Evidence of meeting #2 for Agriculture and Agri-Food in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendments.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mr. Jean Michel Roy

3:55 p.m.

Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Chair, an independent can come to any meeting. I don't think I would be comfortable with our having done a study over a length of time and then having someone pop up at the end of a study, when they might not have been here throughout the rest of the study, to make amendments to the report.

We're talking about legislation here, where this motion would apply. I'm comfortable with its applying to legislation, but not to reports. They can come and listen to any meetings we have, to any testimony, listen to the witnesses, and they can have input through committee members, which is really the normal way that it's done. Any of our colleagues from any other committees can come and interact the same way.

I think the problem for legislation is that if we don't pass this, then independents won't have an opportunity to propose amendments during the clause-by-clause phase except in the House, and they won't really get a chance to talk to it, whereas when they come to committee, they then do have an opportunity to sell their point, which is kind of nice.

I'm in favour, Mr. Chair, of just leaving it for legislative purposes, which would be clause-by-clause review of bills.

3:55 p.m.

Conservative

The Chair Conservative Bev Shipley

Are there any other comments?

Mr. Allen.

3:55 p.m.

NDP

Malcolm Allen NDP Welland, ON

I understand the government's approach to this. It's not the only committee that this has cropped up at, so it's not as if it's something that's specific to here. In fact, I would argue that it's non-specific to here because it actually hasn't happened to us at report stage. Really what we're talking about is the independents' ability to make amendments at report stage, at third reading, in the House of Commons. Consequently, we have long votes because a certain member, or members, are entitled to do that as independents—and there are now more independents than there were before.

The idea that they could come here and make an amendment, on the surface, might seem to be fair, except they don't get to vote on it. When they make their amendment in the House, they get to vote on it. We would, on one hand, say to them, here, bring your amendment and you can speak to it, and on the other hand take away their right to actually vote on their own amendment because we would vote as committee members, because they're not committee members under the Standing Orders and cannot be because they're not deemed to be a party; they're deemed to be independents. They would no longer have the right to vote.

I guess more troubling, and I'll read the O'Brien and Bosc piece, is that clearly we are changing inside standing committees the rules of the House, of how the House itself sees how things should be done. Let me quote O'Brien and Bosc:

It is the House, and the House alone, that appoints the members and associate members of its committees, as well as the Members who will represent it on joint committees. The Speaker has ruled that this is a fundamental right of the House. The committees themselves have no powers at all in this regard.

This is on page 1019 of O'Brien and Bosc.

Furthermore:

The Standing Orders specifically exclude a non-member from voting, moving motions or being counted for purposes of a quorum.

That's on page 1018 of O'Brien and Bosc.

Basically, we're asking the House to make a procedural change through individual committees, rather than simply saying to the House, at the end of the day, “Why doesn't the House itself say this is how you should do it?”

I don't like voting all night long either—to be truthful, I don't think it serves some purposes sometimes, and I think it simply gums up the works—but it is the independents' right under the rules to make amendments at third stage, because they cannot... They can come and sit, and I used to do it. For those who were in the last Parliament, when Alex was here and I showed up, I was allowed to sit at the end of the table and look at the proceedings, and sometimes in this committee, at least, which was very gracious, actually, there were many times when Alex would allow me to have a few minutes, and I would get unanimous consent without having to do the paper swap back and forth. The committee worked quite well that way.

The problem is we can't do that with an independent. The chair has no right to allow the independent, if they were to show up, if they actually wanted to be involved in, say, a piece of legislation that we were dealing with that had a witness, to actually ask questions of a witness. The only right they would have would be to make an amendment, and one that they actually couldn't vote on, as I said earlier. I find it peculiar, to be honest, that you can move a motion, say a few words about it, and then have to sit and watch whether people like it or not, and not have an ability to vote on your own amendment, versus, as I said earlier, the House actually giving them that right to make the amendment and then they can stand in their place and vote for the amendment they've made.

I'm always worried when we do things at a moment in time that may affect other moments in time later on. It wasn't that long ago when we weren't necessarily seen as a registered party. It wasn't that long ago when your predecessors, the Progressive Conservatives, weren't a party either. So albeit there may be a sense that, well, things don't seem to work well and don't flow well at the moment through third stage, at report stage, at third reading in the House, because a lot of things seem to come, I actually think the Speaker has done an admirable job in putting together a series of amendments and bringing them together as groupings, rather than a whole series where we literally might have hundreds. He's been able to group them into large groupings and then have a vote as a block, which is obviously his right to do, and correctly so, albeit some of the independents may not like it. They've certainly been able to have their ability to get a say and to put them forward and then vote.

I'd be disappointed if we were to go ahead and push this through. I know my friends on the other side would like to do this, but I would prefer that they go back and think about it first. I recognize that if they bring it back to us again, so be it. If they definitely want it, they're going to do it, and they might even do it in camera next time, because we're not in camera now. Ultimately, I just don't think this is a good path to follow. As I said, it probably really isn't going to affect us. The likelihood of our having legislation in front of us between now and the next election seems remote, unless the government has something it hasn't told us yet. We're probably going to get on to some studies of some description and get back into the norm we've been in before, which is doing studies. We've just come through a good part of a year where, basically, we were studying the value chain.

I would ask my friends across the way.... For us it doesn't matter, in a sense; it won't have an impact on us if we don't do this. And I think it lets the folks over there—the Speaker specifically—make a decision about whether this is how we want to change things for independents. Who knows when one might be one? If I had suggested to you that the number of independents—including ours, by the way, as we've had folks leave us, so it's not one-sided here—would grow from the 2011 election date to now, I would have thought that, at better than even odds, it wouldn't have been the case. But it has been the case.

I think we're now dealing with a group of independents to whom we might be denying a right—and ourselves, because who knows one day if one might choose to be an independent, or think independently in a way that one no longer can sit on a committee? I just find it a little troubling that we want to make the rules of the committee, albeit we have a right. I know my friend across the way, the parliamentary secretary, will talk to me about committees being the master of their own domain, if you will. But this infringes on the rights of those who can't come and defend them. Here we are talking about making decisions about them—independents, that is—and yet they're not here, so they can't actually come in and defend themselves and say, “I don't like this because of X.” They actually need someone else to do it for them. That's troubling in itself. We'll make a decision for other members of Parliament, whether they like it or not, and yet not invite them to come and defend themselves at the same time—I mean at least one of them. If you let them all come in, they might have different ideas, and maybe we should let them all come in, I don't know.

It seems we're deciding we'll have them do things in a certain way without any input from them. It loses the balance, to me, Mr. Chair.

Let me end with that. I'm sure my colleague across the way will help me understand why this is a needed piece inside our Standing Orders.

4:05 p.m.

Conservative

The Chair Conservative Bev Shipley

I have a speakers' list, so Mr. Lemieux is first.

4:05 p.m.

Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Chair, I guess I'll just comment on a few points.

With respect to the regulations that you read, I don't think we're contravening the standard operating procedures of the House because I think we all understand that the members are not members of the committee, they're not able to vote, and they will not be counted. So I think this respects what you read out from the operating procedures for the House.

The other thing is, when it comes down to the right to vote, I guess I'd remind everybody that all of our colleagues don't have a right to vote in committee on clause-by-clause. The committee members or their substitutes have a right to vote on the clause-by-clause portions of a bill and on any amendments. But people who are not members of the committee or are replacing a member of the committee don't have that right either. They have a chance to vote in the House, as would be afforded independents. I think if Malcolm feels really strongly that an independent should have a vote on an amendment put forward, I would encourage Malcolm to step back from the table, let the independent take his spot formally as a member of the committee, and then he or she can vote. Then, Malcolm, you'd be a hero for doing so in the eyes of the independent you would allow to do so.

I guess the last point I'll bring up is that none of us has the opportunity to table amendments to bills in the House. We do it at committee. That's the reason we have committees, so that there can be discussion about the amendments, and then the amendments can be voted on at committee, so that the House is not having to deal with amendments from everybody once the legislation makes it back into the House. All we're really saying is that the independents should be part of this process.

I like what Mr. Eyking said. It's opening the door to them to be part of the process of which we are part, in terms of proposing amendments to legislation during the clause-by-clause portion.

4:10 p.m.

Conservative

The Chair Conservative Bev Shipley

Mr. Harris.

4:10 p.m.

Conservative

Dick Harris Conservative Cariboo—Prince George, BC

This is just a small point. I may have missed it, but if we said that having an independent come to present amendments and to vote were to happen, that person could only replace someone sitting at the table now, because you're not going to change the numbers: the numbers are allotted. The government has six members and the opposition has five. It's inconceivable to think that the government would allow six over there because of amendments.

If you're talking about giving an independent the right to vote, with one of you willing to give up your right to vote, that's a whole different story. But sneaking someone else in to even the numbers simply won't work.

4:10 p.m.

Conservative

The Chair Conservative Bev Shipley

Mr. Eyking.

4:10 p.m.

Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Sometimes these things just pop up, and you wonder where they come from or how they have come up. You often wonder whether we should, as a parliament, be looking at what other parliaments are doing around the world in dealing with their independents and how they make the whole process inclusive enough. Sometimes we're doing this stuff on the fly, without any rhyme or reason.

I look at this as a bit of an opening of the door for the independents. I'd like to give it a shot, because you see what happens in the House: an amendment comes up in the House, people are all whipped to vote the way they are supposed to vote, and there's really no big discussion. There it is in front of you.

I think the independents, if they really believe there should be something that they want in the bill, might have a better shot, if they are here to show and explain it, at getting input here.

It would be interesting to try this out for a year and then ask the independents what they thought of it. I hope this is opening up the door for the independents and not closing the door. I think we should give it a shot.

This is not standard procedure, so are we going to have to vote on it every time, at the start of every session, if independents are going to have any input this way?

Is that your understanding, Mr. Chair?

4:10 p.m.

Conservative

The Chair Conservative Bev Shipley

Why don't we go through the rest? I have Mr. Atamanenko who wants to intervene.

It would be up to us as a committee whether we wanted it to be part of routine procedures or not.

Mr. Atamanenko.

4:10 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

This is how I understand it. If we put all the words aside, we have a choice here. Right now, someone who is not a member of a recognized party can put an amendment forward in the House of Commons and then vote for it. If this goes through, that member will no longer be allowed to do that. He or she will then have to come to committee to make the amendment.

What in effect this does is take away the right of someone such as the leader of the Green Party, for example, or of others who have every right to make amendments in the House now, to make those amendments in the House.

That's how I understand it. You either do it here or you do it in the House. If this comes into place, then the person can no longer make those amendments in the House. That's why we oppose this.

4:10 p.m.

Conservative

The Chair Conservative Bev Shipley

Mr. Zimmer.

4:10 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River, BC

Malcolm and Alex, there have been a few good comments or concerns expressed, but when we're going to give somebody else—the leader of the Green Party is your example—more of an opportunity than would even be reserved to the members of the committee in the House to provide amendments.... I see this as the appropriate place to add amendments and to have them voted on. At least we can go through them and do so, I'd say, with accurate scrutiny, if you want to call it that.

I guess one person sees the glass as half full—we see it as half full and you see it as half empty. But I think it's an opportunity, rather than blocking somebody, to give them a voice where it's going to have the most accurate or appropriate play. And that would be in committee; that's my opinion.

4:15 p.m.

Conservative

The Chair Conservative Bev Shipley

Mr. Allen.

4:15 p.m.

NDP

Malcolm Allen NDP Welland, ON

I'm trying not to belabour this, but just so it's clear—I know Mr. Harris was talking about giving an extra vote—that's not what I was implying. What I'm saying is that they get a vote over there at report stage and they get to make the amendment over there. I'd like to make amendments at report stage too, but I'm a member of the committee, so I'm bound by the rules that say I can make them here. Then, again, I've been here the entire time. I've heard all the testimony.

I can now try to work out with my colleagues when we do draft reports or legislation whether we can make an amendment. I have to say, on the legislative side so far, I'm an “o-fer”, in the parlance of the baseball world—and I'm a soccer guy. It's what they call in the English premier league a clean sheet. In other words, so far we haven't had any of the amendments we've tried to put forward from this side passed on the other side. I won't speak for the Liberal caucus. My friend isn't there anymore. My new friend is here, Mr. Eyking.

Your previous previous friend didn't win either. He was an o-fer as well. We're all o-fers on this side, it seems, Mr. Eyking. We didn't actually get any passed.

Whether I relinquish the seat to let them vote, somehow.... I want to say—and I know my friend Mr. Harris will hear me say this from time to time—I am a Scotsman; I grew up in Glasgow. I can count: one, two, three, four, five, six. Mr. Dreeshen has heard me do this in public accounts. There are five over here. I get the numbers game, and that's okay; that's democracy. It's the way it is. You guys won more seats, so you get more votes. That's how it works.

At the end of the day, my view is that where the limiting factor comes in is for an independent who truly is interested in the legislation. I'm talking about being truly interested in the legislation. If you actually go to the degree of figuring out an amendment that actually works in the House and the Speaker accepts it.... If you actually do your work on the legislation and figure it out and you are allowed to present it only here, unless—and I take Mr. Harris' advice that he's not going to give up his seat on the government side, nor would I ever ask the government side to do that.... But I don't think the government should ask us to give it up to an independent either, because the independents don't sit at the committee. The independent would be denied the ability to actually vote, because all of us would say that we are members of the committee, having gone through the process, because we're in registered parties, and having been duly appointed to the committee by the House. That's the process and it works. That would take away the ability of that independent to actually vote on their own amendment because they don't have standing here. But they have standing over there. They have the same rights as all of us over there in that House.

I hear Mr. Zimmer talking about the glass being half full or half empty. As I said earlier, I'd love to be able to do report stage amendments, but I understand I'm limited by the fact that I'm in a party. I get that. Those are the rules. We would have to try to change the rules over there. That's why I said earlier that if we're changing the rules about how we do the game, then let's have the House do it. Let's have the Speaker get up and say here are the new changes and independents can no longer do report stage; they must go to a committee. We would then have to try to figure out how that worked, and it might be exactly as proposed here.

I'll leave it at that because I think folks have a sense of what I think about it.

4:15 p.m.

Conservative

The Chair Conservative Bev Shipley

With all due respect, we only need to hear things once.

4:15 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River, BC

Can you make that a rule, Mr. Chair?

4:15 p.m.

Conservative

The Chair Conservative Bev Shipley

I'm just saying I think we can. I just want to avoid the duplication part as much as possible. I understand that rolls over, to make a point.

I will try to keep things moving in terms of not having the same stuff come back twice.

Mr. Payne.

4:15 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Thank you, Mr. Chair.

I just want to say to Malcolm that I'm not sure he really wants to change the good record that he has going for him right now.

4:15 p.m.

Conservative

The Chair Conservative Bev Shipley

I don't have any other speakers.

Just for your information, independents have sat on committees. That is a choice that an individual or a party makes. If it is something that is significant to an independent and it may be significant or not as significant to a party, they have that choice. It has happened before.

Do you need the motion read again?

We have a motion in front of us. It's been moved by Mr. Zimmer. I need a seconder for the motion.

Mr. Payne.

Is there any further discussion?

All in favour?

4:20 p.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Chair, I would ask for a recorded vote.

4:20 p.m.

Conservative

The Chair Conservative Bev Shipley

The clerk will give the recorded vote.

(Motion agreed to [See Minutes of Proceedings])

4:20 p.m.

Conservative

The Chair Conservative Bev Shipley

Thank you.

Mr. Payne.

4:20 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Chair, I move that we go in camera.

4:20 p.m.

Conservative

The Chair Conservative Bev Shipley

That was actually going to be my suggestion. Good move.

It is moved by Mr. Payne that we go in camera to deal with planning of future business.

(Motion agreed to)

[Proceedings continue in camera]