Mr. Speaker, I will not be quite as long as my colleague.
The official opposition is bringing this to your attention today because we feel it strikes at the very heart of this democratic institution we have here. The government is attempting to usurp the authority and responsibility of this House and its members. This is far from a routine point of order. This is and has been a study. It is an analysis and it is a very serious issue of a fundamental question. Does government operate through the legislation of the people or does government operate outside of the very legislation it expects all citizens to be guided by?
As you are aware, this responsibility of the House represents a basic principle of our Constitution. The fundamental principle that the crown has no power to tax except by grant of Parliament is to be found even in the Magna Carta. The bill of rights of 1689 declares: “Levying money for or to the use of the crown by pretence of prerogative without grant of Parliament for longer time or in another manner than the same is or shall be granted is illegal”.
The principle that Parliament approve expenditures for the specific purposes for which they were intended began as far back as Charles II and was developed under William and Mary. As a result, we are governed today by rules that make it illegal for the executive to make expenditures except those expenditures that are approved by Parliament in ways approved by Parliament.
The member for St. Albert has argued that certain items in the main estimates have breached these rules because they lack the sanctioning of necessary legislation. To support his argument, I refer to citation 937 of Beauchesne's sixth edition:
The test which items must meet to be included in the Estimates is whether or not the government is putting forward a spending estimate under authority it already possesses, or whether it is really seeking new legislative authority to do something. It makes no difference whether an item attempts to spend a large sum or simply one dollar. The government may not, by the use of an appropriation act, obtain authority it does not have under existing legislation.
Our extensive research by a number of well qualified people finds that no authority exists in the areas we have defined.
Citation 935 puts it simply like this:
A supply item ought not to be used to obtain authority which is the proper subject of legislation.
I would support the member's claim that the amounts objected to in vote 35 concerning the Canadian International Trade Tribunal, vote 15 of the department of public works, and vote 40 concerning the Canada Information Office are without legislative authority.
The member for St. Albert has also objected to the amounts in vote 1 of the department of agriculture, vote 15 concerning the Immigration and Refugee Board, vote 1 of environment, vote 5 concerning the department of Indian affairs and vote 1 of the Department of Transport. He argues that these items seek spending authority in legislation not yet passed in Parliament.
Citation 941 of Beauchesne's sixth edition makes the case:
If a vote in the Estimates relates to a bill not yet passed by Parliament then the authorizing bill must become law before the authorization of the relevant vote in the Estimates by an appropriation act.
This is a mandate, not a request.
Citation 942 points out:
Asking for money in the Estimates before legislation is passed to establish programmes “puts the cart before the horse”.
Through these items in the main estimates the government is attempting to spend the dowry and plan the honeymoon before popping the question. Our rules are based on tradition, and before the government books the honeymoon suite in the Niagara Falls Hilton, it must take us out on three successful dates: second reading, report stage and third reading. It must also court our neighbours next door, not to mention the final approval from dad in Rideau Hall.
In conclusion, Mr. Speaker, I would like to draw to your attention a reference from the introduction of the main estimates document part II, the very document which introduces these estimates. It states: “Proposals included in votes seek authority during the 1997-98 fiscal year to make expenditures necessary to deliver various mandates which are under the administration of a minister and are contained in legislation approved by Parliament”.
That in fact is not true. The very document which contains breaches of our parliamentary rules ironically sets those rules out in its introduction. To knowingly state the rules and then ignore those rules makes a mockery of every member in this House and those who elected us.
This represents another disturbing attempt by the government to erode the influence of the Commons and render its members irrelevant. It has demonstrated this by introducing bills in the Senate, advertising the passage of bills before they are passed and setting up bodies based on legislation not yet approved by Parliament, this House.
Today the government is going too far with this attempt to spend money without legislative authority. We ask that you protect the ancient constitutional right of the Commons to insist on legislative authority as a precondition to sanction grants of supply.