1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Nos. 65 and 66
OF THE
Tuesday, June 1, 1993
Ten o'clock a.m.
Prayers by Mr. Barnes.
The Speaker delivered her reserved decision as follows:
Honourable Members:
On Thursday last, the Honourable Member for West Vancouver-Garibaldi rose on a matter of privilege, namely, that a ministerial statement by the Honourable the Premier made reference to a subject matter previously referred to, and currently under consideration by, a Select Standing Committee of the House and thereby committed a breach of privilege.
The Chair has examined the terms of reference to the Select Standing Committee on Economic Development, Science, Labour, Training and Technology which empower that Committee "to examine the implications for the economies of British Columbia and Canada of the North American Free Trade Agreement". The Chair has also closely examined the content and scope of the ministerial statement and has considered the various submissions on the matter raised.
An examination of authorities on parliamentary practice, namely Sir Erskine May, Beauchesne and others, has not disclosed any precedent or comment of direct assistance to the Chair in the consideration of the specific circumstances of the matter raised by the Honourable Member for West Vancouver-Garibaldi.
It is, of course, a breach of privilege to privately solicit members of a Committee when acting in a quasi-judicial capacity or to threaten members of a Committee in an attempt to influence them in the discharge of their duties. In addition, it is the acknowledged practice of this House to p reclude any reference in detail to specific issues before a Committee, prior to the report of the Committee, or discussion of evidence being presented to a Committee, but to allow general references to a subject matter even although that matter may have been previously referred to a Select Standing or other Committee. The rationale of this practice is to avoid any direct intrusion into the functioning of Committees which might pre-empt the Committee's activities. The House itself, at the same time, does not totally preclude itself from alluding to a particular subject matter which it has referred to one of its Committees.
The Chair's examination of the scope and content of the ministerial statement in issue reveals that the core of the statement relates to concern about duties imposed by the United States on imported Canadian lumber and the dispute resolving mechanisms contained in the Free Trade Agreement with the United States, and the effect of the proposed North American Free Trade Agreement in relation to the subsidy side of the countervail issue. Reference was also made to the "government's opposition to NAFTA", and that statement appears to the Chair to go to the root of the Honourable Member's concern by reason of its linkage to the work of the Select Standing Committee on Economic Development, Science, Labour, Training and Technology. However, it is the recollection of the Chair that opposition to this agreement has been previously expressed by the government on several occasions in the House. Insofar as the ministerial statement makes reference to duties imposed by the United States on imported lumber, it must be common ground that opposition to that duty has been repeatedly expressed in the House and elsewhere. It is difficult therefore to see how a Committee's work could be impeded by an allusion to facts already known to the members of the Committee.
Furthermore, it seems to the Chair that the mandate of the Committee to examine the implications of a proposed agreement is one of very wide scope going beyond, and not necessarily governed by either approval of or opposition to, the North American Free Trade Agreement.
While appreciating the concern of the Honourable Member for West Vancouver-Garibaldi, the Chair is not persuaded, prima facie, that the ministerial statement which, in itself, is within the ambit of allowable ministerial statements, could correctly be construed, in light of the practices of this House, as breaching the established privileges of parliament.
Joan Sawicki, Speaker
The Hon. M. Sihota (Minister of Labour and Consumer Services and Minister Responsible for Constitutional Affairs) tabled the Annual Report of the Ministry of Labour and Consumer Services, 1991-1992.
The House proceeded to "Orders of the Day."
Order for Committee of Supply called.
Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Economic Development, Small Business and Trade).
(In Committee -- Section B)
Section B 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, June 1, 1993
Two o'clock p.m.
The Hon. D. Miller (Minister of Forests) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:
David C. Lam
Lieutenant GovernorThe Lieutenant Governor transmits herewith Bill (No. 30) intituled Forest Amendment Act, 1993 and recommends the same to the Legislative Assembly.
Government House,
May 28, 1993.
Bill introduced and read a first time.
Second reading at the next sitting after today.
On the motion of Mr. Farrell-Collins, Bill (No. M 221) intituled Labour Relations Code Advisory Committee Act was introduced, read a first time, and 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."
By leave, Mr. Cowie tabled a document (video tape) relating to welfare fraud.
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 Transportation and Highways).
Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Economic Development, Small Business and Trade and Ministry of Environment, Lands and Parks).
(In Committee)
23. Resolved, That a sum not exceeding $347,800 be granted to Her Majesty to defray the expenses of Ministry of Economic Development, Small Business and Trade, Minister's Office, to 31st March 1994.
24. Resolved, That a sum not exceeding $73,954,200 be granted to Her Majesty to defray the expenses of Ministry of Economic Development, Small Business and Trade, Ministry Operations, to 31st March 1994.
Section B of Committee of Supply reported the Resolutions.
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 Hon. R. Blencoe advised that the House will sit Wednesday, pursuant to Standing Order 2 (2).
And then the House adjourned at 5.58 p.m.
JOAN SAWICKI, Speaker
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