1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 34
OF THE
Friday, April 24, 1992
Ten o'clock.a.m.
Prayers by Mr. Hurd.
The Hon. A. Edwards (Minister of Energy, Mines and Petroleum Resources), presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:
David C. Lam
Lieutenant GovernorThe Lieutenant Governor transmits herewith Bill (No. 27) intituled Mineral Land Tax Amendment Act, 1992 and recommends the same to the Legislative Assembly.
Government House,
April 21, 1992.
Bill introduced and read a first time.
Second reading at the next sitting after today.
By leave, Ms. Copping made a statement relating to Armenian Memorial Day.
The House proceeded to "Orders of the Day."
Order called for "Private Members' Statements."
The Speaker delivered her reserved decision as follows:
Honourable Members:
On Wednesday last, during Oral Question Period, a point of order was raised by the Honourable the Attorney General relating to a question posed by the Honourable Member for Okanagan West. I quote the text of the question because of the important implications which flow from the point of order raised:
"My question today is to the Minister of Labour with respect to the Firestone case. If the Minister's personal legal costs were deemed to be an appropriate public expense of his previous role as Opposition Critic, and even though some of these funds were expended after he became a Minister, perhaps the Minister can explain why the settlement costs were not also paid from public funds."
The Honourable Attorney General suggests that such a question directed to the Minister of Labour is out of order in that it deals with matters outside the Minister's responsibility, and also that the question deals with an issue that was current in the previous Parliament.
The Honourable Leader of the Third Party, speaking to the point of order, referred to the practice of this House in directing questions to Ministers and the Honourable Member for Okanagan West stated in his submissions that although the issue first arose in a previous Parliament, the information requested related to funds expended after November the 5th by the current administration. The Honourable Member for Okanagan West also advised the House that he had written letters to the Auditor General and the Deputy Attorney General on this matter.
The guidelines relating to questions and answers are outlined in some detail, as Members are aware, in the material which was circulated to every Member of this House on April 13th, 1992. Once again, I urge all Honourable Members to examine that material.
The overriding principle relating to questions is stated in Beauchesne, 5th edition, at page 132: "A brief question, seeking information about an important matter of some urgency, which falls within the administrative responsibility of the government or of a specific minister to whom it is addressed, is in order." When that guideline is applied to the question posed by the Honourable Member for Okanagan West, it seems to the Chair that the subject matter of the question, does not fall within the administrative responsibility of the Minister; to the contrary, the question appears to ask the Minister for a policy explanation as to why settlement costs were not paid from public funds when personal legal costs were described as "an appropriate public expense."
A further examination of the question as reported in Hansard could well lead to the conclusion that the Member is seeking an opinion from the Minister, rather than information, and accordingly would fall squarely in the prohibition quoted in Beauchesne, 5th edition, page 132, sub-paragraph (3). The Chair, however, does not rely as much on this ground, in assessing the propriety of the question, as it does on the administrative responsibility aspect previously mentioned.
Any question, when challenged on a point of order, must be examined on its individual merit. The Chair has examined and considered the past practices of this House as it relates to the conduct of Oral Question Period. While there may be a perception that certain practices were permitted in the past, I am unable to find instances in the Journals of this House when a similar question was, on a point of order being raised, found to be within a particular Minister's administrative responsibility, and I cannot find any Parliamentary authority which would suggest that the question, as framed by the Honourable Member for Okanagan West, and directed to the Minister of Labour, is an admissible question.
In addition to the authorities previously cited, procedural authorities in both the House of Commons in this country and the United Kingdom have been consulted and I would advise all Honourable Members that the Chair's opinion in this matter is confirmed in both Parliaments.
There may be other approaches available to the Honourable Member to pursue the information he seeks.
For the reasons stated, therefore, the Chair rules the question, as worded, and directed to the Minister of Labour, out of order.
Joan Sawicki, Speaker
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
Pursuant to Sessional Order, the House resolved itself into Section B of Committee of Supply.
(In Committee)
Section B of Committee of Supply reported progress.
Report to be considered at the next sitting.
Committee to sit again at the next sitting.
And then the House adjourned at 12.48 p.m.
JOAN SAWICKI, Speaker
MEETINGS OF COMMITTEES
SPECIAL COMMITTEE TO APPOINT AN OMBUDSMAN
The Committee will meet at 2.30 o'clock p.m. on Tuesday, April 28, in the Birch Room (Room 339).
Business: Process.
The Committee will meet at 2.30 o'clock p.m. on Thursday, April 30, in the Birch Room (Room 339).
Business: Process.
The Committee will meet at 3 o'clock p.m. on Tuesday, May 5, in the Birch Room (Room 339).
Business: Process.
The Committee will meet at 3 o'clock p.m. on Thursday, May 7, in the Birch Room (Room 339).
Business: Process.
J. Pullinger, Chair
D. Symons, Deputy Chair
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