Mr. Speaker, I am rising in the House today on a point of order arising out of the impending report stage votes on Bill C-23, an act to amend the Canada Elections Act and other acts and to make consequential amendments to certain acts.
In particular, I want to address the groupings of motions for debate at this stage. As you know, Mr. Speaker, the NDP has already raised points of order on this topic in the House, for example with respect to the report stage of Bill C-45 in November 2012.
In light of the Chair's decision then to group many amendments together for single votes, I feel obligated to rise today to speak on this subject once again. In part what I want to affirm today is the Chair's role to protect members' rights to exercise their duties as members of Parliament, including the right to vote freely on questions that are put to the House.
I would like to quote House of Commons Procedure and Practice, the second edition, O'Brien and Bosc, which states on page 307 that:
It is the responsibility of the Speaker to act as the guardian of the rights and privileges of Members and of the House as an institution.
On the same page it reads that:
Freedom of speech may be the most important of the privileges accorded to Members of Parliament....
O'Brien and Bosc, a bit later in the same chapter on page 316, note that voting in the House according to a member's conscience is a freedom that all members enjoy in this House, including the Speaker on rare occasions, as you know, Mr. Speaker.
I hope that when I finish speaking, you will agree to let members vote separately on all the motions in amendment at report stage of Bill C-23.
The principle of a free vote is a simple one, Mr. Speaker, one with which everyone in our democracy should be familiar. I am sure that the majority of Canadians who are watching us right now are surprised to see that I must rise today in the House to ask you to ensure that this right is respected when we vote on the motions in amendment at report stage of Bill C-23.
Because this particular bill is of foundational importance to our democracy, this question becomes all the more crucial. Bill C-23 would make significant changes to our electoral laws, and as they currently stand, in many cases these changes damage the letter and spirit of the Elections Act. As well, as we learned after weeks of scrutiny, a majority of Canadians and virtually all electoral experts are opposed to the bill.
With this much on the line, I believe that it is more important than ever to safeguard members' rights to vote separately on all of the motions in amendment that will affect the bill.
As you know, Mr. Speaker, Standing Order 76.1(5) states that:
The Speaker shall have the power to select or combine amendments or clauses to be proposed at the report stage...
The note following the Standing Order adds that:
...the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage...
It is therefore clear that when you select a motion for debate at report stage, this means that it is not of a repetitive, frivolous or vexatious nature, contrary to what the Leader of the Government in the House of Commons likes to say again and again.
However, nothing in the Standing Orders provides that the Speaker must group the motions at report stage for votes on very different issues. There is nothing about the Chair grouping amendments in an effort to spare the government from lengthy votes.
In the annotated Standing Orders of the House of Commons on page 264, the commentary on Standing Order 76(5) does note that the Speaker has a role in limiting duplication when it states:
When the Speaker selects and groups report stage motions for debate, he or she also decides on how they will be grouped for voting.
A further comment is made that this avoids the House having to vote twice on the same issue. The same explanation is given in House of Commons Procedure and Practice on page 784:
When the Speaker selects and groups motions in amendment, he or she also decides on how they will be grouped for voting....
I underscore that it is to avoid the House having to vote twice on the same issue.
It seems to me that these explanations are very clear. The selected scheme must ensure that the House does not vote twice on the same issue.
However, I would submit that the voting scheme that has been selected for report stage motions on Bill C-23 goes much further than this very clear instruction. While it is critical that the Speaker not allow the House's time to be wasted, the Speaker must also fulfill his duty to ensure that the right of members to free speech is protected and exercised to the fullest possible extent.
Specifically, when it comes to the report stage motions for Bill C-23, NDP MPs put 110 motions on the notice paper to delete the worst clauses of the bill, in our consideration, and to also delete the clauses that the committee did not have a chance to debate before the government's motion cut off committee proceedings during clause-by-clause consideration of the bill.
Of those 110 motions, the Liberal Party submitted motions to delete 46 of the same clauses of the bill as our MPs. However, with regard to 54 of the clauses that we moved to delete, Liberals did not. I think it is reasonable to assume that the Liberal MPs would want to vote in favour of the motions that they also submitted, but would likely want to vote against the motions that they chose not to submit. It is the groupings for voting that puts them in this dilemma of choosing a single vote for all 110 motions; those that they submitted and those that they may not be in favour of.
The same problem exists for the member for Saanich—Gulf Islands. She put 13 motions on notice, which were identical to our motions, but 97 of our motions that are grouped along with them were not submitted by the member. It seems logical to me that she too will be put in conflict by having to choose one vote for both parts of this enormous equation; those that she submitted and those that she did not.
What is essentially happening is that the Chair is taking clear, valid, individual questions, and putting them to the House as double-barrelled questions, or, in some cases, questions with many more barrels than two. Looking online, a quick Google search reminds us of what a double-barrelled question is, why it is a breach of the rules of logic, and what kind of absurd results it can yield.
The opening line of the Wikipedia entry for “double-barreled question”, and we could go to any other dictionary as well, tells us that, “A double-barreled question is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer”. One asks two separate questions, but only allows for one answer. That sounds a lot like the situation we are facing here.
The next line tells us, “This may result in inaccuracies in the attitudes being measured for the question, as the respondent can answer only one of the two questions, and cannot indicate which one is being answered”. Again, for report stage on Bill C-23, this sounds very familiar.
These are very basic rules of logical reasoning that are being breached, rules that are necessary to avoid inaccuracies.
Mr. Speaker, on December 12, 2012, in your ruling on the point of order regarding the report stage of Bill C-45, you said that your decisions were not based exclusively on written rules, but also on the evolutionary nature of procedure and precedents.
At that point, you cited a ruling by Speaker Milliken, delivered on April 27, 2010:
...the Chair is always mindful of the established precedents, usages, traditions and practices of the House and of the role of the Chair in their ongoing evolution.
To this, you added:
This not only confirms that it is not just written rules from which the Speaker’s authority is legitimately derived, as suggested by the opposition House leader, but that the evolutionary nature of procedure must be taken into account. It was on this basis of the House’s longstanding acceptance, and in fact expectations, of the practices at report stage, in conjunction with the need for adaptation to the current context, that the amendments for Bill C-45 were grouped for debate and voting purposes in the manner that they were.
Mr. Speaker, I believe that this matter and your decision on it are of fundamental importance to our democracy and its cornerstone, this House of Commons. I look forward to your ruling.