Friday, December 28, 2012

Parliamentary Democracy Strikes Back








Powering up the Speaker of the House
Former MPs, law clerk have a plan to bring decorum to Parliament
By Leslie MacKinnon CBC News Posted: Dec 28, 2012 6:34 AM ET
Two former Liberal MPs and a former law clerk of the House of Commons, weary of what they see as a dysfunctional House of Commons, are working on a proposal to give more power to the Speaker.
Former MPs Paul Szabo and Derek Lee, along with Rob Walsh, the recently retired law clerk, have been brainstorming about how to fix Parliament, and are quietly lobbying for change.

 ***
Walsh suggests changing the rules to give the Speaker more power.
"Put something in the Standing Orders (written rules of the House of Commons) that recognizes the well-established traditions of parliamentary practices and call upon the Speaker to see that those practices are respected and not in some manner abused."
As examples of abuse, Walsh cited omnibus bills that amend dozens of acts, or the constant moving of committee business behind closed doors.
"We're talking about obstruction by majorities, using the majority position to suppress the opposition."

*** 
 Canadians who despair of the cacophony in question period might be heartened by what goes on in the British House of Commons, where the Speaker has the power to evict members, cut off speeches and adjourn the legislature if things get too rowdy.
In a video on the website of the British newspaper the Telegraph, Speaker John Bercow is shown yelling full bore at MPs, ordering them to sit down and be quiet or risk being kicked out. He admonishes one MP for a "bogus point of order" and tells another "to act like an adult."
Bercow has even publicly blasted his own party leader, Prime Minister David Cameron, for refusing to answer questions about the phone-hacking scandal.

 ***
Exasperated question period junkies in Canada might look to the Australian House of Commons [should be "House of Representatives" - DC], where there is a penalty box, or "sin bin," that the Speaker can employ for an hour to hold errant MPs.
"I was in Australia with [former Speaker] Peter Milliken," said Szabo, "and we went to QP, and there were actually two or three people put in the penalty box while we were there, for good reason."


RON MACLEAN
Welcome to a very delayed House of Commons Night in Canada, the first for the 2012-2013 season.  I'm Ron MacLean here with Don Cherry.  Grapes, we've neglected the House of Commons what with the NHL lockout keeping us spinning our wheels, so let's catch up. 

DON CHERRY
Yeah, well I think the most important thing in the new season is intercourse in the House...

RON MACLEAN
I think you mean "discourse"...

DON CHERRY
No, "dyscourse" is what we've got now - everybody talking and nobody listening.  Question Period is totally psycho - the Opposition asks a question and somebody from the Government side gives an answer that is from outer space and the exact same as all of the the other government answers on the same day that are all useless.

RON MACLEAN
So from your point of view, what would be ideal intercourse in the House of Commons?

DON CHERRY
Well as the Australians say, now you're asking me a question.  In my opinion - and this is only my opinion...

RON MACLEAN
Yeah sure, your opinion's like a Papal Bull...

DON CHERRY
Why are you bringing Belleville into this?

RON MACLEAN
They have an Olympic size rink.

DON CHERRY
You've managed to confuse me.

RON MACLEAN
Just ignore me.

DON CHERRY
What should happen is if you're asked a straight question you give a straight answer.  Everybody can agree to disagree afterwards but at least the whole thing gets aired in public, which I thought was the whole idea. Anyway, the good news is that Rob Walsh is on the case...you remember Walsh?

RON MACLEAN
Of course, from the Battle of the Robs.  Former Clerk of the House of Commons - their lawyer.

DON CHERRY
Go to the head of the class.

RON MACLEAN
I'm more a back of the bus person...

DON CHERRY
I'm going to have a heart attack from not surprise.  Anyway, Rob and Peter Milliken - the last Speaker of the House, a guy I've got a lot of time for...

RON MACLEAN
Of course there's a lot of time on our hands during the lockout...

DON CHERRY
I'm starting to think you're a part of the problem, not the solution.  Anyway, Rob and Peter and some other guys who care about Parliamentary Democracy are about to campaign for more power and independence for the Speaker...

RON MACLEAN
I thought you're idea of refereeing was to just let 'em play...

DON CHERRY
You haven't been paying attention.  The idea of refereeing is not to get in the way of the game, but making sure that cheap shots, diving, and all the other dishonourable crap get penalized.  There's always The Code, but you need somebody to call the rest or it would be anarchy out there.  And you can't have everybody discussing every off-side.

RON MACLEAN
So what does that look like?

DON CHERRY
Well, you'll find a good summary on the CBC, even though the CBC is mostly latte drinking Volvo drivers.  

RON MACLEAN
I think those people have moved on to Chai tea and the Prius.

DON CHERRY
What's a Prius?

RON MACLEAN
A hybrid.

DON CHERRY
Is it a car?

RON MACLEAN
Sure.

DON CHERRY
Anyway, these guys in the Speaker lobby have looked at other methods of making Question Period work.  In Britain, the current Speaker is John Bercow...

RON MACLEAN

DON CHERRY
... and I've got a lot of time for this guy,too.  He tells people to shut up and sit down, and throws people out if they don't answer questions or show proper respect for the game.

RON MACLEAN
And they also looked at the Australian system, where the Speaker has an actual penalty box. The analogies with hockey get more similar, what with bench clearing brawls in Westminster...

DON CHERRY
Exactly.  You know, the beauty of parliamentary democracy is that it evolves.

.RON MACLEAN
..like eliminating the red line?

DON CHERRY
Sure, but I think Winston Churchill said it best as usual:
"Thus we arrive, by our ancient constitutional methods at practical working arrangements which show that Parliamentary democracy can adapt itself to all situations and can go out in all weathers."
RON MACLEAN
You never cease to surprise me.  Well, we've got a lot to look forward to in the coming season, even if for now Question Period is an Orwellian grope* through the government's propaganda.

DON CHERRY
Sometimes you surprise me.

RON MACLEAN
I got that line from a book.  Anyway, I've evolved along with your suits.

DON CHERRY
Clothes make the man.

RON MACLEAN
Have you considered running for Parliament?

DON CHERRY
Come on!  I barely got used to Twitter.

RON MACLEAN

DON CHERRY
He didn't have the right clothes.

RON MACLEAN
Until 2013, that's it for House of Commons Night in Canada.

DON CHERRY
I'd like to see what happens if van Loan gets in a brawl with Trudeau...

* Dispatches
   by Michael Herr
   Page 99