Cornerstone to a new culture
This is the second in a four-part series.
"Opportunities don't always shout, sometimes they whisper" — Life's Little Instruction Calendar 2010
The Legislature, Mr. Editor, is the body that is supposed to make laws for the peace, order and good Government of Bermuda. You can look it up in the Bermuda Constitution Order: Section 34. It is an important role that the Legislature is meant to play and part of that role is to serve as a check on the power which the Executive wields in running the Government and the country through the Cabinet.
Well, theory is one thing, practice quite another. Over the years we have seen how the power of the Cabinet office has increased, while that of the Legislature has diminished because we have failed to keep pace with what is required.
My party gets it, I think. The realisation comes to you a lot quicker when you're Opposition. I thought for a time that the Progressive Labour Party Government had gotten it too. But one of my biggest disappointments this parliamentary year was the Government's failure to deliver on its November 2009 Throne Speech to convene a parliamentary conference under the auspices of the Commonwealth Parliamentary Association (CPA) with a view to modernising our Legislature to make it more effective, more efficient and more inclusive.
I was pleased though that two members from the two major parties were able to initiate and complete a review of the rules of the House of Assembly which are now in effect. They represent part of the long overdue change we need to see on the Hill. An entire hour is set aside for Question Period and questions can be asked without ten days prior notice. Committees can now decide whether and when their meetings can be open to press and public. It's a start, but nowhere where we need to be; not just so we can keep up with modern practices, although there is that, but so that we can develop more effective government for the people of Bermuda.
The first step is to aggressively assert the autonomy of the Legislature. One of the essential elements here is to develop financial independence from the Government of the day.
There should be a vote of funds each financial year, much like that for any other non-Ministry department, like the Auditor General or the Ombudsman, but — and here's the key — the actual management of the Legislature will fall to the Speaker and Senate President with a management committee of Government and Opposition members without any interference from the Executive, in substance and in fact. The Legislature would thus develop greater control of its finances and its resources (staff) and the organisation of its business.
The move would be the cornerstone to the emergence of an entirely new culture; in part because of the heightened separation of powers and in part because Government and Opposition will now have to work together to manage the Legislature.
The work of legislators also needs to change. It shouldn't just be about pitching up on a Friday, making a speech, or not, and voting the party line.
We need to develop more fully our committee system. There are about half a dozen standing committees of the House already, few outside the House could name them all.
There is one with which everyone in Bermuda should be familiar. Very familiar. The Public Accounts Committee (PAC), chaired by the Opposition spokesperson for finance, is charged with the review and oversight of Government spending, prompted in part by the periodic reports of the Auditor General. Working in tandem, they are supposed to follow the money.
If recent reports are any indication, and they are, this committee ought to be working flat out. It ought to be meeting regularly in the sunshine of public scrutiny too – open to press and public, and that ought to be a matter of standard practice and not subject to decision by the committee. That's' the way it is in other modern jurisdictions and that's the practice recommended by the CPA.
In fact, the CPA recommendation is that all committees should be opened up. Period. Full stop. There is no reason why the public shouldn't know what's being considered on the Hill whether it be a private bill before the Private Bills Committee or proposals to develop an electronic Hansard before the House and Grounds Committee. We're talking public funds and we're talking public business.
The press might not always be interested, but what we are talking about is the public's right to be informed. Broadcasting proceedings help. People can tune in and keep up. But this is the 21st century and we could and should be doing more to ensure that people know what's being discussed up and down the Hill.
The Legislature needs its own website where the interested can discover at the click of a button what's under review and up for discussion. Bills and motions should be posted the day they are introduced. There would then also be the opportunity comment either on the website or to the email addresses of members or both. Minutes would also be available and access to the recorded speeches of your representatives.
It would be a whole other world than the one in which we currently work — and a better one too, one that is more transparent and more accountable than the model under which we currently labour. We will have challenges, yes. We do not have unlimited financial resources. There are limited human resources too. We will only be able to support so many committees, comprised as they must be of backbench MPs from all sides of the House. We will have to be selective and what must be done can be done. Public Education and Crime were two obvious choices and already we have joint select committees on these.
The pity is that they haven't gotten off to very good starts: Education appears to have petered out after a promising launch with public hearings and Crime has just gotten off the ground after being first embraced by all parties on the Hill as a very good idea as far back as last Christmas. Rising health care costs, including insurance, would be my vote for a third investigatory parliamentary body. But to make committees work, we need a strong commitment from those in charge to change the way we do the country's business. To date, Mr. Editor, that commitment has been conspicuous by its absence.
On Friday: What else is needed to bring about better governance in Bermuda.
Got your own views? Write jbarritt@ibl.bm.