At the time this article was
written Ed Philip was Chair of the Ontario Standing Committee on Public
Accounts and MPP for Etobicoke Rexdale. He was the keynote speaker at the
plenary session of Update '88, a conference for Ontario government financial
managers, held November 16, 1988, in Toronto. This text draws upon background
material prepared by the Committee's research officer, Wendy MacDonald of the
Ontario Legislative Library's Research Service.
In recent years, the Ontario Public
Accounts Committee's role has expanded, while its procedures and approaches are
evolving rapidly. This evolution is taking place in the context of a range of
parliamentary reforms in Ontario and throughout the world. Changes which seemed
to be threatening or even radical yews ago are now accepted or are under
serious consideration in Ontario and other jurisdictions. Some people fear that
this moves us from a parliamentary system towards the congressional system of
the United States. I would argue that these reforms, which I have been
advocating for many years, result in the blending of some of the more effective
processes of both. The growing complexity of our world means that many issues
no longer fall into neat categories that can be divided along party political
lines. There are problems which can be resolved in a consensus manner by
reasonable persons regardless of their political persuasion.
Political parties of both left and
right at least give lip service to concerns about increasing deficits, programs
that do not meet objectives, and various examples of waste and mismanagement.
It is my contention that in adapting some features of the congressional system,
the Ontario Public Accounts Committee is breaking new ground in making the
bureaucracy more accountable and efficient.
The Public Accounts Committee
shares a common goal with government financial managers. Both strive to ensure
the best possible management and use of the taxpayer's dollar. They also face
common challenges of increased government spending, greater complexity and
scope of activities, and financial constraints. These challenges mean that it
is more important than ever to ensure economy, efficiency, and effectiveness in
government operations and programs. The Public Accounts Committee plays an
increasingly significant role in achieving that goal.
Within the context of change and
development in its scope and procedures, the purpose of the Public Accounts
Committee has remained constant. Our system of parliamentary democracy is based
on the fact that the people, through the legislature, control the funds which
they have provided to those who govern. The purpose of the Public Accounts
Committee is to hold the government of the day accountable for the use of
public funds entrusted to it. However, the means by which the Ontario Public
Accounts Committee achieves that goal of holding the government accountable
have greatly expanded and strengthened over the years.
One key area of change is an
expansion in the areas of government activity which the Committee holds
accountable. Throughout much of its history, the Committee confined its
investigations to the activities and direct expenditures of government
departments. Then, in 1978, the new Audit Act empowered the Provincial
Auditor to conduct audits or to direct the audits of most major crown agencies.
Since that time, the Committee has devoted a substantial share of its attention
each year to investigating the crown agencies discussed in the Auditor's
reports.
Another major advance in the 1978
Audit Act was that it empowered the Public Accounts Committee to request the
Auditor to conduct special examinations of any matter covered iii the Public
Accounts - a power not shared by most other Public Accounts Committees. The
Committee has made extensive use of this provision during the 1980s, conducting
over half a dozen special studies in most years since 1982. One example is the
investigation of the financing of the SkyDome which the Committee conducted in
1985 and 1986 and which it is continuing later this fall. Although most of the
Committee's actual recommendations of 1985 and 1986 have been implemented, a
number of further concerns were voiced at that time which still merit scrutiny.
In his 1987 Report, the Provincial
Auditor also reviewed the system of tax expenditures in Ontario. It is 1ikely
that the future holds more scrutiny of these major but almost invisible
expenditures. Most recently, the Provincial Auditor is expanding the scope of
his coverage to the field of transfer payments - schools, municipalities,
hospitals, and universities, for example. These payments account for about half
of Ontario's expenditures. As yet, the Auditor's investigations in this area
are confined to inspection audits. However, the field of transfer payments
scrutiny is still evolving, and time will show whether and when the Auditor
will be given the mandate to conduct a more comprehensive audit of these
massive expenditures.
That mention of comprehensive
auditing leads to the next subject: the expansion of how the Public Accounts
Committee achieves its goal of holding the government accountable.
Although the phase-out of the
Provincial Auditor's pre-audit role in the early 1970s greatly assisted the
Public Accounts Committee's work by increasing the amount and depth of analysis
in the Auditor's Reports, the Committee's ability to conduct in-depth
investigations was still limited by the fact that the Auditor's mandate was
restricted to the traditional areas of financial regularity and compliance
auditing. In 1978, a critically important expansion in the Legislature's
ability to audit and investigate government expenditures was achieved through
the addition of a "value for money mandate to the Audit Act. These changes
allowed the Provincial Auditor, and through him the Public Accounts Committee,
to review the, economy and efficiency of government expenditures and to assess
whether adequate procedures were in place to evaluate the effectiveness of
these expenditures. This move to comprehensive auditing has had a profound
impact on the ability of the legislature to hold the government to account for
how it spends the taxpayers' dollar.
Another area of evolution in the
Public Accounts Committee's role is the question of who is held accountable -
ministers or public servants. The rapid growth and increasing complexity of
government activity has placed increasing pressure on the principle of
ministerial accountability, especially in larger jurisdictions such as Ontario.
In its 1980 Report, the Ontario Public Accounts Committee endorsed the
recommendation of the Lambert Commission that the deputy minister as chief
administrative officer account for his or her performance of specific delegated
or assigned duties before the Public Accounts Committee, and further
recommended that public officials should remain permanently accountable for
their decisions and actions while in a particular office.
In a formal response to the
Committee, the Government agreed with these recommendations, provided that the
principle of ultimate ministerial responsibility still applied. Since then, the
Public Accounts Committee has established the practice of formally notifying
witnesses that Deputy Ministers, or their equivalents in Crown agencies, will
be answerable to the Committee on matters of administration, and that they
remain answerable for those actions and decisions even after they have left
particular offices.
This approach increases the
effectiveness of the Public Accounts Committee in two respects. First, it
ensures that the Committee is able to question the people who are knowledgeable
about the details of the matter under review, thus overcoming a problem of
shortness of tenure by deputy ministers which Public Accounts Committees in
other jurisdictions know only too well. Second, it strengthens the non-partisan
nature of the Committee's work by ensuring a focus on implementation rather
than policy, with a view to better administration of funds.
The Committee has eleven members,
whose proportions on the Committee are similar to party representation in the
Legislature. Since 1968, the Committee has been chaired by a member of the
Official Opposition. The Committee is assisted in its work by a permanent clerk
and by researchers from the Legislative Library's Research Service.
The Committee is also supported in
its work by the Office of the Provincial Auditor, who, as a servant of the
Legislative Assembly, has the staff resources and the professional expertise to
delve into the Public Accounts and the full range of government activities and
pinpoint concerns about financial management and accountability. His Reports
form an essential component of the Committee's work, in addition to such
investigations as the Committee might decide to undertake.
Several features of the Ontario
Public Accounts Committee's recent operations have strengthened its
effectiveness in "closing the loop" of the accountability cycle.
The Committee meets every week when
the House is in session, and also for several weeks of hearings during each
recess. Most meetings of the Public Accounts Committee are televised. The
experience of being cross-examined on television provides a strong incentive to
senior public servants to correct the problems identified and avoid a repeat
performance. A permanent record is kept, through Hansard transcripts of all
meetings other than the in-camera meetings where committee reports are drafted.
The committee's work has also received extensive media coverage in recent
years. This public interest and coverage contributes to the necessary reforms
in the offending ministry, and also plays a role in educating staff of other
ministries.
With the assistance Of its research
staff, the Committee assesses the Auditor's findings and develops lines of
inquiry prior to hearings. The Committee has recently developed the practice of
formal briefing meetings before most hearings.
The Committee is in the process of
moving to a system of immediate reports on most matters, updated at year end by
the Annual Report. More timely recommendations for action and follow-up are
expected to strengthen the impact of the Committee's work and will allow for
recall of ministries where that seems warranted. On investigations of a
pressing nature, the report will frequently set out a timetable for
implementation of recommendations and a process for follow-up. Such follow-up
is essential to ensure that problems have been rectified.
The developments of the past decade
have greatly enhanced the Public Accounts Committee's ability to hold the
government accountable. However, there are still significant opportunities to
become yet more effective.
Substantial opportunities exist to
broaden the scope of government activities covered by the Public Accounts
Committee. The surface has barely been scratched with respect to accountability
for the massive government spending carried out through tax expenditures and
transfer payments. The regulatory area is another field of government activity
which is starting to receive more intensive legislative scrutiny.
Standards for comprehensive
auditing are still being established, and a number of questions remain to be
addressed:
How far should it go in assessing the actual effectiveness of government
expenditures?
Who should do those assessments?
How can those assessments be given a consistent set of standards and
principles?
Those issues are being addressed in
principle by bodies such as the Canadian Comprehensive Auditing Foundation, and
in practice by the new boundaries being set by legislative auditors and Public
Accounts Committees.
Finally, as noted earlier, the
Public Accounts Committee is moving to a system of more frequent reporting. The
goal of greater accountability would be well served if the Provincial Auditor's
mandate were expanded to allow frequent reports as well. This would reduce the
time lag in investigating and addressing problems of maladministration, and
thus attain greater value for money.
Another area in need of reform is
the Estimates process. In April 1988, the Public Accounts Committee
investigated the Auditor's concerns about deficiencies in the Estimates process
and his recommendations for reforms and strengthening of the accountability
cycle. Procedural problems included delays in review, inconsistencies in the
level of scrutiny relative to expenditures, deviations from the planned
schedule, and the inability to change items in Estimates. Other problems
included deficient information on which to base scrutiny, pressures on the time
and resources of members, and a lack of attention and commitment by members to
the process.
The Committee considered these
concerns, and endorsed the Auditor's recommendation that a Standing Committee
on the Estimates be established to conduct annual in-depth scrutiny of selected
Ministry Estimates. The Committee further called for this proposed committee to
be chaired by a member of the Opposition, and for its membership to include
three members from the Public Accounts Committee, one from each party.
It was recommended that six sets of
Estimates a year be chosen for review, by all three parties, using a cycle of
Official Opposition, Third Party, and Government Party, and that this be
supplemented by a system of written questions to other ministries on matters of
specific interest, and review of these other ministries where warranted. The
Public Accounts Committee also recommended that the proposal Estimates
Committee be given the power to recommend the reallocation of funding within
each vote. These recommendations, if implemented, would go far toward
strengthening the front end of the accountability cycle and giving the Public
Accounts Committee a strong basis for its after the fact investigations of
expenditures.
During 1988, the Ontario Public
Accounts Committee has undertaken a number of wide-ranging investigations, into
such areas as the quality of the mental health care system in the province, the
extent to which environmental regulations are being enforced, and the financing
of the domed stadium. However, although it is evident from the above that the
role of the Public Accounts Committee has expanded beyond purely financial
investigations, the area of financial management and control still forms a very
important aspect of the Committee's work. Almost half of the Committee's
investigations during 1988 involved or touched on this area.
The Ontario Public Accounts
Committee is trying to meet the needs of a complex society. It seeks to be non-partisan
in its work, It is often seen as being on the other side of the fence from
financial managers within government. Although management and the Public
Accounts Committee play different roles, they share a common goal: the best
value possible for the taxpayers' dollar, in accordance with the authority
given by tile legislature - the elected representatives of the taxpayer.
Traditionally, financial managers
have been involved in counting the dollars, adding the expenditures, ensuring
that money is spent as authorised. Although this work is important, it is
essential to look beyond such activities to new goals for financial managers -
making government more efficient, ensuring value for money, assessing whether
objectives are in place and are understandable, reviewing whether the ministry
has taken the most cost-effective approach to attaining the objectives, and
evaluating whether the objectives have been met. This may be different than
traditional accounting, but it is legitimate management and auditing. It is not
an exact science, but we must all try to achieve progress.
The Public Accounts Committee
contributes to efficient management by playing an advocacy role. Its work, and
that of the Provincial Auditor, ensure that accountability and value for money
receive the priority they deserve within the network of goals pursued by
government. The more effective the Public Accounts Committee is, the greater a
contribution it can make to the financial management community within
government. Its work leads to a higher priority on good administration and on
strong financial management and control, and thus to a greater role, more
resources, and more results for financial managers within government. That in
turn means greater value for money - our common goal.