:
Mr. Speaker, I am dealing with an opposed item, the opposed item being the estimates necessary to carry on the business of the Senate. It is the funding for the Senate.
This is an item the New Democratic Party opposes every year. Every year the NDP causes us to have to deal with the issue of whether or not the other place ought to receive any funding. The NDP's argument, as one can see from the debates in previous years on this matter, is to argue that the Senate has no legitimacy. That argument will be summed up with more finesse by one of my hon. colleagues on the New Democratic benches in time, but it goes something like this: the Senate has no place, as an appointed upper House, in a modern federation like Canada. We would be better off with a unicameral Parliament.
I expect NDP members would point to a number of other jurisdictions that have unicameral Parliaments, such as New Zealand or the various provinces, some of which did in fact have legislative councils, upper Houses, of their own in the 19th century. These were abolished in the course of the 19th century in Prince Edward Island, Nova Scotia, New Brunswick, and Manitoba, and then in the course of the 20th century in Quebec. No other province has one.
That would be the essential argument they are making. The New Democrats would also argue that no change to the way the Senate is structured can make this body better than the situation we would have if we had a unicameral Parliament. That is the essential argument. It is a defensible argument, although I do not share in it myself.
The trouble with this argument today is that we are facing a somewhat different set of ground rules than we were in the past. This argument was presented in the past with the symbolism of saying that the Senate is a morally bankrupt place and therefore we ought not to fund it. We all understand that in the end the funding will go through and the estimates will be approved, but we are making a statement.
That is a statement that no longer has very much moral resonance, and I would urge the New Democrats to perhaps refrain from opposing this item in future years. I will present my argument as to why this should be the case.
What is different from previous years is that this year we have an answer to a series of questions that were posed to the Supreme Court last year regarding different ways of reforming the Senate.
Building on the fact that there was a consensus among Canadians that the Senate ought not to be an appointed body into the future, the government put forward a series of six specific questions to the Supreme Court of Canada, asking about different options for changing the Constitution in order to change the structure of the Senate.
These included a question regarding limits of tenure on senators: instead of being appointed to age 75, could senators be appointed for some limited term of perhaps eight, nine, or ten years? Six years is actually the standard we see in both the United States and Australia, and I would argue it is essentially the gold standard worldwide, but it had not been considered in Canada. We were looking at a longer term.
Limitations on the terms of senators was a question that was asked in several different ways. What amending formula would apply to this kind of limit or that kind of limit on senators? What if it only applied to senators appointed in the future, or only to senators who had been appointed after the current government came to power or who had signed declarations indicating a willingness to step down?
Second, the Supreme Court was asked about consultative elections. What if the federal government were to sponsor consultative elections, meaning a kind of plebiscite among the people of the province as to who ought to be appointed on their behalf to represent them in the Senate?
Third, what about a federally sponsored framework under which provincial governments could enact their own legislation, which would be used for these consultative votes on who should be appointed to the Senate?
Then there was a question that related to the repeal of property qualifications to be appointed to the Senate.
Finally, the Supreme Court was asked about just abolishing the Senate. Could it be done under federal powers?
The Supreme Court responded to all these questions.
To explain what happens next, it is important to remind people that there is more than one amending formula for the Constitution of Canada. In this respect, we are not like the other great federations of the world.
The amendment formula for the U.S.A. is that if three-quarters of Congress and two-thirds of the state legislatures support a resolution to amend the Constitution, then that amendment will take place. The Australian system is that if there is a majority in a referendum in a majority of the states, then there can be a change to the Constitution.
The Swiss also have a consistent referendum system. A majority of cantons must approve it, as well as a national majority. Similarly, Germany is also a federation, as is Austria. They too have systems that have one amending formula.
However, in Canada there are five amending formulae. We have a system under which the federal government can unilaterally amend the Constitution, section 43 of the Constitution. Section 44 says that an amendment can apply to a single province. I am not working this through in the order in which they are stated. Section 38, the so-called general amending formula, says that certain aspects of the Constitution can be amended with the support of seven provinces having 50% of the population of Canada.
Another formula, the unanimity formula laid out in section 41 of the Constitution, says that for certain kinds of amendments, every province must give its consent. When I say “every province”, what I mean is every provincial legislature, so in practice a section 41 amendment has to be supported by all 10 provincial legislatures as well as the Parliament of Canada. For the 7/50 formula, seven provinces with 50% of the population must consent.
It is not always clear which amending formula applies to which aspect of the Constitution. There are a number of areas that are unclear, none more so than the Senate. What the Supreme Court did in its ruling earlier this spring was lay out which of the amending formulas applied.
The Supreme Court's opinion, right or wrong, is binding upon us. It turned out that the Supreme Court said that federally sponsored elections or federally administered elections, which is to say those conducted under provincial legislation that fits into the federal framework or those directly administered by the federal government, cannot be permitted. They are unconstitutional. The Senate cannot be democratized unless there is first a constitutional amendment that is approved by seven provinces and half the population of Canada.
With regard to limitations on the terms of senators, it said that a limitation cannot be placed on a senator and that if a senator has signed a declaration in advance indicating a willingness to step down, that declaration is of no binding force or effect unless there is first an amendment that is approved by seven provinces with half of Canada's population.
With regard to the question of repeal of property qualifications, right now there is a requirement that a person must own $4,000 of real estate, a more significant amount in 1867 than it is today, in the province he or she is representing, or a leasehold to that value. The Supreme Court said that requirement can be abolished, but unilaterally. The federal government can actually pass an amendment in Parliament that will strike down that provision, but not with regard to Quebec.
In Quebec, there is a provision that one must own $4,000 of real estate in the electoral district that a person is representing in the Senate. One of the quirks of the way the Senate is set up is that senators from Quebec represent districts that were outlined in the census of 1861 for the legislative assembly of the United Province of Canada, and those 24 districts were frozen in place at that time and continue to be represented. There are all kinds of oddities involved in this issue. Quebec was geographically smaller than it is today, so northern Quebec is not represented by anybody. The northern two-thirds of Quebec has no representation at all.
The districts bear no resemblance to population patterns in Quebec today. Rural districts have almost no population, vis-à-vis the Island of Montreal, which has dozens of federal ridings but, if I am not mistaken, just two districts. That is an accurate reflection of the population of Quebec in mid-19th century, but not today.
If we wanted to get rid of that and say that people just have to be a resident of Quebec and that they do not have to own real estate in that particular district, we could not initiate that amendment. We could initiate it, but we could not follow through. The Quebec National Assembly must also approve it. We could not do something as simple as that unilaterally.
Finally, the Supreme Court spoke on the issue of the abolition of the Senate. This is the proposal favoured by the New Democrats. What the Supreme Court said was that in order to abolish the Senate, an amendment approved by all ten provincial legislatures and both Houses in the Parliament of Canada is required.
What we are talking about here is zero funding, but taking away the funding for this institution demonstrates nothing anymore. The Senate is unreformed because the Supreme Court has said that we cannot reform it. We really cannot abolish the Senate unless we get the consent of every single provincial legislature.
However, it is more complicated than that. In 1996, in the wake of the Quebec independence referendum that got a “yes” vote 49.3%, if memory serves, the Chrétien government introduced a piece of legislation known colloquially as the regional veto act. I am going to take a moment to read the relevant parts of this very small act. It is “An Act respecting constitutional amendments”, and it was assented to on February 2, 1996. It says:
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:...
(1) No Minister of the Crown shall propose a motion for a resolution to authorize an amendment to the Constitution of Canada, other than an amendment in respect of which the legislative assembly of a province may exercise a veto under section 41 or 43 of the Constitution Act, 1982 or may express its dissent...unless the amendment has first been consented to by a majority of the provinces that includes
(d) two or more of the Atlantic provinces...[representing] fifty per cent of the population [of that region]
(e) two or more of the Prairie provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population [in the Prairie region]
There we are. We have to have a majority in all of the regions before we can even introduce an amendment. This is significant because it means that we cannot initiate a proposal. A minister of the crown cannot stand up and propose to abolish the Senate or amend the Senate by making it more democratic, limiting terms, or getting rid of property qualifications unless the measure has first been approved by the government of a province. We are no longer able to initiate constitutional amendments under this legislation.
We could try repealing this legislation and then proposing an amendment to the Constitution regarding the Senate. However, right now that ability does not exist. While I understand the sincerity of the New Democratic Party members in their desire to remove the Senate, an institution that they regard as atavistic, the fact is that we are not in a position to make that change.
Ironically, they are in a position to make that change. No minister of the crown may make this change, but the member who proposed the opposition motion, for example, could, if he wished, propose a resolution to this effect. We could then see the start of some process, I guess.
If they are sincere about some kind of change to the Constitution of Canada, it is time for them to start demonstrating it by putting something forward. Alternatively, they have friends in provincial legislatures. If they feel it is something that should be started at a provincial legislature and then carried on through a different legislature to adopt the proposal to change or amend the Constitution regarding the Senate, they could do that.
The point is that the ball is in the NDP's court. It is not enough any more to repeat what I think has unfortunately become a mantra—the mantra being that the Senate should be abolished—and now when anybody suggests anything about legitimizing that body any other way, they kind of stick their fingers in their ears, start saying, “I can't hear you; I can't hear you”, and discussion ends. New Democrats have picked as their alternative, as the one they are so closely aligned with, the single method that is the hardest to achieve. The fact is that all of these methods of changing and democratizing the Senate, making it a more modern institution, have all been blocked by the Supreme Court.
Was the court right in what it did? Was it wrong in what it did? I am not one of those legal positivists who believes that every time the court rules, the court is automatically right because the judges are my betters and know better than I do in all respects. The fact is that they have the final say. Therefore, their word is law and we have to accommodate ourselves to that reality.
The New Democrats have to accommodate themselves to that reality too, and it would seem most inappropriate, indeed, to withhold funding from an institution that we are not constitutionally entitled to change, on the basis that we think that institution is out of sync with modernity. It would be far more appropriate to try to find a way of helping to modernize that institution, and I look forward to any comments they may have as to how they would go about doing that.
:
Mr. Speaker, as always, it is a great honour to stand in the House representing the people of Timmins—James Bay. The motion before us tonight is on the funding of the Senate. I will not go through the issues of the constitutionality of the Senate in light of the Supreme Court ruling because I do not know if that necessarily needs to be the issue before us tonight.
We are talking about whether or not this body, which was appointed through political favours and choices without any check or balance or any mandate from the Canadian people, has a fundamental accountability to the citizens and taxpayers of this country.
In the 21st century, I have a very hard time with the idea that an institution is above reform, that an institution cannot be reformed. To paraphrase G.K. Chesterton, the only thing worse than being priest-ridden was squire-ridden. I would say the only thing worse than being squire-ridden is being crony-ridden. This is what we have within this institution. It is an institution that sets its own rules, where people cannot be fired. That is a recipe for corruption and abuse.
This is not to say that there are angels in the House of Commons, certainly not. I would be the last one to say angels even set foot in this room, except perhaps the member for , who I am certain is very angelic at all the best of times.
We have a mechanism within our impure democracy and in our impure democratic system that people can be removed if they abuse the public trust, because they have to go back and get that mandate from the voters, but that does not exist within the Senate. Therefore, the issue is how we, as the elected House representing the people, chosen by the people of Canada to represent their interests, are somehow to be subservient to another class of people who are above the interests of the Canadian people.
This is the time of year when there is all manner of school groups and tourists visiting Ottawa, and they hear the tourist guides who tell them the wonderful story of the Senate. They say that when John A. Macdonald created the House of Commons, he had to create the Senate to protect the minorities, which is why we have a Senate that protects the interests of women, first nations, and people of colour. I hear that from the tourist guides, but that is not what John A. Macdonald had in mind as all. He was not worried about first nation people and women when he set up the Senate. Those were not the minorities he was talking about. He said there will always be more common people than rich people, so we need to protect their interests. Hence the Senate was born.
Since we did not have the long history of the squire system and the knight system and the duke system, we had to do something of our own and that was to pick cronies. People who flipped pancakes at political fundraisers and did the glad-handing for the parties were appointed to the Senate and they were appointed for life. It was supposed to be a chamber of sober second thought, but it has not worked out that way.
The Supreme Court at this point is telling us that this institution is still politically untouchable for overall reform, but it does not say anything about the fundamental need to establish an ethical and financial code of conduct within the Senate to make it accountable.
I have heard from members on the government side that the idea of cutting the funding is absurd and it would be a fundamental attack on the institution. Let them look at the Westminster tradition where members of the House of Lords get paid if they show up; they get a per diem. In the House of Lords it is an honorary position. If we voted for that it would not change the constitutional requirements of the Senate.
That is the background of the issues. I would like to speak about the fundamental lack of accountability. There are not many things on which I would say I have ever agreed with Conservatives in my entire life. I could count on one hand if I held down three fingers. However, the one thing on which I agreed with the Conservatives initially, before they went off the rails and lost their light in the path of darkness, was the issue of the Federal Accountability Act to try to bring an end of the years of cronyism and corruption that existed under the Liberal government.
At that time, when the Federal Accountability Act was first brought forward, there was talk with the members on the government side about the need to establish one set of conflict of interest guidelines that would keep both the House of Commons and the Senate under the same set of standards, but the Senate refused that. The Senate said no; it would not be held accountable to the same standard as the members of Parliament are.
We have Senate conflict of interest rules, with a Senate Ethics Officer, and I have $100 for anybody who knows her name. They are like the Maytag repairmen; they never get out to check on ethical abuse. That is because they need permission. Senate ethics officers need permission from the senators before they can launch an investigation.
Again, there is the lack of accountability mechanisms. Within the Senate, senators are able to sit on the boards of all manner of corporations. We see them sitting on the boards of telecommunications companies, banks, individual financial institutions, and pharmaceutical companies, and yet these are the people who are reviewing legislation and initiating studies.
Why buy a lowly politician, a lowly MP, or a lowly parliamentary secretary, when corporations can just appoint a senator to their board and nobody pays attention?
The senators, God love them, will say they only do these things in the interest of the Canadian people. They will say that the Senate code of conduct forbids senators from attempting to use their position to influence their private interests or their family members' private interests.
However, check out the Senate code of ethics, which is quite funny and should actually be a cartoon because none of it seems to make much sense.
Under section 14:
(1) If a Senator has reasonable grounds to believe that he or she, or a family member, has a private interest that might be affected..., the Senator shall...make a [oral] declaration regarding the general nature of the private interest [at the first opportunity].
Again, how many times has a senator ever stood up and made that declaration? It is almost non-existent.
Under section 15:
(2) A Senator who has reasonable grounds to believe that he or she, or a family member, has a private interest that might be affected by a manner that is before a committee of which the Senator is a member may participate in debate on that matter, provided that a declaration is first made orally on record.
Of course, if it is in camera, we will never know the difference.
I was looking into this issue of the lack of accountability of the Senate and the kind of corruption that has ensued. Most Canadians do not know how the finances are done. In the House of Commons, we have to purchase something and then submit the bill to the House of Commons. It will look at the bill and decide whether or not it gets paid. If it decides it was not within parliamentary business, the bill does not get paid.
Senators, on the other hand, give themselves a credit card. We have people who cannot be fired, who write their own rules, and as we have learned from the Duffy and Wallin scandal, it was an honour system, and they get a credit card on top of that.
I asked Canadians back home if they expected anything different from the likes of Wallin and Duffy and Brazeau, when they had their own credit card and could write their own rules.
There are many other loopholes the senators are able to use while sitting on the boards of major corporations. We know from the police investigation into Pamela Wallin that there were all manner of allegations about her flying across the country, doing private business, corporate interest business, and allegedly double-dipping, saying that she was doing Senate business at the same time.
These are the fundamental problems when there is no clear code of ethics. There are many loopholes.
Democracy is identified under section 13(2): Senators are allowed to be involved in discussion and votes in which their family members or the corporations they work for have a financial interest;
Under section 14(4): If a senator declares a conflict of interest at a behind closed doors committee meeting, that declaration will not be made public unless the committee agrees to it.
I already spoke about section 15.
Under section 26(d), senators are allowed to receive updates from trustees who manage their blind trusts.
Under section 30(2), senators are allowed to keep a secret bank account.
Under section 35, a statement of assets and liabilities of each senator is not easily available on the Internet; it is at the Senate Ethics Office in Ottawa. I am not sure if they have changed that. They were under pressure from the latest Senate corruption scandal and were looking at that.
Right now Mike Duffy is being investigated for fraud, but I would refer members back to the RCMP investigation into Raymond Lavigne, who was found guilty of fraud and kicked out of the Liberal caucus in 2006. He hung on in the Senate until 2011 before he finally decided it was time for him to go. He left because if he was convicted, he would lose his pension, and so he left voluntarily. Now Senator Lavigne has been put in the hoosegow.
If we look at the issues surrounding the Lavigne case of fraud, the RCMP raised all the red flags, which are being raised today, about the lack of financial accountability, the fact that Mr. Lavigne could call all the financial shots himself, even while he was committing fraud. There were no oversight mechanisms. This was known in 2006 and in 2011, but nothing was done about it.
Eric Berntson was found guilty of fraud in 2001. He resigned two years after being convicted. Michel Cogger was convicted of influence peddling. He resigned in 2000, two years after being convicted. We have the infamous Andy Thompson who became a senator and promptly moved to Mexico. He showed up 12 times in 7 years to make an appearance and let people know he was still a senator, while he lived on the beaches of Mexico. Hazen Argue was charged with fraud, theft and breach of trust.
Now this is not to say that senators are more naturally corrupt than elected members. The issue is that we have accountability mechanisms put in place to stop issues of corruption whereas the Senate has steadfastly refused.
The motion before us tonight is important because it is a question of whether the $90-some million that is given to the Senate every year has any strings attached to it, that there is any accountability mechanism. My colleagues on the other side will jump up and down and howl at the most impoverished station in how they spend money, but we will give money to that Senate, no strings attached, when we know there is absolute corruption that has gone on, and when it refuses to set any standards of accountability.
Mike Duffy received a $90,000 secret cheque from the 's chief of staff. What happened with that is fascinating, because under the Parliament of Canada Act, section 16, to offer money to a sitting senator is a crime. It is an indictable offence.
If we look at the ITO by Corporal Horton of the RCMP, the question that came up again and again was that this was a quid pro quo, and the quid pro quo was to whitewash the audit into Duffy's defrauding of the Canadian people. It is a very serious charge, because the people who sat on that audit committee, Senators Tkachuk, Stewart Olsen and Gerstein, were made aware, according to the RCMP, of this deal.
There were times in the investigation into Wallin and Brazeau when they were not even saying whether they were going to make the audit public. I find that staggering. The audit was about whether taxpayer money was used illegally to defraud people or to put favours to political senators, and that was not necessarily going to be made public from within the secretive institution known as the Senate in an attempt to whitewash it.
We know that when the original audit came out, there was no wrongdoing, but there was political pressure. They had to go back in and miraculously, with the same audit, found all manner of problems. Suddenly, Brazeau, Wallin and Duffy were made to walk the plank politically. This gets us back to the original problem. When we have a system that does not have accountability mechanisms, these things happen.
This is not to say that there not good people over in the Senate. None of them have a democratic mandate, but that is not to say that they are not fundamentally accountable to Canadians at the end of the day, even if they cannot be fired, even if they can sit there until they are 75 and even whether they show up or go off to live in Mexico and come by once a year to pick up a cheque.
Senators are still fundamentally accountable to the Canadian people, but the accountability does not come from them. We have seen their refusal to establish the conflict of interest guidelines that we have. We have seen their refusal to deal with the obvious lobbying issues in terms of senators sitting on corporate boards.
That accountability mechanism must come through the House of Commons. This is our job. Whether we agree on the Senate and whether we agree on abolition, we all have a common duty here to represent the hard-working people back home.
In my region of Timmins—James Bay, people are frustrated. They work really hard for what they have. I have seen more people working two jobs. I still cannot get over meeting a 68-year-old miner at the Tim Hortons in South Porcupine who told me he was going back to work underground because he could not live on his pension.
The government is telling our seniors that they are going to work until they are 67 now before they can collect that pension. That is okay if they choose to do that, but, again, if they come from a region where people do really hard work and they get worn out by the time they are 65, working until they are 67 is very difficult when their CPP is a maximum of $12,000 a year if they do not have a pension. These people are paying for the largesse for the senators.
There is another mechanism that we have in Parliament. We are limited in terms of our travel. There is travel for committee work and for parliamentary work. However, the limits to choose where senators go and how they go does not seem to exist within the Senate. It is like a perpetual holiday, whatever they want to study, wherever they want to go. There is always the famous story of the senators who felt they needed to go to Mexico in January to study poverty. I would invite them to Fort Albany in January, they could have seen poverty there. However, no, they were on the beaches in Mexico in January at taxpayer expense.
I am asking the folks back home and I am asking my colleagues in the Conservative Party this. There needs to be a wake-up call to this institution because it has shown itself fundamentally defiant in the basic nature of reform. The senators think they are going to ride out this scandal. They have thrown Mike Duffy under the bus. They have tossed Patrick Brazeau overboard. Pamela Wallin has gone for the high jump. However, they will circle the wagons on the rest of them.
We will see, six years after Raymond Lavigne went to jail for fraud, that all the red flags that were raised about the spending mechanisms in the upper chamber will have been ignored. We can see from the Auditor General's report that all the red flags about their lack of basic controls on financial spending were ignored, which has led to this. This group of people believe it will ride this out again.
We can put up our hands and say that the Supreme Court told us it is not reformable, but the Supreme Court said nothing about holding it to account. The day we say that people who were chosen to sit for life above the Canadian people do not have any accountability to Canadian taxpayers would be a pretty sad day for Canada and for Canadian democracy.
I ask my hon. colleagues to think about this. I know they think this is brought forward every year and they see this as an issue that is somehow a joke to them, but I do not think it is a joke. The issue of accountability in the Senate is fundamentally an issue of representing and showing respect for people who pay the taxes for what we do here. People who are working very hard and getting very little back see the largesse that is happening in the Senate, with their credit cards, their flights. They see the fact that they are sitting on boards and doing all manner of business when they should be doing government business.
To the financial issues, we can have that discussion. If senators are only working here one-third of the time, then their flights should be a lot more limited than ours. We have to go home on the weekends to represent our constituencies because our constituents expect to see us. They do not expect to see the senators.
Again, now that Frank Mahovlich is retired and Roméo Dallaire is gone, let us do another Trivial Pursuit question for folks back home. How many senators can they name? Excluding the ones that are under investigation for corruption, they cannot name them because the senators do not see themselves as accountable to those folks. They are accountable.
Tonight, let us put this out there. We need to start this discussion. If it is not about the abolition of the Senate, if it is not about changing the term limits of the Senate, it can be about establishing some conflict of interest guidelines, establishing some rules on lobbying and establishing really clear limits on this crowd of senators, who have been blowing through taxpayer money since John A. Macdonald, so they will finally be held financially accountable to the people of Canada.
:
Mr. Speaker, the issue here is regarding the votes in funding the institutions that we have in this country, such as the Senate in this particular case, and denying the funds. I questioned the member earlier about the money surrounding the support staff because that is a pertinent question. The vote we are having denies the funding of that institution. That includes not just the senators, but the support staff as well. I am not sure the member understood the gist of my question.
What was said about the behaviour of many of the senators, in many cases, yes, nefarious in many of these instances and I agree with his outrage in many cases. Is the Senate in a situation right now where it is becoming more accountable? Yes, it is, but we all are as parliamentarians.
The complaint was that some senators were out campaigning on public funds. Imagine that. That is a violation of the money that we are receiving here from taxpayers to do our jobs. We cannot take this money and go out and campaign. My hon. colleague who just spoke was in Labrador during the by-election. Perhaps he could explain to us how that was paid for, and several other members from the NDP were there. Were the flights and meals covered by the party itself? Just asking.
I would also like to talk about the Senate and the Supreme Court decision, but one of the things that disturbs me beyond the question that is being asked about the funding of the Senate itself is regarding the fundamental concept of the sober second thought, the original concept of the Senate way back when. I know my colleague from the NDP talked about it. It was originally set up to protect the rich. If we go to the Debates, yes, a lot of these upper-middle-class people comprised the Senate, but really it was about sober second thought and the binding of regions in a very large country. The regions being Ontario, Quebec, and the three Maritime provinces.
When we started with the Constitution there had been several amendments to the Constitution pertaining to many aspects of Parliament. How do we change the Constitution in the future? My Conservative friend from Ontario earlier talked about a concept of what is contained within the Constitution Act, 1982, sections 38 to 44, which talks about how we can change the Constitution pertaining to the Senate. Do we have an elected Senate or do we have an abolished Senate? I use those two examples for very good reason.
The Conservatives want to have an elected Senate. I am sorry if I am paraphrasing too much. The NDP members want to abolish the Senate, which I do not think I am paraphrasing, I think that is about it. Fundamentally what the Supreme Court said was in order to do this, according to the Constitution and the federation that we are in, we need permission of the legislatures of each of the provinces in this country, along with Parliament's okay.
Earlier I talked about the NDP members getting rid of the Senate and that was not true. I was mistaken. They go way back. They talked about it from the very beginning even when they were the CCF. What I take issue with is that the concept of bringing the provinces into this conversation about getting rid of the Senate never took place. Where is the work to be done in order to abolish the Senate? I joked that for many members of the NDP it became a Twitter campaign, “let's abolish the Senate #disingenuous”, but the problem is the work was not done.
I do not know of any conversation that the federal party has had with provinces to decide how to deal with the Senate, not just abolishing it but electing it, appointing it, nine-year terms, 13-year terms, all the concepts that were upheld by the Supreme Court in its recent decision. People were shocked and said they could not believe the Supreme Court would say that all provinces were needed to abolish the Senate. I am not a constitutional lawyer and I am not surprised that is what it said. Nobody was. It became a campaign in doing something that is just not possible to do.
Let us put aside the element of sober second thought and whether this is fundamental to our country. Provinces got rid of their senates, other countries get rid of their upper chambers, that is true, but in order to have that conversation in this country, it seems to me that the two parties never opened that conversation, never opened the idea of conversing about getting rid of the Senate or electing the Senate.
Every now and then there would be a musing from a province about what it wanted to do. The premier of Saskatchewan wanted to abolish the Senate. Why did he say that? I do not know. Certainly the NDP never asked. He just came out with it and volunteered the information. Other provinces had the same reservations. Other provinces wanted an elected Senate, but nobody was really engaged in that conversation whatsoever.
Let me return to what the Supreme Court said. For fundamental changes in the Constitution, how we change the Constitution, one says that we need seven out of 10 provinces that represent over 50% of the population. Ergo, we come into the idea of an elected Senate, or a consulted one, like how the consults with the public. What the wanted to happen was to allow the provinces to run these elections. I did not see any first ministers conference by the current , stating, “Oh, by the way, this is what we want you to do.” Therefore, it was more of a conversation of, “We think this is a good idea. Now come on, you people, get on with it.”
When the talks about starting a conversation with the provinces, he does not start conversations with provinces. He starts arguments with provinces. In this case, with the NDP, it is an ignored argument. It is an ignored conversation. It is one thing if they were able to do it, if they were able to unilaterally make the changes of getting rid of the Senate and not bother talking to the provinces. That is one thing. Someone could call that being very brazen, to say the least, very arrogant, but they cannot even do that.
For years, was it not incumbent upon a federal party such as the NDP to even ask how it could do it? We always use the expression the ends justify the means. This end was not going to happen because the means would not justify it to happen. It is almost like the Constitution did not exist. It was like an imaginary piece of paper that hung on the wall like some kind of glorified magna carta that people looked at as some kind of map and said, “This is what we used to be.” The Constitution is not what we used to be, the Constitution is what we are. It is a living, breathing document that we use to govern our country.
Ergo, in 1982, we received the Charter of Rights and Freedoms for that very reason. It was not just an add-on to say this is a nice thing to say, it was an add-on because the courts could use it, and we as legislators must adhere to it, which was illustrated by a few of their decisions recently, certainly in the past two years. That is why I say #disingenuous.
Certainly somebody in the party had to say at some point, “We can't do this”. Therefore, what do we do? Now we are going to say, “Let's make sure the Senate does not get money in order to operate”. What the hell is that going to do? Seriously. It gets to the point where it is like if we lose the game, we take our ball and go home, except we do not even go home, we just side on the sidelines and pout with ball in hand. “Fine. We are not going to give you the ball. We're going to sit here, but we're not going to give you the ball.”
Sometimes debate in this House elevates itself to a level where it becomes informative. Then there is the debate that degrades itself into becoming absolutely ridiculous. It is the theatre of the absurd. If we want to make a statement, the statement was already said by them. Again, I acknowledge the fact that it is not a recent thing for the NDP/CCF. It goes way back. However, the question was always “what” as opposed to “how”.
They knock our party for not having ideas on certain issues. This is the longest non-idea issue they have ever had. It absolutely is bereft of any road map, of any GPS, of anything. We are going to do this just because. I am going to take a long walk on a short wharf just because. I am not going to tell people how I am going to do it. It is just going to happen. It becomes this argument they put up every now and then based on the lowest common denominator.
They brought out the names of the people who cheated the Senate in the worst kind of way, and I agree with them that it was the worst kind of way. What happened was a dereliction of duty, to put it mildly, but it was also something that was an absolute disgrace for the Canadian taxpayer.
Recently there have been actions by all parties. Some people get in trouble and get ejected from caucus. That happens. It has happened recently to them. Would I disband the NDP? No. However, for some reason, they can take the lowest common denominator and extrapolate it to a solution, which is to just get rid of them.
They say it has no democratic value whatsoever, but actually, their idea of abolishing the Senate flies in the face of democratic values. If we abolish the Senate, a vote has to take place, not just in this legislature but also in 10 legislatures across this country. Each legislature of course has a mandate from the people. If the elected people of, say, the greatest province, Newfoundland and Labrador, bias accepted—
Hon. Chris Alexander: And the last province.
Mr. Scott Simms: Yes, Mr. Speaker, my colleague is right.
Let us say the people of Newfoundland and Labrador, through their elected representatives, the members of the House of Assembly, vote to keep the Senate. What would be the answer from the NDP? It would be “Sorry, too bad; unilaterally we do not care about your vote.” Let us assume that they want to do a referendum. Now we are talking. If that is what they want to do, to me that is the only thing I can see the NDP doing. My question is this. Would they have a referendum across the nation, like the Charlottetown Accord? According to the Supreme Court in its recent decision, they need unanimity to get rid of the Senate, unanimity of all provinces. Therefore, they have to have a referendum in each and every province.
Mr. Kevin Lamoureux: And pass them.
Mr. Scott Simms: Mr. Speaker, they would have to pass them, I might add. Good luck.
Mr. Speaker, the hon. colleague from talked about one of the solutions in the House of Lords: they show up and they get a per diem. It is about time; it is an idea to change the Senate that could be feasible. It is the first time I have heard it in the 10 years I have been here. If they do not like them, they get rid of them.
They constantly go on about the corruption aspect of the Senate. As I said, the lowest common denominator that existed in there is absolutely deplorable. Deal with it, which is what we need to do with transparency. It could be something like proactive disclosure. Proactive disclosure goes further than what is required for transparency. We did it. The Conservatives did it. What was the last party to say no, it was not going to do that? It has not done it yet.
Mr. Kevin Lamoureux: They will accept it kicking and screaming.
Mr. Scott Simms: Right, Mr. Speaker.
They can practice what they preach, or they can just keep preaching. Either way, they are preaching from an empty book.
If we look at this argument about the Senate, again I go back to the fact that there was never a road map. There was never a way of getting rid of the Senate. There was a promise that abolishing the Senate would be taken care of.
As I mentioned earlier, one idea was brought up, and it was the first time I had heard of it. The Supreme Court, in its decision, said that there is a fundamental way to do it so that the federation is involved in the decision. The one thing that has to be done is that all the provinces have to agree to get rid of the Senate. Instead, what we got was that they could not do it, and therefore we should just give up on the argument. Let us just not bother.
What the New Democrat members are going to do today is vote to deny money going to Senate. Is it just me, or is that the first time that has ever been said in this House? I am just trying to illustrate the point here.
The New Democrats can lash out in anger in all different directions, madly off in all directions, I might add, but at the end of the day, if it is not feasible, it has fed into an untruth. If they want to have a conversation about the Senate, why do they start with an argument or a campaign or illustrate the most nefarious factor of an organization?
The New Democrats complained during many of the immigration bills brought in over the past little while. They said that what the Conservatives were doing was basing their theory, their logic, and their legislation on a small minority of bad things that happened. Is that not what the New Democrats are doing here with the Senate?
Let us assume for a moment that the Liberals want to either elect the Senate or get rid of the Senate. Let us assume that for a moment. At least we are starting with a conversation about how to change it to get the most nefarious factor, the lowest common denominator in the Senate, out.
However, we did not ignore the family. We did not ignore the people who built this nation, not just this House but 10 legislatures across this country that played a fundamental role in building this country, with provincial jurisdiction for health care, education, and other areas that are so vitally important. It is as if they did not exist altogether.
If that is the argument about the fundamental existence of the Senate, then surely there has to be room for a mature conversation about how we are doing it.
The tried to get around the fundamental elements, which were illustrated in the Supreme Court decision, of how to have an elected Senate. At least there was some element of trying to do something the Conservatives thought might fly. It did not work.
Now what we need to do is have a discussion with the provinces, which is fundamentally lacking in this House, about how we deal with the question of the Senate.
:
Mr. Speaker, I am pleased to have this opportunity tonight to speak to the proposal by the member for to oppose Vote No. 1—Parliament, to provide the program expenditures to the Senate in the amount of $57,532,359 in the main estimates.
My remarks, I should say off the top, should in no way be confused as a ringing endorsement of the status quo in the Senate. Our government has consistently tried to reform the Senate while always recognizing the important role the Senate plays in our parliamentary system. That recognition is in direct opposition to the views of the sponsor of this motion, whose party would like to summarily abolish the institution. That is what the motion of the member for would effectively do by depriving the Senate of the resources it needs to function.
Our government has always believed that while the Senate plays an important role in our parliamentary system, it needs to be improved to better serve Canadians in the way it was originally conceived.
A review of our government's record since taking office in 2006 demonstrates not only our government's commitment to Senate reform but also our flexibility in accommodating different views about Senate reform.
Legislation was first introduced in the 39th Parliament in April 2006 to limit Senate tenure to a period of eight years. Bill at the time proposed to amend section 29 of the Constitution Act of 1867 to limit Senate tenure to a renewable term of eight years and to remove mandatory retirement at 75 years for new senators coming in.
Also in the 39th Parliament in 2006, our government introduced Bill . That was a bill that would have provided for a national consultation process through which Canadians would be consulted on their choice of candidates for appointment to the Senate. That was obviously modelled after efforts made in my home province of Alberta, where we had undertaken any number of these consultations in the past and where we had senators who were essentially elected by the people of Alberta. It was modelled after that particular idea, the innovative approach taken by my home province of Alberta. Unfortunately, as with the term limits bill, the opposition parties refused to support these important reforms.
In the second session of the 39th Parliament in 2007, our government introduced Bill , here in the House of Commons. Bill C-19 proposed to limit Senate tenure to a period of eight years, the same as the bill we introduced in the Senate a year earlier. However, there were a couple of important modifications.
First, while Bill did not expressly forbid the possibility of renewable terms, Bill did in fact expressly provide for a non-renewable term.
Second, Bill contained the provision to permit a Senate term to be completed after an interruption. An example would be a term interrupted by a resignation. Despite these changes and our government's determined effort to bring change to an institution that had remained largely unchanged since 1867, the time of our Confederation, the opposition parties steadfastly refused to support our legislation.
Then, of course, our government was re-elected in 2008 with a mandate to reform the Senate, and we went to work on that. In the 40th parliament in 2009, our government introduced Bill . It was introduced in the Senate, and it included two key changes.
The first was the idea of eight-year term limits. That limit would apply to all senators appointed after October 14, 2008, with the eight-year terms beginning from the time that the bill received royal assent. Then, of course, the retirement age of 75 years would be maintained for all senators. Once again, even this modest but important reform was opposed by the opposition parties.
In 2010, our government introduced Bill , the senatorial selection act. It was a bill to encourage the provinces and territories to implement their own democratic processes for the selection of Senate nominees. It would have democratized the Senate and provided an opportunity for the provinces and territories to implement the processes to enable that to happen. This act included a voluntary framework that set out a basis for provinces to consult with voters on appointments to the Senate going forward.
We all know what happened there: the opposition parties refused to support that reform too. Is anyone sensing any kind of pattern here?
That year our government also reintroduced the Senate term limits bill, Bill . That bill died on the order paper upon the dissolution of Parliament. Can we guess why? It was due to a lack of will for reform from the opposition parties once again. They refused to support any idea of reform in the Senate.
Canadians gave another mandate to our government in the election of May 2011 to again make changes to the Senate. A month and a half later, on June 21, 2011, our government introduced Bill , the Senate reform act. Members can probably imagine where this is going. Bill C-7 would have implemented a nine-year non-renewable term for senators. That goes back to the point I raised earlier about being flexible and accommodating. Some concerns had been raised about the eight years, so we went for a nine-year non-renewable term.
As well, that bill would have once again enabled a voluntary framework for the provinces to implement Senate appointment consultations. Processes were put in place for that. As with all the other times, the opposition parties still would not change their minds. They refused to support meaningful Senate reform.
Throughout all of those debates on the Senate, time and time again our commitment to reform was crystal clear, as was our recognition of the value of the Senate in our parliamentary system.
Our commitment to reform was also demonstrated by a reference to the Supreme Court of Canada on Senate reform that our government launched in an effort to clarify questions about the constitutionality of legislation that we brought forward. While we were obviously disappointed by the court's decision, it is unfortunately one that all governments will have to respect going forward.
However, the court's opinion does not in any way change our view that improvements to the Senate are needed, nor does it change our view about the value the Senate can play in our bicameral legislative system. My hope certainly remains that reform will be accomplished at some point in the future.
In the meantime, there are other ways of improving the operation of the Senate, as demonstrated by the measures that the Senate itself has initiated to improve transparency and accountability with regard to its expenses.
The Senate plays a key role in the review of legislation. My Liberal colleague across the way can debate what sober second thought means, but he was right that this idea of sober second thought is a learned opinion of second thought. That is something the Senate provides, and it has resulted in improvements to legislation in the past.
The Senate also plays an important role in its committees in the investigation of issues of importance to Canadians. Certainly, the committees, as has been mentioned already in the debate this evening, have produced comprehensive reports. They have produced many, in fact, that have proven to be of tremendous value to the debate and to learning and understanding here in Parliament and throughout Canada. The Kirby report on mental health was an example of that. There was a study done by the national finance committee in the Senate on the price gap between Canada and the U.S. Again, the national finance committee looked studied the elimination of the penny. I could go on and on, citing reports that have been helpful and that have come from the Senate.
There is no doubt that, while the Senate is one of our key institutions here in Parliament, it has been hampered in its role by the lack of accountability that we have seen. There is no question. This lack of accountability has, in turn, been created by the lack of a democratic basis to the system of appointments. Despite the best efforts of most senators and the good work that does get done, some have questioned the legitimacy of the Senate because it lacks that democratic basis.
As I said earlier, I personally do not question the work of the Senate. However, clearly the events of the past year or so have fairly resulted in some damage to its reputation. While we agree about the need for improved accountability, and there is no question that it is needed, we do not believe that the solution is to remove the Senate altogether from our parliamentary system. Rather than destroy the institution and the valuable role it does and can play, we continue to believe that it can be improved and that it can continue to function as one of our key institutions.
Clearly, the recent decision by the Supreme Court on the Senate reform reference has changed the outlook considerably on the reform front. However, improvements can still occur, and the Senate itself has been a leader in that regard over the past year. The Senate has an important role to play in making the improvements. That it has the responsibility to regulate its own affairs is the prime reason for that.
I would draw to members' attention section 33 of the Constitution Act of 1867, which says:
If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard...by the Senate.
The Senate has made some progress in dealing with the issues it has faced in this area of financial accountability and transparency. Much of the progress has been the result of the investigations carried out by the Senate Standing Committee on Internal Economy, Budgets and Administration. As a result of that committee's recommendations, the Senate has adopted new administrative rules to render the reporting system more transparent and to tighten the requirements that senators must meet in filing their expense claims. Some senators have been required to reimburse the Senate for expenses that were considered to be improperly claimed.
The Senate has also asked the Auditor General to conduct an audit of Senate expenses, which will take place in the months ahead. The Senate has also acted by suspending several senators without pay or without access to Senate resources. It seems as if the Senate is taking these matters into its own hands, as it should. Our government has encouraged the Senate to address these issues, and it supports the progress that has already been made.
Since 2006, our government has made a number of attempts to reform the Senate, as I have outlined throughout my remarks here this evening, and as I have indicated, the opposition parties have continued to stand in our way every single time. We as a government continue to believe that providing a democratic basis for the Senate would be a vast improvement and that it would in turn improve accountability.
Our reform efforts, of course, culminated with the introduction of Bill , in the last Parliament. Bill C-7 would have introduced non-renewable terms of nine years and provided for a voluntary framework, which provinces and territories could use as a basis to consult their populations on their preferences for Senate nominees, again, as I have indicated, much like what has been done in my home province of Alberta many times. It has produced some great senators, some senators with democratic legitimacy and accountability. The ideas in Bill C-7 were real and concrete measures to reform the Senate.
Unfortunately, our efforts to move those important reforms forward came to an end with the release of the Supreme Court's decision on the Senate reform reference. The fact that in that reference we included a question on abolition was not in any way an indication that our government favoured abolition as an instrument. Our first choice has always been the introduction of reforms that would enhance the Senate's democratic legitimacy.
The Senate certainly has an important role to play in our system. I believe that abolition would remove an important player in the parliamentary system and would leave a huge hole in the legislative process, and for no good reason. Those who know even a little about our system of government, just a bit, know that the Senate has an important role to play in our system, despite what opposition parties may have tried to claim. The Senate's role in the legislative review process is invaluable to our system. We need to continue to provide the Senate with the resources it needs to function effectively.
Of course, we expect the Senate to treat those funds with respect. There have been a number of rule changes designed to ensure that is what is happening. However, we cannot simply remove the entire allocation to the Senate. As I said, we have brought forward a number of suggestions and bills, both in the Senate and in this place, seeking to provide the reform, to create the democratic legitimacy, and to create the accountability that we believe is necessary in the Senate. As I have said, every single time, time and time again, those measures and those attempts to make the reform were blocked by the opposition parties. They would not support anything we tried to do in terms of reform. We brought forward a number of different proposals. We were willing to be flexible, we were willing to be accommodating, we tried different approaches, and we did everything we could to see that reform come to fruition, but the opposition parties refused to allow reform to happen, every single time.
As I have indicated, we understand that there have been some issues with regard to expenses and whatnot in the Senate over the last year or so. There is a need to address those issues and create better accountability. As I have said tonight, there have certainly been efforts undertaken in the Senate itself to try to accomplish those things, and we continue to encourage and support that. We know that reform is something that needs to happen some time in the future. Hopefully, we will get some recognition of that from the opposition parties at some point in time. We can keep trying and hoping, but what we cannot do is simply remove the entire allocation from the Senate and pretend it never existed, and that is what is being proposed here tonight.
I cannot support the proposal by the member for to oppose this allocation of the resources to the Senate, which is clearly a thinly disguised attempt to abolish an institution that fills an important function in our legislative process.
:
Mr. Speaker, I am very happy to speak to the main estimates this evening and specifically to the Senate appropriations. Before I go into more detail about the subject at hand, I have to say that I will be sharing my time with the member for , an outstanding member whose riding is near Sherbrooke.
My colleague from already mentioned one of the important points I wanted to raise: the difference between voted and statutory appropriations. Both Conservative and Liberal members have a hard time telling the difference between the two. There is a fundamental difference between appropriations voted here in the House and statutory appropriations. As my colleague said, the government allocates $58 million for voted appropriations—I rounded the number, obviously—and $34 million for statutory appropriations.
I just wanted to set the record straight before getting started. The few people who spoke before me seemed to have a hard time telling the difference between these two kinds of appropriations, a difference that is nevertheless very clear when we look at the voting process for appropriations in the House.
The Senate will cost $92.5 million, which is more than in past years. The main estimates list the previous year's spending and the forecast spending. From 2012-13 to 2013-14, Senate spending increased by about $3.8 million, or nearly $4 million. In contrast to all of the government departments and agencies that are tightening their belts at the behest of the Conservative government, the Senate has been increasing its budget year after year. The Treasury Board is asking all government departments and agencies to cut spending, but the Senate is making no effort to spend less. It is a shame that the Senate is once again taking advantage of this money to make expenditures that could be described as hard to justify. Later on, I can comment further on everything that has been going on in the Senate recently.
Before I begin, I would like to put some numbers in perspective. What does $92.5 million represent? It represents the taxes paid by 8,000 families who are footing the bill for the Senate. Another significant fact I would like to point out is that the promised he would not appoint any unelected senators. That was back in March 2004. How many senators have been appointed since then? More than 57. If my math is right, the total is now 60.
The also said that an appointed Senate is a relic of the 19th century. However, senators are still being appointed. As I said, the Prime Minister appoints senators every year. It is interesting to look at who is being appointed. A former campaign strategist, a former president of the Conservative Party, party fundraisers and failed Conservative candidates have all been appointed. There are very recent examples of this, dating back to just 2011. Conservative candidates who did not win the election were then appointed to the Senate. That is quite the gift. It seems that Conservative candidates who lose an election can get a gift from the Prime Minister and be appointed to the Senate, where they can remain until they are 75 and pocket all the money that comes with that, obviously.
Meanwhile, the third party and the government are trying to sell us nice ideas about how the Senate is a place for sober thought and reflection. I believe the Supreme Court ruling referred to a chamber of “sober second thought”.
For the last little while, members have been trying to convince us that the Senate engages in sober second thought, when most of the senators, who have been appointed by either a Liberal or a Conservative prime minister, are people who have close ties with the party and obey their prime minister. That is therefore not true. No one can convince me this evening that the Senate is a chamber of sober second thought. I think those are the words the Supreme Court used. In reality, senators are controlled by the Prime Minister's Office, whether the prime minister is Liberal or Conservative.
Here is another interesting statistic about appointed senators. To whom are they accountable? I do not think they are accountable to the public. In fact, 51 of the 57 senators appointed by the made donations to the Conservative Party. I would like to believe that this is just a coincidence, but I have my doubts.
This brings me to the topic of the people to whom senators are accountable once they are appointed and they arrive in the other chamber, where they can remain until they are 75. To whom are they accountable?
It is a valid question. We may ask to whom they are accountable if, for example, a senator is involved in misconduct, has acted badly or has incurred inappropriate expenses. I do not think I have to go on at length about senators' expenses. Everyone watching at home knows what I am talking about.
Senators are paid by taxpayers, and it takes 8,000 Canadian families to pay the Senate's bills. To whom are senators accountable, then? They are accountable only to the prime minister who appointed them.
That really is true. In theory, one could argue that it is not the case, that they are free to think and act as they want and that they are not accountable to the prime minister.
However, in fact, senators are accountable to the Prime Minister's Office only. We saw that during the Senate scandal. The Prime Minister's Office exercises immense control over the senators, including the leader of the Senate, who, if I am not mistaken, meets regularly with the . We have also seen how certain tactics that were used in the upper house were directly linked to instructions from the Prime Minister.
Do not try to convince me that the Senate is a chamber of sober second thought. Only one person controls it all: the and the people in his office.
Do not try to tell me I should believe the Conservatives, either, when they talk of reforming the Senate. They have been promising to reform it for more than 10 years. The hon. member for said that it was the opposition's fault that the matter has been dragging on for 10 years.
The only person to blame is the , because, in his vision of Senate reform, his only intention was to avoid talking to the provinces. The only thing in his mind was to get his reform through without having to talk to the provinces.
As a result, the only person to blame if there has been no Senate reform for 10 years is the . He promised reform, though. He never wanted to consult the provinces. He always wanted to do it all by himself without ever consulting, and the Supreme Court told him that things do not work that way.
:
Mr. Speaker, this evening I will be talking about the main estimates. The government keeps talking about how it wants to shrink the bureaucracy and save taxpayers' money.
Well, the NDP has a solution that will help the government save $90 million per year. The money saved could be used to enhance the programs we have been talking about this evening.
How would the NDP save $90 million? Well, it is very simple. We would abolish the Senate, which is an archaic and undemocratic institution. Why are we paying $90 million per year for an institution made up of unelected members who are accountable to nobody?
Since 2011, 369 residents of Brome—Missisquoi have written to me about the Senate or have signed a petition calling for the Senate to be abolished. I am speaking on their behalf this evening.
Canadians work tirelessly to make ends meet, but the senators sit only 70 days a year. They are only asked to work three days a week, and that is when they even bother to show up for work.
In 2005, the said that the Senate was a relic of the 19th century, but since 2006, he has appointed 57 new senators, 51 of them former Conservative Party backers. Senators are completely unaccountable. They represent only the party that appointed them. They do not represent their regions or even the Canadian people.
It seems to me that, over the years, the Senate has turned into a gang of publicly funded lobbyists disguised as provincial representatives.
On April 18, 2014, the National Post reported that one-third of senators hold positions on either public or private boards of directors. Thirty-four of the 96 senators are board members. According to the National Post analysis, senators earn a lot of money from their membership on boards.
I would like to know how they can wear so many different hats at the same time without being in conflict of interest. Senators sit on boards of companies in financial services, mining and energy, and real estate. This makes me wonder how impartial they really are when they are debating our bills.
Let us not forget that, in November 2010, under a minority government, the NDP passed Bill through the House of Commons. That bill would have reduced greenhouse gas emissions to below 1990 levels. That was a much more ambitious target than the one the government announced at the Copenhagen summit. The bill was passed by elected representatives in the House of Commons and killed by the Senate.
When asked to justify this strategy, the Conservative Senate leader at the time retorted that the government, which did not support the bill, was not going to miss an opportunity to get rid of it.
One of my colleagues introduced another bill to protect transgendered people, which was passed by this House in April 2013 and is currently being held up in the Senate.
The Senate has never had a problem quickly passing the omnibus bills that this government pushes through here with its majority and time allocation motions.
What other bills passed in the House will the Senate kill in the future?
The NDP has long been calling for the Senate to be abolished. Originally, the Senate was designed to be a chamber of sober second thought. It has become a haven for donors, fundraisers and other friends of the Conservative and Liberal parties.
Canadians are becoming increasingly frustrated with the scandals in this undemocratic, unelected Senate that is currently under investigation. The senators continue to abuse Canadians' trust. That is why now, more than ever, this antiquated institution must be abolished.
We are not the only ones who want to abolish it. Manitoba and Quebec got rid of their senates many years ago. Their unicameral legislatures work just fine. People in New Zealand did the same with their upper chamber. Saskatchewan MLAs recently adopted a motion to abolish the Senate. I remind members that Saskatchewan has a Conservative premier.
Here in Ottawa, the Conservatives and Liberals refuse to take action. The NDP has proposed some practical solutions to make the Senate more transparent now, such as the following motion:
That all funding should cease to be provided to the Senate beginning on July 1, 2013.
The Liberals voted against this motion. Then, in the fall, we moved a motion to make the Senate more accountable to Canadians. The NDP was optimistic that the old parties would reassess how they use the Senate and support our motion. Our measures would have prevented senators from participating in partisan activities and using taxpayers' money to participate in activities that are not directly related to their parliamentary work.
The outcome of the vote on that motion shows that they are all talk and that transparency and accountability are not really that important to them. It was particularly disappointing to see the Liberals join forces with the Conservatives to defeat this motion. The Conservatives and the Liberals keep swearing that they really want to change things, but as I said, they vote for the status quo at every opportunity.
Canadians now know that the NDP will continue to defend our democratic values and fight for the Senate to be abolished. Why are we paying $90 million a year for an unelected, unaccountable Senate? Abolishing the Senate would save millions of dollars, and that money could be invested elsewhere in the estimates.
:
Mr. Speaker, normally I am happy to have the opportunity to participate in a debate, but not today. Today, in this case, I will be rising to oppose a motion denying the allocation of resources for the Senate. In other words, I will not be supporting the motion that opposes funding for the Senate.
I expect that was the point by the member opposite in creating this motion, because the member knows the role of the Senate in our Constitution. Once a bill leaves this place, it must pass through the other place before it ultimately can receive royal assent. In essence, the member opposite is suggesting to shut down the ability to pass laws, to amend laws and to change legislation, because without the Senate, the way our Constitution is structured, that would be the final result.
I suppose that a do nothing approach is favourable to the NDP. After all, if nothing were to change, the New Democratic Party would not have to oppose everything. I have problems with that, and I would like to provide an example for the chamber as to why that is.
Recently, in this place, we debated Bill , otherwise known as Vanessa's law, a long overdue, much needed bill that would better protect Canadians from dangerous drugs by ensuring that our democratically elected and Health Canada could have the power to recall dangerous drugs and not just the huge pharmaceutical corporations, as is the current case.
One of my weekly member of Parliament reports was focused on Vanessa's law. I am pleased to share with the House that the response from my constituents was overwhelmingly in support of the bill. Even my local NDP and Liberal friends were strongly supportive of the bill. As we know, the NDP in the House supported Vanessa's law as well, even if they filibustered the debate in debating how they agreed with it. I suspect when the New Democrats heard from their constituents back home, they heard much the same message that I heard. That is likely why they did an about-face in sending that bill forward late last week.
Imagine if bills like Vanessa's law could not ultimately become law because they could not pass through the other place. This is the kind of nonsense the NDP is proposing in this motion today.
I am not naive to the fact that there are many Canadians who are strongly opposed to the Senate. The problem is that the NDP likes to pretend that it has a magic wand and can simply wish the Senate away. Our own Supreme Court has confirmed that simply is not the case. The NDP knows this and yet it continues to play a political game that we can simply make the Senate disappear when, in fact, we cannot.
If the NDP truly wants a constitutional debate on the Senate, it should simply say so. Let us be clear that there are many non-partisan support staff that make that Senate run, no different than the assistance we here receive and benefit from in this place. The NDP members, with this motion, in effect, is suggesting that none of them get paid, or perhaps they are suggesting that they possibly work for free. Is the member for also proposing to hand out pink slips to all the support staff in the Senate?
If there were lawsuits from de-funding the Senate, would the member for ask his friends in the union movement to cover the costs of those lawsuits, as he did his own? I suspect not. This is the same NDP that has no problem using tax dollars in NDP satellite offices, the same NDP that is happy to use taxpayer-funded staff in these satellite offices, but apparently does not think there should be taxpayer-funded staff in the Senate. This just does not reconcile.
The Canadian Senate, rightly or wrongly, was conceived as an institution to provide sober second thought in legislative scrutiny. It was also conceived as an institution to provide regional representation, as evidenced by the regional divisions of the Senate.
Disagreement with the Senate is nothing new to Canadians and, I would suggest, has been occurring since July 1, 1867, and has continued ever since.
As I am sure all members are well aware, a plethora of Senate reform proposals have been put forward over a number of decades. In most cases, proposals have called for an injection of democratic legitimacy into the appointment process, as well as the changes to the distribution of senators among the provinces, and also changes to the power of the Senate itself.
One of these reform initiatives was the triple-E Senate proposal that came out of Alberta during the 1980s. Triple-E stands for elected, equal, and effective. This should not be confused with the Liberal leader's vision of a triple-E Senate, which is a Senate of the elites, by the elites, and for the elites.
The original triple-E proposal laid the basis for many of the proposals that ensued in the years that followed and found its way into constitutional discussions that took place during the 1980s and 1990s, the most notable being the Meech Lake constitutional accord and the Charlottetown constitutional accord.
The Charlottetown accord would have resulted in a fundamentally changed Senate. The Senate would have been elected with an equal number of senators per province, with some limitations on the power of the Senate to avoid deadlock. The rejection of the Charlottetown accord in the 1992 referendum significantly reduced the prospects for fundamental constitutional reform for many years, and serious discussion of the Senate largely disappeared from the national debate.
As members will know, not long after the 2006 election, when our government first introduced Bill S-4 in the Senate, the bill would have limited senators' tenure to a renewable term of eight years. Bill S-4 gathered a great deal of support and was endorsed by the Senate Special Committee on Senate Reform, as well as by a number of constitutional experts.
Let us not forget that it was the opposition parties that united in their refusal to support meaningful Senate reform, as was proposed in Bill S-4. This led to the introduction of Bill C-7, the Senate reform act, in 2011. Bill C-7 would have implemented a nine year, non-renewable term for senators, as well as a voluntary framework for provinces to implement Senate appointment consultation processes of their own. However, that was not to be, and now we must all live with and respect the decision of the Supreme Court in this matter.
The court said that Senate abolition would require the support of Parliament and the legislative assemblies of each province. In doing so, it has given the Senate the highest level of protection that can be achieved under our amending procedures. I would point out for the member for Winnipeg Centre that his proposal to effectively abolish the Senate by withdrawing its funding would not conform to the court's decision in its Senate reform reference.
I would also like to point out that it is unlikely that all of the provinces agree with the position of the member for . I would further submit that one thing most of the provinces do appear to agree on is that the Senate is not the top priority of provincial concern.
I would like to make this clear. I am not looking to defend the institution that we call the other place. That is not the role of members of the House. However, we now have a reference to the Supreme Court of Canada on Senate reform and the release of the court's opinion this spring. It remains to be seen what the ultimate impact of the court's opinion will be on the future for reform.
However, the subject of this potential constitutional debate is not one that any member of this place should take lightly. The reality is that the member for is trying to do an end run around with his motion.
I understand the NDP's frustration, and at times I am certain we all wish we had a magic wand to make our challenges magically go away. However, what the member for has proposed, as we know, is not how this issue will be resolved.
Before I close, I would like to share a few personal thoughts on this issue. Since I have come to this place, I have worked with senators. I have worked with senators on the Senate-House of Commons Standing Joint Committee for the Scrutiny of Regulations. I worked with the Senate on the passage of my private member's bill on the interprovincial movement of wine. This work seldom is covered by the media. However, I can state first-hand that it is important work and that the Senate takes a different perspective on these issues. I mention this because we all know that there are a handful of members from the other place who have become household names for a variety of different but not flattering reasons. However, there are also many good people who do good work on behalf of Canadians in the other place.
Many of us may not like the historic structure of the other place and the role it plays in our governance. However, dislike of an institution we disagree with does not alleviate our constitutional obligations to work with that institution. Regardless of what the NDP thinks, the Senate is part of the process of how we pass laws.
I need not remind the NDP that we are legislators. To deny or otherwise disable part of the very process involved with changing legislation would in effect compromise the work we do on behalf of Canadians. If the NDP seeks to disable our ability to pass, amend, or change laws as legislators, then perhaps it is time it ceased to be the opposition. I frequently hear the NDP members propose private member's bills, suggest amendments, and even propose to change laws, should they ever form the government. None of that can happen without bills passing through the Senate. It is in our constitution.
Either the New Democratic Party is kidding Canadians, or perhaps it is just kidding itself. Either way, like the Senate or not, those who came long before us did a very good job of ensuring that the other place is very much part of how we pass bills into law. To undermine this process undermines the work we do as legislators, and I cannot and will not support this motion presented by the NDP tonight. I certainly will be happy to vote in favour of the estimates put forward.
I support the motion put forward by the government so that it can have supply, but I stand opposed to the notion by the NDP.
I would like to thank all members of the House for taking the time to hear my comments this evening. I appreciate and look forward to their questions.
:
Mr. Speaker, I am pleased to rise for a very few moments to debate this particular motion. I will be sharing my time with the hon. member for .
I am pleased to wade in here to have this discussion. The motion that is before us is about the estimates, and it is about the Senate. The mover of the motion, our first speaker, talked about the whole question of accountability and approving a line item of $92 million to the Senate, where there is no accountability for how that money will be spent.
In reality, and let me clarify this, members on both the government side and the Liberal benches have been extraordinarily upset that we are going to cut off all the money to Senate, which will not be able to operate anymore and some of the staff may be laid off. They have been very concerned about that.
Let me assure members that what we are talking about is the discretionary part of that particular budget line, which is nearly $58 million, and the $34 million, nearly $35 million represents statutory forecasts, in other words the amount of money that has been deemed necessary to keep the lights on and the staff working, and so on.
I know that members opposite and adjacent have been very upset by the fact that we may be proposing to vote on a motion that would lay staff off. I would love to hear what working people across this country think about the faux concern that they have heard tonight from government members and Liberal members.
That is the first point, the concern that we would cut off money and that the Senate would not be able to operate.
The second concern, of course, is that if we close the doors to the Senate, then we would not be able to do anything. We would not be able to pass any legislation. We would not be able to do any business.
It used to be the case in this country that 10 provinces had a Senate or two Houses. They got rid of them, and they still operate. The provinces still do business. My province of Nova Scotia got rid of its Senate in 1928, and it is still working. It is still governing. It is still doing business. It is still passing legislation. It is still raising taxes and still spending money on behalf of the people who have elected the Senate members.
Let us be clear, I understand what the nub of the problem is here. The Liberals and the Conservatives have had this other institution over there that they have stuffed chockablock full of partisans for 150 years, who have gone across this country from coast to coast to coast on the taxpayers' dime performing partisan activities.
It is not that some of them have not done good work or that some of these committees have not done some good work from time to time, when they have been able to find time, when there are no elections or fundraising events or snowstorms in P.E.I. or something of the like happening. They have done some work.
It is not about the individuals, and that is what gets confusing sometimes. It is about a few of them. It is about the ones who seem to use the money they get, the allowances, and the credit cards they get, as if it is their own money to do with what they will, before they finally get caught. It is those ones who end up getting chased around by the authorities, the police, and others. That is a bit personal. Those are the people we are talking about.
We are saying to the government and to the Liberals that we can hold the Senate accountable. That is what this motion is all about. It is about accountability.
Why do we not, as a group, stand up, suck it up a little bit, and start playing hardball with the Senate, start demanding some accountability? The government has not been able to do it in the 10 years it has been proposing to make the Senate accountable. It has not been able to do anything. Let us agree tonight, all of us here in this chamber, to do it once and for all. We will defeat this motion so that all of a sudden, tomorrow morning, the senators will realize they will not get $57 million until they start coming up with some accountability measures that have teeth and that Canadians can trust, and most important, members in this House who are responsible for paying those bills will have some confidence that once and for all, the activities that go on in that chamber will be held accountable.
We will get to the other part. Members suggest that it is impossible to actually deal with Senate reform or abolishment, but it is not. Canadians are ready for it. Provinces are ready for it. We hear about it wherever we go in the country. People are fed up with the fact that we have a chamber where men and women have been appointed simply because of the favours they did for a particular prime minister or for the water cans they carry for a political party. That is not good enough. Canadians are demanding more. They are demanding more because the government and the former government have been asking Canadians to tighten their belts and to do with less.
I talked to a woman today in Dartmouth who is having a hard time finding housing for her and her two children because of the cuts the government has made in the availability of affordable housing across this country. We have tried, my colleagues on this side have tried to force the government to bring forward a national housing strategy, to no avail. The woman, on behalf of her children, wants to see us holding the Senate accountable for at least $57 million of the $92 million that we are supposed to approve tonight.
A number of people have been in my office in the past two months who have had to wait upwards of 40 days to get their claims paid through EI. They have asked me why it is that the Senate, which is unelected and unaccountable, can be allowed to spend $92 million without any explanation, without being held accountable.
I am here to say, and my colleagues are suggesting in their debate and in their support for this motion today, that we have the opportunity to hold this institution accountable tonight, right here, on behalf of my constituents, on behalf of Canadians across the country who are asking us to be accountable for the money that we allocate. We have the opportunity to do that today. Let us do it today. Let us vote to hold the Senate accountable and then let us move on to get rid of the Senate, because we can operate. Canadians are asking us to make sure that the decisions that are made by the Government of Canada in fact are accountable and are made by people who are duly elected.
:
Mr. Speaker, I want to thank the member for for sharing his time with me and, of course, for very ably laying out the reason we are having this debate tonight.
It is all about accountability, and as I listened to the various comments, questions, and speeches, I have found it interesting that by and large members other than the NDP have not wanted to talk about the issues of accountability.
I was fortunate to be elected back in 2004, so I have been in this august place for 10 years now, but we so rarely get an opportunity in this House to discuss the issues around accountability in the Senate. There is simply very little mechanism for us to do this.
I want to applaud the member for for consistently raising this issue year after year. He has been tireless in attempting to get this place to talk about accountability issues with the Senate. It is tonight that we get this very brief period of time to shine the light on the lack of accountability in the Senate.
I was interested to hear the member opposite ask the question about the very strict accountability that was put in place in December. We eagerly await, at least on this side of the House, the Auditor General's report on expenditures in the Senate. We eagerly await that detail and the recommendations for the kinds of measures that need to be put in place to ensure accountability in the Senate.
The other issue that has come up consistently this evening is the fact that people are talking about the Supreme Court decision and the fact that the government proposal in its piece of legislation was not deemed as meeting the requirements under the Constitution.
Certainly, I do not think any of us here is questioning the wisdom of the Supreme Court position with regard to reform of the Senate. However, there are still other mechanisms that we could put forward to talk about making the Senate more accountable. The NDP has certainly made some recommendations about the reformation of the Senate that do not require constitutional change.
The member for mentioned that one of the things we could do is prohibit the senators from taxpayer-funded partisan work. The senators would no longer participate in party caucuses or do fundraising, organizing, or public advocacy on behalf of a political party, using Senate resources. That seems like a really good plan. We do not require the provinces' consent to make that particular reform. In fact, the leaders of the Conservative and Liberal parties, who are the only parties here who have Senate appointments, could actually work with their senators right now to institute that policy this very minute.
Second, we could end taxpayer-sponsored travel that is not directly related to senators' legislative work. This sounds like a reasonable accountability measure. Certainly here in the House we have rigorous reporting requirements in terms of how we report our expenses with regard to flights: what we were doing, where we were going. There is no reason why the Senate cannot have that same kind of rigorous approach.
Third, we could establish a single ethics code and a single ethics commissioner for all parliamentarians. Again, that would make absolutely perfect sense. I mean, there are standards that parliamentarians in the House of Commons have. We have to fill out detailed forms with regard to other activities we may be engaged in. The ethics commissioner reviews the forms to ensure we are fulfilling our requirements and responsibilities.
We have seen very rare occasions, fortunately, in this House where members of the government have had to stand up and apologize because their conflict of interest form perhaps did not reveal the details that were required. However, again, we have a rigorous process here, and members by and large abide by that process. It would seem a good process to put in place with regard to the Senate.
I have heard talk about the sober second thought. If only that were true. Since 2011, there have been very few bills that have been amended in the Senate. Where bills have been amended in the Senate, it was because the government gave it marching orders. It was because the government blew something on a bill and then told the Senate what amendments it had to do because they were required. However, in terms of independent review of legislation, that sober second thought that people keep talking about simply has not happened. We have a Senate that is heavily stacked on a partisan basis, and that is the kind of review that is brought to those pieces of legislation.
We have had unprecedented numbers of bills originating in the Senate. One would think, if the government thought they were that important, it would actually draft the bills and have them tabled in the House of Commons and then referred to the Senate. However, we are not seeing that kind of approach to a legislative agenda.
Others have pointed this out, but I was fortunate enough to be a member of the House when the climate change accountability legislation was passed in the House of Commons and then referred to the Senate. With some trickery and chicanery in the Senate, it was defeated. It makes no sense to me that we have the duly elected representatives debating and determining a piece of legislation that we feel is in the best of interest of Canadians, we send it off to the Senate, and it is summarily defeated. That does not seem a reasonable approach for an unaccountable, unelected Senate.
I want to turn to the scandals that have been plaguing the Senate over the last several months.
Again, the member for pointed this out. I know from talking to my constituents and other Canadians that people are raising concerns about the Senate, about how money is spent in the Senate, how accountable it is, why it is that the Senate continues to operate in this fashion, and why somebody is not doing something about it.
New Democrats are. We are trying to actually highlight the fact that there is a significant amount of money—in fact, the total amount is $91.5 million, but the amount we are talking about tonight is $57.5 million—which is the part that requires approval of Parliament.
Canadians are asking why. Why are we continuing to spend this money when there are so many other pressing issues facing Canadians? Why does the Senate continue to be funded for a job that it clearly does not do? It rubber-stamps legislation for the government, so why is it continuing to be funded for that?
I want to turn to consultation for a moment. I have been lucky enough to sit here and listen to a number of comments and questions, so I heard the government and the third party ask us a number of times what we did to consult. I have to remind members of this House that the responsibility around consultation rests with the government. It is the one that develops legislation. It is the one that develops policy. It rests with the government.
The Supreme Court decision said that, in order to do that constitutional reform, we need to have the consent of provinces. We do have a long history of Reformers and now Conservatives talking about the need for Senate reform. If they acknowledge that there is that need for Senate reform and they saw what the Supreme Court said, what exactly have they done to move this conversation along?
Again, I want to remind people that it is the government's responsibility to take part in consultation.
I would argue that members in this House, whenever they put forward a private member's bill or a motion, do not engage in the extensive kind of consultation that is required with regard to government legislation. I am the aboriginal affairs critic and we do not even see the government doing appropriate consultation with respect to aboriginal issues. It hardly seems likely that it is going to conduct the kind of consultation required around constitutional change with respect to the Senate.
In the brief time I have left, I want to briefly touch upon a couple of matters with regard to expenditure.
Again, I think the member for mentioned the $57 billion that some of us have argued was theft from the employment insurance fund. That is just one example of where similar kinds of money that should have gone to support the workers and their families in this country have just been removed from government coffers by arbitrary decisions, because of governments that could not balance their budgets any other way except on the backs of workers.
I certainly would like to talk about what $57 million would do for schools on reserve, what $57 million would do for clean drinking water on reserve, what $57 million would do for housing, what it would do for child welfare, and what it would do to implement Jordan's principle. There are many ways that this $57.5 million could be used to actually make lives better for all Canadians instead of for a few senators who are party hacks.
I would urge all members of this House to support this very important motion that the NDP has put forward.
:
Mr. Speaker, it is a pleasure to address the House and anyone who might be in the gallery tonight on a beautiful summer evening in Ottawa.
We need to be clear on what we are talking about tonight, what the substance of the debate is. It is my understanding that my colleague from gave notice of opposition to Vote 1 in the estimates, which is an amount of approximately $57 million under “The Senate—Program expenditures, in the Main Estimates for the fiscal year ending March 31, 2015”.
What does this mean? It means that this amount is part of the amount that the Senate uses to conduct its operations. There has been a lot of important debate tonight about changes in the Senate, about how we could reform the Senate, about how the Senate could act in a more transparent manner or be more accountable to Canadians. These are important, weighty issues.
I have certainly been quoted in the media. My opinions about the need for Senate reform are on the public record. When I go out to talk to my constituents, it is an issue. How do we make the folks who are responsible for legislation in this country more accountable to Canadians? There are several senators who would agree that this body should be made more accountable. This is a topic of debate.
Going back to what we are talking about tonight, it is the allocation for this upcoming fiscal year for the operations of the Senate. I am going to take a moment, because I have some time tonight, to read an article that is on the Parliament of Canada website. It is entitled “Making Canada's Laws”. It states:
...Canada's Constitution states that both the Senate and the House of Commons must approve bills separately in order for them to become law.
The lawmaking process starts with a bill — a proposal to create a new law, or to change an existing one. Most of the bills considered by Parliament are public bills, meaning they concern matters of public policy such as taxes and spending, health and other social programs, defence and the environment.
A bill can be introduced in the House of Commons (C-bills) or the Senate (S-bills), but most public bills get their start in the Commons. A bill goes through certain formal stages in each house. These stages include a series of three readings during which parliamentarians debate the bill. Prior to third and final reading, each house also sends the bill to a committee where members examine the fine points of the legislation. Committee members listen to witnesses give their opinions on the bill, and then subject it to clause-by-clause study based on the testimony.
Either house can do four things with a bill: pass it; amend it; delay it; or defeat it. Sometimes, one house refuses changes or amendments made by the other, but they usually both agree eventually.
All laws of Canada are formally enacted by the Sovereign, by and with the advice and consent of the Senate and the House of Commons. Once both houses have approved a bill, it is presented for Royal Assent and becomes law.
Just to recap, how does a bill become law? It passes through the first House—sometimes the Senate, but usually the House of Commons—and it passes through the second House—usually the Senate, but sometimes the House of Commons—and then royal assent is given by the Governor General.
How does it pass through a House? It goes through first reading, when the bill proposing a law is received and circulated. At second reading, the principle of the bill is debated to verify that the bill represents good policy, et cetera. Then it goes through committee stage. Members of the public appear as witnesses to comment. At report stage, the committee report is considered by the whole House. Third reading is final approval of the bill, and the bill is either sent back to the other House or set aside for royal assent.
As a recap on how the legislative process works here, right now, for this fiscal year, we require both Houses in order to pass legislation. I actually do not think anyone here can argue that, and if they do, they need to have a refresher course prior to continuing their activities in the House. We need to have both sides under our Constitution right now.
The subject of the debate tonight is whether we should or should not approve funding for the upcoming fiscal year to keep the government operational. To put this in a real-life context, there is opposition on this particular vote. If this vote in the estimates were to be defeated, what would that mean in a real-life context?
A bill is coming up that my colleague from is keen on, because she proposed it. I am talking of Bill , an act respecting a national Lyme disease strategy. It had first reading in the House on June 21, 2012, according—
Some hon. members: Oh, oh!
:
Mr. Speaker, going back to this particular example, my colleague from introduced this legislation in the House in accordance with the precedents set on private members' bills. I believe the bill is coming up for debate shortly.
The bill will be debated here at second reading stage and will go to committee. Many of the stakeholders that my colleague has consulted on the bill will provide their input at committee stage. I hope that we have great debate on this particular bill. Should the bill be supported in the House, where would it go to become law? What is the next step in this process?
If we go back to what I just went through, which is publicly available and part of any civics lesson, the bill will go to the Senate for the next stage of review, and then royal assent. That is how the legislative process in Canada works. In order for Bill to become law, the Senate needs to be funded in order to pass it.
Not putting this vote forward in the estimates means that the NDP is voting to shut down the legislative process in this country. It is as simple as that.
We can have an extensive debate on Senate reform and how senators should be elected and so on, but that is not the subject of the debate tonight. The NDP has proposed to shut down the legislative process in Canada. For all of the democratic woe is us, for all of the democracy in Canada is this and that and what not, we have before us a suggestion to shut down the legislative process in Canada.
We are late in the session. Many of us want to be in our ridings connecting with our constituents. We should all give pause for thought as to what that means. It means that if legislation from the House cannot be passed, then it cannot be enacted. It means that next year, the routine process of government that goes through the Senate would not happen. Whether one agrees with Senate reform or abolition or however a member thinks we should seek to change it, the reality remains that not voting this particular piece forward means we cannot put government legislation through.
I have been listening to the questions and answers tonight. We have had a lively debate on how we could possibly make the Senate more accountable to Canadians; that is subject matter worthy of debate, but it is not the substance of what is being debated right now. Sometimes we lose sight of that.
I would ask my colleagues across the way just to have a think. The NDP has put forward a few private members' bills over the years, not just in this session, that have achieved consensus in the House. How do they become law? They become law by going through the Senate. This is part of Canada's Constitution.
The vote on the estimates that has been put forward here is for this upcoming fiscal year. Our government asked for a Supreme Court opinion on what we could and could not do in the House in terms of scope for Senate reform. We were obviously quite disappointed with the outcome of that decision. That said, my colleague the has talked about how we as a government will press forward on this particular issue because it is something of concern to Canadians. We also have to look at this upcoming fiscal year, which is the subject matter of the estimates.
I would like to see government continue to operate because I would like to see legislation continue to go through the House. I hope that my colleagues will give pause for thought on this one and support Vote 1, because the reality is that this is part of Canada's Constitution. We need to separate the debate around how we could reform the Senate, which again is worthy of debate, from the reality of this particular motion.
I could go through numerous bills in terms of how this particular vote would affect them. The Senate right now has a very heavy legislative calendar. Many of the committees are tasked with a review of bills that have come from here.
Certainly my colleagues opposite would say that there is support for some or all components of some of these bills. I would like to see those bills passed. I would like to see that process continue to operate, which is why we support Vote 1 in the estimates. It is because constitutionally we need the Senate to operate in order for legislation to be passed.
It is very short-sighted for us as a House to sit here and say we cannot fund the Senate and that we are going to pull the funding from it. How, constitutionally, would we put legislation through? I just do not understand this. It is actually a little mind-blowing that the substance of this situation has not come up. Constitutionally, the Senate has to operate. Certainly in the next fiscal year, even if we work at lightspeed beyond the speed of government, the Senate has a job to do right now, and certainly we would all say that we should continue to support it.
Because the topic of Senate reform has come up in debate tonight, I would like to take this opportunity, because I have been itching to do so for a few months, to talk about the approach to Senate reform of my colleagues in the Liberal Party. I find it a bit disingenuous for the senators who consider themselves Liberals in their caucus to all of a sudden walk out and say that they are not Liberals anymore.
Hon. Peter Van Loan: They are Liberals in the Senate.
Hon. Michelle Rempel:However, Mr. Speaker, now they are Liberals in the Senate. My colleague, the government House leader, makes a good point. The Speaker in the Senate recognizes them as Liberals.
Really, nothing has changed. Furthermore, my colleagues in the Liberal Party have proposed an unelected body to appoint unelected people to one of our governing bodies as a solution to Senate reform.
I am an Alberta MP. This is the home of the triple-E Senate discussion, and I just hate to stand here and see the triple-E debate devolve down to a triple-E that is now a Senate of the elite, by the elite, and for the elite. I really do not think that is what former Senator Brown had in mind when he coined the triple-E term.
I hope that when we do have the opportunity to talk about Senate reform, Canadians will really look at what was proposed. I do not know if it was really proposed so much as a walk out on stage and maybe just try a flavour-of-the-day announcement by the leader of the Liberal Party by saying, “Hey, these guys are not Liberals anymore, but they are still going to come to our conventions.”
Mr. Jack Harris: The bozo eruptions.
Hon. Michelle Rempel: Mr. Speaker, my colleagues in the NDP are talking about this bozo eruption. That is really not how we should be talking about this very weighty component of legislation that could potentially come before the House.
It is also important to note that in the last year, as someone on this side of this place, I know we are all subject to very transparent and rigorous reporting functions. I have been glad to see that we have had some all-party dialogue on how MPs can report their expenses and how we can have more accountability and transparency in that area. Certainly that is something that the Senate side should be following as well, and over the last year we have seen the adoption of some new rules in the Senate for reporting expenses. That is a step in the right direction.
Again, just to recap, to simply eliminate this particular item out of the estimates and say we are not going to let the Senate operate is perhaps not the best approach. I know it is late in the year and sometimes we have a propensity to grandstand and try to capture debate in a way that it should not be. I do not think anyone in this country who has any background in civics or who has taken grade 6 social studies could honestly say that in this fiscal year we should shut down the Senate and prevent legislation from passing.
Legislative gridlock is a problem. If we voted to have legislative gridlock in this place, industry would be quite upset about that. The international community would be somewhat shocked, would scratch their heads and wonder why Canadians would be shutting down their constitutional process to have legislation go through.
The follow-up to that would be a lack of investment, capital flight, and implications for the delivery of government programs and services. All of these sorts of things would happen because, constitutionally, this is how legislation is passed in our country.
In the coming days, months and years, the topic of Senate reform and how we deal with that is something with which we will be seized, and we should be. However, shutting down the Senate in this fiscal year is perhaps not the wisest possible course of action.
It is a privilege to stand in this place. There is a certain amount of theatre that happens at certain points of the day, but at the end of the day, especially when we look internationally at some of the unrest that happens in other parts of the world, to stand here, especially as a relatively young woman, in a democracy to debate matters of substance and weight and to speak on behalf of my constituents is a privilege.
There are better things to do with our time than to try to have PR stunts around shutting down our legislative process. Just to re-emphasize, if this funding does not go through, the Senate ceases to operate. I would just ask that perhaps my colleagues across the way could have a little more of a think around the motions they put forward. Surely there are other parts of the estimates that we could have had a very rigorous debate around, such as the efficacy of funding.
Surely, my colleagues opposite cannot expect that the Government of Canada would see legislative gridlock for the next several years. I am not sure what to say. This is kind of crazy. It is just one of those things that we look at and know that we have to speak to it, because we need to have laws passed and we need to have our democracy continue to function.
I hope my colleagues opposite will have a change of heart. Everyone in this place agrees that the topic of Senate reform is one that is worthy. It is one that will have heated debate. There are divisions on how to approach that even within our party structures, within our caucuses.
When we are talking about the business of supply and funding that is going to the Senate, I would like to see legislation continue to pass. I am sure my colleagues opposite who have private members' business on the agenda, would like to see their legislation considered by the other place, hopefully passed and become law.
In the name of sanity, in the name of rationality and in the name of respecting the debate here, I would ask my colleagues to understand that in the next fiscal year we need the Senate to operate in order to pass legislation.