I am ready to rule on the point of order raised yesterday by the hon. member for Winnipeg—Transcona and again today by the hon. member for Saskatoon—Rosetown—Biggar, and then the question of privilege raised by the hon. member for Pictou—Antigonish—Guysborough this morning, concerning the message received from the Senate relating to Bill C-10, an act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, and the actions taken by the other place in connection with this bill.
I wish to thank the hon. member for Acadie—Bathurst, the Parliamentary Secretary to the Leader of the Government in the House, and the hon. member for Sarnia--Lambton for their interventions.
On Wednesday, December 4 the hon. member for Winnipeg--Transcona raised a point of order to draw to the attention of the House the action taken by the hon. Senate in dividing Bill C-10 into two bills, Bill C-10A, which the other House passed, and Bill bk C-10B, which it still retains. The hon. member pointed out that this was the House that should decide which pieces of House legislation were divided up and how they should be dealt with. At that time no message had been received from the other place and therefore the matter was, in the view of the Chair, hypothetical. The Chair was not prepared to deal with a purely academic matter, noting that it was inappropriate until a message had in fact been received. I did point out however, that though the Chair might have something to say in this matter, that was probably a matter for the House to decide.
A message from the Senate on Bill C-10 was received at the end of Wednesday's sitting, and the matter has now properly been brought to the attention of the House. There is also a motion on the Order Paper for consideration of the Senate amendments to the bill. As hon. members are aware this motion, when called, is debatable and amendable and the government House leader has just indicated that he intends to call this matter before the House tomorrow.
I must point out at the outset that I cannot make comments on the workings of the honourable Senate. This would be quite inappropriate.
The fact that Bill C-10 was reinstated from the previous session, as provided for by special order of this House, does not have any bearing on its subsequent proceedings, either in this House or the other place.
As noted in the intervention of the hon. member for Saskatoon--Rosetown--Biggar, this is not the first time the Senate has divided a bill originating in this House. In 1988 the other place divided Bill C-103, an Act to Increase Opportunity for Economic Development in Atlantic Canada to establish the Atlantic Canada Opportunities Agency and Enterprise Cape Breton Corporation and to make consequential and related amendments to other acts and returned only part of the bill to the House.
At that time the propriety of the Senate's action was raised and Mr. Speaker Fraser ruled on the matter. His ruling was extensive and exhaustive and has been much quoted this morning, although I must say the quotations seemed selective and incomplete.