Omnibus budget bills

On Friday, November 10th, 2017 in Parliament, Points of Order

Elizabeth May

Mr. Speaker, I will have an opportunity to address Bill C-63 in its substance very shortly in the speaking order in debate today, but I appreciate the opportunity to weigh in on the question of whether the bill is appropriately put before us. It is the first real test of Standing Order 69.1 on omnibus bills.

I made many attempts in points of order in the 41st Parliament to argue for the splitting of omnibus bills, for setting them aside. The Speaker at that point, currently the leader of the Conservative Party, ruled that was not for the Speaker to decide, and the House had to speak to the matter of whether a bill was properly an omnibus bill or not.

By way of background, there is nothing wrong with an omnibus bill. In tradition, all the Speakers in this place have said if a bill has a central and primary purpose, in order to achieve that purpose, amendments or repeals to other bills are acceptable. What was unacceptable in the 41st Parliament was randomly putting in so many bills. It was not only in the 41st Parliament. It happened in 2009 and 2010. When a bill is a budget bill, to defeat it is to bring down the government, so in a minority government it became political leverage to push through unpalatable bills all at once, with inadequate study. In a majority Parliament, it became a way for the government of the day to move through things expeditiously.

It put us in mind of the statement from Speaker Lucien Lamoureux years ago, who said he supposed there would come a day where the business of the House would be one omnibus bill that goes through all at once.

In this case, we now have guidance. I agree with previous speakers that it is lamentable that the Standing Order changes were brought in by majority rule as opposed to by consensus. However, Standing Order 69.1 is helpful. It gives us guidance, and it gives the Speaker the discretion to separate out those sections that are not properly within the bill.

I will be speaking to this in Bill C-63 in my second reading debate to say this kind of omnibus budget bill bears no relationship to the kind of egregious abuse of process that we saw in Bill C-38 and Bill C-45 in 2012. Those were bills that achieved things that had nothing to do with the budget, were not mentioned in the budget, and were egregious in their impact. This is of an order that is quite different.

I do not find Bill C-63, as an omnibus budget bill, objectionable, but it is quite right, as the hon. NDP House leader has pointed out, that where there are provisions that were not mentioned at all in the budget, if we are to uphold Standing Order 69.1, the Speaker has the discretion to move those parts out and allow separate debate and study of those portions only.

Standing Order 69.1 is an improvement over our previous Standing Orders. It does give guidance. However, I would hate to see the debate in this place misunderstood by anyone observing as representing an abuse of process, abuse of Parliament, and an affront to democracy that we saw in previous Parliaments under the previous government.

Geoff Regan – Speaker of the House

I thank the hon. member for Saanich—Gulf Islands for adding her arguments to those already presented by the members for New Westminster—Burnaby, Calgary Shepard, and of course Carleton, who made his arguments earlier.

I thank colleagues for their presentations. I will come back to the House on this issue.

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