Evidence of meeting #4 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 schreiber.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Rob Walsh  Law Clerk and Parliamentary Counsel, House of Commons
Clerk of the Committee  Mr. Richard Rumas

12:10 p.m.

Liberal

The Chair Liberal Paul Szabo

I have no further speakers on the point of order, so I want to go back to Mr. Martin.

The clerk advises that, in any event, we would probably have to do a report to the House by this committee—hear me out, please—which we could get today. We would have to table it in the House. But routine proceedings are over for today, so we couldn't do it until tomorrow after question period. We would indicate on the tabling that we urged the Speaker to deal with it expeditiously.

It is a process that is well known to you. This motion, as it stands, does not prescribe a process that is in order, therefore I have to rule the motion out of order.

12:10 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Chairman, I have a point of order.

If there were unanimous consent, you could no doubt table your report in the House today. Obviously the Bloc québécois will agree to that filing.

12:10 p.m.

An hon. member

First, there has to be an agreement between the parties.

12:10 p.m.

Liberal

The Chair Liberal Paul Szabo

Thank you.

Now I have Mr. Walsh.

12:15 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

On your point, I'd recommend, if I'm reading it correctly, page 130 of Marleau and Montpetit seems to enable an individual member to rise and raise a point of privilege arising out of a report.

This report of the committee was tabled today. Notwithstanding the fact that routine proceedings were not happening, another member might rise and make a point of privilege based on what's set out in that report, if it's tabled. Now, if it's not tabled--

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

[Inaudible--Editor]...Mr. Martin to make his request that he had proposed in his motion.

12:15 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

Yes. You'd have to have the report tabled, however, and if—

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

I think the committee will agree that we are going to have to table the report, pursuant to this meeting.

12:15 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

But if you're past routine proceedings, you may not be able to get it tabled until the next morning, as you said.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

Yes.

Mr. Martin, I'll hear from you.

12:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

With that information, Mr. Chairman, I would look for friendly amendments that might accommodate your concerns.

I'm not going to enter into a debate about this, but I don't necessarily agree that you couldn't simply approach the Speaker. There's very little precedent dealing with this type of motion, so we don't know that for a fact; we have opinions on both sides.

I would be willing to consider friendly amendments to the effect that would make this possible, and then I'd like to finish my comments in defence of the motion.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

Order, members.

We can only recognize members who are authorized members of the committee.

I want to respond to Mr. Martin.

I do understand the predicament here, but I have received from the clerk and from our parliamentary counsel and law clerk that the process prescribed in this motion is not a permitted process. It doesn't work. And to pass it would have no effect whatsoever. We need to find an alternative. Of course, the member also knows that there is no reference whatsoever, in the rules of Parliament or the procedures, to a friendly amendment.

So I've ruled it out of order. I'm going to move to motion two....

It's over.

Is someone rising on a valid point of order, not to move a motion, not to debate something, but on a point of order? If so, indicate so right now.

12:15 p.m.

An hon. member

It's a point of clarification, Mr. Chair.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

You want to ask questions.

I would recommend that if members have questions to please approach the clerk and ask their questions.

Madame Lavallée, are you moving a point of order, and it is, in your view, in order? If you're not going to debate, please....

All honourable members have the right to do this. I will recognize you. I would ask you to please state the nature of the point of order first, and then you can describe the details. Could you do that, please?

12:15 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Chairman, first I have a question to ask. I thought I understood...

12:15 p.m.

The Chairman

No.

12:15 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

But I didn't hear. Mr. Chairman, I want to know...

12:15 p.m.

The Chairman

Ms. Lavallée...

12:15 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

But, Mr. Chairman, I didn't hear what you said.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

Madame Lavallée, I want to help you, I do. I want to help you....

Order, please!

I want to respect the rights and privileges of all members, but if I give latitude to any one member, then I'd lose the confidence of the committee. I'm sorry, I cannot entertain this. We don't have a point of order.

The second motion is also by Mr. Martin.

Do you care to move that motion, Mr. Martin?

12:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

There are four motions.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

Could the clerk advise what is the next motion that has been duly received. Is this the televised thing?

12:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

No, I don't need to move it.

12:15 p.m.

Liberal

The Chair Liberal Paul Szabo

You don't want to move that. Thank you.

12:15 p.m.

An hon. member

Did he withdraw it?