Citizenship and Immigration Committee on June 13th, 2013

[Michelle Rempel]

Madam Chair, again, pointing to relevancy on page 1049 of O'Brien and Bosc, I believe the committee recommended to the House on April 23, 2013, that it be granted the power to expand the scope of the bill during its consideration of Bill C-425 . Therefore, the committee is waiting for the decision of the House before further consideration of the bill. Therefore, the motion put in front of the committee is to extend the time in which the bill will be considered in order to accommodate exactly what my colleague is talking about. Therefore, given that she, according to my understanding, is agreeing with the content therein, I would also argue relevancy on her current line of debate.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

I will remind—

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

May I just speak to that point of order, Madam Chair?

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

On that point of order, go ahead.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Could I get clarification from my honourable colleague what it was she was reading and from where in O'Brien and Bosc?

[Michelle Rempel]

It gives me great pleasure, as a non-regular member of this committee, to talk to a regular member of committee about committee business—

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

I guess, Madam Chair, we shouldn't be—

[Michelle Rempel]

—which was referred to the House—

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

No, no, the member is not referring to the motion that is before us, but to the item or the line that you're reading—

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

The citation from O'Brien and Bosc.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

—from House of Commons Procedure and Practice.

[Michelle Rempel]

That's correct. It's from page 1049, as I've stated.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

Which paragraph is it?

[Michelle Rempel]

It's the top paragraph.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Is that under “Decisions of the Chair and Appeals”, Madam Chair?

[Michelle Rempel]

As I've read several times: In addition, the Chair may, at his or her discretion, interrupt a member whose observations and questions are repetitive or are unrelated to the matter before the committee.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Madam Chair, is it my understanding that my honourable colleague is repeating the exact same point of order?

[Michelle Rempel]

It's actually a new point of order, because each content point that has been brought forward today has been repetitive and irrelevant.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

Okay. You have the citation.

I would urge all members, when they have the microphone and when it's their turn to speak, to remember to speak to the motion that's on the floor. There is a certain amount of latitude, but you don't have complete latitude.

Carry on.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Thank you, Madam Chair.

Just for clarification, I guess for everybody, I will use my time to explain. I was explaining using my own words, but maybe it would be helpful if I used the words of O'Brien and Bosc with respect to motions of instruction, and what is going on here, and why what I'm talking about is extremely relevant.

The clerk knows what page I'm reading from:

Once a bill has been referred to a committee, the House may instruct the committee by way of a motion authorizing what would otherwise be beyond its powers, such as, for example, examining a portion of a bill and reporting it separately, examining certain items in particular, dividing a bill into more than one bill, consolidating two or more bills into a single bill, or

—here's the kicker, Madam Chair—

expanding or narrowing the scope or application of a bill. A committee that so wishes may also seek an instruction from the House.

That's the piece that is extremely relevant.

That is the exact same thing I had articulated using my own words, but maybe reading it straight out of O'Brien and Bosc helps.

What has happened is that the committee is now looking to report to the House after “expanding or narrowing”. So that's changing, which is what I've been saying all this time: it's changing. However, I'll use the exact words here: “expanding or narrowing the scope or application of a bill”.

It is clearly articulated in O'Brien and Bosc that it's something that is otherwise beyond the powers of a committee, and because this motion that is before us is requesting a report that is beyond the powers of this—

[Rick Dykstra, Conservative, St. Catharines, ON]

Madam Chair, a point of order.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

We have—

[Rick Dykstra, Conservative, St. Catharines, ON]

The relevance of the motion that is on the floor has nothing to do with the report that you're referring to.

You're talking about an argument we had, that was carried by this committee a number of weeks ago, in regard to expanding the scope of the bill. We received a decision from the legal clerk that the amendments were out of scope, and we had to go back to the House of Commons to seek the will of the House to be able to expand the scope of the bill that was agreed to by the member of Parliament.

You're speaking to that specific issue. That has nothing to do with the motion we are speaking about today.

Today is merely this motion, and I'm happy to read it again. This motion refers directly to the 30-day extension that a member of Parliament can ask for, or can seek, or can be requested by committee in order to ensure that his or her private member's bill has an additional period of time to be dealt with at the committee that the individual MP has suggested and recommended that the bill go to.

That's what this motion is about. There's nothing relevant about what you're talking about in terms of expanding the scope of the bill. That has nothing to do with this motion.

You've got to rule her to speak specifically to the motion, Madam Chair.

[The Vice-Chair (Ms. Jinny Jogindera Sims), NDP, Jinny Sims]

Just so everybody understands what it is we're here to debate, I'm going to read the motion to everybody. I know it's been—

[Rick Dykstra, Conservative, St. Catharines, ON]

Madam Chair, I recommend we vote on it, because we've already been here for a long, long, time.