I am now ready to rule on a point of order raised by the hon. member for Fraser Valley East on Monday, October 28, 1966 concerning the status of the hon. member for Wild Rose as a substitute member of the Standing Committee on Justice and Legal Affairs.
I thank the hon. member for Fraser Valley East for raising this matter and the chief government whip for his contribution to the discussion.
This matter was first brought to my attention on Tuesday, October 22, 1996 by the hon. member for Wild Rose. At that time he described to the Chair how he had been selected as a substitute from the Reform Party's list of associate members for the Standing Committee on Justice and Legal Affairs and in that capacity attended the meeting of the committee on Monday, October 21, 1996. The hon. member claimed that he had attempted to give notice of a motion but was ruled out of order by the chair on the basis that he was not a regular member of the committee. The member indicated that he had sought a resolution to this matter within the committee and had not been successful.
The matter was raised a second time, on October 28, by the hon. member for Fraser Valley East. In his presentation, he argued that, as a duly selected substitute pursuant to Standing Order 114, the member for Wild Rose should have been permitted to give notice of his motion notwithstanding the committee's internal rule requiring 48-hour notice for consideration of new business.
Having examined the arguments put forward, I find it appropriate in this instance to offer some clarification.
The Standing Orders provide a mechanism whereby members who are associate members of a committee can become substitutes for regular members of the committee at a particular meeting. I have looked carefully at the wording of the relevant Standing Orders and in the case before us, it is clear that the requirements were met and the member for Wild Rose was acting as a bona fide substitute member of the Standing Committee on Justice and Legal Affairs for the meeting on October 28, 1996.
There is no doubt in the Chair's mind that substitute members should be considered on an equal footing with permanent members for the period of substitution. This status must remain unaffected by any internal rules adopted by a committee for its own convenience, otherwise committees risk having two classes of members at the committee table.
In my ruling on June 20, 1994 at page 5,583 of the Debates , to which the hon. member for Fraser Valley East also made reference, I pointed out that:
While it is a tradition of this House that committees are masters of their own proceedings, they cannot establish procedures which go beyond the powers conferred upon them by the House.
Committees have found it efficient to establish their own internal procedures such as the 48-hour notice requirement concerning new items of business that was adopted by the Standing Committee on Justice and Legal Affairs at its organization meeting on March 12, 1996. I would encourage members involved in committee work to bear in mind that such internal rules and procedures should not be crafted in such a way as to diminish the role of substitute members whose ability to fully function in the committee is a status conferred on them by the House.
There have been difficulties with the understanding of rules and practices regarding substitute members of committees and this is why I found this a suitable opportunity to give my views on the matter.
In the past I have referred to the longstanding practice of the House that the Speaker will not intervene in procedural matters arising in committee. Bearing in mind what I have said, I trust that the members of the Standing Committee on Justice and Legal Affairs and the hon. member for Fraser Valley East can reach some accommodation in this particular matter. I hope that my statement
today will be of assistance to members and everyone concerned with the work of committees.