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Ruling May 27, 2003

Appeal of the Chair's ruling

Hon. Peter Milliken

Hon. Peter Milliken

Speaker of the House

Ruling Text

The Speaker: I am now prepared to rule on the appeal of the Chair's decision taken earlier this evening in the Committee of the Whole. The issue before us is whether the motion moved by the hon. Member for Crowfoot is subject to debate when the hon. Member for Delta–South Richmond has asked that the Committee proceed immediately to vote on that motion. Standing Order 101(1) states: The Standing Orders of the House shall be observed in Committees of the Whole so far as may be applicable, except the Standing Orders as to the seconding of motions, limiting the number of times of speaking and the length of speeches. These are the only exceptions, nor can your Speaker find any provision that would suggest proceeding differently either in the Special Order adopted earlier today to govern this debate or in the terms of Standing Order 81(4) under which this debate is being held. Similarly, Marleau and Montpetit at page 779 states clearly: When an amendment is moved, debate must proceed on the amendment until it is disposed of. In this case, the Committee of the Whole is meeting pursuant to Standing Order 81(4)( a ) to consider the Main Estimates under Justice. The hon. Member for Crowfoot has proposed a motion to reduce Vote 1 for the Department of Justice by $100 million. That motion is indeed debatable. Accordingly, the ruling of the Chair of the Committee of the Whole is sustained. I do now leave the Chair so the debate in Committee of the Whole may resume. Postscript After the Speaker delivered his ruling, Mr. Cummins rose on a point of order to ask for clarification. The Speaker responded by explaining that the situation in Committees of the Whole is different from that in Standing Committees in which a vote is taken to decide an appeal to the ruling of the Chair. In contrast, in Committees of the Whole, an appeal to the ruling of the Chair is made to the Speaker. Referring to House of Commons Procedure and Practice, 2000, he explained that: "As with all Speaker's rulings, after it has been delivered by the Speaker, there is no appeal and no discussion is allowed." He continued to say that "since the Committee had not risen and reported progress, as soon as the appeal proceedings are completed, the Speaker leaves the Chair, the mace is removed from the Table and the Committee of the Whole resumes its deliberations." [3]. [1] Debates, May 27, 2003, pp. 6590-3. [2] Debates, May 27, 2003, p. 6592. [3] Debates, May 27, 2003, p. 6593.
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AI Summary

The Speaker sustained a Chair's ruling, confirming that motions to reduce government estimates in a Committee of the Whole are debatable.

AI Analysis

Holding
"A motion to reduce a vote on the Main Estimates in a Committee of the Whole is debatable, and the committee cannot proceed immediately to a vote simply upon request."
Outcome
Sustained
Tone
Educational
Procedural Stage
Committee of the Whole (Business of Supply)
Significance
Low High