1992 Legislative Session: 1st Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

Nos. 20 and 21

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Tuesday, April 7, 1992

Ten o'clock.a.m.

Prayers by Mr. Hanson.

The House proceeded to "Orders of the Day."

Pursuant to Order, the House resumed the adjourned debate on the motion "That the Speaker do now leave the Chair" for the House to go into Committee of Supply.

The debate continued.

On the motion of the Hon. A. Petter, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 11.51 a.m.

Tuesday, April 7, 1992

Two o'clock p.m.

The Hon. G. Clark (Minister of Finance and Corporate Relations) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 19) intituled Financial Administration Amendment Act, 1992 and recommends the same to the Legislative Assembly.

Government House,
April 2, 1992.

Bill introduced and read a first time.

Second reading at the next sitting after today.

The Hon. R. Blencoe (Minister of Municipal Affairs, Recreation and Housing) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 20) intituled Ministry of Municipal Affairs, Recreation and Housing Statutes Amendment Act, 1992 and recommends the same to the Legislative Assembly.

Government House,
April 2, 1992.

Bill introduced and read a first time.

Second reading at the next sitting after today.

Order called for "Oral Questions by Members."

The Speaker delivered her reserved decision as follows:

Honourable Members :

On Tuesday last the Honourable Leader of the Third Party rose on a matter of privilege, appropriate notice of which was given, and tendered a motion, in accordance with the practice of this Assembly. Representations on the matter were made to the Chair by the Honourable Government House Leader and the Honourable Member for Fort Langley-Aldergrove.

The essence of the Honourable Leader's complaint is that the Honourable the Premier had deliberately misled the House. If established, that offence constitutes a grave contempt of Parliament. (Sir Erskine May's Parliamentary Practice, 17th Edition, pp. 110 and 225.)

In support of his submission, the Honourable Leader of the Third Party relies upon the following facts:

1. That a "fair wage" policy was announced in the Speech from the Throne on March 17th last.

2. That on March 17th last, two questions were directed to the Honourable the Premier; first, "What's a fair wage policy, Premier?

What's your definition?

"Answer: "Well, that is legislation to be brought forward by the Minister of Labour in this session of the Legislature", and second, "But there's a general perception it's unfair or you wouldn't use these terms such as fair wage -- is that correct?

"Answer: "Well, I don't want to belabour this because I don't want to get into future legislation that right now is being formulated, after substantial consultation, but yes we want to be fair employers. What that means we are going to put before the Legislature in the near future." These questions and answers are taken from a transcript of a news conference on March 17th.

3. That on March 26th, the Honourable the Premier during Oral Questions was asked:

"Can the Premier tell us now, yes or no, whether he will bring the fair wage policy to this House in the form of legislation prior to its implementation? to which the response was:

"I will give the same answer I gave the last time. The answer is yes."

With respect to this question and answer, the Honourable Government House Leader submitted that the question sought clarification on the issue of legislation, while the answer was directed to the issue of debate.

The Honourable Government House Leader further submitted that the true essence of the entire exchange of questions and answers was whether or not there would be a debate on the policy -- rather than on the method by which the issue would be debated. In support, the Honourable Government House Leader quotes the Honourable the Premier, on March 18th, as saying, "I can assure the House that there is going to be a lot of time for debate in this sitting of the Legislature, and I'm sure the Honourable Member, with his interest in seeing that working people in this province are treated fairly, will be debating that issue during this sitting of the Legislature."

The Honourable Government House Leader also quotes the Honourable Minister of Labour, on March 23rd, on the same subject (p. 88 of Hansard), as saying, "If the member is anxious for a debate, he can raise it during members' statements. Otherwise, this government will have a debate in this House about fair wages; that's our commitment."

The Chair has carefully considered the statements to which reference has been made, the submissions made by Honourable Members and the law of Parliament relevant to the issues. In applying that law, the Chair must always apply the same rules -- whether the subject matter at issue be a highly contentious one, or a matter on which the degree of contention may be minimal.

An examination of the authorities on matters of privilege and contempt indicate that contempt is usually founded upon an admission by a Member of deliberately intending to mislead the House (Profumo case, U.K. House of Commons debates, 1963, p. 246), or, the protracted giving of false evidence before a Committee of the House. Statements of intention of future action are traditionally set forth in the Speech from the Throne and are also frequently made both in the House and outside the House. It seems to the Chair that the functioning of the House would be very seriously impeded if such statements, which may not be implemented, were taken as constituting the foundation of an allegation of the grave offence of contempt.

The Chair notes that on page 4 of his submission, the Honourable Leader of the Third Party says, and I quote, "A common theme among the answers given was cautious assurance that the policy in question would be brought before this Assembly for full debate."

The Honourable Leader of the Third Party may feel aggrieved by any references to the bringing forward of legislation. However, for the Chair to find, prima facie, that thereby a grave contempt of the House has been committed, would not be in accordance with the law of Parliament, to which the Chair has made reference and, accordingly, the matter must fail.

Joan Sawicki, Speaker

The Hon. D. Miller (Minister of Forests) tabled the following:

The Five Year Forest and Range Resource Program, 1992-1997.

The Annual Report of the Ministry of Forests, 1990-91.

Mr. Beattie presented a petition.

The House proceeded to "Orders of the Day."

Pursuant to Order, the House resumed the adjourned debate on the motion "That the Speaker do now leave the Chair" for the House to go into Committee of Supply.

The debate continued.

The House divided.

Motion agreed to on the following division:

Order for Committee of Supply called.

The House resolved itself into the Committee of Supply.

(In the Committee)

The Committee rose and reported progress.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 5.54 p.m.

JOAN SAWICKI, Speaker

MEETINGS OF COMMITTEES

SPECIAL COMMITTEE OF SELECTION

The Committee will meet at 10.15 o'clock a.m. on Thursday, April 9, in the Birch Room (Room 339).
Business: Committee of Supply (A).

Hon. G. Clark, Chair

SELECT STANDING COMMITTEE ON PARLIAMENTARY REFORM, ETHICAL CONDUCT,
STANDING ORDERS AND PRIVATE BILLS

The Committee will meet at 11 o'clock a.m. on Thursday, April 9, in the Cedar Room (Room 241).
Business: Organization.

U. Dosanjh, Convener

SELECT STANDING COMMITTEE ON WOMEN'S EQUALITY

The Committee will meet at 9 o'clock a.m. on Tuesday, April 14, in the Birch Room (Room 339).
Business: Organization.

S. Hammell, Convener

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