Selected Decisions of Speaker John Bosley 1984 - 1986
Routine Proceedings / Committee Reports
Anticipating legislation
Debates p. 12315
Background
During debate on a motion for concurrence in the First Report of the Standing Committee on Finance and Economic Affairs, Mr. Gauthier (Ottawa—Vanier) rose on a point of order to ask whether a standing committee could report to the House on the provisions of a bill before that bill had been given second reading. His point was taken up by Mr. Lewis (Parliamentary Secretary to the President of the Privy Council), who argued that the report offended the rule of anticipation by prejudging legislation and that the appropriate time for committee study would be after the bill had passed second reading. Mr. Deans (Hamilton Mountain) responded that under the new powers accorded to stan ding committees, it was appropriate for a committee to examine anything falling within the jurisdiction of its designated department. The Speaker ruled immediately.
Issue
Can a standing committee report to the House on a legislative measure which has not yet passed second-reading stage?
Decision
Yes. The report and the motion to concur in it are in order.
Reasons given by the Speaker
The Committee is not making a comment to the House about the legislation. The Standing Orders empower the Committee to report on matters relating to the mandate, management, organization, and operation of the Department, as the Committee deems fit.
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Sources cited
Standing Order 96(2)(e).
References
Debates, April 16, 1986, pp. 12313-5.
Journals, April 8, 1986, pp. 1946-7.