Mr. Speaker, I rise on a separate point of order regarding the 13th report of the Standing Committee on Finance. I will endeavour to be succinct in my remarks.
I do think it is important to make you, Mr. Speaker, and other members of the House aware of serious and grave irregularities that took place during the finance committee's study of Bill C-45.
On October 31, 2012, the committee adopted a motion to limit debate at committee during its clause-by-clause consideration of Bill C-45, what was effectively a time allocation motion. I would like to draw the Speaker's attention to paragraphs (d), (e) and (f) of that motion, which read:
(d) the Committee shall proceed to clause-by-clause consideration of Bill C-45 no later than Wednesday, November 21, 2012, provided that the Chair may limit debate on each clause to a maximum of five minutes per party per clause before the clause is brought to a vote;
(e) amendments to Bill C-45, other than the amendments deemed to be proposed pursuant to paragraph (c), be submitted to the Clerk of the Committee 48 hours prior to clause-by-clause consideration and distributed to members in both official languages; and
(f) if the Committee has not completed the clause-by-clause consideration of Bill C-45 by 11:59 p.m. on Wednesday, November 21, 2012, the Chair shall put, forthwith and successively, without further debate or amendment, each and every question necessary to dispose of clause-by-clause consideration of the Bill, to report the Bill to the House, and to order the Chair to report the Bill to the House on or before Thursday, November 22, 2012.
Of particular importance is the phrase “without further debate or amendment”. The chair of the committee, the member for Edmonton—Leduc, correctly interpreted that motion as follows. He said, as indicated in the blues, that “First of all, with respect to the timing in section D of the motion adopted by the committee, it states that 'the Chair may limit debate on each clause to a maximum of five minutes per party, per clause, before the clause is brought to a vote'. So it's five minutes per clause, this is prior to 11:59pm, not for amendments”.
The member for Edmonton—Leduc, the chairman of the finance committee, continued by saying, “The second is with respect to the end of debate; section F of the motion adopted by the committee states: 'if the committee has not completed a clause by clause consideration of Bill C-45 by 11:59pm on Wednesday, November 21st 2012, the Chair put, forthwith and successively, without further debate or amendment, each and every question necessary to dispose of clause by clause consideration of the Bill'. So at that point I will deal with all of the clauses that are left if we have not completed our work by 11:59pm.”
The chair further emphasized his point by saying, “To explain this so that everyone understands, if we go past 11:59pm, at that point I will just be putting the votes on the clauses. If we have amendments left to deal with, I will not be putting forward votes on those amendments”.
The member for Edmonton—Leduc correctly interpreted the phrase “without further debate or amendment” as meaning that no amendments could be moved after 11:59 p.m. on Wednesday, November 21, 2012.
However, the member for Fort McMurray—Athabasca disagreed with the chair. He argued that all amendments for which notice had been given should be put to a vote. In effect he argued that “without further...amendment” actually means “with further amendment”.
The chair emphasized his interpretation by stating, “I will say though it is still my view, and it's the view based on advice from our clerks that the section you quote, section F, it says: 'The Chair shall put without further debate or amendment each and every question necessary to dispose of' but it says without further debate or amendment so that is my view...”.
Simply put, the interpretation of the motion by the member for Fort McMurray—Athabasca was inconsistent not only with any proper understanding of parliamentary procedure but also with any proper understanding of the English language. The phrase “without further...amendment” cannot be interpreted as meaning “with further amendment”. Further, by adopting the motion of October 31, 2012, the committee showed a clear intent to prevent amendments from being moved after 11:59 p.m. on Wednesday, November 21, 2012.
The motion adopted by the committee on October 31, 2012 was silent on when amendments proposed pursuant to paragraph (e) would be moved. As such, that would fall to the normal practice of committee.
Under the normal practice of committee, it is a member's choice to move or not move amendments for which proper notice has been given. When a member provides notice for an amendment at committee, it simply preserves the member's right to move that amendment. It does not require the member to move that amendment. Instead, it provides the member with a choice to move or, upon further reflection, not to move that amendment in the end. At committee, it is the member's choice.
If the member for Fort McMurray—Athabasca had wanted to change the committee's rules while following due process, perhaps he ought to have tried to amend the motion that was adopted by the committee on October 31, 2012, or perhaps he ought to have moved a new motion to replace the motion that was adopted by the committee on October 31, 2012. However, the member for Fort McMurray—Athabasca did neither of these things. Instead, he challenged the ruling of the Chair, the member for Edmonton—Leduc, in order to give the motion a meaning that was entirely inconsistent with its stated intent. As members know, a motion to challenge the Chair at committee is not debatable. As George Orwell noted, the ability to change the meaning of language is a very dangerous power, but that is precisely what the majority of the members of the finance committee did when they challenged the Chair and overturned his decision.
I provided notice for 3,090 amendments to Bill C-45, pursuant to the rules of this House, to committee and, in particular, pursuant to paragraph (e) of the motion that was adopted by the committee on October 31, 2012. By redefining “without further...amendment” to mean “with amendment”, all of the amendments that I had given notice for were retroactively deemed to have been moved without my consent. That choice was taken away from me, and was done so in a manner that falls well outside the rules and traditions of committee.
I am extremely troubled by the precedent that was set at the Standing Committee on Finance meeting on November 21, 2012.
I am concerned that the majority of members can now challenge a chair and change the meaning of words without any debate. I am concerned that the tyranny of the majority can be used to give a rule its opposite intent, effectively leaving individual members without the protection of any rules at committee whatsoever.
Under the rules governing the House and its committees, decisions are to be made by the majority of members. However, the rules also protect the right of the minority to take part in and influence the debate.
At the finance committee, the majority of members representing the Conservatives and the New Democratic Party conspired to overturn a fair and legitimate ruling by the Chair, the member for Edmonton—Leduc, in a manner that was entirely inconsistent with a proper understanding of the English language and without any respect for the traditions or rules of the House.
The result was to retroactively deny my rights as a member of the committee, without any proper debate. The result was also to help the government speed through passage at committee. This is entirely consistent with the government's view of how Parliament ought to be handled or mishandled, but what I have difficulty understanding is why the official opposition would act as the handmaiden for the government at committee and effectively support the government and aid and abet the government running roughshod over Parliament at committee.
I will raise a point of order about the acceptability of the motion for concurrence at report stage at the appropriate time but I am thankful for the time today. What happened at committee last week was probably the worst abuse of the committee process that I have seen in 15 years in this place. To see the official opposition being complicit with the Conservatives on this perhaps reflects a misunderstanding of the rules at that time, in which case, the New Democrats should simply say that they did not understand what was going on and that they did not intend to support the government on this. That would be entirely acceptable. In fact, given the confusion at the committee at the time of some of the New Democrats, perhaps that is what happened, but it would better if they simply acknowledged that and then joined with us in opposing the government's continued disrespect for Parliament and committee.