Mr. Speaker, I do indeed rise to speak to the question of privilege raised by the member for Langley and discern the following two very important issues.
First, does Standing Order 31 give a right to every member equally to make a statement or does Standing Order 31 give a right to make a statement only to the party whip and his or her designates?
Second, does Standing Order 31 give you as Speaker the right to deny a member the opportunity to make a statement because you disagree with the content of it? If you as Speaker do not have the right to deny a member the opportunity to make an S. O. 31 statement for such a reason, how could you delegate such a prerogative to any whip or anyone else?
Delegating the right to deny what the Standing Order gives to members is altogether different from delegating mere administrative assistance to the whips.
If Standing Order 31 gives every member the equal right to make a statement, except for usual reasons relating to unparliamentary conduct, surely the House would need to amend the Standing Orders if the House wanted to restrict such statements to only the whips and their designates.
Before proceeding, I offer two qualifications to my remarks. The first is that I have no personal knowledge of the facts on which the member for Langley raises his point of privilege. I have never been refused my place in the rotation of private members' statements, so I leave it to you, Mr. Speaker, to determine the facts of the member for Langley's case from the record before you.
My remarks will be based on the premise that a member has been denied the opportunity to make a member's statement pursuant to S. O. 31 for no other reason except that his whip did not agree with his point of view. As such, this issue transcends the case of the member for Langley and transcends party boundaries.
I heard in fact that a former NDP member reported to the media that the NDP whip or leader refused him an S. O. 31 opportunity for similar reasons. I am quite certain that this is possible in every party.
The Liberal member for Papineau expressed concern about empowering members of Parliament. I am sure many will no doubt be deeply disappointed if he does not intervene on this point to urge you, Mr. Speaker, to empower MPs in this matter now that the opportunity has arisen for him to do so.
I am sure that the member for Langley himself really would not care very much about losing a mere 60 seconds of airtime. I am convinced that his concern is not simply about his 60 seconds but about the democratic governance of the House.
Many Canadians have voiced concerns that members of all parties are becoming mere proxies for party leaders. Is that phenomenon now extended even to 60-second statements?
Such democratic safeguards are more important than any single issue, even that of abortion. Such democratic safeguards also transcend partisan boundaries.
My second caution is that I do not hold myself out as an expert in the arcane precedents which govern the interpretation of the Standing Orders. I caught some of the remarks of the member for Edmonton—St. Albert on this issue. He seemed to be doing a good lawyerly job of reviewing the effect of those precedents. To that extent, I agree with and adopt his submissions.
My remarks on the other hand will be simply based on a common sense reading of Standing Order 31.
After having practised law for almost 30 years, I am well aware of how arcane precedents can lead one away from a common sense interpretation and even away from the very spirit of the enactment in question. However, I hope the precedents in this matter do not have such an unfortunate result with you, Mr. Speaker.
I have three observations to the first of the two questions I have discerned in this, and that is does Standing Order 31 give an equal right to every member to make a statement or does it give a right to make a statement only to the party whips and their designates?
First, Standing Order 31 itself clearly does not say that only a whip and his or her designate may be recognized. To my knowledge, that proposition has never before even been proposed until the government whip rose to speak to the member for Langley's question of privilege.
The practice whereby the Chair is guided by lists provided by party whips surely cannot compel the Speaker to deny a member the opportunity to speak, which Standing Order 31 itself provides to the member. Surely an administrative aid cannot now be cited as support for negating the Standing Order itself. If the House wishes to amend Standing Order 31 to limit opportunities to speak to only party whips and their designates, surely the House would give that direction to you through the ordinary process of amending the Standing Orders. Surely such as an important amendment cannot be accomplished by stealth, without any debate or vote.
Second, I understand from the commentary in O'Brien and Bosc that Standing Order 31 apparently replaced previous opportunities for members to move motions in the House. Did the House really intend to remove every member's right to make a motion and not at least give, in return, every member the right to make a mere 60-second statement? It seems to me that it was a quid pro quo at that time. That bargain having been made cannot be unmade now without an amendment to the Standing Order sanctioned by the whole House.
Third, I understand that even independent members are offered the opportunity afforded by S. O. 31. They are not recognized as parties in the House and have no recognized whip. Are they offered S. O. 31 statements merely as designates of some other party's whip? I suggest not. Rather, they are offered S. O. 31 statements in their own right as members, since that is what S. O. 31 provides to every member equally.
As to the second question, does Standing Order 31 give you, as Speaker, the prerogative to deny a member the right to make a statement simply because you disagree with the content of it? It seems obvious to me; I find no evidence that you possess such a tyrannical and anti-democratic prerogative to deny a member the right to make a statement simply because you disagree, as Speaker, with the content of it. In fact, the commentary in O'Brien and Bosc suggests that only a very limited list of reasons entitles you to disallow a member's S. O. 31 statement.
This is my next question. If you do not, as Speaker, possess such a tyrannical, anti-democratic prerogative, then how can you delegate it to anyone else, party whip or otherwise? Further, if you were to insist that you do have such a prerogative, the effect would be to make you and your opinion about statements more equal than any other member of Parliament or their opinion, to purloin a phrase from George Orwell. To delegate such a power to anyone else would make that member more equal than any other member of Parliament. I have to wonder if that is really what we have come to in this Parliament.