Mr. Speaker, I will briefly comment on this. I want to characterize it as a point of order. I think the message received from the Senate is disturbing and we must address it in this chamber. I say so for the following reasons.
First, pursuant to the special order made by the House on October 4 of this year, it was said that a minister of the Crown proposing a motion for first reading of a public bill could state the bill was in the same form as a bill introduced by a minister of the Crown in the previous session. If you, Mr. Speaker, are satisfied that the bill indeed is in the same form as at prorogation then, notwithstanding Standing Order 71, the bill shall be deemed in the current session to have been considered and approved at all stages, completed, at the time of prorogation of the previous session.
On October 7 during debate, the government House leader, at page 335 of Hansard stated:
This is an enabling motion to permit the government not to create any new bill but to reintroduce that which has already been discussed at the stage completed prior to where we concluded the debate...in June--
How can a special order purport to revive or reinstate a bill which was not before the House in June. It was in fact before the other place. Surely the House by that order did not contemplate reviving a bill which was not indeed before it at prorogation. Therefore, if the government House leader's statement regarding reintroduction, which I just quoted, is to have meaning, it must be that it foresees that only bills before the House can be revived. Therefore the subsequent ministerial motion to reinstate it was out of order because the bill at prorogation was in the other chamber.
Second, the House by this order sent a bill called Bill C-10 to the other place and you, Mr. Speaker, certified to us that it was in the same form, and I stress form, as it was at prorogation. A printed copy of Bill C-10, as we have heard, bears your certification. In fact, it is one of the few times where the Speaker directly becomes involved with a bill.
As well, on Wednesday, October 9 of this year, the justice minister moved for leave on the basis that Bill C-10 was in the same form as what was then known as Bill C-15B from the first session. Therefore he requested that it be reinstated at the same stage it had reached at the time of prorogation. Your ruling on that date, Mr. Speaker, stated the bill was deemed adopted at all stages and passed by the House because it was in the same form.
As we know, on October 10 it received first reading in the other place and it followed various stages. Now we have this peculiar position where we have received a message from the Senate saying that it is sending part of it back. We are in this new age of a two for one special, it appears, from the Senate.
I would draw your attention, Mr. Speaker, to Citations Nos. 626 to 638 of the 6th edition of Beauchesne's where it lays out what is necessary in a bill and what is discretionary in a bill. What we have now is a bill, which you certified as to form and a minister certified as to form, being returned in a way that this place cannot recognize whatsoever.
I would like to echo what the last speaker opposite had to say and that is, that the minister appeared in the House and certified to you, Mr. Speaker, and you certified to us that this was indeed in the same form. Upon an examination of the minutes of the committee in the other place when it was split, the minister appeared before a committee in the other place and did not object to the splitting of the bill.
I have to ask you then, Mr. Speaker, how can a minister apparently assume two positions, one in this place and be passive in the other place? That is first.
Second, I will conclude by quoting Erskine May, 22nd edition on page 5:
The principal common characteristics of the rules of practice was to provide ample opportunity for debate and for initiative in choosing subjects for debate, and ample safeguards against business being taken without due notice so that decisions could not be reached without opportunities for full consideration being given.
We are now in this very strange and unusual paradigm where you, Mr. Speaker, have certified a bill as being Bill C-10. What has been returned is not an amended bill. We have a two for one special back from the other place. If you would refer to Beauchesne's, one of the necessary components of the bill is the title. We cannot recognize what has been returned because it indeed has a different title. We cannot recognize this bill, we ought not to recognize this bill and it should be deemed that the receipt of this message and the bill attached to it ought to be ruled out of order as it is unrecognizable by this place.
I would then say that we are now descending into chaos here because we are ending up in an area where we have a bill on which we are going to be asked to concur. There have been no notices. There has been no debate and there is no opportunity for full consideration.
W cannot accept it in the form and content in which it has been returned, particularly when you, Mr. Speaker, and the justice minister have certified it as to the form of the bill.