The following article on parliamentary reform by Bill Blaikie was published in the National Post on October 21, 2000:
Talk about parliamentary reform is in the air once again, as it has tended
to be on a repeating occasional basis ever since I was first elected in
1979. During this time there has been only one truly serious attempt at
authentic reform, in the period of 1984-85, when many recommendations of the
Special Committee on the Reform of the House of Commons were implemented.
The special committee was chaired by James McGrath, then MP for St. John's
West.
The purpose of the so-called McGrath reforms was "to restore to private
members an effective legislative function, to give them a meaningful role in
the formation of public policy and, in so doing, to restore the House of
Commons to its rightful place in the Canadian political process." The
organizing insight for the McGrath reforms was the need to reduce the role
of party discipline in the House, and in committees.
In the House, this meant rethinking the confidence convention, whereby a
government is said to be "defeated" if it loses a vote on a bill, or motion,
and an election must happen. To this end, all the language of confidence was
taken out of the standing orders. But at the end of the day, what was
needed, what was essential, as far as the McGrath committee was concerned,
was a change of attitude, on the part of governments, of all political
parties, and on the part of the media. Difference of opinion, within limits,
would need to be seen as healthy and democratic, rather than as fodder for
accusations of destructive division or challenges to leadership. The idea
was to permit a much wider range of issues on which there would be free
votes. This has not happened.
In committees, reducing the role of party discipline was to be accomplished
in a number of ways. Parliamentary secretaries were to be removed from
committees, the whips were to lose their power to arbitrarily change
committee membership, and the chairs of new committees set up to deal only
with legislation were to be selected from a panel of chairpersons made up of
well-respected MPs from all parties.
Parliamentary secretaries to Cabinet ministers tend to act, pejoratively
speaking, as government agents on committees. They monitor and direct the
government members, making sure that independent critical views are
suppressed. And if they don't succeed, the whip has the power to remove the
government member or members who persist in their critical stance. The
McGrath reforms went after this dynamic. Get rid of the government agent,
and eliminate the power of the whip to replace committee members who were
not being the good little boys and girls that they were appointed to be.
In 1985, the parliamentary secretaries were removed. But the power of the
whips was never reduced, and so if a committee got out of line, what are
known as parliamentary goon squads were employed. All the regular government
members in a committee are summarily removed, and replaced with voting
machines who know nothing about the subject the committee has been
concerning itself with. Within a few years, the parliamentary secretaries
were put back on the committees. And the idea, indeed the practice, of
committees being chaired by more than just government members, died with the
breakdown of the system that had legislation being dealt with by special
committees. Legislation, the most difficult job of committees, went back to
being dealt with by standing committees with partisan chairpersons,
domineering parliamentary secretaries, and the ever-watchful whips. This is
the system in place today.
What is needed, still, is a system that puts the government members on
committees, in the short term, beyond the disciplinary glare of a
parliamentary secretary, and beyond the instant punitive reach of the
government whip. They should be appointed for the duration of a session, or
even of a whole parliament, and be able to organize their own replacements
in their unavoidable absence.
In the long term, independently minded government MPs cannot be protected
against a vengeful prime minister, unless there is a change in prime
ministerial attitude. Or, unless we change our parliamentary system to
redistribute much of the appointing power that now resides exclusively with
the Prime Minister and his office, with respect not just to parliament but
to all the ways that the power of prime ministerial appointment can make
ordinary acts of dissent look like possible career-ending events that damage
both the present, and probable or desired futures.
Having said this, there is one ingredient that cannot be created by virtue
of any combination of parliamentary reforms. I speak here of personal
political courage, and the fact that, collectively speaking, government
backbenchers have it within their power already to act independently, and to
seize the power that is rightfully theirs. All they need to do is exercise
it, and stick together. Procedurally, they have already been led to water.
But they cannot be made to drink. This is easier said than done of course,
as agreeing on what issue to exercise their power would be difficult, even
if the will was present. What is more realistic, but still ever so
difficult, is creating the conditions that would permit individual MPs to
drink from the waters of parliamentary freedom in a way that didn't
guarantee it would turn out to be a poisoned chalice.
Returning to some of the insights and the recommendations of the McGrath
committee wouldn't be a bad place to begin, again.
Bill Blaikie was Vice-Chairman of the McGrath Special Committee on Reform of the House of Commons, and he is the only member of that committee still in the House.
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