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Mythologies of intergovernmental
cooperation (and competition) in Canada
David Péloquin
Presentation to the
2nd Annual Horizontal Policy Management Conference
Ottawa, April 16-18, 2007
Contents
Cooperation and / or competition
Cooperation: from spontaneous to structured
Accountability: a double-edged sword?
Key messages
1
2
3
4
Cooperation and / or competition
1
 The myth of the “benevolent central government”:
 no distinction made between the broad public interest and that of
the central government
 central government viewed as principal – not as agent
 sub-national governments viewed as agents of central government
under its ultimate control
 Implications:
 supremacy of central government
 accountability of sub-national governments to central government
44
Who are the clients? (and who are their agents?)
 The myth of the “unworthy servants of the people”:
 governments (central and sub-national) viewed as largely
self-interested – not primarily motivated by the public interest
 governments as (untrustworthy) agents of “the people” requiring
close supervision through a system of “checks and balances”
 Implications:
 inter-governmental competition (both horizontal and vertical) as a
supplementary “check and balance”
 primary accountability of all governments to “the people”
55
Who are the clients? (and who are their agents?)
 The reality of multiple “publics” and their many “agents”:
 multiple stakeholders – electorates, media, academics (and
civil society generally) as well as governments – with overlapping
(and often shifting) identities and allegiances
 governments as composite entities with multiple centres of power
– most motivated by the “public interest” (but some maybe not)
 inevitable competition among governments, their various agencies
and organizations within civil society for support / legitimacy
among subsets of the population
66
Who are the clients? (and who are their agents?)
 Significant economic literature on the existence, advantages and
challenges of competition between and within governments:
 governments not benevolent dictators but complex organisms that
pursue an amalgam of private and public interests
 for the citizen – as for the consumer – a multitude of suppliers of
public services (and competitors for their allegiance) is potentially
beneficial as a source of “checks and balances”
 But: citizens also want order, clarity in roles/responsibilities and
intergovernmental harmony (as public goods in/of themselves)
Intergovernmental cooperation
within an (inherently) competitive dynamic
77
 There is no necessary contradiction between:
 an underlying competitive dynamic between governments
 the much-observed phenomenon of governments cooperating
(usually in the public interest)
 However, this happy outcome of a (different kind of) “invisible
hand” depends crucially on:
 a high degree of (overlapping) policy autonomy on the part of more
than one level of government (not a “joint decision trap” !)
 an engaged electorate (supported by media and “public academics”)
willing and eager to hold them accountable
No necessary contradiction between
cooperation and competition
88
Provincial-local
Federal
0 50 100 150 200 250 300 350CAD millions
99
Income support /Income support /
social servicessocial services
SupportSupport
to industryto industry
EnvironmentEnvironment
Education
and researchHealthHealth
Transport /
communication
Areas of overlapping federal and provincial expenditures Policing /Policing /
protectionprotection
DebtDebt
serviceservice
Defence /Defence /
foreignforeign
Transfers to otherTransfers to other
governmentsgovernments
DebtDebt
serviceservice
OtherOther
Significant overlap in Canada:
in both expenditures …
Significant overlap in Canada:
Significant overlap in Canada:
… and in access to revenues
Significant overlap in Canada:
Provincial-local
Federal
0 50 100 150 200 250 300 350CAD millions
Property taxesProperty taxes
FederalFederal
transferstransfers
OtherOther
InvestmentInvestment
incomeincome
User feesUser fees
Payroll taxes
CorporateCorporate
taxestaxes
Sales and
consumption
taxes
PersonalPersonal
income taxincome tax
1010
Jointly occupied tax fields
CooperationCooperation and / orand / or competitioncompetition11
Cooperation: from spontaneous to structured
2
 “Natural sorting” of roles and responsibilities, reflecting:
 “first mover” / “follow the leader”
 public aversion to “wasteful” overlap and duplication
 Regular exchanges of information and informal-to-formal meetings
of first ministers, ministers and officials (hundreds annually)
 Semi-codified “rules of the game”
(e.g. the 1999 “Social Union Framework Agreement” or SUFA)
 Hundreds of actual agreements on specific policy issues
 A few examples of highly formalized joint decision-making
(e.g. the Canada Pension Plan)
The many faces of cooperation
1212
Intergovernmental cooperation in Canada ranges from:
Main forms of cooperationMain forms of cooperation
Nature of policyNature of policy
jurisdictionjurisdiction
Example(s)
Informal information sharing,Informal information sharing,
consultations and coordinationconsultations and coordination
Parallel jurisdictionParallel jurisdiction
(with “spillovers”)(with “spillovers”)
Employment insurance /
social assistance;
many regulatory matters
Informal information sharing,Informal information sharing,
consultations and coordinationconsultations and coordination
““Coordinate”Coordinate”
jurisdictionjurisdiction
Criminal law / administration
of justice
Joint decision-making (CPP) andJoint decision-making (CPP) and
informal coordination (QPP)informal coordination (QPP)
ConcurrentConcurrent
jurisdictionjurisdiction
Public contributory pension
plans (i.e. CPP/QPP)
1313
The form of cooperation varies by policy area…
Constitutionally “fixed” jurisdictions
Main forms of cooperationMain forms of cooperation
Nature of policyNature of policy
jurisdictionjurisdiction
Example(s)
Harmonized tax collection agreementsHarmonized tax collection agreements
(TCAs);(TCAs);
“first mover” / “follow the leader”“first mover” / “follow the leader”
Taxing powerTaxing power
Management of jointly
occupied tax fields
Specific-purpose transfersSpecific-purpose transfers
(with few conditions);(with few conditions);
non-binding commitments;non-binding commitments;
“first mover” / “follow the leader”“first mover” / “follow the leader”
Spending powerSpending power
Most major programs
(e.g. health, education);
income support through tax
expenditures; support to
industry and to the arts
1414
The form of cooperation varies by policy area…
Constitutionally “fluid” jurisdictions
… in accordance with comparative advantage
Government-funded
policy “pillars”
(usually highly subsidized)
IncomeIncome
supportsupport
e.g.: pensions,e.g.: pensions,
socialsocial
assistanceassistance
NoNo clearclear
comparativecomparative
advantageadvantage
IncomeIncome
supportsupport
e.g.: pensions,e.g.: pensions,
socialsocial
assistanceassistance
NoNo clearclear
comparativecomparative
advantageadvantage
Services &Services &
“in-kind”“in-kind”
benefitsbenefits
e.g.: education,e.g.: education,
health care,health care,
social servicessocial services
ClearClear provincialprovincial
advantageadvantage
Services &Services &
“in-kind”“in-kind”
benefitsbenefits
e.g.: education,e.g.: education,
health care,health care,
social servicessocial services
ClearClear provincialprovincial
advantageadvantage
“Assisted self-help”
policy pillars
(unsubsidized or partly subsidized)
Tax-Tax-
assistedassisted
savingssavings
e.g.: privatee.g.: private
retirementretirement
savings planssavings plans
StrongStrong
federalfederal
advantageadvantage
Tax-Tax-
assistedassisted
savingssavings
e.g.: privatee.g.: private
retirementretirement
savings planssavings plans
StrongStrong
federalfederal
advantageadvantage
Contributions-Contributions-
fundedfunded
insuranceinsurance
e.g.: CPP,e.g.: CPP,
employmentemployment
insuranceinsurance
MostlyMostly
federalfederal
advantageadvantage
Contributions-Contributions-
fundedfunded
insuranceinsurance
e.g.: CPP,e.g.: CPP,
employmentemployment
insuranceinsurance
MostlyMostly
federalfederal
advantageadvantage
Direct orDirect or
assistedassisted
lendinglending
e.g.:e.g.:
studentstudent
loansloans
ModestModest
federalfederal
advantageadvantage
Direct orDirect or
assistedassisted
lendinglending
e.g.:e.g.:
studentstudent
loansloans
ModestModest
federalfederal
advantageadvantage
1515
… and (in some cases) according to certain rules
Example: Social Union Framework Agreement (SUFA)
 In 1999, federal government and nine provinces committed to:
 “social union principles”: equality, accessibility, citizen participation,
partnerships with stakeholders, sustainable funding
 removing barriers to inter-provincial labour mobility
 transparency and public accountability to citizens (not to each other)
through measuring and reporting on social program results
 “working in partnership” (including joint planning and collaboration,
reciprocal notice and consultation)
 guidelines on use of federal spending power (when new federal transfers
created or new direct federal spending in areas affecting provinces)
 dispute avoidance and resolution
1616
Accountability: a double-edged sword?
3
22 Cooperation: from spontaneous to structuredCooperation: from spontaneous to structured
CooperationCooperation and / orand / or competitioncompetition11
1818
Does anyone here like being held accountable?
 Probably not (in most cases) …
… though most of us instinctively grasp its broad benefits:
 maximizing public benefits of government actions (and minimizing
private “capture” of public funds or the benefits they generate)
 responsiveness to evolving needs/demands of citizens
 pressure to constantly improve programs/policies through
experimentation and emulation of “best practices”
 ability to identify/redress errors sooner, rather than later
1919
Need to be aware of
what makes for effective accountability
 “Critical political mass”:
 engaged electorates, journalists, “public” academics and a vigorous
civil society
 engrained habits of public inquiry and discourse
 Transparency:
 public access to information that is relevant, timely and comparable
across jurisdictions
 open fora to enable stakeholders to defend their interests
 (relative) policy simplicity
 Free entry by alternative providers of public services
Need to be aware of
when accountability can be dysfunctional
Need to be aware of
2020
 “Self-appointed guardians of virtue”:
 de facto accountability to more powerful government (usually the
central government), rather than to local citizenry
 especially problematic when “senior” government doesn’t
understand the policy area
 Absence of “critical political mass”:
 inadequate local “checks and balances”
 Unrealistic or unattainable targets:
 may foster widespread sense of ongoing policy failure
Key messages
4
Accountability: a double-edged sword?Accountability: a double-edged sword?33
22 Cooperation: from spontaneous to structuredCooperation: from spontaneous to structured
CooperationCooperation and / orand / or competitioncompetition11
2222
Key messages
 Cooperation across orders of government is not inconsistent with
the reality of intergovernmental competition …
… and can even be a sign of a healthy competitive dynamic between
(in Canada) highly autonomous public policy entrepreneurs
 Cooperation does not imply “joint decision-making” and can take
many forms
 Governments should focus on what they do best (“comparative
advantage”) – though this can/does evolve over time
 Need realistic accountability based on clear roles/responsibilities,
transparent policy-making and timely, relevant information

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Mythologies of intergovernmental cooperation (and competition) in Canada

  • 1. Mythologies of intergovernmental cooperation (and competition) in Canada David Péloquin Presentation to the 2nd Annual Horizontal Policy Management Conference Ottawa, April 16-18, 2007
  • 2. Contents Cooperation and / or competition Cooperation: from spontaneous to structured Accountability: a double-edged sword? Key messages 1 2 3 4
  • 3. Cooperation and / or competition 1
  • 4.  The myth of the “benevolent central government”:  no distinction made between the broad public interest and that of the central government  central government viewed as principal – not as agent  sub-national governments viewed as agents of central government under its ultimate control  Implications:  supremacy of central government  accountability of sub-national governments to central government 44 Who are the clients? (and who are their agents?)
  • 5.  The myth of the “unworthy servants of the people”:  governments (central and sub-national) viewed as largely self-interested – not primarily motivated by the public interest  governments as (untrustworthy) agents of “the people” requiring close supervision through a system of “checks and balances”  Implications:  inter-governmental competition (both horizontal and vertical) as a supplementary “check and balance”  primary accountability of all governments to “the people” 55 Who are the clients? (and who are their agents?)
  • 6.  The reality of multiple “publics” and their many “agents”:  multiple stakeholders – electorates, media, academics (and civil society generally) as well as governments – with overlapping (and often shifting) identities and allegiances  governments as composite entities with multiple centres of power – most motivated by the “public interest” (but some maybe not)  inevitable competition among governments, their various agencies and organizations within civil society for support / legitimacy among subsets of the population 66 Who are the clients? (and who are their agents?)
  • 7.  Significant economic literature on the existence, advantages and challenges of competition between and within governments:  governments not benevolent dictators but complex organisms that pursue an amalgam of private and public interests  for the citizen – as for the consumer – a multitude of suppliers of public services (and competitors for their allegiance) is potentially beneficial as a source of “checks and balances”  But: citizens also want order, clarity in roles/responsibilities and intergovernmental harmony (as public goods in/of themselves) Intergovernmental cooperation within an (inherently) competitive dynamic 77
  • 8.  There is no necessary contradiction between:  an underlying competitive dynamic between governments  the much-observed phenomenon of governments cooperating (usually in the public interest)  However, this happy outcome of a (different kind of) “invisible hand” depends crucially on:  a high degree of (overlapping) policy autonomy on the part of more than one level of government (not a “joint decision trap” !)  an engaged electorate (supported by media and “public academics”) willing and eager to hold them accountable No necessary contradiction between cooperation and competition 88
  • 9. Provincial-local Federal 0 50 100 150 200 250 300 350CAD millions 99 Income support /Income support / social servicessocial services SupportSupport to industryto industry EnvironmentEnvironment Education and researchHealthHealth Transport / communication Areas of overlapping federal and provincial expenditures Policing /Policing / protectionprotection DebtDebt serviceservice Defence /Defence / foreignforeign Transfers to otherTransfers to other governmentsgovernments DebtDebt serviceservice OtherOther Significant overlap in Canada: in both expenditures … Significant overlap in Canada:
  • 10. Significant overlap in Canada: … and in access to revenues Significant overlap in Canada: Provincial-local Federal 0 50 100 150 200 250 300 350CAD millions Property taxesProperty taxes FederalFederal transferstransfers OtherOther InvestmentInvestment incomeincome User feesUser fees Payroll taxes CorporateCorporate taxestaxes Sales and consumption taxes PersonalPersonal income taxincome tax 1010 Jointly occupied tax fields
  • 11. CooperationCooperation and / orand / or competitioncompetition11 Cooperation: from spontaneous to structured 2
  • 12.  “Natural sorting” of roles and responsibilities, reflecting:  “first mover” / “follow the leader”  public aversion to “wasteful” overlap and duplication  Regular exchanges of information and informal-to-formal meetings of first ministers, ministers and officials (hundreds annually)  Semi-codified “rules of the game” (e.g. the 1999 “Social Union Framework Agreement” or SUFA)  Hundreds of actual agreements on specific policy issues  A few examples of highly formalized joint decision-making (e.g. the Canada Pension Plan) The many faces of cooperation 1212 Intergovernmental cooperation in Canada ranges from:
  • 13. Main forms of cooperationMain forms of cooperation Nature of policyNature of policy jurisdictionjurisdiction Example(s) Informal information sharing,Informal information sharing, consultations and coordinationconsultations and coordination Parallel jurisdictionParallel jurisdiction (with “spillovers”)(with “spillovers”) Employment insurance / social assistance; many regulatory matters Informal information sharing,Informal information sharing, consultations and coordinationconsultations and coordination ““Coordinate”Coordinate” jurisdictionjurisdiction Criminal law / administration of justice Joint decision-making (CPP) andJoint decision-making (CPP) and informal coordination (QPP)informal coordination (QPP) ConcurrentConcurrent jurisdictionjurisdiction Public contributory pension plans (i.e. CPP/QPP) 1313 The form of cooperation varies by policy area… Constitutionally “fixed” jurisdictions
  • 14. Main forms of cooperationMain forms of cooperation Nature of policyNature of policy jurisdictionjurisdiction Example(s) Harmonized tax collection agreementsHarmonized tax collection agreements (TCAs);(TCAs); “first mover” / “follow the leader”“first mover” / “follow the leader” Taxing powerTaxing power Management of jointly occupied tax fields Specific-purpose transfersSpecific-purpose transfers (with few conditions);(with few conditions); non-binding commitments;non-binding commitments; “first mover” / “follow the leader”“first mover” / “follow the leader” Spending powerSpending power Most major programs (e.g. health, education); income support through tax expenditures; support to industry and to the arts 1414 The form of cooperation varies by policy area… Constitutionally “fluid” jurisdictions
  • 15. … in accordance with comparative advantage Government-funded policy “pillars” (usually highly subsidized) IncomeIncome supportsupport e.g.: pensions,e.g.: pensions, socialsocial assistanceassistance NoNo clearclear comparativecomparative advantageadvantage IncomeIncome supportsupport e.g.: pensions,e.g.: pensions, socialsocial assistanceassistance NoNo clearclear comparativecomparative advantageadvantage Services &Services & “in-kind”“in-kind” benefitsbenefits e.g.: education,e.g.: education, health care,health care, social servicessocial services ClearClear provincialprovincial advantageadvantage Services &Services & “in-kind”“in-kind” benefitsbenefits e.g.: education,e.g.: education, health care,health care, social servicessocial services ClearClear provincialprovincial advantageadvantage “Assisted self-help” policy pillars (unsubsidized or partly subsidized) Tax-Tax- assistedassisted savingssavings e.g.: privatee.g.: private retirementretirement savings planssavings plans StrongStrong federalfederal advantageadvantage Tax-Tax- assistedassisted savingssavings e.g.: privatee.g.: private retirementretirement savings planssavings plans StrongStrong federalfederal advantageadvantage Contributions-Contributions- fundedfunded insuranceinsurance e.g.: CPP,e.g.: CPP, employmentemployment insuranceinsurance MostlyMostly federalfederal advantageadvantage Contributions-Contributions- fundedfunded insuranceinsurance e.g.: CPP,e.g.: CPP, employmentemployment insuranceinsurance MostlyMostly federalfederal advantageadvantage Direct orDirect or assistedassisted lendinglending e.g.:e.g.: studentstudent loansloans ModestModest federalfederal advantageadvantage Direct orDirect or assistedassisted lendinglending e.g.:e.g.: studentstudent loansloans ModestModest federalfederal advantageadvantage 1515
  • 16. … and (in some cases) according to certain rules Example: Social Union Framework Agreement (SUFA)  In 1999, federal government and nine provinces committed to:  “social union principles”: equality, accessibility, citizen participation, partnerships with stakeholders, sustainable funding  removing barriers to inter-provincial labour mobility  transparency and public accountability to citizens (not to each other) through measuring and reporting on social program results  “working in partnership” (including joint planning and collaboration, reciprocal notice and consultation)  guidelines on use of federal spending power (when new federal transfers created or new direct federal spending in areas affecting provinces)  dispute avoidance and resolution 1616
  • 17. Accountability: a double-edged sword? 3 22 Cooperation: from spontaneous to structuredCooperation: from spontaneous to structured CooperationCooperation and / orand / or competitioncompetition11
  • 18. 1818 Does anyone here like being held accountable?  Probably not (in most cases) … … though most of us instinctively grasp its broad benefits:  maximizing public benefits of government actions (and minimizing private “capture” of public funds or the benefits they generate)  responsiveness to evolving needs/demands of citizens  pressure to constantly improve programs/policies through experimentation and emulation of “best practices”  ability to identify/redress errors sooner, rather than later
  • 19. 1919 Need to be aware of what makes for effective accountability  “Critical political mass”:  engaged electorates, journalists, “public” academics and a vigorous civil society  engrained habits of public inquiry and discourse  Transparency:  public access to information that is relevant, timely and comparable across jurisdictions  open fora to enable stakeholders to defend their interests  (relative) policy simplicity  Free entry by alternative providers of public services
  • 20. Need to be aware of when accountability can be dysfunctional Need to be aware of 2020  “Self-appointed guardians of virtue”:  de facto accountability to more powerful government (usually the central government), rather than to local citizenry  especially problematic when “senior” government doesn’t understand the policy area  Absence of “critical political mass”:  inadequate local “checks and balances”  Unrealistic or unattainable targets:  may foster widespread sense of ongoing policy failure
  • 21. Key messages 4 Accountability: a double-edged sword?Accountability: a double-edged sword?33 22 Cooperation: from spontaneous to structuredCooperation: from spontaneous to structured CooperationCooperation and / orand / or competitioncompetition11
  • 22. 2222 Key messages  Cooperation across orders of government is not inconsistent with the reality of intergovernmental competition … … and can even be a sign of a healthy competitive dynamic between (in Canada) highly autonomous public policy entrepreneurs  Cooperation does not imply “joint decision-making” and can take many forms  Governments should focus on what they do best (“comparative advantage”) – though this can/does evolve over time  Need realistic accountability based on clear roles/responsibilities, transparent policy-making and timely, relevant information

Notas del editor

  1. (Usual) disclaimer: The opinions expressed in this presentation are those of the presenterand do not necessarily represent the views of the Government of Canada of any of its departments or agencies.
  2. In thinking about policy coordination in an intergovernmental context, it is important to step back from time to time for a bit of perspective. In Canada – to an even greater degree than in other federal countries – both the federal and provincial orders of government are typically involved in most policy areas and policy-making is often (and perhaps inherently) competitive. This presentation will: argue that intergovernmental cooperation needs to be seen as a product of that competitive dynamic, rather than as its negation; identify how the need for cooperation varies across policy areas and the variety of different forms that cooperation can take; explore implications for horizontal policy coordination of the emphasis now being placed on clarification of roles and responsibilities and on performance-based accountability.
  3. Recount story of course instructor who asked his students (all of them public servants) who they saw as their “client”: some said their manager others said their branch or their department others still said their Minister or the government as a whole a few said “the people of Canada” There is no “right” answer to this question, though there is perhaps a “politically correct” one. This story nevertheless illustrates the reality that governments are complex institutions that appeal to individuals’ sense of duty and identity in a variety of different ways and at a variety of different levels. [Next slide]
  4. Let me sketch out a few stylized “myths” regarding “who serves whom” in the sphere of public policy – not “myths” in the sense of “things that are not true”, but in the sense of the stories we (often implicitly) tell ourselves when we engage in discussions of public policy. [Animation]The first “myth” is that of the benevolent central government. Under this story: there is no distinction to be made between the broad public interest and that of the central government (which is viewed as a principal, not as an agent); sub-national governments are at most agents of the central government, under its ultimate control. [Animation]Obviously, this view of “who’s in charge” implies a clear supremacy on the part of the central government – and accountability of sub-nationals governments to the centre. [Next slide]
  5. [Animation]The second “myth” I want to sketch out is that of the unworthy servants of “the people”. Under this (very different) story: it is “the people” who are the repository of all that is good and virtuous; and it is governments in general (both central and sub-national) who – while acting as agents of “the people” – nevertheless need to be kept in check (because those in power will otherwise have an inherent tendency to serve their own interests first). [Animation]In this case: intergovernmental collaboration (including “forced collaboration” through central government control) is seen as little more than intergovernmental collusion against the public interest; there may be significant role for intergovernmental competition in supplementing the usual “checks and balances” (independent media and judiciary, regular elections, etc.); primary accountability is to “the people”. [Next slide]
  6. In reality, of course, things are a bit more complicated than this: there is more than one “public” and they have many more potential “agents” (some of them self-appointed, some not). There are the different electorates themselves (with all of their multiple cleavages), the media, academics and a potentially large number of organizations in civil society at large. Governments themselves are far from monolithic entities and invariably have multiple centres of power (e.g. different agencies) – some of which may not necessarily be pursuing the public interest. There is also an inevitable competition for power and influence – i.e. for the consent and support of various key subsets of the population – notably the both within (and between) governments and their agencies, and between government agencies and various components of civil society. [Next slide]
  7. Intergovernmental competition may be inherent in any pluralistic society with multiple levels of government (i.e. virtually all of them), but that doesn’t mean governments cooperate with each other – far from. [Animation] There is a fair bit of theoretical literature in this area (much of it written by Canadians, it is worth noting). Governments inevitably look over each others’ shoulders to at least some extent –a potentially beneficial source of additional checks and balances (and in some cases the only effective source of them that is available). [Animation] But: the public has limited patience for high-profile intergovernmental squabbling Even so, one should note also a certain ambivalence toward visible intergovernmental cooperation: while not a dominant view most of the time, public suspicion is never far from the surface that intergovernmental agreements are often a form of collusion against the public interest – and in the private interests of governments. [Next slide]
  8. Give examples of “natural sorting”: tax field occupancy support to business and support for the arts (no real “duplication” but much-welcomed multiple sources of funding – welcomed even by Québec arts community, sovereignists almost to the last one…)