1997 Legislative Session: 2nd Session, 36th Parliament


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


[ Progress of Bills . . . ]

Nos. 90 and 91

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Tuesday, July 8, 1997

Ten o'clock a.m.

Prayers by Mr. Krueger.

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 Forests).

(In Committee -- Section B)

Mr. Farrell-Collins moved that the amount allocated in the 1997-98 Estimates to the Office of the Minister of Forests, $433,000 be reduced by $1.

Motion defeated on the following division:

YEAS -- 30
Dalton
Gingell
Reid
Campbell
Farrell-Collins
Plant
Sanders
de Jong
Coell
Anderson
Nebbeling
Whittred
van Dongen
Thorpe
Penner
J.D. Wilson
Reitsma
Hansen
C. Clark
Symons
Hawkins
Abbott
Jarvis
Weisbeck
Chong
Coleman
Nettleton
Masi
Krueger
Barisoff


NAYS -- 36

Evans
Zirnhelt
McGregor
Boone
Hammell
Streifel
Pullinger
Farnworth
Kwan
Waddell
Calendino
Stevenson
Bowbrick
Goodacre
Giesbrecht
Walsh
Kasper
Orcherton
Hartley
Priddy
Petter
Miller
G. Clark
Dosanjh
MacPhail
Cashore
Ramsey
Sihota
Randall
Sawicki
Lali
Doyle
Gillespie
Robertson
Smallwood
Janssen

Section B continued to sit.


Section B of Committee of Supply reported progress.

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.

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, July 8, 1997

Two o'clock p.m.

Order called for "Oral Questions by Members."

The Hon. D. Miller (Minister of Employment and Investment) tabled the following:

BC Systems Corporation Annual Report, 1995-96; and

British Columbia Lottery Corporation Annual Report, 1995/96.

The Hon. J. Cashore (Minister of Aboriginal Affairs) tabled the BC Treaty Commission Annual Report, 1997, with financial statements.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Thursday, July 3, 1997, the Honourable Member for Powell River-Sunshine Coast rose on a matter of privilege concerning the conduct of the Minister of Labour, alleging certain improprieties surrounding Bill (No. 44) intituled the Labour Statutes Amendment Act, 1997, which was introduced into the House and received first reading on June 25, 1997.

In the course of his statement, the Honourable Member has referred the Chair to numerous precedents relating to breach of privilege that are presented in Parliamentary Practice in British Columbia, 3rd edition, and I have carefully considered the cumulative effect of those decisions on the Member's case.

It is my view that none of the precedents mentioned can be relied upon as an authority to assist the Honourable Member in establishing a prima facie breach of privilege for the case in hand. Indeed, what emerges from these precedents is that a premature release of government policy or proposed legislation, to the press or the public prior to introduction into the House, does not constitute a breach of privilege or contempt.

There is, however, a caveat running through these decisions which suggests disclosure of the detail of legislation to outside parties, prior to their introduction in the House, may involve a question of propriety or a question of courtesy.

For example, the Saskatchewan Journals of April 5, 1976 at page 63 record the observations of Mr. Speaker Brockelbank as follows:

"I wish to stress to the Assembly that although it is a courtesy to the Assembly for a Minister to release information in the Assembly before releasing it to the press or the public, it is not a breach of the privileges or Rules of the Assembly if this does not happen."

Dealing now with the other matter raised by the Honourable Member when he referred the Chair to Standing Order 78a, the Member quite correctly observed that this Standing Order enabled the Minister of Labour to refer Bill 44 to a Select Standing Committee immediately after its introduction in this House.

A close examination of Standing Order 78a, however, makes it abundantly clear that the power of referral is permissive only and, in the Chair's view, the discretion for such a referral was intended to remain the prerogative of the Minister in charge of the Bill: the discretion is unrelated to the authority of the Chair.

In conclusion, then, and based on the authorities noted, the Chair is unable to find that the Honourable Member has, prima facie, established a case of breach of privilege.

Dale Lovick, Speaker

The House proceeded to "Orders of the Day."

The Hon. J. MacPhail advised that the House will sit Wednesday, pursuant to Standing Order 2 (2).

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 Forests).

(In Committee -- Section B)


Section B of Committee of Supply reported progress.

Report to be considered later today.

Committee to sit again later today.

(In Committee -- Section A)


Section A of Committee of Supply reported progress.

Report to be considered later today.

Committee to sit again later today.

The House recessed until 6.35 p.m.


Thirty-five Minutes past Six o'clock p.m.

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 followed by the estimates of the Ministry of Environment, Lands and Parks).

Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Forests).

(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.

(In Committee -- Section A)

54. Resolved, That a sum not exceeding $420,000 be granted to Her Majesty to defray the expenses of Ministry of Transportation and Highways, Minister's Office, to 31st March, 1998.

55. Resolved, That a sum not exceeding $507,681,000 be granted to Her Majesty to defray the expenses of Ministry of Transportation and Highways, Ministry Operations, to 31st March, 1998.


Section A of Committee of Supply reported the Resolutions and completion of the estimates of the Ministry of Transportation and Highways.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

By agreement, summary debate of estimates passed in Section A (Ministry of Transportation and Highways) to be considered 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.

And then the House adjourned at 9.57 p.m.

DALE LOVICK, Speaker


NOTICE OF BILLS

Thursday, July 10

Ms. Sawicki to introduce a Bill intituled Motor Vehicle Act Amendment Act, 1997 (Motorized Cycles).

[ Progress of Bills . . . ]


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