Thursday, May 6, 2010

Parliamentarians Must Have Final Say On Docs Release, Not Outsiders

There is mostly good news on resolving the dispute between the Executive & Legislative branches over the examination & disclosure of detainee documents, reaffirming Parliamentary Supremacy & Democracy, but everyone's efforts will have been for naught if legislators do not insist that whatever dispute resolution mechanisms are put in place, it must be Parliament, Parliamentarians, that have the final say, not judges or outside third parties. Parliamentarians must carry that burden, that is their jobs, and it may well make them more loath to release disputed documents than otherwise, since they would wear all the consequences, but they must not shirk their obligation.

One does not lead a campaign for Parliament and democracy to then submit Parliament to outside authority. If you want to use Milliken as an arbiter for any irresolvable disputes, after having heard advice on whether or not to release certain documents from pertinent sources (ex: ministry officials), fine, as he is a Parliamentarian. But might I suggest that the committee should roughly mimic the representation in the HoC, with a bare majority for the Opposition, perhaps 4-3 (2L, 1B, 1N) instead of 6-5? And that Milliken be one of the two Liberals, but only participates, and chairs meetings, when the committee is deadlocked 3-3, as a fresh pair of eyes, holding the deciding vote? And this situation would only arise very very infrequently, if members acted in good faith, and after having heard, as mentioned, from the advice of all relevant officials cognisant of these matters (not just from the government, but could also ask SIRC members for advice if needed, since they are used to calling bullshit). I fear I am almost certain that Parliamentarians will be more deferential to claims of national security than they should be, for fear of the horrendous consequences, real and political, should they get it wrong. But that's their job, as our representatives, to be as courageous or cowardly as they see fit, in our name.

Parliamentarians, do your duty.

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