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Jack Stilborn
There appears to be a strong consensus, if not unanimity, among parliamentarians
and parliamentary observers about the need for Parliament and its committees
to become more effective in reviewing government spending. Few recent commentators
on Parliament have failed to express this view. A great deal less has been
said about specifically what parliamentary committees and individual parliamentarians
need to do in order to become more effective. This article reviews initiatives
recently taken by parliamentary committees and the Library of Parliament
in order to strengthen effectiveness, and the emerging vision they reflect.
It also outlines prospective initiatives that promise to reinforce progress,
as well as challenges that remain to be addressed.
The principle that Parliament, as the representative of citizens and taxpayers,
must grant taxes and approve the spending of the resulting revenues is
part of the constitutional legacy received by Canada from the United Kingdom,
and dates back to medieval times.1 While it was of limited importance as
long as absolute monarchs successfully funded the court, clergy and military
from their personal revenues, it became progressively more significant
as taxpayers were required to compensate regularly for shortfalls of royal
revenues.
The principle of parliamentary consent to taxation and approval of spending
is relatively clear, as is its central importance as a basis for the power
of Parliament. However, the arrangements developed to achieve the principle
in practice have varied widely over seven hundred years of institutional
evolution, and continue to evolve. In Canada, as recently as a hundred
years ago, the looseness of internal controls on government spending posed
major challenges for even the possibility of parliamentary scrutiny and
meaningful consent. For example, individual departments engaged in a variety
of practices essentially beyond Parliaments control, including borrowing
from commercial banks when annual budgets ran out and frequent reliance
on Governor Generals Warrants (which were reported to Parliament only
after the fact). Moreover, the number of sets of estimates presented to
Parliament began to multiply in the 1890s to four, or even five or six,
in each fiscal year. In the sessions of both 1904 and 1910-1911, seven
separate sets of estimates were presented.2
The limited size and scope of government in the early years enabled parliamentarians
to scrutinize and debate estimates in relatively great detail. However,
the rapid growth of government after World War I made detailed scrutiny
progressively more difficult. By 1950, a parliamentary process that remained
in many ways essentially unchanged from that of 1867 was resulting in decisions
about government spending levels that were 300 times higher than those of
the 1860s, relating to a vastly more complex structure of programs and
activities.
Dissatisfaction among parliamentarians with the form and substance of Parliaments
role concerning the estimates dates back virtually to Confederation. Starting
in the 1920s, there were a series of reforms. These included restrictions
on debate to enhance the focus on substance; changes to the format of the
information supplied to Parliament to make it more understandable to Members;
expansion of the content of the estimates; and experiments with the use
of smaller committees to examine some types of estimates. However, the
changes did little to reduce concerns about the effectiveness of Parliament
in its fundamental scrutiny and approval role concerning government spending.
Major reform came in 1968, with the adoption of new procedures under which
all estimates were referred to standing committees, and (in the case of
main estimates) either reported or deemed reported back to the House by
31 May. These reforms were intended to improve the substantive review
of government spending, in committee, while streamlining debate on the
estimates within the House. They marked the beginning of a phase of committee
reform that continued with important expansions of committee powers in
the 1980s, directed to enhancing the role of the backbench Member of Parliament
and the broader influence of Parliament in both policy development and
financial management.
Starting in 1996, the focus of reform has broadened to include attempts
to improve the quality of the financial information available to Parliament.
The Improved Reporting to Parliament Project complements earlier changes
to the powers of committees with key reforms to the information Parliament
receives. An effort is being made to refocus reporting away from primarily
quantitative outputs (cases heard, brochures issued, etc.) to higher-level
outcomes that show how departmental activities make a difference to citizens.
Second, the departmental reports previously released as Part III of the
main estimates have been disaggregated into two reports:
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a departmental performance report (DPR) released in November of each year,
which outlines the departments goals and objectives, and progress against
them; and
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a departmental Report on Plans and Priorities (RPP) released in late February
or March, after the main estimates are tabled, which outlines the departments
future goals and action plan for achieving them.
Thus far, however, the verdict on the practical success of recent reforms
has been mixed at best, among both scholars and parliamentarians.3 Successive
committee reports have expressed continuing dissatisfaction on the part
of Members of Parliament themselves:
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The Standing Committee on Procedure and House Affairs concluded in 1998
that
the vast sums of money spent by government are subjected to only
perfunctory parliamentary scrutiny, and made 52 recommendations for wide-ranging
change (Catterall-Williams Report).4
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A follow-up report in 2000 by the same Committee continued to call for
changes, notably improvements to information and enhanced staff support
(Szabo Report).5
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In 2001, the Special Committee on the Modernization and Improvement of
the Procedures of the House of Commons proposed the consideration of two
sets of estimates by Committee of the Whole as a partial remedy for what
it saw as long-standing deficiencies in the handling of estimates (Kilger
Report).6
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In the 37th Parliament, a 2003 report of the Standing Committee on Government
Operations and Estimates concluded that, despite progress in recent years,
most parliamentary committees continued to give departmental estimates
relatively cursory attention, and that strengthened scrutiny was urgently
needed (Valeri Report).7 While it called for improvements to the information
provided to Parliament, more extensive attention was given to the need
for Parliament to make better use of information already available.
Parliaments effectiveness and potential within the budgetary process also
received detailed attention in a 2002 study sponsored by the Institute
for Research on Public Policy.8 The authors argue that much remains to
be done, that the role of parliamentary committees in reviewing estimates
remains underdeveloped, and that committee assessments of the performance
of programs in terms of results achieved is especially weak.
More recently, the Phase II Report of the Gomery Commission recommended
a substantial increase in funding for parliamentary committees, as a response
to longstanding concerns about the effectiveness of committees in examining
government programs and spending estimates.9 In this Report, Mr. Justice
Gomery argues that strengthened staff support for committees is a key ingredient
for improved effectiveness. MPs sit on two or three committees, and juggle
committee work and a multitude of competing demands, many of which command
more public attention and provide a more immediate sense of accomplishment.
They do not have enough time for this work, and the estimates themselves
are often difficult to relate to concrete programs (for example, the Sponsorship
Program was never identified as a distinct activity in the estimates that
applied to it). The Commission thus commends an existing government commitment
to provide committees with increased resources for staff. Two forms this
staff support could take are identified: (1) expanded Library of Parliament
research staff for committees (the recent hiring of three analysts with
estimates-related experience is noted as a first step) and (2) increased
committee resources to hire experts to support investigations into either
programs or management and accountability issues.
These findings and recommendations reflect the reality that the substance
of committee consideration of the estimates has not changed significantly,
despite the reforms undertaken over the past three decades. Where committees
devote time to the estimates at all, their efforts (with exceptions) have
continued to reflect patterns that were well established before the recent
reforms took place. Meetings on estimates during the previous Parliament
continued to involve wide-ranging and relatively partisan exchanges over
political priorities and the policy directions of departments, minimal
attention to the substance of the estimates, scattered and unsystematic
questioning reflecting the rapid alternation of questioning among members
and, with certain notable exceptions, predictable votes in support of the
estimates as proposed by the Government.
Parliament exercises the power of the purse by reviewing the annual Main
Estimates for government spending (normally tabled in the spring of each
year), along with (normally) two sets of Supplementary Estimates. These
are referred to standing committees for detailed scrutiny. Committees
have the authority to do one of the following:
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Remain silent, in which case the House proceeds to consider the estimates
as proposed by the President of the Treasury Board;
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Report the estimates without amendment, in which case the House proceeds
as above;
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Adopt reductions to estimates, or reject them, in which case the House
considers these changes and either adopts changed estimates or restores
the initial amounts.
These basic rules of the game impose few restrictions on what Parliament
and its committees can do in practice, leaving considerable scope for improvements
to effectiveness.
Better Information
As noted above, in addition to the departmental spending estimates themselves,
parliamentary committees receive two explanatory reports intended to provide
a basis for scrutiny. These are the Report on Plans and Priorities (referred
to committees to support consideration of proposed spending in the Main
Estimates) and Departmental Performance Reports (which provide committees
with information on results achieved, each fall). While these reports
are the result of a lengthy evolutionary development, many parliamentarians
continue to express dissatisfaction with information sometimes seen as
excessively bureaucratic, and especially vague about areas where performance
has fallen short.
Treasury Board Secretariat provides departments with detailed guidance
concerning best practices in reporting, and also evaluates departmental
reporting and provides departments with feedback. However, departments
have limited incentives to respond, unless parliamentarians themselves
make it clear that Treasury Board Secretariat requirements are firmly based
on parliamentary needs. While parliamentary reports on the estimates process
have consistently called for improvements in the accessibility, clarity
and relevance of information, individual committees have yet to exploit
their powers to foster improvements in the information provided by departments
assigned to them. In addition to their capacity to refuse or reduce an
estimate in the event that the information required to assess it is not
forthcoming, committees could exercise their general power to report to
Parliament for the purpose of providing departments with feedback on their
reports, and specific recommendations for improvement.
The Importance of Departmental Reports
The immediate importance of the departmental reports is that they provide
an information base for parliamentarians to use in evaluating departmental
estimates. Their importance does not stop here, however. The performance
and planning reports also provide a potential focus for committee assessments
of departmental programs, and for reports outside the formal estimates
process on program performance, value for money, and future spending plans.
These reports are not constrained by the principle of the royal recommendation,
which prevents committees from increasing estimates, or re-allocating money
from one Vote to another within the formal estimates process. Like other
reports reflecting the general investigative mandate of committees, they
are subject to no procedural constraint upon the content of recommendations,
because the recommendations are merely proposals to the minister and may
or may not be incorporated within the governments policy agenda. As a
result, reports on program performance or future spending plans provide
a means by which committees may propose increases in spending or re-allocations
of existing or future resources. If the government were to accept such
recommendations, they would then be reflected in the estimates for a future
year.
Committee reports on program performance or future spending not only get
around the limitations of the formal estimates process, they also provide
a way of addressing a major political barrier to effective committee work
on estimates. By the time the departmental estimates arrive on the floor
of the House of Commons, they reflect detailed planning on the part of
departmental officials, have been accepted by ministers as the governments
program, and have the full weight of the government behind them. As a result,
changes are seen as a threat to the credibility of the government, and
governments are extremely reluctant to accept them. This reluctance is
typically reflected at the committee level, in the predictable support
by government members for the estimates as presented by the government
and, under majority government conditions at least, predictable committee
approval of estimates without changes.
Reports outside the formal estimates process, focusing on spending plans
in future years, avoid these practical limitations on committee activity.
Departmental officials are likely to be more receptive to recommendations
that do not threaten detailed near-term planning, and this greater receptivity
is likely to be reflected in advice to ministers. Ministers, for their
part, are not exposed to political embarrassment by such recommendations,
and may thus be more open to their consideration. These circumstances,
in turn, increase the likelihood that committee members of both government
and opposition political parties will be able to find common ground as
they engage substantive issues raised by departmental estimates. Reports
outside the formal estimates process, focusing on recommendations that
apply to future years, thus provide committees with a potentially important
form of influence on departmental estimates.
Balancing Scope and Depth
The experience of committees over the years suggests that departments are
often too large and complex to be examined in detail. Detailed scrutiny
of the whole range of programs offered by a large department would require
a committee to do nothing else. At the same time, committees are likely
to wish to subject all organizations in their mandate to at least a minimal
level of scrutiny. Selecting one program for continuing scrutiny while
ignoring the others would create a danger that important problems could
go undetected, and would also leave a committee with no basis for approving
or rejecting individual Votes in the estimates (other than parts of a Vote
relating to any program that may have received concentrated attention).
Committees may therefore need to consider a two-track approach, involving:
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Periodic (at least annual) accountability sessions with ministers, dealing
with both their departments and portfolio responsibilities; AND
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Selecting a program or activity for detailed scrutiny and possibly multi-year
follow-up attention. This could provide a basis for recommending changes
to future year spending plans before the government has enshrined them
in the annual estimates.
These approaches complement one another. General accountability sessions
with ministers can help to identify programs or activities that a committee
may wish to explore in detail. Recommendations for changes to future spending
plans could be followed up at annual accountability sessions with ministers.
Detailed program studies can also provide a strong basis for considering
(and possibly amending) estimates that come before the committee.
Detailed Scrutiny What Does it Involve?
In order to undertake detailed scrutiny, committees need to select a departmental
program or initiative that is sufficiently small to be explored thoroughly
within the time available. Although information and advice from committee
research staff can help, the decision to invest significant committee time
in a specific departmental program is necessarily based on political priorities.
The challenge that committees face in this task is similar to the broader
challenge of agenda-setting, in which the temptation to avoid conflict
by committing to multiple (and sometimes simultaneous) studies frequently
imposes serious limits on committee effectiveness, and limits the credibility
of parliamentary investigations among specialized stakeholders and policy
influencers. Committees need to find ways to avoid this temptation, perhaps
by agreeing to a succession of specialized studies that would take place
over the probable life of the committee, or perhaps by agreeing at the
outset of agenda-setting on the need to select only one study as a focus.
Many possible approaches to detailed scrutiny were identified in Meaningful
Scrutiny, the 2003 report of the Government Operations and Estimates Committee
mentioned above. Possible approaches include:
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Invite departmental officials to provide informal briefings on a program;
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Use committee research staff to work with departmental officials to build
a specialized information base;
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Interview Auditor General officials who may have relevant files;
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Divide the labor among committee members, to minimize duplication (individual
issues, information sources, etc);
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Invite program clients or stakeholder groups to comment on a program from
the users point of view; and
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Invite academics and other qualified experts to provide information (following
the standard approach used by committees for policy studies).
In recent years, several House of Commons committees have attempted to
use a number of these approaches, although committee workloads have sometimes
created scheduling difficulties for even modest attempts to move beyond
the traditional single meeting at which the minister defends departmental
estimates. This suggests a steadily increasing interest in innovation
among committee chairpersons and members.
Recent Library of Parliament Initiatives
In addition to corporate support such as seminars for parliamentarians
and their staffs, teams of analysts assigned to parliamentary committees
by the Librarys Parliamentary Information and Research Service (PIRS)
currently provide research and analytical support to committees involved
in work on estimates. Among the key types of support available are:
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Briefings or research (for committees or individual members) on:
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estimates (including where the numbers come from, what they mean),
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the estimates process,
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individual programs or activities, and
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key information sources;
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Background analysis and advice on individual estimates, and programs that
might warrant detailed attention;
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Study plans (including suggested witnesses) designed to ensure that committees
have the needed knowledge by the time estimates are referred to them; and
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Briefing notes containing analysis and questions to support meetings on
estimates.
In 2004, responding to developments outlined in this article, the Library
of Parliament sought and received supplementary funding to hire 3 analysts
with skill sets that could contribute to strengthened PIRS support for
committees doing estimates-related program studies. The three analysts
hired brought experience at Finance Canada, Treasury Board Secretariat
and the Office of the Auditor General to the PIRS. They became members
of an internal working group created for the purpose of broadly enhancing
the capacity to support estimates work of the teams of PIRS analysts assigned
to committees of the Senate and House of Commons.
The working group, which christened itself the estimates cluster, consists
of the three estimates specialists as well as other analysts who work for
parliamentary committees distinctively mandated concerning issues of program
performance and government spending. These are the Standing Senate Committee
on National Finance, the House of Commons Standing Committee on Government
Operations and Estimates, and the House of Commons Standing Committee on
Public Accounts.
A central function of the cluster is facilitating the flexible assignment
of analysts with the required skill sets to committees undertaking estimates-related
studies. As well, cluster members provide information on best practices,
reference materials and direct advice to colleagues serving on other committee
teams. Committees thus benefit from estimates-related skill sets and knowledge
as required, combined with the specialized knowledge possessed by the regular
committee teams, relating to departmental programs within the committee
mandate and policy and operational issues with implications for performance,
value-for-money and spending. Finally, cluster members have found that
regular information exchanges, and best practices discussions, are helpful
in their own work for committees. The cluster thus capitalizes on an inherent
strength of the PIRS, the capacity to deploy multi-disciplinary support
and professional synergies in the service of Parliament and its committees.
Immediate Prospects
The current parliamentary environment contains both challenges and opportunities
relating to the further development of Parliaments effectiveness in scrutinizing
government programs and examining spending proposals.
So far, the existence of government minorities in the House of Commons
appears to be a mixed blessing for effectiveness. On the negative side,
the immediate possibility of an election is virtually a defining feature
of minority governments. This fosters a focus on short term tactical behavior
in Parliament, rather than the medium-to-long term systematic study of
programs and performance needed as a basis for constructive inputs by Parliament
on government spending. On the positive side, the fact that government
members are a minority in Parliament (and on committees) substantially
diminishes a major political barrier that normally precludes parliamentary
impact on them (effective or otherwise). Parliament is in a position to
affect government spending plans directly, as well as by persuasion in
the longer term, if that is its will.
With respect to prospective staff support, Bill C-2 (The Accountability
Act) has been passed by the House of Commons and is being examined by the
Standing Senate Committee on Legal and Constitutional Affairs as this is
written (October 2006). The bill provides that a Parliamentary Budget
Officer will be established within the Library of Parliament, with a wide-ranging
mandate to support Parliament in its work relating to various dimensions
of government budgeting and spending (and cost implications of private
members bills and committee proposals). With respect to Parliaments
work on spending estimates, the prospective Parliamentary Budget Officer
will be mandated to provide estimates-related analysis to the Senate and
the House of Commons and, on request, to any committee with a mandate to
study estimates. Although the concrete impact of the bill will depend,
in part, on the resources that are placed at the disposal of this new official,
the legislation prospectively provides for a considerable enhancement of
the technical support available to Parliament for its work on estimates.
Concluding Remarks
In recent years, the issue of Parliaments effectiveness in its roles relating
to revenue raising and spending has received heightened attention, several
committees have attempted innovative approaches to their work, and staff
support for the estimates work of parliamentary committees has been modestly
enhanced.
Progress to date has had minimal impact on the problem of political incentives,
however, which remains a major challenge in this area. Although there
is always the possibility that scandal or pointless activity can be identified
and remedied, most work on estimates will remain unglamorous. Administrative
issues and incremental progress do not attract the media spotlight reserved
for more dramatic issues of ethics or principle, are of limited comprehensibility
or interest to voters, and therefore offer limited incentives for investments
of time by parliamentarians. Furthermore, for committee members on the
government side, committee actions that transcend these limitations are
almost certain to result in the embarrassment of ministers, making involvement
in them unhelpful with respect to career progress within the government
ranks.
The possibility of influence on estimates in future years, encouraged by
the current structure of reporting to Parliament, does not really address
this problem. On the contrary, it is the product of a bureaucratic-rational
conception of the role of Parliament that remains largely detached from
the real world of politics. Although current Treasury Board Secretariat
guidance calls for reports to indicate how departmental plans respond to
parliamentary recommendations, it remains unclear how departments can persuade
committees that they are doing something they were not planning to do in
any case, or that ministers will be willing to share credit with parliamentary
committees for significant changes. Furthermore, a span of months or even
years between an investment of effort by a committee and a tangible impact
on departmental spending requires a tolerance for delayed gratification,
on the part of parliamentarians, that may be unrealistic given the pressures
of politics.
These challenges are substantial, but they may not be insurmountable.
Many are similar to those existing in other domains, such as the area of
policy studies by committees. More broadly, they reflect the general challenge
of adapting Parliament to its evolving environment. For this reason, supporters
of parliamentary governance have no option but to continue to try to find
ways to ensure that Parliaments roles related to revenue-raising and spending
do not decline into mere formalities.
Notes
1. Robert Marleau and Camille Montpetit, House of Commons Procedure and
Practice, House of Commons, Ottawa, 2000, Chapter 18, esp. pp. 701 ff.
2. See Norman Ward, The Public Purse A Study in Canadian Democracy, University
of Toronto Press, Toronto, 1951, p. 230 ff.
3. For an excellent overview of the evolution of parliamentary procedures
relating to the estimates, and assessments by scholars and parliamentarians,
see the report of the House of Commons Standing Committee on Procedure
and House Affairs, The Business of Supply: Completing the Circle of Control,
December 1998, pp. 7-16.
4. Ibid., p. 3.
5. House of Commons, Standing Committee on Procedure and House Affairs,
Improved Reporting to Parliament Project Phase 2: Moving Forward, June
2000.
6. House of Commons, Special Committee on the Modernization and Improvement
of the Procedures of the House of Commons, Report, June 2001.
7. House of Commons, Standing Committee on Government Operations and Estimates,
Meaningful Scrutiny: Practical Improvements to the Estimates Process, September
2003.
8. Peter Dobell and Martin Ulrich, Parliaments Performance in the Budget
Process: A Case Study, Policy Matters, Vol. 3, No. 5, Institute for Research
on Public Policy, May 2002.
9. Commission of Inquiry Into the Sponsorship Program and Advertising Activities
(Gomery Commission), Phase II Report, Restoring Accountability: Recommendations,
February 2006, p. 61.
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