1993 Legislative Session: 2nd Session, 35th Parliament


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


No. 32

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Monday, April 26, 1993


Two o'clock p.m.

Prayers by Mr. Warnke.

The Hon. M. Sihota made a ministerial statement regarding the issue of essential services in education and Section 72 of the Labour Relations Code.

Mr. Farrell-Collins made a statement.

Mr. Weisgerber made a statement.

Order called for "Oral Questions by Members."

Ms. Reid asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, the Health Care Accord and the impact of negotiations on the budget process.

The Hon. M. Sihota made a statement.

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

The House proceeded to "Orders of the Day."

Order for Committee of Supply called.

Pursuant to Sessional Order, the House resolved itself into Section A and Section B of Committee of Supply.

(In Committee)


Section B of Committee of Supply reported progress.

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 Speaker delivered her reserved opinion as follows:

Honourable Members:

On Thursday last the Honourable Member for Surrey-White Rock sought, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance. The matter raised by the Honourable Member was the alleged conflict of interest surrounding the decision of the government on Clayoquot Sound and the Government's ownership of shares in MacMillan Bloedel. In support of his view of the urgency and public importance of the matter, the Honourable Member referred to a recent statement by Mr. Stephen Owen, the Commissioner on Resources and Environment and, in the Honourable Member's words "the international outrage generated" by the decision in question. The Honourable Member further suggested on the issue of urgency, that there existed a possibility of the "CORE process" collapsing.

The Government House Leader made several submissions on the matter for consideration by the Chair, namely, that as the estimates of the Ministry of Forests were presently before Section A of the Committee of Supply, an opportunity already existed to raise the matter; that there are opportunities during Oral Question Period and through other procedures to raise the issue, and finally, that the statement put forward by the Honourable Member for Surrey-White Rock did not establish any urgency for debate.

I thank each of the Honourable Members for their submissions which the Chair has carefully considered. I have, as well, noted that during Oral Question Period on March 24th last (see Hansard page 4784) the Honourable Leader of the Official Opposition questioned the Honourable the Premier on the issue of the Government's acquisition of additional MacMillan Bloedel shares at a time when the Government's decision on logging in Clayoquot Sound was under consideration.

In Order for the Chair to determine that a matter qualifies under Standing Order 35 definite conditions must first be met. These pre- requisites are set forth in Sir Erskine May's Parliamentary Practice, 17th edition, pages 364 - 369 and include the following which are particularly relevant in the present instance:

"The matter must be of recent occurrence and raised without delay."

"If the matter is not raised at the earliest opportunity it fails in urgency."

"The fact that new information has been received regarding a matter that has been continuing for some time, does not in itself make that matter one of urgency."

"The application cannot succeed if another occasion for raising the matter is provided for under practice and the Standing Orders."

"When an ordinary parliamentary opportunity will occur shortly or in time, the motion has been refused."

For the Honourable Member's application to succeed in the face of those pre-requisites, self-evident impediments exist by reason of the following facts:

That approximately one month has elapsed since the issue of the alleged conflict was first raised in the House during Oral Question Period on March 24th last.

That there existed on and after March 24th last an opportunity to raise the issue during the Throne Speech Debate.

That the estimates of the Ministry of Forests are presently before the Committee of Supply (Section A) and consideration of the estimates of other ministries will occur in time.

That the emergence of new information, namely, the recent statement by the Commissioner on Resources and Environment, and the possibility of the "CORE process" collapsing, does not, according to the authority cited in Sir Erskine May, in itself make the matter, that has been continuing for some time, one of urgency.

Guided as the Chair must be by the authorities cited, I am of the opinion therefore, that the Honourable Member's application must fail. In addition to the rules set forth in Sir Erskine May's Parliamentary Practice, the Chair has been assisted by numerous identical rulings of previous Speakers to be found in the Journals of the House including the Journals 1988 (Second Session) page 127; 1987 (First Session) page 175; 1986 (Fourth Session) page 69.

Joan Sawicki, Speaker

And then the House adjourned at 5.58 p.m.

JOAN SAWICKI, Speaker


NOTICE OF MOTIONS

Wednesday Next

62  Mr. Hurd to move--
Further to Section 15.1 of the Members' Conflict of Interest Act, the Legislative Assembly requests the following of Mr. Ted Hughes.
1. To investigate whether the Executive Council of the province of British Columbia or any Member thereof, had knowledge of the decision to log Clayoquot Sound prior to the purchase of shares in MacMillan Bloedel by the B.C. Endowment Fund.
2. To investigate whether the Government's purchase of shares in MacMillan Bloedel affected the decision to log Clayoquot Sound.
3. To determine whether any Member of the Executive Council was in a position to influence the Government's decision to purchase shares in MacMillan Bloedel and the subsequent decision on logging Clayoquot Sound, and whether a conflict existed by any Member in such a position.
4. To ascertain whether a conflict exists following the decision by the Executive Council to purchase shares of MacMillan Bloedel knowing beforehand that the value of the shares would be affected by the decision subsequently made on Clayoquot Sound.
5. To determine whether any Member of the Executive Council, including the Minister of Finance, knowing the pending decision to log Clayoquot Sound, was in possession of information which could benefit shares held by the B.C. Endowment Fund, and to investigate whether such proprietary information benefitted or disadvantaged any individual or group holding shares in MacMillan Bloedel.
6. Determine (i) whether a recommendation to the B.C. Securities Commission respecting insider trading is warranted concerning the actions of Members of the Executive Council; (ii) whether trading laws apply equally to individuals, corporations and Governments who buy shares while in possession of such knowledge, and (iii) whether any practice of insider trading existed in the acquisition of MacMillan Bloedel shares which affect the value of such shares.
7. To determine the parameters and direction the Minister of Finance gives the B.C. Endowment Fund -- a line function of the Ministry of Finance -- on investment decisions, and whether any conflict exists in this relationship relating to the acquisition of MacMillan Bloedel shares.
8. To determine whether the B.C. Securities Commission possesses the arms length relationship to investigate insider trading charges levelled against another branch of the Ministry of Finance.

MEETINGS OF COMMITTEES

SUBCOMMITTEE OF THE SPECIAL COMMITTEE TO APPOINT AN
INFORMATION AND PRIVACY COMMISSIONER

The Committee will meet at 5 o'clock p.m. on Monday, April 26, in the Haida Room.
Business: Application Screening.

B. Jones, Chair
A. Warnke, Deputy Chair


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