1994 Legislative Session: 3rd Session, 35th Parliament


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


Nos. 61 and 62

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Tuesday, May 17, 1994


Ten o'clock a.m.

Prayers by Mr. Conroy.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Thursday last, the Honourable Member for Okanagan East rose on an alleged matter of privilege stating that a motion adopted by the House "to strike Committee A as a committee of the whole with restricted membership" caused the Honourable Member to be "excluded from voting in a division" in Committee A.

This issue was canvassed as a question of privilege on April 7 last by the Honourable Member for Powell River-Sunshine Coast who then alleged that the restricted membership of Committee A denied Members, and I quote "the right to enter into debate and the right to vote".

I refer the Honourable Member to a ruling of the Chair dated April 12, 1994, on this very issue -- a decision which I urge the Honourable Member to read carefully.

At that time, the Chair could not find a prima facie breach of privilege. The point raised by the Honourable Member for Okanagan East last week did not provide the Chair with new facts which would lead to a different conclusion on the same issue.

By a decision of the House, the membership of Committee A was established at 24 members and did not include the name of the Member for Okanagan East. Well established practice in our parliamentary system stipulates that the right to vote in a Committee of the House requires membership in that Committee, either through appointment by the House or through substitution under an established mechanism. The Member has given the Chair no indication that she duly substituted for another member of Committee A at the time of the division and was therefore not eligible to vote.

The Honourable Member referred to the Chair's undertaking to redress a situation which would improperly deny Members access to any section of a Committee of the Whole. The Member will note that the Chair alluded to access by Members to Committees of the House in terms of attendance and participation in debate and clearly not in terms of voting in a Committee.

For the above reasons and for those stated in the Chair's ruling of April 12 on this very issue, I cannot find a prima facie case of privilege.

Emery Barnes, Speaker

The House proceeded to "Orders of the Day."

The Hon. C. Gabelmann advised that the House will sit Wednesday, pursuant to Standing Order 2 (2).

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Transportation and Highways).

Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Attorney General).

(In Committee -- Section B)


16. Resolved, That a sum not exceeding $424,063 be granted to Her Majesty to defray the expenses of Ministry of Attorney General, Minister's Office, to 31st March 1995.

17. Resolved, That a sum not exceeding $731,044,818 be granted to Her Majesty to defray the expenses of Ministry of Attorney General, Ministry Operations, to 31st March 1995.

18. Resolved, That a sum not exceeding $15,000,000 be granted to Her Majesty to defray the expenses of Ministry of Attorney General, Statutory Services, to 31st March 1995.

19. Resolved, That a sum not exceeding $33,241,202 be granted to Her Majesty to defray the expenses of Ministry of Attorney General, Judiciary, to 31st March 1995.

20. Resolved, That a sum not exceeding $993,557 be granted to Her Majesty to defray the expenses of Ministry of Attorney General, Emergency Assistance, to 31st March 1995.

Section B of Committee of Supply reported the Resolutions.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

(In The House)


The House proceeded to "Public Bills and Orders and Government Motions on Notice."

Bill (No. 5) intituled Family Relations Amendment Act, 1994 was committed.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

(In Committee -- Section A)


55. Resolved, That a sum not exceeding $420,000 be granted to Her Majesty to defray the expenses of Ministry of Transportation and Highways, Minister's Office, to 31st March 1995.

56. Resolved, That a sum not exceeding $683,587,000 be granted to Her Majesty to defray the expenses of Ministry of Transportation and Highways, Ministry Operations, to 31st March 1995.

Section A of Committee of Supply reported the Resolutions.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

By agreement, summary debate of estimates passed in Section A (Ministry of Transportation and Highways) to be considered at the next sitting.

And then the House adjourned at 11.47 a.m.


Tuesday, May 17, 1994

Two o'clock p.m.

The Hon. J. MacPhail (Minister of Social Services) made a ministerial statement regarding child abuse and, by leave, tabled the Superintendent of Family and Child Service Review into the death of Matthew Vaudreuil together with the Minister's response to these findings, conclusions and recommendations.

Mr. Anderson made a statement.

Mr. Neufeld made a statement.

By leave, Ms. Tyabji made a statement.

Order called for "Oral Questions by Members."

The Speaker tabled the following Reports of the Auditor General:

1993/94: Report 4 -- Compliance-with-Authorities Audits: Statutory Tabling Requirements; Safeguarding Moveable Physical Assets; and Treatment of Unclaimed Money.

1993/94: Report 5 -- Value-for-Money Audits, Ministry of Health: The Transfer of Patients from Riverview Hospital to the Community; and Psychiatrist Services.

By leave, the Hon. G. Clark (Minister of Employment and Investment) moved--
That the Select Standing Committee on Public Accounts be referred the following documents issued by the Auditor General of British Columbia:

1993/94: Report 4 -- Compliance-with-Authorities Audits: Statutory Tabling Requirements; Safeguarding Moveable Physical Assets; and Treatment of Unclaimed Money.

1993/94: Report 5 -- Value-for-Money Audits, Ministry of Health: The Transfer of Patients from Riverview Hospital to the Community; and Psychiatrist Services.

Motion agreed to.

The House proceeded to "Orders of the Day."

Section A of Committee of Supply having reported the last vote of the Estimates of the Ministry of Transportation and Highways, debate on those Estimates was summarized, pursuant to Sessional Order of April 6, 1994.

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Government Services).

(In the House)


Bill (No. 5) intituled Family Relations Amendment Act, 1994 was again committed, reported complete without amendment, read a third time and passed.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 33) intituled Miscellaneous Statutes Amendment Act, 1994.

The debate continued.

Bill (No. 33) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Bill (No. 9) intituled Limitation Amendment Act, 1994 was committed, reported complete without amendment, read a third time and passed.

Bill (No. 32) intituled BC Forest Renewal Act was again committed.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

(In Committee -- Section A)


Section A 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 5.57 p.m.

EMERY BARNES, Speaker


NOTICE OF MOTIONS

Wednesday, May 18th

48  Mr. Anderson to move--
Be it resolved that this House refer the issue of physical and sexual abuse of children while in the care of the Ministry of Social Services to the Ombudsman for investigation and report pursuant to Section 10 (3) of the Ombudsman Act.
The Ombudsman shall report within six months.

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