Privilege / Impeding a Member

Impeding a Member

Debates pp. 1712-3

Background

When a notice of motion for the production of papers was called in the name of Mr. Hellyer (Trinity), Mr. Haidasz (Minister of State) explained that the information requested had been provided in confidence and consequently Mr. Hellyer might wish to withdraw his motion. Mr. Hellyer immediately rose on a question of privilege and claimed that the Government was not adhering to its own guidelines respecting the release of documents. He argued that the Government's attitude represented "a fundamental change" amounting to a "denial of the rights of the individual Members of Parliament and through them of Parliament itself". The Speaker ruled immediately.

Issue

Can a Member who seeks the production of papers insist that they be tabled, despite the objections of the Government or a Minister?

Decision

Notices of motion for the production of papers are regulated by the Standing Orders and the role of the Chair is limited to inquiring which method of production will be pursued.

Reasons given by the Speaker

Four possibilities are available according to the Standing Order on the notice of motions for the production of papers. When called, the motion can be adopted by the House, dropped, voted upon or, at the request of either the Member putting the motion or a Minister, transferred for debate. In this particular case, the Minister refuses to table the documents; the Chair must determine which of the other alternatives will be selected.

Sources cited

Standing Order 48(1).

References

Debates, April 24, 1974, pp. 1711-2.