Proceedings of the Standing Senate Committee on
Rules, Procedures and the Rights of Parliament
(Formerly Privileges, Standing Rules and Orders)
Issue 14 - Minutes of Proceedings
OTTAWA, Wednesday, February 20, 2002
(33)
The Standing Committee on Rules, Procedures, and the Rights of Parliament (formerly entitled Privileges, Standing Rules and Orders) met at 12:15 p.m. this day, the Chair, the Honourable Senator Austin, P.C., presiding.
Members of the committee present: The Honourable Senators Andreychuk, Austin, P.C., Bryden, Carstairs, P.C., Cools, Gauthier, Joyal, P.C., Kroft, Losier-Cool, Lynch-Staunton, Milne, Nolin, Robertson, Stratton (14).
Other senators present: The Honourable Senator Prud'homme, P.C., Rossiter, (2)
In attendance: The official reporters of the Senate.
APPEARING:
The Honourable Senator Sharon Carstairs, P.C., Leader of the Government in the Senate.
The committee resumed its consideration of Bill S-34, An Act respecting royal assent to bills passed by the Houses of Parliament.
Senator Carstairs, P.C., made a statement and answered questions.
After debate it was agreed that the committee proceed with clause-by-clause consideration of Bill S-34.
It was agreed — That Clause 1 stand.
Senator Carstairs, P.C., moved — That Bill S-34 be amended, on page 1, by adding after the long title, the following:
``Whereas royal assent is the constitutional culmination of the legislative process;
Whereas the customary ceremony of royal assent, which assembles the three constituent entities of Parliament, is an important legislative tradition to be preserved;
And whereas it is desirable to facilitate the work of Parliament and the process of enactment by enabling royal assent to be signified by written declaration;''.
The question being put on the motion, it was — Resolved in the affirmative with Senator Cools opposed.
Senator Losier-Cool moved — That the new clause 2 read as follows:
``2. Royal assent to a bill passed by the Houses of Parliament may be signified, during the session in which both Houses pass the bill,
(a) in Parliament assembled; or
(b) by written declaration.''
The question being put on the motion it was — Resolved in the affirmative.
Senator Milne moved — That Bill S-34 be amended, in clause 3, on page 1, by replacing line 17 with the following:
``.... least twice in each calendar year.''
The question being put on the motion it was — Resolved in the affirmative.
Senator Kroft moved — That Bill S-34 be further amended, in clause 3, on page 1, by replacing lines 15 to 17 with the following:
``3. (1) Royal Assent shall be signified in Parliament assembled at least twice in each calendar year.''
The question being put on the motion it was — Resolved in the affirmative.
Senator Lynch-Staunton moved — That Bill S-34 be amended, in clause 3, on page 1, by adding after line 17 the following:
``3 (2) Royal assent shall be signified in Parliament assembled:
(a) in the case of the first bill of the session appropriating sums for the public service of Canada based upon main or supplementary estimates; and
The question being put on the motion it was — Resolved in the affirmative. By a show of hands the division was as follows: YEAS: 4, NAYS: 2.
Senator Cools moved — That Bill S-34 be amended on page 1, by adding after line 17 the following:
``3.1. (1) The signification of Royal Assent by written declaration may be witnessed by more than one member from each House of Parliament.''
The question being put on the motion it was — Resolved in the negative. By a show of hands the division was as follows: YEAS: 3, NAYS: 6.
Senator Gauthier moved — That Bill S-34 be amended on page 1, by adding after line 17 the following:
``3.1. (1) Every member of Parliament has the right to be present when a bill receives royal assent.
The question being put on the motion it was — Resolved in the negative. By a show of hands the division was as follows: YEAS: 2, NAYS: 6.
Senator Kroft moved — That Bill S-34 be amended on page 1, by adding after line 17 the following:
``3.1 (4) Royal assent by written declaration must be signified in the presence of at least one member of the Senate and one member of the House of Commons.''
The question being put on the motion it was — Resolved in the negative.
It was moved by Senator Carstairs, P.C., — That clause 4 carry.
It was agreed, — That clause 4 carry.
It was moved by Senator Carstairs, P.C., — That clause 5 carry.
It was agreed, that further discussion on the motion be adjourned to the next meeting of the committee.
It was moved by Senator Lynch-Staunton, — That clause 6 carry.
It was agreed, that further discussion on the motion be adjourned to the next meeting of the committee.
It was agreed that further clause-by-clause consideration of Bill S-34 be adjourned until the next meeting of the committee.
At 1:29 p.m. the committee adjourned to the call of the Chair.
ATTEST:
Gary O'Brien
Clerk of the Committee