Mr. Speaker, before making my comments and observations, I would simply like to reread the motion, because we have heard many things, particularly from members of the opposition parties. The motion introduced by the government House leader has been somewhat distorted. This motion reads as follows:
For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.
Our job today is to limit your role but to increase your responsibilities, but the amendment moved should also considerably speed up the work of the House and thus improve its effectiveness for the general well-being of the public, which we are all here to serve.
It is a question of correcting a flaw in our parliamentary procedure which arose over the years in the course of daily practice, rather than through any rule. We are all familiar with the practice of delaying as long as possible the passage of a bill which, for various reasons, does not meet with the approval of our own constituents.
When I say our own constituents, I am speaking from the point of view of individual members and sometimes of a particular party. As I said, we are very familiar with this practice, the purpose of which is simply to delay passage of a bill as long as possible.
In all honesty, we have to acknowledge that there are many among us, on both sides of the House, I have to say, who use this practice and not simply to abuse procedure. We are not laying blame on anyone here. Our actions in this House are all motivated by the mission we have been given: to serve our electors.
Whatever the aims of a given political strategy, they are in accordance with the hopes of those who chose us to defend their interests to the best of our ability. Nevertheless, the end does not always justify the means, because in order to look after the interests of one, we sometimes, even often, neglect those of others. We necessarily impinge on precious time that should belong to the House as a whole in order to administer the affairs of the nation.
Certainly, the major parliamentary reform of 1968 provided for this eventuality and gave the Chair the authority to strike it. However, your predecessors, Mr. Speaker, have tended bit by bit to give way to the expression of democracy to the point that, over the years, this trend has become a parliamentary tradition and the practice has taken root. It is clear that in many cases it has been nothing more than an abuse of the practice. I repeat: it is clear that in many cases it has been nothing more than an abuse of the practice.
Earlier, the minister mentioned that the proposed amendment was not the result of a unilateral decision. After consulting with parliamentary leaders, we recognized the situation and the need to correct it. However, the way to correct it remains problematic. There were a number of options, but they did not allow for targeted solutions on other rules that had to be changed. Therefore, the minister simply chose to go back to the comprehensive reform of 1968, which offers the best solution in that it allows us to solve the problem without having to amend other rules that have proven their effectiveness.
Indeed, it is simply a matter of reaffirming the powers that the Chair already has, but that it no longer exercises to better protect freedom of expression. I really want to emphasize this point.
The opposition claims that, through this motion, the powers of the Chair will be restricted and even constricted. That is not so. In fact, the motion strengthens the powers and the authority of the Chair. This is at the core of the issue.
Under the standing orders, once a standing committee of the House has completed its review of a bill, a process that already includes amendments, the bill goes back to the House for what is called report stage. In other words, the standing committee submits a report on its review of the bill in question.
We all know that when a bill is reviewed in committee, public consultations take place and any committee member can propose amendments or changes which, in his or her opinion, will improve the bill.
This applies equally to a government bill and to a private member's bill that has succeeded in getting through the House for referral to a standing committee.
This is the appropriate time for members, particularly those who were not on the committee, to express their opinion on the bill and propose amendments they would like to see made, provided of course that they have given written notice of them. The only exception to this rule is bills relating to supply or ways and means motions.
Since the reform in 1968, there have been a variety of amendments in the standing orders relating to the report stage, on the length of speeches in particular. However, if the original intent of this report stage was mainly to broaden the debate, it was not in any way intended as reconsideration of what has already been considered by the committee. Yet that is exactly what is happening at present, and has been for some time.
As we are well aware, the present strategy consists precisely in repeating in the House the arguments that have already been raised in committee, and that have already been the subject of discussion, exchanges of views, debates and comments in the committee. It even happens that certain arguments are knowingly advanced before the standing committee responsible for considering the bill as a means of bringing them before the House as a whole.
The last major procedural reform had taken that into account. The standing orders conferred upon the Chair the power to group together the amendments proposed in order to avoid repetition and also to judge the merits of the amendments and thus their admissibility.
In practice, however, our Speaker's predecessors bowed to the benefit of the doubt and, gradually, out of concerns about limiting freedom of expression, they delegated their decision making power to the House as a whole, with the negative results we are today attempting to correct with this amendment.
This power comprises all the rights necessary for the solution we seek. The Speaker therefore has the right to reject a motion the committee has already declared inadmissible, unless he personally believes that it merits attention. If he deems it appropriate he can call upon the motion's sponsor for sufficient explanations to facilitate his decision. He must retain only those amendments which, for a variety of reasons, could not be debated in committee.
Finally, to shorten debate, he may group together motions which concern the same topic or are in some way similar.
At this point, two criteria come into play: the content of the proposed amendment, and where it fits in the bill. It should be pointed out, however, that the Speaker is not required to voice an opinion on the purpose or substance of the proposed amendment, or even comment on whether it merits discussion. His sole task is to decide whether or not the amendment is in order according to the rules of procedure on admissibility.
In connection with this aspect of the rules of procedure, the British parliament has an imposing jurisprudence, built up over many long years of experience, which, I am sure, would serve as a very valuable guide to our Speaker. The responsibility is heavy, however, I agree. It presupposes what are sometimes some very difficult situations.
We must bear in mind the fundamental reason for the existence of this chamber: to serve, to the best of our abilities, the public, which has put its trust in us to improve its living conditions.
It is also a question of a responsibility we must all assume for the collective good of society. I think that this proposed amendment to our parliamentary procedure will make our job and the Speaker's easier and will enable us to exercise the responsibility falling to us with greater rigour.
Were we to do so, I think that the general effectiveness of this parliament would benefit and, ultimately, the esteem in which Canadian politicians are held.
We have heard many claims from members of opposition parties. One of them was that the amendment will actually restrict the ability of backbenchers and simple members of parliament to bring amendments to the legislation and that it will actually restrict the Speaker's authority. The authority is already there. What has happened is that through the years, from 1968 until quite recently, preceding speakers chose not to use that authority. We are talking over 30 years ago.
I would defy members of the opposition to name one court, whether it be judicial or administrative, where frivolous actions can be brought in and where the judge, whether a judicial judge or an administrative judge, does not have the authority to dismiss out of hand on the face of the evidence or the file, a frivolous or an abusive action.
One only has to look at some of our commissions, for instance, both at the federal and at the provincial level, whether it be governance or civilian oversight of law enforcement agencies, where there is that authority. It is a well established practice and concept that frivolous, abusive and repetitive actions have no place in proceedings.
It is already part of your authority, Mr. Speaker. This amendment simply re-establishes that it is within the Speaker's authority to deem motions, which been brought before the House and which are frivolous, abusive or vexatious, out of order. In many cases, the sole objective of these motions is simply to delay the proceedings of the House.
There are members on the opposite who claimed that this was somehow limiting democratic expression of members. I fail to see how being forced to vote for hours on end on frivolous or in some cases vexatious motions, or changing a comma from here to there, allows me as a member of parliament to express the views of my constituents. It does not.
In fact, it actually limits the amount of time that I or any other member of the House have to actually debate issues. It reduces the amount of time that the House has in order to deal with the substantive issues and to deal with them in a substantive way.
Returning to my point, this amendment does not in any way limit, constrain or lessen the powers of the Speaker of the House. On the contrary, it reinforces his powers which, while already in existence, have been affected by a practice which has set in and prevented him, in a way, from exercising them and putting them into application.
I believe that this amendment would provide not just the government but the House as a whole with more facility and more means for the democratic expression of the points of view of their constituents.
This would, I believe, also give more time. We are always hearing complaints about insufficient time for private members' business. If we are not tied up, if our time is not taken up, with votes about changing a comma we get more time. The sole objective of such motions, which often originate with the opposition and let us hide nothing here, is merely to hold up, to block, the legitimate work of the House, the legitimate work of the members.
It is all very well to speak of the government, but there are members of parliament here. We too have work we want to get done, whether through bills or through motions. Procedures and amendments which are, in my opinion and that of many others, frivolous or vexatious ought to be declared inadmissible. The Speaker has the power. This amendment reinforces that power. It hearkens back to the source.
In closing, therefore, I call upon all colleagues on both sides of the House to support this motion by the government.