Selected Decisions of Speaker Gilbert Parent 1994 - 2001
Parliamentary Privilege / Rights of the House
Ministerial announcement made outside the House: Advisory Council membership
Debates, pp. 12806-7
Context
On March 12, 1999, at the end of Routine Proceedings, Peter MacKay (Pictou—Antigonish—Guysborough) raised a question of privilege concerning a communiqué released to the media by Alfonso Gagliano (Minister of Public Works and Government Services) announcing the creation of the Parliamentary Building Advisory Council. Mr. MacKay noted that the announcement of the creation of this Advisory Council had not been made in the House where such announcements should be made and that no member of the House was on the Council. In his opinion this constituted a breach of the privileges of members of the House. The Deputy Speaker (Peter Milliken) also heard the comments of Bob Kilger (Chief Government Whip). The Deputy Speaker ruled immediately on the two points raised by the member.[1]
Resolution
Concerning the announcement of the minister made outside the House, the Deputy Speaker stated that although this had been a common practice for many years and seemed to be happening more frequently, it did not constitute a question of privilege. With respect to the second point on to the representation of the House on the Advisory Council, he said that this Council would be advising the minister and had no power of decision in respect of the House. The Deputy Speaker did not see how the privileges of any member were breached by the appointment of such an advisory committee. Therefore, he ruled there was no question of privilege and suggested that the member raise the matter with the Standing Committee on Procedure and House Affairs.
Decision of the Chair
The Deputy Speaker: I am quite prepared to deal with the matter immediately. The honourable member for Pictou—Antigonish—Guysborough has raised two issues.
First, he has alleged some kind of grievance that the minister made an announcement outside the House which, in the view of the honourable member, ought to have been made in the House. While many members might express some sympathy with the honourable member for Pictou—Antigonish—Guysborough on that point, I do not think it constitutes a breach of the privileges of members of this House in any way. Indeed, it has been a common practice for many, many years.
I can recall sitting in the gallery in the sixties, hearing members making exactly the same complaint. While that is about 35 years ago, I do not think there has been any change. If anything, there are more announcements made outside the House today than there were then.
Mr. Peter MacKay: That’s wrong.
The Deputy Speaker: The honourable member says it is wrong and we can shed crocodile tears about it, but I am afraid that on that point he does not have a question of privilege.
With respect to the second point the member raised as to the representation of the House on this group-and I noticed he referred to it as an advisory committee-it does not appear that it is a group, by its name anyway, which has any power of decision in respect of the premises of this place.
Once again, as the government House leader has pointed out so ably from his seat, he is advising the minister. In the circumstances, since it is an advisory committee, I do not see how the privileges of any honourable member are impinged upon by the appointment of such an advisory committee, no matter what its members hip.
Therefore, I do not feel that the honourable member has raised a question of privilege that I can entertain at this time and I decline to treat it as such. If he wishes to raise the matter, I know he can go to the Procedure and House Affairs Committee and I am sure that the patient chairman of that committee will hear him out.
P0105-e
36-1
1999-03-12
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[1] Debates, March 12, 1999, pp. 12805-6.