Inside Politics

UPDATED: Orders of the Day (01/05/09) - Memories of Order Papers Past

progress-chart-200.jpgLet's take a moment to remember the last session, shall we? More specifically, let's take one last look at the legislation that died on the Order Paper when the prime minister prorogued parliament last week, ostensibly because:

  • a) the government had reached the end of a productive legislative agenda, and felt the need to be reborn, phoenix-like, with a Speech from the Throne (which is totally routine and has been done over a hundred times since Confederation);

  • b) the new Conservative plurality in the Senate means that committees need to be reset to stop unelected, unaccountable Liberal senators from blocking and/or gutting legislation passed by House of Commons; and/or

  • c) the Vancouver Olympics are of such overriding national importance that we can't risk having them overshadowed by antics on the Hill. (Note: That last link goes to a video clip of Government House Leader Jay Hill bringing up that point during a panel discussion on prorogation politics on CBC's Power and Politics.)

Leaving aside that last argument for the moment, because -- oh, honestly, can we not heed the wisdom of Maeby Funke, and just sit quietly and consider how ridiculous that statement is?  -- let's take a closer look at the first two points with the help of this super pretty, easy to follow colour-coded progress chart provided by the Government House Leader, which includes all government legislation introduced since the start of the last session in January, with the exception of appropriation and other financial housekeeping bills.* 

First, the numbers: Out of 62 bills introduced in the Commons, 30 received Royal Assent. (I didn't count the CN back to work legislation, since was mooted when the strike ended without intervention.) The tally for government bills in the Senate is similar, with three out of seven bills getting the nod from the Crown, for a final total of 33 out of 69, or just 48 percent -- which, if it were a grade, would be a failing one.



Curse that unelected, unaccountable Upper House? Sure, go ahead, if it makes you feel warm and fuzzy inside, but it would seem that very few of the 35 now-at-least-temporarily defunct bills were actually victims of a stubbornly obstructionist Other Place. Three, to be precise: the oft-cited  consumer safety bill (C-6), and the drug sentencing bill (C-15), both of which did manage to make it to third reading in the Senate, but which were saddled with amendments that the government has preemptively - and forcefully - rejected, and C-26 (auto theft), which was sent to Legal and Constitutional Affairs at the end of October, where it remains -- or remained until prorogation -- under consideration.

(There's also the anti-spam bill -- C-27 -- which was referred to Transport and Communications on December 15th, but since the Senate adjourned the following day, it seems a little unfair to categorize its failure to make it through committee in less than 24 hours as evidence of widespread dysfunction, particularly since it took nearly six months to get from first to third reading in the House.)

As for the three government bills that were introduced in the Red Chamber,  S-8, which would establish tax conventions with Colombia, Greece and Turkey --  made it through third reading and was sent to the Commons on December 15;  S-6, which deals with how the Canada Elections Act treat loans to political parties and leadership candidates, and S-7, which would impose term limits on senators are still at second reading, and  S-5, which would repeal the gun registry had its first reading last spring but hasn't been seen since, although that could be the result of a strategic decision by the government to focus its efforts on the private members' bill instead.

Meanwhile, over in the Commons, a whopping seventeen bills have yet to make it through second reading, eight had been referred to committee, and an additional two were reported back just before the House rose for the holidays. (What's the hold up at committee, you ask? Turns out that's what happens when you send nearly every bill -- all but two of those still outstanding, to be precise -- to one of two committees; as a result, both Justice and Public Safety have ended up with a bit of a backlog.)  The rest are -- or were -- in limbo, awaiting report stage debate or third reading, the timing of which was entirely within the government's power. After all, with the exception of opposition days, it's the Government House Leader who sets the legislative agenda. 

Given all that, it really is difficult to see how the prime minister can blame the opposition, or the Senate, for his government's failure to pass more than half of the legislation introduced in the last session. Not that it will likely stop him from trying, but still: sometimes, it's useful to actually check the record to see if a talking point corresponds with reality. 

UPDATE: Oh my gosh, you guys, I can't believe none of you have pointed out that I somehow managed to forget all about C-36, the Serious Time for the Most Serious Crime, on which debate at second reading began in the Senate on December 3, but was adjourned immediately following the opening speech by its sponsor --  Senator Claude Carignan -- and wasn't called again.(As in the Commons, in the Senate, it is the government that decides which bills will be brought forward for debate, so the fact that it wasn't can't be blamed on the opposition.) 

CLARIFYING/CORRECTIVE UPDATE. Whoops! I just noticed that the chart in question does include appropriations bills, which constitute six of the 34 bills given Royal Assent during the last session. The thing about appropriations bills, though, is that they're pass/fail, which means that successful passage indicates that the government maintains the confidence of the House, but not any particular skill at managing House business. 

Since I also counted those bills when figuring out the percentage of bills passed, that doesn't change the results, but if you wanted to be a real stickler for accuracy, you'd take them out of the equation entirely, and focus instead on actual legislation, as opposed to supply bills .  Using that formula, which subtracts six from both the Royal Assent total and the base, the government's grade would drop from 47 to 43 percent. (And no, it's still not the Senate's fault.) 


Tags: blackberry jungle, orders of the day