The Legislative Process / Stages
Report stage: power of the Speaker to select amendments; admissibility of motion seeking to correct an error in the committee report
Debates, p. 5125
Context
On November 21, 2006, the House proceeded to the consideration at report stage of Bill C-24, Softwood Lumber Products Export Charge Act, 2006. The Acting Speaker (Andrew Scheer), exercising his authority pursuant to Standing Order 76.1, ruled on the selection and grouping of 95 motions in amendment standing on the Notice Paper.
Resolution
The Acting Speaker ruled that, of the 95 motions, 22 were not selected because they could have been presented in committee and 53 were not selected because they had been negatived in committee. He informed the House that one motion proposed to correct an error in the report would not be selected because he had asked that the Bill be reprinted after third reading to correct the error. The 19 other motions remaining were selected and grouped for debate.
Decision of the Chair
The Acting Speaker (Mr. Andrew Scheer): There are 95 motions in amendment standing on the Notice Paper for the report stage of Bill C-24. Motions Nos. 1 to 3, 5, 9, 10, 12, 20, 21, 23, 24, 26, 27, 29, 35, 36, 46, 53, 74, 79, 82 and 95 will not be selected by the Chair as they could have been presented in committee.
Motion Nos. 30 to 34, 37 to 45, 47 to 52, 54 to 73, 76, 78, 80, 81 and 85 to 93 will not be selected by the Chair as they were defeated in committee.
Motion No. 11 proposes to amend clause 12. The Chair has been informed that an error was found in the report to the House on Bill C-24. This situation resulted in the tabling of a motion at report stage. The error in question has to do with an amendment to an amendment that was rejected in committee on a recorded division. The report to the House indicates, in error, that the amendment to the amendment was adopted. Accordingly, the Chair thanks the hon. Member for Gatineau for tabling a motion at report stage in order to correct the report, but this was not necessary. I will ask that the Bill be reprinted after third reading in order to add the following amendment to clause 12:
That Bill C-24, in clause 12, be amended by replacing, in the English version, line 36, on page 7, with the following:
“incurred in the placement aboard the convey—”
Accordingly, Motion No. 11 will not be selected by the Chair.
All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at report stage.
There are a large number of motions which have not been selected for report stage, either because they were identical to motions defeated in committee or because they could have been presented in committee.
The Chair feels that it may be appropriate to take a moment to review the selection criteria for report stage.
On March 21, 2001, the Speaker made a statement on the selection criteria for motions at report stage as follows:
First, past selection practices… will continue to apply. For example, motions and amendments that were presented in committee will not be selected, nor will motions ruled out of order in committee. Motions defeated in committee will only be selected if the Speaker judges them to be of exceptional significance.
Second, regarding the new guidelines, I will apply the tests of repetition, frivolity, vexatiousness and unnecessary prolongation of report stage proceedings insofar as it is possible to do so in the particular circumstances with which the Chair is faced.… I also intend to apply those criteria in the original note.… Specifically, motions in amendment that could have been presented in committee will not be selected.
Consequently, the Chair selects motions which further amend an amendment adopted by a committee, motions which make consequential changes based on an amendment adopted by a committee and motions which delete a clause.
Aside from this, the Chair is loath to select motions unless a Member makes a compelling argument for selection based on the exceptional significance of the amendment.
The Chair cannot predict every possible scenario, but it reminds hon. Members that every bill is carefully examined in order to preserve the delicate balance between protecting the rights of the minority and the ability of the majority to exercise the right to vote.
Therefore, the motions will be grouped for debate as follows: Group No. 1 will include Motions Nos. 4, 25, 77, 83, 84 and 94. Group No. 2 will include Motions Nos. 6 to 8, 13 to 19, 22, 28 and 75.
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.
I shall now propose Motions Nos. 4, 25, 77, 83, 84 and 94 in Group No. 1 to the House.