Political-Bureaucratic Relationships and Tensions

Total Page:16

File Type:pdf, Size:1020Kb

Political-Bureaucratic Relationships and Tensions POLITICAL-BUREAUCRATIC RELATIONSHIPS AND TENSIONS IN THE FEDERAL GOVERNMENT OF CANADA By VALENCIA DA SILVA Integrated Studies Project submitted to Dr. Angela Specht in partial fulfillment of the requirements for the degree of Master of Arts – Integrated Studies Athabasca, Alberta August 2010 TABLE OF CONTENTS 1. ABSTRACT..........................................................................................................................3 2. INTRODUCTION................................................................................................................4 Setting the stage ................................................................................................................4 Broader issue of concern...................................................................................................5 Subject of this research study ............................................................................................6 3. RELEVANCE AND VALUE OF THIS RESEARCH ........................................................8 Interdisciplinary nature of the research.............................................................................9 4. LITERATURE REVIEW AND ILLUSTRATIVE CASES..............................................11 5. PROJECT OVERVIEW....................................................................................................25 Description and objectives ..............................................................................................25 Major goals of this study.................................................................................................25 Questions explored and analyzed ....................................................................................26 6. ETHICAL CONSIDERATIONS.......................................................................................26 Participants’ rights and protection ...............................................................................26 Data reliability and protection ........................................................................................27 7. METHODOLOGY.............................................................................................................28 Data collection method ...................................................................................................28 Sampling and recruitment procedures .............................................................................29 8. DATA ANALYSIS AND RESULTS..................................................................................30 Statement regarding data validity....................................................................................30 Survey statistics...............................................................................................................30 Key findings and conclusions on the state of the political-bureaucratic relationship........31 Summary conclusions based on the data..........................................................................37 9. RECOMMENDATIONS ...................................................................................................37 10. CONCLUSION.................................................................................................................40 Strengths and limitations of this study .............................................................................40 Suggested areas for further research...............................................................................41 REFERENCES........................................................................................................................42 APPENDIX A Letter of information and consent form for potential participants ..………46 APPENDIX B Research survey ...........................................................................................50 2 1. ABSTRACT The growing institutionalization of political intervention and sensitization within the public service raises significant questions about the capacity of the public sector to be a neutral entity in the service of the public interest. This preliminary study explores the political-bureaucratic dynamic within the Canadian federal government, with particular emphasis on the implications of political-bureaucratic relationships, interactions and tensions as they affect contemporary public servants and the future of the public service institution. The paper presents a literature review of secondary data sources pertinent to the focus of this study. This is followed by a discussion of findings from a small, non-representative survey of public servants. The paper proposes recommendations for improvements to the governing system and offers some ideas for further research. 3 2. INTRODUCTION Setting the stage The federal public service of Canada is an institution used to working in the midst of tensions. While it prides itself on delivering vital programs and services to Canadian citizens, it also faces frequent public criticism that it is slow, unresponsive, and out of touch. It seeks to hire the best and the brightest in Canada’s labour market, but those same much-sought-after recruits chafe under the rules and regulations that permeate the public sector and keep innovation and risk-taking initiatives in check. The public service has traditionally cultivated a character that encompasses professionalism, non-partisanship, impartiality, ethics, and above all, protection of the public interest, but some of these characteristics face increasing pressure from the juxtaposition of partisan political interests and the greater common good. The public service has two masters: the governing party of the day, which has its political agenda, and the common good, which is far more amorphous but is also the higher incentive that draws many toward employment in the public service. Serving two masters is never easy, but never more so than when the ultimate goals of the two can have tendencies to be contradictory or even incompatible. By serving the elected government faithfully and effectively, public servants are thought to serve the common good by extension as well, but tricky dilemmas arise when the two interests collide against each other. The example most often cited to demonstrate this conflict between political and public interests is the sponsorship scandal of 2002. The Liberal government of the time developed a creditable goal to strengthen Canadian unity and shore up federalist support in the province of Quebec. However, the funding program created to achieve these goals was subject to severe and willful mismanagement by program managers and political officials. The resulting political 4 maelstrom spotlighted issues of both political patronage and challenges for civil servants in regard to keeping said patronage in check. The public outrage over the sponsorship scandal cost the Liberals the ensuing general election, and the victorious Conservatives implemented a Federal Accountability Act that was designed to “change the way the government works” and to “restore Canadians’ trust in government and the democratic process” (Treasury Board Secretariat, 2006) by addressing, in part, concerns about reducing conflicts of interest and increasing transparency in public administration. But the essential underlying conflict between political and public interests was not – and cannot – be solved by enacting laws. This conflict cannot easily be solved by a code of conduct either. The Values and Ethics Code of the Public Service (Canada, 2003) states: “Ministers are responsible for … maintaining the tradition of political neutrality of the Public Service and its continuing ability to provide professional, candid and frank advice” (p. 7) and in turn, “public servants must … maintain the tradition of the political neutrality of the Public Service” (p. 8). But clashes between political and public interests are lived and experienced every day by individual public servants working across a variety of departments, agencies, Crown corporations, boards and commissions, and these conflicts repeatedly put public servants’ integrity and impartiality to the test. Broader issue of concern While coping with the complexities of divergent political and public interests, politicization of the public service – i.e., influence of the political ranks on the functioning of the public service – has come to represent a related and equally important challenge to the traditional neutrality of the public service. Politicization of the public service takes many forms. It can be conceived as politically based recruitment and appointment of senior positions within the public service, such as is done in the United States, where heads of government departments are apt to 5 change with each new administration and where political appointments of the most senior public service positions are an accepted practice (House of Commons, 2007). This, however, is not the case in the Canadian governing system. In fact, some commentators consider that the degree of depoliticization in deputy minister appointments in Canada “is unique among comparable countries” (Gow, 2004, p. 8), to the point of being “anachronistic” (Côté, 2007, p. 7). In Canada, politicization of the public service is seen in the normalization of the once- rare practice of summoning public officials to provide information or evidence to parliamentary committees on behalf of ministers. This practice has sometimes led to the ‘naming and shaming’ of public servants who find that blame for departmental errors
Recommended publications
  • The Unfulfilled Promise of Information Management in the Government of Canada
    DRAFT for discussion only Not for publication without the permission of the author The Unfulfilled Promise of Information Management in the Government of Canada David C.G. Brown Doctoral Candidate, Carleton University Senior Associate, Public Policy Forum Ottawa Abstract The advent of new information and communications technologies in the 1990s gave a more prominent role to information management (IM) as a discipline of public administration, offering the prospect of knowledge-based government in the knowledge- based economy and society. In the federal government, the promise of IM enabled by networked computing and database technologies has been highlighted by the move towards citizen-centred service and the provision of information-based services to the public. There has also been a growing recognition in many areas of government that their knowledge base is a defining element and a significant asset. This promise has not been fully realized, however, for a number of reasons. These include the historical neglect of information and records management in public administration, compounded by the lack of a unified understanding of what those activities encompass or even of how they relate to each other. There has also been a weak recognition and consequent undervaluing of information as a public resource, compounded by increasingly poor management of that resource in the electronic era. Vulnerabilities arise across the board, from the practices of individual public servants to government-wide ‘enterprise’ information architecture. The treatment of IM as a sub-set of the management of information technology has been another limiting factor, as have wariness at the political level and a weak connection to senior public service governance structures and the public sector reform agenda.
    [Show full text]
  • Treasury Board Secretariat
    TREASURY BOARD SECRETARIAT PRESENTATION TO THE COMMITTEE OF EXPERTS OF THE MECHANISM FOR FOLLOW-UP ON THE IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION (MESICIC) FIFTH ROUND OF REVIEW APRIL 25-27, 2017 Values and Ethics, Office of the Chief Human Resources Officer Objectives 1 To give you an overview of the Canadian Federal Public Service 2 To give you an overview of the role of the Treasury Board Secretariat 3 To speak to Values and Ethics in the Public Sector 2 Structure of the Executive Branch Prime Minister Cabinet Cabinet Committees Treasury Board Central Agencies Public Service Commission Privy Council Office Treasury Board Secretariat Hiring Policy Department of the Prime Minister Management Office Staffing investigations Government’s Policy Agenda Budget Office Oversight of Political Activities People Management Departments 3 The Treasury Board Secretariat (TBS) • TBS: – Is a central agency and the administrative arm of the Treasury Board, providing advice and support to Treasury Board ministers by managing TB meetings and providing written advice – Is a department with roughly 1800 employees*. – Is led by the Secretary (deputy minister) and two other deputy ministers: the Comptroller General of Canada and the Chief Human Resources Officer. – Provides guidance to management functions within departments. – Provides direction, leadership and capacity building for functional communities across government (e.g. financial officers, human resources advisors, audit executives, etc.). • TBS supports TB in its four
    [Show full text]
  • The Governor Genera. and the Head of State Functions
    The Governor Genera. and the Head of State Functions THOMAS FRANCK* Lincoln, Nebraska In most, though by no means all democratic states,' the "Head o£ State" is a convenient legal and political fiction the purpose of which is to personify the complex political functions of govern- ment. What distinguishes the operations of this fiction in Canada is the fact that the functions of head of state are not discharged by any one person. Some, by legislative enactment, are vested in the Governor General. Others are delegated to the Governor General by the Crown. Still others are exercised by the Queen in person. A survey of these functions will reveal, however, that many more of the duties of the Canadian head of state are to-day dis- charged by the Governor General than are performed by the Queen. Indeed, it will reveal that some of the functions cannot be dis- charged by anyone else. It is essential that we become aware of this development in Canadian constitutional practice and take legal cognizance of the consequently increasing stature and importance of the Queen's representative in Canada. Formal Vesting of Head of State Functions in Constitutional Governments ofthe Commonnealth Reahns In most of the realms of the Commonwealth, the basic constitut- ional documents formally vest executive power in the Queen. Section 9 of the British North America Act, 1867,2 states: "The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen", while section 17 establishes that "There shall be one Parliament for Canada, consist- ing of the Queen, an Upper House, styled the Senate, and the *Thomas Franck, B.A., LL.B.
    [Show full text]
  • Strategic Choices in Reforming Public Service Employment an International Handbook
    Strategic Choices in Reforming Public Service Employment An International Handbook Edited by Carlo Dell’Aringa, Guiseppe Della Rocca and Berndt Keller dell'aringa/96590/crc 16/7/01 12:44 pm Page 1 Strategic Choices in Reforming Public Service Employment dell'aringa/96590/crc 16/7/01 12:44 pm Page 2 dell'aringa/96590/crc 16/7/01 12:44 pm Page 3 Strategic Choices in Reforming Public Service Employment An International Handbook Edited by Carlo Dell’Aringa Giuseppe Della Rocca and Berndt Keller dell'aringa/96590/crc 16/7/01 12:44 pm Page 4 Editorial matter and selection © Carlo Dell’Aringa, Giuseppe Della Rocca and Berndt Keller 2001 Chapters 1–9 © Palgrave Publishers Ltd 2001 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2001 by PALGRAVE Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N. Y. 10010 Companies and representatives throughout the world PALGRAVE is the new global academic imprint of St.
    [Show full text]
  • Treasury Board of Canada Secretariat 2019–20 Departmental Plan
    Treasury Board of Canada Secretariat 2019–20 Departmental Plan Erratum In the table “Planned results: administrative leadership” of the original version of the Departmental Plan (page 19), September 2019 was given as the date for achieving the target for the indicator “Percentage of Government of Canada websites that deliver digital services to citizens securely.” That date has been changed to December 31, 2019, to align with subsection 6.2.3 of the Information Technology Policy Implementation Notice “Implementing HTTPS for Secure Web Connections.” The notice can be accessed at the following URL: https:// www.canada.ca/en/government/system/digital-government/modern-emerging-technologies/ policy-implementation-notices/implementing-https-secure-web-connections- itpin.html. Treasury Board of Canada Secretariat 2019–20 Departmental Plan Original signed by The Honourable Joyce Murray, P.C., M.P. President of the Treasury Board and Minister of Digital Government © Her Majesty the Queen in Right of Canada, represented by the President of the Treasury Board, 2019 Catalogue No. BT1-38E-PDF ISSN 2371-8919 This document is available on the Government of Canada website at www.canada.ca This document is available in alternative formats upon request. Table of contents President’s message ....................................................................................... 1 Plans at a glance and operating context ............................................................ 3 Planned results: what we want to achieve this year and beyond .........................
    [Show full text]
  • Ministerial Staff: the Life and Times of Parliament’S Statutory Orphans
    MINISTERIAL STAFF: THE LIFE AND TIMES OF PARLIAMENT’S STATUTORY ORPHANS Liane E. Benoit Acknowledgements Much of the primary research in support of this paper was gathered through interviews with more than twenty former and current public servants, lobbyists, and ex-exempt staff. I am sincerely grateful to each of them for their time, their candour and their willingness to share with me the benefit of their experience and insights on this important subject. I would also like to acknowledge the generous assistance of Cathi Corbett,Chief Librarian at the Canada School of Public Service,without whose expertise my searching and sleuthing would have proven far more challenging. 145 146 VOLUME 1: PARLIAMENT,MINISTERS AND DEPUTY MINISTERS And lastly, my sincere thanks to C.E.S Franks, Professor Emeritus of the Department of Political Studies at Queen’s University, for his guidance and support throughout the development of this paper and his faith that, indeed, I would someday complete it. 1 Where to Start 1.1 Introduction Of the many footfalls heard echoing through Ottawa’s corridors of power, those that often hit hardest but bear the least scrutiny belong to an elite group of young, ambitious and politically loyal operatives hired to support and advise the Ministers of the Crown. Collectively known as “exempt staff,”1 recent investigations by the Public Accounts Committee and the Commission of Inquiry into the Sponsorship Program and Advertising Activities,hereafter referred to as the “Sponsorship Inquiry”, suggest that this group of ministerial advisors can, and often do, exert a substantial degree of influence on the development,and in some cases, administration, of public policy in Canada.
    [Show full text]
  • ITS Acronyms AB Acquisitions Branch AC Access Control ACF Advanced
    ITS Acronyms AB Acquisitions Branch AC Access Control ACF Advanced Content Filtering ADM Assistant Deputy Minister AFH Adaptive Frequency Hopping AFT Assured File Transfer AKA Authentication and Key Agreement AT Awareness & Training ATIP Access to Information and Privacy AU Audit and Accountability BAA Behavioural Analysis and Analytics BBM BlackBerry Messenger BCP Business Continuity Plan BES BlackBerry Enterprise Server BIA Business Impact Analysis BNS Business Needs for Security BUC Business Use Cses BYOD Bring Your Own Device C&A Certification & Accreditation CA Contracting Authority CCI Controlled Cryptographic Instruments CDRFMS Canadian Disaster Relief Fund Management System CDS Cross Domain Solution CIA Confidentiality Integrity and Availability CIO Chief Information Officer CISD Canadian Industrial Security Directorate CM Configuration Management CM-A Change Management Assessment CM-D Change Management Documentation CM-E Change Management Engineering CMS Configuration Management System CONOPS Concept of Operations COTS Commercial off the Shelf CP Contingency Planning CS Computer Systems CSE Communications Security Establishment CSIS Canadian Security Intelligence Service CSO Company Security Officer CSPS Canada School of Public Service CTEC Cyber Threat and Evaluation Centre CTO Chief Technology Officer CVE Common Vulnrtabilities and Exposures DB Data Base DBA Data Base Administrator DBMS Data Base Management System DDoS Distributed Denial of Service DDSM Directive on Departmental Security Management DG Director General DISA
    [Show full text]
  • Advancing the Climate Resilience of Canadian Infrastructure
    Advancing the Climate Resilience of Canadian Infrastructure: A review of literature to inform the way forward IISD REPORT Darren Swanson Deborah Murphy Jennifer Temmer Todd Scaletta © 2021 International Institute for Sustainable Development | IISD.org July 2021 Advancing the Climate Resilience of Canadian Infrastructure © 2021 International Institute for Sustainable Development Published by the International Institute for Sustainable Development This publication is licensed under a Creative Commons Attribution- NonCommercial-ShareAlike 4.0 International License. International Institute for Sustainable Development The International Institute for Sustainable Development (IISD) is an Head Office award-winning independent think tank working to accelerate solutions for 111 Lombard Avenue, Suite 325 a stable climate, sustainable resource management, and fair economies. Winnipeg, Manitoba Our work inspires better decisions and sparks meaningful action to help Canada R3B 0T4 people and the planet thrive. We shine a light on what can be achieved when governments, businesses, non-profits, and communities come Tel: +1 (204) 958-7700 together. IISD’s staff of more than 120 people, plus over 150 associates and Website: www.iisd.org consultants, come from across the globe and from many disciplines. With Twitter: @IISD_news offices in Winnipeg, Geneva, Ottawa, and Toronto, our work affects lives in nearly 100 countries. IISD is a registered charitable organization in Canada and has 501(c)(3) status in the United States. IISD receives core operating support
    [Show full text]
  • REPORT on the Main Estimates and The
    REPORT ON THE Main Estimates and the Supplementary Estimates (B) for the year ending March 31, 2021 Standing Senate Committee on National Finance SECOND REPORT The Honourable Percy Mockler, Chair The Honourable Éric Forest, Deputy Chair The Honourable Marty Klyne, Deputy Chair The Honourable David Richards, Member of the Steering Committee December 2020 PAGE 1 MEMBERS OF THE COMMITTEE The Honourable Percy Mockler, Chair The Honourable Éric Forest, Deputy Chair The Honourable Marty Klyne, Deputy Chair The Honourable David Richards, Member of the Steering Committee The Honourable Peter M. Boehm The Honourable Jean-Guy Dagenais The Honourable Marty Deacon The Honourable Pat Duncan The Honourable Rosa Galvez The Honourable Tony Loffreda The Honourable Elizabeth Marshall The Honourable Larry W. Smith Ex-officio members: The Honourable Marc Gold, P.C. (or Raymonde Gagné) and the Honourable Donald Plett (or Yonah Martin) Other Senators who participated in the study: The Honourable Kim Pate Parliamentary Information and Research Service, Library of Parliament: Alex Smith, Analyst Shaowei Pu, Analyst Committees Directorate: Maxime Fortin, Clerk of the Committee Louise Martel, Administrative Assistant of the Committee Andrea Mugny, Procedural Clerk PAGE 2 ORDER OF REFERENCE Extract from the Journals of the Senate of Wednesday, November 18, 2020: With leave of the Senate, The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.: That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Main Estimates and the Supplementary Estimates (B) for the fiscal year ending March 31, 2021. The question being put on the motion, it was adopted.
    [Show full text]
  • THE DECLINE of MINISTERIAL ACCOUNTABILITY in CANADA by M. KATHLEEN Mcleod Integrated Studies Project Submitted to Dr.Gloria
    THE DECLINE OF MINISTERIAL ACCOUNTABILITY IN CANADA By M. KATHLEEN McLEOD Integrated Studies Project submitted to Dr.Gloria Filax in partial fulfillment of the requirements for the degree of Master of Arts – Integrated Studies Athabasca, Alberta Submitted April 17, 2011 Table of Contents Abstract ................................................................................................................................................. ii Introduction ........................................................................................................................................... 1 The Westminster System of Democratic Government ................................................................... 3 Ministerial Accountability: All the Time, or Only When it is Convenient? ................................... 9 The Richard Colvin Case .................................................................................................................. 18 The Over-Arching Power of the Prime Minister ............................................................................ 24 Michel Foucault and Governmentality ............................................................................................ 31 Governmentality .......................................................................................................................... 31 Governmentality and Stephen Harper ............................................................................................ 34 Munir Sheikh and the Long Form Census .......................................................................................
    [Show full text]
  • Actuarial Report on the Pension Plan for the Public Service of Canada (PSPP) Was Made Pursuant to the Public Pensions Reporting Act (PPRA)
    ACTUARIAL REPORT on the Pension Plan for the PUBLIC SERVICE OF CANADA as at 31 March 2017 Office of the Chief Actuary Office of the Superintendent of Financial Institutions Canada 12th Floor, Kent Square Building 255 Albert Street Ottawa, Ontario K1A 0H2 Facsimile: 613-990-9900 E-mail: [email protected] Web site: www.osfi-bsif.gc.ca © Her Majesty the Queen in Right of Canada, 2018 Cat. No. IN3-16/10E-PDF ISSN 1701-8269 ACTUARIAL REPORT Pension Plan for the PUBLIC SERVICE OF CANADA as at 31 March 2017 7 September 2018 The Honourable Scott Brison, P.C., M.P. President of the Treasury Board Ottawa, Canada K1A 0R5 Dear Minister: Pursuant to Section 6 of the Public Pensions Reporting Act, I am pleased to submit the report on the actuarial review as at 31 March 2017 of the pension plan for the Public Service of Canada. This actuarial review is in respect of pension benefits and contributions which are defined by Parts I, III and IV of the Public Service Superannuation Act, the Special Retirement Arrangements Act and the Pension Benefits Division Act. Yours sincerely, Jean-Claude Ménard, F.S.A., F.C.I.A. Chief Actuary Office of the Chief Actuary ACTUARIAL REPORT Pension Plan for the PUBLIC SERVICE OF CANADA as at 31 March 2017 TABLE OF CONTENTS Page I. Executive Summary ............................................................................................................... 7 A. Purpose of Actuarial Report ............................................................................................. 7 B. Valuation Basis ...............................................................................................................
    [Show full text]
  • Members' Allowances and Services Manual
    MEMBERS’ ALLOWANCES AND SERVICES Table of Contents 1. Introduction .............................................................................................................. 1-1 2. Governance and Principles ....................................................................................... 2-1 1. Introduction ................................................................................................. 2-2 2. Governing Principles .................................................................................... 2-2 3. Governance Structure .................................................................................. 2-6 4. House Administration .................................................................................. 2-7 3. Members’ Salary and Benefits .................................................................................. 3-1 1. Introduction ................................................................................................. 3-2 2. Members’ Salary .......................................................................................... 3-2 3. Insurance Plans ............................................................................................ 3-3 4. Pension ........................................................................................................ 3-5 5. Relocation .................................................................................................... 3-6 6. Employee and Family Assistance Program .................................................. 3-8 7.
    [Show full text]