Selected Decisions of Speaker Peter Milliken 2001 - 2011

The Legislative Process / Stages

Report stage: power of the Speaker to select amendments; grouping of motions; Speaker’s statement

Debates, pp. 2500-1

Context

On March 29, 2001, the Speaker delivered his ruling on the selection and grouping for debate of 10 report stage motions in amendment to Bill C-2, An Act to amend the Employment Insurance Act and the Employment Insurance (Fishing) Regulations, including his reasons for selecting motions which could have been proposed in committee but were not.[1]

Resolution

In making the usual ruling on the motions to be selected and grouped for debate, the Speaker indicated that since the Bill had been considered clause by clause in committee on March 21, 2001, the same day that he had delivered his statement outlining the guidelines for the selection of motions at report stage,[2] he would use his discretion in selecting motions which could have been proposed in committee but were not. He told the Members that this would be the last report stage ruling where the Chair would be taking into account the timing of clause-by-clause study relative to his March 21 statement, and he cautioned that, in the future, any motion in amendment submitted at report stage which could have been presented at committee stage would not be selected. He did allow that Members could argue that a motion in amendment is indispensable to a debate on a bill and the Chair would agree to hear such arguments. In closing, the Speaker stated that he would do his utmost to be fair and impartial in the selection of amendments.

Decision of the Chair

The Speaker: Ten motions in amendment are listed in the Notice Paper at the report stage of Bill C-2.

Motions Nos. 1 to 3 and 5 to 7 cannot be proposed to the House because they are not accompanied by a recommendation from Her Excellency the Governor General. Standing Order 76(3) requires that notice of such a recommendation be given no later than the sitting day before the beginning of report stage consideration of a bill.

Since the Standing Committee on Human Resources and the Status of Persons with Disabilities considered this Bill at clause-by-clause stage on March 21, the same day as my statement outlining the guidelines for the selection of motions at report stage, the Chair will exercise discretion and select motions which could have been proposed in committee but were not.

I would ask all hon. Members to note that this is the last report stage ruling where the Chair will be taking into account the timing of clause-by-clause study in committee, relative to my March 21 statement on the guidelines for the selection of motions at report stage.

Consequently, in connection with the report stage of future bills, I have asked my representatives to examine each motion in amendment submitted at report stage to see whether it could have been presented at committee stage, and if so not to select it.

That said, the Chair must acknowledge that one or two motions in amendment are sometimes indispensable to a debate on a bill, and hon. Members could argue that they deserve to be examined in the House, even if there has already been an examination of them in committee. I will agree to hear such arguments and I encourage hon. Members to examine this type of motion with my representatives as soon as the bill is returned to the House.

As we are all aware, there is often a very tight time frame for the report stage, which may be a hindrance to debate. I am relying on the cooperation of hon. Members to ensure that the Chair is kept fully informed, via its representatives, of their opinions when it examines each preliminary decision at report stage. I will do my utmost to be fair and impartial in the choice of amendments and I am convinced that hon. Members will acknowledge and respect the principles set out in my decision of March 21 in order to assist me in this.

To repeat some of those words:

I… strongly urge all Members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created, namely for the House to consider the committee report and the work that the committee has done, and to do such further work as it deems necessary to complete detailed consideration of the bill.

Motion No. 4 and Motions Nos. 8 through 10 will be grouped for debate. The voting patterns for the motions within each group are available at the Table. The Chair will remind the House of each pattern at the time of voting.

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[1] Journals, March 29, 2001, pp. 261-2.

[2] Debates, March 21, 2001, pp. 1991-3.

For questions about parliamentary procedure, contact the Table Research Branch

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