2005 Legislative Session: 1st Session, 38th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Nos. 23 and 24
OF THE
Monday, October 17, 2005
Ten o'clock a.m.
Prayers by Mr. Simons.
The House proceeded to "Orders of the Day."
Order called for "Private Members' Statements."
A debate arose.
On the motion of Mr. Krog, the debate was adjourned to the next sitting of the House.
And then the House adjourned at 11.59 a.m.
Monday, October 17, 2005
Two o'clock p.m.
The Hon. J. Les (Minister of Public Safety and Solicitor General) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:
Iona Campagnolo
Lieutenant Governor
The Lieutenant Governor transmits herewith Bill (No. 13) intituled Civil Forfeiture Act and recommends the same to the Legislative Assembly.
Government House,
October 13, 2005.
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 "Members' Statements."
Order called for "Oral Questions by Members."
Mr. Farnworth asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, the teachers' strike in the Province of British Columbia.
The Hon. M. de Jong made a statement.
The Speaker stated that he would take the matter under advisement.
The Hon. M. de Jong (Minister of Labour and Citizens' Services) tabled the Workers' Compensation Board of B.C. Annual Report, 2004 and 2005-2007 Service Plan.
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.
Bill (No. 2) intituled Revenue Statutes Amendment Act, 2005 was committed.
In consideration of section 1 of Bill (No. 2), the Committee divided as follows:
YEAS -- 40 |
|||
Falcon |
Hayer |
Campbell |
Lekstrom Mayencourt Polak Hawes Yap Bloy MacKay Black McIntyre Rustad |
|
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| S. Simpson Evans Farnworth James Kwan Brar B. Simpson Cubberley |
Hammell Coons Thorne Simons Puchmayr Gentner Routley Fraser |
Horgan Lali Dix Trevena Bains Robertson Karagianis Ralston |
Krog Chudnovsky Chouhan Wyse Sather Macdonald Conroy |
Section 2 of Bill (No. 2) passed, on division.
Bill (No. 2) was reported complete without amendment, read a third time and passed.
Bill (No. 3) intituled Budget Measures Implementation Act (No. 2), 2005 was committed, reported complete without amendment, read a third time and passed.
Bill (No. 9) intituled Greater Vancouver Transportation Authority Amendment Act, 2005 was committed.
The Committee rose, reported progress and asked leave to sit again.
Bill to be considered later today.
The Speaker delivered his reserved decision as follows:
Honourable Members:
I have been asked by the Official Opposition House Leader to consider an application under Standing Order 35 that the House do now adjourn to discuss a matter of urgent public importance, namely, the teachers' strike in the Province of British Columbia.
Firstly, I wish to thank the Official Opposition House Leader for giving the Chair notice beforehand of his intention to raise this motion.
I have listened with great care to the representations made by both House Leaders and I must make a determination as to whether or not the motion as presented complies with the Standing Orders of this House and the precedents from past years.
Dealing with a Standing Order 35 application in April of 1992, I note that the focal point of that application was described as an environmental emergency involving the Asian gypsy moth and the programme of aerial spraying of a pesticide over specific areas of the province. In that case, the contemplated spraying was due to commence less than a week following the application for an emergency debate.
The second case quoted to the Chair was a decision of March 28, 1995, involving a budget leak, and I find that fact pattern of little assistance in the present case before the House today.
What is contemplated throughout the Commonwealth under Standing Order 35 is a sudden emergency arising in domestic or foreign matters which requires immediate debate, and no provision is available for debate. As often has been stated, when the House is embarked on a general debate or when estimates are before the House, permission has not been granted to move such a motion.
The Chair must ask whether or not there is another opportunity for debate, or indeed has the matter already had substantial debate in the current session.
A further question is whether or not the matter is an ongoing issue as opposed to something that has suddenly and unexpectedly arisen in the province.
There is another longstanding rule governing the relationship between Parliament and the courts, that is that Parliament has declined to enter into debate on a matter that is currently being considered by the courts.
The Chair is perhaps stating the obvious in acknowledging that the subject matter of this motion is indeed urgent, but the urgency contemplated by Standing Order 35 is urgency for debate and with great respect to the applicant in this matter, the Chair feels that in light of the decided cases and the Standing Orders of the House, that the urgency for debate has not been established and, accordingly, the motion does not succeed.
BILL BARISOFF, Speaker
The House recessed until 6.35 p.m.
Bill (No. 9) intituled Greater Vancouver Transportation Authority Amendment Act, 2005 was again committed, reported complete without amendment, read a third time and passed.
On the motion for second reading of Bill (No. 6) intituled Northern Development Initiative Trust Amendment Act, 2005, a debate arose.
The debate continued.
Bill (No. 6) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.
(In Committee -- Section A)
Section A of Committee of Supply reported progress of the estimates of the Ministry of Community Services.
Report to be considered at the next sitting.
Committee to sit again at the next sitting.
And then the House adjourned at 8.52 p.m.
BILL BARISOFF, Speaker
NOTICE OF MOTIONS
Wednesday, October 19
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