Proceedings of the Standing Senate Committee on
Privileges, Standing Rules and Orders
Issue 3 - First, Second and Third Reports of the Committee
OTTAWA, Wednesday, November 24, 1999
The Standing Committee on Privileges, Standing Rules and Orders has the honour to table its
FIRST REPORT
Pursuant to Rule 104, your Committee reports that the expenses incurred by the Committee during the First Session of the Thirty-Sixth Parliament are as follows:
Professional & Other Services $ 1,600.60
Transportation and Communications 0
All other Expenditures 0
Witness Expenses 711.99
Total $ 2,312.59
In its First Report, the Committee recommended that the Senate recognize the Usher of the Senate as the officer entitled to carry out the functions and enjoy the privileges of the Gentleman Usher of the Black Rod for purposes of law, under the Rules of the Senate, and for all other purposes. The report was presented to the Senate on November 6, 1997, and was adopted on the same day.
As a result of the failure of Senator Andrew Thompson to attend the Senate, the chamber adopted an order on December 16, 1997 that the matter of his continuing absence be referred to the Committee for the purposes of determining whether his absence constituted a contempt of the Senate. In its Second Report, the Committee recommended that Senator 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. When this report was presented on February 11, 1998, there was debate on the motion to adopt it, and amendments were moved before the debate was adjourned. The next day, February 12, 1999, the Senate adopted an order directing the Committee to take into consideration the Senate debate of February 11, and authorizing it to obtain further advice of legal counsel with respect to the issues involved.
The Committee Third and Fourth Reports also related to the case of Senator Thompson, and both were presented and adopted on February 19, 1998.
The Third Report recommended that, pursuant to the Parliament of Canada Act, the Senate make a Regulation and adopt a new Rule regarding deductions equal to the sessional allowance of a Senator who is suspended from the service of the Senate.
In its Fourth Report, the Committee recommended that the Honourable Senator Andrew Thompson be found in contempt of the Senate because of his continuing absence and that he be suspended for the remainder of the session. It also recommended that the matter of Senator Thompson's expense allowance, be referred to the Standing Committee on Internal Economy, Budgets and Administration for immediate action.
The Senators' Attendance Register was the subject of the Committee's Fifth Report, which was presented on June 3, 1998. The Committee recommended amendments to the policy establishing the Register, effective July 1, 1998. The Committee also recommended that the Senate make a regulation under the authority of the Parliament of Canada Act increasing the amount of the deduction to be made for non-attendance to a total of $250 per sitting day, composed of a deduction of $190 to be made from the sessional allowance payable after all statutory deductions and a deduction of $60 to be made from the expense allowance. This report was adopted by the Senate on June 9, 1998.
In its Sixth Report, the Committee recommended that consideration be given to the establishment of a disability policy for Senators that would include several essential elements. The Committee indicated that, if the general principles were acceptable, it intended to table precise regulations and details at a future date. The report, which was presented to the Senate on June 18, 1998, was adopted on September 22, 1998.
On December 9, 1998, the Committee presented its Seventh Report, in which it recommended the adoption of a new Rule 1(3) of the Rules of the Senate to the effect that in the French version, the masculine gender is used throughout, without any intent to discriminate but solely to make the text easier to read." The Seventh Report was adopted by the Senate on February 9, 1999.
The Committee's Eighth Report dealt with the issue of a common set of standing rules and orders for joint committees of the Senate and the House of Commons. The Committee indicated that it believed that there was merit in having such a set of rules and proposed new Standing Rules and Orders for Joint Committees. The report was presented on March 4, 1999, and adopted on March 9, 1999.
The issue of the membership of independent Senators on committees was the subject of the Committee' Ninth Report, which was presented on March 10, 1999. The Committee recommended that such Senators be appointed to sit as full members under certain conditions. The report was not adopted by the Senate.
In its Tenth Report, the Committee recommended the suspension of Rule 106 with respect to the notice requirements for a proposed private bill before the Senate. This report, which was presented on May 6, 1999, was adopted on May 11, 1999.
The restructuring of Senate standing committees was the subject of the Committee's Eleventh Report, which was presented on June 2, 1999. The report included recommendations regarding the number, size and membership of standing committees. The report was not adopted by the Senate as debate was adjourned and never concluded.
On Thursday, June 10, 1999, Senator Lowell Murray raised a question of privilege relating to the ringing of the bells for a standing vote on June 9, 1999. Following a finding by the Speaker that a prima facie case of privilege existed, the issue was referred to the Committee. The Committee heard from Senator Murray, and, in its Twelfth Report, which was presented on June 16, 1999, it recommended, as an interim measure, that the Whips be advised that notwithstanding any Rule of the Senate, the bells to call in the Senators for a standing vote that has been requested in accordance with Rule 65(3), shall be sounded for not less than 20 minutes, although this recommendation would not apply where a standing vote immediately follows another standing vote. Debate on the adoption of this report was adjourned, and it was not adopted before the session was prorogued.
Respectfully submitted,
OTTAWA, Wednesday, November 24, 1999
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
SECOND REPORT
Your Committee, in accordance with Rule 108, and upon the request of its sponsor, the Honourable Senator Taylor, recommends the suspension of Rule 106 in connection with a proposed private bill intituled: "An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America".
Respectfully submitted,
OTTAWA, Wednesday, November 24, 1999
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
THIRD REPORT
Your Committee, which was authorized by the Senate on October 13, 1999 to examine the question of privilege raised by the Honourable Senator Kinsella concerning a witness who appeared before the Standing Senate Committee on Agriculture and Forestry requests that, notwithstanding Rule 92(2), it be empowered to hold its meetings in camera for the purpose of hearing witnesses.
Respectfully submitted,
JACK AUSTIN
Chair