1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Nos. 23 and 24
OF THE
Thursday, April 9, 1992
Ten o'clock.a.m.
Prayers by Mr. Barnes.
The Law Clerk informed the House of the unavoidable absence of the Speaker, whereupon Mr. Barnes, Deputy Speaker, took the Chair, pursuant to Standing Order 12.
By leave, the Hon. T. Perry (Minister of Advanced Education, Training and Technology) tabled the Report of the British Columbia Task Force on Employment & Training and an Executive Summary, and made a statement related thereto.
Mr. Mitchell made a statement.
On the motion of the Hon. G. Clark, it was Ordered that leave be given for the Special Committee of Selection to meet while the House is in session today for the purpose of appointing Members to Section A of the Committee of Supply.
On the motion of the Hon. G. Clark, it was Ordered that leave be given for the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills to meet for organizational purposes while the House is in session today.
On the motion of the Hon. G. Clark, it was Ordered that the House authorize the Select Standing Committee on Public Accounts to examine and inquire into the Public Accounts for 1989-1990 and the 1991 Report of the Auditor General.
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
The House again resolved itself into the Committee of Supply.
(In the Committee)
The Committee rose and reported progress.
Report to be considered at the next sitting.
Committee to sit again at the next sitting.
And then the House adjourned at 11.56 a.m.
Thursday, April 9, 1992
Two o'clock p.m.
By leave, Mr. Mitchell made a statement on the 75th Anniversary of the Battle of Vimy Ridge.
By leave, the Hon. B. Barlee made a statement.
By leave, Mr. Weisgerber made a statement.
The Hon. T. Perry (Minister of Advanced Education, Training and Technology) presented to the Speaker a Message from His Honour the Administrator, which read as follows:
Allan McEachern
AdministratorThe Administrator transmits herewith Bill (No. 22) intituled Barbers and Hairdressers Statutes Amendment Act, 1992 and recommends the same to the Legislative Assembly.
Government House,
April 9, 1992.
Bill introduced and read a first time.
Second reading at the next sitting after today.
Order called for "Oral Questions by Members."
By leave, Mr. Wilson tabled a copy of a letter referred to in a previous Question Period.
The Hon. A. Petter (Minister of Aboriginal Affairs) tabled the audited financial statements for the Provincial Capital Corporation for the year ended March 31, 1991.
Mr. Wilson presented a petition.
Mr. K. Jones presented a petition.
The Speaker delivered her reserved opinion as follows:
Honourable Members:
In relation to an application by the Honourable Minister of Forests for an adjournment of the House under Standing Order 35, I make the following observations:
The Minister has asked that this House set aside its normal business to discuss what he describes as a grave environmental and economic threat to our Province arising by virtue of the introduction of the Asian gypsy moth to British Columbia. He states that the Government has made a commitment to give the public ample notice of spraying and further states that yesterday the Cabinet declared an environmental emergency and accelerated the programme of aerial spraying of a pesticide over specified areas of the Province.
It would appear that under the original permit, the Federal Department of Agriculture had the right to commence application of the pesticide on April 26, 1992, but we were advised yesterday, that based on technical advice received, this programme needs to be commenced as early as April 15, 1992.
The Minister further advises this House that the undertaking to give the public ample notice militates in favour of the subject matter being debated in this House on an urgent basis.
The Honourable House Leader of the Official Opposition raises two objections as to why this matter does not qualify under the provisions of Standing Order 35:
1. The fact that the Cabinet made a decision yesterday declaring an environmental emergency does not constitute the matter as urgent and pressing.
2. The fact that a Private Member's Statement on Asian gypsy moth appears on the Orders of the Day for discussion on Friday, offends the anticipation rule in Standing Order 35.
With respect to the second objection, I am satisfied, on a close examination of Standing Order 35 (10) (d) that a Private Member's Statement does not qualify as "a matter which has been previously appointed for consideration by the House" or as "a Notice of Motion which has been previously given and not withdrawn."
Dealing with the first objection, the Honourable House Leader of the Official Opposition argues that as the subject matter has been raised in Oral Question Period and has been the subject of a Ministerial Statement, no emergency of an urgent nature exists and that "It's not really a crisis at all." The Minister presenting the application argues that the necessity to commence the spraying process within seven days of the Standing Order 35 Application, combined with a declaration of an environmental emergency, has changed the nature of the matter to an urgent one. In addition, he further urges that the undertaking to give this matter the widest possible publicity, brings the issue clearly within the parameters of Standing Order 35 as a definite matter of urgent public importance deserving of debate in this House.
I wish to digress here and make some general observations which I hope will be of assistance to the House. One of the reasons the Chair was unable to render its decision on Wednesday when this matter was first raised, was the particular difficulty posed by this application. An examination of the history of applications under Standing Order 35 demonstrates that few qualified under the stringent rules applicable. The Chair notes that in 1985, Standing Order 35 was substantially amended and subsection (6) now provides that a qualifying matter may not only be debated on the day on which the matter is raised, but may be set down for hearing the following day. The clear wording of this Standing Order assists the Chair in relation to the giving of its opinion to the House today as opposed to yesterday.
The Chair also observes that in borderline cases, presiding officers have historically rendered a decision which will permit further consideration of the matter by the House.
While the Chair has some doubts in this matter, and acknowledges the technical objections raised by the House Leader of the Official Opposition, the Chair is persuaded, in these somewhat unique circumstances, that the matter raised by the Minister is in order, and is of urgent public importance. Accordingly I shall, with the general consent of the House, waive reading the statement aloud, but I shall ask, under Standing Order 35 (4), whether the Member has leave to move the Motion. Honourable Members will understand that if objection is taken to the Minister moving the Motion, the final decision as to whether or not this requested debate will proceed will be decided by this House.
Joan Sawicki, Speaker
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
The House again resolved itself into the Committee of Supply.
(In the Committee)
The Committee rose and reported progress.
Report to be considered at the next sitting.
Committee to sit again at the next sitting.
The Hon. D. Miller (Minister of Forests) moved that the House adjourn to discuss a definite matter of urgent public importance, namely, the infestation of the Asian gypsy moth.
A debate arose.
The House returned to "Orders of the Day."
And then the House adjourned at 5.31 p.m.
JOAN SAWICKI, Speaker
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