Amendments to the Content of Bills / Report Stage

Motions in amendment, acceptability of motions to delete

Journals p. 14948

Debates pp. 14964-5

Background

When debate at the report stage opened on Bill C-84, an Act to amend the Criminal Code in relation to the punishment for murder, the Speaker expressed some reservations as to the acceptability of certain motions to amend that had been entered on the Order Paper and appeared to contravene the principle of the bill.

After hearing debate on the issue, the Speaker decided that since the central principle of the bill was the abolition of the death penalty, all proposed amendments seeking to reintroduce that penalty, under whatever conditions, contravened the principle of the bill and were thus unacceptable. However, the Speaker proposed to consider separately those motions seeking to delete certain clauses in the bill pursuant to Standing Order 75(5).

Issue

Are motions to delete, pursuant to Standing Order 75(5), put with the intention of suppressing certain clauses of a bill acceptable at the report stage?

Decision

The motions to delete are acceptable.

Reasons given by the Speaker

Even if the motions to delete go against certain precedents, by apparently contravening the principle of the bill, they are in accordance with the Standing Orders and this "appears to give them a sanctity that does not extend to other motions." A precedent cited during debate must also be taken into account: it involved a motion to delete that was moved regarding a one-clause bill.

"It seems to be going far too extensively beyond the Standing Orders to suggest that because the effect may be in sum or in their collectivity to change the principle of the bill, every Member who wants to put down a motion to delete at this stage ought not to be deprived of that right."

Authorities and precedent cited

May, 18th ed., p. 509.

Standing Order 75(5).

Journals, February 13, 1969, pp. 698-9.

References

Debates, June 29, 1976, pp. 14948-63, 14966.