Proceedings of the Standing Committee on
Rules, Procedures and the Rights of Parliament
Issue 3 - Minutes of Proceedings
OTTAWA, Tuesday, October 19, 2010
(11)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 10:05 a.m., in room 356-S, Centre Block.
Members of the committee present: The Honourable Senators Braley, Brown, Carignan, Carstairs, P.C., Cools, Duffy, Fraser, Greene, Joyal, P.C., McCoy, Ogilvie, Oliver, Peterson, and Wallace (14).
Other senators present: The Honourable Senators Angus and Tkachuk (2).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament.
The clerk informed the committee that the chair and deputy chair of the committee are unavoidably absent.
The Honourable Senator Wallace moved:
That the Honourable Senator Carignan be Acting Chair of the committee for this meeting.
The question being put on the motion, it was adopted.
At 10:10 a.m., in accordance with rule 92(2)(e), the committee considered a draft agenda (future business).
It was agreed that senators' staff be permitted to remain in the room.
At 11:37 a.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Tuesday, November 2, 2010
(12)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 9:34 a.m., in room 356-S, Centre Block, the deputy chair, the Honourable Terry Stratton, presiding.
Members of the committee present: The Honourable Senators Brown, Carstairs, P.C., Cools, Duffy, Fraser, Furey, Ogilvie, Seidman, Smith, P.C., Stratton and Wallace (11).
Other senators present: The Honourable Senators Eggleton, P.C., and Nancy Ruth (2).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament.
In accordance with rule 92(2)(e), the committee considered its business.
It was agreed that senators' staff be permitted to remain in the room.
At 10:46 a.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Tuesday, November 16, 2010
(13)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 9:36 a.m., in room 356-S, Centre Block, the chair, the Honourable David P. Smith, P.C., presiding.
Members of the committee present: The Honourable Senators Braley, Brown, Carignan, Cools, Duffy, Furey, Greene, Joyal, P.C., Ogilvie, Oliver, Smith, P.C., and Wallace (12).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament; Heather Lank, Principal Clerk, Committees Directorate.
In accordance with rule 92(2)(e), the committee considered its business.
It was agreed that senators' staff be permitted to remain in the room.
A point of order was raised concerning the committee's subcommittees and other matters.
At 10:54 a.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Tuesday, November 23, 2010
(14)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 9:35 a.m., in room 356-S, Centre Block, the chair, the Honourable David P. Smith, P.C., presiding.
Members of the committee present: The Honourable Senators Brown, Carignan, Carstairs, P.C., Cools, Furey, Greene, Munson, Ogilvie, Oliver, Smith, P.C., Stratton and Wallace (12).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament; Heather Lank, Principal Clerk, Committees Directorate.
In accordance with rule 92(2)(e), the committee considered its business.
It was agreed that senators' staff be permitted to remain in the room.
It was moved that:
The recommendation before the committee to reform the method of appointing and reporting replacements to Senate committees be approved, in principle, and that a report be brought back to the committee on the matter including the issues raised at this meeting.
The question being put on the motion, it was adopted.
CHAIR'S RULING:
At the last meeting a point of order was taken under advisement by the chair. The point of order dealt with the authority of our subcommittees to meet while the Senate is sitting. Concerns were also expressed about the authority of this committee to meet in camera when considering its agenda and whether staff should be asked to speak at our meetings.
The major issue was the authority of our subcommittees to meet while the Senate is sitting. This committee has established two subcommittees, the Steering Committee and the Subcommittee to Update the Rules of the Senate. It is normal practice in the Senate for subcommittees to meet while the Senate is sitting, if this is convenient for the subcommittee members. I have been a member of a number of steering committees that have held such meetings. This is acceptable despite rule 95(4), which prohibits select committees from meeting while the Senate meets, since rule 4 makes clear that subcommittees are not select committees. They do not report to the Senate, which is one of the basic attributes of a select committee. I see no basis, either in procedure or practice, to restrict this useful flexibility in scheduling subcommittee meetings, particularly those of an administrative nature that do not hear witnesses. In practice, we all know that such meetings are arranged so as to accommodate senators' schedules, including if a senator wishes to be in the Senate. If a member of the committee feels that this practice should be changed, it could of course be taken up as part of the committee's on-going work.
On the issue of the authority of the committee to meet in camera when considering its agenda, I would refer honourable senators to rule 92(2). This rule allows a committee to meet in camera when dealing with wages, salaries, employee benefits, contract negotiations, other labour relations, or other personnel matters; when considering a draft agenda; or when considering a draft report. At its organization meeting on March 16, this committee authorized the Steering Committee ``to make decisions on behalf of the committee with respect to its agenda, to invite witnesses and to schedule hearings.'' ``Making decisions on behalf of the committee with respect to its agenda'' clearly includes making decisions as to whether a meeting will begin in camera, provided that the requirements of rule 92(2) are met. This is normal practice in Senate committees. In this case, the committee is considering its draft agenda for how it will deal with its work in the future, so there is no doubt that we can meet in camera, as is normal practice Of course, any member can propose that the committee go in public. That motion can be debated and voted on. If adopted, the committee would then go into public. Similarly, if the committee wishes to guide the Steering Committee as to when committee meetings should be in public or in camera, the Steering Committee would follow that.
Finally, on the matter of whether staff should be asked to provide information or answer questions in committee, this is in keeping with general practice, in particular with practice during in camera meetings. Staff is not asked to debate or argue with senators, particularly when a matter is raised as one of order, but rather to provide insights and comments based on their experience with the issue under study. It is for the committee to make the decisions. If the committee decides, either by general agreement or majority decision, that it wishes to hear from one of our staff at a meeting, it can do so. There is no requirement, let me be clear, for unanimous consent to ask a member of staff to speak, as that would be contrary both to rule 96(1), which provides that decisions in committee are taken by the majority of members voting, and to normal practice.
The ruling is, therefore, that there is no point of order.
It was agreed that the text of the ruling be included in the minutes.
The committee continued considering its business.
At 10:55 a.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Tuesday, November 30, 2010
(15)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 9:37 a.m., in room 356-S, Centre Block, the chair, the Honourable David P. Smith, P.C., presiding.
Members of the committee present: The Honourable Senators Braley, Brown, Carignan, Carstairs, P.C., Cools, Fraser, Furey, Joyal, P.C., Mockler, Ogilvie, Oliver, Smith, P.C., Stratton and Wallace (14).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament; Heather Lank, Principal Clerk, Committees Directorate.
In accordance with rule 92(2)(e), the committee considered its business.
It was agreed that senators' staff be permitted to remain in the room.
At 10:01 a.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Tuesday, December 7, 2010
(16)
[English]
The Standing Committee on Rules, Procedures and the Rights of Parliament met this day, in camera, at 9:36 a.m., in room 356-S, Centre Block, the chair, the Honourable David P. Smith, P.C., presiding.
Members of the committee present: The Honourable Senators Braley, Brown, Carignan, Carstairs, P.C., Duffy, Furey, Ogilvie, Oliver, Smith, P.C., Stratton and Wallace (11).
In attendance: Sebastian Spano and Anna Gay, Analysts, Parliamentary Information and Research Service, Library of Parliament; Heather Lank, Principal Clerk, Committees Directorate.
In accordance with rule 92(2)(e), the committee considered its business.
It was agreed that senators' staff be permitted to remain in the room.
It was moved that a draft report concerning the Standing Joint Committees on the Printing of Parliament and the Restaurant of Parliament be adopted and that the chair be authorized to present the report in the Senate.
The question being put on the motion, it was adopted.
The committee continued considering its business.
At 10:12 a.m., the committee adjourned to the call of the chair.
ATTEST:
Charles Robert
Clerk of the Committee