Evidence of meeting #2 for Access to Information, Privacy and Ethics in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was independent.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Dara Lithwick  Committee Researcher
Maxime-Olivier Thibodeau  Analyst, Library of Parliament
Clerk of the Committee  Mr. Chad Mariage

10:25 a.m.

The Clerk

Thank you, Mr. Chair.

I'm going to be careful in the way I answer. As members know, the clerk's role is simply to provide advice to the committee and not to provide his or her opinion on something.

Procedurally, the motion before us has been properly moved, and procedurally the motion is properly before the committee.

As members know, the committee is the master of its own proceedings and how it manages its own business. Whether adopting this motion would have an impact on the House, as I stated before, it's hard for me to determine what the Speaker would say if such a report.... What would the Speaker do after we report a bill back if this were in place? I wouldn't be in a position to substitute my judgment for his.

Strictly procedurally speaking, Mr. Chair, my opinion is that it's properly before the committee and the committee can make a decision on the motion as it's worded.

Obviously, as I stated, I can't comment on what the impact would be beyond this committee, as my role is simply to advise the committee within these four walls. What ultimately happens in the House is up to the Speaker and his advisers, who will advise him throughout the legislative process.

10:25 a.m.

NDP

The Chair NDP Pat Martin

That's very tactfully put, Chad.

Could I ask you a question, though? In your reading of O'Brien and Bosc, and in the reference you gave to me, it says clearly that “the Speaker will normally only select motions in amendment that could not have been presented in committee.”

10:25 a.m.

A voice

What page is that?

10:25 a.m.

NDP

The Chair NDP Pat Martin

This is on page 783 of O'Brien and Bosc. It's the last sentence on the page.

In your opinion, does that mean if a motion was placed at committee or if the independent member had the ability to have the motion dealt with at committee, it would preclude the Speaker from entertaining it at report stage?

10:25 a.m.

The Clerk

Again, thank you, Mr. Chair.

Obviously, my job is to provide you with the reference and to outline the fact that it has been the practice up until now. Humbly, it's up to members and the Speaker to determine what that means. As is stated in O'Brien and Bosc, if a motion could have been moved in committee, typically the Speaker wouldn't select it at report stage. What “could have been moved” means is where the interpretation comes in, and I don't feel I should substitute my interpretation for that of the Speaker.

10:25 a.m.

NDP

The Chair NDP Pat Martin

Can you confirm that the most recent ruling of the Speaker in June 2013 upholds the view that, if you had the ability to move the motion at committee, you are not allowed to move it at report stage? Is that your understanding of the Speaker's most recent ruling?

10:30 a.m.

The Clerk

I think the Speaker has been pretty consistent in rulings along those lines. I would leave it at that, without treading into an area where I wouldn't be comfortable. I think the Speaker has been pretty consistent in his selection and in the criteria he uses to select motions at report stage or amendments at report stage. Ultimately, what he judges to be an opportunity to have been presented at committee may vary, but he has been pretty consistent in his application of the rule that you've mentioned.

I'm sorry for the vagueness. I just do not want to substitute my decision for the Speaker's.

10:30 a.m.

NDP

The Chair NDP Pat Martin

I think that's helpful.

Mr. Ravignat, I'm sorry. You have the floor.

Mr. Angus, are you raising a point of order?

10:30 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Yes.

I thank the clerk for his intervention. In light of that, the problem we're dealing with is that the Westminster tradition is unlike the U.S. system. The U.S. system believed there would be all manner of skullduggery, so they put in so many checks and balances they can't seem to get their legislative car started on any morning anymore.

We're based on a different thing, which is sort of a...well, it's a sexist term now, but it was a gentleman's code. There was a way parliamentarians were supposed to behave: gentlemen, gentlewomen. The Speaker would normally say that the committees are the masters of their own houses. That would be the Speaker's ruling, because there's a sense that we're all here to act in the larger interest, and then our committees would also take up on that. But when you see that the committee is being used as a back door to undermine the independent rights of members in this House, this isn't the gentleman's code anymore; it's very much the parcel of rogues in a nation.

10:30 a.m.

NDP

The Chair NDP Pat Martin

You'll have to make your point of order. I've given you the floor to make a point of order.

10:30 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

The point of order is that I think we're going to need an independent opinion, and I will certainly be asking for an independent opinion. I'll be suggesting my independent colleagues get an independent legal opinion from the law clerk, because we are in very untested waters, and the old precedents are being clearly broken.

I thank the clerk for his intervention, but the issue here is that because this is such an affront to the rights of independent members, we believe that our privileges are actually being undermined in even being asked to vote to take away those rights.

10:30 a.m.

NDP

The Chair NDP Pat Martin

I understand your point, and you don't have a point of—

10:30 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Is that a point of order? No, it wasn't?

10:30 a.m.

NDP

The Chair NDP Pat Martin

No, it's not. It's not even close, not even remotely.

10:30 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I'll work on it.

10:30 a.m.

NDP

The Chair NDP Pat Martin

Okay, you come back when that gels a bit.

Mr. Ravignat.

10:30 a.m.

NDP

Mathieu Ravignat NDP Pontiac, QC

I fully understand the clerk's reticence to give his opinion on this issue, and I thank him for giving an opinion, no matter how vague. I think it actually has to be vague because we're putting the question to the wrong person.

In fact, Mr. Chair, the way you put the question to the clerk is a good indication of that. Would the Speaker rule that way? We don't know. We do know that we have his rulings, so we can tell in a way what perhaps the consistency would be, and that consistency is what, frankly, our Conservative colleagues are relying on. It's that consistency that's going to take away the rights of independents to move motions at report stage.

To be very clear with Canadians who are watching, one of my political mentors told me that pedagogy is all that politics is; education is all that politics is.

Perhaps I can be as clear as possible. The Speaker has generally ruled that if you can move a motion in committee, then you shouldn't move it in the House. The problem is that right now, independents don't have the right to move motions in committee, and therefore, they need to move them in the House. When they move them in the House, they have a right to speak.

There is a snake in the grass here in the sense that what the government is trying to do is to move that right into committee so they can control it and therefore basically shut up independents so that they can reduce their impact on Parliament. That is not only an affront to a duly elected member of Parliament, it is an affront to democracy, frankly.

I'm rather shocked by this kind of underhanded way of going about doing this. Let's not hide behind anything. This government has unprecedentedly concentrated power in the hands of the Prime Minister's Office. The PMO controls what goes on in committee. We know that. The PMO keeps apprised of everything. This motion comes from the Prime Minister's Office.

Fundamentally, what will happen.... The rules of the committee could be changed. We could adopt this now and then adopt something later, and then precedence is given and independents lose their right to present motions either at committee or at report stage.

Let's consider a little bit of the history. I'm sure the government is very annoyed by the amount of motions it receives at report stage, particularly on budgetary bills, from independent members. Well, I'm sorry that democracy is inconvenient, but it is democracy.

A delegation from Kenya visited me, as the Treasury Board critic. They wanted to talk about the shining example Canada serves for the democratic process. They came to my office. They wanted to know how committees worked. I laid it out for them and talked about in camera. I laid it out to them and talked about majority. The Kenyans were shocked, to say the least, at the weakness of committees as a democratic institution. In fact, when their house has a majority, the majority of committee members are not the majority. They actually have a built-in check and balance for the power of the majority government.

If we want to remain this kind of shining example of democracy, we're going to have to pay attention to what we do. It may seem like petty and unimportant rules but, as Mr. Angus pointed out, the Prime Minister believes that Canadians don't care about rules, or at least their base doesn't care about rules, but there is a slippery slope here. I quote Merriam-Webster's online dictionary:

conservatism : belief in the value of established and traditional practices in politics and society: : dislike of change or new ideas...

in a political setting and of revolution.

10:30 a.m.

An hon. member

Look up Toryism.

10:35 a.m.

NDP

Mathieu Ravignat NDP Pontiac, QC

There's a very fine line between conservatism and—

10:35 a.m.

NDP

The Chair NDP Pat Martin

Mr. Ravignat, excuse me, we have a point of order.

10:35 a.m.

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

On a point of order, did he say that was the online edition? I just want to know what version. Was it the online version—

10:35 a.m.

NDP

The Chair NDP Pat Martin

Would you mind quoting your reference?

10:35 a.m.

NDP

Mathieu Ravignat NDP Pontiac, QC

It’s the Merriam-Webster Dictionary.

10:35 a.m.

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

You said it’s the online version?

10:35 a.m.

NDP

Mathieu Ravignat NDP Pontiac, QC

Yes, it’s the online version.