senators’ statements — Point of Order

Speaker’s Ruling

December 9, 2020


The Hon. the Speaker
[14:13]

Sorry, senator. I saw a senator rising on a point of order.

Hon. Leo Housakos
[14:13]

Your Honour, as most colleagues should be well aware, during Statements we should not be referring to chamber business, committee business or any legislative business that affect this chamber, and I believe this is what Senator Deacon is doing.

The Hon. the Speaker
[14:13]

Senator Deacon, did you hear the point of order raised by Senator Housakos?

[14:14]

That I’m not allowed to speak about work we’ve done in the chamber?

The Hon. the Speaker
[14:14]

Did any other senator wish to comment?

Hon. Lucie Moncion
[14:14]

Pursuant to rule 4-11(3) of the Rules of the Senate, points of order should not be raised during Routine Proceedings. I therefore wonder whether this point of order is valid.

The Hon. the Speaker
[14:14]

You are correct, Senator Moncion, that points of order and questions of privilege cannot be raised during Routine Proceedings. However, they can be raised during Senators’ Statements, which precede Routine Proceedings.

[14:15]

I look to your advice, Your Honour, on how to proceed. I would like to speak about the report of the Standing Senate Committee on Banking, Trade and Commerce.

Hon. Yonah Martin (Deputy Leader of the Opposition)
[14:15]

Your Honour, did you say you’re welcoming more comments on the point of order?

The Hon. the Speaker
[14:15]

Yes, Senator Martin.

Senator Martin
[14:15]

The only thing I would raise is that Senator Deacon began his statement referring to something that happened in the chamber. If he has issues with orders that are happening here, he could raise a question of privilege or a point of order, but to do it in a Senator’s Statement is something that I have not yet seen.

Hon. Pat Duncan
[14:16]

Your Honour?

The Hon. the Speaker
[14:16]

I thought I called on Senator Duncan but I don’t hear her.

Senator Duncan
[14:16]

Further to the point of order, is it not a requirement or a necessity that in referencing a point of order, that there should also be a reference to the rule or item that the member raising the point of order wishes to address or reflect upon? I didn’t hear a reference to a particular section in our rules or procedures that Senator Housakos was referencing. I would appreciate that clarification with regard to points of order.

The Hon. the Speaker
[14:16]

I believe that Senator Housakos is referring to rule 4-2(5)(a), which clearly states:

During Senators’ Statements, Senators may, without notice, raise matters that they believe should be brought to the immediate attention of the Senate.

Rule 4-2(5)(b) states:

Statements should not relate to an order of the day but should relate to matters of public interest that could not otherwise be brought to the immediate attention of the Senate under its Rules and practices.

So Senator Deacon, did you wish to proceed?