I am now prepared to rule on the question of privilege raised on November 3, 2016, by the hon. member for Essex regarding the tabling of treaties in Parliament.
I would like to thank the member for Essex for having raised the question, as well as the Leader of the Government in the House of Commons and the Parliamentary Secretary to the Leader of the Government in the House of Commons for their comments.
In raising the question of privilege, the member for Essex contended that the government violated its own 2008 policy on the tabling of treaties in Parliament when, on Monday, October 31, 2016, the Minister of International Trade tabled in the House of Commons a copy of the comprehensive economic and trade agreement between Canada and the European Union and its member states without an explanatory memorandum and, immediately after, introduced implementing legislation for that treaty, Bill C-30, an act to implement the comprehensive economic and trade agreement between Canada and the European Union and its member states and to provide for certain other measures.
In particular, the member indicated that the government's policy in this regard stipulates that a waiting period of at least 21 days be observed before introducing implementing legislation in Parliament and that treaties be accompanied by an explanatory memorandum. In her view, the government's negligence in fulfilling the obligations of its own policy infringed on members' privileges, as it left them unable to scrutinize the voluminous agreement and its implementing legislation.
The Leader of the Government in the House of Commons replied that the process governing the tabling of treaties is in fact a government policy and, thus, not a matter of parliamentary procedure.
For his part, the Parliamentary Secretary to the Leader of the Government in the House of Commons argued that departmental activities do not fall under the purview of the House or the Speaker and that, in any case, CETA had been granted an exception to the 21-day waiting period pursuant to section 6.3 of the government’s policy.
Members may recall, as was mentioned by the Parliamentary Secretary to the government House leader, that the Chair was faced with a very similar point of order regarding the same policy on treaties in the last Parliament. In response, my predecessor concluded on May 12, 2014, on page 5220 of the Debates, that, and I quote:
It is clear to me that the policy in question belongs to the government and not the House. It is equally clear that it is not within the Speaker's authority to adjudicate on government policies or processes, and this includes determining whether the government is in compliance with its own policies.
He went on to say:
...the distinction between governmental procedures and House procedures remains and must be acknowledged.
In fact, the member for Essex acknowledged this very distinction when she stated on page 6557 of the Debates:
I am aware that the minister's own policy on the tabling of treaties in Parliament is not governed by the Standing Orders of the House.
It bears repeating my predecessor’s explanation that, although many Standing Orders and statutes require that certain documents be tabled in the House, as described on pages 430 and 609 of House of Commons Procedure and Practice, second edition, there is no mention in our Standing Orders of a specific requirement regarding the tabling of treaties or accompanying explanatory memoranda, nor of any prescribed time limits with respect to the tabling of implementing legislation.
Thus, it is clear to the Chair that, as was the case in May 2014, this policy cannot be regarded as part of the current body of rules that govern the House's procedures and practices. It is equally clear that when members request redress with respect to rules external to the House, as Speaker I can neither interpret nor enforce them. It has long been the case that the Speaker's role is limited to ensuring that the body of rules and practices that the House has adopted are respected and upheld.
Therefore, the Chair cannot find evidence to support the member's contention that she was impeded in the fulfilment of her parliamentary functions. Accordingly, I cannot find that there is a prima facie question of privilege.
I thank all hon. members for their attention.
