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Statement October 20, 2005

Oral Questions: Member's conflict of interest

Hon. Peter Milliken

Hon. Peter Milliken

Speaker of the House

Ruling Text

The Speaker: I thank the hon. House Leader for the Opposition and the Parliamentary Secretary to the Leader of the Government for their interventions on this matter. I was going to say something on the issue anyway before the issue was raised. I will say it now. Yesterday during Question Period, this matter was alluded to in a question by the hon. Member for Toronto–Danforth. The Government House Leader replied, as indicated in the comments earlier, that the hon. Member had asked the Ethics Commissioner "to look into this matter" and asked for Members to refrain from referring to the case until the work had been completed. Later in Question Period, the Chair reminded Members of section 27(5) of the Ethics Code in Appendix 1 of the Standing Orders that enjoins Members from referring to an inquiry being conducted under that section. I now understand that a request made by an hon. Member to the Ethics Commissioner to clarify his obligations under the Code is mandated under section 26 of the Code, which governs opinions sought from the Commissioner. Accordingly, I wish to clarify that there is no specific rule proscribing Members from raising this matter in the House. However, I urge them to be judicious in their language and the phrasing of any such reference. I remind them that the questions that are asked about this must deal with Government business and Government responsibilities, and not the responsibilities of the hon. Member under the Code. He cannot be questioned on this matter in the House during Question Period because questions must be directed to Ministers and must deal with matters of ministerial Government responsibility. I know that all hon. Members would want to avoid a situation where, in the heat of the moment, they would find themselves contravening Standing Order 18 which specifically prohibits the use of offensive words and I quote: —against either House, or against any Member thereof. I think that will deal with the matter. We could now move on to Orders of the Day.. [1] Debates, October 19, 2005, p. 8726.
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AI Summary

The Speaker clarifies that Members may discuss matters where an opinion is sought from the Ethics Commissioner, provided questions are directed at ministerial responsibility and language remains parliamentary.

AI Analysis

Holding
"Members are not prohibited from raising a matter in the House where another Member has sought an opinion from the Ethics Commissioner under section 26 of the Code, but questions must be directed to Ministers about government responsibility and must not contain offensive words."
Outcome
Other
Tone
Educational
Procedural Stage
Routine Proceedings
Significance
Low High

Cited Authorities