I am now prepared to rule on the point of order raised yesterday, May 17, by the parliamentary secretary to the government House Leader regarding an amendment adopted by the Standing Committee of Foreign Affairs and International Development during the clause-by-clause consideration of Bill C-281, an act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.
The parliamentary secretary explained that the committee adopted an amendment to clause 2 of the bill that creates a new obligation on the minister to develop and maintain a government-wide international human rights strategy. According to the parliamentary secretary, this amendment proposes a new concept that exceeds the scope of the bill as adopted at second reading. The parliamentary secretary argued that, for this reason, the amendment in question should be struck from the bill as reported by the committee.
When this amendment was proposed at the Standing Committee on Foreign Affairs and International Development, the committee chair ruled the amendment inadmissible on the grounds that it was beyond the scope of the bill. The decision was challenged and overturned. The committee then debated the amendment and adopted it.
When considering legislation, the House and its committees are guided by specific procedural rules that have been long established. In relation to the scope of a bill, House of Commons Procedure and Practice, third edition, states the following on page 770:
An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.
Bill C-281 does amend several acts, and it does create certain new obligations on the minister in relation to human rights. However, after a close reading of the bill, the new responsibilities for the minister are limited to specific areas, including communicating with families of prisoners of conscience and producing formal responses to House and Senate committees.
After careful consideration, it is the opinion of the Chair that the amendment creates a new obligation requiring the designated minister to develop and maintain a government-wide international human rights strategy. The Chair of the committee correctly concluded that the amendment is beyond the scope of the bill, as it introduced a new concept not envisioned in the bill when it was adopted by the House at second reading.
When a committee considers a bill at clause-by-clause, the committee chair must ensure that the proceedings on the bill conform to the procedural rules governing the consideration of amendments to bills. This includes ensuring that the committee’s review of the bill falls within the scope and principle as established by the House at second reading.
When a committee fails to adhere to the will of the House as it pertains to bills, it oversteps its authority, as delegated to the committee by the House. Speaker Milliken said it well when, on May 11, 2010, at page 2650 of the Debates, he explained:
As has been frequently noted, the Speaker’s involvement in committee matters is limited except in cases where a committee has exceeded its authority. The adoption of amendments that are beyond the scope of a bill is such a case....
While some members may be of the opinion that a different bill, perhaps broader in scope, ought to have been introduced, I must base my decision on the bill that actually was introduced and approved by the House at second reading.
As such, the Chair rules the amendment adopted by the Standing Committee on Foreign Affairs and International Development null and void and orders that it no longer form part of the bill as reported by the committee. The Chair also orders a reprint of the bill at the earliest opportunity for use by the House in its consideration of subsequent stages of the bill. However, given that the House is scheduled to consider Bill C-281 at report stage later this day, so as not to disrupt the business currently before the House, report stage will proceed based on the version of the bill as reported back from committee, with the understanding that when the bill will be reprinted, the text of the inadmissible amendment in question, at clause 2, will not be included.
I thank members for their attention.