Ethics, Responsibility, Accountability
An Action Plan for Democratic Reform
February 4, 2004
Table of Contents
National
Library of Canada cataloguing in publication data
Messages
Introduction
Statement of General Principles
Ethics and Integrity
Three-Line Voting System
A Greater Role for Parliamentarians
Expanded Role of Committees to Shape and Influence Legislation
Expanded Authority and Independence for Committees
Greater Resources for Committees
National Security Committee
Election of Committee Chairs
Estimates
Role of Ministers and Parliamentary Secretaries
Cabinet Structure
Parliamentary Secretaries
Annual Report on Federal/Provincial/Territorial Relations
Review of Appointments
Prior Review of Appointments
Supreme Court of Canada Appointments
House Procedure
Ongoing Consultations
Provincial Consultation
Consultation with Canadians
Annual Report on Democratic Reform
Conclusion
Message from the Prime Minister
February 4, 2004
Democratic reform is critical to providing Canadians with more responsive and
more effective government. Parliament should be the centre of national debate on
policy. For this to happen, we must reconnect Parliament to Canadians and renew
the capacity of Parliamentarians - from all parties - to shape policy and
legislation.
On December 12, 2003, I announced specific measures to implement democratic
reform. One of my first priorities in this new session of Parliament is to table
an action plan with initiatives the government will implement, as well as
proposals for reforms to the way that the business of the House of Commons is
conducted.
Democratic reform includes ensuring that Members have greater freedom to
voice their views and those of their constituents, reinforcing the role of House
Committees and their capacity to influence and shape legislation, having
Ministers engage Members and House Committees on policy priorities and
legislation, giving Parliament a greater role in the appointment process for
public office holders, and modernizing the procedures of the House of Commons.
Democratic reform affects all parties and all Canadians. I ask the leaders of
the other parties for their support in implementing this action plan so that
Parliamentarians and Canadians can be reconnected to the democratic process.
The Right Honourable Paul Martin, P.C., MP
Message from the Leader of the Government in the House of
Commons and Minister responsible for Democratic Reform
February 4, 2004
I am very honoured to have been asked by the Prime Minister to serve as
Leader of the Government in the House of Commons and Minister responsible for
Democratic Reform. The new government has made democratic reform a top priority,
and it is one which I take very much to heart.
Canada's democratic tradition has enabled the development of a modern, open,
and multicultural society that many countries now hold up as an example. Much
like other established democracies, however, Canadians' faith and participation
in the democratic process have declined. And, determined to renew our commitment
to the public, to engage citizens, and to reinforce our democracy, the
government has decided to take action.
As Minister responsible for Democratic Reform, I believe that we must achieve
three essential goals in order to restore the public's faith in its democratic
institutions. First of all, we must meet exemplary standards of ethics and
integrity. Secondly, we must restore Parliamentarians' role in generating
authentic, thoughtful, and constructive debate. And finally, we must increase
the accountability of our elected officials and public institutions.
The action plan I am tabling today represents the very first step in
reforming Canada's democracy, but we must also ensure that democratic reform
becomes an ongoing process. Moreover, strengthening our democracy also means
implementing measures that serve every Canadian, and every Member of Parliament
- regardless of political affiliation: a condition without which democratic
reform would be left incomplete.
That is why I invite all my fellow Parliamentarians, as well as citizens from
across the country, to share their ideas and inspire me with their experiences.
We need to work together to ensure that democratic reform succeeds.
The Honourable Jacques Saada, P.C., MP
Leader of the Government in the House of Commons and
Minister responsible for Democratic Reform
Message from the Deputy Leader of the Government in the House of Commons and Chief Government Whip
February 4, 2004
It is a great honour to accept the post of Deputy Leader of the Government in
the House of Commons and Chief Government Whip. I am pleased to be able to
support the Leader of the Government in the House of Commons and Minister
responsible for Democratic Reform in his efforts to strengthen the faith that
Canadians express in their Parliament and governmental institutions.
We are on the eve of important changes in our parliamentary history.
Democratic reform will require a concerted effort and a reform of the current
parliamentary culture. As Deputy Leader of the Government in the House of
Commons, I will actively participate in efforts to rebalance the legislative and
executive roles within our parliamentary system.
As Chief Government Whip and a member of Cabinet, my role falls well within
the objectives outlined in the proposed action plan for democratic reform.
First, I will help implement a new voting system that will allow greater
flexibility for Members of the government caucus. Another dimension of my role
will be to encourage my Privy Councillor colleagues to be more attentive to
Parliamentarians and their work.
I look forward to working with you in this regard toward positive change.
The Honourable Mauril Bélanger, P.C., MP
Deputy Leader of the Government in the House of Commons
and Chief Government Whip
Message from the Parliamentary Secretary to
the Leader of the Government in the House of Commons
with special emphasis on Democratic Reform
February 4, 2004
It was with great pleasure that I accepted the position of Parliamentary
Secretary to the Leader of the Government in the House of Commons and with
special emphasis on Democratic Reform.
Democratic reform is an objective, the fundamental principle of which is to
re-establish the representative and deliberative role of individual MPs in a
House of Commons that reflects the diversity of Canada. It is a subject to which
I have devoted a great deal of effort for several years.
This action plan for democratic reform proposes a fundamental change in
parliamentary culture, a rebalancing of the relationship between the Cabinet and
the House. It will require some additional resources and modest changes to the
Standing Orders. Above all, it presents a new opportunity for every MP to shape
policy and legislation in a meaningful, representative role. It will restore our
House to the centre of debate on matters which fundamentally affect all
Canadians.
As Parliamentary Secretary, my role is to work with all House Members to
effect change that is consistent with the constitutional and political role of
the House.
I invite all colleagues to share their ideas. As well, I invite those we
represent, all Canadians, to participate in this process.
Canada is recognized as a leading democracy. This action plan is a most
important first step to ensure a better country for future generations.
The Honourable Roger Gallaway, P.C., MP
Parliamentary Secretary
to the Leader of the Government in the House of Commons
with special emphasis on Democratic Reform
Introduction
Democracy is an active process - one that requires ongoing engagement between
citizens and their elected representatives. Democratic institutions must
constantly adapt and change in order to ensure that the process continues to
work the way it was intended. Individuals, through their elected
representatives, must have a strong voice in the great debates facing the
nation. There needs to be real exchanges of opinion and constructive dialogue
between Members of Parliament, reflecting the views of the people they
represent.
This action plan for democratic reform is the first step in a strategy aimed
at improving our political institutions and our parliamentary system. The three
pillars of democratic reform are:
What this means for individual Canadians is that the people they elect will
be able to better reflect their views in the process of government. It also
means increased responsibilities for individual Members of Parliament to ensure
that these reforms result in real change.
While this action plan is focused largely on changing the process of how
Parliament functions, this is only the beginning. The plan also outlines a
procedure for ongoing consultations with Canadians - especially youth - in order
to hear their views on how to improve our democracy. The government is taking
real action to make democratic reform a reality.
Statement of General Principles
Ethics and integrity are at the core of public confidence in government
and in the political process.
Democratic mechanisms should re-engage Canadians in national policies.
Parliament should be a national forum for debating and shaping national
policies and legislation and for considering regional concerns and issues.
Members of the House should have more opportunity to express their own
views and those of their constituents.
House Committees should have the resources and mechanisms necessary to
become a central focus of debate, and to shape and modify legislation.
Ministers, supported by their Parliamentary Secretaries, and with the
assistance of their political staff and officials, should seek the support of
Parliamentarians regularly on priorities and issues within their portfolio.
A functional and transparent system of appointments should involve
Parliamentarians.
Parliament should have the tools to hold the government to account for the
good stewardship of public resources.
Ethics and Integrity
Ethics and integrity are at the core of building public confidence in
government and in the political process.
The government will reinstate legislation to establish the office of an
independent Ethics Commissioner and a Senate Ethics Officer reporting to their
respective Chambers.
The government will seek the adoption of codes of conduct to support this
legislation.
This is in addition to a new Conflict of Interest and Post-Employment
Code for Public Office Holders and new guidelines for Ministers and Ministers of
State entitled Governing Responsibly: A Guide for Ministers and Ministers of
State, which were released by the Prime Minister on December 13, 2003, and will
be tabled in Parliament.
Three-Line Voting System
A Greater Role for Parliamentarians
Members will have much greater freedom to voice their views and those of
their constituents.
- Effective immediately, the government will use a new system to classify
votes for its own Members.
On one-line free votes, all government MPs, including Ministers, will be
free to vote as they see fit.
Two-line free votes are votes on which the government will take a position
and recommend a preferred outcome to its caucus. Ministers are bound to support
the government's position on a Two-line vote, as are Parliamentary Secretaries
of Ministers affected by it, but other Members are free to vote as they wish.
A Three-line vote will be for votes of confidence and for a limited number
of matters of fundamental importance to the government. Government Members will
be expected to support the government.
Most votes will be either two-line or one-line free votes, and Ministers
will be unable to take approval for granted. Achieving parliamentary consent
will be an exercise in coalition building, and Ministers must earn the support
of Members through hard work and active engagement.
- The government believes that a system based on consensus building will
enhance respect for Parliament and strengthen Canadian democracy.
- The government will invite all parties to join in this initiative so that
all Members of Parliament can represent the views of Canadians and to allow for
parliamentary coalitions to be built that cross party lines.
Expanded Role of Committees to Shape and Influence Legislation
Parliamentary Committees should be a central focus of debate.
Expanded Authority and Independence for Committees
Bills subject to two-line and one-line free votes will be routinely
referred to Committee before second reading so that MPs have a greater capacity
to shape and influence legislation.
Government Members will have a role, through the Caucus executive, in
choosing the Committees on which they wish to sit.
Committee Membership for government Members will be more static through
each session.
With the adoption of a three-line voting system for government Members,
Ministers should achieve parliamentary consent through persuasion and coalition
building. Ministers are therefore expected to engage Committees early in the
policy development process and meet with Committees regularly on priorities and
issues to obtain input on legislative initiatives.
The government will ensure that all government responses to Committee
reports are comprehensive and substantive.
Greater Resources for Committees
- Greater resources should be provided to Committees so that they have the
ability to be a central focus of debate. This can be accomplished by:
Increasing resources for the Library of Parliament and Parliamentarians for
research and for engaging Canadians.
Giving Committees greater authority to allocate their budgets, subject to
oversight and accountability to the Board of Internal Economy.
Providing more resources to Committees to conduct independent studies in
areas of concern with the right to commission such work, subject to an allocated
yearly budget. These studies could be sub-contracted through the Library of
Parliament for cost and accountability control.
Asking the Standing Committee on Procedure and House Affairs for an action
plan on new mechanisms of e-consultation. This could include greater use of modern technology by
Committees for citizen engagement, greater use of webcasting and
videoconferencing, and electronic filing of motions and questions.
Increasing resources for the House Law Clerk and Parliamentary Counsel
Office to provide legislative counsel services.
Providing increased training for Members to enhance their ability to
perform their role in reviewing Estimates and related matters.
National Security Committee
- The government will seek the support of Parliament to create a National
Security Committee of Parliamentarians. Members would be sworn-in as Privy
Councillors so they could be briefed on national security issues.
Election of Committee Chairs
- The government will support a permanent change to the Standing Orders to
have the election of Committee chairs by secret ballot to promote the
independence of Committees.
Estimates
Parliament is responsible for holding the government to account for the good
stewardship of public resources. In recent years, Members have indicated that
the Estimates process needs to be modernized so that Members can do a more
effective job in this area.
An initial step was taken in 2002 with the creation of the Standing Committee
on Government Operations and Estimates. Members recommended practical
improvements to the Estimates process in their sixth Report, which was tabled in
the House of Commons in September 2003.
As announced by the Prime Minister on December 12, 2003, departments will
use the government's Management Accountability Framework to report to Treasury
Board on their stewardship of public resources and that these reports will be
published on departmental Web sites for review by Parliamentarians and
Canadians.
Acting on the recommendations in the September 2003 report of the
Standing Committee on Government Operations and Estimates, the government will
ask the Standing Committee on Procedure and House Affairs to review the Standing
Orders for a way to provide greater incentives for Committees to review the
Estimates.
The government will also work with Committees to ensure closer scrutiny
of the Estimates, Reports on Plans and Priorities, and Departmental Performance
Reports.
The President of the Treasury Board will work with the Standing Committee
on Government Operations and Estimates on ways to improve reporting to
Parliament.
Role of Ministers and Parliamentary Secretaries
Ministers, with the support of Parliamentary Secretaries, are responsible for
actively engaging Parliamentarians. Ministers should meet regularly with their
respective House Committees to get input on legislative initiatives and to
discuss annual priorities.
Cabinet Structure
- Changes have been made to the structure of Cabinet to ensure effective
Ministerial engagement of the House of Commons:
The Leader of the Government in the House of Commons has been named the
Minister responsible for Democratic Reform and will be accountable for ensuring
that the government's democratic reform initiative is implemented.
The Chief Government Whip has joined Cabinet as the Deputy Leader of the
Government in the House of Commons to ensure better representation of
parliamentary concerns within Cabinet.
Ministers' offices have been realigned within existing budgets to include a
new staff position entitled Director of Parliamentary Affairs. The Director will
act as a senior political staff liaison with government Members and House
Committees and will provide support to the Minister's Parliamentary Secretary.
Ministers and their offices will be subject to an annual review by the
Prime Minister. This will include an evaluation of Ministers' relations with
Parliament and their progress toward achieving democratic reform.
Parliamentary Secretaries
- On December 12, 2003, the Prime Minister announced changes to enhance the
role of Parliamentary Secretaries, making them a key link between Ministers and
Parliamentarians. These changes include:
Parliamentary Secretaries will now play a more active role in ensuring
meaningful relations between Ministers and Parliamentarians. In Committees, they
will support productive dialogue by sharing departmental information and acting
as the Minister's representative to address political issues during appearances
by departmental officials. In turn, they will also play a greater role in
presenting the concerns of Parliamentarians to the Minister and within
government more broadly.
The Prime Minister has assigned Parliamentary Secretaries specific policy
responsibilities in support of the Ministers they are appointed to assist.
The Parliamentary Secretary to the Leader of the Government in the House of
Commons will have special responsibility for democratic reform.
The practice of automatic rotation of Parliamentary Secretaries after a
two-year term will be ended so that policy continuity and a successful
partnership between Ministers and their Parliamentary Secretaries can be
maintained.
Reflecting this new role, Parliamentary Secretaries are being made members
of the Queen's Privy Council for Canada and are expected to support the
solidarity of Cabinet in the case of policy related to their responsibilities.
Parliamentary Secretaries will be invited to meetings of Cabinet and its
committees when a policy matter for which they have specific duties is to be
discussed.
The new responsibilities of Parliamentary Secretaries will be carried out
within the policy and program frameworks set out by their Minister. The Minister
will remain fully accountable and will retain overall responsibility for the
direction of public servants and departmental resources.
As public office holders, Parliamentary Secretaries are subject to the
Conflict of Interest and Post-Employment Code for Public Office Holders.
Annual Report on
Federal/Provincial/Territorial Relations
- The Minister of Intergovernmental Affairs will report annually to
Parliament on the state of federal/provincial/territorial relations, priorities,
and initiatives. This will strengthen the engagement of Parliamentarians on
these key issues.
Review of Appointments
The government believes a transparent appointments system must be put in
place to ensure that citizens have confidence that the best people to serve
Canadians are being appointed to public institutions.
Prior Review of Appointments
- The government believes that appointments to certain key positions,
including heads of Crown Corporations and agencies, should be subject to prior
parliamentary review. At the same time, it is essential that the appointment
process does not deter qualified candidates from public office by partisan
excesses during parliamentary review, and Committee recommendations on prior
review should be provided in this context.
Committees will be asked to review which appointments falling within the
Committee's mandate should be subject to prior review, and to report to the
House with recommendations by March 26, 2004, if possible. The list of
appointments pertaining to each Committee will be provided to the Committee.
The Government House Leader will write to the chair of the Standing
Committee on Procedure and House Affairs to ask the Committee to consult with
Parliamentarians and the appropriate Senate Committee on the possible
enhancement of the role of Parliamentarians in the review of appointments.
Supreme Court of Canada Appointments
- The government will specifically consult the appropriate parliamentary
committees on how best to implement prior review of appointments of Supreme
Court of Canada Judges.
House Procedure
Many of the initiatives in the democratic reform package, such as a
three-line voting system, can be implemented by the government immediately and
without formal changes to the Standing Orders. However, to fully implement the
principles of democratic reform, the government will seek recommendations from
Members on how House procedures can be changed.
- The Standing Committee on Procedure and House Affairs should consult with
Parliamentarians on changes to House procedure to enhance the ability of Members
to represent their constituents in the House of Commons.
Ongoing Consultations
Democratic reform must be an ongoing process that engages Parliamentarians as
well as Canadians on renewing Canada's political process.
Provincial Consultation
- The Leader of the Government in the House of Commons and Minister
responsible for Democratic Reform will write to his provincial counterparts to
establish co-operation on the issue of democratic reform.
Consultation with Canadians
- Teams of Parliamentarians will be established and given the mandate to
consult with Canadians, especially young Canadians, on democratic reform and
youth engagement. Other forms of consultations will also be defined.
Annual Report on Democratic Reform
- The Government House Leader will table an annual report in the House of
Commons on progress in implementing democratic reform, consultations with
Parliamentarians and Canadians, and the next steps in democratic reform.
Conclusion
The initiatives outlined in this action plan will ensure that Members of
Parliament will play a significantly larger role in the decision-making process.
As a result, Canadians will be better represented and given a greater voice.
The steps in this action plan - ethics and integrity; a three-line voting
system; expanded roles for Committees (including Estimates); a greater role for
Parliamentary Secretaries; prior review of appointments, and the other
recommendations - will greatly empower Members of Parliament to more effectively
do the jobs they were elected to do. This will ensure that Parliament will once
again be the place where the great debates of the nation occur.
These reforms are just the beginning of an ongoing process. The government is
committed to increasing the confidence of Canadians in government and to
encouraging greater citizen engagement.
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