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Collective Decision-Making - Role of Central Agencies

Patrick FafardUniversity of Ottawa

Public Administration Reform Program – Russian Federation

Law-Making Visit, July-August 2007

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Outline

• Introduction– Responsible Government

• Prime Minister and PMO• Central Agencies

– Privy Council Office– Other Central Agencies

• Cabinet Government – support for decision-making

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Outline

• Introduction – Responsible Government

• Prime Minister and PMO• Central Agencies

– Privy Council Office– Other Central Agencies

• Cabinet Government – support for decision-making

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Provinces and territoriesand % share of 2005

population of 32.3 million

British British ColumbiaColumbia

13.2%13.2%AlbertaAlberta10.1%10.1%

Ontario 38.9%

North-West North-West TerritoriesTerritories

0.1%0.1%

YukonYukon0.1%0.1%

NunavutNunavut0.1%0.1%

SaskatchewanSaskatchewan3.1%3.1% New BrunswickNew Brunswick

2.3%2.3%

Nova ScotiaNova Scotia2.9%2.9%

Prince EdwardPrince EdwardIslandIsland0.4%0.4%

QuébecQuébec23.5%

ManitobaManitoba3.6%3.6%

NewfoundlandNewfoundland& Labrador& Labrador

1.6%1.6%

The Canadian FederationThe Canadian Federation

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Canada: Government • Federation:

– central government– 10 provinces and 3 territories

• Representative democracy

• Parliamentary government

• Constitutional monarchy:– Ceremonial Head of State - Governor-General– Active Head of Government - Prime Minister with

Cabinet

PARLIAMENT

Crown

House of Commons Senate

Cabinet

Authority

Responsibility

Advice & Support

Public Service

Courts

Supply

Direction

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Responsible Government• Crown makes decision on advice from Cabinet

(formally)

• Cabinet the real decision making body (in practice)

• Cabinet collectively responsible to House of Commons

• Ministers individually responsible to House of Commons– Government remains only as long as it enjoys

confidence of House

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The Government of Canada• Budget (2007):

– Revenues $240 billion or approximately• 5.7 trillion RUB

– Expenditures $229 billion or approx. • 5.5 trillion RUB

• Employees– 387,000 (including military)

• Cabinet Ministers: 27

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Outline

• Introduction – Responsible Government

• Prime Minister and PMO• Central Agencies

– Privy Council Office– Other Central Agencies

• Cabinet Government – support for decision-making

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Prime Minister• Provides direction to Ministers; maintains

unity in Cabinet • Makes responsible government possible• Makes collective responsibility real• Unique powers

– appointment and mandate of Ministers– appointment of senior officials– management of Cabinet– determination of policy/finance

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Support for Prime Minister• Prime Minister’s Office

– personal, political staff

• Privy Council Office– public service support on policy questions and

operational issues

• “The Prime Minister’s Office is partisan, politically oriented, yet operationally sensitive. The Privy Council Office is non-partisan, operationally oriented, yet politically sensitive.”

Gordon Robertson, former Clerk of the Privy Council

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Prime Minister’s Office• Supports Prime Minister’s:

– political strategy and tactics

– priorities

– political dimensions of policy initiatives, problems, etc.

– agenda and travel

– communications

– national political liaison

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Outline

• Introduction – Responsible Government

• Prime Minister and PMO• Central Agencies

– Privy Council Office– Other Central Agencies

• Cabinet Government – support for decision-making

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Central Agencies – overviewHow can we make well informed decisions?

PCO – Economic and Social Secretariats

What does the Prime Minister need?

PCO

Is it consistent with our priorities? PCO – Policy and Priorities

Is it legal; constitutional? Justice

How can the government effectively manage its resources?

Treasury Board Secretariat

Can we afford it? What is our financial situation?

Finance

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Privy Council Office• Headed by Clerk of the Privy Council and

Secretary to the Cabinet - usually career public servant with experience as Deputy Minister

• Many roles:– As Deputy to Prime Minister - provides to PM

public service advice and staff support – As Secretary to Cabinet - supports all ministers

collectively and individually– As Head of Public Service – oversees and

reports on state of Public Service

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PCO: Prime Minister’s Department • Supports PM as Head of Government

– priority setting– policy development and coordination – ministerial mandates and government

organization– national security– senior appointments– issues in Federation (with Minister of

Intergovernmental Affairs)– PM’s involvement in international affairs

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PCO: Cabinet Secretariat• Keeps track of departmental initiatives• Ensures proper consultation, coordination and

adherence to procedures and deadlines• Cabinet and Cabinet Committee meetings:

– agendas – briefings to Chairs– minutes– committee decisions – diffusion of information on outcomes and ensuring

follow-up

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Other Central Agencies: Finance• To support decision-making: analysis and advice on

the economic, fiscal, and tax implications of key government priorities:– To the Minister of Finance

– To the Prime Minister

– For Cabinet

Also:• Prepare the budget• Tax and tariff policy and legislation• Manage federal borrowing • Transfers to provinces and territories• Regulation of the financial sector

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Other Central Agencies: Justice

• To support decision-making: Support the Minister / Cabinet on all legal matters including the constitutionality of government activities:– Division of powers– Charter of Rights and Freedoms

Also:• Policy department – oversee all matters

relating to the administration of justice that fall within the federal domain

• Provide legal advisory, litigation and legislative services to government departments/ agencies

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Other Central Agencies: Treasury Board Secretariat

• To support decision-making:• Advise on the management and administration of

government (including expenditure decisions)• Advise on Cabinet submissions and regulatory

policyAlso:• Oversee expenditure and financial

management• Manage compensation, pensions, benefits,

terms and conditions of employment, and labour relations

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Outline

• Introduction – Responsible Government

• Prime Minister and PMO• Central Agencies

– Privy Council Office– Other Central Agencies

• Cabinet Government – support for decision-making

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Cabinet Government• Cabinet deliberates in secret

– to foster full and frank discussion and – to preserve Cabinet solidarity once decision

reached

• Cabinet Ministers are required to publicly support decisions once they are reached

Cabinet Committee Structure

Operations (13)

Treasury Board (8)

Social Affairs (12)

Environment and Energy

Security (10)

Priorities and Planning (13)

International Affairs and

National Security (11)

Cabinet (27)

Chaired byPrime Minister

EconomicAffairs (12)

January 2007

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Memorandum to Cabinet (MC) - Minister’s Proposal

• MC is the basis of Cabinet discussion of policy issues

• MC is brought forward by one or more Ministers: – constitutes proposal for action– is tool of government decision-making– common basis for all members of cabinet to

consider issue and agree on solution– leads to record of decision (RD)

How Issues Move through Cabinet

PCO/PMO/FINANCE/TBS

CabinetCommittee CABINET

Government MPs

Minister

Department

LegislationRegulation Program

ImplementationAnnouncement

ACTIONOther Ministers

and Departments

ACTION

Treasury Board

OperationsCommittee

Government MPs

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Cabinet and Legislation (1)

• Cabinet decisions may be implemented in a number of ways:– Regulations pursuant to existing legislation;– Spending / expenditure of public funds;– Announcement by the Prime Minister or

member of Cabinet; and …– … new legislation

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Cabinet and Legislation (2)

• If a Cabinet decision requires new legislation to implement it:– Minister is asked to return to Cabinet/

Cabinet committee with draft legislation

– Legislation drafted by Department of Justice lawyers working closely with line department

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For further information

Responsibilities of the Privy Council Office 1999http://www.pco-bcp.gc.ca/default.asp?

Page=Publications&Language=E&doc=respons/cover_e.htm

The Role and Structure of the Privy Council Office 2007http://www.pco-bcp.gc.ca/docs/Publications/Role/role2007_e.pdf

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Appendix – Additional Slides

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Privy Council Office

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Division of Powers (examples)Canada Provinces SharedPeace, Order and Good Government”

Trade and CommerceTaxation and Raising MoneyDefenceUnemployment InsuranceCriminal Law“Indians”International Affairs

Residual Power

“Local Works and Undertakings”

EducationSocial ServicesHealth CareCivil law

Municipal Institutions

Property and Civil Rights

Natural resources (oil and natural gas, mining, forestry, electrical energy)

Agriculture

Immigration

Environment

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Central Agencies (formal and informal)

• Privy Council Office– Supports Cabinet and Cabinet Committees– Advice and support to the Prime Minister

• Treasury Board Secretariat– Supports Treasury Board (Cabinet Committee)– Oversees efficient use of resources

• Department of Finance– Sets Fiscal Framework / Drafts Budget / Defines available

resources– Manages Consolidated Revenue Fund

• Department of Justice– Legal advice to PM, Cabinet, and Departments

• Public Service Commission• Public Service Human Resource Management Agency

(Canada Public Service Agency)

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Government - Ministers• Responsible for:

– advancing Government’s policy, especially in Parliament

– communicating Government’s program to the public

– providing direction to public service

• Have legal, statutory responsibility for government actions

• Have responsibility for other bodies in their portfolio (as defined by statute)