Proceedings of the Committee on 
Rules, Procedures and the Rights of Parliament

Issue 5 - Order of Reference

Extract from the Journals of the Senate, Tuesday, February 4, 2003:

``Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.:

That the documents entitled: ``Proposals to amend the Parliament of Canada Act (Ethics Commissioner) and other Acts as a consequence'' and ``Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken-Oliver Report'', tabled in the Senate on October 23, 2002, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament,

And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Losier-Cool, that the motion be amended by adding the following:

``That the Committee, in conjunction with this review, also take into consideration at the same time the code of conduct in use in the United Kingdom Parliament at Westminster, and consider rules that might embody standards appropriate for appointed members of a House of Parliament who can only be removed for cause; and

That the Committee make recommendations, if required, for the adoption and implementation of a code of conduct for Senators, and concerning such resources as may be needed to administer it, including consequential changes to statute law that may be appropriate.''.

After debate,

In amendment, the Honourable Senator Sparrow moved, seconded by the Honourable Senator Cools, that the motion in amendment be amended by adding the following:

``That the Committee, in conjunction with the review, also take into consideration the present Rules of the Senate, the Parliament of Canada Act, the Criminal Code of Canada, the Canadian Constitution, and the Common Law to determine after a full compilation and review of these provisions whether they do of themselves adequately serve to assure high ethical standards in the actions of Senators in performing their duties.''

The question being put on the sub-amendment, it was adopted.

The Senate resumed debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.,

And on the motion in amendment, as amended, of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Losier-Cool.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator Sparrow, that further debate on the motion in amendment, as amended, be adjourned until the next sitting.

The question being put on the motion, it was negatived on division.

The Senate resumed debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.,

And on the motion in amendment, as amended, of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Losier-Cool.

After debate,

The question being put on the motion in amendment, as amended, it was adopted.

The question was then put on the motion, as amended, of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.:

That the documents entitled: ``Proposals to amend the Parliament of Canada Act (Ethics Commissioner) and other Acts as a consequence'' and ``Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken-Oliver Report'', tabled in the Senate on October 23, 2002, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament;

That the Committee, in conjunction with this review, also take into consideration at the same time the code of conduct in use in the United Kingdom Parliament at Westminster, and consider rules that might embody standards appropriate for appointed members of a House of Parliament who can only be removed for cause;

That the Committee, in conjunction with the review, also take into consideration the present Rules of the Senate, the Parliament of Canada Act, the Criminal Code of Canada, the Canadian Constitution, and the Common Law to determine after a full compilation and review of these provisions whether they do of themselves adequately serve to assure high ethical standards in the actions of Senators in performing their duties, and

That the Committee make recommendations, if required, for the adoption and implementation of a code of conduct for Senators, and concerning such resources as may be needed to administer it, including consequential changes to statute law that may be appropriate.

The motion, as amended, was adopted.''

Paul C. Bélisle

Clerk of the Senate