Committees

Introduction

As with other deliberative assemblies, the House of Commons has taken advantage of the special characteristics of committees to carry out functions that can be better performed in smaller groups, including the examination of witnesses and detailed consideration of legislation, estimates and technical matters.

Committee work provides detailed information to parliamentarians on issues of concern to the electorate and often generates important public debate. In addition, because committees interact directly with the public, they provide an immediate and visible conduit between elected representatives and Canadians.

During the tenure of Mr. Speaker Milliken, the committee system of the House of Commons underwent some important changes.

In 2002, the House established the Standing Committee on Government Operations and Estimates. In so doing, it implemented some of the recommendations put forward in the report by the Standing Committee on Procedure and House Affairs entitled: “The Business of Supply: Completing the Circle of Control”. The report advocated the establishment of a committee to oversee and review the process whereby the estimates are considered by parliamentary committees. The Standing Committee on Government Operations and Estimates was given a broad mandate, including the review of the effectiveness, administration and operations of Government departments and central agencies.

Also in 2002, the Senate having notified the House that it would no longer participate in the Standing Joint Committee on Official Languages, the House established its own Standing Committee on Official Languages. In the same year, the procedure for designating the Chairs and Vice-Chairs of standing and special committees was changed to provide for their election by secret ballot if there is more than one candidate for such positions. Previously, the unanimous consent of committee members had been required to proceed in this manner. At the same time, the House formalized the longstanding practice whereby, with certain exceptions, the Chairs of standing committees are to be drawn from the ranks of the governing party, and their first and second Vice-Chairs from the Official Opposition and another opposition party, respectively.

In 2007, the House adopted a new Standing Order which requires that committee deliberations be suspended when Members are summoned to the House for a recorded division. Included in this chapter is the decision delivered by the Speaker on March 22, 2007, that prompted this change.

From the Thirty-Eighth Parliament until his retirement, Mr. Speaker Milliken presided over minority parliaments. This reality had a profound effect on the proceedings in committees which necessitated decisions on several interesting matters. Included in this chapter are several rulings with respect to committees exceeding their mandates by undertaking studies and presenting reports that went beyond the parameters outlined for them in the Standing Orders. In a ruling delivered on March 14, 2008, the Speaker stated that the appealing and overturning of procedurally sound rulings made by committee Chairs was of great concern.

Like his predecessors, Mr. Speaker Milliken declined to interfere in the internal affairs of committees unless a report from the committee in question was presented to the House. On two occasions, with regard to the business of the Special Committee on the Canadian Mission in Afghanistan, the Speaker initially declined to interfere, in one instance, due to the absence of a report and, in the second instance, although a report from the Committee was before the House regarding an alleged breach of its privileges, the Speaker ruled it insufficient and outlined clear guidelines for reporting such alleged breaches to the House.

Finally, also included in this chapter, is the finding of a prima facie breach of privilege with respect to false testimony by a witness before the Standing Committee on Public Accounts.