I am now prepared to rule on the question of privilege raised on February 16 by the member for Saanich—Gulf Islands concerning the participation of independent members and unrecognized parties during question period.
During her intervention, the member reminded the House that one of the essential rights of members is to participate in the proceedings of the House and to ask questions in order to hold the government to account. She feels that this right is being violated because independent members and unrecognized parties are not able to participate in question period on Wednesdays, the day when the Prime Minister normally answers all questions. She said that she had had a number of unproductive discussions on this matter with the leaders in the House of the recognized parties.
The member for Saanich—Gulf Islands asked the Chair to confirm that all members of all parties, recognized or not, have the right to ask questions during question period on Wednesdays. She thus asked the Speaker to order the recognized parties to meet and hold discussions with the independent members and unrecognized parties to find a solution that works for everyone.
Before continuing, I would like to take a moment to remind the members of the difference between questions of privilege and points of order.
As Joseph Maingot puts it in the second edition of Parliamentary Privilege in Canada, at page 223:
...where the answer to the alleged “question of privilege” is contained in the rules or the practice of the House, it would unlikely involve a breach of the privileges of Members. ...A breach of the Standing Orders or a failure to follow an established practice would invoke a “point of order” rather than a “question of privilege.” Allegations of fact amounting to allegations that proper procedures were not followed are by their very nature matters of order, and even if valid will not receive priority in debate as would a prima facie case of privilege.
With all respect, the matter raised by the member is not a question of privilege of the House; it is, rather, a point of order.
This is not the first time that the Chair has been called on to rule on the appropriate role of independent members and unrecognized parties during question period. My immediate predecessor, in particular, gave a major ruling on this matter on October 23, 2018. He pointed out that the participation of independent members during question period is based on the delicate balance of a number of factors.
Independent members and unrecognized parties are in a peculiar position, because Canadian parliamentary practices were, to a large extent, developed with recognized parties in mind. That does not, however, relieve the Chair of all responsibilities for independent members and unrecognized parties. The Chair has a definite role to play in protecting their rights. While exercising this significant role, it is important that the Chair find a balance between the rights and interests of the majority and of those of the minority. In doing so, the Chair must try to be equitable and fair, without tipping the balance too far on one side or the other.
Central to the question raised by the member for Saanich—Gulf Islands is the issue of the allocation of oral questions to allow independent members and unrecognized parties to put questions directly to the Prime Minister on Wednesdays.
The third edition of House of Commons Procedure and Practice has this to say on the matter, at pages 515 and 516, and I quote:
In reality, questions are directed to the Ministry as a whole, although customarily they are addressed to specific Ministers. It is the prerogative of the government to designate the Minister who will respond to a given question, and the Speaker has no authority to compel a particular Minister to respond. The Prime Minister...may respond to any or all questions posed during Question Period. ...Members may not insist on receiving an answer nor may a Member insist that a specific Minister respond to his or her question.
At present, it is the Prime Minister's practice to respond to all oral questions on Wednesday. It should be noted that there is nothing in the Standing Orders to oblige him to do so, just as there is nothing that prevents him from answering all questions on the other days of the week. Conversely, the Prime Minister can decide not to respond to all the questions put to him, even on Wednesday, if he feels, for example, that another minister is better able to answer the question. Thus, even if independent members were given a question on Wednesdays, the Prime Minister would be under no greater obligation to answer it, and the Chair could not compel him to do so. The relevant principle here is the principle of ministerial responsibility: Ministers assume collective responsibility for the policies and decisions of the government.
On a more practical level, the Chair must also deal with a time constraint with respect to the duration of question period as provided for in Standing Order 30(5). While it happens frequently that question period runs long, the fact remains that, as Speaker, I must enforce the rules that the House has established for itself and manage proceedings in the House as best as possible in order to attenuate as much as possible the impacts of the rest of the day's deliberations.
The distribution of slots for debate, statements and questions has been determined in recent years by negotiations among the recognized political parties at the beginning of each Parliament. In light of this practice, the Speaker's role is to implement the negotiated agreement in a way that respects members' rights. The Chair cannot unilaterally change such practices. It can simply continue to reconcile the three fundamental elements, which are established parliamentary practices, the time provided for by the Standing Orders and the opportunity for independent members and unrecognized parties to address questions to the government.
What is more, in addition to question period, independent members and unrecognized parties have a number of opportunities to participate in the proceedings of the House and its committees so as to hold the government to account and influence the administrative policies put forward. As legislators, our rules allow them to participate in the review of the government's legislative agenda by proposing amendments at both the committee and report stages. They participate in the debate, less frequently it is true, but primarily during the questions and comments after the speeches at each stage of the legislative process. They can also put questions on the Order Paper and ask for a response from the government or take part in the adjournment debate.
Thus, in light of the information presented and the precedents in this matter, I cannot conclude that the point of order is substantiated nor see in it any breach of parliamentary privilege, inasmuch as the question, as I already stated, has more to do with our practices and customs than with privileges. The Chair is not convinced that the member, personally, or the other independent members, collectively, are hampered in their parliamentary function or treated inequitably by the current arrangement governing question period.
The Standing Committee on Procedure and House Affairs will perhaps want to look into the way that question period is conducted, including the participation of independent members. I encourage the member for Saanich—Gulf Islands to channel her efforts in this direction. I remain open to revisiting this issue if circumstances justify it.
I thank members for their attention.
We have a point of order from the hon. member for Saanich—Gulf Islands.