Mr. Speaker, I rise to speak to the Motion No. 207 brought forward by the Tory member of parliament for Kings—Hants.
Like so many other ideas of the fifth place party, when we strip away the veneer we are left with another Red Tory irresponsible socialist nightmare. About the only positive thing I can say about the motion is that it is not votable, so we will not be wasting three hours of parliament's time debating it.
However, if it had been deemed votable, I would have voted against it and encouraged fellow MPs to do the same. I say this not so much for what the motion attempts to accomplish but for what it does not do.
The motion tries to introduce increased accountability into the regulatory process. However, it deals with accountability in terms of costs and forgets about the regulatory process itself.
In that sense the hon. member has put the cart before the horse. Reform's approach, as outlined in our blue book policy, states that the Reform Party supports restrictions on the number and types of orders in council permitted by a government during its term in office. It goes on to state that until we form government Reform Party MPs will strive to make parliamentary committees effective in reviewing any regulation before implementation.
As the official opposition, my Reform Party colleagues and I believe that by changing the regulatory process to make it more accountable we get cost effectiveness.
I will elaborate later on how this is achieved. However, I first want to provide context and background on how the regulatory process works or, more accurately, does not work.
Regulations, or as they are also described statutory instruments or delegated legislation, are passed through order in council or governor in council. As all members know, this is done under the auspices of the minister's authority.
Let us not kid ourselves. They are drafted, vetted and the product of bureaucratic thinkers. There is nothing wrong with this per se. Indeed, with British parliamentary democracies having evolved the way they have, legislative authority must be delegated.
However, as a consequence and with little or no accountability, unelected people are making what are effectively laws. The authority to do this is legitimately contained in every bill that comes before parliament. But that is not where my concern is.
Given that any government bill tabled contains the words “the governor in council may make regulations”, the bulk of a bill's legislative intent is not in the legislation itself but in the regulations that follow after a bill's passage. This is where my concern is.
To put it into perspective, think of a government bill. I see the justice minister is in the House, so let us use the government's flawed Firearms Registration Act as an example, otherwise known as Bill C-68. That bill was and is an attack on the fundamental property rights of Canadians. Yet the most offensive part of the bill comes from the potential of governor in council regulations that may be passed at future dates.
The enabling legislation for Bill C-68 contains a regulatory proviso that allows the justice minister to arbitrarily declare any class of firearm prohibited. The firearms can then be confiscated from law-abiding owners.
As for the regulation itself, there is no debate, no vote in parliament and no accountability. Sure there is a weak promise to table any such regulations before the justice committee, but that is a meaningless, token gesture. In fact, the tabling of order in council documents before any parliamentary committee is rarely done. It is even rarer for the government to place draft regulations, along with the bill itself, before a parliamentary committee for consideration.
The point here is that a government bill is a lot like an iceberg; 10% comes in the form of the bill and the other 90% lurks beneath the surface in the form of regulatory authority.
What does my Tory friend offer as a solution to problems of accountability and cost effectiveness? In true Liberal and Red Tory fame, he offers to set up a bureaucracy to watch the bureaucracy, spending money to allegedly save money. When I see and hear that type of impaired logic, I can safely say that Liberal or Tory, same old story.
Am I being overly unfair? Let us look at the record of the red Tory government when it was in power. Does it differ from its Liberal clone on the subject of regulatory accountability? During nine tortuous years in power, did members of the fifth place party do something to make the regulatory process more accountable? Unfortunately, no. Like their Liberal friends before them and in government now, the Tories did nothing. In fact, the statutory measure that would allow for a parliamentary committee to disallow a regulation is still not in place. The Tories could have done it while they were in power and did not.
Of course, their Liberal counterparts are no better and somewhat more hypocritical than the Tories. The Liberals actually pushed for a statutory disallowance procedure while the Tories were in power. Curiously though, now that the Liberals are in power, they are not quite as eager to implement it. Then again, it is not all that surprising if one thinks back to the Liberal GST promise, but I digress.
There are numerous reasons why the Liberals will not enact a statutory disallowance procedure. Political opportunists say one thing in opposition and do another thing in government. Arrogance, disrespect for democracy and the list goes on.
In any event, a great deal of what he proposes is contained in the RIAS which accompanies the regulation. The regulatory impact analysis statement deals with much of what the hon. member is trying to do here with the motion before us. I encourage him to actually pick up a copy of the Canada Gazette Part II and read through the RIAS for any given regulation. It does offer valuable insight into the impact of a regulation. However, I reiterate that the key to accountability lay elsewhere, not in the financial bottom line but in reform of the process itself.
A regulation should not just be given a parliamentary rubber stamp once the Clerk of the Privy Council has been given a copy, as is the case now. Instead, there should be mandatory review by a parliamentary committee before a regulation comes into force. As a preventive measure, this could be done by tabling draft regulations at second reading or during committee consideration of a bill. If the regulation is found to be flawed, then it would be referred to scrutiny of regulations immediately instead of after the fact.
Once there, if the regulation is still found to be flawed, a statutory disallowance procedure could then be used to strike down the offending regulation. My Liberal friends will say that there is already room in the standing orders, but this procedure is not useful because there is nothing compelling the minister to strike down the offending regulation.
Considering that Britain, Australia and New Zealand all have statutory disallowance procedures, the question is, why do we not? The answer is a refusal by cabinet to act on the issue, a refusal by the executive to relinquish absolute power over the regulatory process.
Sadly, this comes from the profound mistrust that government MPs have for the role of parliament and its members. And, like the motion before us, it also demonstrates a deep misunderstanding of the regulatory process.
In closing, if MPs on both sides want to make regulations more accountable, hence cost effective, this is not the way to go about it.
The House and Canadians would be better served by a regulation making process that increases parliamentary scrutiny. Contrary to what is being proposed here, it does not mean creating another bureaucracy which functions outside of parliament.