CHAPTER 7

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CHAPTER 7

LEGISLATURES

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• Assemblies

• Number of Legislative Chambers

• Size & Tenure of Assemblies

• Functions of Democratic Legislatures

• Canada’s Legislative Assemblies

House of Commons/Legislatures

Senate

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CANADA’S LEGISLATIVE ASSEMBLIES

• Canada’s parliamentary body is bicameral.

It has two chambers:

House of Commons (elected)

Senate (appointed)

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Unicameral:

one house

eg. Manitoba Legislature

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Tricameral:

three houses

eg. Croatia (Sabor)

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• House of Commons originated from Great Britain and the Curia Regis Magnae

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• Primary day to day activities of Parliament as a collective body are organized around two main responsibilities:

• making laws

• question period (for control & education)

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• Most modern countries have legislatures, except Saudi Arabia and Oman -they have absolute monarchies.

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LAW MAKING PROCESS• Bills are introduced by the gov’t and referred to as

public bills;

• Proposals, which deal primarily with individuals or groups (such as business firms), are referred to as private bills;

• Bills introduced by backbenchers (those who do not hold leading positions in their respective parties) are referred to as private members’ bills; they are rarely passed.

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HOW A CANADIAN BILL BECOMES LAW

• First Reading

• The bill is introduced, considered “read” for the first time. ( printed, given a title and number, and distributed) ( p. 165*)

• Second Reading

• MPs debate the general principle of the bill. Vote is taken for approval or rejection.

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• Committee Stage• An appropriate committee examines the bill clause by clause

and submits it with amendments in a report to the House.• Can involve public hearings.• Can be lost here, on the Order Paper.• A bill may be referred to this stage before Second Reading.

See p. 165*

• Report Stage• Members may move additional amendments at this stage.

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• Third Reading

• Bill is given one last look.

• Members debate and vote on the bill.

• Senate

• After the House passes the bill, it is sent to the Senate, where it follows a similar legislative process.

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• Royal Assent

• After the bill has been passed by both Houses, Members are summoned to the Senate Chamber, where the bill is given Royal Assent and becomes law.

• It is signed by GG (or Lt. G.)

• Proclamation

• Bill becomes law.

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• In modern democratic legislatures, representation is based on:

Authorization

Accountability

Responsibility

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PARLIAMENTARY COMMITTEES

• Two Main Types:

• Standing Committees which are permanent

• Special Committees which are ad hoc

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Standing Committees

• Deal with specific policy areas, and with procedural or like areas.

• Bills after second reading are sent here.

• But bills can now be sent here before Second Reading. (See p. 165 footnote)

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Special Committees

• Are set up for special purposes and end once the objectives are achieved

There are also:

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Joint Committees

• They are a procedural device enabling the entire membership of the House to discuss an issue informally.

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• Committees enable MPs /MLAs to develop a measure of expertise in a particular area, so he/she can make some impact on public affairs. Backbenchers on the gov’t side cannot vent their frustration during question period like backbenchers on the Opposition can.

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3 FUNCTIONS OF COMMITTEES

• Examine in detail, bills sent to them

• Review government spending

• Investigate policy areas and the way public policy is currently being administered

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• Parliamentary Committees are

supposed to reduce partisanship, help

focus attention on the issues at hand,

and pressure gov’t to alter its direction.

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Striking Committee

• A selection committee that decides on the membership of all other committees

Committee of the Whole• See page 158 or 162

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GENERAL AUDIT FUNCTION

1. Throne Speech Debate: 6 days

2. Supply /Opposition Days: 20 days

3. Budget Debate: 4 days

4. Question Period: 45 minutes per day

5. Hansard: p. 159 or (p. 161)

6. Question “on the adjournment”

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SPEAKER OF THE HOUSE– Is the presiding officer of the House of Commons

(Gib Parent/Ian McClelland; or the MB Legislature (George Hickes/Conrad Santos)

– Is a bilingual member of the House /Leg. who is elected by that body for the duration of Parliament/Leg. on the nomination of the PM/Premier.

– Is expected to be non-partisan and impartial in applying the rules and procedures and in recognizing members who want to debate

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‡ During each sitting of the House, the speaker rules on time limits for debate, on parliamentary privilege when violated, and on motions of adjournment and closure.

‡ In case of a tie, the Speaker casts the deciding vote.

‡ Is responsible for preparing and defending the internal estimates—costs of staffing and operating the Lower House (or legislature)

‡ House of Commons: $238 M‡ Senate: 55 M - (1997)

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‡ Concurrent with the election of the speaker is the election of a deputy speaker, who replaces the speaker when he/she is absent.

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Parliamentary Privilege

– Held by each MP/MLA, Senator, freedom from arrest out of civil action while the House/Leg. is in session, exemption from jury duty, or subpoena, protection from libel actions for speeches content in House and publications. Can hear witnesses under oath (Parliamentary/Legislative Committees)

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–Today, MPs/MLAs will rise and complain about statements made about him/her in the press, or complain about conduct of another member—done for partisan reasons.

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OPPOSITION

–Represents the concerns of those who do not identify with the elected majority and whose rights and interests should also be protected.

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PARTY WHIPS

• Are chosen in the party caucus as special officers of their political parties

• Assures that all party members are present for important votes

• Authority of the whip is accepted because MPs/MLAs recognize that only by voting as a bloc can their party continue to be effective in the House of Commons or Legislature as either government or opposition.

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SENATE• A. Membership• B. Purpose• C. Recruitment• D. Formal roles:

1. Scrutiny of bills

2. Protect interests of groups

3. Special committee investigations

4. Recommendations re: policy

5. Veto

6. Initiate bills

7. Independent statespersons• E. Future

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SENATE

• Only came to forefront in early 1990s; it used some of its power it was given in BNA Act to delay passage of some of Mulroney’s government’s most significant legislation.

• Has powers equal to the House of Commons (BNA Act), but lacks democratic legitimacy

• Is an Upper House, of “sober second thought”, appointed by the PM of the day

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• Constitutionally, Senate powers can be curtailed only with the consent of at least seven provinces representing 50% of the Canadian population--7/50 formula--and even after that, the Senate could itself delay changes in its powers for 180 days.

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• Currently, Senate has 105 members.

• Seats initially parceled out to each of the four regions were:

Atlantic 24 Ontario 24 Quebec 24 West 24

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• Newfoundland received 6 seats when it joined Confederation in 1949. YT and NWT each has one seat. Nunavut Territory (NU) received 1 seat in 1999.

• In 1990, PM used a provision from 1915 legislation to expand Senate by 8 extra members (2 from each region) to pass the GST legislation.

• Eligibility: member must own at least $4000 worth of property (1867 legislation) and be a minimum of 30 years of age.

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• Until 1960, appointment was for life; however, under PM Pearson, those subsequently named to the Senate must retire at age 75. (It also meant that anyone already in the Senate at that time could stay there until they died. Most did.)

• Average age of senators is 65 years.

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Criticisms Seen as undemocratic (not elected) Seen as unrepresentative Seen as unproductive Seen as a dumping ground for party bagmen or

ineffectuals Are appointed on basis of fund-raising skills Appointed to open up a seat in H of C for someone

more promising than the incumbent Is costly: $55 M per year

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Positives

• A means of checking on the “tyranny” of the H of C majority

• Serves a useful purpose by which gov’t can start off the legislative process for less contentious, more technical legislation. Senate has issued a number of very thoughtful, persuasive reports, not cluttered by partisan considerations

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• Can be recruited as Cabinet ministers if regions cannot supply them

• As of June 1998, senators are fined $250 for missing a sitting, after the 21-sitting grace period. (up from $120)

• Current standing as of Oct. 2000:55 LIB, 35 PC, 5 IND, 1 Alliance, 9 Vacant.

(www.parl.gc.ca)

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FUTURE OF THE SENATE

• There is widespread disappointment that the Senate has not fulfilled its mandate to defend provincial interests (very important because of sharing of power and wealth across the regions).

• NDP have argued for abolition, they claim the Senate to be unelected, unaccountable, unnecessary.

• Others want Senate elected, equal, effective.

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• Some wish to curb Senate’s power by providing it with a suspensive veto only, i.e., Senate could hold up, but could not veto legislation.

• Triple E is wanted today by the Alliance Party.

• Some MPs today are calling for abolishment.

• BUT THE SENATE DEFIES REFORM.

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THE END

• READ CHAPTER 7