Mr. Speaker, I want to bring a procedural matter to your attention.
Bill C-68 was tabled on February 14 with a royal recommendation. The Standing Committee on Justice did not rule a government amendment calling for the appropriation of funds from consolidated revenues out of order. However, on June 5, 1995, the chairman, the hon. member for Notre-Dame-de-Grâce, ruled a series of amendments moved by the member for Hamilton Mountain on behalf of the member for Fredericton-York-Sunbury out of order as an expenditure of funds that would be necessary to affect the provisions.
On June 1, 1995, the vice-chairperson, the member for London West, with what appears to be without advice from the clerk of the committee, permitted clauses 98, 99, 100, 101, and 101.1 to be amended to replace certain duties of police officers in making the duties of firearms inspectors.
The parliamentary secretary stated that while police officers will also in some cases carry out the function of inspectors, in some areas the police are fully employed at present. These officers do not have the luxury to assume additional demands on their time. In those circumstances, inspectors will be hired and trained to enforce the Firearms Act.
I quote from the transcript of the committee proceedings:
Inspectors wouldn't be police officers. They may be in some smaller communities where the police officer could do this role, but in most communities the police officers' time is so taken up right now that to give the police officers these additional tasks would not be reasonable. In most cases they would be separate. New inspectors would be hired and trained to fulfil the role.
Obviously this new provision in the bill will result in an expenditure of funds. The Governor General has not provided the House with the required recommendation in this regard. I would quote from citation 598 of Beauchesne's:
No cases can be found of any private member receiving the authority of the Crown to propose a bill or motion involving either the expenditure of public money or an increase in taxation.
The royal recommendation included in Bill C-68 did not contemplate the appropriation of public revenue for the expenditure outlined in the government amendments G-41, G-42, G-43, G-44, and G-46.
Furthermore, the Constitution Act of 1867, section 54, states:
It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in Session in which such Vote, Resolution, Address, or Bill is proposed.
I will not take the time of the House, but I could also quote from citations 595 and 596 of Beauchesne's, which also verify this requirement.
The first government amendment was not ruled out of order by the vice-chair of the committee. Whether that was due to lack of experience or the lack of procedural advice from the clerk is no longer at issue here. With respect, what is at issue is Bill C-68, as reported to this House on Wednesday, June 7, 1995, is not lawful.
Mr. Speaker, I ask you to review the minutes of the committee to verify that what I have presented to you is absolutely correct and accurate.
I have one short additional comment. This bill was reported yesterday. The government has not even seen all of the amendments. Therefore, Mr. Speaker, I bring two points to your attention. Drafters have not had time to draft amendments, so they have not all been tabled. In spite of this, the government has moved time allocation and closure on this bill. If this is not illegal, it is certainly immoral.
Second, I believe that it is not only imperative but it is your duty, Mr. Speaker, to not permit debate on Bill C-68 until you have ruled on this matter.
