Evidence of meeting #145 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was project.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

David Christopherson  Hamilton Centre, NDP
Linda Lapointe  Rivière-des-Mille-Îles, Lib.
Michel Patrice  Deputy Clerk, Administration, House of Commons
Susan Kulba  Senior Director and Executive Architect, Real Property Directorate, House of Commons
Stéphan Aubé  Chief Information Officer, House of Commons
Stephanie Kusie  Calgary Midnapore, CPC

11 a.m.

Liberal

The Chair Liberal Larry Bagnell

Welcome to the 145th meeting of the Standing Committee on Procedure and House Affairs.

Today, as we continue our study of parallel debating chambers, we are pleased to be joined by Mr. Bruce Stanton, member of Parliament for Simcoe North, who is also the Deputy Speaker and Chair of the Committee of the Whole. As a personal note, he is also the chair of the Canada-Myanmar Friendship Group. For members' information, Mr. Stanton has authored articles on the subject of parallel chambers in both the IRPP's Policy Options magazine and the Canadian Parliamentary Review.

Thank you for being here.

Just before you start, I want to let members know that the delegation from Kenya never made it, so the meeting you got a notice for is not on. Take it off your schedule if you did include it.

Mr. Stanton, we're delighted you're here. I actually think this is one of the most exciting projects that PROC has undertaken, so we look forward to your suggestions.

March 19th, 2019 / 11 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

Thank you, Mr. Chair.

Good morning.

Thank you for the invitation to appear as part of your study of a parallel or concurrent debating chamber for the House of Commons.

Before I get into this, I'd first like to say that I really don't consider myself to be an expert in these matters, but I have shared and will share my perspective today on some of the research I have done in this area. Of course, as some of you may know, some of this was published in the Canadian Parliamentary Review and in the IRPP op-ed the chair mentioned, but these are also my own observations, as a parliamentarian, here since 2006.

I am going to touch on three main things here in my opening comments. The first will be a general description of the concept; second will be some reasons we might be considering this kind of innovation; and third will be some thoughts on how, if the decision were to proceed, that might be dealt with.

After that, of course, I'd be happy to take your questions.

Firstly, in terms of the second chamber itself, the briefing materials and the testimony of Mr. Natzler, the clerk of the UK House, will give you a rough idea of how the system works. Both Australia's House of Representatives and the UK Parliament use them. Australia was the first country to implement the structure, in 1993, and the UK followed, to a degree inspired by Australia’s experience, in 1999.

Each has evolved into a permanent and valued part of its parliamentary institution, and it's noteworthy that their functions and the way they serve MPs and Parliament are somewhat different.

The Federation Chamber in Australia, for example, is used as an adjacent lane for parts of the legislative process, such as second reading and report-stage debates, whereas the U.K. keeps all its consideration of government legislation in the main chamber.

In my view, this is telling. While we share the Westminster parliamentary tradition with our Commonwealth friends in the U.K. and Australia, our Standing Orders, conventions and practices have evolved differently to suit our needs and the priorities of parliamentarians here.

However, there are some common virtues of the two second chambers. These virtues include the following.

They have a low quorum of three people, including the chair occupant, a member from the government side and member from the opposition. The forum is less controversial, since the debates by their nature are less divided.

The parallel structure affords more time for members of Parliament to debate and to speak about issues that have direct relevance in their constituencies. The second chambers operate on a fixed schedule that’s around 30% to 35% of the time in the main chamber.

The second chambers are seen as a way of managing or supplementing the noncontroversial aspects of the day's business that would otherwise take debating time away from the more consequential business of the main chamber, such as routine proceedings, adjournment debates and members statements.

They can act as a proving ground for testing new procedures that may be considered for implementation in the House, and for MPs to hone their debating skills and familiarity with procedures. They are also a help for newer presiding officers to gain knowledge of their roles and points of procedure that will invariably become helpful when they preside in the House.

They generally operate on the same rules of order as the main chamber. They are televised, transcribed and journaled, and provide a small gallery for the public. In our case we would have to add to that simultaneous translation—in essence, the same way that we support standing committees.

The physical setting is similar to a large committee room. The more intimate setting aids decorum. The U.K. and Australia use a U-shaped design to invite more collegiality across party lines.

Since their inception, each of the two chambers has created new features that have become very popular. In the U.K., as you heard, they use the chamber for e-petition debates that can have in excess of 100,000 signatures. Due to the high level of public interest in these debates, they can attract a big online audience, which have been noted to be sometimes higher than for other debates that are broadcast. In Australia, time is reserved for what is called “constituency statements”, like a three-minute S.O. 31, which both members and ministers can use to tailor messages to their own constituents. You'll know that our ministers are prohibited from using that in our S.O. 31 system.

The reviews of each second chamber after more than a decade of use—two decades in the case of Australia—show that each overcame the early concerns and skepticism regarding their merit and usefulness.

Secondly, I want to address the reasons for embarking on a project like this. I believe that it's important that any effort to establish a second chamber be based on a reasonable need or short-coming with our current parliamentary system and procedures.

Understanding the scope of the problems would be instrumental in explaining how a proposed second chamber would work, and more importantly, why it's worth doing. Though the outcomes were favourable for the parliaments in our fellow Commonwealth countries, it's recommended that we understand what issue or gap a second chamber would be intended to address.

There should be a cross-party consensus on this before proceeding much further, and it would take some additional work even to land on what the rationale for such a project would be in the Canadian context.

For the examination of where these gaps or areas of improvement could lie, Samara has done some excellent exit surveys of MPs and tapping of the views of MPs currently serving. House leaders, whips past and present, and table officers have an understanding and experience of parliamentary processes that is unique compared with that of the average backbencher, and their insights on where the current system could be improved would be invaluable.

I would also suggest getting a firm understanding of the original motivations for both the Federation Chamber and Westminster Hall, because they are instructive. The way these two chambers operate today reflects very much their initial raison d’être. That is why, for example, Westminster Hall is more a domain for backbench business versus the main chamber, whereas the Federation Chamber acts as more of an adjacent lane for a wider array of House business.

Finally, as you look at possible steps for your study and recommendations, it is worth looking at how the Select Committee on Modernisation proceeded with their investigations into what eventually became Westminster Hall.

The select committee was aware that creating a second chamber would be, for the institution, a radical and broad innovation to the usual practices. The UK first looked into the second chamber idea in 1994, based on Australia's success. It wasn't until December 1998 that the select committee tabled a discussion document for members of Parliament presenting the possible advantages of the chamber. At that point, the select committee wasn't even proposing to start a second chamber on an experimental basis.

Their intent was to set the idea out in some detail, so members could give their views on the basis of as much information as possible. They then invited members to comment on the proposal over several months, after which they could determine whether to proceed, but if so, how it might best be implemented. As they explained, members will wish to consider it with care, not only in principle but how it might work in practice.

With the inputs they received from MPs in hand, the modernisation committee tabled its second report in the House on March 24, 1999. It was debated in the House in May, and that second report became the basis of a trial of Westminster Hall starting in November of that year. It was not until 2001-02 that Westminster Hall became a permanent part of the U.K. House of Commons parliamentary process.

In summary, I believe that your consideration of this idea is a constructive exercise. Parliament, like any other organization with which we have worked, must constantly seek to improve the efficiency of its internal and administrative processes and make good use of its time. The time demands on parliamentarians is a recurring theme throughout the evolution of our standing orders and our practices and traditions.

Moreover, we should always be looking for ways to demonstrate to our constituents the value and consequence of the exercise of our duties as MPs.

There are many possible advantages to moving ahead with this idea, and the success in the U.K. and in Australia is well established. For our Parliament, having a good grasp of the issues, obstacles or limits that a second parallel chamber could address is the crucial first step.

I thank you for your attention. I'm happy to take your questions, Mr. Chair.

11:10 a.m.

Liberal

The Chair Liberal Larry Bagnell

Thank you, Mr. Stanton.

Great.

In the report, you referred to the information from Samara. We have a report here. It's in English, but it's in translation, so you will get a copy of that shortly.

Also, we have someone from Samara here. Could you put your hand up, in case anyone wants to talk to you later?

I have just a quick question. Am I correct that the Australian double chamber evolved because the Canberra state chamber did it first? Are you aware of that?

11:10 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

I'm not certain of that, Mr. Chair. I do know that, in the original evolution of this around 1993, it was a fairly volatile time politically for the House of Representatives. They were having real issues with essentially closure of debates, time allocation—“guillotining” was the word they used at that time. They really got to somewhat of an impasse there. I think that got them looking at finding other ways to get on with it. The Federation Chamber was born out of that.

11:10 a.m.

Liberal

The Chair Liberal Larry Bagnell

We will go to questioning. If it's okay with the committee, I thought we might do one round normally, and then if people are reasonable, just open it up informally to different people, as we have in the past.

Is that okay?

11:10 a.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Let's begin.

11:10 a.m.

Liberal

The Chair Liberal Larry Bagnell

Let's start with Mr. Simms.

11:10 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Stanton, all partisanship aside, I'm a fan. Thank you very much. I enjoyed your article when it first appeared in Canadian Parliamentary Review, I think it was.

I've been following this issue and looking into it further in other jurisdictions, much like you have. During my time, I'm going to do two things: I'm going to ask you questions, but I'm also going to give myself the opportunity to vent my spleen on many of these issues.

I say that because I am absolutely envious of many of the things I've heard in witness testimony about Westminster, the clerk there, and what I've read from Australia. I've seen how they have made strides well advanced of what they were back then, both in Australia and England, but also in New Zealand, and how they've managed to do that with a great deal of maturity.

As a matter of fact, if I may be so bold, sometimes they debate the way their House operates in such a mature fashion that it makes us look like a stationary clown car where reasoned debate goes madly off in different directions. That is most disappointing, because we had an episode last year that was absolutely disgraceful, and I think we should all be blamed for that.

I saw it 10 years ago. I saw it 10 months ago. I think ideas like yours get lost, because I don't know if we're mature enough to deal with them yet. That's my view. That's 15 years of my spleen vented.

11:10 a.m.

Some hon. members

Oh, oh!

11:10 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

There are two things about that. There is the Federation Chamber in Australia and then the Westminster Hall. One is a supplemental, if I may use that term, in the sense of there being over 600 members of Parliament. A lot of it deals with the backbench business of emergency debates, e-petitions and constituency statements. I'd love to get three minutes to talk about my constituency. I think we all should have that. The Australian model is more of a parallel chamber. That's the one that's adjacent.

My opinion is that we would be better served with a parallel way of doing this. In other words, for the actual legislation that's in the House now, we should have the opportunity to go beyond the House and discuss it outside if we want to talk about a certain issue of the day. As a matter of fact, I do believe that we could deal with the issue of travel on Fridays, because it seems like everybody who is in government wants to get rid of Friday sittings. Everybody in the opposition wants to keep Fridays; it doesn't matter what party it is. That's been going on for 50-odd years.

This could be a situation where Friday is set up for a parallel chamber, and you don't have to be there on a Friday; you want to be there on a Friday because it deals with a bill that is pertinent to the people you represent.

Do you have a preference between the two?

11:15 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

I think there are features of both that could be seen as advantageous, depending on how we.... As I stressed in my remarks, this comes down to what we think will work best. I agree with taking a look at this in a mature and less partisan fashion, because you're essentially trying to innovate and improve the processes that serve not only parliamentarians but, through them, the public as well. I think this is where the parallel chambers have worked successfully, and certainly in the case of Westminster Hall with the addition of their debates. They have debates on a number of issues that would never be seen here other than the rare take-note debates that we have in the chamber.

I agree with your point, Mr. Simms, with regard to looking at the U.K. example. They used a modernization committee to take up consideration of just that issue. They were able to bring forward some ideas in fairly precise detail.

On the other point you mentioned with regard to debates and taking the issues of governmental business for additional comment, the chambers do use a form of what we would consider adjournment debates. This is where members of the government and opposition are both present, and there's an opportunity for opposition members to then pose questions. You can have this exchange in the parallel chamber. Let's face it: adjournment proceedings are highly subscribed. Quite often there isn't the time to permit them all.

There are a number of different options. This is why, as opposed to landing on a firm position as to what it should be and what it should entail, I think we should take a good look at some of these advantages, and what we can agree upon we could move forward with.

11:20 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Yes, I think you're right. As I said earlier about the parallel function of it, I think that's the prime importance of a parallel chamber. I think you could cover off the other stuff and constituency statements as well.

In the age of social media, we all want to get on camera so we can record it for our Facebook accounts or what have you. I don't mean that facetiously. It's what we do.

11:20 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

Right.

11:20 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

I have so many constituents who say, “Gee, when do you get up in the House and say something?” I tell them that I just did it the day before. But nobody watches CPAC, and if they did, I'd be rather alarmed.

The thing about what you're saying is that I fundamentally agree with the function of it, and it should be flexible in the case of this country, because all the other stuff does mean something to a backbench member of Parliament.

In addition to the legislative function and the vetting, let's go back to the guillotining that you talked about—or as we call it, by a fancier name—

11:20 a.m.

Liberal

The Chair Liberal Larry Bagnell

You have 30 seconds.

11:20 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Speaking of guillotining, government programming started back in the late 1990s. It allows people to see what is available for debate, because you can't do it forever, right? Despite the consternation over time allocation, that we don't like it, we've been using it. And I say “we” meaning around the board. Let's face it, you know, at some point you're going to say, “Why are you cutting this off? Oh, and by the way, how come you haven't passed any legislation yet?”

So how does it help in that situation for this chamber to serve a role?

11:20 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

I think it would be worth considering that in his testimony, Clerk Natzler was right onto something here. It was to say that as we go forward on this, we should be mindful that we're going to do something that at the very least leaves both opposition and government neutral as it relates to the function of a second chamber, that you're not, on the one side, adding or taking away opportunities for government to make sure they can implement their agenda, or on the other side be in any way changing the degree to which the opposition have the opportunity to put those arguments towards the government. At the very least, we should achieve a balance with that if there are going to be changes at all.

11:20 a.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Thank you.

11:20 a.m.

Liberal

The Chair Liberal Larry Bagnell

Thank you very much for your comprehensive reply to Mr. Simms.

I'd also like to welcome Frank Baylis to the committee. He's had a long-time interest in changing our democratic systems to make them more efficient, so he's studied this as well.

Mr. Reid.

11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Thank you.

First of all, welcome, Bruce. We're glad to have you here.

I want to ask about something from your presentation. You mentioned, and I think this is true for both Westminster Hall and the Federation Chamber, that they operate on a fixed schedule. It's around 30% to 35% of the total sitting hours per week of the House of Commons, or House of Representatives in the case of Australia. Are the numbers right for both of those?

11:20 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

It seems to be fairly consistent, Mr. Reid.

In each case the chambers have a regular schedule per week, not unlike in the House. That's not to say that each rubric of that schedule is used every week, but for the most part it is, and there's a fixed schedule of set times for a certain part of business to be taken up. For example, in Westminster Hall, on a certain day a time is reserved for e-petition debates, and there's one hour for the liaison committee. There's even a section, I believe, on Thursday for backbench business.

11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

And that has to be done in order to allow coordination with the business of the House, so that people aren't expected to be in two places at once, much as with with our committees.

11:20 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

That's entirely correct, and that's why on average, on balance, the time that's taken in the parallel chamber is around 35% of the total hours that are taken up in the main chamber.

11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

So if you had the goal of ramping it up so that it would run at 100% of the number of hours of the main chamber, it would be logistically difficult or impossible, unless you were to have it run into the wee hours of the night.

11:20 a.m.

Conservative

Bruce Stanton Conservative Simcoe North, ON

Yes, and I think at that point, one would have to wonder.... That would be an even more radical innovation than what we've seen in both of these other parliaments. They were very specific in setting certain aspects of business in the second chamber, and it was directly in line with what they felt they needed to solve or address, gaps or weaknesses with the current system.

Another recurring theme was the time needed in the main chamber. There was never any doubt that the main chamber is the important forum, especially for exchange and debate on the more controversial and consequential issues of the day.