Privilege / Reflections upon the House

Reflections upon the House (representations before Senate)

Journals pp. 321-2

Debates pp. 3619-20

Background

On February 19, Mr. Reid (Parliamentary Secretary to the President of the Privy Council) rose on a question of privilege regarding the appearance by Members before Senate committees to make representations or to criticize legislative measures which have been considered in the House. Without making a motion, he requested that the Speaker rule on the question.

Issue

Can a Member appear before a Senate committee? If so, can he cast doubt on legislation that has already been dealt with by the House?

Decision

A Member may appear before a Senate committee. However, Standing Order 35 forbids Members to criticize decisions of the House.

Reasons given by the Speaker

There is nothing either in the precedents or the Standing Orders which bears directly on the point of a Member of this House voluntarily appearing before a Senate committee. The Chair can find no authority whereby it “could prevent such a thing being done by a Member of this Chamber.”

However, Members who choose to appear must be very careful because “they are putting themselves in a situation where they are inviting a breach of Standing Order 35 which prohibits comments or reflections upon decisions of this House by Members of this House and they are inviting potentially grave affronts to Parliament.”

Authority cited

 Standing Order 35.

References

Debates, February 19, 1975, p. 3352; February 20, 1975, p. 3385; February 24, 1975, pp. 3471-9.