November
3, 2003
Parliamentary
Reform and the Citizens' Assembly
"I
think the most poignant example I heard in the debate about
introducing PR in the Euro-Elections came from Lord Cranborne.
Someone he knew was chatting over lunch to a fellow politician
on the continent during an earlier election. He had asked
the politician how he could spare so much time in the middle
of a campaign and why he wasn't out on the streets working
for every vote. The politician just laughed and said "I
don't NEED to campaign - I am on the list". I think
that says it all about any list based PR system."
From
a discussion titled "Proportional
Representation - Good for Elites, Bad for Citizens".
The
158 members of BC's
Citizens' Assembly will be chosen by November 25th. Their
job is to consider how we elect Members of the Legislative
Assembly (MLAs). If they can agree on a system they think
is better than the current one, their recommendation will
be put to a vote at the 2005 provincial election, and it may
replace how BC chooses MLAs in the 2009 provincial election.
One of
the most often promoted alternatives is some form of proportional
representation (PR). With mixed proportional representation
there are two types of MLAs - those elected by constituencies
as they are now, and those chosen from a party list. For example,
if the Green Party got 12% of the total provincial vote but
couldn't elect anyone in any of the constituencies, they might
get as many as 9 MLAs appointed to the legislature from their
party list. The two types of MLAs might not always get along
since those elected from constituencies would probably be
busy doing constituency work such as meeting with concerned
citizens, attending local meetings and being generally visible
in the area that elected them. Party list MLAs, on the other
hand, might find it more important to maintain a high profile
in their party to increase their chances of staying on their
party's list.
In 1991
British Columbians voted to implement recall even though the
ballot question made it clear that work would have to be done
to determine what that meant, since recall didn't exist anywhere
in a parliamentary democracy. Even in the US, the majority
of states do not have the kind of system that recently saw
the recall of Governor Gray Davis and the election of Arnold
Schwarzenegger. The overwhelming vote in favor of recall in
1991 was followed by committee hearings in which it was common
for those making presentations to urge the government to get
on with implementing it even though the details had to be
worked out. The NDP government was criticized for making recall
too difficult; Gordon Campbell promised to make it easier,
but since several Campbell MLAs have been subjected to recall
campaigns this notion has received less support. It is possible
for the 1991 phenomenon to repeat itself, with strong support
for proportional representation; this should sound warning
bells for the Citizens' Assembly.
The Green
Party is not alone in supporting proportional representation.
At the 2001 NDP convention a
motion was passed that included "that the BC NDP
endorse and campaign vigorously in favour of the principle
of a Mixed-Member Proportional (MMP) electoral system which
would combine single member constituency representation with
a form of proportional representation." In the 1991 election,
without the support of a resolution from convention, the party
also gave recall its blessing. I think that was a mistake
in 1991, and that it is a mistake now to support dilution
of our parliamentary form of government, which allows governments
to have the power necessary to implement their platforms.
A fundamental
part of parliamentary democracy is "responsible
government". Unlike a presidential or republican
form of government, parliamentary democracy includes the executive,
the first minister (Premier or Prime Minister) and cabinet
ministers, as part of the legislative assembly. The term "front
bench" refers to the first minister and cabinet as they
sit in a position called the "front bench" in the
legislature. A parliamentary democracy is called responsible
government because it can be held to account, it cannot blame
its failings on an inability to get the legislature to implement
its will. In parliamentary democracy you do not have the kind
of maneuverings over budget fights or compromises between
the Congress and the President that are a routine part of
US politics. In parliamentary democracy the government may
be persuaded to change its mind as a result of political pressure,
but unless it changes its mind, it has the legislative power
to implement its will.
Changing
how MLAs are elected can weaken "responsible government"
by creating a situation where governments are frequently either
minorities or coalitions (of course, that is why minor parties
want PR). That would mean that the government could not command
a majority in the legislature and would have to engage in
power brokering with another party in order to have the power
to govern. While that can help a minor party implement part
of its platform, it can also provide an excuse for government
not acting on its promises and it can encourage pork barreling
of the worst kind - government spending in areas to buy votes
and support from the minor party. Many of the MLAs who would
have leverage to force the government to buy their votes would
not be accountable to constituencies but would come from party
lists. It is vital that the Citizens' Assembly, and ultimately
BC voters, understand how that system works before we repeat
the mistake of 1991 by overwhelmingly supporting a system
that is different and poorly understood.
One of
the criticisms of our current form of government is that all
of the power is concentrated in the Office of the Premier
or Prime Minister. That is true, but at least that means the
government is accountable for delivering on a program and
that it can be thrown out every four or five years if it doesn't.
If the problem with how government functions is that too much
power is in the hands of the first minister, there are ways
of changing that without destroying responsible government.
In British Columbia, all Deputy Ministers (the civil servants
who are the senior managers in government) report to the Premier's
Deputy rather than to their Minister. It is not unknown for
the Premier's Office to issue directions to a Deputy and only
later inform the Minister who is nominally responsible. In
the Campbell government, that centralization of power took
a further step with the Communications Director for each Ministry
reporting to the Communications Director for the Premier.
Ministerial Assistants, the political appointees who support
each Minister, are also hired and fired through the Premier's
Office. One way to increase the power of cabinet ministers
is to make them responsible for those key staff, which means
they have to be the ones who command the loyalty of, and have
the power to hire and fire, those staff.
A lot
of lip service is given to "free votes" in the legislature.
Those not familiar with the legislature frequently claim that
each party's whip controls the vote so that individual MLAs
behave like trained seals - voting as commanded. It is not
necessary for a party whip to do much to control a vote. When
an MLAs chance at future committee appointments or promotions,
not to mention expenditures in that member's constituency,
depends on the good will of the Premier, there is no such
thing as a free vote unless it is a secret vote. All votes
in the legislature are public except for the election of the
Speaker. Voters want to be able to see how their MLA voted,
but even more so, the party leaders want to be able to see
those votes. One way of reforming the legislature is to implement
secret votes on key issues so as to reduce the power of party
leaders, particularly the power of the Premier.
The Citizens'
Assembly could create a disaster by recommending a change,
and thereby encouraging voters to endorse that change, before
it understands how our system works - not just how our elections
work, but how our government works. Our system has plenty
of faults, but it is superior to the alternatives. It is better
to have the privilege of replacing one strong government with
another than it is to permanently undermine, and perhaps destroy,
responsible government.
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