Evidence of meeting #55 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was opposition.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Anne Lawson  General Counsel and Senior Director, Elections Canada
Clerk of the Committee  Mr. Andrew Lauzon
Andre Barnes  Committee Researcher
David Groves  Analyst, Library of Parliament

11:25 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

It's a very interesting idea. There's a similar topic of debate in the Standing Order 51 debate. We had a lot of interesting discussions on the private member's bill.

What would probably happen is that we'd have a tremendous number of heritage months, heritage weeks, and heritage days, and no substantive bills would get through because the ones that everybody agrees to would all flow to the top. The ones that actually require serious debate would be very hard-pressed to get there. That's just food for thought.

11:25 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

I don't know if that would be the outcome because if I have a list of bills in front of me that I could choose to bring forward for debate, I might say there is a group on there that I agree with, which I don't necessarily think are the principal priorities, whereas there are other bills that I agree with and I think are a major priority because they have a significant practical effect on people's lives.

My inclination would be to select the ones that I agree with and think have the greatest substantive impact. It shouldn't just be a ballot that asks which of these you agree with and selects the ones to go forward on that basis. It should also be a measure of the ones that members of Parliament think are important to bring forward. At the end of the day, if individual private members who are not part of the cabinet or not parliamentary secretaries thought that certain bills that involved heritage months were the most important ones, then that would be their decision. I suspect, though, that this would show a good representation of what not just parliamentarians, but also Canadians, consider a priority if you were to go through that kind of process. It would be worth trying and certainly worth discussing in committee.

Actually, this is already happening. We're already having a bit of a back and forth discussion. Here's an idea. How would it work in practice? What are the pitfalls? What are the problems? This speaks to the value of a consensus process, one that can be driven by ideas from all sides.

I have ideas about the Standing Orders, but I don't think I have all the answers. I might have ideas for which Mr. Graham or others—same party, different party—would identify problems. They might make me go back and say that actually they are problems and maybe we shouldn't proceed in that direction. That's why it's important that the Standing Orders' changes not be just dictated by one person. Whether that person is the House leader or whether that person is me, changes we make to the Standing Orders should reflect the collective wisdom of all parties and should reflect an appropriate balance of interest among different parties and within parties.

Another option for how we handle private members' business is simply to schedule additional hours of private members' business on top of the days we already have. We could put provisions into the Standing Orders to facilitate the use of what are informally called “autopilot motions”, which mean you can't have quorum calls and certain other kinds of motions brought forward to ensure that when we're adding hours to the day we're not creating an additional burden on MPs who aren't able to be there, or staff members, or those kinds of things. Instead we are creating a venue for more debate on private members' bills for those who want to be a part of that. It would be possible for that to be put in place in a way that would allow more private members' bills to be debated.

The government has talked about, from their perspective, Fridays not being that productive because there's not that much time for government orders. Maybe we could just do a series of private members' bills on Fridays. Perhaps that would be a way of getting around their concern but also facilitating more use of private members' bills.

The other thing that's interesting to me about the way private members' business works is that if I want to put forward a bill in the House on a particular issue, I have to wait until it's my turn to propose that bill in the House, obviously. I can have some discussion of it. We have first reading. Before it goes to debate at second reading and a vote, I have to wait until it's my turn on the list, but one thing I can do is advocate for a senator, coming back to the Senate, to put forward a similar bill. It could be debated in the Senate. If it doesn't pass in the Senate, too bad. Well, if it doesn't pass the Senate it was probably going to be too bad anyway, because even if it made it out of the House it would have to go through the Senate. If it passes in the Senate first, then effectively it jumps to the front of the line in the House of Commons, if there is someone who is prepared to sponsor it. I can work through the Senate and jump the line effectively on a private member's bill.

11:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

You can already do that.

11:30 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

We can already do that, exactly. What that means, though, is again, this is an instance in which the influence of the Senate effectively outweighs the influence of the House of Commons, because the timing by which members of Parliament bring forward legislation in the House is significantly informed by their ability to get support for their legislative proposal in the Senate. This is an unusual situation. If we allocated more time for private members' bills or if we explored some of the solutions that I've proposed as possible options, it potentially enhances the potential role for members of Parliament to bring forward private members' bills, and it introduces a greater ability for them to do so without the situation in which members of Parliament might never be able to bring them forward.

One of my predecessors—and I read out some of his comments on this particular issue—was Ken Epp, who represented my riding from 1993-2008. I think it was only in his final term as a member of Parliament that he was able to have a private member's bill go to a vote at second reading, and it actually was still far enough down the order of precedence that it went to a vote at second reading. It passed. It went to a committee, and we had an election. This was a minority Parliament, so it was a shorter Parliament. We had an election while the bill was in committee, and he decided, for a variety of reasons, that he wasn't planning on running again. If someone would go through a 15-year career as a member of Parliament, multiple Parliaments, and just through luck of the draw not have an opportunity to ever take their bill the full distance, I think that raises some questions. It's probably rather unfortunate, so we should look at ways of empowering private members to be more engaged in the legislative process with their own bills.

It may not be easy to adjust things so that we get all members who are eligible—I think there are about 260 of them—to participate in proposing private members' bills. We're not going to get to that number overnight by one little change, but in a four-year period, that every member of Parliament have an opportunity to at least see legislation go to a second reading debate would be a reasonable goal. It is not going to move forward under the framework established by this study, the process is defined in strictly partisan terms and all of the control rests with the government majority.

As for the Chrétien model that our House leader talked about for going through consideration of changes to the Standing Orders, in my understanding it would involve the appointment of individuals to that committee, who would then be on that committee and would not be able to be pulled back from that committee. The study happening at PROC still means that individuals can be pulled off that committee by their respective whips, and that creates some issues if members of Parliament were, at any point, to want to pursue a more independent approach to what they were doing than the powers that be, in the case of their parties, were interested in seeing.

11:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

Garnett, sorry, just while you're on private members' business, I don't usually intervene as the chair but there's something I really feel passionately about: that is, private members' business is only, as you said, two hours of debate. In fact, in some of your models you're keeping that, but government business can go for two, three, four days. From my perspective, a bill is a bill is a bill, and so it has the same result in Canada, in the end, if it gets through the whole system. You have one set of bills that only get two hours of debate, and the others that can get a lot more scrutiny. I've always had an issue with that over the years.

The other thing I want to mention is there's something else PROC looked at earlier, and we thought we may or may not come back to later, which would give more time for debate of private members' bills, which is another thing on your list. It's that Westminster and Australia have a second Parliament, a second House of Commons, as it were.

11:35 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

A secondary debating chamber.

11:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

Yes, another debating chamber.

It gives a lot more time for more private members' bills, or time for more people to debate government bills. The ultimate vote and everything is in the main chamber, but they have a lot more time because it runs concurrent with the main chamber.

That's something that members of the regular committee thought would take some extensive study, but this is a very timely point to do that study, because they're building another house of commons in the West Block and we still have one here. In theory, if people decided that was the way to go, then structurally it would be relatively easy to do at this time in our Parliament's history.

11:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you, Mr. Chair.

I think those are great points for consideration, because, in principle, a bill is a bill is a bill.

I know that one of the things that this Parliament has dealt with, prospective changes to the Canadian anthem, went through very quickly. I think Canadians were just kind of jumping on to the fact that this was happening, right when it was finishing up in the House of Commons. Obviously, particular circumstances were involved there, but it was a very important piece of legislation. It's the kind of thing for which you would to have sufficient time for public awareness, discussion, and consideration.

Part of the problem is that now we hear arguments from the government, in response to private members' bills recognizing the reality of more limited time available for the debate, that actually try to de-legitimize the private member's bill channel completely.

There was a bill that I spoke on recently from my colleague, Steven Blaney, dealing with drunk driving. Basically, the parliamentary secretary said, and I'm not quoting him exactly but something to the effect of, “Well, this is a very complicated area of law that requires engaging with the provinces. Therefore, a government-led initiative is more appropriate here.”

It's troubling to me that something could be rejected that is, in my view at least, a good bill. It was supported by the government at second reading but rejected on the basis that, “It's complicated so it should be a government-led initiative.”

I think private members should be able to bring forward complicated, legislative changes that deal with important areas of law. There should be time for debate on those. Of course, with private members' bills, the structure doesn't allow us the flexibility to recognize that some types of initiatives need more debate than others. We recognize this with government bills.

11:40 p.m.

Liberal

The Chair Liberal Larry Bagnell

Programming.

11:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

That's the principle behind programming. Obviously, the problem of programming is who's doing it. I have no problem with a schedule being set out on the basis of agreement. That's what happens now. I've said I think it is important, but there is no sense in which there is a committee or an agreement to allocate different amounts of time for different private members' bills depending on how much time is needed.

Maybe that could be a role for a secondary chamber. You would have the first hour of debate in a primary chamber, and then you would have a secondary chamber for further debate with more wide open parameters on private members' legislation. There would be many possible ways to create a venue in which there is that scrutiny.

In fairness, the thing about private members' bills is that they still go through that committee study, and there's no limit to the breadth of the study the committee can do. Of course, there is one rule in the Standing Orders that's unique for private members' bills, which is that they're automatically referred back from committee after a certain amount of time. That's to prevent committees from basically ragging the puck on legislation and effectively preventing it from being considered that way. The committee has to deal with private members' legislation, or it will be dealt with automatically according to the provisions of that Standing Order.

The point is that there is still a committee study phase which can and should be very detailed. It might be worth making the point that for any private members' bills that make it through that process and get all the way to third reading, at least at that point, you should be allocating more debate.

My concern about allocating more debate to private members' bills is that it could be done in a way that reduces the number of private members' bills that can come forward. I would be all for looking for ways to allocate more time for private members' bills for debate on each one, provided that we're not doing it in a way that reduces the number of private members' bills that can be brought forward. I would like to see us go in the opposite direction and try to increase the number of private members' bills that can come forward, so that we don't have people who have long parliamentary careers and yet never have an opportunity to bring forward their own legislation.

This is a good discussion. This is an area that we should be discussing and moving forward with, and I sincerely hope that we'll have the opportunity to do that at some point—

11:40 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

We can.

11:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

—on a basis that reflects the direction we want to see, that reflects the involvement of all parties and the involvement of members in different kinds of positions who are considering that.

I wanted to make some comments with respect to the Standing Orders on the issue of emergency debates as well. There is a provision for members to bring forward requests for emergency debate, and then the Speaker makes those decisions.

Perhaps we could provide greater clarity on what circumstances meet the requirements for such emergency debate, but we also had a situation in the House on Tuesday where I wanted to bring forward a request for emergency debate on an important question on Syria. Basically, because of concurrence motions and other motions that were brought forward, there was no opportunity to bring forward that request for an emergency debate. The discussion of motions went right up until question period. I raised a point of order on this but the Speaker's interpretation of Standing Order 52 in conjunction with Standing Order 30 was that it automatically reverts to government orders after question period on Tuesdays and Thursdays. Therefore, if concurrence motions or other aspects of routine proceedings take you all the way to question period, then a request for emergency debate disappears.

Emergency debates are supposed to be just that, emergency debates. They are supposed to reflect emergent situations, so it is a problem when members of Parliament are not able to make those requests for emergency debate. The way the Standing Orders are written gives preference to the introduction of government bills, because if routine proceedings have proceeded past the introduction of government bills, then you automatically revert to government orders after three o'clock on Tuesdays and Thursdays. But if you haven't yet gotten to the introduction of government bills, you can still proceed with the introduction of government bills after three o'clock, at which point it automatically reverts to government orders. Already within the Standing Orders you sort of have this preferencing of the introduction of government bills over the introduction of private members' bills, just in the way they are set up.

These are aspects of our Standing Orders where I would say yes, we can have reform or improvement or modernization, however you want to see it. But I would see that reform moving in a direction that empowers members, and in the case of the particular situation I'm talking about, with respect to emergency debates. We could do a better job of clarifying in the Standing Orders the circumstances for emergency and take-note debates, because we have these foreign policy crises, like what's happening in Syria with the terrible chemical weapons attack, the response by the United States, and then the ensuing questions back and forth of the engagement of different powers with each other and how those tensions are escalating. I believe it is so important for our system of responsible government and for the strength of our institutions that, when we are confronted with major foreign policy crises, we have an emergency debate or a take-note debate about them in the House of Commons.

There often isn't legislation that directly involves these instances. What's happening in Syria isn't something on which all of a sudden we are going to pass legislation, but it is the kind of thing where members should be standing up in the House of Commons and discussing what they believe. It's an important exercise in terms of the health of our democracy, in terms of showing the world that in Canada, even major decisions on foreign policy issues in the midst of a crisis are made through deliberation in the House of Commons. It also helps inform the government, and it forces the government to justify whatever they are doing in some way in the House of Commons.

It is striking—for members who have looked at World War II history—how engaged the House of Commons was, and how important House of Commons debate was, that immediately on becoming Prime Minister, and in the midst of the crisis that evolved in early May 1940, Winston Churchill called the House of Commons.

It was important for him to address the House of Commons. It served as a stark contrast, a way of showing the kind of society we are, that we value our parliamentary institutions.

Yet in the midst of all that has been going on, we haven't had a debate on Syria—not recently, not in response to recent events. In particular, we've had debates about Canadian military deployment in response to Daesh, but we have not, broadly speaking, had a debate about the Canadian response to the civil war in Syria yet this Parliament. I think we should. That's why I put in the request for an emergency debate, likely one that we will now not have an opportunity to move forward with because we didn't have routine proceedings today. Then tomorrow, of course, the granting of an emergency debate would take us till midnight on Holy Thursday, which would create all kinds of other potential issues since most members are probably already planning to go back to their ridings, if they haven't already.

We'll miss that opportunity, but it's an opportunity that shouldn't be missed because this is a critical issue. I moved in the House to have unanimous consent to allow us to revert to a request for emergency debate. Unfortunately, that unanimous consent was denied. By whom? Who knows? It was denied, but I don't think this speaks to the need to reform the process around emergency debates. Ideally, it should be almost automatic that when something of the magnitude that happened in Syria happens, there is a debate that takes place in the House of Commons. That should be part of who we are, a nation that debates these issues when they come up and has members of Parliament engaged in that conversation.

One other thing about the Standing Orders that I think is often missed is that we have speaking lists. Every member knows this: that when they wish to speak they have that discussion with some staffers within their party who provide their name as part of a speaking list. There are presumed speaking spots. There's a presumed speaking rotation among different parties. The impact of it is that so-called minor parties—non-recognized parties, I should say—like the Bloc and the Greens, are not on that list. Generally speaking, their only ability to participate in debate is through questions and comments, or if other members are prepared to share those spots with them.

There's no provision in the Standing Orders for speaking lists. The Standing Orders are very clear about prescribing a completely different model. The same goes for question period, for statements by members, and also for debates. The way they are supposed to work is that, similar to what we do during questions and comments, members stand up. Whoever stands first is called upon by the Speaker, and then that person proceeds to give a speech.

We can see, perhaps, the value of some degree of coordination. However, by imposing party lists, the effect of the current system is that it introduces a substantial difference between members of recognized and members of non-recognized parties. That may be a surprise to some people when you consider the fact that all of us are elected members of Parliament, elected here by Canadians to serve our constituencies.

A change to the way that party lists operate would make sense, at least not to have that dramatic dissonance between what the Standing Orders say and what happens in practice. It's a pretty striking dissonance. In fact, oftentimes what happens is that a member might stand up, usually because they're trying to get the attention of the Speaker for questions and comments, but then the Speaker will say “Resuming debate”, and then call on a member who at that moment is sitting down.

He will ignore members who are standing up and call on a member who is sitting down. That has become our practice, informally, but that is not what the Standing Orders say and, of course, the very wise and accomplished former Speaker Scheer said in the last Parliament that the practice of using lists doesn't in any way change the Standing Orders. The Standing Orders still are that, during statements by members, during question period, or during speeches, it can happen that an individual member can stand up, seek to get the eye of the Speaker, be called on by the Speaker, pose a question, make a statement, or give a speech. These are aspects of our Standing Orders that can be discussed. Perhaps it would be logical to discuss changes to the Standing Orders that would, in some sense, recognize the informal practice while introducing limits to that informal practice that actually protect the rights of members and acknowledge that oftentimes the Speaker will refer to a list, but they won't always refer to a list, or that perhaps there should be certain points in time when they do not use a list.

To recognize that reality but prescribe cases in which it would not apply would go a long way to providing a greater level of protection for individual members. Again, these are changes to the Standing Orders that would be worth discussing and would have the potential to strengthen, or at least protect, the role of the private member in this process.

The use of speakers lists, as well, can have the effect of reducing the engagement that members have in debates that are happening. It allows members to show up two minutes before their speech, give the speech, and then leave; whereas, if in order to speak, you need to get the attention of the Speaker, you'd have to be in the House for a longer period of time. You have to be there standing up to get the Speaker's attention, trying to get his or her attention, and maybe you have to try to do that a few times before you actually get the Speaker's attention. With the lists in place, you don't have to do that, but without lists, or at least with some modification, you would perhaps have more engagement by members in terms of listening to speeches and making remarks that align with that kind of idealized deliberative model that I talked about at the beginning in which there is a back-and-forth, not just a reading into the record of a pre-set message.

Mr. Chair, I think Mr. Simms wants to make a brief comment, which I'm okay with.

11:55 p.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Thank you for that. It reminds me of an episode that happened. I think you were here then. You may have been on staff at that point, but it was when Mark Warawa was attempting to get to his feet to be heard on Standing Order 31, and I remember he was struggling to have his voice heard at S.O. 31s due to the subject matter.

I think he was recognized eventually. It was one of those things where I guess he had struggled to get to his feet each and every time someone stood up on a list, and he stood up and stood up, and I think finally Speaker Scheer did recognize him, if I'm not mistaken. I can't remember what came of that. I'm just asking if you remember that.

11:55 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Certainly I'd be happy to go back over the excellent work done by Speaker Scheer on that—

11:55 p.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

I'm sorry. I wasn't doing that disparagingly or in a partisan way. I thought it was a very interesting thing because it taught the whole House that, in fact, going from the list does not exist in the Standing Orders. If someone keeps standing up, at some point he's going to have to be recognized.

11:55 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Right.

This member, through the processes that we all know exist, sought the agreement of others to move forward with an S.O. 31, and he was discouraged from doing the S.O. 31 on that subject. He raised a point of order to the Speaker. Other members made interventions in support of his intervention saying that he should be able to bring this forward. The Speaker took that under advisement, and then the Speaker ruled that there was no breach of order because he hadn't been denied the right to speak. Effectively he still had the right to speak.

11:55 p.m.

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Yes.

11:55 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

The fact that he was not put on a party list did not deny him the right to the speak. There were other proposals for changes that were put forward.

I think the now Prime Minister, then leader of the third party, had said we should work through S.O. 31s on the basis of an alphabetical list, but the Speaker said, “No, because that would formalize the list, and the list isn't in the Standing Orders. Instead, we can call on whomever.”

I recall two instances, one with an S.O. 31 and one with a question, where government members, at the time of the Conservative government, were called on who were not part of the list. It was a question that was posed by Leon Benoit, who represented part of, though not most of, what is now my current riding. The camera immediately cut to the member who was next on the list. I was watching question period, as I always did. He began reading his question, and I think he was a good way, more than halfway, through it before he realized that although the camera had been on him—of course, he would have no way of knowing where the camera was—there was another member who was actually asking a question. That was a backbench question to the government. That happened once. There was an S.O. 31 given by Mark Warawa, as well. So, we have seen instances of this.

I don't know that we've seen instances of that in this Parliament.

Midnight

Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

No, I don't think so.

Midnight

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

There may have, hypothetically, been a member who tried to get the floor and was not given the floor, but I wouldn't want to go into the details of that incident.

Midnight

Liberal

The Chair Liberal Larry Bagnell

David Graham.

Midnight

Liberal

David Graham Liberal Laurentides—Labelle, QC

I just have a very quick comment. You reminded me of something that's a little bit of an aside, but I want to make sure it gets into the record somewhere before I forget: I want tally lights on the cameras in the chamber. It's something that's very easy to do. It's where a red light comes on to indicate which camera is live at that time. The multimedia guys can do it. It's come up in PROC numerous times over the years, but it's never been acted on. I'm just going to get it on the record, as it's now 552 hours p.m. and we're supposed to finish for the day. I wanted to get that on the record so we can discuss it again in the future.

Midnight

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Are we done already?

Midnight

Liberal

The Chair Liberal Larry Bagnell

We are. Already.

Midnight

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

But he just gave his introduction.