Motions on Routine Proceedings / Concurrence in Committee Report

Concurrence in committee report

Journals pp. 179-81

Debates pp. 2041-2

Background

On November 28, as the House was proceeding to the report stage consideration of Bill S-11, an Act respecting the British Columbia Telephone Company, Mr. Reid (Parliamentary Secretary to President of Privy Council) rose on a point of order to object to a recommendation made in the second report of the Standing Committee on Transport and Communications. He claimed that the recommendation to hold in abeyance fees paid by B.C. Telephone Co., according to S.O. 91(4), was beyond the committee's order of reference which was to study Bill S-11. While the Deputy Speaker recognized the merit of the objection, consideration of Bill S-11 was allowed because the bill had been reported back to the House through the third report of the committee; the second report had yet to be placed before the House. Bill S-11 received third reading the same day.

On December 2, Mr. Campbell (LaSalle—Émard—Cote Saint-Paul) moved that the second report of the Standing Committee on Transport and Communications be concurred in. Again, Mr. Reid questioned the acceptability of the report.

Issue

Does a committee have the authority to go beyond the provisions of the bill and to make recommendations on matters which are outside the scope of the bill?

Decision

No. The motion for concurrence in the second report cannot be put.

Reasons given by the Speaker

According to Beauchesne's Fourth Edition, a committee may only consider those matters which have been committed to it by the House and is bond by, and does not have the liberty to depart from, the order of reference.

The recommendation contained in the report under discussion deals with the application of a Standing Order of the House and is totally outside the terms of the bill.

Authorities and precedents cited

Beauchesne, 4th ed., p. 244, c. 304(1); p. 251, c. 323.

Bourinot, pp. 469, 603-4.

Standing Orders 91, 99.

Journals, December 20, 1973, pp. 774-5; March 24, 1970, pp. 636-7.

References

Journals, November 21, 1974, p. 137; November 28, 1974, pp. 156-7; December 3, 1974, p. 168.

Debates, November 21, 1974, p. 1519; November 28, 1974, pp. 1765-7; December 2, 1974, p. 1826; December 3, 1974, pp. 1879-82.