Madam Speaker, actually I am sure the member knew that quite well, but there is some hesitancy on the other side of the House to want to acknowledge that in fact we have advanced the opportunities of backbench MPs and we have advanced private members' business.
There seems to be a theme of the criticism coming from the opposition that it wants to demean the opportunities of being a member of parliament. It wants to demean the fact of members of parliament having all kinds of opportunities. The very opportunity to speak in this place is an enormous opportunity that other Canadians do not have.
Coming back to my theme, and it is relevant to the Speech from the Throne because the throne speech is all about where parliament is going in the near term, where I will lead in my speech is to the fact that indeed there is going to be a new incentive and new efforts to expand private members' business.
Let me return to the history because it is very important to understand that expanding private members' business and having free votes is not as easy as it seems. In theory it seems great; in fact it is very difficult.
As the members on the opposite side will know only too well in the matter of free votes, it took them years before their leaders would allow them to have free votes on private members' business. We could see that on this side because they always voted in unison on private members' business, always in unison, and surely there would be some dissent on that side, one or two, but no, it was always the same.
On this side of course there were MPs who would support opposition private members' bills, and opposition private members' bills actually did pass. I remember there was one from the Bloc Quebecois dealing with the medical use of marijuana. That was an opposition private member's bill and it passed.
It received support from the backbench MPs here. It had nothing to do with the cabinet. It had everything to do with the backbench MPs on this side recognizing that an opposition MP had an excellent bill and that it should be supported, and it was supported.
On this side of the House I remember a Liberal member introduced a private member's bill that determined that those who would deliberately circumvent the Access to Information Act should be subject to a fine and even jail term. That succeeded. It was riding of Brampton West—Mississauga and that was a major step forward.
That did not occur prior to 1990. It just did not simply happen. The opposition, particularly the Canadian Alliance alias the Reform or however we say it, has never been willing to recognize that because it is not in its interest.
Private members' business and free votes brings with it significant problems. Also, introducing private members' bills that have real substance brings in significant problems. The reality is that individual members do not have the resources of government or even the resources of an opposition party to do the kind of due diligence on a weighty subject pertaining to private members' business that perhaps has to be done.
What happens and what we have found on all sides of the House is that the member may advance a very important private member's initiative and the government and the bureaucracy may genuinely find problems that have not been considered.
We wind up with a situation where the government knows that the bill has a very negative impact that the member is not considering. So the government is opposed on the advice of the bureaucracy in the Department of Justice.
Yet the backbench MPs on this side not considering it in the kind of depth that the government is considering the issue and the opposition MPs wanting to encourage a private member's initiative on this side or that side, what happens in the end is that the private member's bill, and several have actually done this, can get through the whole process because it is free votes on this side and get through third reading and actually go on to the Senate and be fundamentally flawed.
This was a problem that those of us on this side who were very interested in private members' business did not anticipate. The Senate on a couple of occasions blocked private members' bills that had passed this House. This is a very significant step because the Senate is not entitled to block a government bill. It can return a government bill to the House for amendment but it cannot actually stop it. The Senate has actually blocked private members' bills.
I would say that what we are looking at here is a very important opportunity for the Senate because I think it is very important to give private members lots of opportunity to bring in bills of significance and substance; but there has to be a check somewhere. Somebody has to do the kind of due diligence that the member himself cannot do and that other members are unlikely to do.
This is another reality about private members' business. When a private member submits a bill, and it is in second reading debate and then it comes to second reading vote, often members want to support that bill on all sides of the House simply because they want to support a private member. They want to support initiatives that come from backbench MPs, be they on this side or that side. What happens is then private members' legislation can escape through the House of Commons and it may not be as well thought out as it should be.
So what I hope in the future is that we will see significant activity on the part of the Senate in examining private members' legislation that reaches the Senate so that the bills, if they do get royal assent, are really bills that will help Canadians and are of value to the nation.
In the free votes I was mentioning that is a problem too, because the fact of the matter is that many members do not study the private members' legislation in the same way as they might government legislation, and in fact the reality, when it comes to party discipline or free votes, is that many MPs on both sides of the House do not usually look in detail at any legislation, be it government legislation or private members' legislation.
Therefore, when it comes to a free vote situation then it becomes incumbent upon the MPs to examine the bills in great detail and often they do not. That is the reality, and they probably never shall. Somewhere along the line, if private members' legislation is going to be a useful addition to parliamentary life, we have to make sure that legislation is examined in depth.
We had a problem on this side when it came to free votes. Because the members are not always reading the private members' legislation or considering the full impact, what was happening was that the backbench MPs on this side, when a private member's bill—even though it is a free vote—was being voted on after second reading, would watch the members stand along the front benches. And because they had not read the legislation and because people want to generally be on side with their leadership, they would take their cue from the front benches. What you would see was everyone standing at the two benches here, and then everyone on the back benches. To address this problem the subcommittee on private members' business held consultations with backbench MPs that went over several years and issued a report, first a report just before the 1997 election and then a final report after the election.
Thanks to the guidance of the chairman of that committee, the member for Mississauga Centre, a number of very, very important recommendations to improve private members' business were made in that report and subsequently adopted by the government. One of those recommendations, which is now the practice of the House and which led to a change in the standing order, is the idea that when the House is voting on a private member's bill the Speaker will count the votes from the back benches forward.
So any Canadian watching a private members' vote will see that the vote is counted from behind. That way, the true backbench MPs do not have the opportunity to take the cue from the front bench. Indeed, it has encouraged them to pay more attention to private members' legislation and it gives the opportunity to the member who has the bill, be it an opposition member or a government member, to actually solicit support.
That has been an enormous step forward in private members' business, just an enormous step forward. I think, if I remember correctly, because I was involved as a witness before the committee, that idea in fact was the idea of the member for Mississauga Centre. I think she has significantly changed parliamentary life just by that one change to the standing order.
That report had other innovations as well. One of the great problems with private members' business is the fact that in order to have one's bill advanced for debate in the House it goes into a kind of lottery. In fact, every now and then, about three times a year, the Commons clerical staff literally put their hands into a hat and draw 30 names of members of parliament. If those members of parliament have motions or private members' bills submitted at first reading, then those bills can go forward and be debated in the House.
Madam Speaker, I have to tell you that I have put in a number of private members' bills over the years and I have never been picked in that lottery in six years—six years, Madam Speaker. The mathematics, the statistics, of that process are such that with 301 MPs it is possible to never be picked for 10 years.
So another innovation that was brought in by the subcommittee on private members' business was the concept of a member of parliament getting the support of 100 members of parliament from all sides of the House. Actually what it breaks down to is 100 members from at least 3 parties, in which 2 of those parties would have at least 10 members supporting the bill. It is a little complicated, but the point is that the member could show broad support from the backbench MPs. It could buy his bill support to bypass the lottery and go directly on the order paper.
That innovation, I think, was a superb innovation because it at least reduces the element of chance. Or to say it another way, it makes it not a factor of chance alone to advance a significant bill. I think that was a very important innovation.
However, in practice it did not work very well. It had a lot of problems because a lot of members found it very difficult, because when they were given a list asking for the support, and the idea was to write their signature, they were torn between whether they should sign it because the bill was good or whether they should sign it because they liked the member who had the legislation.
It is the old story when we have free votes. For free votes, be it signing your signature to something that is going directly onto the order paper or whether it is a free vote on the actual vote going through the House, the problem is that if we do not do our due diligence we might decide that we want to support the legislation simply because we like the member who is putting it forward or because the member is on our side or whatever else.
I guess the jury is still out on that process. I do believe that the subcommittee for private members' business, which has been re-struck just recently, is going to reconsider that matter and see whether there is a way of amending that bit of legislation to make it work a little better.
I should mention, that I am happy to report to the House that the chairman of the subcommittee on private members' business is the member for Mississauga Centre, so can I expect her to give due attention to improving private members' business in every way, including this.
Finally, there is another problem with private members' legislation that I have not so far touched upon. One of the advantages that the government has when it introduces legislation is that the government has all the power of government and the bureaucracy to fight off the special interests that attack legislation. Any bill that is presented before the House, if it has any substance at all, is going to be the subject of attack from special interest groups, because the reality in society is that there are always those who support and there are always those who are against. So in the species at risk bill that is coming up right now, you can be very, very sure that there is going to be an enormous pressure that will come forward from various special interest groups.
So it was, with a private member's bill that I put forward on reforming the Access to Information Act last year. It was defeated in this House, a bill that would have advanced transparency of government. It was defeated in this House by opposition members. It was defeated primarily by the Bloc Quebecois and primarily by the Canadian Alliance. It was supported primarily by the NDP and supported by the Conservatives. It was defeated, not because they were against private members' business. It was defeated because every one of those MPs over there was subject to pressure from special interest groups, because when you bring transparency to government, when you bring transparency to crown corporations, they are going to put a lot of pressure on individual MPs.
There is a lot to do here, but we are making a lot of progress, perhaps not with as much help as I would like from the opposite side.