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TWO STEPS FORWARD, ONE STEP BACK? RECENT CHANGES TO THE PRIVATE MEMBERS’ BILLS PROCESS IN ALBERTA In 1993, the Legislative Assembly of Alberta adopted changes to its Standing Orders that transformed the way that Private Members’ Bills are considered. Formerly a means to put forward policy proposals to be debated for one hour and then dropped to the bottom of the Order Paper, now, after the reforms, Private Members who were fortunate enough to receive a favourable placement in the Bills draw stood a reasonable chance to see their Bill proceed through the various stages of the legislative process. Some Private Members might even see their Bill become law. Two and a half decades later, further amendments to the Standing Orders that purported to enhance debate and consultation on Private Members’ Bills have instead undermined the advances achieved earlier. This article explores how the Private Members’ Bills’ process has evolved in Alberta, with a particular focus on recent changes, their intended effects and their actual outcomes. Following the general election of 1993 in Alberta, in which the Opposition significantly increased in size, the Government and Opposition collaborated to increase the participation of Private Members in the parliamentary process. House Leaders on both sides of the Assembly engaged in discussions and soon reached an agreement to change the Standing Orders affecting, among other things, the Private Members’ Bills process. Prior to 1993, Private Members’ Bills were little more than policy proposals, which, if called for debate, received one hour of debate after which they were dropped to the bottom of the Order Paper, never to become law unless adopted as Government Bills, a rare occurrence. Now, through a suite of Standing Order amendments, Private Members’ Bills maintained their place on the Order Paper, and time limits for
“This article explores how the Private
Members’ Bills’ process has evolved in Alberta, with a particular focus on recent changes, their intended effects and their actual outcomes.
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debate at each stage of consideration were established for Private Members’ Bills. In addition to amendments, the House leadership also agreed that voting on Private Members’ Bills would occur without whips, freeing Members to vote on their conscience regardless of party affiliation. The results of these Standing Order amendments became clear over time. The number of Private Members’ Bills that were debated and proceeded through the legislative journey beyond Second Reading debate increased markedly. In the 22nd Legislature (19891993), the Legislature immediately preceding the reforms, only two Bills received Royal Assent, and one of those did so as a Government Bill. However, as Table 1 indicates, starting in the 23rd Legislature a trend emerged in which fewer Private Members’ Bills were introduced but considerably more of them received Royal Assent. In addition, while the majority of Private Members’ Bills that received Royal Assent were Bills sponsored by Private Members of the Government caucus, more such Bills sponsored by Opposition Private Members were passed, peaking in the 29th Legislature, when five of the eight Private Members’ Bills that received Royal Assent were sponsored by the Private Members from the Opposition. Despite this progress, the Private Members’ Bills process was still not without its challenges. Barriers remained. As noted in an article on the Private Members’ Bills process in Alberta, Dr David McNeil, former long-time Clerk of the Legislative Assembly of Alberta, argues that a lack of consultation continued to be an issue. Dr McNeil writes that “there is evidence that the speed of the process once debate commences on a Bill at Second Reading does not allow for significant consultation with interested parties, especially the government entities [that] would be responsible for implementing the legislation.”1 The result is that “a significant number of Bills [have been] delayed or hoisted despite a significant level of support among Members on both sides of the House.”2 Government Private Members’ Bills were subsequently vetted by caucus or Government Standing Committees. However, this was not a public process or one that involved all the caucuses of the Assembly. Moreover, this was no help for Bills sponsored by Opposition Private Members. In 2007 and 2008, further Standing Order amendments established Policy Committees, which, among other things, became venues
Hon. Nathan Cooper, MLA is the Speaker of the Legislative Assembly of Alberta. He was first elected in 2015, representing the constituency of Olds-Didsbury-Three Hills. In 2019, he was elected to serve as 14th Speaker of the Legislative Assembly of Alberta and he also serves as Chair of the Special Standing Committee on Members’ Services. Prior to election, he was Chief of Staff and Director of Legislative Affairs for the Wildrose caucus. Previous to this, he served two terms as councillor for the town of Carstairs. He is a strong supporter of the Rotary Club’s charitable and youth activities.
The Parliamentarian | 2022: Issue Two | 65th Commonwealth Parliamentary Conference | 27