Routine Proceedings / Petitions

Motion to proceed to Orders of the Day; receivability

Debates pp. 25704-5

Background

Mr. Deans (Hamilton Mountain) rose on a point of order to allege that the motion "That the House do now proceed to Orders of the Day", moved the previous day by Mr. Pinard (President of the Privy Council) during presentation of petitions, was out of order. Mr. Deans argued that such a motion could only be moved when a question was under debate, and that during presentation of petitions no debate was taking place and no motion was before the House. After hearing comments from Members in support of their ancient right to present petitions, the Speaker ruled.

Issue

Can a motion that the House proceed to Orders of the Day be moved during presentation of petitions?

Decision

Yes. The motion is in order.

Reasons given by the Speaker

The Standing Orders do not stipulate that a motion of this kind may be moved only when there is debate; nor do they suggest that this type of motion may not be moved at some other time. It cannot be said that this type of motion is always in order, for once Orders of the Day have been reached, a Member cannot move that the House proceed to Orders of the Day. Moreover, there is no infringement of the Members' right to present petitions, since a petition can be presented to the House during the sitting of the House "by filing the same with the Clerk of the House".

Sources cited

Standing Orders 28, 50 and 71(1).

Debates, November 13, 1970, pp. 1138-9.

References

Debates, May 24, 1983, p. 25686; May 25, 1983, pp. 25698-705.