Internal Economy, Budgets and Administration
Thirty-eighth Report of Committee--Debate
April 30, 2019
Moved the adoption of the report.
He said: Honourable senators, on December 6, 2018, the Senate requested that CIBA recommend a process by which the Senate could submit to the Governor-in-Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments.
The committee considered this matter and has recommended that the members of the steering committee of CIBA, in collaboration with the Speaker of the Senate, conduct a selection process, with the assistance of an executive firm, following which the name of one candidate or a list of candidates is submitted by the Senate to the Governor-in-Council for consideration. Thank you.
Will the honourable senator accept a question?
Senator Marwah, will you take a question?
Yes.
Senator Marwah, I have a couple of questions. As you indicated in your eloquent speech, the employment of the Clerk of the Senate is governed by legislation. The relevant legislation, as senators will know, is section 130 of the Public Service Employment Act, which provides for the appointment of the Clerk made by the Governor-in-Council, and Governor-in-Council appointments are made by the Governor General on the advice of the Queen’s Privy Council, which the senator will know is cabinet. Under the Interpretation Act, the Governor-in-Council has other rights with respect to the appointment of said personnel, including termination.
My question is whether the committee sought legal opinions on this proposal, given that the proposal raises serious legal issues?
Thank you, senator, for the question. The issue was raised whether we should call witnesses such as members of the Privy Council or, in fact, the previous Clerk of the Senate or get legal opinions in that regard. But it was the will of the committee not to do so.
I have a second question.
In response to your answer and given the importance of this issue, I will seek to have a legal opinion and provide that to the Senate when I speak to the motion.
Again, as you related, this is a position that doesn’t only affect the Senate but also as Clerk of the Parliaments speaks to the role in relationship to the other chamber. Again, I wonder if the Senate committee conducted any consultation with respect to the work of the Clerk of the Senate’s role as Clerk of the Parliaments and in consultation with others outside of the Senate on this matter.
Thank you, senator, for that question.
As I mentioned, it was the will of the committee not to hear witnesses whether from the Privy Council or the previous Clerk of the Senate or seek legal advice. We felt the issue would be debated in this chamber when I’m sure all those issues would be brought to bear or brought forward for the advice of all the senators.
Thank you.
Thank you, honourable colleagues.
I’m pleased to rise on this motion which I moved and seconded with the cooperation of Senator Saint-Germain.
I moved this motion in the spirit of independence of the Senate, and clearly not necessarily the independence as viewed by the current Prime Minister, but the innate independence which, of course, this chamber has. We have that independence by virtue of the fact that we’re appointed to this chamber until the age of 75, and we have the independence as legislators to do as we think is fit on behalf of the regions and the constituencies that we represent.
The Clerk of the Senate and the Clerk of the Parliaments is an individual, of course, which gives advice as the chief Clerk of this institution, to the Speaker and to the leadership and all senators. Of course the tradition has been by legislation and the Parliament of Canada Act that it is an order-in-council, and it has been the tradition in this place that the Clerk is appointed on the advice and decision of Privy Council and the Prime Minister —
I am sorry to interrupt you, Senator Housakos, but it being six o’clock, pursuant to rule 3-3(1), I’m required to leave the chair until eight o’clock, unless there is unanimous consent that we not see the clock. Is it agreed, honourable senators, that we not see the clock?
I hear a “no,” so we will reconvene at 8 p.m.
