Ruling
March 31, 2015
Consideration in committee: motions of instruction; empowering a committee to expand the scope of a bill
Hon. Andrew Scheer
Speaker of the House
Ruling Text
The Speaker:
I thank all hon.
Members for their interventions on this point. I thank the hon.
Government House Leader for raising it.
As I read the motion of instruction, it does seem to me to be a permissive instruction; it is not a prescriptive instruction—that is, telling the Committee exactly how to accomplish the aims of it. Were the motion to be adopted, it would be up to the Committee to decide if it wished to exercise the powers given to it by the House and how it would do so.
What is clear to me is that, in widening the scope of the Bill, the Committee would still be limited by the other rules of admissibility in relation to amendments, including Standing Order 79.
[2]
Clearly in that regard, the Committee cannot adopt an amendment that violates the financial prerogatives of the Crown. However, it may well be that the Committee may find a way to accomplish the goals stated in the motion of instruction without infringing on the Royal Recommendation.
I do not believe the Chair should prejudge what steps the Committee may take. Even though the Government House Leader was making arguments about what public statements may have been made, I do not know that that would put the Chair in a position to rule this out of order just based on those statements alone. As I said, it may well be that the Committee would find other ways to accomplish what is set out in the motion without infringing on the Royal Recommendation.
For that reason, I believe the motion is in order, and I will allow it to proceed.
During debate on the motion, Peter Kent (Thornhill) moved that the debate be adjourned. That motion was adopted and no further consideration was given to the motion of instruction.
[3].
[1]
Debates, March 31, 2015, pp. 12571–6.
[2]
See Appendix A, "Cited Provisions:
Standing Orders of the House of Commons ", Standing Order 79.
[3]
Debates, March 31, 2015, pp. 12580–2.
Edit Metadata
Holding
"A motion of instruction that is permissive, rather than prescriptive, is in order, as the Chair should not prejudge a committee's ability to accomplish the motion's goals without violating the financial prerogatives of the Crown."
AI Summary
The Speaker ruled a permissive motion of instruction in order, stating the Chair should not prejudge a committee's ability to act within financial rules.
AI Analysis
- Outcome
- Denied
- Tone
- Educational
- Procedural Stage
- Government Orders
- Significance
Low
High