Procedure and House Affairs committee  That's not quite the way I would have characterized it, but it's not far off.

Procedure and House Affairs committee  Thank you, Mr. Chair and members of the committee. Let me thank the committee in particular for accommodating my schedule. I have another engagement at a conference in the West Block here at 12:15 p.m., so I very much appreciate the opportunity to appear before this committee to share with you some views and perhaps some advice on this important study in which you are engaged.

Procedure and House Affairs committee  I will answer directly in a moment, but I should say that I'm very reluctant to comment on specific statements if I don't see the full context in which a statement is made. So let me just preface my remarks in that regard. But let me perhaps address the main thrust of your question, if I may, which I think is this.

Procedure and House Affairs committee  Well, you know....

Procedure and House Affairs committee  Let me respond briefly. First of all, if the change were made...I'm not saying there should be no change to the current rules because I'm not familiar with all the rules that exist, so I wouldn't want to go that far. I do not think a categorical rule that says any prorogation request over seven days could not be made without the approval of the House would be a wise thing to do.

Procedure and House Affairs committee  Yes, I think there needs to be a form of consensus. I'm not sure exactly how you express that. There has to be a broad-based agreement, not merely consultation, that this person is appropriate.

Procedure and House Affairs committee  Yes. I think it should be informal, similar to the processes for officers of Parliament, which I believe are somewhat informal but do require a general concurrence or a consensus. I don't think we should be voting in the House on who the next Governor General ought to be. I think that's unseemly, and I don't think it's appropriate.

Procedure and House Affairs committee  What I've tried to say is that when the Governor General is faced with a decision on prorogation, it necessarily requires an analysis of the particular circumstances that exist, and I do not think there is some absolute rule, or set of rules, that she will be able to consult that would give her the correct answer.

Procedure and House Affairs committee  And in the case where there is doubt about whether the Prime Minister enjoys the confidence of the House, it is necessarily the case that the Governor General will have to step back and assess the appropriateness of the request that's being made.

Procedure and House Affairs committee  I think the issue of when the Prime Minister should ask for prorogation, the nature of the request, if he has the confidence of the House, is really a judgment for the Prime Minister to make. But it will have real consequences, and this most recent request has had very real consequences.

Procedure and House Affairs committee  That's fair enough. It seems to me the related question is if you're going to do something, you have to say, what is the problem we are trying to remedy? What is that problem? Is the problem that a Prime Minister who may or may not enjoy the confidence of the House seeks to avoid facing the House?

Procedure and House Affairs committee  Yes.

Procedure and House Affairs committee  I haven't read the law clerk's submission on that, but it seems to me you would be faced with a situation where somehow legislation would say the Prime Minister may not seek a prorogation. There would have to be some kind of clause to say that nothing in this law limits the powers of the Governor General.

Procedure and House Affairs committee  You would have to say it, otherwise it would give rise to the possibility that it would be a constitutional amendment. Indeed, that is what the provisions were in the fixed date election law that was enacted in 2008. The law said there shall be an election on a certain date in 2009, but nothing in that requirement limited the powers of the Governor General, which therefore meant that the Prime Minister could, notwithstanding that law, go to the Governor General prior to that and seek an election.

Procedure and House Affairs committee  I think in principle it's difficult to apply principles that might reply to a request for dissolution to one for prorogation, because they're quite different, as we know, and as you know and you're suggesting. In the dissolution situation, the Prime Minister is saying, “I want an election now.”