I thank the hon. member for Humber—St. Barbe—Baie Verte for his intervention in this matter. I have examined the case with some interest given the fact that he is requesting a debate on a document that was made available to the House according to a procedure that was announced by the government in 2008.
I have here the news release of January 25, 2008 from the then minister of foreign affairs and international trade in which he announced that following the commitment made in the Speech from the Throne in 2006, international treaties would be brought “before the House of Commons to give Parliament a role in reviewing international agreements”.
The document states:
The government will observe a waiting period of 21 sitting days from the date of the tabling before taking any action to bring the treaty into effect. When treaties require legislative amendment, the government is committed to delaying the legislation until this 21-sitting-day period has passed.
The House may debate the agreement, if it chooses to do so. The government offers the House the opportunity to discuss treaties that it judges important.
There is no mechanism in the Standing Orders of the House to allow for debate on a treaty that has been tabled in the House within that 21 day period by any arrangement. Obviously, it is a matter of unanimous consent between the parties if there is going to be such a discussion. Alternatively, a motion could be moved and then, if it comes up for debate, it could be debated in the House on such an issue. However, at the moment there is nothing of that sort before us.
The hon. member for Humber—St. Barbe—Baie Verte has now asked the Speaker to intervene in this matter and, despite apparent requests, grant an emergency debate in order to allow this to happen within the 21 day period because the expiry of the 21 day period will convert this into an emergency because there is no time for the discussion if it does not happen before the end of the 21 day period.
I am afraid that is the part of the argument that I find a little difficult. I do not think it is for the Chair to decide which treaty constitutes an emergency or which treaty requiring debate might constitute an emergency. I urge the hon. member to have a look at Standing Order 52, specifically 52(6). I will read the Standing Order:
The right to move the adjournment of the House for the above purposes is subject to the following conditions:
(a) the matter proposed for discussion must relate to a genuine emergency, calling for immediate and urgent consideration;...
I am not sure that the implementation of a treaty constitutes a genuine emergency. I agree that it may be that given the expiration of the 21 day period there may be a need for urgent consideration because of the number of sitting days between now and the expiry of the period, but I do not think it converts the coming into force or the ratification of the treaty as a genuine emergency. It is that part of the issue that I have concern about.
Accordingly, in my view, the request for the emergency debate does not meet the exigencies of the Standing Order at this time.