There is as little sense of reality in
appointing a committee of sixty members as there is in having a Committee of the
Whole of 265: it is hopeless to expect a committee of such size to accomplish
any useful work.
W.F. Dawson
(Procedure in the Canadian House of Commons, p. 209)
A
Committee of the Whole is the entire
membership of the House of Commons sitting as a
committee. [1]
Each time
the House resolves itself into a Committee of the Whole to deliberate on a
specific matter, a new committee is created. Once that committee has completed
its business, it ceases to exist. Over the span of a session, many Committees of
the Whole can be created on an ad hoc basis.
A meeting of a Committee of the Whole is
held in the Chamber itself and presided over by the Deputy Speaker, as Chairman
of Committees of the Whole, or by the Deputy
Chairman [2]
or Assistant Deputy Chairman of Committees of the Whole. Whoever is presiding sits
at the Table, in the Clerk’s chair, while the Speaker’s chair
remains vacant; the Mace is removed from the top of the Table to signal that the
House itself is no longer in session. The Mace rests on the lower brackets at
the end of the Table during the entire time that the House sits as a Committee
of the Whole.
“The function of a Committee of the
Whole is deliberation, not
enquiry”. [3]
Unlike standing committees which have the authority to initiate studies of
continuing concern to the House, a Committee of the Whole may only consider
questions and bills which the House decides should be dealt with in that forum.
At one time, the House sat frequently as a Committee of the Whole to examine the
Estimates, [4]
appropriation bills [5]
and all taxation
bills [6] at the
committee stage. In addition, most bills that had received a second reading were
referred to a Committee of the Whole for consideration and review. Today,
although the Standing Orders still provide for a Committee of the Whole to
examine appropriation
bills [7]
and, from time
to time, by special order or unanimous consent, other bills which are referred
to a Committee of the Whole for consideration, the House spends little time
sitting as a Committee of the
Whole. [8]
Indeed, the
expeditious passage of legislation is now the predominant reason for the House
resolving into a Committee of the
Whole. [9]
Since the membership of a Committee of the
Whole is identical to that of the House, one might expect the rules in both
forums to be the same. While there are similarities, the rules in a Committee of
the Whole are less formal than those which apply when the House is in session
and the Speaker is in the Chair. For example, Members may speak more than once
on any item. [10]
This
chapter will examine the role of Committees of the Whole and discuss the rules
and practices pertaining to proceedings in a Committee of the Whole.
Historical Perspective
Great Britain
In the British Parliament, two sorts of
committees began to evolve in the sixteenth century: small committees composed
of no more than 15 members known as “select committees”, and large
committees whose membership numbered between 30 and 40 called “standing
committees”. Bills were often considered in detail in select committees
and only members appointed to these committees were allowed to participate. In
contrast, it became common in standing committees to allow whoever attended to
speak. These standing committees eventually evolved into “general”
or “grand” committees comprising as many members as the House
itself. During the reigns of James I (1603-25) and Charles I (1625-49), they
became known as Committees of the
Whole. [11]
These committees were established as forums for discussing bills of great interest
(such as bills to impose a tax or constitutional questions prevalent during the
Parliaments of the Stuarts) and provided members the opportunity to speak to a
question as often as they
wanted. [12]
A further
reason for considering bills in this forum was the greater freedom of debate
secured by the removal of the “constraining presence of the Speaker, who
was at this period expected to look after the interests of the
King”. [13]
By the beginning of the eighteenth century, it had become common to refer all bills
to grand committees for detailed discussion following second
reading. [14]
This development proved to be an efficient method of discussing matters of detail
and, in the latter half of the century, for the House to establish its control
over financial matters. [15]
Canada
In Canada, the colonial legislatures
generally modelled their procedures on those of the British House. The
Assemblies of Upper Canada and Lower Canada adopted, in 1792, the British
practice of resolving into a Committee of the Whole to consider legislation, or
procedural and constitutional matters. Nonetheless, the Upper Canada Assembly
made wider use of its select committee system than Great Britain at the time and
many bills were referred to select committees after second
reading. [16]
Beginning in 1817 in Lower Canada, four committees whose membership was composed of all
Members were appointed at the commencement of each session and were directed by
the Assembly to sit on certain days in each week. They were called the Grand
Committees for grievances, courts of justice, agriculture and commerce. In 1840,
after the union of Upper and Lower Canada, most of the parliamentary rules that
had been in place in Lower Canada were
adopted, [17]
and the Legislative Assembly of the Province of Canada continued to do a significant
part of its business in Committees of the
Whole. [18]
At Confederation in 1867, the House of
Commons adopted the rules of the former Legislative Assembly of the Province of
Canada, including the procedures and practices pertaining to Committees of the
Whole. [19]
Thus, all
matters affecting trade, taxation or the public revenue had to be first
considered in a Committee of the Whole House before any resolution or bill could
be passed by the House of
Commons. [20]
Addresses to the Crown were also frequently founded on resolutions first considered in a
Committee of the
Whole. [21]
From 1867 to 1968, there were three types
of committees composed of the membership of the whole House: the Committee of
Supply, the Committee of Ways and Means and Committees of the Whole House. The
Committee of Supply would debate each request for Supply (Interim Supply, Main
Estimates and Supplementary Estimates), item by
item. [22]
When that Committee recommended to the House that the Supply requested be granted, and the
House had concurred, the Members went into the Committee of Ways and
Means. [23]
The Committee of Ways and Means would subsequently consider resolutions to authorize
the expenditures from the Consolidated Revenue
Fund; [24]
once the
resolutions were reported from the Committee of Ways and Means, and concurred in
by the House, an appropriation bill based on the resolutions would then be
introduced in the
House. [25]
The Committee of Ways and Means would also give preliminary authorization to
taxation proposals outlined in the Minister of Finance’s
budget. [26]
A Committee of the Whole would routinely debate resolutions preceding bills
involving the expenditure of public
monies. [27]
It would
only debate the advisability of the measure proposed since the details of the
bill would not yet be known. Debate could be very lengthy. After the resolution
was approved, the House would proceed with the introduction and first reading of
the bill. [28]
A Committee of the Whole would also consider in detail most bills after second
reading, [29]
and other
matters such as reports from committees appointed to review House rules and
procedures, [30]
and resolutions concerning international treaties and
conventions. [31]
Few government bills (typically non-contentious ones) were sent to standing or
special committees for consideration. At that time, the work of standing and
special committees was investigative, not legislative. Standing committees were
not given the power to adopt clauses of the bill. After a standing or special
committee had made its report, the proposed text of the bill had to be
reconsidered again, clause by clause, in a Committee of the Whole. It was the
Committee of the Whole’s report that the House concurred in at report
stage. [32]
Only minor changes to Committee of the
Whole proceedings were made during the first hundred years of Confederation. In
1910, the House adopted rules codifying the requirement for relevance during
debate in a Committee of the Whole and empowered the Chairman of Committees of
the Whole House to direct a Member who persisted in irrelevance or repetition to
discontinue his or her speech, the rule being copied verbatim from the British
House of Commons’
rules. [33]
In 1955, the House adopted a committee report recommending restrictions on the length of
debate in a Committee of the Whole and on the motion for the House to resolve
into Committee of
Supply. [34]
In October 1964, rules were adopted pertaining to the limitation of debate on a resolution
preceding bills involving the expenditure of public monies, and to the
rearrangement of the order of consideration of a bill in a Committee of the
Whole. [35]
In 1968, a special committee appointed to
revise the rules of the
House [36]
criticized,
among other things, the study of legislation in a Committee of the Whole. It
argued such studies were too cumbersome and inefficient to handle the increased
volume and complexity of legislation and public spending. The special committee
recommended the elimination of the preliminary resolution stage in a Committee
of the Whole for taxation bills, and the reference of all bills, except those
based on Supply and Ways and Means motions, to standing committees, where the
clauses could be meticulously examined. It also recommended that bills referred
to standing committees not be reconsidered in a Committee of the Whole, that
bills considered in a Committee of the Whole not be debatable at report stage,
and that all speeches in that forum be limited to 20
minutes. [37]
The House subsequently adopted new Standing Orders which implemented these
recommendations. [38]
In 1975, provisional amendments were made
to the Standing Orders concerning Supply proceedings whereby selected items in
the Estimates could be withdrawn from standing committees and examined in a
Committee of the
Whole. [39]
This provisional Standing Order was continued for the following session through
agreement, [40] but was
not renewed thereafter. Changes to Committee of the Whole procedures occurred
again in 1985 when the House amended its Standing Orders provisionally to
reflect a recommendation made by the Special Committee on the Reform of the
House of Commons. The Committee recommended that bills based on Ways and Means
motions be referred to legislative committees, established specifically to
examine bills in detail, rather than a Committee of the Whole. Only bills based
on a Supply motion to concur in Estimates or Interim Supply would be referred to
a Committee of the
Whole. [41]
This change was adopted permanently in
1987. [42]
Today, any
public bill, except one based on such a Supply motion, stands referred to either
a standing, special or legislative
committee. [43]
Presiding Officers
A Committee of the Whole is not chaired by
the Speaker. Instead, it is chaired by the Chairman of Committees of the Whole.
In his or her absence, the Chair is taken by the Deputy Chairman of Committees
of the Whole, or the Assistant Deputy Chairman of Committees of the Whole;
alternatively, the Speaker may call upon any Member to chair the proceedings in
a Committee of the Whole. [44]
Selection
At the beginning of each Parliament, the
House selects from among its Members a Chairman of Committees of the Whole who
also acts as Deputy Speaker in the absence of the
Speaker. [45]
The selection of the Chairman of Committees of the Whole proceeds as follows: a
Member, usually the Prime Minister, moves that a particular Member of the House
be selected Chairman of Committees of the Whole, the Member proposed usually
coming from the government side of the
House. [46]
The motion
is moved following the Speaker’s report to the House on the Speech from
the Throne and is often agreed to without discussion or
dissent. [47] The
Member selected acts in that capacity until the end of the Parliament, unless a
vacancy arises during the course of the Parliament, at which time a successor is
chosen. [48]
A Deputy
Chairman and an Assistant Deputy Chairman may also be selected in the same
manner as the Chairman, except that their terms of office are effective only for
the session in which they are
chosen. [49]
Authority
The Standing Orders empower the Chairman of
Committees of the Whole to maintain order and decorum in the Committee just as
the Speaker does in the House and to decide questions of
order. [50]
However,
the Chairman does not possess the authority to name a Member and order him or
her to withdraw from the Chamber for the remainder of the day. That power can
only be exercised by the Speaker in the House upon receiving a report from the
Chairman of Committees of the
Whole. [51]
Both the
Deputy Chairman and the Assistant Deputy Chairman of Committees of the Whole
have the same powers as the
Chairman. [52]
Appeals to the Chairman’s Rulings
Members may appeal a ruling of the Chairman
of Committees of the Whole to the
Speaker. [53]
(Rulings
of the Speaker ceased to be subject to an appeal to the House in
1965. [54] )
After the
Chairman has made a ruling, a Member may rise on a point of order and appeal the
ruling to the
Speaker. [55]
Such an
appeal is not subject to debate. The Chairman immediately leaves the Chair at
the Table, the Mace is placed back on the Table, and the Speaker resumes the
Chair. (In the absence of the Speaker, the Chairman may take the Chair and
decide the appeal to his or her own
ruling. [56] )
The Chairman stands in front of the Speaker’s Chair and reports the incident
and the ruling which has been appealed to the
Speaker. [57]
The Speaker may hear from other Members on the matter before
ruling. [58]
As with all Speaker’s rulings, after
it has been delivered by the Speaker, there is no appeal and no discussion is
allowed. [59]
Only on rare occasions has a Chairman’s ruling been
overturned. [60]
Since
the Committee has not risen and reported progress, as soon as the appeal
proceedings have been completed, the Speaker leaves the Chair, the Mace is
removed from the Table and the Committee of the Whole resumes its
deliberations. [61]
Resolving into a Committee of the Whole
When the Order of the Day is read for the
House to go into a Committee of the Whole to consider a resolution or
motion [62]
or when it is ordered that a bill be considered in a Committee of the
Whole, [63]
no question is put. [64]
The Speaker leaves the Chair and exits the
Chamber. [65]
The Chair
of the Committee is taken by the Chairman, Deputy Chairman or Assistant Deputy
Chairman of Committees of the Whole. The Chairman of the Committee sits in the
Clerk’s chair at the head of the Table, and the Table Officers sit to the
right and left of the Chairman. One of the Table Officers acts as the clerk of
the Committee. [66]
If legislation is being discussed in a
Committee of the Whole, the Minister or Parliamentary Secretary responsible for
the legislation sits at one of the front row desks on the government side of the
Chamber. The Minister acts both as a witness, by answering any questions Members
may have, and as a member of the Committee, participating in debate, voting and
moving amendments to the bill, should he or she wish to do so. The Minister may
be assisted by one or two departmental officials who are seated at a small table
on the floor of the House in front of the Minister. Before proceedings begin,
the officials are escorted by a senior page to their place; they are escorted
out of the Chamber immediately after the Committee rises and before the Speaker
takes the Chair. This is the only occasion when persons other than Members and
House staff are permitted on the floor of the Chamber when the House is sitting.
Conduct of Debate in a Committee of the Whole
Proceedings in a Committee of the Whole are
governed by the Standing Orders as far as may be applicable and by
long-established
practice. [67]
While
Members must be recognized by the Chairman before speaking or moving a motion,
discussions are less formal; Members may occupy, speak and vote from places
other than those regularly assigned to
them, [68]
and they may
be recognized to speak more than once to a
question, [69]
although
they may not share their speaking
time. [70]
The Prime
Minister and Leader of the Opposition have unlimited
time. [71]
Members have
20 minutes at a time to make speeches, to ask questions and to receive
replies. [72]
The
Chairman must apply the 20-minute limit to ensure the Minister or sponsor has an
opportunity to answer a final question within the 20 minutes. As in the House,
where all remarks are addressed to the Speaker, all remarks must be addressed to
the Chairman. [73]
However, in practice, Members often address one another, ask questions and
receive answers
directly. [74]
In these
exchanges, Members should nevertheless always refer to one another by the names
of their ridings as is done in the
House. [75]
The same rules and practices that apply to
motions in the House generally apply in a Committee of the Whole, except that
motions do not require a
seconder. [76]
The
motions “that the Chair rise and report
progress” [77]
and “that the Chairman leave the
Chair” [78]
are
unique to a Committee of the Whole and are decided without debate or amendment.
Once proposed, motions may be withdrawn only by the mover and only with the
unanimous consent of the
Committee. [79]
When an
amendment is moved, debate must proceed on the amendment until it is disposed
of.
Quorum
Under the Constitution Act, 1867, and the Standing Orders of the House, a quorum of 20 Members, including the
Speaker, is required to “constitute a meeting of the House for the
exercise of its
powers”. [80]
Twenty Members is also the quorum for a Committee of the
Whole. [81]
If a Member
draws to the attention of the Chairman a lack of quorum in a Committee of the
Whole, the Chairman counts the
Members. [82]
If 20
Members are not present, the Chairman rises without seeking leave to report
progress and sit again. The Speaker takes the
Chair, [83]
the House
is resumed, the Chairman reports the lack of a quorum and the Speaker counts the
number of Members in the Chamber. If the Speaker finds a quorum, the Committee
resumes its
deliberations. [84]
If
there is no quorum, the bells are rung until there is a quorum, at which time
the Committee resumes its deliberations. If after 15 minutes the bells are still
ringing, the Speaker adjourns the House until the next sitting
day. [85]
Any
proceedings which are brought to a close by a lack of quorum in the House are
allowed to stand and retain their precedence on the Order Paperfor the
next sitting when the Order is called for the House to resolve into a Committee
of the Whole. [86]
At
that time, the Committee resumes its work from the point of interruption.
Relevance and Disorder in a Committee of the Whole
Speeches in a Committee of the Whole must
be strictly relevant to the item or clause under
consideration. [87]
If
a Member’s speech is not relevant to the debate, the Chairman is empowered
to call the Member to order and if, necessary, warn that he or she risks being
reported to the
House. [88]
An
exception which has developed to the rule of relevance is the wide-ranging
debate permitted on Clause 1 (or Clause 2 if Clause 1 only contains the short
title of a bill). [89]
Certain limits have nonetheless been established for consideration of Clause 1,
including proscriptions against repetition of second reading debate and against
anticipation of clause-by-clause
debate. [90]
Moreover,
debate must be confined to the contents of the
bill. [91]
A further
limitation arises when an amendment has been proposed to Clause 1: remarks must
be restricted to the amendment until it has been disposed
of. [92]
The Chairman is empowered to maintain order
in a Committee of the Whole and to decide all questions of
order. [93]
However, if
a Member persists in irrelevance or repetition, refuses to withdraw
unparliamentary remarks or to resume his or her seat when so requested, or if
the proceedings become disorderly and the Chairman is unable to restore decorum
in the Committee, the Chairman may rise and report the incident to the Speaker
without seeking leave of the
Committee. [94]
The
Speaker takes the Chair, receives the report of the Chairman, and deals with the
matter as if the incident had happened in the House and may subsequently name
the Member. [95]
In the
case of unparliamentary language, the Speaker may request the Member to withdraw
the remarks. After the matter has been dealt with, the Committee resumes its
deliberations without a motion to this effect. In extreme cases of disorder in a
Committee of the Whole, the Speaker has taken the Chair without waiting for the
Chairman to
report. [96]
Questions of Privilege
Given that the House rarely sits as a
Committee of the Whole and that when it does, the proceedings are typically
completed in a matter of minutes, questions of privilege are not often raised
today in a Committee of the Whole. The practice regarding the raising of
questions of privilege in a Committee of the Whole is, nonetheless, identical to
that for any standing, legislative or special committee. The Chairman has no
authority to rule that a breach of privilege has
occurred. [97]
The
Chairman hears the question of privilege and may entertain a motion that certain
events which occurred in the Committee should be reported to the
House. [98]
If the
Committee decides that the matter should be reported, then the Chairman rises,
the Speaker resumes the Chair, and the Chairman reports the question of
privilege. [99]
The
Speaker then deals with the matter. If a prima faciecase of privilege is
found by the Speaker, a Member may move a motion dealing with the
matter. [100]
The Speaker will entertain a question of
privilege in regard to a matter that occurred in a Committee of the Whole, only
if the matter has been dealt with first in the Committee of the Whole and
reported accordingly to the
House. [101]
When the House is in a Committee of the
Whole, a Member may not rise on a question of privilege affecting the privileges
of the House in general; however, a Member may move a motion for the Committee
to rise and report progress in order that the Speaker may hear the question of
privilege. [102]
Interruptions
When proceedings in a Committee of the
Whole are interrupted in order for the House to proceed with scheduled items of
daily business (for example, at 2:00 p.m. Monday, Tuesday and Thursday, and
11:00 a.m. on Friday, for Statements by Members and Question Period; or an
interruption for a scheduled recorded division in the House) or if the Committee
is unable to complete its business at the conclusion of the time allotted for
Government
Orders, [103]
the
Chairman interrupts the proceedings and rises. The Speaker takes the Chair and
the Committee reports progress to the House and requests leave to consider its
business again later that day or at the next sitting of the House. The report is
then received by the House and the Committee is granted leave to sit again later
that day or at the next sitting of the
House. [104]
After the
interruption, the Committee may resume sitting if the Order is
called. [105]
If business arises which requires the
attention of the House (for example, a Royal Assent ceremony), the Speaker takes
the Chair immediately without waiting for the Committee to rise and report
progress. [106]
When
the matter which led to the interruption has been dealt with, the Committee
resumes sitting. Messages received from the Senate will not interrupt the
proceedings of the Committee; these messages are only reported to the House by
the Speaker after the Committee has risen and reported and before another Order
of the Day is taken up by the
House. [107]
Extension of Debate
Only when the Speaker is in the Chair, may
a Member move a motion, without notice, to extend the sitting beyond the
ordinary hour of daily adjournment to continue consideration of a particular
item of
business. [108]
When
the House is in a Committee of the Whole, a Member must indicate his intention
to move such a motion; the Chairman interrupts the proceedings and, without
reporting progress, rises so that the motion can be properly moved and disposed
of with the Speaker in the
Chair. [109]
The
motion cannot be debated or
amended. [110]
It
carries automatically unless at least 15 Members who object to it rise in their
places when the Speaker puts the question, in which case the motion is deemed
withdrawn. [111]
On
occasion, the House has adopted special orders extending a sitting in order to
complete consideration of a bill in a Committee of the
Whole. [112]
Closure
The Standing Orders provide the government
with a procedural device to force a decision by the House on any motion or bill
under debate. This device is known as
closure. [113]
Although the limited use of Committees of the Whole in modern practice has
substantially reduced the use of closure there, it may still be invoked. Once
debate has begun in a Committee of the Whole, closure may be applied to a
motion; to the whole committee stage of a bill; to its title, preamble or its
clauses, individually or in groups; or to amendments or sub-amendments.
Furthermore, closure may be moved on clauses of a bill which have not yet been
called. [114]
Before invoking closure of a matter being
considered in a Committee of the Whole, a notice must be given orally at a
previous sitting by a Minister. This notice is normally, but not necessarily,
given while a Committee of the Whole is considering the matter to be
closured. [115]
If
notice is to be given at some other time, the consistent practice is then to
wait for debate on that matter to have been initiated, either on a previous day
or earlier on the same day. When oral notice has been properly given, a Minister
may then move “that the further consideration of any resolution or
resolutions, clause or clauses, section or sections, preamble or preambles, or
title or titles, shall be the first business of the Committee, and shall not
further be
postponed”. [116]
Such a closure motion is moved before the Committee resumes consideration of the
Order to which closure would apply.
Once moved, a closure motion is decided
without debate or
amendment. [117]
The
question is put on the motion and a division may take place. If the motion is
adopted, Members’ participation in the debate is restricted: they may
speak only once on the question to which closure has been applied, and for no
longer than 20
minutes. [118]
The
sitting may be extended but debate concludes no later than 11:00 p.m. that same
day, at which time the Chairman puts all the necessary questions to dispose of
the matter. [119]
After the consideration of a closured bill
is completed, the Chairman reports the bill back to the House with or without
amendment. A motion for concurrence in the bill at report stage is moved and put
without debate. [120]
If the bill is concurred in at report stage and the sitting has not gone beyond
the time normally provided for Government Orders, the House can then proceed
immediately to the third reading stage of the
bill. [121]
If the
bill is concurred in at report stage and the sitting has been extended beyond
the ordinary hour of daily adjournment, the bill is then ordered for third
reading at the next sitting and the House
adjourns. [122]
Time Allocation
The Standing Orders provide a mechanism,
referred to as time allocation, for restricting the length of debate on
bills. [123]
Although
there are certain elements of closure in time allocation, it allows the
government to negotiate with the opposition parties to establish, in advance, a
timetable for the consideration of a public bill at one or more legislative
stages, including debate at the Committee of the Whole stage. Time allocation
has been imposed rarely in a Committee of the Whole; this stems from the fact
that bills which are referred to a Committee of the Whole are generally of a
non-controversial nature and tend to generate little discussion, or deal with
matters of political importance on which arrangements have been made on the use
of House time. [124]
Prohibition Against the “Previous Question”
The motion “That this question be now
put” is referred to as the “previous question”. Its purpose,
when moved and debated in the House, is to achieve one of two possible
objectives: either to prevent any amendment to the main motion and force a
direct vote on it, or to delay a vote on the main motion by prolonging
debate. [125]
The moving of the previous question is
prohibited in a Committee of the Whole as it is in any
committee. [126]
Given
that a bill is referred to a Committee of the Whole for clause-by-clause
consideration, the moving of the previous question would prevent Members from
proposing amendments and considering the legislation to the fullest extent
possible.
Adjournment of Debate
A Committee of the Whole has no power to
adjourn its own sitting or to adjourn consideration of any matter to a future
sitting. [127]
If its
consideration of a matter is not concluded by the ordinary hour of daily
adjournment, or if the House is scheduled to proceed with Private Members’
Business or the Adjournment Proceedings, the Chairman interrupts the proceedings
and rises. The Speaker takes the Chair and the Committee reports progress to the
House and requests leave to consider its business again at the next
sitting. [128]
The
Speaker asks, as a matter of form, “When shall the report be received?
Now. When shall the Committee have leave to sit again? At the next sitting of
the House. So ordered.”
During consideration of a bill or motion in
a Committee of the Whole, a Member may move “That the Chairman rise and
report
progress”. [129]
A motion that “the Chairman report progress” has the same effect as
a motion for the House to adjourn
debate. [130]
In other
words, if this motion is adopted, no further debate can occur on the matter
under consideration that day. If this motion is rejected, the Committee
continues sitting and the question cannot be put again until some intermediate
proceeding has taken
place. [131]
After a Committee of the Whole has risen,
reported progress and received leave to sit again at the next sitting of the
House, when the Order is next called, the House goes into a Committee of the
Whole and the Committee resumes its
business. [132]
Termination of Debate
The proceedings in a Committee of the Whole
may be brought abruptly to a close if a Member moves a motion “That the
Chairman leave the Chair” and the motion is adopted. Such a motion is
always in order, is not debatable and, if adopted, supersedes the question then
before the
Committee. [133]
If
the motion is put and agreed to, the Committee rises without a report to the
House, and the matter before the Committee disappears from the Order
Paper. [134]
If
the Committee rejects the motion for the Chairman to leave the Chair, the
question cannot be put again without some intermediate proceeding having taken
place. [135]
Divisions
When the Chairman puts the question on a
bill, clause or motion, if one or more Members object, they may request that a
division, or standing vote, take
place; [136]
if no
such request is made, the Chairman declares the bill, clause or motion
carried/adopted or negatived, on division (that is, signalling opposition
without calling for a standing
vote). [137]
It is not
necessary to have five Members rise to force a standing vote as is required in
the House. [138]
In a
Committee of the Whole, the names of Members voting for or against an item are
not recorded and no bells are rung to call Members in to
vote. [139]
Those
Members present in the Chamber simply rise in rows and are counted by a Table
Officer. Members do not have to be in their allocated places. As is the case
with a vote in the House, no Member may enter the Chamber while a division is in
progress in a Committee of the
Whole, [140]
nor will
the Chairman hear a point of order during a
vote. [141]
Those in
favour of the motion to the right of the Chair rise first and after each row has
been counted, the Chair asks the Members in that row to sit. The same procedure
is followed for those in favour to the left of the Chair. The procedure is
repeated for those opposed to the motion. After the count, the Table Officer
stands at the end of the Table and reports the number of “yeas” and
“nays” to the Chairman. The Chairman declares the motion carried or
negatived. [142]
Pairs
are not declared when there is a vote in a Committee of the Whole because no
record is kept of the names of Members who voted one way or the
other. [143]
The Chairman does not vote in a Committee
of the Whole, but in the event of a tie, he or she has a casting vote and is
governed by the same rules as the Speaker under similar
conditions. [144]
The
general principle guiding a Chairman of a Committee of the Whole is to vote in
such a manner as to preserve the matter for further consideration (that is, in
such a way as to maintain the status
quo). [145]
Consideration of Bills in a Committee of the Whole
After a bill has been read a second time,
the House may order it referred to a Committee of the Whole for consideration
either pursuant to the Standing
Orders [146]
or by unanimous
consent [147]
or pursuant to a special order of the
House. [148]
Following concurrence in the Main and
Supplementary Estimates and Interim Supply, all appropriation or Supply bills
(bills authorizing the actual withdrawal of funds from the Consolidated Revenue
Fund for government expenditures) are automatically referred to a Committee of
the Whole for
consideration. [149]
These bills are usually considered at the end of the sitting on the last
allotted day in a Supply period when little or no more debating time remains.
The Standing Orders provide for the Speaker to interrupt the proceedings at that
time and put all questions necessary to dispose of all stages of any Supply
bills without further debate. Thus, the committee stage is generally very brief
and the bills are reported back to the House without amendment within a matter
of minutes. [150]
Often a Committee of the Whole examines
non-controversial bills or bills dealing with matters of political importance on
which arrangements on the use of House time have been made. Also, by unanimous
consent or special order, the House has examined urgent legislation, such as
legislation terminating strikes, in a Committee of the
Whole. [151]
Many of
these bills are considered by consent of the House at two or more stages in one
sitting.
A bill is dealt with in a Committee of the
Whole in much the same way it would be if it were referred to a standing,
special or legislative
committee. [152]
Consideration of the preamble and title (as well as Clause 1 if it only contains
the short title of the bill) are
postponed. [153]
Each clause is a distinct question and is discussed separately in numerical order.
Traditionally, when Clause 1 (or Clause 2 if Clause 1 contains only the short
title of the
bill [154] )
is called,
the Committee holds a general debate, similar to that at second reading,
covering the principles and details of the bill. After Clause 1 (or Clause 2) is
disposed of, debate must be strictly relevant to the clause under
consideration. [155]
This tends to make debate on subsequent clauses shorter. Amendments and
sub-amendments to a clause may be proposed if found procedurally acceptable by
the Chair, and after debate they must be disposed of before the next clause may
be called. [156]
After a clause has been considered, the Chair asks if it shall
carry. [157]
Once a
clause has been disposed of, it may not be discussed again during consideration
of another clause. New clauses, schedules, new schedules, Clause 1 (if it
contains only the short title of the bill), the preamble and the title are the
last items
considered. [158]
Similar to proceedings in standing, special or legislative committees,
consideration of particular clauses may be postponed or stood by decision of the
Committee. [159]
Since the House is not supposed to be
informed of the proceedings of a committee on a bill until the bill has been
reported, Members cannot refer to the bill or proceedings on it during
consideration of other matters if the bill is still before a Committee of the
Whole. [160]
When consideration of a bill in a Committee of the Whole is completed, the Chairman
requests leave to report the bill. Often leave is granted automatically, but it
is not unusual for a division to take place on the
motion. [161]
Once leave is granted, the Mace is put back in place on the Table, the Speaker
resumes the Chair and the Chairman reports the bill, with or without amendment,
to the House. [162]
The report is then received by the House and the Speaker immediately puts the
question on the motion for the bill to be concurred in at the report
stage. [163]
No amendments or debate are allowed at this
stage. [164]
Should the bill be concurred in at the
report stage, the third reading motion may be proposed at the same
sitting. [165]
However, if the bill had been read a second time that same sitting, the third
reading motion may only be moved with the unanimous consent of the House because
the Standing Orders dictate that the three readings of a bill should occur on
different days. [166]
With the consent of the House, the third reading motion may be proposed
immediately, which is the usual
practice, [167]
or later the same sitting. Third reading may also take place at the next sitting of
the House. [168]
During consideration of the motion for
third reading, an amendment may be proposed that the bill be recommitted to a
Committee of the
Whole. [169]
Such a
recommital amendment usually limits consideration in the Committee to certain
clauses, or new proposed
amendments. [170]
In some cases, no limitation is
included. [171]
If adopted, this motion becomes an instruction to the
Committee. [172]
Motions of Instruction
Motions of instruction are derived from
British practice which was developed in the second half of the nineteenth
century and incorporated into Canadian practice, although they have seldom been
used. Instructions to a Committee of the Whole dealing with legislation are not
mandatory but permissive, that is the Committee has the discretion to decide if
it will exercise the power given to it by the House to do something which it
otherwise would have no authority to
do. [173]
However, if
the Committee itself wishes to extend its powers, it must request that the House
give it an instruction to this
effect. [174]
Today, given that the House usually refers a bill to a Committee of the Whole to
expedite its passage, the House agrees to define the committee’s work
typically by special
order. [175]
In the event the House wishes to instruct a
Committee of the Whole to do something, a motion of instruction may be moved
without notice immediately after a bill has been read a second time and referred
to a Committee of the Whole but before the House has resolved itself into the
Committee. [176]
An instruction to a Committee of the Whole has also been moved as a substantive
motion under the rubric “Motions” during Routine Proceedings when a
bill was already before the
Committee. [177]
A motion of instruction is debatable and
amendable. [178]
Members have moved motions instructing a Committee of the Whole to divide a bill
into several
bills, [179]
to consolidate several bills into one
bill, [180]
and to insert new clauses into a
bill. [181]
A motion
of instruction is inadmissible if it seeks to confer upon the Committee powers
it already has, such as the authority to amend a
bill. [182]
Any number
of motions of instruction may be moved successively to a bill referred to a
Committee of the Whole; however, each motion is a separate and independent
motion. [183]
Once a
motion of instruction is adopted, it becomes an Order of Reference to the
Committee.
Consideration of Motions in a Committee of the Whole
Although the House now resolves itself into
a Committee of the Whole primarily for the consideration of legislation, other
matters such as motions, resolutions and addresses have been considered in a
Committee of the
Whole. [184]
Indeed,
the potential mandate of a Committee of the Whole is virtually unlimited as it
may consider any substantive motion which the House chooses to refer to
it. [185]
In the past,
the consideration of matters other than legislation was largely limited to
resolutions preceding bills involving the expenditure of public funds,
resolutions relating to trade, and resolutions providing for the grant of public
money [186]
or for the
imposition of a public tax; from time to time, other matters have also been
debated in a Committee of the
Whole. [187]
When a motion or resolution is referred to
a Committee of the Whole for consideration, the Chairman proposes the motion or
resolution and asks the Committee if it wishes to adopt
it. [188]
The sponsor
of the resolution or motion opens the debate and other Members then rise to
participate in the debate and to ask questions. The normal rules for debate in a
Committee of the Whole apply. Amendments and subamendments may be proposed. At
the conclusion of debate, the Chairman will put the question on the resolution
or motion. If agreed to, the Chairman requests leave to report the resolution or
motion to the House. If leave is granted, the Chairman rises, the Mace is put
back in place on the Table, the Speaker resumes the Chair, and the Chairman
reports the resolution or
motion. [189]
Should a Committee of the Whole report a
resolution, the Speaker immediately puts the motion to concur in the resolution,
without debate or
amendment. [190]
Given that the House declares its own opinions and purposes by
resolution, [191]
if the House agrees with the concurrence motion, it expresses its support for the
content of the resolution; if not, the House withholds its
support.
Reporting of Proceedings
Journals
Proceedings and decisions taken in a
Committee of the Whole are not recorded in the
Journals. [192]
Because the House is not officially informed of the proceedings in a Committee
of the Whole until the Committee has reported, note is only made in the
Journals when the House goes into a Committee of the Whole, when the
Committee reports progress and when the Committee reports back a bill with or
without amendment. If amendments are adopted to a bill in a Committee of the
Whole, they are printed in the Journals when the Committee reports the
bill back to the
House. [193]
Debates and Broadcasting
Proceedings in a Committee of the Whole are
recorded verbatim in the Debates of the House. In addition, an
audio-visual record (an electronic Hansard) of proceedings in a Committee of the
Whole is available with the recorded proceedings of the House of
Commons.