RULE - Standing Committee

Privileges, Standing Rules and Orders

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36-1 36th Parliament, 1st Session (September 22, 1997 - September 18, 1999)
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Proceedings of the Standing Senate Committee on
Privileges, Standing Rules and Orders

Issue 5 - Second Report of the Committee

WEDNESDAY, February 11, 1998

The Standing Senate Committee on Privileges, Standing Rules and Orders has the honour to present its

SECOND REPORT

On December 16, 1997, the Senate ordered Senator Andrew Thompson to attend in his place when the Senate resumed sitting in February 1998 following the Christmas adjournment. A letter dated December 18, 1997, from the Clerk of the Senate, enclosing a certified true copy of this order, was personally served on Senator Thompson.

After the Christmas adjournment, the Senate resumed sitting at 2:00 p.m. on Tuesday, February 10, 1998. Senator Thompson was not in his place at that time, nor does the attendance record of the Senate indicate that he was present at any time during this sitting.

Pursuant to the terms of the December 16, 1997 Senate order, since Senator Thompson failed to attend the Senate, the matter of his continuing absence is now referred to the Standing Committee on Privileges, Standing Rules and Orders for the purposes of determining whether his absence constitutes a contempt of the Senate. The Committee is to report its findings and any possible recommendations within two weeks from the day the matter was referred to it.

The Committee met on February 10, 1997, when the Senate rose, to consider this matter.

Disobedience to an order of the Senate would appear to be, prima facie, contempt of Parliament. Before making a final determination regarding Senator Thompson, however, your Committee believes that he should be heard. This is based on the traditions of the Senate, and a desire that he be given every reasonable opportunity to provide an explanation or any relevant information and present reasons as to why his actions did not constitute a contempt the Senate.

As only an order of the Senate itself can require a Senator to attend a committee (Erskine May, 21st Edition, p. 629), your Committee recommends, by the adoption of this report:

That the Honourable Senator Andrew Thompson be ordered to attend before the Standing Committee on Privileges, Standing Rules and Orders at its next meeting scheduled for Wednesday, February 18, 1998, at 7:00 p.m. in Room 160-S.

Respectfully submitted,

SHIRLEY MAHEU

Chairman