I am now ready to rule on the point of order raised on March 22, 2022, by the House leader of the official opposition concerning the status of the New Democratic Party as an opposition party. While I would have preferred for the Speaker himself to rule on this important matter upon his return, there is an immediate issue that needs to be addressed.
In his observations, the member alleged that the confidence and supply agreement between the New Democratic Party and the Liberal government is a coalition and that by supporting the government, the New Democratic members have ceased to form an opposition party. He argued that, as a result, the New Democratic Party should no longer have the same rights as the other opposition parties with regard to the proceedings of the House and its committees or to the related procedural and administrative rules.
In response, the member for New Westminster—Burnaby argued that there have already been supply and confidence agreements in a number of legislative assemblies in Canada, as well as in other countries. This type of agreement is very different from a coalition government, in which the members from two or more parties hold ministerial posts. Rather, it means that an opposition party agrees to support the government on certain issues in exchange for the implementation of that party’s main priorities. He also added, as did the member for Saanich—Gulf Islands, that when such agreements occurred, these parties remained in opposition, with all the privileges attached to that status.
As for the member for La Prairie, he said that he was primarily concerned about the agreement to have public servants share information with the New Democratic Party and a possible imbalance between the powers of government and the opposition’s role to hold it accountable.
As members know, the Chair deals with procedural issues, not political ones. Fundamentally, the agreement in question is a political one. It is not the Chair’s role to interpret or give meaning to such agreements between parties.
The procedural issue therefore rests on the rights exercised in our proceedings by members of the opposition and those of the government.
Let us first look back at the basis of our political system. Members are elected to the House under the banner of a political party or as independents. The party that can obtain the confidence of the House forms the government. As such, it is the governing party and it consists of ministers, parliamentary secretaries and backbenchers who, without being members of the executive, are all part of the same political group. The other parties in the House and independent members constitute the opposition since they are not members of the governing party.
In a ruling of September 24, 2001, Speaker Milliken, dealing with the question of the identification of parties, specified at page 5491 of Debates:
…these are matters that the House has always left entirely to the discretion of MPs. They identify themselves as individuals and are free to identify themselves as a group. Their spokespersons are theirs to select. Neither the Speaker nor other members has a say in such matters.
It is clear to the Chair that there is no change in the status or designation of the members of the New Democratic Party, nor in that of their officers, as a result of this agreement.
The Chair wishes to point out that it is not unusual for opposition parties to form certain agreements with a minority government without thereby becoming members of that same government. As was mentioned, this has happened in a number of provincial and international legislatures. The House has also seen formal and informal agreements between the government and an opposition party, such as during the 29th Parliament from 1972 to 1974, among other examples. We also saw an example of a formal coalition in 1917, the only example in our federal Parliament’s history.
In the current case, it is not for the Chair to determine if this agreement between the Liberal Party and the New Democratic Party is a coalition.
However, this agreement does not equate to the creation of a new government party or a new political caucus. No NDP member is holding a ministerial post. There has been no change in the representation of the parties in the House.
As a result, it seems obvious to the Chair that the NDP still forms a recognized opposition party, just like the Conservative Party of Canada and the Bloc Québécois.
The Chair is confident that the specific provisions of the agreement between the two parties, including those relating to the sharing of and access to information from public servants, will respect the rights and privileges of the House and all parliamentarians.
I thank all members for their attention.