the Westminster system’s actual method of selecting party leaders that ensures accountability. No, we are due for yet another presidentalizing leader who has been campaigning on policy planks inappropriately (that is the grassroots membership’s job), and one who could very well have very little caucus support and all of the associated problems that come with that.

But before we get to that final vote tabulation, here we got with all of the pre-analysis and last-minute profiles. Éric Grenier traces the path to victory for the various Conservative leadership candidates, Andrew Coyne remarks that the lack of star power meant debates over ideas (err, not really). Kevin O’Leary’s campaign chair, Mike Coates, walks us through what happened during those five months and why O’Leary dropping out was the best for all involved. Susan Delacourt wonders if the Conservatives will emerge from their time with an interim leader having learned any lessons that the Liberals took almost a decade in opposition to learn.

And then there are the last-minute analyses of the various candidates. John Ivison notes Bernier’s capacity to come back from a past of blunders, along with the lack of policy from candidates like Scheer and Raitt, and Chong’s playing the role of Cassandra. Chris Selley takes a look at O’Leary and Leitch and notes that there wasn’t an appetite for a Canadian Trump-like figure, while Anne Kingston wonders if Leitch’s campaign didn’t actually reveal true Canadian values, that rejected her particular brand of messaging.

Meanwhile, at the “convention” itself, the Conservatives have decided to be petulant and make Liberal observers pay for tickets rather than follow tradition and allow a small number in, in exchange for similar rights at Liberal Party conventions. (The NDP, incidentally, still got free admission for their observers, proving that complete dickishness is still alive and well in the post-Harper era.) Here’s a look at Maxime Bernier’s riding, which is not as big-C Conservative as people might think. Bernier’s campaign took on some of Kevin O’Leary’s campaign staff, and it cost them a lot more money because of the rates they were being paid. Andrew MacDougall wonders if the Liberals will deploy attack ads against the new leader right away just like the Conservatives did to them.

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Roundup: Neglecting our Canadian Sovereign

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It was Victoria Day yesterday, which is a uniquely Canadian holiday that both celebrates the “mother” of Confederation, Queen Victoria, as well as acts as the official birthday of the Canadian monarch (no matter when their natural person’s birthday is). You might find it strange to find that in his message for Victoria Day, the Governor General didn’t reference the Queen of Canada at all, but rather the forthcoming Sapphire Jubilee and her being the first British monarch to achieve it.

Why does this matter? Because the Queen of Canada is a separate legal entity from the Queen of the United Kingdom, and because the holiday celebrated the Queen of Canada’s official birthday. Now, there were quibbles with my tweet pointing out the fact that the GG made the omission, but I maintain that the bigger point stands.

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And Lagassé is correct in that – the emphasis is curious, and part of a troubling trend from the Canadian government, which has only exacerbated since the Liberals came to power.

While the Conservatives did a lot to bring some of the focus back to the Canadian monarchy after a couple of decades of neglect and the conscious effort to “Canadianize” a number of institutions by dropping their Royal monikers (like the Royal Canadian Navy being changed into “Maritime Command” for example, until the Conservatives restored its original name), they too did their own damage to the institution, primarily when they made the utterly boneheaded decision to pass legislation that when it came to changing the line of succession to include female heirs and those who are Catholics, they merely assented to British legislation rather than amending it in Canada. In other words, they turned what was control over our own Crown and Sovereign, and undid all of the progress we’ve made since the Statute of Westminster in 1931, when the Canadian Crown became separate from the UK Crown, and turned us essentially into Tuvalu when it comes to our relationship with the Crown, and thus far, the Courts have sided with the government when it comes to the challenges of this legislation, because the appreciation of the distinction and the role of the Canadian Crown remains largely ignorant to the vast majority of Canadian society, the judiciary included. (Incidentally, that was another bill that the Commons passed at all stages with no debate, and while it was debated in the Senate rather than veto it and tell the government that the proper way to change the law of succession is by way of constitutional amendment).

Meanwhile, the current government hasn’t named a new Canadian Secretary to the Queen since the last one retired, and has been letting the republican bureaucrats in the Department of Canadian Heritage run roughshod over the relationship with the Royal Family. And because the vast majority of Canadians don’t know any better, we’re slowly killing our distinct Crown and turning ourselves back into a mere colony. So yeah, it does matter that the GG couldn’t get this very basic thing right, and we should be upset about it.

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Roundup: Senator Greene’s grievous error

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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.

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Roundup: Premature ministerial assessments

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As we approach the mid-point of the current government’s mandate, we’re seeing a few pieces about how terribly underperforming the cabinet is, and the problem with hiring rookies for the sake of diversity is that they’re basically all incompetent. Given the two pieces we saw over the weekend, from John Geddes and John Ivision respectively, I have to say that I’m a little disappointed in the shallowness of the analysis of both.

Part of the problem is that we don’t often elect a group of subject matter experts and can expect to slot them into cabinet slots and let them thrive. Electoral politics doesn’t really work that way, and this isn’t a technocracy. This isn’t America, and Cabinet posts are as much a question of political management than they are about anything else, and sometimes when you try to slot in someone you think is a subject-matter expert, you wind up with problems. It’s fairly rare that we have health ministers who are doctors, sometimes for good reason, but this government managed to find a good fit with Dr. Jane Philpott, who has managed to deal with some pretty hefty files from the day she was appointed. Appointing a former soldier like Sajjan, however, can be really problematic for the defence portfolio because it creates some awkward expectations, particularly with regard for expectations around the minister’s loyalties (not to mention that it makes a hash of the line we draw in our system between civil-military relations). But that doesn’t mean that putting a young and dynamic go-getter into a cabinet portfolio despite a lack of subject-matter expertise is a no-go. Sometimes a government has limited options when they win power.

I also think that some of Geddes’ analysis was heavy-handed. I doubt that Sajjan will carry this Operation Meduda baggage with him for very long, and I have said time and again that Maryam Monsef was not demoted – she went from a make-work portfolio with a handful of PCO staff to assist her, to a line department with an ambitious mandate. That’s fairly significant. Yes, this government has spent a lot of time consulting, but that has a lot to do with the way the previous government operated, and they came in on a promise of being different. Have things been slow to roll out? Great gods on Olympus yes, have they ever. Does that really amount to a pile of broken promises? No, and I think we can still afford to be patient on a number of files. But I also don’t think that Ivison’s call for prorogation, a complete reset of the agenda and a vast cabinet shuffle are the answer either. I think it’s a vast overreaction to a problem of perception and inflated expectations. Governing is difficult business, and things take time to get right. Just because previous governments rammed things through in haste doesn’t mean that every government needs to, particularly when they have an eye on long-term change.

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Roundup: Your quarterly QP hand-wringing

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After QP started getting rowdy and loud again in the past week, both in the feigned outrage over the calculated overblowing of the Sajjan situation and Trudeau’s Wednesday proto-PMQs that have given the opposition the chance to be extra vocal in expressing their displeasure of him, we have seen the return of the navel-gazing about what to do about QP. Aaron Wherry muses about the lack of answers despite more questions directed to the PM, while Penny Collenette compares the QP flaying of Sajjan to Senator Don Meredith hiding from the public eye to prove the point about how QP is better because it’s public.

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Lagassé raises an important point here – Sajjan is a minister and QP is a forum to hold him to account. Meredith is a senator and not a representative of the government in that chamber. Just as we don’t hold backbenchers up to scrutiny in QP, we also don’t hold individual senators up to the same scrutiny in that Chamber’s version, which is an important distinction. As well, the process around Meredith has been quite public, from the release of the Ethics Officer’s report, to the Ethics Committee’s response and their own report recommending his expulsion (including the legal advice of the Senate Law Clerk). While Sajjan has been exposed to questions about his apparent self-aggrandisement (which, I will remind you, is not actually “stolen valour” as the Conservatives would term it, as that is largely reserved for those who put on a uniform or medals that they didn’t earn – something Sajjan certainly has earned), there has been nothing public in the way of an explanation from Sajjan – only a series of apologies (which, I will grant you, have taken personal responsibility, which not everyone in politics does). While I have a great deal of respect for Collenette, she is comparing apples to hedgehogs.

As for the latest bout of hand-wringing about the state of QP and the terrible decorum in the place, I will point to something that John Ibbitson said on CBC News Network’s Sunday Scrum yesterday – that while MPs could certainly empower the Speaker to crack down harder on it and have him start naming MPs and expelling them from the chamber for their behaviour, MPs don’t actually want to do that. QP is the way it is because that’s what MPs want. I don’t necessarily think it’s a bad thing either – politics needs some theatre, but what we need in this country is some good theatre, rather than this scripted junior high gymnasium play that the history teacher wrote. There are changes that need to happen to make QP better, like eliminating scripts and speaking lists, loosening the clock, and empowering the Speaker to police answers, but so far, MPs have been deaf to those suggestions. So long as they remain so, things will continue in their sad state.

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Roundup: Leaking cabinet confidences is a Big Deal

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I will readily admit that I haven’t been keeping as close of an eye on the whole drama surrounding the suspension of Vice-Admiral Mark Norman from the post of vice-chief of defence staff, and the alleged leaks surrounding the contract to refit a supply ship for our navy (which currently has none, thanks to consistently bungled procurement processes). It wasn’t until this particular walkthrough from Murray Brewster that the elements of the story all started to crystalize, in part because we finally got some more details about just what was being alleged thanks to a judge ordering the release of information. Over the past couple of days, the extent of those backchannel conversations with certain shipyards and their aim – to use media leaks to publicly pressure the government to go a certain route when they were resistant – may seem like pretty insider stuff, but it actually has some pretty broad implications for our entire Westminster-system of government.

While you may have certain pundits who bemoan the case against Norman is thin gruel, especially in light of the whole lack of convictions in the ClusterDuff affair, I have to say that leaking cabinet confidences is probably a little more significant. As noted parliamentary scholar Donald Savoie notes in this piece, Cabinet secrecy underpins our entire system of government because it relies on government to act with one voice, and to stand and fall in unison rather than with ministers as individuals. Cabinet solidarity is a Thing, and it’s an important Thing. Cabinet secrecy ensures that there can be a full airing of views and that it’s not just a focus group for the prime minister, and this extends to the advice that the civil service is able to provide. There needs to be a certain amount of secrecy to that advice so that there can be a meaningful back-and-forth of ideas and discussion before a political decision can be taken, and then held to account.

What Norman allegedly did was to use his position as a servant of the Crown, who swore an oath to the Queen and not the government of the day, to further his own interests. He was taking the political decision, and allegedly leaking those cabinet confidences in order to force the situation toward his desired outcome. That not only violates the roles of the civil service (and military by extension), but it undermines cabinet government. We The Media may grouse about the extent to which things are declared cabinet confidence, but it is important – particularly because this government is practicing cabinet government more than its predecessors have been, or even many of the provinces. I’ve had conversations with current ministerial staff here who used to work at Queen’s Park who have attested that cabinet government is real here, unlike Ontario, where it was all controlled from the centre. Leaking confidences undermines this, and it is a serious matter – not just the thin gruel that some would have us believe.

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