Mr. Speaker, it gives me great pleasure to speak to the motion in amendment put forward by my colleague for Lévis-et-Chutes-de-la-Chaudière. It seems to me that it is totally relevant.
During my speech I may have the opportunity to respond to a number of the assertions made by my colleague for Pictou—Antigonish—Guysborough, which, notwithstanding all the respect I have for him, appear to be slightly false.
I think that the Parliamentary Secretary to the Leader of the Government in the House of Commons has best described a moment ago in his speech how things have been done so far and why we are putting forward this amendment.
He explained how this provision of the elections act, within Bill C-2, came to be, to ensure that if new voting techniques were to be tried it would be only after the Standing Committee on Procedure and House Affairs, which normally looks into these matters, approved the implementation of such a pilot project.
Everything was going well. The amendment proposed in Bill C-2 was passed. It was included in the Canada Elections Act which was used, need I remind members, in the last general election.
Bill C-9 corrects a series of small errors that had gone unnoticed because Bill C-2 was passed in such a hurry. Again, I need hardly remind the House that if this legislation was rammed through in such a hurry, it was essentially due to political considerations as the government wanted amended electoral legislation as quickly as possible in order to call an early election, which is precisely what happened and which confirms our opinion in this regard. The government has now introduced Bill C-9 to correct a series of small errors that had gone unnoticed in Bill C-2 given the haste I have just talked about and also to correct another element of the bill that is more substantial as it gave rise to a court ruling.
I should also point out that certain recommendations were made to the government following the Figueroa case. The government preferred to take the case to court, at taxpayers' expense, rather than consider the opinions expressed. It lost the case. It is coming back to us now to introduce a more substantial amendment in order to comply with the court decision in Figueroa concerning the number of candidates a political party must field in order for the name of the party to appear on the ballots.
Among those technical amendments they proposed one, amendment No. 2, which modifies section 18.1 of the Canada Elections Act to ensure that before any pilot project can be implemented to modify the voting process, the chief electoral officer will have to obtain not only the approval of the House of Commons committee that normally considers electoral matters, that is the Standing Committee on Procedure and House Affairs, but also the approval of its senatorial counterpart.
I submit respectfully that it is surprising that we would have to consult a non-elected institution to determine the relevance or the opportunity of any pilot project concerning an election. That is why we thought it was appropriate to propose that this reference to the Senate be removed.
Needless to say that this amendment which we proposed in committee was rejected because the government House leader argued that ours is a bicameral parliament. Therefore we have two Houses, and as long as there are two Houses, as long as we do not decide otherwise—which brings us back to the debate of the member for Regina—Qu'Appelle—we must face that reality and take into account the fact that the Senate must concur in any legislation. Very well.
I am not particularly in favour of the Senate in its present form or of a second chamber within Canadian parliament, but I nevertheless agree that since we respect the institutions as they are right now we must involve senators in the passing of any legislation, until further notice. But this is not what we are debating now. What we are taking about is consultation, opinion and approval regarding the implementation of a pilot project, a new method of voting. If I have the time I shall return to this later.
This is simply a technical opinion. How is a group of unelected representatives in a position to provide an opinion on such a matter? I ask you, Mr. Speaker. I know that you are not going to give me any answer, Mr. Speaker, but I am asking anyway.
The question has to be asked eventually, as my colleagues for Regina—Qu'Appelle and for Pictou—Antigonish—Guysborough have suggested. Ultimately, we will have to look at the role of the Senate, at whether it is appropriate to maintain that institution. That is not however what interests us in this debate. The purpose of the amendment is not to exclude senators from the legislative process. It merely requires the chief electoral officer, when he wishes to test new voting methods, to consult those who being elected themselves are perhaps in a position of being able to provide him with appropriate feedback.
Recently, the government House leader has been doing the rounds and trying endlessly to convince us that the amendment presented by our colleague from Lévis-et-Chutes-de-la-Chaudière does not say what that member meant it to say.
I do not know if the government House leader has the extraordinary gift of being able to read people's thoughts and thus knows what my colleague from Lévis-et-Chutes-de-la-Chaudière had in mind when he drafted this amendment and when he introduced it in this House.
Personally, I think that this amendment says exactly what the Parliamentary Secretary to the Leader of the Government in the House said earlier, namely that it seeks to ensure that before testing new voting processes, the chief electoral officer must get prior approval of the Standing Committee on Procedure and House Affairs of the House of Commons and must consult the Senate committee that considers these matters.
The claim made by the government House leader, which goes against the view of his parliamentary secretary but is supported, seemingly, by the Privy Council's learned legal officers, is that this amendment would require the Standing Committee on Procedure and House Affairs to consult its counterpart in the Senate before giving its approval to the chief electoral officer.
I respectfully submit that I cannot figure out which version makes Privy Council's legal officers come to that conclusion. Perhaps it is the English version which, incidentally, is a translated version since the motion was originally drafted in French.
In the French version a comma replaces the word “et” in an enumeration. In the current text, if we replace the comma with the word “et”, the amendment is very clear and specific. The purpose of this amendment is to provide that the chief electoral officer must get the approval of the Standing Committee on Procedure and House Affairs and must consult its Senate counterpart before implementing a new voting process.
Unfortunately, I am running out of time and I will not have the opportunity to express my view on electronic voting. However I must say, with all due respect for the other place, that we chose not to exclude it from this technical process, but to get it involved through a consultation process. This is why I am asking all hon. members to support this amendment.