Evidence of meeting #3 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 amendment.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Joann Garbig

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

I'd like to call to order this third meeting of the Standing Committee on Procedure and House Affairs. This meeting is being televised. Today we'll consider committee business and continue consideration of our routine motions.

Just before I make introductory remarks, I'll remind people that at the end of the last meeting, Mr. Christopherson had the floor. I will shortly yield to him after a couple of opening comments here.

As you know, one of the high priorities in committee work is to deal with government business. You did get a letter about some government business, which I'll mention at the end of the meeting. Hopefully it will be for future meetings.

I had a chat with Mr. Christopherson on the weekend. We felt that before we proceeded back to his having the floor on the motion we were discussing, and to facilitate the rest of Parliament doing its work, it would be good if we could first go to the very last motion on routine business. That is the delegation of authority to the whips to appoint all the other committees.

Is that okay, Mr. Christopherson?

11:05 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Chair, that accurately reflects our discussion. Yes, I do defer...for the motion to be placed, and would hope that I get the floor back after we've done that.

Thank you.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Sure, as agreed.

Mr. Chan.

11:05 a.m.

Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Given that from Mr. Christopherson, we're fine on the government side to proceed in that manner.

Could we then perhaps move that particular motion, if that's agreed by all committee members?

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Are you moving the motion?

11:05 a.m.

Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

I am moving the motion. I'll read out the motion for the record, please. This deals with the delegation of authority to whips.

I so move:That the three Whips be delegated the authority to act as the Striking Committee pursuant to Standing Orders 104, 113 and 114, and that they be authorized to present to the Chair, in a report signed by all three Whips, or their representatives, their unanimous recommendations for presentation to the House, on behalf of the Committee.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Is there discussion?

These are routine motions. Hopefully a lot of them will go through quickly.

(Motion agreed to)

We will now give the floor to Mr. Christopherson.

We will turn to the motion we were dealing with regarding the subcommittee. I believe it was routine motion two in your packages.

David, we're speaking to the amendment you made.

11:05 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Great. Thank you, Chair.

I'm glad that we're able to get a little bit of business done, because I did say that I wasn't deliberately trying.... My sole purpose wasn't just to delay things. I have, I think, a relevant point.

I hope that the government's had a bit of a change of heart, given that, again, this really doesn't need to be an issue. It's both nothing and big at the same time.

The situation is this. We're talking about our committee, which is the only body that can make a decision. We create a steering committee, sometimes called a subcommittee, but we call it a steering committee here. The whole purpose of the steering committee is to make the business of the committee move more efficiently and more quickly.

At the steering committee, we deal with things like the order of witnesses we'll agree upon, or the time frame we'll set aside for public hearings versus going in camera. In other words, what we really do is map out the work plan and the details. Do you know the old expression about the kind of letter you get when a committee writes it? It's the same sort of thing. There's so much detail that for all of us to do it just bogs us down and takes forever, so we leave those kinds of things with the steering committee.

Here's the thing, and this is why I said at the outset that only PROC, as a committee, can make decisions. The steering committee, or subcommittee, is not a decision-making body. Whether or not we agree with the voting or consensus issue that I'm raising, at the end of the day, even if there's a voting system—which I'm arguing we shouldn't have at that level—that committee can't make a decision to order coffee. They have no authority to make any decisions.

With any recommendation that's made when it's a consensus model—which is what I'm pushing for—if there's unanimity among the three representatives of the three parties at the steering committee, that recommendation goes to the committee. Normally, it comes and everybody's just fine with it, because their representative has looked at it. There are some cases where it's a little different, but for the most part, when a unanimous recommendation comes from the steering committee.... In fact, usually the entire report is accepted in terms of the recommendations made, because each of us knows that our representative was there, speaking on behalf of our vested interests as individual caucuses, while at the same time working for the betterment of the entire committee. That works best when there's consensus.

The other rule is that if you don't have unanimity, nothing goes to the committee. There are no recommendations. There's no politics. There's nothing to defeat. If there's no unanimity, it comes directly to the committee as if it had bypassed the steering committee. That's the impact that it has. It goes to the committee, it's discussed. If there isn't unanimity, then it comes right to this committee, acting as if it never went to the steering committee. The only thing that the steering committee does is try to come to an agreement on the details of the business that we do.

Again, if it were the Conservatives, with the greatest of respect, I wouldn't even try to make this argument, because on the committee that I chaired in the last Parliament, they eliminated the steering committee. There was no point in talking about the minutiae and details of a committee when the government of the day just stood there, folded its arms, and said, “It shall not be” and that was the end of that.

We know how well that attitude went over after enough years, culminating in the election we just had and culminating in the election of the new government with a new mandate and a new vision. Part of what this new government promised—and this is the only reason why I'm making this an issue—is that one of our jobs as the opposition is to hold the government accountable. I understand that rules aren't very sexy and they're not very appealing, but I've been around long enough to know that with the rules we agree to today, when we get into crises down the road, go into our various corners, and have pitched political battles—that doesn't happen all the time on this committee but it happens from time to time on every committee—when that happens, we'll thrash it out.

But there's one thing we know for sure, Chair. No matter how controversial the issues are here, the government wins every vote 10 times out of 10. Every vote, they win. I've been in a majority government. It's a great feeling; you walk into a meeting in the House and you know you're going to win every vote, no matter what. This is a government that ran on a platform that said, “We're going to be different at committees”.

We really like the mother ship, the Westminster model, and the way they do committees. People who go there to watch them say that it's difficult to tell the opposition members from the government members. That means one of two things. Either you're in a democracy where there is very little democracy, everything is decided from on high and the opposition has no power or doesn't want power, but you do not have a dynamic democracy.... Most of us who've been here for a while have been to those countries, and we know first-hand what that looks like.

It's either that situation, where you can't tell who's government and who's opposition, or the situation where there's a stranglehold on everything. I won't name countries, but we could all put titles to that thought. They're actually functioning in a way that means they're there as parliamentarians and their partisan membership is secondary to trying to do the work of the committee. What they do, very successfully compared to us, is to try to remove some of the partisanship that's in the House. When they get to committee, they act as parliamentarians.

When everybody is focused the same way on an issue or a problem, if you're just observing and it's hard to tell who's the government and who's the opposition, that's a good thing. At most of our committees if you came walking in, within three minutes you'd know who's government and who's opposition, because our speeches can be and often are laced with partisanship. The government ran on a platform of saying, “We don't like that, it's not the kind of democracy we want, and we don't think that reflects the values of Canadians.” I'll say to the government that there were an awful lot of us in the NDP who shared that sentiment.

So the government got elected, okay? The dog chased the car and the dog caught the car. Now what? Well, so far, it's the same old same old.

We came here to our first meeting after the government ran on a platform of openness, transparency, new independence, and certainly removing parliamentary secretaries from the chokehold they had over the government majority. We walked in here on the first day and what did we see? We saw Mr. Lamoureux, whom I quite like; I've served with him for quite some time now, but this is not about him personally. Mr. Lamoureux, as the parliamentary secretary, was sitting right where Tom Lukiwski used to sit, who used to be the parliamentary secretary to the government House leader. It was the very system this government ran on, saying that they were going to change it. That was the first meeting. They completely threw everything they said in the election out the window and just went back to normal: “We'll do it just the way Conservatives did”.

So we called them on it. I called them on it. He moved down a couple of seats. We called him on it again and he moved down a couple of seats more, so we're making gains. He's getting closer to the door, but he's still here. At that first meeting, the blues will show that he spoke, by my estimate, probably 80% to 90% of the time, which used to be the problem. The parliamentary secretary would roll in here, tell the government members what the marching orders were from on high that day, and regardless of what debate we had, that was the way the vote went.

That exact thing is what the government said they were going to change. They said that they were going to give committees more independence, that they were going to let go of some of the power that the previous government corralled. Okay. That's good stuff and is part of the reason why the government was elected and got as many seats as it did.

Now we're talking about the steering committee in that context. All I'm suggesting and asking and putting forward is that we...because remember, there's no set rule. Most committees go by consensus. I don't know any steering committee where they actually take votes, which is the point.

The government says, “Well, we won't do it very often and we're not looking to do that.” No, no, no. First of all, I started out negotiating collective agreements 40 years ago and I've been in politics ever since. That stuff is not going to wash. Once we get into our corners, and fighting on partisanship, those rules are what we have to live by. The government stands by every letter of them in order to maintain the control they want.

As a sign of good faith...and I really thought this was an easy one. I thought I was handing Mr. Lamoureux a ball that he would pick up and run with all over the bloody court, because he could say, “Oh, we're honouring our commitments. Mr. Christopherson's putting the pressure on us, but make no mistake, we want to do these things. We're willing to do that, blah blah blah.” I was worried that I had given him all that, and instead he digs in. In fact one of his members even tried to shut me down. Talk about shades of the previous government.

Back to the point, the steering committee...and here's the thing. If you don't live inside this stuff every day, it sounds like, “What the heck? You're just going on and on, trying to take up time.” I accept that this is some of the criticism. Fair enough. It's not true, but it's a fair criticism that can be made.

What happens if you have that voting dynamic? A number of things, Chair. You've been around a long time. You're back now, but you've been here before. You know how this place works.

If we're going by vote, well, now we're into the partisan parliamentary games that happen. They're all legal, but they're games, such as waiting until somebody leaves the room so that you can move a motion. That sort of thing happens even in the House, where House leaders and whips are keeping an eye on who's in the House, who isn't, and whether they can gain an advantage and grab control of the House. It's been done. If you're in a committee where voting matters, then it also depends on winning that vote, because now you have a positive motion going forward. Once you introduce voting into the dynamic of a meeting room....

Again, those of us who have been doing this kind of thing...and it doesn't have to be politics. It can be anybody engaged in community work who understands the difference between working towards something on a consensus basis versus a voting decision. Remember, all of this is in the context that this committee is the only body that can make decisions, and that the government wins these votes 10 times out of 10. All we're asking is that we remove that irritant—that's all it really is—from our steering committee and subcommittees and acknowledge that they are consensus. If there isn't unanimity on an issue, it won't go forward to the committee with a recommendation, and if there is, it does. It's nice and simple.

This is the thing I'm having trouble with, Chair. What I'm speaking to means that the government gives up nothing, really, especially when they argue that they're never going to use the voting. Since it can't be a decision-making body, we're not taking.... It would be hard to measure the amount of power that's being taken. “Power” is not the right word. It's influence, nuance, advantage, but it's not power because that body doesn't make decisions. Even when they're unanimous, they are only recommendations. The subcommittee cannot make decisions for this group.

I come back to the fact that this was an easy one. My problem looking forward, as somebody who has been around here for a bit, is that if they're not willing to loosen up on things that really don't even matter, where there isn't any real power to give—it's more of a nuisance, a nuance, an influence, call it what you will—and they won't even give that up, then really how sincere is the government in terms of doing things differently from the last Parliament?

So far, all I see is same old same old. Nothing has changed. The faces have changed, but I'm still sitting here facing a majority, with the parliamentary secretary possibly still calling the shots.

Also, on the first real attempt to modify anything, a tiny little thing like this, the government is digging in their heels and saying, “Oh, no, we can't do that.” Well, you can't have it both ways. You can get elected on sunny ways but that alone isn't going to carry the day. We have to see some change. I'm not getting any indication of that.

I was kibitzing with Mr. Lamoureux in the House yesterday hoping that would provide him a chance to come over and say, “By the way, Dave, we're not going to make an issue out of that other thing.” No, that didn't happen so unless I'm hearing something different, and I'm getting no indication the government is going to change, it doesn't look like they're going to acquiesce on this. If they're not going to give on this, then a whole lot of Canadians need to understand that the government is serious about parliamentary change only when it suits them, which, of course, is the antithesis of the point. The point is to try to make this less partisan, but here we are.

I thought I was rather generous. I gave Mr. Lamoureux a Christmas gift when I identified to him what he was giving me as I saw it unfolding. I asked Mr. Lamoureux—I'm paraphrasing myself—why he was doing this. I said, I'm going to keep talking about this until the end of the meeting and that means it's going to carry over into the Christmas and New Year's break, that means when there's a slow news day somebody is going to pick up that little thread and say, “Oh, here's something interesting. I have to give my editor something today. Here's something that's legitimate and real. It's not that big but it's something.” Sure enough, that's what happened.

I'll repeat myself from last year. Why on earth would the government want to take a hit on one of their key signature pieces, which was democratic reform, especially, as the government said, in the area of committees? They said they wanted them to be more independent, less under the control of the PMO, less partisanship, more camaraderie, more working together, more acting as parliamentarians rather than partisans.

Sure enough, it wasn't big, but it was big enough. They took this hit and they're continuing to take this hit.

Every time they stand up and brag about their other democratic reforms don't think that this isn't going to come back. This is only one, because my sense is that this government is not prepared to be serious about change. It's going to be drip, drip, drip. The government can make their big headline announcements and then it's going to be drip, drip, drip. At the end of four years if this continues, there's going to be a whole lot of Canadians saying, “Wait a minute, what happened to all that change that they talked about? What about injecting new life and dynamism into our democracy and into our House of Commons?”

Remember that the government said, “particularly in the area of committees”. I don't understand it from a procedural point of view. I don't understand it from a reform point of view. I don't understand it from an efficiency point of view. I certainly don't understand it from a partisan point of view, especially when the government says it really doesn't want to use voting.

Why are you maintaining that the voting system even exists there? Why?

There's only one answer. I believe Mr. Chan referred to it. I stand to be corrected. I think he made a reference that “there may be times”. Okay, here we go: “there may be times”. That's why these things matter now because we get one kick at this in four years, just one. Some committee rules get changed, Mr. Chair, as you know, over the course of Parliament, but for the most part once committee rules are set that's what you live by. That's why I'm making an issue out of this now because it's the only chance we have.

Mr. Chair, I would be interested before I completely relinquish the floor to see if there's a response from the government. If they're willing to say they agree, then I don't need to go on and I don't need to summarize. If they aren't, then I will move on to summarize because I'm not going to die on this political hill.

From a partisan point of view, we've already gotten more from this than anyone would have any right to expect, because of the government's pigheadedness.

Anyway, Chair, with the understanding that I still have the floor, I would offer colleagues on the government side a chance to respond to what I've said so far, and I'd still like a chance to have the floor back.

11:25 a.m.

Liberal

The Chair Liberal Larry Bagnell

You can't automatically have the floor, but you're next on the list.

11:25 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Well, I'll put myself on the list after I give it, which seems kind of silly. If nobody else takes the floor, there's nobody to get on it afterward. That's my point.

11:25 a.m.

Liberal

The Chair Liberal Larry Bagnell

You're going to be the only one on the list anyway.

11:25 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Just say yes.

11:25 a.m.

Liberal

The Chair Liberal Larry Bagnell

While we're waiting, I'm just going to read into the record for Jamie—I welcome him to the committee—and for anyone who wasn't at the last meeting what we're debating. This is the second routine motion of the Subcommittee on Agenda and Procedure. A motion of amendment was moved on December 10, 2015.

It was moved by Mr. Chan:

That the Subcommittee on Agenda and Procedure be established and be composed of the Chair, the two Vice-Chairs and two Government members.

Then there was an amendment, which we're debating now. It was moved by Mr. Christopherson that the motion be amended by replacing the words “two Government members” with the following: “one Government member”.

Is there someone other than Mr. Christopherson who wanted to speak? Will we just carry on?

Okay. You might as well carry on until someone approaches me.

11:25 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Yes, I think we're getting close to the end, Chair. I said that this wasn't an exercise in trying to deliberately hold things up, and it wasn't, but it is interesting that on the motion we're talking about, we're talking about how many government members.... Quite frankly, if it was about consensus, fill your boots, and bring as many as you want. The whole idea is just to come to some agreement on things. But this matters because now they're getting into the voting aspect.

I've been around and around on this, Chair. I've made my point, certainly more so than I thought I would end up doing. I have to say, Chair, that this is so much like dealing with the last government. This government wants to say they're different, and I know in their hearts they may be, but as PROC has unfolded, this is just like Toryland. This is just exactly the way the last government ran things.

I see members shaking their heads to say no, no. I understand how you feel, but the fact of the matter is that those of us who were here the last time know that this is a repeat of that way, and on this first issue.... Besides, it would be nice to see the member jump in. She has a lot of body language.

Is Mr. Lamoureux not letting you speak? I thought the whole idea was that everybody gets their say.

I see this body language, and you just have so much to give, but there's no.... I used to watch that. I feel for you. I understand what that's like. I've seen it with some of my colleagues in the last government. They were itching to speak. They wanted to bring democracy and oxygen to the discussion, but they were stifled, much like what we see here where the parliamentary secretary keeps himself very busy on his BlackBerry and with his notes, keeps his head down, and tries not to make eye contact, while the rest of the members are sitting there and wondering, “Why are we in this mess?”

I get a sense that they would like to say something, but they aren't. What does that look like? Well, it's exactly the way it was before.

Words alone don't change things, my friends. If you want to change things, you have to change them. This first opportunity, the very first and likely the easiest opportunity this government would ever have to indicate they really do want to do things differently and aren't interested in the PMO having its throat grip on every committee, this was their chance, and there they sit, quiet, just like the Conservatives used to be, waiting for the moment to use their majority vote to ram through what they want to do.

Now, how that is different and is sunny ways and openness escapes me. I will be very interested to see where and how this government is actually going to deliver on making committees more independent, more transparent, and less partisan. I'm anxious to see where that is going to be, because this is the easiest opportunity the government is going to get, and they have no interest.

I'm done.

11:30 a.m.

Liberal

The Chair Liberal Larry Bagnell

Are there any other speakers to the amendment? Are we ready for the vote?

I'll read the amendment so that we know what we're voting on. It is moved by Mr. Christopherson that the motion be amended by replacing the words “two Government members” with the following: “one Government member”.

11:30 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I'd like a recorded vote.

(Amendment negatived: nays 5; yeas 4)

11:30 a.m.

Liberal

The Chair Liberal Larry Bagnell

The amendment was defeated, so we'll go to the motion itself.

Is there any debate on the motion itself?

11:30 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I'd like a recorded vote, please.

(Motion agreed to [See Minutes of Proceedings])

11:30 a.m.

Liberal

The Chair Liberal Larry Bagnell

We'll go on to the third routine motion, which, because of name changes, has to be....

Yes, Mr. Christopherson.

11:30 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I seek your guidance. I wish to place a motion regarding in camera business, and would ask for your guidance, through the clerk, on where best to introduce that.

January 26th, 2016 / 11:30 a.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Number nine deals with in camera.

11:30 a.m.

Liberal

The Chair Liberal Larry Bagnell

Motion nine is related to in camera.

11:30 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mine aren't numbered. What's the heading?

11:30 a.m.

Liberal

The Chair Liberal Larry Bagnell

It's “Access to In Camera Meetings”.

11:30 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Yes. I wondered, but because it was only “access”, I didn't want to get caught on the narrowness.

You'll allow me to make a motion at that time regarding in camera meetings?