Mr. Speaker, I have a point of order concerning the draft supplementary supply bill that was distributed earlier this morning. In schedules 1.3, 1.4, and 1.5, the proposed bill contains provisions to pay a number of ministers of the crown through the use of an appropriation act. Specifically, payments would be made, and I believe have been made, to ministers without portfolio or ministers of state who do not preside over a ministry of state.
This initiative—raising all ministerial salaries—was part of the Prime Minister's efforts at gender equality in appointing female ministers with no portfolio responsibilities. Then he discovered, or the ministers discovered, that there was a significant salary variable.
The government subsequently introduced Bill C-24 to amend the Salaries Act to give statutory authority to these pay increases. Bill C-24 is still before the House of Commons, was debated at second reading on October 7 and October 19, 2016, but has not yet received approval in principle. It has languished on the Order Paper, neglected and unloved, and so we are confronted with the rule against anticipation.
It is long-established procedure that estimates cannot be used as a substitute or shortcut for legislation, and it is clear that the government saw the need for legislation when it introduced Bill C-24 to amend the Salaries Act. The House will appreciate the irony of a government that ran against omnibus bills using obscure wording in the estimates to hide and to expedite pay increases for ministers.
O'Brien and Bosc has this to say at page 869:
The Chair has maintained that estimates with a direct and specific legislative intent (those clearly intended to amend existing legislation) should come to the House by way of an amending bill. Speaker Jerome stated in a ruling:
...it is my view that the government receives from Parliament the authority to act through the passage of legislation and receives the money to finance such authorized action through the passage by Parliament of an appropriation act. A supply item in my opinion ought not, therefore, to be used to obtain authority which is the proper subject of legislation.
He also said in a further ruling:
...supply ought to be confined strictly to the process for which it was intended; that is to say, for the purpose of putting forward by the government the estimate of money it needs, and then in turn voting by the House of that money to the government. ... legislation and legislated changes in substance are not intended to be part of supply, but rather ought to be part of the legislative process in the regular way which requires three readings, committee stage, and, in other words, ample opportunity for Members to participate in debate and amendment.
I have a number of references in support.
The collected rulings of Speaker Lamoureux, at page 429, reference a proceeding on December 10, 1973. The issue is stated, “Should items of a legislative character be included in the Estimates?” The decision of the Speaker was,“No, they should not.” A subsequent entry on page 430 contains this statement: “Parliament cannot legislate by Estimates.”
In Beauchesne's, sixth edition, citation 941 at page 259 states:
If a Vote in the Estimates relates to a bill not yet passed by Parliament, then the authorizing bill must become law before the authorization of the relevant Vote in the Estimates by an Appropriation Act.
Reference is made to the 18th edition of Erskine May at page 364, where it is stated:
A motion must not anticipate a matter already appointed for consideration by the House, whether it be a bill or an adjourned debate upon a motion.
Here I respectfully remind you, Mr. Speaker, that debate on Bill C-24 has been adjourned since October 19, 2016.
In a similar manner to the ruling at page 69 of the Journals of January 25, 1973, I would suggests that at this point the House in its totality has not made a decision on the supplementary estimates except to study them. Bill C-24 has, however, been given first reading, and the House is now considering whether it should be read a second time. The bill to amend the Salaries Act would be the more effective way of securing spending authority, and the supplementary estimates ought not to anticipate the decision of the House.
In anticipation of a response from the government that this is not a new practice, I would make two points: first, disorder is not cured by repetition; second, in this instance there is a bill to amend the Salaries Act on the Order Paper. While the practice may have slipped through in the past and become law, this House should respect its own procedures for considering bills.
Therefore, Mr. Speaker, I ask that you remove all references to authority for ministerial salaries contained in these supplementary estimates.