Mr. Speaker, I rise to respond to the point of order raised on May 8 by the member for Windsor—Tecumseh on the selection of report stage amendments to Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change.
It will be my contention that the member is, in effect, Mr. Speaker, asking you to allow his party, and especially the member for Skeena—Bulkley Valley, to act in variation from the principle you laid out for us on March 21, 2001, when you said:
—motions in amendment that could have been presented in committee will not be selected....Accordingly, I would strongly urge all members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created...
Let me give you some background, Mr. Speaker.
Bill C-377 was referred to the Standing Committee on Environment and Sustainable Development on April 25, 2007, in the previous session and was subsequently reinstated in that same committee pursuant to Standing Order 86(1).
The committee began its study on December 11, 2007, and was granted an extension on March 12, 2008, which gave the committee until May 7 to report the bill to the House.
At its April 17 meeting the committee adopted a motion, on division, which had been put forward by the New Democratic member for Windsor—Tecumseh, to put an end to the committee's clause by clause examination of the bill and to report it back to the House with amendments.The committee adopted the motion well in advance of the May 7 deadline imposed by the Standing Orders.
The bill was subsequently reported to the House on April 29. The committee had more time to complete its work than it used, but it chose not to do so. It chose to do so, on division.
Procedural considerations that should be taken into account are the following. The note to Standing Order 76.1(5) states that the purpose of report stage is:
—to provide Members who were not members of the committee, with an opportunity to have the House consider specific amendments they wish to propose. It is not meant to be a reconsideration of the committee stage of a bill.
The committee decided to end its clause by clause examination of the bill prematurely. One of the persons involved in that decision was the member who is now proposing further amendments. The new Democratic Party is putting forward amendments at report stage therefore that ought to have been considered in committee. Thus, the course of action being proposed to you, Mr. Speaker, by the New Democratic Party is inconsistent with the purpose of report stage.
In this vein I would note that the amendments on the notice paper stand in the name of the member for Skeena—Bulkley Valley, who is a member of the Standing Committee on Environment and Sustainable Development, where the bill was considered. He therefore had ample opportunity to introduce the amendments at that time.
Mr. Speaker, I apologize for the fact that I sound like I am doing a bad imitation of Brian Mulroney, but I have a cold.
Furthermore, the Standing Orders state, at page 270:
Motions which were considered in committee and subsequently withdrawn are also generally not selected.
I would note that the amendments that appear on the notice paper are the same amendments the member for Skeena—Bulkley Valley had given notice of during the committee's clause by clause examination of the bill. These amendments therefore were effectively withdrawn when the committee decided to report the bill back to the House.
In his point of order, the member for Windsor—Tecumseh took note of the lengthy debate on the bill during the committee's clause by clause consideration of the bill and stated that this was the committee's rationale for ending its work prematurely.
I would concede that this point might have been relevant if the debate in committee had prevented the committee from reporting the bill before the May 7 deadline, at which time, in accordance with the Standing Orders, the bill would have been deemed reported without amendments, thereby depriving the member of the ability to present those amendments in committee. However, this was not the case as the committee decided, with the support of the relevant member, to end its study of the bill three weeks before it was obliged to report the bill to the House.
We turn now to some precedents.
To support his argument, the member for Windsor—Tecumseh raised two previous rulings where the Speaker selected report stage amendments that could have been moved in committee. However, the circumstances in each case were clearly different from the case before us today.
In the first case, the January 28, 2003 ruling, Mr. Speaker, you selected report stage amendments from the member for Mississauga South on the grounds that the member was not a member of the standing committee and therefore could not propose amendments in committee. This is clearly not the case with the report stage amendments to Bill C-377, as the member for Skeena—Bulkley Valley is a member of the Standing Committee on Environment and Sustainable Development.
The second example. In a ruling on November 6, 2001, Mr. Speaker, you selected report stage amendments from the member for Windsor—Tecumseh on the grounds that the member sat on two committees that were seized with bills at the same time and therefore it was not possible for the member to be present at the relevant committee at the time when such amendments would have, in the normal course of events, been introduced.
This precedent does not apply to the present case since the committee's minutes of proceeding show that the member for Skeena—Bulkley Valley was clearly an active participant in the committee's clause by clause study of Bill C-377.
In short, unlike the precedents cited by the member for Windsor—Tecumseh, the member for Skeena—Bulkley Valley would have been able to move his amendments if the committee had chosen to continue clause by clause consideration. Instead, the committee decided to stop its work and report the bill back to the House, thereby precluding the introduction of the said amendments.
I submit to you, Mr. Speaker, that this is a blatant abuse of the rules of the House. This is clearly an example of the majority on a committee effectively suspending or bypassing the Standing Orders in order to abrogate the protection that these Standing Orders provide to the rights of the minority.
By using such tactics, the opposition majority on any committee could theoretically rush through any bill by deciding to report the bill without any study and then proposing report stage amendments to amend the bill. This would be a dangerous precedent to set for private member's bills as such items are already subject to a significant time allocation and are already fast tracked relative to government bills.
Mr. Speaker, to conclude, I would like to draw your attention to your statement of March 21, 2001, on the guidelines for the selection of report stage amendments:
—motions in amendment that could have been presented in committee will not be selected....Accordingly, I would strongly urge all members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created...
I have emphasized that quote because it is so important.
Clearly the New Democratic Party has chosen to ignore the Speaker's wise advice by not availing itself fully of the opportunity to propose amendments during committee stage. NDP members cannot have it both ways. They cannot decide that clause by clause consideration should be terminated prematurely and then expect people to propose its committee amendments at report stage. The NDP is essentially asking that the committee stage of Bill C-377 be continued at report stage, and this is exactly the opposite of what is stated in the Standing Orders and what has been confirmed by the Speaker.
I therefore submit to the House that the amendments to Bill C-377 should not be selected for debate at report stage.