Can We Remake Parliament… and Should We?

CAN WE REMAKE PARLIAMENT… AND SHOULD WE?

Geoff Norquay

At times in this fractious minority House, Ottawa seems “lost in its petty games of incessant and gratuitous insults, personal attacks and putdowns,” writes Geoff Norquay. However, this is to be expected, particularly in a minority Parliament. “It comes with the territory,” he adds. “Partisanship is probably the most obvious manifestation of the adversarial nature of politics, and this relationship is not accidental.” In our Westminster system, the government proposes and the opposition opposes, with the caveat that in a minority House, a united opposition can bring down the government.

Dans ce Parlement minoritaire et belliqueux, Ottawa semble parfois « empêtré dans le jeu mesquin et incessant des attaques personnelles, du dénigrement et des insultes gratuites », écrit Geoff Norquay, qui ne s’en étonne pas outre mesure. C’est en effet « la loi du genre », rappelle-t-il. « La partisannerie est sans doute la plus franche manifestation du caractère antagoniste de la vie politique, précise-t-il, et cette acrimonie n’a rien d’exceptionnel. » Dans notre système de gouvernement britannique, le gouvernement propose et l’opposition s’oppose, avec cet inconvénient que les partis d’opposition peuvent s’unir pour renverser le gouvernement lorsque celui-ci est minoritaire.

he winter-spring parliamentary session that paused extensive public information blitz, the two sides ulti- in mid-June for the summer break was remarkable mately played to a draw. T for its intense partisanship, minimal progress on the G The next big issue was the implementation of the H1N1 government’s legislative agenda and loud controversies over immunization program. Because delivery of the pro- relatively minor issues that ultimately went nowhere. While gram was shared among all three levels of government, some important bills were passed in the dying hours of the there was enough blame to go around for the haphaz- session, the media was united in condemning the down- ard rollout, but just when the issue was beginning to right personal nastiness and disharmony of the Commons. bite, it became obvious that there never really was a The session never really escaped its controversial pandemic, so the controversy died. beginning: the unfortunate decision by the government G The government then stumbled into the G8 maternal to prorogue Parliament until after the Winter Olympics. and child health initiative by not anticipating the abor- The move caught fire unexpectedly in the public mind tion issue. Fortunately for the Conservatives, Michael and hurt the government’s reputation unnecessarily. Ignatieff forgot that he also had an anti-abortion group While the government obviously suffered all of the dam- in his caucus and in his attempt to embarrass the Con- age resulting from prorogation, the opposition parties servatives with a vote in the Commons, he managed to did little better in attempting to capitalize on a number blow himself up instead. of high-profile government “scandals” that received G Next came the Jaffer-Guergis fiasco, which generated far much more coverage than any legislative proposal or pol- more heat than light. In the end, both players in the icy initiative: melodrama hurt themselves more than they damaged G First up were the opposition attacks on the “delays” in the government, but yet again, parliamentarians both getting the stimulus spending out the door, followed past and present were cast in a less than favourable closely by complaints over Conservative “overspend- light. One moment opposition members were demand- ing” on advertising to prove that the stimulus dollars ing that Helena Guergis be dismissed from cabinet, and were indeed flowing. Since the first allegation led the next, they were complaining bitterly that the Prime directly to the government defending itself with an Minister had followed their advice. By midsummer the

18 OPTIONS POLITIQUES SEPTEMBRE 2010 Can we remake Parliament…and should we?

RCMP had cleared both Guergis And what role does the growing influ- each other’s conceptions of gover- and her husband, Rahim Jaffer, of ence of negative advertising play in nance. That’s how we get better legis- any misconduct over charges popular perceptions of politics in lation and policy. That’s how we make brought by a bankrupt private Canada? In other words, what are the governments accountable. investigator that had been passed problems we are trying to fix, and The next factor to consider is the on to the PM’s office by the Con- what is the best way to meet that majority/minority dynamic. The sta- servative Party’s lawyer. objective? bility provided by majority govern- G MPs of all parties then did them- If the issue is partisanship, then ment sets some important parameters selves some serious damage in the we need to start with a dose of real- for the players in the political system. flap over the Auditor General’s ism. Partisanship is defined as fervent, For the government, it means the pre- right to audit their expenses. By sometimes militant support for a dictability of being able to get its poli- the time a deal to allow an audit party, cause, person or idea; and alter- cy and legislative program through was brokered, MPs on all sides natively, a strong inclination to favour Parliament more or less intact, subject looked as if they had something to one group or view or opinion over all of course to the various House and hide from public scrutiny. alternatives. It’s important to note Senate deliberative processes. On the G Finally, there was the spectacle of a that a significant amount of partisan- other side, the opposition parties raft of ministerial aides being sum- ship is natural and normal in our know there are practical limits to their moned to appear before parliamen- political and governing processes; it ability to stall legislation or force tary committees. In one case, a comes with the territory. Partisanship changes. The government has a major- Liberal committee chair threatened is probably the most obvious manifes- ity on all committees, and while there a staffer with contempt for not tation of the adversarial nature of pol- might be delays on complex or contro- answering questions when the itics, and this relationship is not versial legislation, the ultimate out- staffer testified he had been told by accidental. Indeed, in its historical come is inevitable. the legal counsel to an officer of antecedents and development, the Majority parliaments also change Parliament not to talk about the British parliamentary system evolved the nature and content of legislation very subject under discussion. In a from distinctly adversarial roots. and House strategies on both sides. scene worthy of the Keystone The government can tackle major Cops, the Prime Minister’s director everal hundred years ago, those reforms and difficult or touchy sub- of communications was pursued S who challenged the sovereign on jects early in its term, confident that around the Hill by a bailiff attempt- behalf of the people sometimes paid while it may burn some political cap- ing to serve a summons. with their lives. The stakes aren’t near- ital in the process, there will be time All of these controversies con- ly as high today, but the point over the four-year mandate to build it tributed to the public image of a politi- remains that the effective operation of back. The opposition parties, especial- cal Ottawa out of touch with the real concerns of the elec- Is excessive partisanship in Parliament a threat to our torate, and lost in its petty democratic institutions or simply a reflection of our political games of incessant and gra- system? To what extent is acrimony in the Commons largely a tuitous insults, personal attacks and putdowns. And function of the current spell of minority government? And predictably, as parliamentari- what role does the growing influence of negative advertising ans limped into summer, play in popular perceptions of politics in Canada? there were renewed calls for the House of Commons to reform itself, our democratic system is rooted in a ly the Official Opposition, often take and for the partisanship to be dialled clash of ideas. The government pro- the first year or so in a majority to back to more tolerable levels. poses and the opposition opposes — look inward and undertake some Before everyone runs off in all those are their respective jobs. As a retooling of party policy and the reor- directions remaking the House, it’s result, those who decry the normal ganization of human and financial useful to pause for a moment to place back and forth in the House of assets. Given the four-year term, there a number of questions in context. Is Commons and ask “Why can’t they all will be time enough in years three excessive partisanship in Parliament a just cooperate and get along?” are and four for the Official Opposition threat to our democratic institutions somewhat misguided in their pro- to focus on policy differentiation and or simply a reflection of our political posed solution. In our system of gov- the development of an alternative system? To what extent is acrimony in ernment, the parties and leaders are government narrative. the Commons largely a function of the not supposed to “get along”; they are All of these ground rules change in current spell of minority government? supposed to disagree and challenge a minority situation. What we see in

POLICY OPTIONS 19 SEPTEMBER 2010 Geoff Norquay

Canada’s Parliament today has all the tics that become inevitable when an As Jonathan Rose put it in Policy signs of a prolonged period of minori- election can occur at just about any Options (September 2004), “Good neg- ty government. The stability provided time. ative ads do not persuade as much as by a majority has been replaced by they are able to reinforce existing uncertainty, for the simple reason that any observers have decried the opinion and translate that into sowing the average lifespan of Canada’s 12 M trend toward mammoth budg- seeds of doubt about one’s opponent.” minority governments over the past et implementation bills as a subver- The basics of effective negative posi- 143 years has been just under 18 sion of the legislative role of tioning are relatively simple: months. Grand and controversial Parliament. They argue that with so G Define targets negatively before reforms are put off by the government much detail included in the bill, both they can create a positive defini- for another day, but at the same time, stakeholders and legislators are ham- tion themselves. successful implementation of the party strung in their efforts to analyze such G Ensure there is enough existing platform becomes the top priority. legislation and fully understand its evidence for the characterization The uncertainty of minorities also implications. There is likely some sub- to be plausible. breeds urgency and a “take no prison- stance to those concerns, but there is G Keep the message simple and to ers” attitude among the combatants. also solid evidence that delay of legis- the point (no obscure references There is also a tendency for all parties to lation has become the principal game to “whiffs of sulphur” that need play to their respective partisan bases — plan for the opposition parties in a explaining to those unfamiliar the folks they may shortly need to ham- minority. As C.E.S. (Ned) Franks with Mephistopheles). mer in lawn signs and work in the cam- noted recently in the Globe and Mail, G Dalton McGuinty: “Not up to the paign office. As Tom Flanagan has during the Chrétien majority period job.” rightly noted, we have been living in a 69 percent of the government’s legis- G Stephen Harper: “Hidden agen- period of “permanent campaign” since lation ultimately received royal da/secret agenda.” the election of the Paul Martin minori- assent, while the Harper govern- G Stéphane Dion: “Not a leader.” ty in 2004. He argues that the persistent ment’s success rate in its first three G Michael Ignatieff: “Just visiting.” sense that minorities are unstable and years was only 45 percent. G Repeat, repeat, repeat the messag- short-lived has created profound It’s difficult, by the way, to think of ing over several months. changes to both government and polit- a reform to Parliament that would G Pray that the target provides evi- ical culture: “After so many years of address this issue. No government is dence to corroborate the thesis of continuous campaigning, federal politi- going to allow constraints to be placed the negative characterization. cians are like child soldiers in a war-torn on its ability to govern; to do so is to African country: all they know how to hand control to the opposition and risk he first systematic use of negative do is to fire their AK-47s.” becoming a do-nothing government. T positioning at the federal level was On the opposition benches, There’s another factor that has used by the Liberals in the run-up to the obstruction has become the order of contributed to the perception of over- 2004 election. With the Conservatives the day, not only because they can the-top partisanship — the growing reunited in January of that year, and successfully delay legislation or extract concessions Partisanship is probably the most obvious manifestation of the and amendments, but also adversarial nature of politics, and this relationship is not because denying the government progress on its accidental. Indeed, in its historical antecedents and legislative agenda becomes development, the British parliamentary system evolved from a viable political tactic in a distinctly adversarial roots. minority. Like its predeces- sor, the current government has use by political parties of attack adver- not having had the time to hold a poli- responded by loading up budgets tisements or, more precisely, negative cy conference or develop a comprehen- with non-budgetary measures that positioning. In one sense there is not sive platform, the Liberals seized on the would be doubtful of passage if they much new here. Politicians have idea of claiming that Stephen Harper were introduced and debated sepa- always used caricatures to skewer each and his party were extremists and had a rately. By making these measures part other, to paint a negative picture of the “hidden agenda.” This approach of the budget, the government has other guy. But when combined with worked very well, and for several rea- extended the mantle of confidence the technology of modern media and sons. Going into the campaign, the over non-budgetary issues and the 24-hour news cycle, this approach Conservatives were dogged by contro- ensured that they can be authorized has become both highly effective and versial comments about bilingualism, by the budget vote. These are the tac- impossible to ignore or forgo. health care, abortion and gays made in

20 OPTIONS POLITIQUES SEPTEMBRE 2010 Can we remake Parliament…and should we?

Jason Ransom, PMO Prime Minister Stephen Harper listens to a question from Liberal Leader Michael Ignatieff during Question Period. As heated as these exchanges can be, Geoff Norquay writes that the dysfunctional mood of Parliament is to be expected in a minority House. previous years by various Reform/ with a fully detailed and fully costed Such people would like the personal Alliance MPs, and more surfaced as the agenda that he relentlessly revealed attacks to stop, because they believe writ period unfolded. In other words, day after day during the campaign. they devalue politics and public serv- there was enough evidence to make the The Conservatives also absorbed the ice. That well may be true, but we hidden agenda allegation plausible, and potential value of negative position- should all get used to it, because nega- the Conservatives were undisciplined ing, and they have applied it with tive positioning is now more than like- enough to provide even more corrobo- devastating effect against both ly a permanent feature of our political rating evidence. Stéphane Dion and Michael system. The rest, as they say, is history. Ignatieff. Efforts to reform Parliament The Conservatives learned the The point here is that for many especially need to take account of the painful lessons of the 2004 election, people outside politics, negative posi- minority reality, and the fact that it is imposed discipline on their caucus tioning is just the latest development likely transitory. The dominant and filled in their policy voids for in an even more highly charged and model of Canadian politics is that the next election in 2006. Instead of negatively partisan political system far minorities are transitional phases representing a hidden agenda, more engaged in character assassina- between periods of majority govern- Stephen Harper became the leader tion than in policy differentiation. ment. Reforms that work in a

POLICY OPTIONS 21 SEPTEMBER 2010 Geoff Norquay

majority situation may not be as in their wine, and the result was a study by an all-party parliamentary viable in a period of minority. An much-needed set of reforms. committee? excellent example of this problem is Similarly in June, Industry The point here is that “making fixed-term elections. Designed to Minister Tony Clement and Parliament work” in a highly provide predictability in a majority Canadian Heritage Minister James charged minority setting takes coop- situation and remove from the prime Moore tabled the government’s sec- eration from both sides, but we need minister the possibility of “gaming” ond attempt to craft a new Copyright to be realistic. Not all issues are electoral timing, fixed-term require- Act for Canada. In their announce- amenable to that approach, and not ments clearly do not work well in a ment, they acknowledged the chal- all offers of consultation will be reciprocated, and besides, What we see in Canada’s Parliament today has all the signs of setting out to work togeth- a prolonged period of minority government. The stability er is no guarantee of suc- provided by a majority has been replaced by uncertainty, for cess. Early in the H1N1 the simple reason that the average lifespan of Canada’s situation, Health Minister Leona Aglukkaq earned 12 minority governments over the past 143 years has been high marks for seeking out just under 18 months. and briefing her opposition critics, but the poten- minority. When Prime Minister lenges of fairly balancing the tial for partisan advantage ultimately Harper called the 2008 election, he interests of creators and consumers in reasserted itself and she found her- was seen by many as “breaking” his such a fast-moving technological sec- self accused by the Liberals of send- own fixed term, but the original tor and also clearly indicated open- ing body bags to Indian reserves intent of the legislation was to pro- ness to suggestions from the instead of vaccine. vide certainty in a majority situation. opposition parties for how the pro- The costs to the government in While the following article will posed legislation could be improved. offering a more consultative address some structural and procedur- What’s similar about these two approach on certain issues are min- al options for reforming the House of cases is that they both involve com- imal. They get the credit for taking Commons, it’s useful to consider some plex and controversial issues where the initiative and little of the attitudinal or behavioural changes change was long overdue. In the blame if it doesn’t work out. But that show some promise. The first is to case of refugee reform, the need for when it does work out, as in the build on those cases where collabora- modernization and common sense case of the refugee asylum reforms, tion among the parties has worked. overcame partisan considerations; it the advantages include progress in In late March Immigra- tion Minister Jason Kenney There is another opportunity for a similar approach for the tabled a package of reforms government on the near horizon: defining Canada’s future to fix Canada’s much- role in Afghanistan after the end of the combat role next year. abused refugee asylum sys- With the Liberals having opened the door to some kind of tem. On June 2, he announced he had reached continuing involvement after the combat role ends, what a deal with the Liberal better way is there to define that role than through a study immigration critic, Maur- by an all-party parliamentary committee? izio Bevilacqua, on a set of amendments to the reform package: will be interesting to see if a similar addressing a pressing issue, not to “It’s urgent that we get workable understanding among the parties mention the sharing of accounta- reforms to the asylum system. That develops on copyright. There is bility for the ultimate outcome means a package that can get consen- another opportunity for a similar with the opposition. sus in a minority Parliament. For that approach for the government on the reason, I’ve indicated my openness to near horizon: defining Canada’s Contributing Writer Geoff Norquay, a a collaborative approach.” As it future role in Afghanistan after the principal of the Earnscliffe Strategy turned out, the Liberal caucus end of the combat role next year. Group in Ottawa, is a former senior promptly rejected the deal, but with- With the Liberals having opened the adviser for social policy to Prime Minister in days, Kenney had successfully door to some kind of continuing Mulroney and was director of communi- negotiated another deal with the involvement after the combat role cations for Stephen Harper in the Office NDP and the Bloc, and the bill quick- ends, what better way is there to of the Leader of the Opposition. ly passed. Both sides put some water define that role than through a [email protected]

22 OPTIONS POLITIQUES SEPTEMBRE 2010