2nd Session, 41st Parliament

Issue 87 - Appendix

Tuesday, October 21, 2014
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

Tuesday, October 21, 2014

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its

SIXTH REPORT

Pursuant to rule 12-7(2)(a), your committee reports as follows:

On April 1 and June 16, 2014, the Senate adopted respectively the third and fifth reports of the Standing Committee on Conflict of Interest for Senators, which resulted in amendments to the Conflict of Interest Code for Senators, which has been renamed the Ethics and Conflict of Interest Code for Senators. The third and fifth reports of the Standing Committee on Conflict of Interest for Senators noted that consequential amendments to the Rules of the Senate would be required as a result of these amendments to the Code. The Standing Committee on Conflict of Interest for Senators therefore recommended that your committee undertake a study with the view to recommend the appropriate consequential amendments to the Rules of the Senate.

Your committee has therefore reviewed the Rules of the Senate in light of the new Ethics and Conflict of Interest Code for Senators, and now recommends that the Rules of the Senate be amended by:

1. replacing the words "Conflict of Interest Code for Senators'' by the words "Ethics and Conflict of Interest Code for Senators'' wherever they appear in the Rules, including in the lists of exceptions and references;

2. replacing the words "Standing Committee on Conflict of Interest for Senators'' by the words "Standing Committee on Ethics and Conflict of Interest for Senators'' wherever they appear in the Rules, including in the lists of exceptions and references;

3. replacing the reference to the Code after rule 6-12(1) by a reference to subsection 51(2);

4. replacing current rule 9-7(1) with the following:

"Procedure for a standing vote

9-7. (1) At the end of the time provided for the ringing of the bells, the Speaker shall:

(a) announce the names of Senators present who have made and not retracted a declaration of private interest in the matter, and whose names shall not be called except to abstain;

(b) inform the Senate, if applicable, that a Senator who is the subject of a report of the Standing Committee on Ethics and Conflict of Interest for Senators shall not vote on any motion relating to the report, and that Senator's name shall not be called; and

(c) then ask the "yeas'' to rise for their names to be called, followed by the "nays'' and then any abstentions.'';

5. replacing the marginal note for rule 12-7(16) by "Ethics and Conflict of Interest for Senators'';

6. replacing the marginal note for rule 12-27(2) by "Quorum of Committee'';

7. replacing current rule 12-28 with the following:

"In camera meetings

12-28. (1) Meetings of the committee shall be in camera unless the committee accepts the request of the Senator who is the subject of an inquiry report from the Senate Ethics Officer that the meeting be in public.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsections 36(1) and (2)

Participation of non-members

12-28. (2) When the committee is meeting in camera, only members of the committee or, by decision of the committee, a Senator who is the subject of an inquiry report may attend and participate in deliberations.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsections 36(3) and (4)'';

8. replacing current rule 12-30(1) with the following:

"Motion deemed made

12-30. (1) A motion to adopt a report of the committee concerning a Senator shall be deemed moved on the fifth sitting day following its presentation, if the motion is not moved earlier.'';

9. deleting the references to the code after current rules 12-30(2) and (3);

10. adding the following new rules 12-30(3) and (4) immediately after current rule 12-30(2):

"Referral back to the committee

12-30. (3) For greater certainty, the Senate may refer a report of the committee back to the committee for further consideration.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(4)

Former senator

12-30. (4) If a report of the committee deals with the conduct of a former Senator, he or she shall be invited to speak to the report as a witness before a Committee of the Whole.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(3)'';

11. renumbering current rule 12-30(3) as rule 12-30(5);

12. adding the following new rule 12-30(6) immediately after current rule 12-30(3):

"Voting

12-30. (6) A Senator who is the subject of a report of the committee shall not vote on any motion relating to the report.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(5)'';

13. renumbering current rule 12-30(4) as rule 12-30(7); and

14. updating all cross references in the Rules, including the lists of exceptions, accordingly.

Respectfully submitted,

VERNON WHITE

Chair