Private Members’ Business / Miscellaneous

November 27, 1997

Debates, p. 2343

On October 21, 1997, after Oral Questions, Garry Breitkreuz (Yorkton—Melville) raised a question of privilege concerning a memorandum dated Wednesday, October 1, 1997, addressed to the procedural clerks in the Legislative Services Directorate. The memorandum concerned a number of changes that, according to the member, affected “the level and quality of the independent legal services available to members” and which were made without the full knowledge of members of Parliament. After hearing interventions from other members, the Speaker stated that he would hold the matter in abeyance, given that the issue of legislative services was before the Board of Internal Economy and that he was soon going to render a ruling on the related question of privilege raised by Roger Gallaway (Sarnia—Lambton) on October 7, 1997.^[1] On November 18, 1997, after Oral Questions, Mr. Gallaway rose on a question of privilege concerning the legislative counsel office. The member stated that the drafting of one of his private members’ bills had been entrusted to a classroom of students at the University of Ottawa. As well, the professor at the University who was responsible for the drafting project also worked as a lawyer for the Department of Justice. Mr. Gallaway argued that in addition to compromising the confidentiality of the work, the situation could also potentially allow “interference by the Crown” in the work of members. After hearing interventions from other members, the Speaker reserved his decision.^[2]

On November 27, 1997, at the beginning of the sitting, the Speaker delivered a ruling on the questions of privilege raised by Mr. Breitkreuz and Mr. Gallaway. The Speaker reminded the House that the matters raised involved basic administrative services and as such, “should not be raised on the floor of the House as a point of order or a question of privilege”. He announced that the practices of assigning the drafting of amendments to procedural clerks and the drafting of private members’ bills by students of the University of Ottawa would be suspended until the “mandate and the resourcing of legislative counsel services” could be reviewed by the Board of Internal Economy. For the current fiscal year, additional resources were authorized to ensure that members’ amendments and bills could be drafted by legislative counsel. For the next fiscal year, a more comprehensive solution would be sought.

Decision of the Chair

The Speaker: I would like to deliver a ruling on the questions of privilege raised by the honourable member for Yorkton—Melville on October 21, 1997, and by the honourable member for Sarnia—Lambton on November 18, 1997.

The honourable member for Yorkton—Melville objected to an administrative change where House procedural staff were drafting legislative amendments for private members, rather than legislative counsel. The honourable member felt that this change would reduce the quality of service available to him and as such interfered with his ability to do his job as a member for Parliament.

The honourable member for Sarnia—Lambton, on the other hand, objected to his private member’s bill being drafted by lawyers enrolled in the legislative drafting program at the University of Ottawa. The honourable member felt that this arrangement breached the confidentiality that applies to such matters and was evidence of inadequate legislative counsel support for members.

Furthermore, the fact that the program is headed by a Justice Department lawyer caused him to wonder about possible government interference in private members’ bills.

I thank the honourable members for their submissions on this matter and the other honourable members who intervened. The legislative work of private members is an important part of what it means to be a member of Parliament. As your Speaker, it concerns me that some private members feel they are not adequately supported in their legislative function.

As I indicated in my ruling on October 23, 1997, on a point of privilege raised by the honourable member for Sarnia—Lambton in respect of legislative counsel services, questions pertaining to resources provided to private members should be brought to the attention of the Board of Internal Economy and should not be raised on the floor of the House as a point of order nor as a point of privilege.

The matters raised on that earlier occasion and the matters now raised by the honourable member for Yorkton—Melville and the honourable member for Sarnia—Lambton involve in my view basic administrative issues. I had however committed to both honourable members that I would ensure this matter would get priority at the Board.

With respect to the administrative changes to which the honourable members referred, I have directed that both initiatives, the drafting of amendments by procedural staff and the drafting of private members’ bills at the University of Ottawa, be put on hold pending a decision by the Board on the mandate and the resourcing of legislative counsel services generally.

I want to reassure the honourable members that amendments and private members’ bills shall only be drafted by legislative counsel retained under the authority of the Speaker. For this the Board has authorized additional resources for the balance of the current fiscal year which should improve timely delivery of services.

The larger question of legislative counsel services remains on the agenda of the Board. It is hoped that a more comprehensive solution will be found in time for the next fiscal year, as the Board is currently working on the proposed 1998-99 Estimates.

It is my hope, given the nature of this matter and the number of times it has been raised, that the Board will resolve this matter.

But I want to close this statement by giving the honourable members for Sarnia—Lambton and for Yorkton—Melville a further commitment, and it is this: If this matter is not resolved in a timely fashion at the Board, I will not shy away from my duty and responsibility as the Speaker of this House.

P1004-e

36-1

1997-11-27