The meeting is suspended.
I officially call the meeting to order.
We are now resuming the meeting that started on Thursday, October 8, of the House of Commons Standing Committee on Finance. The committee is continuing the consideration of committee business.
Today, we are going over a few things in case we get rusty, since we haven't been at this for a while. Today's meeting is taking place by video conference, and the proceedings will be televised and made available via the House of Commons website.
I would like to mention a few rules. Interpretation will work much like a regular meeting. You have the choice of floor, English or French. It's critical, to get the best sound for those doing the interpretation, that members wear their headsets. If you plan to alternate from one language to the other, you do need to change the interpretation channel to the language you are speaking. It may be best to pause briefly when you're switching over to give the interpreters time to catch up.
I know all members knew these points in the spring, but as a refresher, all comments should be addressed through the chair. Should members need to request the floor outside of their designated time, for questions or comments, they should activate their mike and state they have a point of order.
If members wish to intervene on a point of order that has been raised by another member, they should use the “raise hand” function. That will signal to the chair and the clerk your interest to speak. In order to do so, you should click “participants” at the bottom of the screen. When the list pops up, you see, next to your name, that you can click “raise hand”.
Please mute your mike when not speaking. If technical problems arise, like audio, translation or other, please advise me, and we will wait until that is resolved.
I will now turn to the suspension of the meeting. There was some confusion over this. You will recall I stated on Mr. Poilievre's point of privilege that there was a procedural technicality with his point, and the motion following his point.
We suspended for a few minutes, and I did not get complete clarity on what was really an unusual development to a great extent related to the fact that this is a new session of Parliament. I'll get to that in a moment. The meeting was not adjourned, as some implied, but was suspended by the chair. House of Commons Procedure and Practice, third edition, page 1098, states:
Committees frequently suspend their meeting for various reasons, with the intention to resume later in the day. Suspensions may last a few seconds, several hours, or span even more than one day.
On the question of privilege, some people have asked me, “How can you interrupt a motion and go to another motion?” When you're discussing a motion, the question of privilege does take precedence, and the chair has an obligation to deal with that. The chair, under parliamentary procedure, must hear the point. House of Commons Procedure and Practice, third edition, page 1060, states:
If a member wishes to raise a question of privilege during a committee meeting, or an incident arises in connection with the committee’s proceedings that may constitute a breach of privilege, the committee Chair allows the member to explain the situation. The Chair then determines whether the question raised in fact relates to parliamentary privilege. If the Chair determines that the question does relate to parliamentary privilege, the committee may then consider presenting a report on the question to the House. The report should:
clearly describe the situation;
summarize the facts;
provide the names of the people involved, if applicable;
state that there may be a breach of privilege; and ask the House to take such measures as it deems appropriate.
Ordinarily, presentation of a report to the House is a prerequisite for any question of privilege arising from the proceedings of a committee.
Mr. Fraser did raise a point from parliamentary procedure during the discussion, but he didn't challenge the chair on that point.
It's not in the rules, but running through my mind at the time was the problem that a point of privilege could be used to jump the queue on motions.
You'll recall at the beginning of the meeting that I stated the order of motions would be Ms. Dzerowicz's motion on pre-budget consultations. We operate under a standing order of Parliament that we must do those in the fall and report by December. That's an obligation for the committee.
I spoke with Mr. Julian and I told him I would have his motion dealt with second at the committee, as the proposals came forward. His motion was on privilege and documents as well. Mr. Poilievre's staff emailed me to say that Mr. Poilievre would be putting a motion. It didn't say it would be a point of privilege. That was the way the motion came to me.
My thinking was to get to the pre-budget consultations, so that our staff, the clerks and others, could start the process and line up witnesses and meetings while we continued to discuss these other issues.
Finally, the reason I said that the motion had a technical procedural problem related to the fact that we're in session two of the 43rd Parliament and there was prorogation of session one.
On prorogation, the House of Commons Procedure and Practice, third edition, pages 975 and 976 reads, “as soon as Parliament is...prorogued...parliamentary committees (with certain exceptions) lose their orders of reference, mandates, powers and members.” All studies undertaken by committees lapse.
Also in House of Commons Procedure and Practice, third edition, page 977, under the topic “Resuming Proceedings in a New Session”, it states:
Standing and joint committees that wish to resume a study they initiated themselves can do so by...adopting a motion to this effect....
If occasion arises and they consider it appropriate, committees that have the power to do so may re-adopt orders for the appearance of witnesses or the production of papers.... It is quite common for the House or a committee to adopt an order stating that evidence heard and papers received in a preceding parliamentary session be taken into consideration in the new session.
That leaves us with the current motion from Mr. Poilievre on his point of privilege. It doesn't technically have the evidence to make his point, because the evidence doesn't have a motion in it and there hasn't been a motion to bring that evidence forward from the previous session. Therefore, the Speaker could kick it back to us and say that the evidence isn't there.
I see Mr. Julian shaking his head, but those are the facts of the matter. We all know, those of us who were on the committee, what it means, but technically that's where we're at.
I'm going to go with a couple of options.
I'm going to rule the current motion as written out of order and ask Mr. Poilievre to bring it in order by putting in an amendment or bringing it back with a proposal to bring forward that evidence from the previous committee. However, I would rule it out of order as written.
I think that these are the options. Mr. Poilievre can take the motion back, sit in position three, and we'll go back to where we were, with Ms. Dzerowicz's motion first, and then come through the line and deal with his motion as amended. He could challenge the ruling of the chair. We'll see where that goes. We would have to deal with it in that respect.
I'll give members a moment to think about that. As I said, as written, I have to rule it out of order. It can be fixed, and I would suggest that Mr. Poilievre bring it back later in the meeting.