I am now prepared to rule on the point of order raised by the hon. Parliamentary Secretary to the Minister of Citizenship and Immigration on October 6 concerning the admissibility of an amendment to Bill C-14, An Act to amend the Citizenship Act (adoption), adopted by the Standing Committee on Citizenship and Immigration.
I would like to thank the Parliamentary Secretary for having raised this issue as well as the hon. members for Burnaby—Douglas and Vaudreuil-Soulanges for having made submissions on this matter.
In his presentation, the parliamentary secretary asserted that an amendment to Bill C-14 adopted by the standing committee was inadmissible for three reasons: it was contrary to the principle of the bill, it was incomplete and it infringed on the financial initiative of the Crown. The hon. member for Burnaby—Douglas presented arguments to the contrary.
To summarize the situation briefly, at its meeting of June 21, 2006, the Standing Committee on Citizenship and Immigration adopted an amendment which reads as follows:
Any decision of the Minister under this section may be appealed to the Immigration Appeal Division of the Immigration and Refugee Board.
That amendment was ruled admissible by the chair of the committee after a point of order was raised by the parliamentary secretary in committee. The ruling was then appealed and sustained. Following further consideration of the bill, the committee reported it to the House on October 2, 2006.
As all hon. members know, the Chair has always been extremely reluctant to be drawn into procedural arguments over committee proceedings since to do so would reopen matters which are properly left to committees themselves to resolve. Perhaps more significantly, such a practice would also undoubtedly tie up the time of the House in reviews of committee decisions defeating the very purpose of committees.
The one exception to this practice is, however, the one cited by the parliamentary secretary in relation to legislation before the House. As he has indicated, House of Commons Procedure and Practice, at pages 661 and 662, indicates that the Chair will become involved if the question at issue is whether a committee has exceeded its powers in its clause by clause review of a bill.
As Speaker Fraser indicated in a ruling found at page 9801 of the Debates for April 28, 1992:
When a bill is referred to a standing or legislative committee of the House, that committee is only empowered to adopt, amend or negative the clauses found in that piece of legislation and to report the bill to the House with or without amendments. The committee is restricted in its examination in a number of ways. It cannot infringe on the financial initiative of the Crown, it cannot go beyond the scope of the bill as passed at second reading, and it cannot reach back to the parent act to make further amendments not contemplated in the bill no matter how tempting this may be.
The first issue raised by the parliamentary secretary in his presentation to the House relates to the amendment being contrary to the principle of the bill. As the parliamentary secretary himself stated at page 3769 of the Debates:
The principle of Bill C-14, as adopted by the House, was to allow for a grant of citizenship to foreign adopted children without first requiring them to be permanent residents.
Having reviewed the bill as reported to the House, I cannot conclude that an amendment which provides for an appeal of a decision by the minister is contrary to the principle of the bill. As I see it, such an amendment places a condition on how decisions of the minister are exercised, but the principle of the bill remains intact. In the view of the Chair then, the amendment is admissible in that respect.
The next issue relates to the amendment being incomplete. As House of Commons Procedure and Practice explains at page 656:
—an amendment is out of order if it refers to, or is not intelligible without, subsequent amendments or schedules of which notice has not been given, or if it is incomplete.
Here again, in reviewing the bill, as reported to the House, I have not found any difficulty. As I read it, the amendment is intelligible, grammatical and complete as to the course of action that it is proposing. I cannot concur with the parliamentary secretary.
In his third and final argument, the parliamentary secretary claims that the amendment creates a new and distinct purpose for the Immigration and Refugee Board beyond its existing legal mandate under the Immigration and Refugee Protection Act and that this infringes on the financial initiative of the Crown. The member for Burnaby—Douglas disputes this conclusion, arguing that no expansion of the mandate is contemplated.
The Chair has noted that Bill C-14 proposes no amendments to the Immigration and Refugee Protection Act. Nor does the disputed amendment propose modifications to that act. As I read it, the amendment only provides that decisions arrived at under the terms of Bill C-14 may be appealed to the IRB's Immigration Appeal Division. Although immigration and citizenship issues are inextricably inclined, Bill C-14 deals solely with the issue of foreign adopted children and not with the mandate of the Immigration and Refugee Appeal Board. In effect, the Chair must limit itself to the bill currently before the House and cannot delve into the provisions of acts not addressed in the bill. The same principles apply to the amendment.
The Chair has concluded that the amendment adopted by the Standing Committee on Citizenship and Immigration has respected the rules of admissibility. It may be that the amendment to the bill will require other legislative actions in order to be fully implemented, but that is a legal question and not a procedural one. The Chair is limited to the narrow confines of Bill C-14 and must conclude that, standing alone, the amendment does not create a new and distinct purpose. Nor does it authorize the expenditure of public funds for a new or distinct purpose.
In summary, then, I find that the bill, as reported to the House, is procedurally in order. Of course, the House may choose to revisit the particular amendment that gave rise to the point of order raised by the Parliamentary Secretary to the Minister of Citizenship and Immigration, using the appropriate mechanisms provided for under the report stage rules.
The Chair wishes to thank the House for its patience in dealing with this rather unusual situation.