Selected Decisions of Speaker James Jerome 1974-1979
Content of Bills / Estimates
Estimates
Journals pp. 604-8
Debates pp. 4220-2
Background
On March 21, Mr. Baker (Grenville—Carleton) rose on a point of order and objected to certain items contained in Supplementary Estimates (D) for the fiscal year ending March 31, 1977. These items, the so-called dollar items, proposed to amend certain legislation in addition to the Appropriation Act, and in consequence, according to Mr. Baker, should be ruled out of order. He cited five specific votes as having a legislative character. Others were mentioned during the debate on the matter.
Issue
Are votes in the estimates which appear to contain elements of a legislative character in order?
Decision
Two of the items are out of order. Concerning the rest, there are four which raise grave doubts while the remaining' items are less clear, but all will be allowed to proceed.
Reasons given by the Speaker
A supply item ought not to be used to obtain authority which is the proper subject of legislation.
There is need for a more appropriate procedure to consider this matter; one which will permit an opposition attack and a properly prepared defence before the Chair renders a decision. In the absence of such a procedure, the Chair is disposed to be somewhat lenient in respect of the specific items in issue at this time. For this reason, the Chair cautions Members not to take any of these decisions as a precedent.
Authorities and precedents cited
May, 18th ed., p. 731. Standing Order 58.
Journals, March 10, 1971, pp. 395-7; December 10, 1973, pp. 736-8; March 26, 1974, pp. 70-1; June 22, 1976, p. 1368.
References
Debates, March 21, 1977, pp. 4155-66; March 22, 1977, p. 4209.