Mr. Speaker, I rise on a point of order. On Wednesday you invited comments on whether Bill C-293 requires a royal recommendation.
This is a separate matter from the stated purpose of the bill, which all members would agreed, that foreign aid should support international development and the values of freedom, democracy, the rule of law and human rights abroad. However, the bill as drafted raises important procedural issues.
Clause 6 would oblige the Minister of International Cooperation to establish an advisory committee for international development cooperation. Subclause 6.(3) states that the committee shall consist of up to 20 members. Subclause 6.(7) provides that the members will be paid remuneration and expenses for their services in amounts that the minister may set. These provisions have financial implications.
On February 8, 2005 the Speaker ruled on a similar case in which additional commissioners were added to an existing commission. In particular, Bill C-280, in the 38th Parliament, which provided for additional appointments to the Canada Employment Insurance Commission, was found by the Speaker to require a royal recommendation.
Bill C-293 would create an entirely new committee and the appointment of its members would similarly require a recommendation. I note that in the February 8, 2005 ruling the Speaker stated:
Where it is clear that the legislative objective of a bill cannot be accomplished without the dedication of public funds to that objective, the bill must be seen as the equivalent of a bill effecting an appropriation.
I note that clause 7 of Bill C-293 would provide for any resident of a developing country to petition the committee outlining the deficiencies in Canada's development, seeking corrective action, and require the committee to process that petition. It would also require the minister to respond to that petition stating:
--any corrective action required by the competent minister and the period within which the action shall be taken as well as the facts and reasons on which the competent minister’s decision was based.
This means that in addition to the remuneration of the advisory committee members, Bill C-293 would cause new expenditures in two ways.
First, a new advisory committee, and the support of that committee, would be an entirely new function not authorized under existing legislation.
The committee would clearly require funding in order to fulfill its statutory responsibilities, which would include: receiving, recording and forwarding petitions, in subclause 7.(2); making any examinations and enquiries necessary to monitor ministers' replies to petitions, in subclause 7.(6); and preparing and submitting annual reports to the minister, in clause 8.
Second, the bill would impose new statutory responsibilities on ministers, which would require new expenditures, including: sending an acknowledgement and reply to the petitioner and the committee, in subclauses 7.(3) and 7.(4); and creating and submitting reports which are newly required by this legislation, in clauses 9 and 10.
The Speaker has, in past rulings, emphasized that a royal recommendation is required for a new and distinct expenditure which falls outside existing departmental responsibilities.
I submit that Bill C-293 would create a new statutory requirement for monitoring ministerial decisions on development assistance through petitions and for legislatively required responses.
I would note that Canada currently provides development assistance to over 150 countries. Creating an advisory committee allowing any resident of those countries to petition the government and requiring the Minister of International Cooperation to provide a detailed response to such residents would mean significant changes which would have important financial implications for the government.
In addition, the statutory requirement for the Minister of International Cooperation and the Minister of Finance to prepare reports on their activities and operations under this bill would be an entirely new function as some of those reports would be on activities newly required by Bill C-293.
The government supports the use of international development assistance in reducing poverty abroad and improving international human rights.
However, as I have indicated, the bill as drafted has financial implications which require a royal recommendation and, therefore, the bill is not procedurally in order.