Proceedings of the Standing Senate Committee on
Privileges, Standing
Rules and Orders
Issue 6 - Third and Fourth Reports of the Committee
THURSDAY, February 19, 1998
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
THIRD REPORT
Section 59 of the Parliament of Canada Act, R.S.C. 1985, chap. P-1, as amended, provides as follows:
The Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.
Your committee recommends:
(a) that the Senate, pursuant to section 59 of the Parliament of Canada Act, make the Senate Sessional Allowance (Suspension) Regulations in the form attached;
(b) that section 1 of the Senate Sessional Allowance (Suspension) Regulations be adopted as Rule 137 of the Rules of the Senate; and
(c) that the Clerk be instructed to transmit copies in both official languages of the Senate Sessional Allowance (Suspension) Regulations to the Clerk of the Privy Council for registration and publication under the Statutory Instruments Act.
Respectfully submitted,
JUS-98-66-01 (SOR/DORS)
The Senate, pursuant to section 59 of the Parliament of Canada Act, hereby makes the annexed Senate Sessional Allowance (Suspension) Regulations.
JUS-98-66-01 (SOR/DORS)
SENATE SESSIONAL ALLOWANCE (SUSPENSION) REGULATIONS
GENERAL
1. Where the Senate suspends one of its members from the service of the Senate, in addition to any deductions that may be made under the Parliament of Canada Act, there shall be deducted from the member's sessional allowance an amount equal to the amount of the sessional allowance otherwise payable for the period of the suspension.
COMING INTO FORCE
2. These Regulations come into force on < >.
THURSDAY, February 19, 1998
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
FOURTH REPORT
Pursuant to its order of reference of December 16, 1997, your committee has considered the matter of Senator Andrew Thompson's continuing absence for the purposes of determining whether his absence constitutes a contempt of the Senate.
Your committee met on Tuesday, February 10, 1998, and presented its Second Report to the Senate on Wednesday, February 11, 1998, requesting an order of the Senate that he appear before the committee at its next scheduled meeting.
On February 11, 1998, the Senate adopted an order requiring Senator Thompson to appear before the Privileges, Standing Rules and Orders Committee on Wednesday, February 18, 1998, at 7:00 p.m. in Room 160-S.
On Thursday, February 12, 1998, the Senate adopted an order directing your committee to take into consideration the Senate debate of February 11, and its interim report, particularly with respect to the amendment that was moved; and that your committee be authorized to obtain further advice of legal counsel in the matter of the power of the Senate to expel, suspend or otherwise deprive Senator Thompson of his seat in the Senate, and the ability to withhold Senator Thompson's sessional indemnity and expense allowance, whatever his current status as a member of the Senate.
Your committee met at 7:00 p.m. on Wednesday, February 18, 1998. After careful consideration of all the facts, and of the legal and procedural advice that it has received, your committee recommends:
1. That the Honourable Senator Andrew Thompson be found in contempt;
2. That, since your committee finds Senator Thompson in contempt, he be suspended for the remainder of the session; and
3. That the matter of Senator Thompson's expense allowance, as provided in the Parliament of Canada Act, be referred to the Standing committee on Internal Economy, Budgets and Administration for immediate action.
Respectfully submitted,
SHIRLEY MAHEU
Chair