Senator Shugart: Unlike you, senator, I have never been in politics, although I’ve been around it. I have learned that in politics it’s very unwise to answer a hypothetical. I do think that after we have explored the possibilities for amending this practice, if that proved fruitless, I personally, without imagining at this point what they might be, would be open to this chamber taking more draconian measures in order to get the attention of the executive branch. What those might be and when those might be, I’m not sure. But I think we should do our homework. We should make a good-faith best effort to address this situation, and then after that we will see.

Hon. Ian Shugart: Honourable senators, I just want to put a few points fairly briefly on the record. The first point is that I completely agree with my friend, our colleague Senator Tannas. I agree wholeheartedly with the points that he has made about omnibus legislation, and I’m afraid I also agree with his prediction about the fate of the amendment.

I said yesterday that I’m having a little bit of a challenge in moving from the executive to the legislative branch. Today I find it a great deal easier. This is a practice that has been carried out by governments of both parties, and there is a great danger that, because it is a bipartisan practice, it becomes acceptable and a way of doing business. But I would argue that bad behaviour does not constitute convention, and this is bad behaviour.

I will say on the amendment that I think, while it is creative and while I agree with the points that you made, Senator Deacon, in your comments, or most of them — it’s not an area that I’m sufficiently familiar with — but in principle, I agree that we have to come to deal with this issue of privacy and the regimes under which political parties are governed.

My own view in relation to the roles of the two chambers is that to pass this amendment now, at this stage in the process and in relation to the larger picture, would be disproportionate. On that basis, I personally would respectfully vote against the amendment.

Let me turn my attention to what we should do in the alternative, because I think we should not stop there. I think we should address this issue of omnibus legislation. Notwithstanding the rulings of the Speaker in the other place, I don’t believe it does go far enough in addressing what is at issue here. I think that ruling is tantamount to saying that this is beyond question because it was written in the budget document. The issue is: Should it ever have been put in the budget document? My response to that in this particular case is, “No.”

My view is that budgets relate to the fiscal and, more broadly, the economic position of the government. Yes, they do constitute the policy position of the government, but to the extent that they are the vehicle for transporting other legislative priorities, the government should be exercising far more caution and principle than it has been. Again, this is a practice of both governments of long standing. It is not a partisan comment in any way.

I would argue this is not just poor governance, restricting, as it does, the ability of parliamentarians to be proper legislators; it verges on being a question of privilege. It’s on that basis that I think we have a right and a responsibility to pick this issue up and carry it forward. I would venture to guess that it is a question of privilege for our colleagues in the other place as well.

I’m going to suggest that we take up this issue. I don’t know exactly by what means. I think some statistical work about what has happened in the recent past would be useful. I think we should have conversations with our colleagues in the other place. I think we should give due warning to the government that we are taking this issue very seriously and this is not just an annual cri de cœur of anxiety about bad practice, but that we want to address it and we want to change it permanently. I think we should do that sooner rather than later. Thank you, senators.

Hon. Clément Gignac: Will my colleague accept another question? Thank you, Senator Shugart. We are fortunate to have you here because you provide guidelines. I referred to you in my speech yesterday.

If I read between the lines — and I’ve been in politics in Quebec for a few years — if this amendment had been presented, let’s say, in April or May — not five minutes before midnight like this week, but a month or two months ago — is it possible that you would have been more comfortable voting for it? I tried to read between the lines, and five minutes before midnight is not the best timing, I would say, but at the same time, we have to send a message.

Would your position be different if this had happened a month or two before adjourning for the summer?

Hon. Ratna Omidvar: Senator Shugart, thank you for your comments yesterday and today on senatorial restraint and wisdom. This is an important matter. I can already predict — although we do not want to deal in hypotheticals — that next year at the same time we will be having the same conversation, more or less.

Senator Tannas has said, outside of this amendment, he will launch an inquiry. Do you believe that our excellent Senate Committee on National Finance should undertake a study on omnibus bills and all that is good, bad and ugly around them to facilitate a better position for us by the time next June comes around?