I want to rise on a Point of Order, if I could, Your Honour. I do this with a great deal of trepidation. In seven years, I have not done something like this, and I want to say, Your Honour, it is with some reluctance as I have the highest regard for Your Honour. However, I think this is something I need to do.

Your Honour, since its beginning, the Senate has operated on the foundation of legislation, rules and convention. All have played a role in the evolution and effective running of this institution. In accordance with the rules, as stipulated in the Senate Procedure in Practice, as well as long-standing convention, Senator Munson and I, as the two whips in the Senate, agreed last week to a seating plan, which accounted for the seating of the Conservative senators and the Senate Liberals, as well as all of the independents.

This seating plan, again, according to the rule, precedent and tradition, was submitted to the Usher of the Black Rod to be implemented forthwith. It should be noted that, in accordance with convention and tradition, Senator Munson and I had seated the independents according to precedence, which is based on seniority, with the exception, of course, for logistical accommodations made for Senator Petitclerc, as well as for Senator Lankin as a member of the Privy Council. We did not, however, form imaginary caucuses based on date of appointment.

After our submission, the Speaker of the Senate intervened with respect to the seating of the newly appointed independents and seated them as a caucus. This consideration, I should note, was not afforded to any of the other independent senators, even though all new appointees are as independent as the other independent senators in this chamber. When I asked the Usher of the Black Rod why the seating arrangement had been changed from the seating plan that Senator Munson and I had submitted to him, he said that he had been led to believe by the Speaker's office that a consensus had been reached between the Speaker and the whips, and, as you know, Your Honour, that, of course, was not the case.

For reference, the rule is found in the Senate Procedure in Practice, under "The Leadership and Political Structures," and it reads as follows:

Finally, the whips determine where members of their respective parties will sit in the chamber and communicate any changes to the Usher of the Black Rod, who adjusts the seating plan accordingly.

As this provision is found in the Senate Procedure in Practice, rather than the Rules of the Senate, I refer the chamber to rule 1- 1(2) of the Rules of the Senate, which states:

In any case not provided for in these Rules, the practices of the Senate, its committees and the House of Commons shall be followed, with such modifications as the circumstances require.

Colleagues and Your Honour, not only is this rule implicit in the Senate Procedure in Practice, but the application section of theRules of the Senate is explicitly clear in affirming that, when any case is not provided for in the rules, the practice of the Senate must be followed. The Senate is based on a system of rules and convention, and, Your Honour, when you change a convention, you are starting in essence a new convention. So I'm wondering if it is the Speaker's intention to start any new conventions. I believe that this chamber should be notified if that is the case.

If it is a new convention that the newly appointed senators will be seated at a higher precedence than other independent senators with more seniority and that the seating of independents in the chamber will be unilaterally arranged by the Speaker, that intention should be communicated and explained to this chamber and allowed to be debate.

As it stands, this action is outside of the Rules and convention of this chamber, and, for that reason, I ask that the seating chart submitted by Senator Munson and myself be implemented forthwith, with the independent senators seated in the order of precedence and seniority, and that the Speaker, with all respect, not interfere in issues that are there for the entire Senate to decide.