LEGISLATURES

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CHAPTER 7

• LEGISLATURES

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• Assemblies
• Number of Legislative Chambers
• Size Tenure of Assemblies
• Functions of Democratic Legislatures
• Canadas Legislative Assemblies
• House of Commons/Legislatures
• Senate

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CANADAS LEGISLATIVE ASSEMBLIES

• Canadas 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 govt 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 govt 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 govt 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 estimatescosts 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/Legislati
  ve 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 memberdone
  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 Mulroneys governments
  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 govt 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 Senates 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