Parliament, Policy and Representation,
edited by Harold D. Clarke, Colin Campbell, F.Q. Quo, and Arthur Goddard,
Toronto, Methuen, 1980, XXV and 325 PP.
During the two years before the 1979
election there were three major conferences on representation in Canada: one at
York University in 1977; one at Victoria in 1978; and one at Simon Fraser
early, in 1979. The major papers from the York conference were published in a
special issue of Legislative Studies Quarterly. The proceedings of the Victoria
conference were issued by the Institute for Research on Public Policy under the
title, The Legislative Process in Canada: The Need for Reform. Now we have the
product of the Simon Fraser conference.
Not every conference of parliamentarians and
professors is successful. Most parliamentarians are far more interested in
getting on with the game than in studying its theory and rules, and professors
sometimes fail to distinguish between technical research papers suitable to be
pondered and dissected by erudite colleagues and addresses interesting to the
public. From the present volume it is impossible to say whether the Simon
Fraser conference was a great success. The editors decided to put together a
book based on a selection of papers from the conference and to supplement them
with specially commissioned chapters. Which were conference papers is not shown.
As the editors state, their intention was to produce a book which would be
useful for undergraduates.
In our era, when the political strength as
distinct from the legal authority of the central government of Canada seems to
be declining, the first four papers are enlightening, although not cheering.
While Parliament as an institution still has a high place in the public mind,
the individual Canadian member is regarded as a poor performer by the public.
More and more staff help has been provided for members; yet the notion that the
"soon loose touch" has become more prevalent. Survey's show that few
Canadian members – in sharp contrast to U.S. congressmen – attract either
attention or trust. In part see the paper by Anthony Westell – this may, be due
to the adversarial role now taken on by Canadian newsmen. In part see the piece
by Kornberg and Wolfe – it may be due to the emphasis of the newspapers on the
Prime Minister and on elections. an emphasis so strong that in the public mind
the Prime Minister and elections are Parliament.
Members are fully. aware of the hostility,
and irresponsibility of many reporters. This was one reason why the TV cameras
were brought into the House of Commons in October. 1977. Unfortunately, over
two-thirds of the early reactions to broadcasts were negative: In one poll over
40 per cent oft hose interviewed said that the proceedings were long, boring,
uninteresting, childish, rude. Price and Clarke, the authors of
"Television and the House of Commons. conclude that the bad impression
created by what is broadcast is "potentially very serious."
It is notable that higher educated Canadians
show a more favourable attitude towards their representatives than does the average
citizen. But most students in most Canadian schools and colleges learn very
little about the governing of their country, as the Symons Commission on
Canadian Studies showed. (in contrast, many American students learn a great
deal about American government.) Is it any wonder that viewers who understand
almost nothing about Parliament are led by the clips from the Question Period
to think of Parliament as a bear-pit?
Two papers one by Kenneth Kernaghan and one
by Audrey Doerr deal directly with ministerial accountability. Both caution us
against changes that would tend to shift the task of governing away from the
ministers to the private members. Kernaghan distinguishes between the principle
that a minister must resign whenever his officials make a serious mistake and a
second principle, that its minister always is answerable in Parliament for a
department's conduct. The former, he finds, no longer is realistic, but the
latter remains central to our system of government. By changes designed to make
the answerability of public servants commensurate with their power in the
political process" he does not worry about having them explain estimates
and the like we would bring about a constitutional revolution.
Doerr agrees. She concentrates on the
desirability of greater contact between the House and the public servants, but
stops short of a constitutional reconstruction. Her main emphasis is on the
need for a standing committee to review the operation of Crown corporations and
a standing committee on expenditures.
No one interested in procedural reform
should pass over Paul Thomas' paper, Parliament and the Purse Strings. The most
controversial procedural question in Ottawa since 1963 has been the business of
supply; one can speculate that the view that the Trudeau government could not
manage the treasury contributed to its near defeat in 1972 and to its defeat in
1979. The Official Opposition's persistent condemnation of the abolition (in
1968) of the Committee of Supply contributed to the view prevalent throughout
the 1970s that the Liberals had no interest whatsoever in controlling
expenditure. And, of course, the truth of the matter is that the House still
has not achieved a satisfactory procedure for dealing with the financial aspect
of supply business.
The Committee of Supply was a political
forum; it did virtually nothing to control expenditure. One unforseen result of
the new (1968) procedures, by which the estimates now are sent to the standing
committees, was to reveal that the House had virtually no effective control as
distinct from legal control on the purse strings. Perhaps the House is prepared
to settle for legal control; perhaps not. If not, Thomas' paper is good reading
for reformers. He provides an impartial description of the pre1968 supply rules,
and of the new regime. He recognizes that the House was and is exercising very
little management and strategy control. What is more, he makes reform proposals
which are realistic.
Should the Clark government have fired more
mandarins? Survey findings reported by Brodie and Macnaughton show that civil
servants and Liberal MPs tend to have far less confidence in free
enterprise" and the market" than have PC members. The proposition,
"The government which governs least governs best," evoked agreement
from 54% of the PC members surveyed. in contrast to agreement from 19% of the
Liberal members and agreement from 20% of the civil servants surveyed. Does
this mean, as the authors seem to think, that given the fact that the Liberals
have been the dominant party since 1935 the civil servants have been
liberalized?
Or is it, one may ask, that the Liberals
have been educated, converted, taken over by the experienced, professional
civil servants? The struggles within the Clark government, as described in The
Discipline of 'Power, lead one to suppose that a party long out of office is
likely to adopt beliefs and to make commitments which are unrealistic, and that
once in office it has either to keep its commitments regardless of the
consequences or to move close to the views of the civil service (and the former
government). Is not that a part of the out-party syndrome? In addition, one may
ask if there is not a connection between the substantive difference between the
PCs and the civil servants and the recent irruption of concern about mandarin
irresponsibility.
The second last paper, by Norman C. Thomas,
shows that the solution to Canada's basic constitutional problem dwindling
confidence in our system of government is not to be found in Washington. From
there, we look good!
Two of the editors. Campbell and Clarke,
close the book with some thoughts on reform. Public support is waning because
unpopular policies and bad administration are blamed largely on bureaucrats.
whom our system presently places beyond responsibility to Parliament. In short,
these editors share the opinion, not new but recently epidemic among
politicians and professors, that the mandarins now exercise far too much power,
and do so irresponsibly. Whether they are right or wrong is debatable and that debate
is not helped by the formal distinction between power and influence but that
this opinion is very common seems beyond refutation. It is an opinion which,
right or wrong, is profoundly dangerous, especially when governments cannot
avoid unpopular decisions. Campbell and Clarke propose some remedies. Query:
now that "the government party is back in place. and with a majority, will
the ministers and mandarins assume that all is well with this aspect of the
constitution. The message of most of these papers is that to do so would be a
mistake.
As provincial governments become more and
more powerful Ottawa professors will have to pay more attention to them. This
book contains three pieces which serve to whet the appetite: one on how
provincial legislators come to their views of their roles; one on the
development of provincial legislatures from political arenas to policy-shaping
bodies; and one on private members in Ontario as links between the citizens and
their provincial government. Legislators. provincial and federal alike, will be
pleased to learn that faithful case work on pensions, passports, etc. does
count on the day of judgement.
John B. Stewart, Professor of Political Science, St. Francis Xavier
University, Antigonish, Nova Scotia