Published by Senator Art Eggleton on 30 January 2009
Until recently, the media paid little attention to the Senate and its deliberations. And when the topic is covered by reporters and columnists, the Senate has been painted largely in a negative light; no one has focused on the important role of Senate and the dedication of the majority of senators.
Much of the Senate's value is as a legislative review body or, in those traditional words, "the chamber of sober second thought." In most cases, bills passed by the House of Commons do receive Senate approval. But sometimes, after hearing from experts and interested or affected parties, senators make amendments or recommendations to ensure that the bill satisfies the intent of the House.
A good example of how the Senate works, and why it is important, is the Accountability Act of 2006. It was rushed through the House, largely for political purposes, and was found to be flawed by the Senate in terms of meeting the intent of the legislation. Amendments were passed in the Senate and the bill was returned to the House. After some further discussions between Senate and House representatives, a final bill acceptable to the government and the majority of the House was approved by the Senate.
The importance of the Senate doesn't end there. Senate committees have been praised for their work on public policy development. These committees have more time than House committees to study issues in depth; members usually have more years to develop expertise in committee issues, and the Senate functions in a less partisan way.
A two-year study on mental health issues by former Senator Michael Kirby offers an important example of this function at work: It resulted in a bipartisan, award-winning report that offered many recommendations implemented by the government. The chances of a House committee developing such an in-depth study are rare indeed.
Finally, the Senate also brings stronger regional perspectives to bear. This is particularly important to protect the minority interests of smaller provinces, a key concern for the fathers of Confederation.
The Senate has value and should not be abolished. I think reform or renewal is a better route. The question is: What kind of reform or renewal?
The major issue is whether Canada should have an appointed or elected Senate. Those advocating for the latter say it's the democratic thing to do. I don't think our system of government as a whole lacks for democracy -- Canada is one of the most democratic countries in the world. And I don't think we need two elected chambers in the Parliament of Canada. One is enough.
An elected Senate would change the dynamic of our parliamentary system. Having two elected chambers will make us less like the traditional Westminster system and more like the American system. An elected Senate, like its counterpart in the U. S., would feel that it has as much right to represent the public as does the House of Commons.
Furthermore, many Senators are not politicians who seek election to public office. And yet, they provide dedicated service, valuable insight and expertise in helping the Senate carry out its sober second thought, policy development and minority protection mandates.
What I believe the Senate needs more than anything else is a change in how appointments are made. Until now, appointments have been the prerogative of one person -- the prime minister. This should change.
One alternative would be to have a special council, including former Senators, make recommendations to the prime minister or Parliament -- similar to the process of selecting judges. Another could involve including some provincial appointments. A 10-12-year nonrenewable term limit would also be appropriate in my opinion.
We should renew the Senate, and improve the way it functions. But let's not destroy or radically change the structure of an institution that has served Canada well for 142 years.
Art Eggleton is a Liberal Senator from Toronto. He is a member of the standing committee on national finance and is chair of the standing committee on social affairs, science and technology.