Evidence of meeting #2 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chairman.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Robert Marleau  Information Commissioner, Office of the Information Commissioner of Canada
Jennifer Stoddart  Privacy Commissioner, Office of the Privacy Commissioner of Canada
Mary Elizabeth Dawson  Ethics Commissioner of Canada, Office of the Ethics Commissioner

11:55 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

No, you're not, Mr. Chair. You moved on. You ruled that my motion could not be entertained now. Then there was a point of order. Your decision was challenged.

11:55 a.m.

Liberal

The Chair Liberal Paul Szabo

Yes, but he's speaking on the motion.

11:55 a.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

I asked for a vote.

11:55 a.m.

Liberal

The Chair Liberal Paul Szabo

There was no motion for a vote.

11:55 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Chairman, for heaven's sake, the only motion is whether to uphold the decision of the chair.

11:55 a.m.

Liberal

The Chair Liberal Paul Szabo

Yes, but it's a debatable motion.

11:55 a.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

I'm sorry, Mr. Chairman, but you should check with the clerk. A motion challenging a ruling by the chair is not debatable. It must be voted on immediately.

11:55 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

That's right.

11:55 a.m.

Liberal

The Chair Liberal Paul Szabo

Mr. Martin attempted to move his motion, and I said that subject to getting the advice from the clerk and the principal clerk, based on the interventions made by the movers of those motions, I would not entertain the motion until I had advice from the clerk.

As you know, a chair can take whatever time is necessary to consult prior to making a ruling. I have taken this step because I know how important this issue is to members.

Mr. Guimond is correct. He's challenging my position with regard to whether or not I can rule that I will not accept the movement of that motion at this time, because I had asked for the interventions with regard to the argument whether a matter was going to be admissible under the mandate, to assist.

Mr. Guimond is absolutely correct. If the chair has been challenged on a decision taken or a ruling, it is then subject to a vote without debate.

Is that your understanding, Mr. Guimond, and the committee?

11:55 a.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

That is exactly what I was calling for, Mr. Chairman.

Thank you.

11:55 a.m.

Liberal

The Chair Liberal Paul Szabo

The question before the committee is whether or not Mr. Martin effectively should be permitted to officially move his motion without our getting a determination of admissibility. That's not debatable. I'm sorry.

Does everyone understand the question? I'm being challenged, and Mr. Martin will in fact formally move his motion, which is debatable, and he will start debate on his motion.

This is not debatable.

11:55 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

I'm not debating it. I want to be clear what we're voting on.

Mr. Martin made a motion. Are we voting on opposing you, that you ruled it out of order, or are we voting that he can't make the motion?

Noon

Liberal

The Chair Liberal Paul Szabo

Mr. Guimond has challenged my decision.

Noon

Conservative

David Tilson Conservative Dufferin—Caledon, ON

I understand. I'm just trying to figure out what he's challenged.

Noon

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

I will start again.

Mr. Martin had already tabled a motion. The chairman informed us that the acting deputy clerk had told him this motion was out of order and that if Mr. Martin wanted a different interpretation, he would have to present some arguments.

Mr. Martin asked for the floor, and rather than...

Noon

Liberal

The Chair Liberal Paul Szabo

Order.

Mr. Guimond, you're in full flight. I have a feeling it's going to take a little bit more time. The time for this meeting has expired--

Noon

NDP

Pat Martin NDP Winnipeg Centre, MB

You son of a bitch! I have a point of order!

Noon

Liberal

The Chair Liberal Paul Szabo

--and I'm going to adjourn.