Recently a Conservative MP became the
first MP in more than a decade to raise
a point of privilege against his own government
in questioning why he was denied an opportunity to speak by his own
party whip during question period. Whilst the item that he wished to
speak about (selective abortion) is rater controversial it was the
Government Whip Gordon O'Connor response that was the most revealing.
He
told House Speaker Andrew Scheer that such matters (deciding who may
speak to the house) are the exclusive purview of the parties,
and, as such, firmly outside his jurisdiction as guardian of the
House.
"Put simply," O'Connor informed him, "this is a
team activity and your role is referee ... It is not your job as
referee to tell the coach or manager which player to play at any
given time." That, he concluded, "is a question for each
team to decide."
After a second conservative MP rose to
say that he too had been prevented from speaking during the period
set aside for members to make a statement about a subject of their
choosing. Green Party Leader Elizabeth May remarked that O'Connor's
sports metaphor "cut to the core of what is wrong with
parliamentary democracy" by characterizing MPs as "teams"
simply there to "take instructions from our team boss." She
went on to say we are not here as teams, but as representatives of
their respective constituents, and mused that, as far as the
constitution goes, political parties do not, in fact, exist and that
democracy is not a sport.
This incident gives a clear indication
of how the conservatives think the 'game' should be played, ignore
the rules, sideline the referee and let the captain and coaches
dictate what the players can say and do but at the same time pretend
that they are all for MPs rights to represent their constituents and
speak their mind.
Indeed back
in 2010 Peter Van Loan the conservative bulldog
in response to a point of order by Ms May about the lack of decorum
during such statements said that he found it “curious is her
suggestion that somehow it is inappropriate for members of the House
to stand up for the views of their constituents” (something she did
in fact not say) and “ I can think of nothing more representative
for a member of our party, certainly in my case when I talk to my
constituents, than to come to this place and let my views be known”
“especially when we are talking about members’ statements under
Standing Order 31, one which has been the greatest tradition in this
House of allowing members the utmost freedom to speak their mind.”So MPs should have the “utmost freedom to speak their mind.” unless the party whip decides otherwise!
This is not the first time the use of SO 31 and the party control over the list submitted to the speaker as to who shall have the opportunity to speak has come under scrutiny, back in 1993 the House Management Committee tabled a report recommending that the speaker "exercise greater discretion and independence" in choosing the daily SO31 playlist.
The report argued that instead of having the parties control the agenda by submitting lists of approved SO 31-ready members, each caucus would be permitted to designate just one MP to speak on its behalf, with the remaining slots allocated by the speaker. Sadly, the committee's findings were never concurred in, but instead left to languish in neverlandian limbo.
So if it is a team sport which sport
does it resemble, Rowing where everybody is expected to stroke at the
same stroke and direction as everybody else in the boat as directed
by the steersman, Football where players use their best judgement to
move the ball towards the goal and everybody gets a kick at the ball
or Hockey where tripping up an opponent is against the rules but
common practice and taking off the gloves and attempting to beat the
shit out of an opponent is considered 'part of the game'. At times it
resembles all of these, however it would seem that the referee not
only has much leeway as to how he interprets the rules but even when
the rules are broken has few options to discipline the players, a
caution rarely has any lasting effect and whilst a player can be
given a time out it rarely happens and he cannot be ejected from the
game not matter what rules he breaks.
Its long past time to change the game,
bring in new players and give the referee some power to enforce such
rules that currently exist.
31. A Member may be recognized, under
the provisions of Standing Order 30(5), to make a statement for not
more than one minute. The Speaker may order a Member to resume his or
her seat if, in the opinion of the Speaker, improper use is made of
this Standing Order
In the coded language of official
Ottawa, the lists of who can speak are known as SO31s. It’s a
reference to Standing
Order 31 of Parliament, which allows that 15
minutes be set aside before question period each day for MPs to stand
in the House and make brief remarks about a subject of their
choosing.
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