Privilege / Miscellaneous

Miscellaneous; committees; chairman's conduct

Journals pp. 251-2

Debates p. 2307

Background

When the House met on January 11, Mr. Baldwin (Peace River) rose on a question of privilege to consider the propriety of certain actions taken by Mr. Otto (York East) in his capacity as chairman of the Standing Committee on Health, Welfare and Social Affairs. According to Mr. Baldwin, only the Minister and departmental officials would be invited to give evidence before the committee when it considered Bill C-180 (Consumer Packaging and Labelling Act), by instructions issued under the authority of the chairman. Mr. Baldwin said this was an "outrageous attempt to circumscribe the operations of a committee of the House", and proposed a motion to have the entire matter examined by the Standing Committee on Privileges and Elections. Mr. Otto replied that he had simply followed the course of action determined unanimously by the steering committee of the Standing Committee on Health, Welfare and Social Affairs. Mrs. Macinnis (Vancouver-Kingsway) claimed, however, that Mr. Otto had misunderstood the decision of the steering committee. The Speaker took the matter under consideration and ruled the next day.

Issue

Can the conduct of a committee chairman be considered as the subject of a question of privilege?

Decision

In this case, the "matter is essentially one for the consideration of the committee". While there may be a grievance, there is no prima fade breach of parliamentary privilege.

Reasons given by the Speaker

Committee proceedings are the responsibility of the members of the committee and it is irregular to refer to such proceedings or to the evidence taken in a committee until a report is before the House. It is true that a committee chairman has no right to decide unilaterally which witnesses should be called by the committee; only the committee, by a majority, can make such a decision. This matter should in any event be resolved by the committee rather than by the House or by another standing committee.

Sources cited

Beauchesne, 4th ed., p. 251, c. 324(1).

References

Debates, January 11, 1971, pp. 2247-8.