Mr. Speaker, listening to the member for Notre-Dame-de-Grâce—Lachine, I thought she was going to conclude by saying that we had the best regulatory system in the world, but she refrained from going so far. It may well be the only thing we do not have, since according to our colleagues opposite, we have the best of everything else.
All kidding aside, this is an interesting private member's bill. Despite being a technical bill, it is still interesting. In fact, it reveals a sensitivity, or an awareness of the lack of say that parliamentarians have in different committees or on different issues. Allow me to explain.
The bill introduced by the member of the Canadian Alliance, if it was boiled down to the essential, would allow for a disallowance procedure that would apply to all statutory instruments, subject to review and scrutiny by the Standing Joint Committee for the Scrutiny of Regulations. In so doing, this enactment would ensure that Parliament will have the opportunity to disallow any statutory instrument made pursuant to authority delegated by Parliament or made by or under the authority of the cabinet. Unless I am mistaken, this is how the current system would be changed under this legislation.
The way the Standing Joint Committee for the Scrutiny of Regulations currently operates is similar, as one would expect, to how other parliamentary committees operate. It is in this committee that my friend from the Canadian Alliance has experienced some frustration, as have members of the Bloc Quebecois and other opposition parties and often members of the governing party, and I will come back to this a little later. Therefore, committees sometimes unanimously come to the realization, after a bill has been passed and after several rounds of discussion here in Parliament, that the regulations that frame the legislation, or implement it, go beyond or against the discussions surrounding the bill, or its intent. In such cases, the regulations must be amended.
Officials—either unconsciously, or consciously— may have gone too far when drafting the regulations to frame or implement the legislation. The Standing Joint Committee for the Scrutiny of Regulations reviews these regulations and has seen that they sometimes infringe upon or go beyond the intent of the legislation, and overstep the value of the bill in question.
Like other committees, when we notice this, we issue a report that is tabled in the House. One can understand our frustration when, even if the report is adopted unanimously, the government, more often than not, says, “Thank you very much”. It then takes the report and shelves it and waits.
If specific regulations hinder the application or goes against the intent of legislation, it is our duty as parliamentarians, having debated it at first reading, second reading, in committee, and at third reading and having voted in this House on the intent or application of a specific piece of legislation, to say so. Take the Young Offenders Act. When we vote on and pass legislation such as the Young Offenders Act we have certain objectives. If the regulations go beyond what parliamentarians intended, then it only seems right to give those who passed the legislation the ability to repeal certain regulations. I have a hard time understanding the Liberals' opposition when they had agreed with Bill C-202. They woke up—I am not sure when or how—and are saying that, as far as Bill C-205 is concerned, they no longer agree.
It is difficult to understand how we can value our role as parliamentarians to pass legislation and entrust the application or regulation of this legislation to another level. That seems odd. However, this is not the first time and certainly will not be the last time that we will have difficulty understanding the consistency of the government's positions.
I have examples. The members of the Standing Committee on Procedure and House Affairs can decide unanimously or by a strong majority that private members' bills are votable. The Liberals, who make up the majority on this committee, vote on this. The government members who sit on this committee decide that private members' bills are votable. This is the committee's decision. Then, in the House of Commons, the government says no. Even though it is a majority or unanimous decision, it is set aside.
It is very frustrating for parliamentarians, especially when the 1993 and subsequent red books indicated that the power or role of parliamentarians must be increased and improved, and that the government then stubbornly refused to do so. When it comes to implementing regulations, it gets even more frustrating, because there is an obvious problem.
Examples were provided as a background to the bill, ain particular a report of the Joint Standing Committee for the Scrutiny of Regulations. The report, unanimously adopted, sought to repeal certain regulations. It was tabled over a year ago, over two years ago, and still nothing has been done. So, the act continues to be enforced erroneously. This situation must be rectified.
There is talk of tradition. There was a tradition about a hundred years ago that consisted of voting to send troops into combat. Now, the Liberals are ignoring this tradition and have decided, during a debate that did not lead to a vote, to send troops into combat. Sometimes traditions are fine, sometimes not. You cannot have it both ways.
If a House tradition shows how obsolete regulations are, it is our duty to correct this situation. In this regard, I fully understand the hon. member of the Canadian Alliance. This is our most difficult task because, as legislators, we must ensure that the laws we discuss and on which we vote will be enforced according to the spirit of the debate held in the House.
In committee, it is by improving the too often traditional and obsolete aspect of the British parliamentary system that we give meaning to the role of members. So, we clearly set out the scope of the acts we wish to propose. I find it difficult to understand why there would be any opposition to this bill.
I spoke to a certain aspect of this bill, and I would like to make one final point. Parliamentarians are also called upon to repeal regulations that go beyond the intention of a proposed bill or act. But this goes further; it indicates a problem with how we function as parliamentarians.
It goes further than this when there are debates on urgent and important issues. The role of an MP should also include the ability to vote on certain issues such as sending troops into combat in Iraq, which is of concern to us at this time.
We can see that the government's position is set and that a second UN Security Council resolution is not needed. We see how imminent the deployment of those troops is.
If the situation is being described as hypothetical, the fact that aircraft carriers, troops and military personnel are already being sent out, and that considerable sums are already being invested—it strikes me that the situation is less hypothetical than it is for the present Prime Minister—this is another aspect of our role of parliamentarians that ought to be taken into consideration in this debate.
It is in fact being described as a technical debate, a private member's bill that is technical in nature and concerns the disallowance of certain regulations. All of this addresses our role as legislators, that is to ensure that statutory instruments are properly enforced, but also our role as representatives of our constituents, a very strong majority of whom, in the case at hand, are opposed to sending troops into combat roles in Iraq. Our role as parliamentarians obliges the government to hear us out so that a vote may be taken on this.
I thank the hon. member for his work on the Standing Joint Committee on the Scrutiny of Regulations. I encourage him to continue with this clarification, and we are going to be in favour of his bill.