Point of Order
September 26, 1988
Right of a Minister not to answer a question
Hon. John Fraser
Speaker of the House
Ruling Text
The Speaker:
I know the honourable Member would want the Chair to make the rulings on procedure. It may well be that the question is out of order once a criminal prosecution has begun. The honourable Member quotes Beauchesne. It is, nonetheless, always within the prerogative of a Minister not to answer a question. If the Minister responds and says that in the opinion of the Crown, the Minister, or the Government, because of an investigation it would be inappropriate to answer, one can argue as to whether the Minister is right or wrong, but that is the position that the Minister has taken, and I cannot force the Minister to answer that question no matter what citations may exist in Beauchesne.
I only say this because, in view of the subject matter and the vigorous questioning, all honourable Members, and the public who are watching, should understand the procedural laws, of which I have to remind Members from time to time.
F0310-e 33-2 1988-09-26.
[1]
Debates, September 26, 1988, pp.
19617, 19622-3.
Edit Metadata
Holding
"The Chair cannot compel a Minister to answer a question, as it is the Minister's absolute prerogative to decline to answer."
AI Summary
The Speaker ruled that a Minister has an absolute prerogative not to answer a question and the Chair cannot compel a response.
AI Analysis
- Outcome
- Denied
- Tone
- Educational
- Procedural Stage
- Oral Questions
- Significance
Low
High