Selected Decisions of Speaker Geoff Regan 2015 - 2019
Parliamentary Privilege / Rights of the House
The right to regulate its internal affairs: consumption of alcohol and other substances within the Parliamentary Precinct; role of the Speaker and the Board of Internal Economy
Debates, pp. 2955–6
Context
On November 1, 2018, Brian Masse (Windsor West) rose on a question of privilege regarding the use of alcohol and other substances within the Parliamentary Precinct. Mr. Masse explained that he had sent a letter to the Speaker on January 29, 2018, in which he asked the Speaker to intervene to ensure that the Board of Internal Economy addressed this matter on behalf of all members. Mr. Masse specified that several incidents had occurred recently that were inconsistent with maintaining Parliament as a safe workplace and that would impair his ability to perform his parliamentary duties. He therefore asked the Speaker to report to the House on how measures in relation to alcohol consumption within the Parliamentary Precinct could be taken. The Speaker took the matter under advisement.[1]
Resolution
On November 20, 2018, the Speaker delivered his ruling. He explained that he had advised Mr. Masse to discuss the matter with his House Leader in order to ensure that the Board of Internal Economy addressed the matter. He specified that it is the best forum in which to raise such matters. He added that members who are not represented on the Board of Internal Economy can always approach the Chair, who serves as its representative. As a result, despite the serious nature of the question raised and the need to ensure that Parliament remains a healthy and safe workplace, the Speaker could not find a prima facie question of privilege.
Decision of the Chair
The Speaker: I am now prepared to rule on the question of privilege raised on November 1, 2018, by the hon. member for Windsor West concerning the use of alcohol and other substances within the parliamentary precinct. I want to thank the member for Windsor West for having raised the matter.
In his intervention, the member alleged that there had been several incidents recently, related to the use of alcohol within the parliamentary precinct that were inconsistent with Ontario laws and with keeping Parliament a safe workplace. While acknowledging that some work has already been done, he asked that I, as Speaker, report back to the House on this issue, as well as those he raised with me previously about providing a more holistic and consistent approach to the use of alcohol on the Hill.
As indicated by the member for Windsor West, he asked me in January of this year to address the issue of alcohol on Parliament Hill at the Board of Internal Economy. In response, I referred the member to his House Leader, who is a member of the Board. He indicated that some progress was made using this approach.
Subsection 52.3 of the Parliament of Canada Act gives the board, not the Speaker, the legal authority to:
…act on all financial and administrative matters respecting
- the House of Commons, its premises and its staff; and;
- the members of the House of Commons.
Accordingly, the right forum to raise such matters as raised by the member for Windsor West remains the Board of Internal Economy.
While the member rightfully noted that not all members have a House Leader who can raise issues on their behalf at the Board, Speaker Parent reminded us on April 23, 1998, at page 6037 of the Debates that, “As a general rule I as Speaker of the House represent the independent members on the Board of Internal Economy.”
Members from caucuses not represented on the Board and independent members should feel free to approach me at any time on any matter. I am pleased to be their spokesperson if they wish to be heard on this or any other issue. I also encourage them to make their views known to other Board members.
While I cannot conclude that there is a prima facie question of privilege in this case, this does not mean the subject is not serious. Indeed, it is incumbent upon all of us to ensure that Parliament is a healthy and safe workplace for everyone. The special nature of the work performed here should never be used as a shield from this obligation, this priority. I look forward to our continued work on appropriate measures that will allow those who work here today, and in the future, to do so with ease of mind and a full sense of security.
I thank hon. members for their attention.
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[1] Debates, November 1, 2018, pp. 23154–5.