Mr. Speaker, we have had a number of points of order. This point of order is substantively on the same matter.
It is clear that the subject matter, being the ratification of the Kyoto protocol, is an important matter to this place. That opposition members have raised substantive argument for the Chair to consider is evidence of that fact.
We have been advised on many occasions that delay and disruption of this place is a legitimate part of the democratic process and we will respect the points of view of members and certainly respect the position of the Chair.
The motion says that the House call upon Parliament to ratify the Kyoto protocol on climate change. It is an interesting motion by its very simplicity considering the significant importance and complexity of the matter at hand.
The hon. leader of the official opposition has suggested that the motion is out of order. It would be my argument that when a motion comes before this place and calls upon Parliament to advise the government or to do something, on a prima facie basis that is not binding. That is a very significant point in this matter. Should Parliament call upon government to do anything, that on the face of that motion it is not binding on the government and therefore the motion now before the House is of the same nature as a take note debate.
It is probably one of the most significant decisions to be made with regard to climate change issues and to the health of Canadians that Parliament will ever take. It is a very important issue and it is important to members on all sides throughout this place. It is important because we have a range of concerns and issues that Canadians have expressed. Parliamentarians have expressed concerns on behalf of their constituents. They have been asked to come forward to share with the rest of their colleagues in Parliament, those concerns, issues and their relative importance. There is no simple solution to this, but the important thing is that this is not a binding resolution of Parliament.
Second, in all the resolutions we have had so far, the examples used clearly have had to do with legislation. This does not have to do with legislation. This is an executive decision. It may subsequently require legislation in terms of implementing principles. That may be possible. We do not know at this point. However I know that the Prime Minister of Canada announced to Canadians several months ago that the Government of Canada would ratify the Kyoto protocol before the end of the year.
That is a very definitive statement and that is a reflection of the executive decision power of the Government of Canada. That is not a motion for consideration by Parliament. It is a not a bill or any kind of qualified statement. It is an assertion and a commitment of the Government of Canada to ratify the Kyoto protocol. The fact that the Prime Minister was prepared to announce that intention of the Government of Canada is prima facie evidence that this is an executive decision. We have to ask why did the opposition members not raise these points of order back then when the House resumed after our summer break.
Why was there not a challenge? If the decision of the Chair ratifies the fact that this is an executive decision and not a matter for parliament to decide, not a decision where Parliament in fact would be overriding the Constitution of Canada and would also reaffirm that this motion in fact is not binding on the Government of Canada, on that basis alone I understand fully that the opposition members would like to obstruct and delay the discussion of Kyoto. I respect their right to do that, but I want them also to know that there are others in this place that want to talk about the Kyoto protocol.