Mr. Speaker, I rise on a question of privilege. It is an honour to come before you regarding the right of a member of Parliament to introduce an S. O. 31.
Our policy manual, O'Brien and Bosc, at page 60 states the classic definition of “parliamentary privilege”. It says:
Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively…and by Members of each House individually, without which they could not discharge their functions....
What are those functions? What are those responsibilities? They are found on page 212 of O'Brien and Bosc, where it states:
Members sit in the House of Commons to serve as representatives of the people who have elected them to...office.
It also states:
The member of parliament represents his constituency through service in the House of Commons.
That is our ultimate responsibility, as members of Parliament, each having the great honour to represent our communities. I am honoured to represent the community of Langley.
It goes on, in O'Brien and Bosc, to say:
—the privilege of freedom of speech is secured to Members not for their personal benefit, but to enable them to discharge their functions of representing their constituents....
It says it there again, the importance of having that privilege, freedom of speech, to represent constituencies.
On page 62 of O'Brien and Bosc, it says, “Privilege essentially belongs to the House”, to yourself, Mr. Speaker. It belongs to the House “as a whole; individual Members can only claim privilege insofar as any denial of their rights, or threat made to them, would impede the [functions] of the House”. Therefore, it clearly says that we each have responsibilities and we have privileges and rights to ensure that we fulfill the responsibility of representing our constituencies.
It also goes on, at page 82 of O'Brien and Bosc, to state:
Any disregard of or attack on the rights, powers and immunities of the House and its Members, either by an outside person or body, or by a Member of the House, is referred to as a “breach of privilege”....
Last Thursday, it was my turn to present an S. O. 31. I was ready and prepared to introduce the S. O. 31.
Some would ask what an S. O. 31 is. In the Standing Orders, clause 31 states:
A Member may be recognized, under the provisions of Standing Order 30(5), to make a statement for not more than one minute. The Speaker may order a Member to resume his or her seat if, in the opinion of the Speaker, improper use is made of this Standing Order.
It refers to Standing Order 30(5). That Standing Order states the days and the times that S. O. 31s can be made. However, back to S. O. 31, it is clear that each member in the House of Commons has the right, the privilege, of presenting an S. O. 31, on a rotational basis that gives each member in the House equal opportunity to represent their constituents.
That has been managed by yourself, Mr. Speaker, for those who are independent members of this Parliament. For those who are members of an official party, as I am a member of the Conservative Party, in an organized way, we, the Liberal Party and the NDP provide you with a list of those who will be making S. O. 31s. However, what has to be guaranteed is that each member of the House has the equal opportunity to make an S. O. 31.
If at any time that right and privilege to make an S. O. 31 on an equal basis in this House is removed, I believe I have lost my privilege of equal right that I have in this House. I was scheduled on March 20 from 2:00 to 2:15 to make an S. O. 31. Fifteen minutes prior to that time, I was notified that my turn to present the S. O. 31 had been removed. The reason I was given was that the topic was not approved. However, there is no reason why an S. O. 31 should be removed.
The only person who can remove that is you, Mr. Speaker, according to S. O. 31. The authority to remove an S. O. 31 from any member of this House is solely in your hands, and the guiding force is under S. O. 31. Again, it states:
A Member may be recognized, under the provisions of Standing Order 30(5), to make a statement for not more than one minute.
So we cannot go over one minute. It could be less.
Then it states:
The Speaker may order a Member to resume his or her seat if, in the opinion of the Speaker, improper use is made of this Standing Order.
Therefore, it is only in your authority, Mr. Speaker, to ask a member to return to his seat if you feel that the S. O. 31 being made is not in order.
I believe that my privilege as a member to present an S. O. 31 was infringed upon by the actions that happened on March 20. This is my earliest opportunity to present my question of privilege to you, today. I believe it is not an issue specifically for me. I have experienced the removal of my right and my privilege, but it is a question as to how this House operates. The question for you is: Should every member have that equal right? Yes, it is clear that every member does. Therefore, how is it being managed? Is it being managed in a way that members could have that right removed? Yes, I have experienced that and others have experienced that too.
Mr. Speaker, I am asking you to rule the matter prima facie, a question of privilege. I also reserve the right to speak again to respond to comments that may be coming from others.
Parliament is based on rules, responsibilities and privileges. Each of us has that responsibility to represent our communities, the people who elected us. We need to have those rights ensured that we have the opportunity to properly represent our communities.
I look forward to your comments, Mr. Speaker, and I appreciate the opportunity to bring this to the attention of the House.
