The Decision-Making Process

Introduction

The House of Commons is sometimes thought of as a deliberative assembly, but it is also a decision-making body. Its rules and practices are designed to allow its members to adopt or reject the proposals before them. The rules and conventions governing debate and the decision-making process ensure that the House can adopt or reject proposals under consideration in an orderly fashion.

The will of the House is ascertained by means of a vote, which is the final step of the decision-making process. Once debate on a motion has concluded, the Speaker puts the question, and the House pronounces itself on the motion. A simple majority of the members present and voting is required to adopt or defeat a question. The Speaker and other presiding officers have the duty to maintain order and decorum throughout the decision-making process and to rule on all points of order.

The decisions in this chapter appertain primarily to the private interest, formerly referred to as a “direct pecuniary interest”, that members may have in a matter before the House. No member is entitled to take part in debate or to vote on any matter in which they have a private interest. Therefore, if it is deemed that a member voted on a matter in which they had a private interest, their vote would be subsequently disallowed. For a member to be disqualified from voting, the monetary interest in question must be direct and personal.

A member’s participation in a vote on a matter in which they have a private interest is governed by the Conflict of Interest Code for Members of the House of Commons. The Conflict of Interest and Ethics Commissioner has the authority to apply the code’s provisions and to investigate alleged conflicts of interest. In the two decisions in this chapter, the Speaker reminded the House that the code gives the commissioner the sole authority to interpret and apply the code. The Speaker also stated that his role is not to determine whether a conflict of interest exists but rather to ensure that the rights and privileges of members are always safeguarded. Speaker Regan added that, as Speaker, he could not unilaterally deprive a member of the right to vote or order that a vote be retaken.