Evidence of meeting #46 for Public Safety and National Security in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was activity.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Allen Sutherland  Assistant Secretary, Machinery of Government, Privy Council Office
John Davies  Director General, National Security Policy, Department of Public Safety and Emergency Preparedness
Nancy Miles  Senior Legal Counsel, Privy Council Office
Heather Sheehy  Director of Operations, Machinery of Government, Privy Council Office

3:30 p.m.

Liberal

The Chair (Mr. Robert Oliphant (Don Valley West, Lib.)) Liberal Rob Oliphant

Good afternoon. I call to order the 46th meeting of the Standing Committee on Public Safety and National Security for the consideration of Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts.

We thank you, officials, for joining us today.

From the Privy Council Office, we have Mr. Allen Sutherland, Ms. Heather Sheehy, and Ms. Nancy Miles, senior legal counsel. As well, from the Department of Public Safety and Emergency Preparedness, we have John Davies.

Thank you for joining us.

We also welcome independent members to the committee today; we're very pleased that you're with us.

Welcome to this meeting of the Standing Committee on Public Safety and National Security.

Today we are beginning our clause-by-clause consideration of Bill C-22, and I'm going to warn the committee at the beginning that I'm going to be going slowly through today's meeting and through the amendments we have received to make sure that we give due consideration to the amendments and that we're understanding the process as we go. Because the committee has only done one clause-by-clause study before, and it was somewhat less complicated than this bill with the number of amendments we have, I want to review the process.

I'll just remind the committee that we have help with our legislative responsibilities with legislative clerks—we thank you for joining us today—as well as our usual clerk, who will keep me in order.

I'd like to provide members of the committee with a few comments on how committees proceed with clause-by-clause consideration of a bill.

As you would know and as the name indicates, this is an examination of each and all of the clauses in the order in which they appear in the bill, unless you choose otherwise.

I will call each clause successively, and each clause is subject to debate and a vote. If there are amendments to the clause in question, I will recognize the member proposing each amendment, who may explain it. The amendment will then be open for debate. When no further members wish to intervene, the amendment will be voted on.

Amendments will be considered in the order in which they appear in the package that each member received from the clerk. If there are amendments that are consequential to each other, they will be voted on together.

Just as a reminder, we received a package of amendments that have come in from various members of the House of Commons to our committee; however, other amendments are allowed as we proceed; we're aware of that as well.

In addition to having to be properly drafted in a legal sense, amendments must also be procedurally admissible. I as chair may be called upon to rule amendments inadmissible if they go against the principle of the bill or beyond its scope, both of which were adopted by the House when it agreed to the bill at its second reading, or if they offend the financial prerogative of the crown.

If you wish to eliminate a clause of a bill altogether, it is inappropriate to propose an amendment to the bill to remove a clause. If you want to remove a clause altogether, the proper course of action is to vote against the clause when the time comes, not to propose an amendment to delete it.

As I said, since this is only the second time our committee has been tasked with a clause-by-clause examination, I will go slowly to allow all members to follow the proceedings properly. If you have questions, do not be afraid to ask me, and then I will ask someone who knows, who is probably our legislative clerk at that point.

During the procedure, if the committee decides not to vote on a clause, that clause can be put aside so that the committee can revisit it later in the process.

As indicated earlier, the committee will go through the package of amendments in the order in which they appear and vote on them one at a time. Amendments have been given a number—it's in the top right-hand corner of each page—to indicate which party submitted them.

There's no need for a seconder when moving an amendment. Once it has been moved, you will need unanimous consent to withdraw it; however, you do not need to propose it, even if it is in the package.

During debate on an amendment, members are permitted to move subamendments. These subamendments do not require the approval of the mover of the amendment. Only one subamendment may be considered at a time, and that subamendment cannot be further amended.

When a subamendment is moved to an amendment, it is obviously voted on first. Then another subamendment may be moved, or the committee may consider the main amendment and vote on it at that time.

Once every clause has been voted on, the committee will then vote on the title, the bill itself, and an order to reprint the bill, which may be required if amendments are adopted, so that the House has a proper copy to receive at report stage.

Finally, the committee will have to order the chair to report the bill to the House. That report contains only the text of any adopted amendments as well as an indication of any deleted clauses.

I think the most difficult thing for me in clause-by-clause examination is the fact that if we take a certain action on an amendment at one point, it has effects consequentially, down the line. That may mean that an amendment is not able to be moved later in the process because we've already dealt with something that would nullify its effect. I will be trying to signal that to you as we go, on each of the amendments. For me, when I've done clause-by-clause study before, that has always been the trickiest part. You have to pay a lot of attention to what you're voting on. You may have forgotten that there's an amendment later that we will not be able to consider because it is consequential to what has happened already in the meeting.

I'm thanking you in advance for your patience with me and for your attention as we set out to have a very productive meeting. I am hoping for a very good and thorough consideration of what I think is an extremely important bill for this House to consider.

Are there any questions about that before we begin?

3:35 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Chair, I notice that we have some honourable guests at the committee in Ms. May and Monsieur Boudrias. Will you be addressing their status at committee?

3:35 p.m.

Liberal

The Chair Liberal Rob Oliphant

Any member of Parliament is welcome to come and present amendments at this meeting. We passed a motion earlier that enabled them, and actually required them, to be here at the table today. They are full members of the House of Commons and are able to do that.

I will just acknowledge that the amendments that have been submitted are deemed moved, because they have that right, but they are allowed to comment on them as they are proceeding.

Madam May.

3:40 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

I appreciate that, Mr. Chair, and I appreciate Mr. Mendicino raising the point.

With regard to the status of members who are not members of recognized parties, my position is that I would vastly prefer not to be required to be here to submit amendments. If you'd not passed the motion that you passed, I would have had the right to submit my amendments at report stage. For members in positions such as mine, report stage is a good time to do such amendments, because you can present them in the full House and there aren't conflicts.

I would signal now, Mr. Chair, that I will have conflicts. Because my motions are deemed, when I leave, the motions will go forward without my being here. This remains controversial. The Speaker has decided that it accommodates the rights of members in parties with members fewer than 12. Personally, I find it onerous. I wish that this route, as it was invented by Mr. Harper, hadn't been taken by the Liberals.

Thank you.

3:40 p.m.

Liberal

The Chair Liberal Rob Oliphant

Are there any other questions?

We will proceed.

As a reminder, we will not deal with clause 1. Pursuant to Standing Order 75(1), we will deal with clause 1 at the very end of the proceeding, when everything else has been voted on, as a final act of clause-by-clause consideration.

Turning first to clause 2, I want to call members' attention to two options we have with respect to dealing with clause 2. We have received two motions, amendment motions LIB-1 and LIB-2, with respect to clause 2.

Before they're moved, I just want you to consider that the committee can decide by a motion to stand clause 2 and leave it until we come to the very end. If the committee decided to do that, the reason would be that amendments LIB-1 and LIB-2 would automatically put amendment LIB-10 into play, and it would then be deemed to have been moved and approved, changing clause 15.

If we do that, then amendment CPC-7 would not be admissible to be heard, because it would be in contradiction with LIB-10.

We have two options. Option one is to stand clause 2 and leave it to the end, thus allowing us to go on to clause 3, and then we would hear amendments LIB-1 and LIB-2 at the end of the meeting. Option two is that we could hear amendments LIB-1 and LIB-2 now, which would then take clause 10 into consideration and negate amendment CPC-7.

It is your decision whether you would like to do that. I don't need unanimous consent; I could have a motion to stand clause 2 until the end so that we could deal with all related motions further on in the meeting.

November 29th, 2016 / 3:40 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

I so move.

3:40 p.m.

Liberal

The Chair Liberal Rob Oliphant

Mr. Clement moves that we stand clause 2 until later in the meeting.

Is there any discussion on that?

(Clause 2 allowed to stand)

We are going to stand clause 2 in a wonderful, harmonious action of making sure that amendment CPC-10 is actually heard.

We move now to clause 3. We have no amendments to clause 3.

(Clause 3 agreed to)

(On clause 4)

This will be a fast meeting.

Moving to clause 4, we have received one amendment.

Would someone like to move that amendment?

3:40 p.m.

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Thanks, Chair. I'll leave it unmoved in favour of a later, similar amendment that we prefer.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Okay.

Are there any other amendments to clause 4?

Is there any discussion on clause 4?

(Clause 4 agreed to)

(On clause 5)

Moving to clause 5, there are a number of proposed amendments.

We'll begin in the order that you have received them. Amendment CPC-1 would be moved first, if it is going to be moved, followed by LIB-3, LIB-3.1, CPC-2, and BQ-1.

3:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Chair, just before we proceed, at this time I would like to introduce an additional amendment. Just to give members of the committee some time to reflect on the language, I wonder whether I could have this proposed amendment circulated now. Then, when we come to it in the proper sequence under consideration of clause 5, we can vote as the committee sees fit.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Is it in both languages?

3:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

It is, as a matter of fact.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Okay. Thank you.

3:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Thank you.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

We now have LIB-3.1 in front of us. It's “3.1” because it comes between 3 and 4.

Before we consider LIB-3.1, however, or LIB-3, we would entertain someone moving CPC-1.

3:45 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

I so move.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Mr. Clement moves CPC-1.

Would you like to comment on that, Mr. Clement?

3:45 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

This makes it clear that there's a process for the government party to recommend its members, but there's also a process for the parties that are not the government party. It would go to the leader of that party, after consultation with the Prime Minister.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Is there any discussion?

Go ahead, Mr. Rankin.

3:45 p.m.

NDP

Murray Rankin NDP Victoria, BC

We would certainly support that amendment, Chair. We would point out that it's entirely consistent with the 1981 report of the McDonald commission. Paragraph 38, page 897, is exactly in line with what Mr. Clement has proposed.

3:45 p.m.

Liberal

The Chair Liberal Rob Oliphant

Go ahead, Mr. Mendicino.

3:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

While I don't doubt the accuracy with which Mr. Rankin has cited the McDonald commission report, I do take issue with whether or not this proposed amendment is consistent with the object and the purposes of this bill.

To be specific, if this amendment were to be passed, the Prime Minister would no longer have full responsibility or accountability for recommending appointments to the committee. As this committee is an extension of the executive, which would report to the Prime Minister and the Prime Minister's Office, it would be contrary to the purpose of this bill.

3:45 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

I must disagree with that. This is a parliamentary oversight committee. It was specifically designed to allow Parliament to pierce the veil of the executive branch. It was specifically designed for that purpose. My amendment is actually more consistent with that than the original drafting of the bill.

3:45 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

I must say that I'm inspired by Mr. Clement's conversion since the last session in being a strong advocate for parliamentary oversight. However, this committee is independent insofar as the parliamentarians who sit on this committee will fulfill their purpose and their responsibilities independently, but it is still a statutory creature that will report to the Prime Minister. Passing this amendment runs contrary to that, and that is why I'm against it.

3:50 p.m.

Liberal

The Chair Liberal Rob Oliphant

Go ahead, Mr. Dubé.