moved:
I. That Standing Order 36(8) be amended to read as follows:
Except in the case of a petition referred to the Chief Electoral Officer pursuant to section (1) of Standing Order 36.1, every petition presented pursuant to this Standing Order shall forthwith be transmitted to the Ministry, which shall, within forty-five days, respond to every petition referred to it; provided that the said response may be tabled pursuant to Standing Order 32(1). In the case of a petition referred to the Chief Electoral Officer pursuant to section (1) of Standing Order 36.1, it shall be transmitted to the Ministry for response pursuant to this section only if the Chief Electoral Officer reports that it does not comply with Standing Order 36.1(1), or, if it complies, the motion pursuant to Standing Order 36.1(2) is defeated by the House.
II. That the Standing Orders be amended by adding new Standing Orders 36.1, 36.2 and 36.3:
36.1(1) At the request of the Member presenting a petition, or if no request is made at the time of the presentation of the petition, by any other Member giving notice in writing to the Clerk, a petition which has been presented in accordance with Standing Order 36 and which purports to be signed by two per cent of the persons entitled to vote in the last general election to the House of Commons may be referred to the Chief Electoral Officer, who shall determine within forty-two days whether the petition complies with this requirement by counting the signatures and verifying such proportion of them as is in his or her opinion reasonable. The Chief Electoral Officer shall make a report of his or her findings to the Speaker within the time specified, and such report shall forthwith be submitted by the Speaker to the House of Commons.
(2) If the report of the Chief Electoral Officer is that the petition complies with the requirement set out in section (1) of this Standing Order, immediately after the said report is submitted by the Speaker to the House of Commons, the Clerk of the House shall cause to be placed on the Notice Paper, a notice of motion for referral of the petitioners' prayer to a standing committee, which shall stand in the name of the Member presenting the petition or such other Member who requested that it be referred to the Chief Electoral Officer pursuant to section (1) of this Standing Order, as the case might be.
(3) When a notice given pursuant to section (2) of this Standing Order is transferred to the Order Paper, it shall be set down for consideration, and the House shall meet at 11:00 a.m. on the next Wednesday when the House is sitting, at which time the order of business shall be the consideration of the said notice. In the event that a notice or notices of motion for concurrence has been set down pursuant to Standing Order 124 for such day, or if other business pursuant to this Standing Order or Standing Order 36.2 has been previously set down for such day, it shall be set down for consideration, and the House shall meet at 11:00 a.m. on the following Wednesday when the House is sitting.
(4) When the House meets at 11:00 a.m. on any Wednesday pursuant to section (3) of this Standing Order, the House shall not consider any other item but that provided pursuant to that section, provided that: a ) if such proceedings are concluded prior to 1:45 p.m. on any such day, the Speaker shall suspend the sitting until 2:00 p.m.; and b ) all such proceedings shall be concluded except as provided pursuant to section (5)( b ) of this Standing Order at 1:45 p.m. on the same day.
(5) A notice given pursuant to section (3) of this Standing Order shall be taken up and considered for a period not exceeding two and one-half hours, provided that: a ) during the consideration of any such motion, no Member shall speak more than once or for more than ten minutes; and b ) unless the motion be previously disposed of, not later than the end of the said two and one-half hours of consideration, the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the said motion or motions, provided that any division or divisions demanded in relation thereto shall stand deferred until no later than the ordinary hour of daily adjournment in that sitting, when the bells to call in the Members shall be sounded for not more than fifteen minutes. Any remaining questions necessary to dispose of proceedings in relation to such motion or motions, on which a decision has been deferred until after the taking of such a division, shall be put forthwith and successively, without further debate or amendment.
(6) The provisions of Standing Order 45(5) shall be suspended in the case of any division demanded pursuant to paragraph ( b ) of section (5) of this Standing Order.
36.2(1) When a petition is referred to a committee pursuant to Standing Order 36.1, the committee shall, within sixty sitting days of the referral, report back to the House, provided that if no report is presented by the end of the sixty sitting days, the Member who presented the petition, or such other Member who requested that it be referred to the Chief Electoral Officer in accordance with Standing Order 36.1(1), as the case might be, shall be entitled to present a bill or motion to give effect to the petitioners' prayer within fifteen sitting days, and such bill or motion shall for all purposes be deemed to be the committee's report referred to in section (2) of this Standing Order.
(2) The committee's report shall be in the form of either a ) a bill for an Act which, if adopted by the Parliament, or b ) a motion which, if adopted by the House,
would give effect to the petitioners' prayer, and the committee's report to the House shall be deemed to constitute notice of motion or notice for leave to present the bill, as the case might be.
(3) The Member who presented the petition, or such other Member who requested that it be referred to the Chief Electoral Officer in accordance with Standing Order 36.1(1), as the case might be, shall be deemed to be the sponsor of the bill or of the motion prepared pursuant to this Standing Order in the House, unless the Member is a Minister of the Crown in which case it shall be considered to be an item of Government Orders.
(4) After forty-eight hours' notice, the Member sponsoring the bill, or a Minister, as the case might be, may introduce the bill during the daily routine of business and the House shall give it first reading in accordance with these Standing Orders.
(5) Notwithstanding any other provision in these Standing Orders, a bill that has been introduced pursuant to section (4) of this Standing Order by a Member who is not a Minister of the Crown, or a motion sponsored by a Member who is not a Minister of the Crown after forty-eight hours' notice upon the Member giving notice in writing to the Clerk, shall be placed on the Order Paper and shall be set down for consideration, and the House shall meet at 11:00 a.m. on the next Wednesday when the House is sitting, at which time the order of business shall be the consideration of the said bill or motion. In the event that a notice or notices of motion for concurrence has been set down pursuant to Standing Order 124 for such day, or if other business pursuant to this Standing Order or Standing Order 36.1 has previously been set down for such day, it shall be set down for the consideration, and the House shall meet at 11:00 a.m. on the following Wednesday when the House is sitting.
(6) Subject to paragraph ( b ) of section (8) of this Standing Order, when the House meets at 11:00 a.m. on any Wednesday pursuant to section (5) of this Standing Order, the House shall not consider any other item but that provided pursuant to that section, provided that: a ) if such proceedings are concluded prior to 1:45 p.m. on any such day, the Speaker shall suspend the sitting until 2:00 p.m.; and b ) all such proceedings shall be concluded except as provided pursuant to section (8)( c ) of this Standing Order at 1:45 p.m. on the same day.
(7) Notwithstanding any other provisions in these Standing Orders, but subject to the time limits set out in this Standing Order, a bill under this Standing Order shall be debated at second reading, and, if passed, it shall immediately be considered in a Committee of the Whole, which shall report to the House forthwith upon completion of its consideration, and the House shall immediately take up the report and third reading stages of the bill; provided that, unless the Committee of the Whole has reported the bill earlier, then fifteen minutes prior to the end of the time scheduled for consideration of the bill, it shall be deemed to have been reported without amendment. Standing Order 71 shall be suspended with respect to any bill considered pursuant to this Standing Order.
(8) A bill or motion set down pursuant to section (4) of this Standing Order shall be taken up and considered for a period not exceeding two and one-half hours, provided that: a ) during the consideration of the motions to adopt the bill at all stages or the motion, no Member shall speak more than once or for more than ten minutes; b ) in the case of a bill, if the said bill has not been disposed of prior to the end of the first ninety minutes of consideration, during any time then remaining, any one Member may propose a motion to extend the time for the consideration of any remaining stages on a second Wednesday when the House is sitting for a period of two and one-half hours beginning at 11:00 a.m., provided that
(i) the motion shall be put forthwith without debate or amendment and shall be deemed withdrawn if fewer than twenty members rise in support thereof; and
(ii) a subsequent such motion shall not be put unless there has been an intervening proceeding;
in the event that a notice or notices of motion for concurrence has been set down pursuant to Standing Order 124 for such day, or if other business pursuant to this Standing Order or Standing Order 36.1 has previously been set down for such day, it shall be set down for the consideration, and the House shall meet at 11:00 a.m. on the following Wednesday when the House is sitting; and c ) unless the bill or motion be previously disposed of, not later than the end of the said two and one-half hours of consideration, or not later than the end of two and one-half hours of consideration on the second Wednesday agreed to pursuant to paragraph ( b ) hereof, the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion or motions, provided that any division or divisions demanded in relation thereto shall stand deferred until no later than the ordinary hour of daily adjournment in that sitting, when the bells to call in the Members shall be sounded for not more than fifteen minutes. Any remaining questions necessary to dispose of proceedings in relation to such motion or motions, on which a decision has been deferred until after the taking of such a division, shall be put forthwith and successively, without further debate or amendment.
(9) The provisions of Standing Order 45(5) shall be suspended in the case of any division demanded pursuant to paragraph ( c ) of section (8) of this Standing Order. 36.3 No vote taken in the House pursuant to Standing Orders
36.1 or 36.2 shall be deemed to involve a question of the confidence of the House in the Ministry or a Minister, unless the Bill or Motion is considered to be an item of Government Business pursuant to section (3) of this Standing Order.
III. That the Clerk be authorized to make consequential amendments to the Standing Orders.
Madam Speaker, in addressing the House today on petitions I want to start by saying several things about the democracy within which we live. There are many concerns in the country about the ability to take concerns to the House of Commons to be heard and to get action taken. Petitions is one of the few ways that citizens can sign a document, send it to the House of Commons, have it read in the House of Commons, and get some action taken.
The unfortunate thing about petitions is getting the action taken. I just submitted three petitions today. Two were on Bill C-23 which the government has already disposed of and really did not listen to it. The other one was about changing the age of consent from 14 to 16 years for consensual sex. That will fall on deaf ears. A letter will go back to the person who initiated the petition saying so sad, too bad, try again some time.
I will give a brief background about petitions and what they are used for. The petition process was first introduced into the Alberta legislature by Jim Gurnett, an NDP member for Spirit River. Those particular concepts upon which this motion is debated were eventually brought into the House of Commons by Ross Harvey, another NDP member for Edmonton East in 1992 under Motion No. 89.
Let us not make the wild assumption that I am following the dialogue and prospectus of any bill in which the NDP would be interested, but where it comes down to the input as a democracy I think those two gentlemen had the right idea.
In the United Kingdom the right of petitioning the crown and parliament for redress of grievances dates back to the reign of King Edward I in the 13th century. Citation 666 of Beauchesne's fifth edition at page 209 says the following about petitions:
The right of petitioning the Crown and Parliament for redress of grievances is acknowledged as a fundamental principle of the constitution and has been exercised without interruption since 1867.
The difficulty with petitions in this land is that they fall on deaf ears once they reach the House of Commons. Virtually everybody in the House has submitted petitions. Many of them have been very good and informative petitions that we want to go somewhere.
The current process is that they are presented by members of the House under Standing Order 36. Then the government tables a response in the House and sends the response to the first name on the petition. Even if 40,000 people signed it, only one person would get a response. That is the end of the deal.
The only way a petition can be referred to a committee is with a show of unanimous consent, which is something that almost never happens in the House of Commons. Basically it does not even go to a committee for study, which is sad indeed.
When we debated whether or not the particular motion should be votable, it is unfortunate that even the subcommittee on Private Members' Business decided not to support it as a votable motion. I believe the issue has a great deal of support in the House of Commons. It is sad that it will never get to any further action than what is said here today.
What was I proposing in the motion? Let us see how harmful it is, if it is at all. If hon. members had 3% of eligible voters on a petition, which is approximately 550,000 people, it would ultimately get to be a votable resolution in the House. It is as simple as that.
I could go through a lot of the other details, but the primary point is that people in our country see it important enough to physically take a petition around their areas, their cities, their communities and their provinces. They see it important enough to take it door to door. Those who see the issue as important enough to sign a petition should have some way of seeing it followed through by their representatives in the House of Commons.
This is not happening today. If someone signs a petition it basically goes nowhere. It comes into the House. We say we have a petition and have about 15 seconds to read the darned thing, and there it dies.
The government might say that it looks at the petition and considers it in legislation, but let us face it: since I have been in the House I have not seen a petition that has really affected a piece of legislation. Major bills have come forward such as the Young Offenders Act; Bill C-68, the gun control bill; and Bill C-23, the recent modernization of benefits. All of them had substantial petitions from across the country with hundreds of thousands of names. They have come into the House and nothing has happened with them.
As politicians we hear from people who say that they feel strongly about an issue. They want to get a petition together and ask for help in wording it. They want to take it door to door and make a change in Canada. I do not even have the heart to tell them that the other half of the process is that I will take it to the House and read it for 15 seconds. Then I will sit down and it will die. It is not a good process whatsoever.
The motion is not votable. I stand here today on a non-votable issue only to get my point across. What we need is all parties in the House to say that the process is not working. We need to be able to effect change by the will of a majority of people who care about it. In effect that is called citizens initiative. We talk about citizens initiative. That is what a petition really is. It is a citizens initiative to invoke change.