1998 Legislative Session: 3rd Session, 36th Parliament
Ten o'clock a.m.
Prayers by Mr. Nebbeling.
The Hon. G. Mann Brewin (Speaker) tabled the Office of the Child, Youth & Family Advocate Annual Report, 1997.
The Speaker delivered her reserved decision as follows:
Honourable Members:
On April 23, 1998, the Honourable Member for Matsqui gained the floor to raise a matter of privilege which he described as "a breach of the privileges of this House by the Minister of Environment, Lands and Parks by misleading the Assembly". His complaint arose out of a series of questions and answers given in Oral Question Period, and involved a submission of a copy of a memo dated September 23, 1996, from the Member for Kamloops to the Premier, which in his view established that the Minister of Environment, Lands and Parks "did mislead this Assembly".
Subsequently, the Government House Leader made a statement giving her view of the applicability of the rules in this particular matter.
It should be noted, firstly, that the Member for Matsqui did not accuse the Minister of "deliberately misleading the House", but rather chose to use the charge of "misleading the House". Joseph Maingot, Q.C. in Parliamentary Privilege in Canada, 2nd edition at page 241, discussed the making of allegations that a Member had misled or deliberately misled the House as follows:
"To allege that a Member has misled the House is a matter of order rather than privilege and is not unparliamentary, whether or not it is qualified by the adjective "unintentionally" or "inadvertently". To allege that a Member has deliberately misled the House is also a matter of "order", and is indeed unparliamentary. However, deliberately misleading statements may be treated as a contempt. In the Canadian House of Commons, Members attempt to get such matters before the House on a "question of privilege" when there is merely an allegation of contempt rather than an admitted matter and the problem arises because the use of unparliamentary language is not permitted in the House and therefore questions of privilege and motions in support must be purged of such language.
If the conduct of a Member is to be formally discussed or debated in the House of Commons, such as a charge of . . . deliberately misleading the House, it cannot be done on a "question of privilege", because until admitted or so found by the House, as the case may be, such allegations are unparliamentary and cannot be uttered, and the fact that the accused Member denies it is irrelevant."
I have available to me the Hansard Blues of the Oral Question Period when the questions and answers were first given. The Member for Matsqui prefaced his first question with a discussion of an opinion of the Conflict of Interest Commissioner related to the appropriateness of Cabinet Ministers making personal representations on behalf of a constituent to a Commission or Board. It is important to look at all of the questions and answers in this case to determine, prima facie, whether the Minister deliberately misled the House. It appears to me that there may have been a misapprehension as to the application of the question, and through the series of questions and answers the Minister made a clear distinction between her activities as an MLA prior to entering Cabinet, and her activities as a Cabinet Minister. Indeed, the memo cited by the Member clearly related to a time prior to the Minister being appointed to Cabinet.
Under the circumstances and upon reading the whole transcript rather than selected passages, it is the opinion of the Chair that there is no prima facie case of breach of privilege nor contempt made out. It is further my view that this matter clearly belongs in the category alluded to in various Speakers' decisions of a dispute between Members as to facts. I would refer Honourable Members to the Journals of this House April 6th and June 8th, 1982, at pages 32, 34 and 132.
For the foregoing reasons I cannot find a prima facie case of breach of privilege has been made.
Gretchen Mann Brewin, Speaker
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Education).
On the motion for second reading of Bill (No. 14) intituled Workers Compensation (Occupational Health and Safety) Amendment Act, 1998, a debate arose.
The debate continued.
Mr. Hansen moved the following amendment--
That the motion for second reading of Bill (No. 14), Workers Compensation (Occupational Health and Safety) Amendment Act, 1998, be amended by deleting the word "now" and substituting therefor the words "six months hence."
The debate on the amendment continued.
On the motion of Mr. Krueger, the debate on the amendment was adjourned to the next sitting of the House.
(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 11.55 a.m.
Tuesday, May 5, 1998
Two o'clock p.m.
The Hon. U. Dosanjh (Attorney General and Minister Responsible for Multiculturalism, Human Rights and Immigration) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:
Garde B. Gardom, Q.C.
Lieutenant Governor
The Lieutenant Governor transmits herewith Bill (No. 15) intituled Legal Profession Act and recommends the same to the Legislative Assembly.
Government House,
May 1, 1998
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 Speaker made a statement as follows:
Honourable Members:
It is perhaps timely, given that we have just finished this Question Period, for the Chair to make several observations relating to Oral Question Period.
In order to refresh my memory and be of assistance to the Members, I have examined Question Period Blues from Thursday, April 2nd, 1998 to date.
I have also examined several Speakers' statements dealing with the conduct of Question Period over the last six years, and it has become abundantly clear that today's problems are not new.
The rules applicable to Oral Question Period are not complicated, and perhaps the best summary is outlined in our Standing Order 47a (b).
"Questions and answers shall be brief and precise and stated without argument or opinion".
Any objective analysis of the current questions and answers leads to the conclusion that the quoted guidelines have been judiciously ignored by both sides of the House.
A slightly expanded guideline for questions and answers is as follows:
"The question must be brief. A preamble need not exceed one carefully drawn sentence. A long preamble on a long question takes an unfair share of time and provokes the same sort of reply. A supplementary question should need no preamble."
"An answer should be confined to the points contained in the question, with such explanation only as renders the answer intelligible, though a certain latitude is permitted to Ministers of the Crown."
The above quotes may be found in Parliamentary Practice of British Columbia, 3rd edition at pages 110 and 111.
The dilemma facing the Chair is that neither the Government nor the Opposition seem prepared to confine themselves within the Standing Orders or the guidelines quoted, and the Chair can only presume it is the general will of the House to continue with a practice which is clearly in breach of the guidelines.
Honourable Members will appreciate that the Speaker, as a servant of this House, is faced with formidable difficulties when the House is unwilling to comply with the rules. If the Speaker is advised that the Government and the Opposition are willing to make a serious effort in this regard, the Chair would welcome the opportunity to discuss the conduct of Question Period privately with the House Leaders, or their representatives.
Failing that, the Chair will do its utmost to ensure that the time allocations are equitable and that acceptable parliamentary language is used by all sides during Question Period.
There is a further matter with which the Chair is concerned.
During the course of Question Period, several Members on both sides of the House are offering gratuitous advice from their seats relating to the conduct of Question Period. Their interjections varying between a call for order, a call for "question", a call for "time", show a lack of respect for the Chair and add nothing to the conduct of Question Period. If Members have a legitimate point of order they wish to raise, they may be aware that, on the conclusion of Question Period, they are entitled to rise on a point of order and state the matter, but it is unacceptable for these interjections to continue in their present form.
I would ask both sides of the House to assist the Chair in improving the quality of our 15 minute daily Question Period.
Gretchen Mann Brewin, Speaker
Mr. Gingell presented the Second Report of the Select Standing Committee on Public Accounts for the Second Session of the Thirty-sixth Parliament.
Resolved, That the Report be taken as read and received.
By leave of the House, the Rules were suspended and the Report adopted.
The Hon. L. Boone (Minister for Children and Families) made a ministerial statement regarding Child Care Month.
Ms. C. Clark made a statement.
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Education).
The House resumed the adjourned debate on the amendment to the motion for second reading of Bill (No. 14) intituled Workers Compensation (Occupational Health and Safety) Amendment Act, 1998.
The debate on the amendment continued.
On the motion of Ms. Chong, the debate on the amendment was adjourned until the next sitting of the House.
(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 5.49 p.m.
GRETCHEN MANN BREWIN, Speaker
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