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Crucial Fact

  • His favourite word was debate.

Last in Parliament September 2018, as Conservative MP for York—Simcoe (Ontario)

Won his last election, in 2015, with 50% of the vote.

Statements in the House

Points of Order November 28th, 2012

Mr. Speaker, the decision that you will have to make regarding the upcoming treatment of Bill C-45 at report stage is a particularly important one, because your determination will largely settle whether the opposition can effectively make a farce of the procedures of the House and shut down the legislative process, or whether you will give actual meaning to the intent of the Standing Orders and allow the business of the country to be done in a meaningful and democratic fashion.

I will refresh everyone's memory of what we are talking about. We are talking about the interpretation of Standing Order 76(5), which relates to amendments at report stage to any legislation. In particular, we are now talking about the budget implementation bill. This Standing Order sets out the Speaker's power to select and combine amendments at this stage. It states in part, “The Speaker shall have the power to select or combine amendments or clauses to be proposed at the report stage...”. The opposition House leader is advising you, Mr. Speaker, to amend unilaterally this Standing Order to render it ineffective. That should not be the case.

If there is any doubt as to how this should be interpreted, a note was added by previous governments, not a Conservative government but a Liberal government, that reads as follows:

The Speaker will not normally select for consideration any motion previously ruled out of order in committee.... The Speaker will normally only select motions that were not or could not be presented in committee. A motion, previously defeated in committee, will only be selected if the Speaker judges it to be of such exceptional significance as to warrant a further consideration at the report stage. The Speaker will not normally select for separate debate a repetitive series of motions which are interrelated and, in making the selection, shall consider whether individual Members will be able to express their concerns during the debate on another motion.

The most important recent addition states:

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.

We recall that there was some public comment after the ruling earlier this spring and the number of amendments allowed. Here I refer to comment by the actual individuals who were involved in the preparation of that section and the changes that were proposed to the Standing Orders. They expressed some disappointment at the ruling that was made and thought that the powers were there for the Speaker to prevent the abuse that we saw earlier this spring, when the House was tied up for many hours by hundreds of votes, none of which changed a single comma, all of which were clearly and evidently an abuse of the process and a massive cost to Canadians in terms of the operation of the House and an inconvenience to members who had other business to do for the purposes of this country.

I will point out that the Standing Orders and the powers in them have a history to them; they do not exist separately and apart. If we review O'Brien and Bosc, there is some reflection on this history at page 777, which states:

In 1955, the House amended its Standing Orders to reflect this practice.

That referred to a previous practice of concurrence in amendments from committee. As O'Brien and Bosc note:

It was agreed that amendments had to be presented to the House and that the motion for concurrence in the amendments had to be disposed of forthwith before the bill was ordered for debate at third reading at the next sitting of the House. The effect of these amendments to the Standing Orders was to eliminate what then constituted the equivalent of report stage. In 1968, the House undertook a thorough revision of its legislative process with the result that all bills, except for those based on supply or ways and means motions, were thenceforth to be referred to standing or special committees, and would not be reconsidered by a Committee of the Whole House. In addition, the House restored report stage [that was the trade-off] and empowered the Speaker to select and group amendments.

That was the management aspect of it.

Therefore, in restoring report stage, effectively, it was not done carte blanche, so that everything had to be considered. There was a recognition that there were some risks. That is why the Speaker was given powers to allow the House to continue to function, powers to limit an abuse through procedural measures and unnecessary, frivolous, vexatious or duplicative amendments.

O'Brien and Bosc go on to state:

In recommending that report stage be restored, the 1968 Special Committee on Procedure believed that stage essential in order to provide all Members of the House, and not merely members of the committee, with an opportunity to express their views on bills under consideration and to propose amendments, where appropriate. For all that, the intent of the Committee was not for this stage to become a repetition of committee stage.

I put it to you, Mr. Speaker, that with the amendments we have seen on notice so far, nothing could be closer to an effort to replicate exactly what happened at committee, or could have happened at committee. That was clearly not the intent of establishing report stage.

Report stage was to allow for that rare, unique and relatively uncommon circumstance where an idea had not occurred to someone at committee but that here in the House some felt that an amendment was appropriate, novel and different and sought to bring it forward. However, there is nothing novel in the amendments that we see on notice. There is nothing innovative. There is nothing significantly different from what has been proposed or could have been proposed earlier.

Finally, I will go to the most recent change.

Most recently, in 2001, an additional paragraph was added to the above-mentioned note. This occurred in response to the flooding of the notice paper with hundreds of amendments to certain controversial bills. The new text emphasized that the Speaker would not select motions that were “repetitive, frivolous, vexatious or serve only to prolong debate unnecessarily”. Those are overwhelmingly the amendments that we see on the order paper today. The new provision was designed to respond to the evil that was already occurring and undermining the process of the House.

When changes are made, they are generally responding to a problem that exists. Those new powers exist to deal with that. Mr. Speaker, I submit that they should be exercised by you.

When we reflect on what has happened already in the committee proceedings on the budgetary policy of the government, including ways and means Motion No. 7, the first budget implementation bill, Bill C-38, as well as the present legislation, there have already been almost 4,600 votes on the government's budgetary policy.

How much has changed as a result of all of those votes and amendments to what has been proposed by the government? Not one comma, not one word. That is the clearest evidence that the current amendments represent an abuse of process only designed to try to delay and be vexatious and prolong matters.

My submissions are centred on five points.

First, the clause deletion motions are a repetition of committee proceedings and merely seek to prolong report stage proceedings and, therefore, should not be selected.

Second, in the alternative, if the clause deletion motions are selected, they should be grouped in a manner that recognizes the anticipated will of the House.

Third, the other amendments from the New Democrats and Liberals should not be selected because they were presented at committee, or could have been presented at committee.

Fourth, some of the motions by the member for Saanich—Gulf Islands should not be selected on the grounds that they were presented at committee or are similar to amendments dealt with at committee, or that they infringe on the financial prerogative of the Crown.

Fifth, the other report stage amendments from the independent members of Parliament must be grouped in a way that prevents the entire House from being detained in a marathon of votes originated at the whim of, effectively, a single member of Parliament.

Mr. Speaker, as with any bill pending at report stage, you are required to make certain decisions under, among other provisions, Standing Order 76.1(5). Again, this is the one I read earlier about your having the power to select or combine amendments or clauses to be proposed at report stage.

It is in this spirit that I do tender this advice given that the government is scheduling that report stage of Bill C-45 will start tomorrow. Mr. Speaker, I can appreciate that you have a lot to consider today and this evening. I hope you do not have any plans.

Given the duplicated notices from multiple members of each of the two recognized caucuses, for ease of reference, I will refer to those from the members for Winnipeg North, Westmount—Ville-Marie, and Kings—Hants as the Liberal motions, and those from the members for Parkdale—High Park, Rimouski-Neigette—Témiscouata—Les Basques, Brossard—La Prairie and Hamilton East—Stoney Creek as the NDP motions.

I would say that the motions to delete clauses are not an effort to amend the bill, but merely repeat what we saw at committee stage. The effect of the adoption of all of the proposed motions to delete clauses would effectively be to eviscerate the bill.

On October 30, the House adopted Bill C-45 at second reading, thereby agreeing to its principle. The House of Commons Standing Committee on Finance reported the bill without amendment to the House on November 26, after consideration of each and every clause.

It may be justifiable in a minority Parliament for the Chair to accept any questions for the House to decide, because it is difficult to predict the intentions of the majority of members. This is not the case in a majority Parliament in general. There is no reason to substantiate an assumption that the House would use report stage to reverse itself in the decision it took at second reading of Bill C-45. In fact, the course of the almost 4,600 votes so far on the budgetary policy of the government established this quite clearly. I do not think anyone is in any suspense as to the outcome of the number of votes that we have. It is only a suspenseful question of how long the endurance test will be of the votes we will put to the House.

I submit that the report stage motions to delete the preponderance of the clauses in the bill effectively seek not only to reverse the outcome of the second reading vote on the bill, but also constitute a repetition of committee stage of the bill. As I said, that is particularly the case since each clause did carry separately in the clause-by-clause votes.

The second paragraph of the note that is in our Standing Orders accompanying Standing Order 76.1(5) with respect to the Speaker's power to select amendments states in part, “It is not meant to be a reconsideration of the committee stage of a bill”. I repeat that: report stage is not to be a repeat of the consideration that occurred at committee.

On February 27, 2001 the House added this paragraph to the note accompanying Standing Order 76.1(5):

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....

It then continues on about the British rules.

I read to the House the excerpt from O'Brien and Bosc about the circumstances where there was an abuse with the flooding of amendments. Therefore, we have seen it happen before. We have seen that Parliament has decided that the kind of abuse that occurred in the past should not be allowed to be repeated and, hence, it changed our Standing Orders to reflect that such abuse should not be permitted and that you, Mr. Speaker, have the power to prevent it and to prevent the undue delay.

In the present case we have again seen the notice paper flooded. Today's notice paper lists some 1,662 report stage motions respecting Bill C-45. I am not a betting man, but I am willing to bet anyone in the House that I do not foresee any of them passing.

We know that most of the motions have already been considered at committee. We know that the House has approved overwhelmingly the budget, the budgetary policy of the House and this particular legislation at second reading. By breaking these out into multiple deletion clauses and other frivolous and vexatious amendments, nothing is being achieved but a waste of time, resources and the discrediting of our parliamentary system.

I respectfully submit that the Liberal and NDP report stage motions taken as a whole simply constitute an attempt to reverse the decision of the House at second reading of the bill, but to do so in ultra-slow motion. These amendments would be a reconsideration of committee stage and are of a nature that will merely serve to prolong unnecessarily the proceedings at report stage. Ultimately, if a member seeks to oppose the entirety or the preponderance of a piece of legislation, that member's recourse should lie in voting against the motion on concurrence in the bill in report stage, not in detaining the House through round-the-clock voting.

While your ruling, Mr. Speaker, on June 11, 2012 on Bill C-38 held that clause deletion motions have always been found to be in order, and it must also be noted to have been selected at report stage, I argue that this case can be distinguished. In the present case we are dealing with a second bill to implement provisions of a budget tabled in Parliament. Therefore these clause deletion motions should not find favour under the vigorous exercise contemplated by Speaker Milliken.

I will point out that in the alternative, if selected, certainly these clause deletion motions need to be grouped in an efficient manner. Should you decline to accept my advice, Mr. Speaker, and choose to select those clause deletion motions, I would urge that you use your authority and combine and group them in a fashion that puts them to the House in a sensible and efficient fashion.

I propose that the clause deletions, should they be selected against my advice, be grouped for voting purposes into 10 subsets of economic policy. Under this approach the House would have 10 separate votes on the issue of whether to remove from Bill C-45 the government's proposals in these areas of economic policy:

First, taxation measures, those being any motions to delete clause 1 or clauses in part 1 of the bill.

Second, financial sector measures, those being any motions to delete clauses in divisions 1 and 3 of part 4.

Third, transportation and border measures, those being any motions to delete clauses in divisions 2, 5, 12, 16, 18 and 20 of part 4 of the bill.

Fourth, resource development provisions, those being any motions to delete clauses in divisions 4 and 21 of part 4.

Fifth, aboriginal land designation provisions, those being any motions to delete clauses in division 8 of part 4.

Sixth, labour items, those being any motions to delete clauses in divisions 10 and 11 of part 4.

Seventh, amendments to the Hazardous Materials Information Review Act, those being any motions to delete clauses in division 13 of part 4.

Eighth, measures related to employment insurance, those being any motions to delete clauses in divisions 15 and 22 of part 4.

Ninth, agricultural items, those being any motions to delete clauses in division 19 of part 4.

Tenth, public sector pension reforms, those being any motions to delete clauses in division 23 of part 4.

This would allow for a broad range of votes on a broad range of topics where the opposition, clearly, is seeking to delete the proposals of the government. It would do so in a fashion that would allow that expression to be made. It would allow them to state, for the record, that they disagree with these proposals by the government. At the same time, they would not be establishing an excessive number of votes to get that point across here in the House.

The committee is, in fact, really the best venue for other NDP and Liberal motions. I understand that each of the report stage motions by the New Democrats and Liberals, which propose to make amendments to the clauses of Bill C-45, were put before the finance committee.

As for the 1,000 report stage motions from the Liberals seeking to add bodies of water to schedule 2 of the bill, I would observe that the committee dealt with a similar number of amendments at the committee level.

Since these motions were first published only this morning, I have not yet had an opportunity to determine whether they are exactly the same bodies of water proposed for inclusion at committee. On this point, I will leave my argument that generally, these motions were either dealt with at committee or could have been proposed there, as they are very similar to what was proposed there.

One additional point I would make about any motions to amend schedule 2 of the bill is on NDP amendment 72, which the finance committee considered and defeated, which I believe answers any further reference to adding bodies of water. That amendment sought to add:

All navigable waters situated in Canada and included in the Atlantic Ocean drainage basin, the Hudson Bay drainage basin, the Arctic Ocean drainage basin, the Pacific Ocean drainage basin or the Gulf of Mexico drainage basin.

In short, any water body not already listed in the schedule would have been addressed by that amendment.

Turning to the Green Party leader, I would suggest that some of her amendments should not be selected. Several of the motions by the member for Saanich—Gulf Islands are the same, either in whole or in part, as those presented at committee.

Therefore, I submit that the following report stage motions proposed by the member for Saanich—Gulf Islands should not be selected: Motion No. 28, which is the same as Liberal amendment 23; Motion No. 29, which is the same as Liberal amendment 24; Motion No. 74, which is the same as Liberal amendment 64; Motions Nos. 411 to 413 and 424 to 432, which are collectively the same as Liberal amendment 243; Motion No. 434, which is the same as Liberal amendment 249; Motion No. 436, which is the same as Liberal amendment 250; Motions Nos. 439 to 442 and 445, collectively, which are the same, in part, as Liberal amendment 252; and finally, Motion No. 463, which is the same as Liberal amendment 263.

Others are similar in nature to amendments considered at committee. I would argue that the issue was generally considered by the committee. Therefore, report stage motions should not be selected. This would apply to Motion No. 389, which covered ground similar to NDP amendment 21; Motion No. 409, which covered ground similar to Liberal amendment 240 and NDP amendment 223; Motion No. 440, which covered ground similar to Liberal amendment 253; Motion No. 441, which covered ground similar to Liberal amendment 252 and NDP amendment 31; and Motion No. 458, which covered ground similar to Liberal amendment 257 and NDP amendment 32.

There is also an additional concern raised by some amendments that require a royal recommendation. I have been advised that officials in the Privy Council Office note that at least two of the motions by the member for Saanich—Gulf Islands would require a royal recommendation.

Motion No. 381 would increase the government's liabilities in respect of refunds for employment insurance premiums to small business for 2012-13, which expands the provisions in the bill for such refunds for 2011. By adding two additional years, this motion alters the terms and conditions of the original royal recommendation attached to Bill C-45 respecting the provision for such refunds for 2011.

Motion No. 382 also increases spending in a manner that is not currently authorized. The royal recommendation attached to Bill C-45 respecting this provision provides a limit of $1,000 on the refund of premiums, which this motion is proposing to increase to $2,000.

As a result, this would go beyond the terms and conditions of the original royal recommendation. Therefore, a new royal recommendation would be required.

Officials are reviewing the newest amendments published in this morning's notice. If I obtain further information on items that I believe will require a royal recommendation, I will be sure to send those submissions or provide them to you, Mr. Speaker, through this House.

The independent member's motions are an interesting question. They require some attention, because the independent member does not sit on committee. However, they should not be dealt with in such a manner that they represent, effectively, a harassment of the balance of the House. Compared to the several hundred amendments proposed by the member for Saanich—Gulf Islands in June, on Bill C-38, her proposals as of today's date are slightly less unreasonable. However, the fact remains that the rights of individual members of Parliament must be balanced with the ability of the majority of the House to dispatch its business with some reasonable, practical speed. Allowing a single member of Parliament to hold the House hostage in a voting marathon is simply not reasonable.

I propose the following arrangement, which could, in future, extend to other government bills.

Report stage motions submitted by a member of Parliament who is not part of a recognized party shall be selected in the manner provided for by our rules. The selected motions may be grouped for debate in the usual fashion. Subject to the next point, the voting patterns for the motions would be set in the usual manner, as required by the ordinary practices of considering legislative amendments. However, one amendment per independent member of Parliament would be chosen to be a test vote. The voting pattern for the rest of that independent member's motions would only be implemented if the test motion were adopted. A rejection of the test motion would be inferred as a rejection of all that member's proposals. Therefore, the balance of the independent member's motions would not be put to the House.

In summary, any ordinary person familiar with parliamentary process, in even a passing way, would agree that more than 1,600 amendments are an abuse of process. Most should not be selected. In summary, this member's proposals are collectively a repetition of the committee stage and only seek to prolong report stage proceedings unnecessarily, particularly through the round-the-clock voting that would result.

There is no evidence that the House would willingly agree to be subjected to this. In fact, the history of how our rules have changed and the Speaker's rulings since 1968 confirm this. The Speaker's power to select amendments is clearly designed to prevent that abuse from happening. Mr. Speaker, the note that accompanies Standing Order 76.1(5) is a further clear articulation and reinforcement of the notion that part of one's obligation as Speaker is to protect not just the rights of the minority or an individual member; it is also to protect the rights of all members of Parliament not to see this place brought to discredit through procedures that are entirely frivolous, vexatious, repetitious, designed to delay and certainly designed to inconvenience all members of Parliament to an extraordinary extent.

I submit that the report stage motions, taken as a whole, run counter both to the spirit and the letter of the rules that govern our proceedings. Therefore, I recommend that most of the report stage motions on notice should not be selected and that the balance should be grouped in the manner I have proposed.

Finally, I point out, Mr. Speaker, your ruling in the spring, even though it was not seen as sufficiently aggressive in some fashion and was not seen as efficient as some would have liked in terms of respecting the ability of this House to continue to function. You clearly said, with respect to the 871 motions placed on the notice paper, the following:

[I]t is clearly not intended, nor do our rules and practices lend themselves to the taking of 871 consecutive votes. With respect to the voting table, substantive amendments have been grouped so as to allow for a clear expression of opinion on each of the subject areas contained in the bill. Motions to delete have been dealt with in conformity with the grouping scheme you outlined....

Mr. Speaker, I have certainly given you a proposal that I think falls squarely within the context of what you established in your spring ruling. Here we see that the effort to be frivolous and vexatious has come close to, and has perhaps by now more than doubled, the effort to do so in the spring. The result, I am quite confident, will be the same in terms of the substantive outcome of those amendments. I invite you to ensure that the processes of this House are managed in such a fashion that our proceedings are not brought into discredit and are not made into a farce. Rather, they can operate in a fashion that allows views to be expressed but that also allows the nation's business to be done.

Ethics November 28th, 2012

Mr. Speaker, there was a time just a few months ago when that member stood in the House and took responsibility, or so he made it seem, for the unacceptable actions which were soundly condemned of one of his staffers, Adam Carroll. He was contrite and he stood before the country and said how terrible it was and how he had been dismissed from that position. Guess what? Just a few months later, when the smoke had cleared, he hired him back. That is his idea of taking responsibility.

Ethics November 28th, 2012

Mr. Speaker, I thought the leader of the Liberal Party was an experienced parliamentarian who understood that the rules of the House meant that question period was for questions that had to do with government business. So far has this affected government business? You dealt with it some time ago. It is a settled issue insofar as the internal management of a private sector marketing organization. That is not a question for the House.

Ethics November 28th, 2012

Mr. Speaker, this is a matter on which you actually ruled some months ago and I believe it was settled at that time.

Business of the House November 27th, 2012

Mr. Speaker, pursuant to Standing Order 66(2), I would like to designate Thursday, November 29, 2012, for the continuation of debate on the eighth report of the Standing Committee on Health.

Points of Order November 27th, 2012

Mr. Speaker, again, the purpose of my rising on this was simply to clarify the record as I had provided an answer to the House that was not complete previously, and I did want it to be complete.

However, my understanding of the incident, and I was not there or involved, was that it was actually Senate security who provided the advice to the chair that the member should not be admitted for whatever reason or history. That was the advice that he followed and then later took the decision that perhaps there were ways of managing the issue and that he should be admitted.

Points of Order November 27th, 2012

Mr. Speaker, I did want to clarify the answer that I gave yesterday in the House regarding members of the public attending committee meetings, and particularly in the incident relating to the defence committee.

As I said, the government believes committee hearings should be open to the public, and I want to ensure that the information I provide to the House is complete and accurate insofar as the defence committee is concerned.

Now while Senate security, and that is where the meeting was taking place, in East Block, which is under Senate jurisdiction, initially advised the chair that the individual in question should not be admitted, after initial reflection the chair did ultimately advise Senate security that the individual should be admitted. However, by that point, the individual had left.

The chair, I should advise the House, has also subsequently met with the Sergeant-at-Arms to clearly establish that the individual should be permitted to attend, as a member of the public, meetings of the defence committee in the future.

Points of Order November 26th, 2012

Mr. Speaker, I want to respond to the point of order raised by the member for Kings—Hants.

As I understand his complaint, he is concerned about the meeting of the Standing Committee on Finance on Wednesday evening, particularly that all of the amendments he tabled for the committee's consideration were voted on. He says that the greatest abuse he has ever seen in the House of Commons was that the House of Commons actually considered his amendments. That is what he considers the greatest abuse that has ever happened here in his lengthy career in the past 15 years. His point of order flows from a motion adopted by the finance committee on October 31 respecting proceedings on Bill C-45 and the implementation of that motion last week at committee.

It is a foundational principle around here that committees are masters of their own proceedings. That is articulated in our procedural literature such as can be found at page 1047 of House of Commons Procedure and Practice second edition, and citation 760(3) of Beauchesne's Parliamentary Rules and Forms sixth edition.

While citation 822 of Beauchesne's says, “Procedural difficulties which arise in committees ought to be settled in the committee and not in the House”, I do want to give a quick recap of events as I understand them since you, Mr. Speaker, have now been asked to make a ruling, even though I do believe the hon. member is in the wrong place when he asks for a ruling to be made.

The committee's meeting Wednesday was convened with a notice of meeting which said that the committee would give the bill “clause-by-clause consideration”.

The October 31 motion, adopted by the committee in a nine to one vote, said that, if clause by clause consideration had not concluded by 11:15 p.m. on November 21, the chair was to put “each and every question necessary to dispose of clause-by-clause consideration” of the bill.

I understand that the chair of finance committee found himself, during the committee's proceedings that day, explaining what would happen to the balance of the 3,072, or so, amendments that were tabled if the clock struck midnight before the committee's work was done. I further understand that he ruled that after midnight no amendments would be voted on by the committee.

Arising from that, I am told that the hon. member for Fort McMurray—Athabasca challenged that viewpoint. These were his arguments, as I understand them.

First, that the committee meeting was convened to deal with “clause-by-clause consideration”, which nonetheless allowed for amendments to be considered. Yet, apparently at midnight, the words “clause-by-clause consideration” excluded the consideration of amendments, which seemed to be a logical inconsistency.

I will add here a quotation from page 761 of O'Brien and Bosc:

Once the witnesses have been heard, the committee proceeds to clause-by-clause consideration of the bill. It is during this phase of the committee's deliberations that members may propose amendments to the bill.

We see similar advice at page 997.

The member for Fort McMurray—Athabasca argued that the words “each and every question” included every one of the amendments that had been duly filed with the committee clerk. This is sensible. These are questions that need to be dealt with for the bill to be dealt with. Then he observed that when the House adopts a time allocation motion, it uses similar phrasing about “every question necessary for the disposal of the stage” being “put forthwith and successively without further debate or amendment”.

Mr. Speaker, when the time allotted ends on those House proceedings, you, as the Speaker, still put every selected report stage motion to the House. Bill C-38 was offered as an example when 15 motions had been moved at the time report stage debate was interrupted and yet the House voted on all of the selected report stage motions, not just the 15 that had already been dealt with at that point. The member for Fort McMurray—Athabasca argued that the same logic should apply to committee proceedings. I certainly agree.

In summary, he argued that the committee's motion of October 31 should not be interpreted in a manner more restrictive than how the same words would be interpreted here in the House.

Committees are indeed different than the House but those differences are generally geared in the other direction, toward allowing greater participation in the committee's business not less, and that is the point that the hon. member for Fort McMurray—Athabasca argued. For example, motions at committee do not require seconders. The previous question cannot be moved. And, unless a committee orders, there are no limits on the length or number of speeches that one can make.

In any event, I gather that the hon. member for Fort McMurray—Athabasca appealed the chair's ruling and by a vote of nine to one, with only the hon. member for Kings—Hants disagreeing, the committee overturned the chair's ruling.

I want to pause briefly here to describe the bizarre turn of events where the Liberal finance critic tabled approximately 3,000 amendments at committee and then sought to create a procedural environment where the vast majority of those amendments might never have been considered at committee. I have heard that the finance committee chair pointed out this perplexing position on Wednesday evening. It is little wonder to me that the Liberals find that Canadians sent them to that corner over there if they pursue cynical political stunts like that. It is indeed Kafkaesque where an injustice is actually having the amendments one has proposed considered. That is the Kafkaesque world of the member for Kings—Hants.

I want to turn to what O'Brien and Bosc has to say about committees' freedom to be masters of their own proceedings. On page 1047 it says:

The concept refers to the freedom committees normally have to organize their work as they see fit and the option they have of defining, on their own, certain rules of procedure that facilitate their proceedings.

That quote actually applies appropriately to the earlier point of order we also argued.

On the next page we see that:

...committees may adopt procedural rules to govern their proceedings, but only to the extent the House does not prescribe anything specific.

I do not believe that the hon. member for Kings--Hants has cited any such order of the House in support of his case. It should also be noted that the member has also failed to present any evidence of procedural impropriety at the committee level.

The finance committee did adopt procedural rules on October 31 when it adopted a comprehensive motion related to proceedings on Bill C-45, including time spent on clause by clause consideration, as well as invitations to 10 other standing committees to study the subject matter of parts of the bill.

Pages 997 and 998 of O'Brien and Bosc speak to this. It says:

The period of time devoted to the consideration of the bill is determined by the committee but it can be circumscribed or restricted by various factors: the obligation to report the bill within a prescribed time, pursuant to a special order of the House or to a time allocation motion, or due to limits the committee has placed upon itself by adopting motions to that effect. In the latter case, it may be a question of limiting the overall time the committee will spend on the clause-by-clause consideration of the bill, the time allocated for debate on each clause and amendment, the time allocated for each intervention by members on the matters broached by the committee, or a combination of any of these.

The motion adopted by the committee accords with the scope of what the committee is entirely able to do.

Then, of course, we have the appeal of the hon. member for Fort McMurray—Athabasca. Page 1049 of O'Brien and Bosc advises that, “Decisions by the Chair are not debatable. They can, however, be appealed to the full committee”. That is worth repeating. Appeals lie with the committee, not with the House. Therefore, I put it to you simply, Mr. Speaker, that the member for Kings--Hants is in the wrong place today asking you to rule on this.

O'Brien and Bosc does go on to add that, ”The overturning of a ruling is not considered a matter of confidence in the Chair”.

In this case, we have a committee, which by a nine to one majority voted for an interpretation of the October 31 motion, which is perfectly intelligible and sensible, and, I would argue, correct, from the words and the intent of that motion.

Not only was it a perfectly intelligible interpretation but it was the one that expanded democratic participation in committee by allowing every proposal to be brought to a vote, by not preventing matters from being voted upon. Therefore, it makes all the more sense to me that the broader interpretation of the October 31 motion would naturally suit the committee environment.

Meanwhile, Mr. Speaker, you are being asked by the Liberals to tell the committees how to conduct their business. The Liberals are actually asking that you tell those committees to have less democracy in how they carry on their business. On the other hand, there is the long and admirable tradition of leaving committees on their own, with Speakers very rarely intervening.

The nature of the complaint here is that the amendments from the member for Kings--Hants were voted on.

Mr. Speaker, what is the evil that you are being asked to address here? The evil is that the member's amendments got voted on. I can understand that some people might consider that an injustice, a difficult burden to bear, but he is complaining that his amendments got voted on. He says that is the biggest injustice he has seen in a decade and a half in the House of Commons. As I say, perhaps it is something other people can complain of but it is certainly not something that he is in a place to complain of.

He says that his rights have been denied. None of his rights have been denied. His rights have actually been protected by the committee. He has a right to propose an amendment and have it considered by a committee. The committee took steps to ensure all amendments were considered. Regardless of the fact that others might not have liked it, it was certainly what he had asked the committee in writing to do. He had asked it to consider the amendments. He had put them forward, I presume, in good faith. Though the number of 3,000 makes me wonder about the good faith nature of them, that is what he did. The committee considered the amendments the member asked it to is hardly an evil that the Speaker needs to address.

Reflecting upon these facts and our procedural guidelines and long-standing tradition with respect to the treatment of committee proceedings, I believe this case is clear cut and, in fact, actually kind of funny. The proceedings at the Standing Committee on Finance last week were perfectly in order and its report on Bill C-45 following its meeting was also perfectly in order.

Points of Order November 26th, 2012

Mr. Speaker, the practice that was followed at finance committee, of inviting other committees to study the subject matter and provide input on the work over which the finance committee properly had jurisdiction, is actually an established practice. This is not the first time it has happened. It certainly happened in the past and that alone demonstrates that it is an accepted practice.

Throughout the process the finance committee retained actual jurisdiction at all times. It was clearly the committee charged by the House of Commons to do so, and it did so. However, that should not preclude the committee from inviting input from others, whether that be other committees, members of the public, Canadians, organizations. In fact, that is something that the finance committee does regularly and, again, has done regularly over the years.

The reality is that in this complex world we live in issues can and do cross boundaries. One could talk about, for example, the contributions that musicians make to the country, but they do so not just in a cultural milieu. They also do it in an economic milieu. They are part of the economy. Does that mean we could not have it studied entirely by the heritage committee?

Obviously, as happened with the budget, we have issues that encompass the entire Canadian economy. The Canadian economy includes natural resources, manufacturing, industry, our health care sector and our cultural sectors. By the very nature of the work of the finance committee, and we can see this if we look at any consultation it does, for example, the prebudget submissions that it is once again launching, we would find that people from every conceivable sector of society are before the committee on issues that could very well be before other committees. Therefore, it is certainly appropriate to deal with issues in different ways.

The genius of our system is that we find different ways to do this. We have flexibility within and the rules provide for such flexibility. Sometimes we will have formal joint committees established between different committees that join together in Parliament to deal with a matter. Sometimes a special legislative committee may be set up that achieves the same kind of result by bringing together expertise, and sometimes a committee will establish a subcommittee of its own to deal with a particular issue.

When a committee does that, it does not surrender its jurisdiction. It is done without direction from the House of Commons to do so, but it is wholly within its jurisdiction to seek to consult and to have the work dealt with in that fashion if the committee finds it more efficient and more effective as a way of gathering opinions and getting the best possible decisions made. Throughout, the committee that makes the decision to delegate and to seek input elsewhere ultimately retains jurisdiction. The delegation is not inappropriate. It is entirely appropriate because at the end of the day the buck stops at the delegating committee and the jurisdiction stays there. Procedurally, there is nothing wrong with a committee doing what was done by the finance committee. As I say, this is something that is often done at all kinds of levels.

The opposition House leader says that when faced with a situation such as this the only way to deal with the matter is to take the jurisdiction away from the finance committee and to not simply consult with other committees, as the finance committee did, but to give every one of those other committees the same kind of decision-making power. If we were to do what he is inviting us to do, we could very much create a procedural chaos that would make it impossible for the House of Commons, this Parliament and any parliament for future generations to meaningfully deal with things. We do not want to have an American-style situation where we could go years and years without even adopting a budget because of that kind of legislative chaos and gridlock.

By the member's interpretation, not doing this could create a situation that would extend to every other bill, where the finance committee would have to study almost every single bill that ever came before the House because our first nations are part of the economy, our natural resources are part of the economy, and all those bills would have to go to the finance committee as well. I simply reject that premise. Certainly I do not think it would be a wise ruling in any way, procedurally by our history and by our rules, or in practice, to require that to be how bills should be dealt with.

Finally, the member seems to be saying that, when we are consulting, there is a problem with the notion of inviting other committees, as the finance committee did, to provide suggestions on amendments and that it was somehow inappropriate because it was not a formal delegation but, rather, an invitation to offer suggestions. In this case that is a moot question, because there was actually no amendment that was brought forward from those committees and dealt with by the finance committee.

If there were a problem in proceeding in that fashion, that problem might exist in theory but it does not exist in practice. It reminds me of the way the NDP approaches things. It has an academic bent. It looks at things that work really well in the real world and says that it may work in practice, but the important question is whether it works in theory. That is the NDP approach and we see that approach at work right here in this situation.

In practice and in the real world there were no amendments that came from those other committees. There is no evil here of which the member is complaining that actually needs to be addressed because what he is concerned about did not actually happen. It may be an interesting theoretical question, and I can understand the importance of pursuing those interesting theoretical questions on the part of the NDP. However, in the particular circumstances of Bill C-45, these theoretical questions never actually appeared in practice because no such amendments came forward from the committees.

The finance committee maintained its jurisdiction entirely and wholly throughout, when dealing with amendments and dealing with the bill. It did so properly and in accordance with the rules of the House of Commons and in accordance with what the House of Commons asked the committee to do. The bill was properly reported earlier here today and it should now be the work of the House of Commons to deal with that report.

Points of Order November 26th, 2012

Mr. Speaker, I rise on a point of order. Earlier today in answer to a question about a House of Commons committee and a security decision that was made, I incorrectly stated that it was our own House of Commons security under the Sergeant-at-Arms that made that decision. In fact, I have learned since that the committee actually met in the East Block, and meeting in the East Block means it is under the Senate protective services.

It is important that, when an individual says something incorrect in the House, that individual should stand up and correct it. I look forward to the member for Rosemont—La Petite-Patrie and the member for Timmins—James Bay doing the same shortly.