Mr. Speaker, I rise on a point of order in regard to a motion I placed on the Order Paper. The motion is as follows:
That, in the opinion of this House, a message be sent to the Senate respectfully requesting a free conference with Their Honours to consider the issue of the relationship between the two Houses of Parliament with respect to the accountability process for the main estimates.
My point of order will address the issue of where the motion stands on the Order Paper. I do not feel it should be the subject of a private member's motion but a matter that can be moved under Routine Proceedings under Motions. I will also address the issue of the necessity of a procedure that has fallen into disuse.
I understand that historically conferences with the Senate are to work out disagreements with respect to legislation. In fact it is part of the legislative process. However this is the first time that the Senate has been asked to account to this House for its spending. Consequently it is the first time there has been a disagreement or misunderstanding on how to proceed in this matter. There is no mechanism nor are there any references to meetings with the Senate on this issue. That is why a free conference may serve the purpose.
As you are aware, Mr. Speaker, messages sent to the Senate are usually made under Motions. In addition there is the definition of section (p) of Standing Order 67 which describes motions that can be made under Routine Proceedings. These motions are for the maintenance of the House's authority and "the management of its business". My motion is such a motion.
The estimates of the Senate are not an issue of ministerial responsibility, which I will explain further, but are a matter of the Senate as a whole and consequently a matter of this House as a whole. If this House needs to take action on such issues, then there should be a quick mechanism through which it can take that action.
We need this conference to manage our business of supply and maintain the authority of the elected House. The deadline to deal with the estimates is June 21 or possibly earlier. We are under a deadline and we need to get together with the Senate soon.
I refer you, Mr. Speaker, to Beauchesne's sixth edition, citation 745 which states:
Either House may demand a conference-to communicate resolutions or addresses to which the concurrence of the other House is desired-
Citation 746(3) states: "The free conference is a meeting of managers attempting, by discussion, to effect an agreement between the two Houses".
Although citation 748 of Beauchesne's says that conferences between the two Houses are now obsolete, a motion for a free conference with the Senate is still on our books. It can be found in Standing Order 67(1)(h).
Citation 750 of Beauchesne's makes a qualifying point:
While still theoretically possible under the Standing Orders, both the conference and the free conference have been effectively replaced by the exchange of Messages between the two Houses and the attendance of Ministers at the committees of both Houses.
Citation 751 goes even further:
What may be described as less open and ostensible means of communication arise from the fact that representatives of the government sit in both Houses, so that every public question is presented by the executive to both Houses-
As I mentioned earlier, the matter of the estimates of the Senate is not a matter of the government. It is not the Leader of the Government in the Senate who is responsible. The responsibility lies with the Senate as a whole. It does not matter if ministers from this House attend Senate committees or that a minister sits in the other place.
This is a unique situation. The arguments set out in citations 750 and 751 do not apply because ministerial accountability does not apply in this case. The use of a free conference is therefore justified and suitable to this particular issue.
Since it is a matter respecting the authority of the House or lack thereof to consider the management of its business, it is therefore a matter to be considered under Motions. I understand that it has been a long time since such a conference has been sought. However with respect to the relationship of the two Houses regarding the main estimates in modern times, it is fitting that an archaic rule will be necessary to attempt to bring the accountability practices of the Senate from the 1880s to the 1990s.
In conclusion, I view this situation as a very serious one. Outside of voting down the funds of the Senate, we in this House are virtually powerless to do anything about the issue of the main estimates of the Senate.
I would like to give this process another chance. We need to come to some agreement with the Senate so that the public can have confidence in this institution and the way it accounts for the spending of their money.