Madam Speaker, I am rising to respond to a question of privilege raised by the member for Montcalm on May 4, 2017, on the rights of the non-recognized parties.
The member alleges that representatives from the non-recognized parties are unable to sit on committees, participate in the consideration of parliamentary reform, and that time allocation limits the participation of such members from debate. He alleges that this impinges these members from discharging their parliamentary functions.
Let me take the member's grievances in the order in which they were raised.
First, the member for Montcalm states that the members from the non-recognized parties are barred from committee, and in particular were barred from participating in the procedure and House affairs committee's deliberations on Standing Order changes.
This is simply not accurate. Standing Order 119 provides that “Any Member of the House who is not a member of a standing, special or legislative committee, may...take part in the public proceedings of the committee, but may not vote or move any motion, nor be part of any quorum.”
I would also add that all committees have adopted a motion to allow members from non-recognized parties to participate in committees by moving amendments to bills and speaking to those amendments. There have also been instances where members from recognized parties have allowed members from non-recognized parties to use their speaking slots in committee, so they too can be heard.
The member stated that members from non-recognized parties were not able to participate in the deliberations at the procedure and House affairs committee on the motion put forward by the member for Coast of Bays—Central—Notre Dame. Perhaps the member for Montcalm is unaware that his colleague, the member for Pierre-Boucher—Les Patriotes—Verchères, participated in debate at that committee on the aforementioned motion.
Secondly, on the member's statement that making changes to the Standing Orders requires consensus and doing otherwise would not be in keeping with the practices or customs of the House, this is simply not the case. In 1991, the Conservative government unilaterally made significant changes to the Standing Orders without the support of any opposition parties. Changes were also made to the Standing Orders in 1913, 1968, and 2014 without consensus.
Third, the notion that the use of time allocation impedes the ability of members from non-recognized parties to speak has been the subject of Speakers' rulings. On November 26, 2014, the Speaker stated on this matter the following: “As early as 1993, Speaker Fraser spoke of limits of the Speaker's authority in relation to the use...[of time allocation].” “Speaker Fraser stated, I have to advise the House that the rule is clear. It is within the government's discretion to use it. I cannot find any lawful way that I can exercise a discretion which would unilaterally break a very specific rule.”
There are natural limits to the ability of non-recognized members to participate in debate. Opposition days rarely afford the ability of such members to speak on the matter before the House. In some cases, private members' business also can have the same effect. Naturally, not every member of the House can speak to every debatable motion.
Page 648 of the second edition of the House of Commons Procedure and Practice states:
When asked to determine the acceptability of a motion to limit debate, the Speaker does not judge the importance of the issue in question or whether a reasonable time has been allowed for debate, but strictly addresses the acceptability of the procedure followed. Speakers have therefore ruled that a procedurally acceptable motion to limit the ability of Members to speak on a given motion before the House does not constitute prima facie a breach of...privilege.
Fourth, and finally, the member submits that the non-recognized parties were not informed of the government's intentions regarding the procedural amendments at the same time as recognized parties. The member alleges that this unequal treatment is a breach of privilege. I would note that the correspondence to which the member refers was a letter written to the government House leader from the opposition House leaders. Perhaps the member should raise with the opposition House leaders why the members from the Bloc, the member for Saanich—Gulf Islands, and the member for Nunavut were not included.
Our government has proposed sensible reforms to empower all members of the House to more effectively participate in the legislative process. The opposition parties and members from the Bloc and the member for Saanich—Gulf Islands rejected those proposals.
I submit that the issues raised by the member for Montcalm do not in any way meet the threshold of constituting prima facie a breach of privilege.