Mr. Speaker, I rise on a question of privilege regarding a matter that occurred in the Standing Committee on Procedure and House Affairs. While I recognize that committees are masters of their own proceedings, the procedure and House affairs committee has gone beyond its authority by ignoring an order of this House.
Mr. Speaker, there are two issues that you must consider. My first point is the actual charge of contempt, and my second point is the issue of timing, which is not as straightforward as the prima facie case of contempt. However, I am sure you will find that my arguments are sound for raising this question of privilege now.
On November 6, 2002, the House adopted a report of the Standing Committee on Procedure and House Affairs. The report dealt with improvements to Private Members' Business, namely, providing for all items to be votable. The report in part read:
After much deliberation, the Committee is proposing new procedures for Private Members' Business...We, therefore, propose that the Standing Orders of the House of Commons be amended in accordance with the following principles and instructions.
Without going into details, the committee outlined these principles and instructions. One of the instructions read:
This new procedure will be adopted on a pilot project (provisional) basis from the Fall of 2002 to the end of the 37th Parliament, provided that it is subject to a review by the Standing Committee on Procedure and House Affairs after one year.
Mr. Speaker, the clerk was asked to draft the new Standing Orders and he has complied. The draft rules were submitted to the Standing Committee on Procedure and House Affairs. The Liberal majority voted them down and referred the matter to the modernization committee. If the Liberals want to refer the matter to the modernization committee they will have to seek the consent of the House and they have not.
I will get to the timing issue in a moment, Mr. Speaker, but please allow me to finish my first point.
On page 854 of Marleau and Montpetit, it states:
Committees are bound by their orders of reference and may not undertake studies or make recommendations to the House which go beyond the limits established by them.
Citation 760(2) in Beauchesne's 6th edition states:
Committees receive their authority from the House itself and the authority of the House overrides that of any committee.
Citation 831(2) points out that:
A committee is bound by, and is not at liberty to depart from, the Order of Reference [from the House].
This is exactly what the procedure and House affairs committee did. It departed from an order of reference from the House.
I will now address the issue of timing. The date in the fourth report that was adopted by the House stated “the Fall of 2002”. Mr. Speaker, as you are aware, fall ends officially on December 21. As you are also aware the House is scheduled to rise on December 13. Therefore after that point the Standing Committee on Procedure and House Affairs would clearly be in contempt of the House.
I would argue that since the committee has not agreed to report its decision to the House, and procedurally it is now impossible for the committee to meet, report and have that report adopted, considering it takes 48 hours notice to move a concurrence motion, it is in contempt as we speak.
The Speaker cannot consider the possibility of unanimous consent because the committee will never get that unanimous consent unless it is over my dead body and that of every member of the official opposition. While I cannot speak for other parties, I would think every other opposition member and many members of the government caucus as well would protest such a move. The committee will never get the consent it desires to scuttle and put off these reforms for which many members fought long and hard. Therefore, Mr. Speaker, the only avenue you must consider is the so-called normal channel, which as Speaker you are charged with upholding.
The tale of how this contempt occurred began nine years ago. Procedurally it began with the first report of the modernization committee that reported in June 2001. While it is the mandate of the Standing Committee on Procedure and House Affairs to consider matters of parliamentary reform, the modernization committee was commissioned to do the job because the procedure and House affairs committee failed to do so for nine years. The committee demonstrated how totally incompetent it can be at times. It could be incredibly partisan at others, insular most of the time, and with respect to improving Private Members' Business, disrespectful to members of Parliament.
If you look at the membership, Mr. Speaker, you will see why it was necessary to strip them of their parliamentary reform duties. The membership consists of the Parliamentary Secretary to the Prime Minister, the Parliamentary Secretary to the House leader, the chief government whip and the deputy government whip. It is the finest control group ever assembled, all taking orders from the PMO.
The modernization committee reported and it left one item for the Standing Committee on Procedure and House Affairs committee. The one item was improvements to private members' business. The member for Yorkton—Melville, a member who knows the reputation of the House affairs committee, moved a motion expecting the committee to carry out the wishes of the modernization committee. It was adopted on June 12, 2001, and it instructed the committee to report in November of that year. The committee reported back to the House seeking an extension in April.
In December the committee did a curious thing. It reported back to the House four months ahead of deadline, that it found the task too difficult. Notwithstanding, and after some pressure from behind the scenes, the committee took up the challenge again and in the first session presented its report to the House.
It reinstated the report in this session and on November 6 the House adopted the report. Yesterday the committee backtracked and kicked the matter back to the modernization committee from whence the first instruction came. I call that completing the circle of incompetence. We have tolerated enough incompetence, enough disrespect and enough contempt.
On page 225 of Joseph Maingot's Parliamentary Privilege in Canada, it states:
Contempt is more aptly described as an offence against the authority or dignity of the House.
The House has ordered the new procedure for private members' business to commence this fall. Pursuant to our rules, it is procedurally impossible for the standing committee to ask for an extension or to ask to refer the matter to the modernization committee. Therefore, it is in contempt.
To comply with the order of the House you will note, Mr. Speaker, on the Order Paper and Notice Paper that I have a motion, Motion No. 326, that would give effect to the House order of November 6. It contains the actual Standing Order changes that the clerk was instructed to draft. I will read only the first paragraph because it is a very long motion.
That, pursuant to the motion adopted by this House on June 12, 2001 instructing the Standing Committee on Procedure and House Affairs to draft, and report to this House, changes to the Standing Orders improving procedures for the consideration of Private Members' Business, including a workable proposal allowing for all items to be votable; and pursuant to the adoption of the 4th report of the Standing Committee on Procedure and House Affairs on November 6, 2002, which gave effect to the instruction by the House on June 12, 2001, the Standing Orders be amended by replacing Chapter XI with the following:
I ask, Mr. Speaker, that you transfer this motion on private members' business to be considered under the rubric motions so as to allow the House to consider these Standing Orders changes pursuant to its order of November 6. I see no other means for which this House could comply with its own wishes.
In conclusion, I urge the Speaker to find a prima facie question of privilege so the House can charge the Liberal members of the Standing Committee on Procedure and House Affairs who voted against the authority of the House with contempt. I am prepared to move that motion, if you find the prima facie case.