At the time
this article was written Monique Guay was the Member of Parliament for
Laurentides. This article is based on her presentation to the Inaugural
Commonwealth Parliamentary Association Seminar held in Ottawa in November 2001.
There are many reasons individuals
stand for election to public office. But sooner or later all elected representatives
have to decide whether to follow their personal beliefs, party discipline, or
the wishes of their electorate. This article examines some of the elements of
this dilemma.
Party discipline can be compared to team spirit in sports.
A minister in the Liberal government of Pierre-Elliot Trudeau once
compared Canadian politics to a team sport like football, hockey or baseball.
It is dependant on mutual trust, on
close cooperation by all members of the team and confidence that each
individual will play his role.1
Party discipline is also the unwritten
rule that sometimes forces parliamentarians to set aside their personal beliefs
if they conflict with the decisions made by their party. Dissent can be
voiced in caucus meetings, which are usually held behind closed doors, away
from cameras and journalists. Caucus is where MPs can say they disagree
with a bill or one of the party’s positions or bring up a policy they would
like to see incorporated into the party’s election platform. It is not
unusual for a newly elected MP to discover with astonishment and confusion that
there are greater rivalries within a party than there are between opposing
parties.
Once the debate is over, the MPs have
to rally behind their party’s decisions; if they do not, they run the risk of
being reprimanded. Parties can use perks the appeal of which depends on whether
the party is in government or in opposition. A loyal MP can be made a committee
chair, House leader, a parliamentary secretary or a Cabinet minister. Insubordinate
MPs can be relegated to the back benches, refused authorization to travel
abroad, thrown out of caucus or barred from running in the next election.
The Pros and Cons of Party Discipline
Advocates of more freedom for MPs say
that loosening up the rules on party discipline would:
- lend greater credibility to the role of
MP;
- encourage Canadians to get involved in
public life;
- draw more strong candidates who would be
able to garner votes by promoting their own personal qualifications as well
as the commitments made by their political party;
- help restore faith in democracy among a
large proportion of Canadians in Quebec and elsewhere;
- allow MPs to openly state and defend
their position without sparking political and media controversies that are
irksome to party leaders and sap energy that could be better spent on the
business of governing;
- foster dialogue based on mutual respect
among the players that would be safe from authoritarian practices that are
not in keeping with the times.
For others, any new powers that would give MPs more
authority would amount to a reduction in the power of voters. Proponents of
this view argue that party discipline has a dual objective:
- to ensure a clear distinction between the
government and the opposition in Parliament;
- to provide a measure of ideological
certainty on which voters can count.
John Reid, an ardent supporter of party
discipline, once wrote:
Under our system of
responsible government, the public at an election has great power to make
decisions. If the electorate does not like the government, it knows how to vote
effectively; if it does not like a policy, it knows how to vote effectively; if
it does not like the leader, it knows how to vote effectively, and if it does
not like the local Member, it knows how to vote effectively.
But this ability to vote effectively
results from party discipline. If there is no party to hold responsible for
actions, how can the general electorate act effectively?2
Whether we side with those who favour more
flexible rules on party discipline or those who want the status quo, one fact
remains: party discipline is a serious dilemma for MPs, especially when it
clashes with an MP’s wish to properly represent his or her constituents and
advance his or her personal beliefs.
All MPs face this dilemma, but the
problem seems to be worse for MPs who sit on the government benches. We
currently have a situation in the House of Commons that epitomizes this party
line problem, especially for the party in power. There is a broad
consensus in Quebec – and there was even a unanimous vote in the National
Assembly – opposing the federal government’s Bill C-7, which will repeal the
current Young Offenders Act and replace it with a new law that
Quebeckers feel is unacceptable, in part because of the coercive approach it
takes; they prefer the rehabilitative approach, which has stood the test of
time in Quebec. Quebec MPs who are part of the government majority have
to support the bill even though they, like those of us in the BQ, know full
well that that is not what their fellow Canadians want. Because of party
discipline, they have to explain their position to voters and even try to
convince them that the bill is a good one, even going so far as to condense the
information in an effort to convince the electorate that the government is on
the right track and the opposition is wrong.
Eliminating Obstacles to Private
Members’ Business
Private members’ bills and motions are
tools that MPs can use to put forward their personal beliefs or fulfil their
duty to speak for voters. However, the process these bills have to go through
is entirely random and extremely frustrating, which makes the dilemma
parliamentarians face in trying to balance their duties as MPs, their role as a
representative of voters and their personal beliefs even greater.
Bills and motions are usually tabled
fairly quickly, but if they are to make it to second reading, they have to be
selected in a draw held two or three times in a parliamentary session. If luck
is not with them, MPs have to wait indefinitely for their bill or motion to go
anywhere.
The bills and motions that do make it
through the draw are placed in the order of precedence for private members’
business. However, the Procedure and House Affairs Committee decides by
consensus whether each bill or motion will at some point be debated in the
House for one hour without a vote or three hours with a vote.
A bill or motion that is not selected
for a vote will be debated for one hour during the time set aside each day for
private members’ business and then struck from the order paper and treated as
if the MP never tabled it.
Even if the Procedure and House Affairs
Committee decides that the bill or motion will be voted on, the MP is still not
out of the woods. The bill or motion will have to:
- win a majority vote on second reading;
- be referred to the committee which
studies the matters dealt with in the bill or motion;
- be approved by the committee and go back
to the House for the report stage;
- lastly, win a vote on third reading.
With all the steps private members’ bills and motions have to go through, it is
usual to see all or almost all bills and motions die on the order paper when a
new legislative session is proclaimed or Parliament is dissolved for an election.
Conclusion
We see how Canadian parliamentarians
are constantly torn by this never-ending dilemma between the position of their
party – and the penalties they could face – their personal beliefs and their
duty to represent their constituents in Parliament.
Canada should look at other parliaments
in the Commonwealth, in particular the British House of Commons, where
dissenting votes have long been part of the political landscape. In the
1970s, a quarter of the votes cast in the British legislature were dissenting
votes. Between 1983 and 1987, when the Conservatives were in power in
London, the House held 62 recorded votes in which 137 Conservative MPs voted
against the government. In Canada, those MPs would have been declared
disloyal because any form of expression that goes against the government is
perceived as a vote challenging the very legitimacy of that government.
Of course, MPs can use other tools to
promote views not considered important by their party such as private members’
bills as an appropriate way to take action. But many MPs are reluctant to go
that route because the success rate is very low. It would probably be
different if the procedure were automatic, more transparent and more equitable.
The House of Commons is currently
studying proposals for parliamentary reform. Hopefully, it will give
thought to the dilemmas which we face as parliamentarians and which give
Canadians – and especially MPs themselves – the impression that we are nothing
more than voting machines.
Notes
1. Reid, John, “The
Case for Party Discipline”, Canadian Parliamentary Review, vol 16 (no.3,
1993) pp 2-4.
2. Ibid., p 4.