Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
(Unrevised)
2nd Session, 40th Parliament
Issue 38 - Appendix
Wednesday, May 27, 2009
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
Wednesday, May 27, 2009
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
FIFTH REPORT
Pursuant to Rule 86(1)(f)(i), your committee is pleased to report as follows:
1. During the Thirty-ninth Parliament, the Senate Committee on Conflict of Interest for Senators undertook a comprehensive review of the provisions and operation of the Conflict of Interest Code for Senators. The Fourth Report of the committee, presented to the Senate on May 28, 2008, and adopted the next day, made various amendments to the code.
2. In its Fourth Report, the committee noted that consequential amendments and adjustments will have to be made to the Rules of the Senate and recommended to your committee to undertake a review of the Rules for this purpose. The incorporation within the Rules of these elements of the code is necessary in order to permit points of order to be raised and to allow the Speaker to decide upon them. Indeed, rule 18(2.1) limits the authority of the Speaker with respect to the code on matters expressly incorporated within the Rules.
3. After reviewing the amendments made to the code, and examining the issue, your committee believes that the following amendments should be made to the Rules:
With respect to declarations of private interests, your committee proposes that rules 32.1(1) and (3) be amended in order to mirror section 12 of the code in this regard. Consequently, declarations, and retractions thereof, made in the Senate will be recorded in the Journals of the Senate by the Speaker. If made in committee, the declarations, and retractions thereof, will be recorded in the minutes of proceedings of the committee and the Clerk of the Senate will record them in the Journals of the Senate. With regard to a declaration or a retraction made at an in camera meeting of a committee, proposed rule 32.1(3) specifies that the declaration or retraction will be valid only for the meeting at which it is made unless it has been published in the minutes of proceedings in accordance with the code.
Sections 13 and 14 of the code provide, inter alia, that a senator who has made an un-retracted declaration of private interest on a matter shall withdraw from the committee meetings on that matter and shall not participate in debate or vote on that matter in the Senate, but may abstain. Proposed rules 32.1(2)(a) and (b) would embody these principles within the Rules.
Rule 65(4) prohibits a senator from voting in any question in which he or she has a pecuniary interest not available to the general public. As indicated above, your committee proposes that the rules in this respect be now found in rule 32.1(2). Your committee believes that the Speaker should announce the names of senators present who have made and not retracted a declaration of private interest on the matter, and their names shall not be called during the vote, except to abstain. The chair of a committee should do the same before recoded votes. Therefore, your committee suggests that rule 65(4) be replaced accordingly.
4. These proposed amendments lead to a number of consequential changes to rules 91(1) and 94.
Your committee recommends that the Rules of the Senate be amended as follows:
(1) That rule 32.1 be replaced by the following:
Declaration of interest
32.1(1) When a Senator makes a declaration of private interest pursuant to the Conflict of Interest Code for Senators, or retracts such a declaration:
(a) if made in the Senate, the Speaker shall cause the declaration or retraction to be recorded in the Journals of the Senate;
(b) if made in committee and the code allows the declaration or retraction to be published in the Minutes of Proceedings of the committee, the Clerk of the Senate shall cause the declaration or retraction to be recorded in the Journals of the Senate.
Restrictions
(2) Subject to section (3), when a Senator has made a declaration of private interest on a matter, the declaration, until retracted, shall be valid for all subsequent proceedings on the matter, whether in the Senate or in committee, and the Senator:
(a) shall not participate in debate or vote on that matter in the Senate, but may abstain; and
(b) shall withdraw from committee meetings during any proceedings on that matter.
Exception
(3) If a declaration of private interest, or a retraction of such a declaration, is made in committee, but cannot be published in the Minutes of Proceedings under the code, the declaration or retraction is only valid for the meeting at which it was made. Unless authorization under the code to publish the declaration or retraction is subsequently given, the Senator shall repeat the declaration or retraction at the first possible opportunity.
(2) That section (4) of rule 65 be replaced by the following:
Announcement before vote
(4) Before any standing vote in the Senate, the Speaker shall announce the names of any Senators present who have made and not retracted a declaration of private interest on the matter, and their names shall not be called during the vote, except to abstain. The chair of a committee shall do the same before any recorded vote in committee.
(3) That section (1) of rule 91 be replaced by the following:
Participation by non-members
(1) Except as provided in section (2) below and in rule 32.1(2), a Senator though not a member of a committee may attend and participate in its deliberations but shall not vote.
(4) That sections (1) and (2) of rule 94 be replaced by the following:
Sponsoring Senator
94. Subject to rule 32.1(2), a Senator on whose motion any bill, petition or other matter is referred to a special committee may, if the Senator so desires, be a member of the committee.
Respectfully submitted,
DONALD H. OLIVER
Chair