Mr. Speaker, while this motion is in no way, shape or form intended to restrict the committee in doing its work, it only asks that the committee report back here and if it has not done so, that it be deemed to have done so by a certain date.
Reform raised this point of privilege some weeks ago when the House reconvened. On September 23, 1996 you ruled, Mr. Speaker, that the matter was not a matter of privilege:
Since hon. members and the House have a remedy to their grievance I cannot find that the decision taken by the committee has prevented members from expressing their opinions or attending to their parliamentary functions.
Instead, Mr. Speaker, you viewed this as a substantial grievance and you pointed to a mechanism to resolve this matter:
However, should the House be of the opinion that the bill has remained with the committee too long it can look into the matter.
With respect to the committal of the bill a motion can be placed under the rubric motions. That is your ruling, Mr. Speaker.
This is precisely what the hon. member for Crowfoot has done. He did so because private members need to resolve this particular matter. This matter is important to the private member because it represents the larger question of whether a private member can present an alternative when faced with the disapproval of the government leadership.
If this motion is not pursued at this time and, for example, is transferred to Government Orders, the answer to the above question would therefore be no.
If it is to become a government order then only a cabinet minister will be able to continue the debate on this matter of a private member's business, and that would be a dangerous precedent. We, as private members, sent Bill C-234 to committee. We, as private members, should be able to cause a vote to take place on this motion.
A thorough majority of the private members of this House have had no real input into the discussion. This does not necessarily mean that the majority wants the motion to be taken away and buried. We, as private members, may want to continue the debate on another day. If this issue is transferred, for example, to Government Orders, we allow the government to hide behind a technicality as raised by the chief government whip, which is how we got into this mess in the first place, and the government has now become involved in Private Members' business and impeded the process through a procedural trick. We cannot allow that to happen in this House.
Mr. Speaker, I refer you to Standing Order No. 1:
In all cases not provided for hereinafter, or by other Order of the House, procedural questions shall be decided by the Speaker or Chairman-
I would also refer you to Beauchesne's sixth edition, citation 1002 and 1006. These citations explain how it is the responsibility of the Speaker to carry out and arrange for scheduling as well as to determine priorities for Private Members' Business.
This is the first time that we have had such a motion in this House with regard to this issue. Mr. Speaker, not only is it within your power to set a practice but it is your responsibility to ensure that a matter of Private Members' Business remains a matter of Private Members' Business.
This motion must be allowed to remain before the House under motions so that a private member can resume that we can continue the debate. Another option is to consider transferring the motion to Private Members' Business as a votable item. In any event, we voted freely to have Bill C-234 referred to committee and we should vote freely to have Bill C-234 reported to the House.
As private members and particularly as private members in a minority situation, we must be protected by the rules and we must be protected from government domination.
The responsibility of deciding this issue rests with you, Mr. Speaker. I urge you to rule once again on the side of the private member.