Are private members' bills a useful tool in today's legislatures?

AuthorForbes, David
PositionEssay

Private Members' Bills are ones presented by members who are not part of cabinet. They may be opposition members or private members on the government side. This article argues that private members' bills are useful mechanisms to serve citizens regardless of whether the bill passes or not. They can serve as a catalyst for generating the discussion and motivation required to achieve the policy end.

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My own interest with private member's bills started in the winter of 2007 while I was serving as the Minister of Labour for the Calvert government in Saskatchewan. The Opposition had announced in early January that it was going to introduce a private member's bill regarding Reservists Leave in the upcoming spring sitting. Following a quick discussion, the government announced in a press release that it would "work with the Official Opposition Saskatchewan Party to bring about the necessary changes." I was quoted saying, "This is an instance where the government and the opposition can --and should--work together." Although the private member's bill was tabled, we ultimately brought forward the necessary changes in a government-sponsored bill.

Many political observers and politicians believe that private member's bills can be an effective way for private members to serve their constituents. Brazier and Fox write:

It enables individual parliamentarians to develop their role as initiators of policy, as campaigners, and as legislators, it provides a useful check on the executive and it offers a valuable channel to ensure Parliament can address emerging topical issues, thereby demonstrating its responsiveness to evolving matters of public concern." (1) In the last three years, as a member of the Opposition, I have sponsored three private members' bills (Protection of Service Animals, The R Word, and currently, Bill 601, Jimmy's Law) with varying degrees of success. I am now, more than ever, convinced that private members" bills are an effective tool for MLAs to meet the needs of our constituents and our citizens through their Legislature.

Many have suggested that there are four key elements that lead to the success of a private member's bill; 1) the substance of the bill, 2) the engagement of the stakeholders and interested public, 3) media engagement and now social media and 4) openness of the government to entertain private member's bills.

Getting Things Done

I want to reflect on my four experiences with private members' bills as each one illustrates important elements of our role as elected representatives (whether in government or in opposition) when we serve our constituents, whether they are individuals or stakeholders with a special interest.

The Reservists Leave Bill, initially launched by the Opposition of the day, really illustrates the flexibility of a private member's bill to respond quickly to an emerging need or a gap in government policy. We were at war in Afghanistan and local reservists felt that they needed job protection should they be required to take a leave to serve in the Canadian Forces. They actively lobbied both sides of the House to get the necessary amendments to the Saskatchewan Labour Standards Act, a statute for which I was responsible as Minister of Labour.

The Opposition seized the opportunity to champion this issue, causing the government to explain itself, really an indefensible position. As Minister of Labour, at the request of the premier of the day, I offered to work together with the Opposition by first consulting with the stakeholders and then drafting the appropriate legislation. While we did not include all aspects of the private member's bill in the government sponsored legislation (they wanted to include a scholarship program, which they later passed when they became government), we were able to achieve the Opposition's cooperation and support for a number of...

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