1995 Legislative Session: 4th Session, 35th Parliament

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

No. 82

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Monday, June 19, 1995

Two o'clock p.m.

Prayers by Mr. Randall.

The Hon. M. F. Harcourt (Premier) made a ministerial statement relating to the release of the 26 United Nations peacekeepers in Bosnia.

Mr. Campbell made a statement.

Mr. Neufeld made a statement.

The Hon. P. Ramsey (Minister of Health and Minister Responsible for Seniors) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

Garde B. Gardom
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 48) intituled Access to Abortion Services Act and recommends the same to the Legislative Assembly.

Government House,
June 16, 1995.

Bill introduced and read a first time.

Bill Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.

Order called for "Oral Questions by Members."

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 Agriculture, Fisheries and Food, debate on those Estimates was summarized, pursuant to Sessional Order of April 10, 1995.

Order for Committee of Supply called.

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

(In the House)

Bill (No. 22) intituled Farm Practices Protection (Right to Farm) Act was committed and reported complete with amendment.

Bill as reported to be considered at the next sitting after today.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Friday last, the Honourable Member for Fort Langley- Aldergrove sought to move an adjournment of the House pursuant to Standing Order 35 to discuss a matter of urgent public importance, namely, the disclosure by the Minister of Finance of the contents of the interim report of forensic auditor Ron Parks into the Nanaimo Commonwealth Holding Society to NDP Provincial Secretary Brian Gardiner.

The Chair also heard submissions from the Leader of the Third Party and the Minister of Social Services.

In my view, the member's request for adjournment of the House under Standing Order 35 relates directly to the Minister's conduct in the alleged disclosing of the contents of the Parks Report to the NDP Provincial Secretary, and its consequences in relation to a possible criminal investigation.

In the context of this issue, the Chair has some difficulty in allowing a motion to go forward under Standing Order 35 as the ensuing debate would inevitably focus on the conduct of the Minister in her handling of the Parks Report. Such debate would undoubtedly have overtones of maladministration of a ministry, of non-confidence in a Minister and censure of a Minister. Parliamentary Practice in British Columbia, 2nd edition at page 45 reads as follows on this very issue:

"A motion under Standing Order 35 should not be a censure or non-confidence motion nor should it deal with a question of maladministration of a ministry."

There is a long standing practice to refrain from reflecting on the conduct of a Member or Minister except by way of a substantive motion, of which notice is required.

I refer the House to a decision of the Chair -- April 21, 1994 -- the essence of which is as follows:

"In my view the allegation is a matter which relates to the conduct of a Member and as such the authorities clearly indicate that the issue should be raised by substantive motion."

Members may further consult the House of Commons Debates -- January 22, 1987, page 2577 -- where this principle was applied specifically in relation to the conduct of a Minister in very similar circumstances.

For the above reasons, I find that the Member's application fails to meet the requirements under Standing Order 35 and therefore cannot succeed.

EMERY O. BARNES, Speaker

On the motion for second reading of Bill (No. 37) intituled Victims of Crime Act, a debate arose.

On the motion of Mr. Serwa, the debate was adjourned until later today.

(In Committee -- Section A)

Section A of Committee of Supply reported progress.

Report to be considered later today.

Committee to sit again later today.

The House recessed for thirty-five minutes.

Thirty-five Minutes past Six o'clock p.m.

Order for Committee of Supply called.

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

(In the House)

Bill (No. 20) intituled Guaranteed Available Income for Need Amendment Act, 1995, was committed.

Section 7 of Bill (No. 20) passed, on division.

Section 25.2 contained within section 8 of Bill (No. 20) passed, on division.

Mr. Anderson moved an amendment to section 25.3 contained within section 8 of Bill (No. 20) which was defeated, on division.

Section 25.3 contained within section 8 of Bill (No. 20) passed, on division.

In consideration of section 8 of Bill (No. 20), the Committee divided as follows:

Section 9 of Bill (No. 20) passed, on division.

Bill (No. 20) was reported complete without amendment, read a third time and passed.

Bill (No. 41) intituled Child, Family and Community Service Amendment Act, 1995, was committed and reported complete with amendment.

Bill as reported to be considered at the next sitting after today.

Bill (No. 47) intituled Child, Youth and Family Advocacy Amendment Act, 1995, was committed, reported complete with amendment, and by leave, read a third time and passed.

Order for Committee of Supply called.

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

(In Committee)

54. Resolved, That a sum not exceeding $2,781,112,835 be granted to Her Majesty to defray the expenses of Ministry of Social Services, Ministry Operations, to 31st March 1996.

Section B of Committee of Supply reported the Resolutions and completion of the Estimates of the Ministry of Social Services.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

Section A of Committee of Supply reported progress.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

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

And then the House adjourned at 10.15 p.m.

EMERY O. BARNES, Speaker

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