Mr. Speaker, I am going to start by rereading the motion before the House.
The purpose of the motion is to change six words in Standing Order 11(2). Those words are “including during responses to oral questions”. The Standing Order 11(2) deals with repetitious comments provided in debate. It was entered into our Standing Orders around 1910 and was a direct copy of a rule adopted in Britain in the 1880s, in the Westminster House of Commons.
It was changed in 1927 and it has had the same form since that time, which suggests that, on the whole, it is a good rule and that we ought to consider changes to it with considerable caution. That is going to be a theme of what I say today.
I want to deal with three subsidiary topics as I go through this. First, I want to talk about the value of informal rules, such as the rules that govern question period and that would be replaced under this proposal with the formalized rule that I have just quoted.
Second, I want to deal with the neutrality of the Speaker and some of the problems that might arise for the Speaker's neutrality if this rule were to be adopted.
Third, I want to deal with the fact that there are in fact some relevant rules dealing with the underlying issue that I think is really at stake here, not so much the rhetorical issue but the underlying, legitimate issue that is at stake here.
Let me do these things in order. First, with regard to informal rules, right now the only formal expectation regarding answers to questions is, and I am going to quote O'Brien and Bosc on this point, which says:
There are no explicit rules which govern the form or content of replies to oral questions. According to practice, replies are to be as brief as possible, to deal with the subject matter raised and to be phrased in language that does not provoke disorder in the House.
It is according to the practice of the House, not to any formal rule but to the practices that have been found to work by members in this place going back, not to the beginning of the House but certainly back to 1927 and 1910 when the current Standing Order 11(2) was adopted and then amended.
We have to think carefully about what is being said here. The test of an answer, whether an answer to a question is legitimate or acceptable, is whether or not it provokes disorder, whether or not there is a brouhaha because it was found to be an inappropriate answer in some respect or another.
I can think of a number of different examples of answers that have been given in the House over the course of the 14 years that I have been here that have provoked enough disorder, enough dissatisfaction expressed by members here, picked up in the media, conveyed to the public, that they have caused some form of withdrawal. It could be misstatements of fact that were usually unintentional but nonetheless occurred, and the appropriate response is for the minister to stand up and correct the record after it has been pointed out to him or her. There have been other kinds of overuse of rhetoric in the response. Questions have had the same effect, by the way.
That is the basis we have always used. The proposal here is to remove this informal test and to replace it with something else. I think that is a dangerous thing to do.
The test of looking at our practices and formalizing a practice so that it is now a formal rule means that we are moving away from something that, depending on its context, is known as a practice, as we call it in the House, a folkway as society at large calls it. A convention, which is what we refer to when we are dealing with the manner in which the government is structured outside of Parliament and what is permissible and impermissible, in practice although not in law or usage, is another term for these things.
These are absolutely fundamental to the way our society and our structure of government works. For example, on conventions, there is nothing in the Constitution of Canada that indicates that we have a government in which the Prime Minister, who is not named at all in the Constitution, is the key figure.
In reading our Constitution literally, one would say that the Queen is a dictator who rules through her Governor General and that Parliament very much plays a subsidiary role. There is no such thing as cabinet government. It is not even mentioned; it does not even exist. The only hint we have for the form of government we have is the preamble to the 1867 Constitution. It says that whereas the provinces of Canada, Nova Scotia, and New Brunswick, the initial three colonies that became the first provinces of the new Dominion, are desirous of a constitution similar in principle to that of the United Kingdom, the following would occur.
That is significant. All we have done is to hint at the practices: the constitution, meaning the unwritten constitution of the United Kingdom, as the basis of our government. By the same token, we have a series of practices in the House that are not written down but are ultimately dictated by whether the House itself accepts the responses that are given to questions. We should move with caution when we deal with potential changes to informal rules.
Let me point out one of the kinds of things we should be worried about here.
Mr. Speaker, as I am addressing this to you, I would like you to consider the position you would be in if you had to make a decision during question period on whether a response to an oral question was repetitive, insufficiently relevant, or germane. You are given only a few seconds in the normal course of questions to indicate the next speaker. If you have to stop to say, “I do not think that was right. Try again.”, or, “That was not satisfactory. Deal with it at some other time.”, I am not sure what the remedial action would be in practice.
The insertion of this provision into the Standing Order, Mr. Speaker, suggests that you would name people. Presumably you would either do so in the middle of question period, which would create chaos, or you would do so at the end of question period. We would find out after it was over that the questions earlier on had been unsatisfactory and you had been sitting on your hands regarding the decision. I think it would be completely impossible for you to act as an impartial individual and arbiter in question period. There is a reason we have said that there can be no points of order during question period. It would break the whole process of question period down. It would completely collapse if we allowed that. By the same token, trying to deal with this problem in this way during question period would have a similar result.
The rule relating to relevance has to do primarily with long-winded speeches or filibusters in the House or committee of the whole, or potentially in subordinate committees. We have all experienced them. In fact, many of us have engaged in what probably would be considered by most standards to be a filibuster that was highly repetitious. I can think of a few examples in which I was on both sides of that, government and in committee.
I see a fellow member of the procedure and House affairs committee chuckling. I suspect she is recalling a particular occasion in which an opposition member was engaged in a filibuster and was running out of steam, and I tried to spell him off so he could reformulate his thoughts.
In such a situation it may be appropriate to speak of relevance, but that is in the context of debates that go on for very long periods of time. Our questions and answers are all less than one minute long. Therefore, trying to deal with these things through the direct intervention of the speaker, using a rule that was intended for an entirely different situation, would put an impossible burden on the Speaker. I, for one, would not want to serve as a Speaker under such circumstances.
There is a rule in place that deals with the fact that sometimes answers are not satisfactory from the point of view of the MP who asked the question. The most fundamental of these is that we frequently get a question and then a supplemental. The supplemental tries to focus a little more tightly, if the minister missed the point of the initial question. However, if that does not work, we have a rule that has been in effect for a very long time, since 1964, that allows for the MP to ask to have the matter raised during adjournment proceedings. This is Standing Order 37(3), which was adopted 50 years ago, in 1964.
This rule says the following:
A Member who is not satisfied with the response to a question asked on any day at [question period]...may give notice that he or she intends to raise the subject-matter of the question at the adjournment of the House.
This is known as “the late show”. That term has been used since the 1980s. Late show questions, or adjournment questions more precisely, are initiated by using a form which is circulated to members. I actually brought one. I am not sure it counts as a prop to wave a form around that is given to members of the House of Commons. It is perhaps just as well that I have misplaced the copy I had here. Normally they are placed in our desks. I went up to the Table and asked for a copy to show to everybody.
We fill in the form. We indicate that minister X has given a response that seems in our own discretion to be unsatisfactory. That form is then presented to the Table, and the minister or the parliamentary secretary to the minister then has to respond within a certain number of sitting days.
This allows for a more detailed response, in part because the responses at adjournment proceedings, the late show, are four minutes long. The member will re-pose the question, sometimes with a great deal more detail, and he or she will get a four-minute long response. I have posed questions at the late show.
The member then has a one-minute supplemental question, and a one-minute response from the minister or parliamentary secretary. This allows the member to focus on whether the minister or the parliamentary secretary has been digressing or missing the point once again.
Originally the rules called for simply one question and one response, and that was changed when it was found not to be good enough. I had the honour of being the first person to ask a question under the new rules that allow for the one-minute supplemental question and one-minute response. This was designed to ensure a little more spontaneity from the minister or parliamentary secretary because written responses were frequently given.
Attempts have been made for half a century, with adjustments in the 1990s, and again in 2001, to allow for more fulsome answers. I suggest that is an excellent way of dealing with the basic problem of relevance.
I do not know if the member who spoke a moment ago, from St. John's, took advantage of that opportunity, but I would say to anybody who finds themselves in a similar situation to do that. I always did it when I was dissatisfied with the answer. Sometimes I thought the answer was just fine, but I submitted one of the forms anyway. It is an option that can be exercised at the absolute discretion of the questioner.
That is a mature and thoughtful response to a legitimate problem. Sometimes in the hurly-burly of question period we cannot deal with a problem, or we cannot get something dealt with in a thoughtful way. We cannot get a considered response in 35 seconds. Sometimes the minister has misunderstood the question, and sometimes the questioner does not think that the response is legitimate.
Separate from that, we have a custom in the House that if the question and the response to the question cause some kind of disorder, then remedial action is taken. I suggest that a version of that is what happened last week, and I think that is healthy for the House.
In my view, there is no need for this particular change. However, if a change were to be considered, I would strongly suggest that it not take the form of an amendment to Standing Order 11(2), which was intended for something else. That is an unwise place to put this kind of change. The Standing Order was clearly intended to deal with matters that are entirely different, very long-winded debates that go on for hours, and not for a matter of just a few seconds.