Mr. Chairman, our proposed amendment raises an issue which is certainly more fundamental, and the debate on the bill provides an opportunity to discuss the participation of parliament, especially of the House of Commons, in the conclusion and the implementation of treaties.
This is an important issue, since it raises the question of the role of elected representatives and of the House of Commons as a whole in the conclusion of treaties. The treaty to be implemented was negotiated and concluded by the executive branch and it will be signed and ratified by the same, without parliamentarians and the House of Commons having truly taken part in the process.
Since clause 20 sets out that this convention will be amended, and that subsequent to the amendment changes to the legislation can be made by order, it seemed worthwhile to debate the role of Parliament and to ensure that Parliament is involved in approving a treaty which would amend this new convention on anti-personnel mines, even before the Government of Canada moves to accept such an amending treaty.
We would therefore like to see this bill include parliamentary participation and a debate in Parliament before the government accepts an amendment to the treaty. We therefore propose that this clause be amended. This would be an amendment which might significantly the practice of treaty approval, which in Canada is totally inconsistent.
It is a practice in which the House of Commons has no significant participation, and other parliaments could serve as an example, such as the Parliament of the United Kingdom which has for some years now been more actively involved in discussion and debate around treaties which the executive plans to sign and ratify on behalf of the government.
This is therefore an opportunity to stir up debate and to find out the Minister of Foreign Affairs' position on this question and whether he wants Parliament to be more involved in the treaty process.
I therefore move that:
That Bill C-22, in Clause 20, be amended by replacing lines 18 to 24 on page 9 with the following:
“Amendment to the Convention
- Where an amendment to the Convention is adopted at an Amendment Conference under Article 13 of the Convention, ( a ) the Minister shall cause the amendment to be laid before Parliament within fifteen days after it is adopted by the Amendment Conference; ( b ) on approval of the amendment by Parliament, the instrument of acceptance by Canada shall be deposited with the Depositary; and ( c ) the Minister shall, by order, amend the schedule to this Act accordingly and shall cause the text of the amending order to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made.”