Mr. Speaker, I rise on a question of privilege pursuant to notice given earlier today. The background to my point of privilege flows from the following events in the House.
First, on November 4 the House unanimously adopted the 13th report of the Standing Committee on Procedures and House Affairs. Second, on November 5 certain members of the House spoke to a point of order raised by the member for Surrey Central. In a ruling later that same day it was noted that recommendations Nos. 1, 2, 3, 4 and 6 required substantive amendments to the standing orders and required various technical interpretations.
Subsequently the Clerk was asked to draft proposed amendments to implement recommendations Nos. 1, 2, 3, 4 and 6 of that report and submit that draft to the House leaders.
It is my submission that submitting the redrafted standing orders concerning Private Members' Business to the House leaders is a breach of my privileges as a member of this House.
The matter of Private Members' Business as noted in the report as adopted at page 7 reflects on the non-partisan and non-governmental nature of Private Members' Business.
Mr. Speaker has implemented this principle of non-partisanship by ordering the implementation of recommendation No. 5 dealing with the conducting of a vote on Private Members' Business.
As an extension of this principle, I must ask for the implementation of recommendations Nos. 1, 2, 3, 4 and 6 by reference to members of this House and not by submitting a draft to the House leaders.
If the spirit and intent of the non-government and non-partisan nature of Private Members' Business is to be upheld, only the members of this House may pronounce on them. No intermediaries, such as House leaders, should be consulted since by reference to House leaders of the redrafted standing orders my privilege as a member of this House, certainly during private members' hour, is being directly affected.
My privileges exist by virtue of the office of member of this House and no individual or entity, corporate or political, may intervene save and except this House itself.
Since the House unanimously adopted the 13th report concerning Private Members' Business, the House must also pronounce on the redrafted standing orders.
I suggest that to refer these redrafted standing orders to the House leaders is a breach of my privileges as a member of the House in that it removes my right to examine, study, speak and perhaps vote on these important changes to the standing orders.
Standing orders, as we know, are the rules and regulations which the House has agreed on for the governance of its own proceedings. It is noted in Beauchesne's sixth edition at paragraph 9 on page 5:
All rules are passed by the House by a simple majority and are altered, added to, or removed in the same way.
That paragraph also refers to the role of the standing committee on procedure in being a permanent source of recommendations for changes to standing orders. What is of interest to me is that there is no mention of reference to government House leaders.
Briefly, these changes to the standing orders are for private members' hour. Therefore to refer these proposed changes to the House leaders is to put into the hands of five people the possible fate of the rule change recommendations which were adopted in a report by the House.
In short, the House leaders may never agree and hence they may never return to the House.
Beauchesne's also notes on page 5, paragraph 9:
There is no procedural reason why any Member cannot introduce a motion to alter the rules—
I therefore suggest that a prima facie case of privilege exists and with Mr. Speaker's permission I would like to move a motion.