Reform Initiatives in Other Jurisdictions

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Enhancing the Role of MLAs the Legislature and
Ensuring Accountability Reform Initiatives in
Canada Presentation to Commissioners February
19, 2004
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Initiatives across Canada to Enhance the Role of
MLAs and Legislatures

• Appointment of government members to Cabinet
  committees.
• Establishment of government caucus committees
  that report to Cabinet.
• Appointment of Parliamentary/ Legislative
  secretaries or assistants.
• Allowing free votes in the Assembly

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Initiatives across Canada to Enhance the Role of
MLAs and Legislatures (contd)

• Enhanced role for Legislative Committees/greater
  public involvement.
• Ensure membership on (and leadership of)
  Committees from both sides of House.
• Allocate more resources for Members, committees,
  legislatures.

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1. Appointment of Government Members to Cabinet
Committees

• Examples
• Alberta 6 standing policy committees chaired by
  government backbenchers and comprised of
  backbenchers and cabinet ministers.
• Government appoints advisory committees to
  departments, chaired by government MLAs. (Ex
  Policy Advisory Committee on Hospitals and
  Medicare advises Department of Health.)
• PEI Restructured its Cabinet Committees in
  August 2000, to include up to 2 government
  backbenchers on Treasury Board and up to 4 on
  other cabinet committees .
• Government backbenchers chair 3 cabinet
  committees.

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Appointment of Government Members to Cabinet
Committees (contd)

• BC Government backbenchers appointed to
  committees of Cabinet in 2001.
• In all these jurisdictions,large majority
  governments and correspondingly large number of
  government backbenchers led to initiatives to
  involve them in government decision-making.

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2. Establishment of Government Caucus
Committees that report to Cabinet

• BC - 5 government caucus committees created in
  2001 (Health, Government Operations, Natural
  Resources, Communities and Safety, Economy).
• Mandated to review and monitor policies, programs
  and legislation, make recommendations and provide
  policy advice to Cabinet, consider budgetary
  implications of proposals and implementation
  strategies.
• Authorized to hear public submissions.

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3. Appointment of Parliamentary Secretaries

• Parliamentary Secretary (also known as
  Parliamentary Assistant, Legislative Assistant,
  and Legislative Secretary).
• A position which provides a government
  backbencher an opportunity to gain some executive
  and departmental experience.
• Role differs depending on the jurisdiction but
  generally, helps get legislation through the
  House, sometimes answer questions in House for
  Minister, meets with stakeholders and public
  delegations, and makes policy announcements.

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Use of Parliamentary Secretaries in Canada
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4. Allowing Free Votes

• Examples
• BC - Free votes introduced in follow up to
  Liberals 2001 New Era election platform
  commitment.
• All MLAs can vote freely on behalf of their
  constituents on matters not specifically
  identified as a vote of confidence.
• Ontario - Commitment in 2003 Liberal platform to
  free your MPP to represent you.

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Allowing Free Votes (contd)

• Federal Government - new three-line voting system
  for its own members
• One-line free vote all govt MPs free to vote
  as they see fit.
• Two-line free vote govt takes a position and
  recommends preferred outcome to caucus. Ministers
  and Parl. Secs affected are bound to support
  govt position others may vote as they wish.
• Three-line free votes votes of confidence and
  for a limited number of matters of fundamental
  importance to the govt members expected to
  support the govt.
• Ethics, Responsibility and Accountability -
  An Action Plan for Democratic Reform (released
  Feb 2004)

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5. Enhanced Role for Legislative Committees

• Examples
• Ontario, Saskatchewan -
• Policy field committee concept Legislative
  committees are organized to deal with most of the
  activity of the executive branch of government.
• Each committee covers a particular number of
  public policy fields and accordingly, the related
  departments and agencies.
• Greater public involvement as Committees can hold
  public hearings on legislation and may hold
  inquiries (call witnesses, etc.)

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Enhanced Role for Legislative Committees (contd)

• NB - In 1999, established 3 new select committees
  health , education and appointments.
• Election commitment made by Premier in 2003 to
  make select committees on health and education
  standing committees of the House.

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6. Membership on/Leadership of Legislative
Committees

• Saskatchewan - Chair of new committees to be a
  government member and deputy chair to be an
  Opposition member. (except for Public Accounts
  Chair to be Opposition member).
• Ontario - Standing orders provide that membership
  and Chairmanships must be in proportion to
  recognized Parties in the House.
• NB - Leader of NDP appointed chair of Select
  Committee on Public Auto Insurance
• Chair of Public Accounts always an Opposition
  member

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7. More Resources for Members, Committees and
Legislatures

• NB in 1999, new funding (25,000 per member)
  allocated for constituency office/staff person.
• Federal Government - Ethics, Responsibility and
  Accountability - An Action plan for Democratic
  Reform recommends
• Increasing resources to Library of Parliament and
  Parliamentarians for research.
• Giving committees greater authority to allocate
  their budgets.
• Providing more resources to Committees to conduct
  independent studies.

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Ensuring Accountability
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Two inter-related ways to look at accountability

• Ensuring Accountability of MLAs to their
  Constituents
• 2. Ensuring Accountability of Governments to
  Citizens

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1. Ensuring Accountability of MLAs to their
Constituents

• Most jurisdictions (including NB) have an
  Ethics or Conflict of Interest Commissioner, who
  is an officer of Legislative Assembly, and who
  oversees Conflict of Interest legislation for
  members.
• Federal government - Democratic Reform Action
  Plan says they will reinstate legislation to
  establish office of an Independent Ethics
  Commissioner.

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Accountability of MLAs to their constituents
(contd)

• Saskatchewan - Adopted a Code of Ethical Conduct
  for MLAs in 1993.
• Mainly sets out principles regarding financial
  affairs and avoiding conflicts of interest, but
  includes a Statement of Commitment to the
  people of the province, constituents and
  colleagues in the Assembly.

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Ensuring Accountability of MLAs to their
constituents (contd)

• NB Commitment in New Vision New Brunswick,
  1999 PC election platform, to introduce an MLA
  Responsibility Act setting out the key roles and
  duties of MLAs, a code of conduct, and requiring
  that each MLA hold at least two public meetings
  per year.
• LAC charged with reviewing the idea of a MLA
  Responsibility Act or Code of Conduct.
• Recommended in April 2003 changes to Standing
  Rules to allow for a Code of Conduct and
  Statement of Roles and Responsibilities of
  Members to be established. No further action yet.
  

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Ensuring Accountability of MLAs to their
constituents (contd)

• BC introduced recall of members in 1996.
• No successful recalls to date.
• Premier Campbell committed in 2001 election
  platform to amend the recall and initiative
  legislation to make it more workable and easier
  to hold MLAs accountable
• To date, changes to the Recall and Initiative
  Act involve amendments to rules around election
  campaign donations and outlawing donations of
  money by charities to political parties.

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2. Accountability of government to citizens

• Examples
• BC - Since June 2001, Open Cabinets for
• All major capital projects approvals and
  decisions
• Land use decisions including the dedication of
  parks
• Public policy decisions on gaming
• Decisions with regard to the Agricultural Land
  Reserve
• Changes in policy with regard to forest tenures

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Accountability of government to citizens (contd)

• Labour negotiations, acquisitions or sales,
  personnel matters are not dealt with in BC Open
  Cabinet.
• Agendas are posted on the web in advance of
  meeting
• Presentation materials and briefing notes used at
  these meetings are made available on-line after
  meeting is adjourned.

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Accountability of government to citizens
(contd)

• Ontario As part of Democratic Renewal Plan,
  the government is amending Executive Council Act
  to require Cabinet ministers to attend QP at
  least two-thirds of the time.
• 500 /day fine for not attending, to be paid into
  Consolidated Fund

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Accountability of government to citizens
(contd)

• NB - a regular occurrence for cabinet meetings
  and government caucus meetings to be held around
  the province.
• Allows members and ministers to meet with
  residents, business and community leaders, to
  discuss issues of common interest.

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Ongoing Reform Initiatives

• Quebec - Hon. Jacques Dupuis, minister
  responsible for the Secretariat à la réforme des
  institutions démocratique said in July 2003
• I will invite parliamentarians to appear before
  the standing subcommittee on parliamentary reform
  and propose, discuss and unanimously adopt
  amendments to the Standing Orders of the National
  Assembly. The goal here will be to reassert the
  role of elected officials, the full exercise of
  their right to speak and the effectiveness of
  government action.

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Ongoing Reform Initiatives (contd)

• Ontario - In 2003 Premier McGuinty created the
  Democratic Renewal Secretariat.
• It will be responsible (among other things) for
  expanding the role of MPPs in the house.