2006 Legislative Session: 2nd Session, 38th Parliament

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The printed version remains the official version.

[ Progress of Bills . . . ]

Nos. 68 and 69

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Monday, May 15, 2006

Ten o'clock a.m.

Prayers by Mr. Mayencourt.

Mr. Dix reserved his right to raise a matter of privilege.

The House proceeded to "Orders of the Day."

Order called for "Private Members' Statements."

64  By leave, Ms. James moved--

Be it resolved that this House act on the advice of the Chief Electoral Officer and address public concerns regarding the financing of political parties and third-party election campaign spending by referring the issue to the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills. Specifically, that the Select Standing Committee be empowered to:

(a) examine and make recommendations regarding appropriate limits on, and accounting of, fundraising by, and donations to, political parties; and

(b) examine and make recommendations on the definition of the election campaign period for the purposes of election expenses and the identification of election advertising sponsors.

In addition to the powers previously conferred upon the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, the Committee be empowered:

(a) to review all current election financing provisions and report back to the Legislature;

(b) establish a definition of the election campaign period for the purposes of election expenses and the identification of election advertising sponsors and report back to the Legislature;

(c) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(d) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(e) to adjourn from place to place as may be convenient; and

(f) to retain personnel as required to assist the Committee.

The debate continued.

On the motion of Mr. Ralston, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 11.56 a.m.

Monday, May 15, 2006

Two o'clock p.m.

Order called for "Members' Statements."

Order called for "Oral Questions by Members."

Mr. Cubberley presented a petition in support of medical safety sharp regulation.

Ms. Hawkins presented a petition in support of medical safety sharp regulation.

Mr. B. Simpson asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, loss of sovereignty under the accelerated negotiation and ratification of the softwood lumber framework agreement.

The Hon. M. de Jong reserved his right to respond.

The Hon. B. Barisoff (Speaker) tabled the British Columbia Legislative Library Annual Report, 2005.

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. 30) intituled Miscellaneous Statutes Amendment Act (No. 2), 2006 was committed.

In consideration of section 12 of Bill (No. 30) the Committee divided as follows:

Section 50 of Bill (No. 30) passed, on division.

In consideration of section 56 of Bill (No. 30), the Committee divided as follows:

On the motion that the Committee rise and report Bill (No. 30) complete with amendment, the Committee divided as follows:

Bill (No. 30) was reported complete with amendment, and by leave, read a third time and passed, on division.

The Hon. M. de Jong made representations with respect to the Standing Order 35 application.

Mr. Farnworth made representations.

The Speaker stated that he would take the matter under advisement.

The House recessed until 7.00 p.m.

The Speaker delivered his reserved decision as follows:

Honourable Members

Earlier the Honourable Member for Cariboo North sought leave under Standing Order 35 to move adjournment of the House for the purpose of discussing a definite matter of urgent public importance, namely, the provincial and federal governments have fast-tracked the final softwood agreement with the United States to conclude as early as June 15 and the House should be adjourned in order to address the question of surrender of sovereignty that both the federal and provincial ministers have accepted as a feature of that agreement.

In support of his application, the Honourable Member for Cariboo North specifically noted that the accelerated nature of the negotiations has not provided for any public review of the agreement and its terms. He also noted that the availability of new information regarding the proposed agreement, was recently confirmed by the federal International Trade Minister.

The Government House Leader responded briefly to this submission just prior to the dinner break. In his remarks, he reminded the Chair that the issue of the softwood lumber negotiations has been ongoing in nature, and this new information with respect to the ongoing dispute should not successfully qualify the Member's application of Standing Order 35 for an emergency debate on this issue. I thank both Members, as well as the Opposition House Leader, for their helpful comments in this matter.

An examination of the Journals of this House will reveal many Speakers' opinions which set forth the essential criteria consistently applied to Standing Order 35 applications. The criteria adopted in this House, as well as other provincial legislatures, are taken from the practice at Westminster set forth in May's Parliamentary Practice, 22nd edition, pp. 309-311.

Among the special restrictions which the Chair must apply, is the requirement that the matter must be of recent occurence and that there is a proven cause for urgency of the debate, not simply urgency of the important matter at hand (See: MacMinn's Parliamentary Practice in British Columbia, p. 62). Honourable Members will be well aware the issues relating to softwood lumber negotiations have been ongoing for more than four years. In fact, Members have had the opportunity to discuss the negotiations in this House on numerous times during this session, including recent instances during Oral Question Period and Estimates for the Ministry of Forests and Range (See: Hansard, May 1, May 2, and today May 15, 2006).

It may be argued that the confirmation of the new information as described by the Member for Cariboo North ought to convert the matter from the ongoing status, to one of recent occurrence. However, long standing practices of this House illustrate that the fact that new information has been received regarding a matter that has been continuing for some time does not, in itself, make the matter one of urgency.

Although only three days in this spring session remain, I remind the Members that other parliamentary opportunities for debate on this matter are available.

The issue raised by the Honourable Member for Cariboo North is manifestly of great importance, but nevertheless, for the reasons stated, I must rule that the matter fails to qualify under Standing Order 35.

BILL BARISOFF, Speaker

Pursuant to Sessional Order, order called for Section B of Committee of Supply.

(In Committee -- Section B)

Section B of Committee of Supply reported progress of the estimates of the Office of the Premier.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

(In Committee -- Section A)

Section A of Committee of Supply reported progress of the estimates of the Ministry of Public Safety and Solicitor General and the Ministry of Attorney General.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 8.54 p.m.

BILL BARISOFF, Speaker

NOTICE OF BILLS

Wednesday, May 17

Mr. Black to introduce a Bill intituled Mandatory Booster Seat Use Amendment Act.

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