Debating the Future of the Senate of Canada

At noon to-day, the Centre for the Study of Democracy (Queen’s University) will hold a debate on Senate reform.

The principal question: ‘What, if anything, is wrong with the Senate of Canada, whether it should be reformed and, if so, by what means.’

The debaters are Senator Hugh Segal (Conservative party); Senator James S. Cowan (Liberal party); David Christopherson, MP (NDP); and Richard Nadeau, MP (Bloc Québécois); with Jane Tabor, political reporter for The Globe and Mail, as moderator.

The Centre posted a Facebook page with Senate links, discussion opportunities, and CPAC broadcast information, plus an invitation to the public-at-large to submit questions for panellists.

As visitors to my Advocacy for Appointed Upper Chambers page will attest, I am an opponent to the recently proposed reforms, whether with respect to eight-year term limits or to public consultations at the provincial level.

And, given the previously declared positions on Senate reform stated by the debaters (or most of them, anyway)—either in favour of election or simple abolition of the Red Chamber—I’m not optimistic that the current status of the Senate will receive much of a defence. May I be proved wrong.

Nevertheless, I have submitted my own queries to the CSD debate format, centring on the crux of ‘reform’:

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The primary object of reform is to transform the appointed Senate into an elective body. As such, have reformers addressed and answered any of these three separate, but inter-connected, questions:

1. Reform is best directed at known abuses or failings: Of what failing of achieving good governance—with supporting evidence of malfeasance—does the Senate of Canada stand accused?
   
   
2. If abuses can be identified, does an elected Senate correct them, without introducing unfavourable consequences of its own (mindful, of course, of the possibility of unforeseen consequences)?
   
   
3. The presence of two elected chambers in Parliament will inevitably clash for dominance, given that each will enjoy a mandate of ‘democratic’ legitimacy and the near co-equal status conferred on both the Senate and the House of Commons by the British North America Act, 1867 (save for the origination of ‘money bills’); what realistic proposals have been advanced to ensure harmony between the chambers, given present constitutional parameters—or to amend constitutional powers and jurisdiction to that end?

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Fellow students of Edmund Burke will see his influence at work in my focus on a ‘metaphysics of reform’. Sir Robert Peel expressed this sentiment in his Tamworth Manifesto, which was a commitment to ‘a careful review of institutions, civil and ecclesiastical, undertaken in a friendly temper combining, with the firm maintenance of established rights, the correction of proved abuses and the redress of real grievances’.

Or, as Burke himself wrote: ‘A spirit of reformation is never more consistent with itself, than when it refuses to be rendered the means of destruction.’

In this spirit, I challenge those proponents of Senate reform, in good faith, to assure Canadians that their review is undertaken in a friendly temper, is respectful of the chamber’s established rights, and will not be rendered the means of destruction.

Introducing the ‘Salisbury Initiative for Parliamentary Traditions’

Respect for parliamentary traditions is at the core of an organic Tory philosophy. A reverence for the past embodies what it means to be a ‘Tory’, while providing the evolutionary foundation—the ‘tradition’—for organic development.

In light of recent events in British politics, where ‘non-partisan’ conservative political practices are threatened with renewed calls for change, a new project—in keeping with the ideals and aspirations of the Disraeli-Macdonald Institute—has been formed to promote and defend the conventions of the United Kingdom Parliament: the Salisbury Initiative for Parliamentary Traditions.

In the lead-up to the 2010 General Election, the Conservative party sought to re-establish its rapport with the British people—as a political party for the twenty-first century—by emphasising its progressive programme for Britain’s future. Focussing on ‘progressive means for conservative ends’, Conservatives are intent on addressing the ‘broken society’ and ‘broken politics’.

While there are many laudable improvements that can be realised through progressive measures, the Salisbury Initiative was established to act as a safeguard for the conservative principles that must form the core of the Conservative party.

The necessity of buttressing conservative beliefs has risen in importance, in consideration of the coalition government that has been formed between the Conservatives and the Liberal Democrats to create what some analysts have called a ‘progressive alliance’. With no wish to undermine the strong, stable government this coalition brings forth, there is equally a desire to remain true to the tenets of Conservatism.

While there are many figures in the history of the Conservative party who embody these cherished principles, the figure of the 3rd Marquess of Salisbury was especially poignant: Lord Salisbury is renowned for his scepticism of the true long-term benefits of institutional ‘innovation’—serving, at times, as a reactionary caricature—and of his faith in history as a reliable counsellor when undertaking salutary political reform.

The Salisbury Initiative is an ally of the Conservative party and seeks neither to undermine its period in office nor its continuing success. ‘The complaints of a friend are things very different from the invectives of an enemy,’ wrote Edmund Burke. ‘It is our duty rather to palliate his errors and defects, or to cast them into the shade, and industriously to bring forward any good qualities that he may happen to possess.’ But, as Burke, explained:

When his safety is effectually provided for, it then becomes the office of a friend to urge his faults and vices with all the energy of enlightened affection, to paint them in their most vivid colours, and to bring the moral patient to a better habit. Thus I think with regards to individuals; thus I think with regard to antient and respected governments and order of men.

This is the intent of the Salisbury Initiative: ‘A spirit of reformation is never more consistent with itself, than when it refuses to be rendered the means of destruction.’

The objectives of the Initiative are simple:

1. Support for constitutional monarchy;
   
   
2. Support for the British constitution and Parliament—namely, the House of Lords and the House of Commons—and a defence of their arrangements, practices, and the political values they uphold; and
   
   
3. Support for traditional conservative political principles: while necessary reform is a salubrious undertaking, and a fair appraisal of progress underpins evolutionary development, a foundation of enduring principles is at the core of Conservatism.

Plans are to highlight articles and news items relating to constitutional and parliamentary reform—which will be archived on the Initiative’s ‘News’ page—on this blog. Readers are encouraged to forward links which touch on SI’s mandate, and to follow SI on Facebook and Twitter.

Many thanks, tell your friends, and please visit the Salisbury Initiative often!

Election Day in the United Kingdom

To-day’s the sixth of May, so it must be election day in the United Kingdom!

Platform 10, an internet site devoted to the idea of liberal conservatism—where ‘progressive ends are best achieved by conservative means’, fulfilled by ‘a modern, liberal Conservative government’—very kindly posted, over the course of the campaign, my thoughts on comparing a liberal conservative programme with Organic Toryism.

Published over a number of weeks, I’ve gathered the essays together for easy selection:

• a general overview of liberal conservatism from the perspective of Organic Toryism;
  
  
• a tribute to Benjamin Disraeli on Primrose Day, tracing the modern echoes of Disraeli’s One Nation Toryism;
  
  
• a critique of Conservative policy with respect to House of Lords reform (published on The Organic Tory);
  
  
• an argument against hung parliaments and coalition governments; and
  
  
• a rallying cry to disaffected Conservatives to support the party on election day.

It promises to be an exciting day of voting, as the Conservative, Labour, and Liberal Democrat parties vie at the polls for public support to form a Government—with the winning leader moving into No. 10 Downing Street as Prime Minister.

For the first time in decades, though, no one party has a clear lead, and the outcome is very far from assured. It will be a long night as the media, party members, and the country-at-large await results from the ballot-box.

Who will finally kiss hands with the Queen, and become Her Majesty’s next First Minister?

An Appreciation for the House of Lords

Imagine my surprise when I received an email notice from David Cameron, announcing my invitation to join the government of Britain. How wonderful! As a firm supporter of the Commonwealth and as a Canadian who shares Sir John A. Macdonald’s belief in our golden ties to Great Britain, this was an incredible offer.

However, in place of an opportunity to swear oaths of fealty to the Queen, was a copy of the Conservative party’s 2010 political manifesto. I quickly found the chapter on ‘Changing Politics’, with its overview of restoring faith to the political process and of renewing the bonds of participatory democracy between citizens and the representatives chosen to serve them.

I agreed with much of what I read in the section on governing structures—or was willing to grant the desirability of reform in areas that could be made to work even better—save for this section on the Upper House:

We will work to build a consensus for a mainly-elected second chamber to replace the current House of Lords, recognising that an efficient and effective second chamber should play an important role in our democracy and requires both legitimacy and public confidence.

The Parliament of Canada itself faces pressure to reform the Senate, from an appointed chamber whose members serve until retirement age to an elected body of limited, eight-year terms. In both countries, though, I fear that this democratic impulse is short-sighted and motivated less by a desire for good government than by the mistaken belief that the electoral mandate is the only valid means to legitimate political ends.

Fortunately, in the United Kingdom the Campaign for an Effective Second Chamber performs yeoman service in pointing out the strengths of the current arrangement and the weaknesses of various proposals for reform. Unfortunately, the Senate of Canada has not enjoyed an equally concerted defence of its merits (although I have collected articles and reports and posted a file on Advocacy for Appointed Upper Chambers).

In the British context, the Campaign website highlights excellent arguments by Lord Norton of Louth and Lord Howe of Aberavon (among others) that emphasis the virtues of the appointed model. Such appreciations include these fundamental observations:

• Whereas the present House of Lords serves a complementary role to the confidence role that is the purview of the elected House of Commons, two such elected bodies will inevitably create gridlock as both chambers exercise their democratic mandate;
  
  
• A hybrid House of Lords between appointed and elected members only illustrates the reformers’ muddled-headedness: they backhandedly concede the benefits of experience and expertise that appointment makes available, but add confusion—and internal jealousy—by introducing an elected element which will only lead to a two-tiered category of peer; and
  
  
• Appointed peers enjoy legitimacy indirectly via the executive offices which oversee the process—which are themselves accountable to the people—much as in the selection of judges and other government officials, who exercise authority yet not through courtesy of the ballot box. If the ballot is the sine qua non of legitimacy, then the very foundation of the British monarchy is threatened, too.

And, until questions of dodgy expenses and charges of influence peddling tarnished the reputations of both Houses of Parliament, the Lords received more favourable reviews than its Commons partner, as a non-partisan body whose revising function added value to the shambolic legislative programme of two Labour prime ministers who aspired to presidential status. ‘Public confidence’ clearly resided with the Upper Chamber, and it is sheer effrontery for the Lower Chamber to cast aspersions elsewhere.

One may assume that a modernising, progressive liberal Conservative’s position is clearly with the reformers, but not necessarily so: first, it bears repeating that it is not the case that democratic legitimacy is found only through the popular vote; and second, even from the classical liberal position, a strong case can be made that ‘more democracy’ only leads to ‘more Government’—which, in many respects, is anathema both to liberalism and to the Conservative party’s larger aims to decentralise power to the people.

In both instances, the current House of Lords proves an admiral bulwark of the citizen’s rights, remaining both ‘efficient and effective’. It is also to be remembered that while Conservatives may be liberal or progressive or traditional, they all share the basic convictions for conservatism. Edmund Burke undertook a similar exercise in writing An Appeal from the New to the Old Whigs that, regardless of changing circumstances, core principles of political institutions and practices still held true: ‘Our fabric is so constituted; one part of it bears so much on the other, the parts are so made for one another, and for nothing else, that to introduce any foreign matter into it, is to destroy it.’

The fabric of Westminster has evolved so that two Houses—one elected, one appointed; the first serving as the primary voice of the United Kingdom, the second as counsellor to the first—form a vibrant, organic Parliament. Any elected element in the House of Lords would be to introduce a foreign matter, destroying both it and the whole.

Burke also wrote that ‘To innovate is not to reform’; little imagination is required, therefore, to see that innovation should not be equated simultaneously with progress.

No, for whatever its minor faults which can be readily amended, the House of Lords is still fit for purpose.

Primrose Day, Progress, and Enduring Toryism

To-day is Primrose Day, a date singled out by British Conservatives in the late-nineteen-century to honour the achievements of Benjamin Disraeli and to inspire the party by his example. It is named for the flower that figured prominently in one of his novels, which later became his floral emblem.

19th April is, incidentally, the day Disraeli died in 1881: His monarch sent a wreath of primroses—‘His favourite flowers, from Osborne, a tribute of affection from Queen Victoria’ read the legend—to adorn his grave site. A controversial figure in his own time, he has become for many the exemplar of the Conservative party, with one stroke embodying a blend of progressive and preserving principles, from a Young England romantic to a sagacious elder statesman. His timeliness with the currents of modern Toryism is nowhere more evident than in a reform speech he gave in Edinburgh in 1867:

In a progressive country change is constant; and the great question is, not whether you should resist change which is inevitable, but whether that change should be carried out in deference to the manners, the customs, the laws, and the traditions of a people, or whether it should be carried out in deference to abstract principles, and arbitrary and general doctrines.

Progress, yes, but progress that is made the servant of the people and their sensibilities. If one is left in any doubt, Disraeli was uncompromising in his conservative credentials in his treatment of political history, Vindication of the English Constitution:

This respect for Precedent, this clinging to Prescription, this reverence for Antiquity, which are so often ridiculed by conceited and superficial minds, and move the especial contempt of the gentlemen who admire abstract principles, appear to me to have their origin in a profound knowledge of human nature, and in a fine observation of public affairs, and satisfactorily to account for the permanent character of our liberties.

The Conservative Manifesto adheres to many of Disraeli’s goals: decentralisation, and trust in the responsibility of communities and civil society, echo his Ministry’s Victorian faith in permissive legislation, favouring individual and local initiatives which were in ‘the character of a free people’—not enforced through compulsion by Whitehall diktat. The defence of the Union was always at the heart of Disraeli’s patriotism; in 1872, he proclaimed in Manchester that ‘the programme of the Conservative party is to maintain the Constitution of the country’, while in 2010 his party reaffirms that ‘We are a unionist party and we will not put the Union at risk.’ Meanwhile, policies to heal a broken society share the aspiration he called at a Crystal Palace gathering ‘the elevation of the condition of the people’:

...is it at all wonderful that they should wish to elevate and improve their condition, and is it unreasonable that they should ask the Legislature to assist them in that behest as far as it is consistent with the general welfare of the realm?

In that 1872 speech, Disraeli set out a social programme to bridge what he called in the novel Sybil the divide between ‘the Rich and the Poor’—his answer was One Nation Toryism and a series of bills addressing housing and health, finance and trade, and education. In these points and more, the Manifesto may with justification be said to mirror the One Nation vision.

Now, immersed in the fray of a general election campaign, candidates and their supporters would do well to remember his biting witticism about Gladstone, paraphrased for contemporary benefit: ‘If David Cameron fails to become prime minister, it would be a misfortune; but, if Gordon Brown were to remain at No 10, it would be a calamity.’

‘You must act as if everything depended on your individual efforts,’ were Disraeli’s parting words to the Conservative activists assembled at the Crystal Palace. ‘The secret of success is constancy of purpose.’ Happy Primrose Day!

[A version of this essay was published by Platform 10.]