As they
often do, a Twitter exchange has really got me thinking. Here's how it
all started....
Jeff
Thompson, a gentleman well worth following @thomjeff , was kind enough to read
a recent blog post of mine on economic management, and to offer up some words
of praise. After doing so, he asked a question -- why hadn't these ideas
been raised, or heard from, during the Graham era? Did this mean the cabinet
was ineffective?
I offered
up, in explanation, the observation that Donald Savoie once made that cabinets
have evolved into being focus groups for the Premier's Office.
The
observation is a general one, by the way, and true of the cabinet structure
almost everywhere. Ministers receive proposals that have already developed
in the department, in consultation with the Premier's staff. Ministers
can offer thoughts, critiques and even attempt to stop these things, but the
ability of, say, the Minister of Agriculture to steer a new idea for, say,
health care reform through is very limited. She may debate the ideas that come,
but there isn't a way for a new idea to come up unless it is adopted by the
Department. And since those departmental proposals don't usually come to
cabinet until the department has worked on them for months, and the Premier is
at least generally disposed to allow cabinet to pass it, an entirely new idea
may be unwelcome at that late stage. This, structurally, may explain why you
might see former ministers of health and/or education offering ideas today on
economic development and natural resources that are new.
After the
keen-eyed Jacques Poitras retweeted my thoughts, my friend Chris Baker, who has
sat in those rooms, offered an observation and a question. First, he
pointed out that I likely sat in the same room as BNB Minister Jack Keir and yet had expressed differing levels of satisfaction with the cabinet process. He
then asked, fairly, what is wrong with focus groups?
On the
first point, I would simply say that two decent, thoughtful people can always
sit in the same room when a decision is made and have differing levels of
satisfaction.
No two
sentient people, let alone folks as ornery as me and Jack --could deal with
all those cabinet issues and agree on everything. I would allow that I'd
agree with Jack and other Liberals more than I would with the Alward
team....and if I had to trust someone enough to disagree with them but have
faith they might be right, there's no one I'd trust more than Jack Keir.
But that's
not the big issue.....
Since I
have allowed my name to stand among those who might aspire to sit at the head
of that table, I figured it is fair to ask me just what I think is wrong with
the cabinet structure.
I do
believe that our governments have become too weighted in favour of the first
minister and the unelected advisors that surround them. Savoie's use of
the "focus group" phrase is pretty fair. In the cabinet system, the
Premier's Office and Executive Council determine which proposals are ready to
go cabinet, and that means that issues that haven't yet won their support
rarely get debated, and things on the agenda have largely already been vetted
by the advisors and recommended to the Premier.
In general,
if you have an idea on how to do things better, unless it is in your department,
you would have a quicker route to get your idea heard if you were an advisor in
the Premier's Office than to be a cabinet minister.
(Let me say
something VERY important here, and if anything here is quoted out of this
context, then the quoter is trying to mislead you.This is true of how the
cabinet structure works in Canada today, and that's what Savoie was saying.
This does not emanate from any particular event I witnessed while serving
in cabinet in 2006-10, and it is not a veiled attack on anyone. Our
cabinet functioned like the others, and with men and women of good faith and
high ability playing their roles in it -- the roles the system assigned to
them).
The problem
with the focus group model is that, in the end, it is all about influence on one
person. And that structure too often shields the premier from hearing
real debate and diminishes the role elected people are meant to have. To
justify that statement, let me explain how cabinet works.
Cabinet
works on consensus, in theory. Now, anyone who thinks about it for thirty
seconds would know that this is a legal fiction....twenty politicians in a room
won't agree on everything for four years with no debates or differences.
Consensus simply means that once the decision is made, those who got to
have the debate at the highest level agree that they all support the decision
publicly. This is done so real debate can happen in trust that people can be
completely honest in the discussion, and so there is a cohesive executive
running the government afterwards.
So, where
does "consensus" come from?
You don't
vote, by the way. And no premier could possibly wait until every minister
agrees before moving ahead -- a room with 20 vetoes can't work. Once you
accept that, you accept that there will be moments where a premier has to say
"OK, we are moving forward, and this is our decision.". And, as you
know, once a premier does that, then ministers must either support the decision
or resign from cabinet (and in today's political reality, that often means leaving
the caucus and party as well). So, that's a big moment, and every premier
can do it differently.
A premier
may try to involve many ministers in drafting the proposal, or try to broker a
compromise at the table. He may ask debating ministers to work out a
proposal, or simply round off controversial parts of a proposal. He may
also tell the whole cabinet that he is the premier, and this is how it will be.
On different issues, the same premier may even take different approaches,
willing to compromise on some things but insistent upon others.
Joey
Smallwood was on one extreme. He tended to assemble his cabinet, read the
proposals and declare them passed. In "No Holds Barred", his
former minister John Crosbie tells of a new minister who joined the cabinet and
was so excited he offered an opinion on every proposal. Afterwards,
Premier Smallwood asked him if he liked cabinet, and when the new minister
expressed his love of the new job, Joey replied "Oh, you were talking so
much I thought you weren't enjoying it.". The message got through.
That is an
extreme example. But the thing with focus groups is that you only have to
listen if you want to. A premier can, in theory, tell a cabinet before an
issue is debated that it will pass no matter what. He may bring limit debate
and say he's heard enough. If she is tired of hearing complaining, she can even
skip hearing the debate all together and leave instructions with a deputy
premier to chair the meeting and declare the matter passed. Again, IN THEORY, that
is how absolute a premier's power is.
There were
checks and balances on this in a parliamentary system, but these have been lost
over time.
The usual
check and balance on this is that if a premier ignores caucus opinion, caucus
may vote to replace the leader (in Britain, this is still the case -- Margaret
Thatcher was deposed and her replacement elected by her caucus). But in the
leadership convention era, caucus must accept the leader. The selection
is more democratic, but once selected, the leader's power is more absolute.
As well, in
small legislatures, often over half of caucus is in cabinet and bound to
silence after a matter passes. That means that if a matter passes cabinet
without full debate, caucus is likely neutered as well.
So the only
check and balance on a premier's power is the ability of a minister to quit.
However, this is obviously an extreme solution. After all, most of
us don't go to work believing we either agree with everything our boss does, or
we quit. Most of us live in between. That's especially true in politics
-- after all, if you walk away from your job over one issue, you walk away from
all issues. If you quit over the sale of NB Power, for example, you also quit
on poverty reduction. You quit, and that school you wanted to get built
and that constituent whose mom needed help getting into a nursing home and that
new policy you were working really hard on...it all goes. And most issues
allow you some reasons not to quit; there are often decisions you don't love
but were made better because you were at the debate, or things that are bad but
not as important as that project you've been working on for months. And
besides that, even if you disagree with your party today, would you disagree
with another party more often? Governing isn't a buffet.
Most people
in politics care about the work they are doing, and would find it hard to walk
away unless they've tried everything. For me, there are issues where I
would have to vote against my party -- but only at the very last minute, when
forced to vote on the passage of the measure, and only after trying behind the
scenes to kill the idea without a vote. To leave to protest a matter that
may never get voted on would be like a captain bailing out of a ship
because it might hit an iceberg an hour away. So the premier's power to
declare a matter settled has real power.
In the
short term, the focus group model serves the premier well. But in the
long term, a party is not well served. Because the premier is so powerful
in determining if issues live or die, a culture sets in where people may not
speak truth to power, and a premier can pursue an unpopular idea and be unaware
of it. As well, since most premiers spend more time with advisors than with
caucus, the unelected wing of the party grows more powerful than those who must
get an earful at community breakfasts. In a democracy, absolute power
will get you killed eventually.
So, OK,
smart guy....what would you suggest to break away from the focus group model,
short of some pie-in-the-sky constitutional amendment?
Here's what
I would advise a premier to do.
Create a
functional standing cabinet committee structure. Have some issue-oriented
committees chaired by ministers, not the Premier. Give them the power to
review issues and develop new proposals, and let their chairs have day-to-day
authority to direct research from deputy ministers. Involving more ministers in
making policy, instead of just reacting to proposals, will broaden debate.
Give
legislative committees a real role in studying issues and proposing solutions.
And create more legislative time for the study (not just choreographed
debate) of private members' bills.
Get on
social media for regular question periods with the public. And, no,
having your staff tweet for you doesn't count.
Ask the
party to amend the party constitution to allow caucus a role in determining
leadership reviews to restore their power to get your attention.
One last
point....don't read too much into this. This is about a structure that exists
in all governments. I will never tell you who, on what issue, was pushing the
issue forward or begging the team to stop. I will allow that even if you
knew, I make no claim it would make me look better....I made some big mistakes
in argument in that room and benefitted from the debate and loving
butt-kickings some colleagues gave me. I will even say (because I can say
this), on the French Immersion file you can credit the whole team for the
courage to finally tackle the streaming issue, but blame me and me alone for a
process that rushed the solution without bringing the public in on the problem
and humbly asking for help. Please read this essay as a structural
critique, not some over-hyped tell-all.
In the end,
though, it isn't all about structure. Premiers have to be able to make up their
own mind and have their own values without being scripted by back room
advisors, and confident enough to welcome debate and criticism. You want
to know that when you raise objections with a premier, you're actually debating
them and not some advisor you'll never see. That's why I've been telling
audiences of Liberals that the leader we elect today must be the best person to
be premier tomorrow, not just the right one to get elected. It's also why
any of us who run should be tested on ideas and values. There is no one
biography that makes one ready for the power of the Premier's Office...there
are only individuals who the public has a duty to scrutinize closely.