SMIP Committee Report

PETITIONS

16.   The right to petition Parliament is an ancient one that remains important in the modern age. Over the years, however, various technical requirements for petitions have evolved that are often traps for the unwary. While certain basic parameters must be respected – the petition must be addressed to Parliament and relate to a matter under federal jurisdiction, it should use temperate and respectful language, and so forth – the rules regarding the prayer for relief, or technical format and requirements, should be loosened and simplified. This may require consequential changes to Standing Order 36.

The Committee recommends that the Speaker, after consultation with the House Leaders, table in the House simplified requirements for petitions, including the prayer for relief.

WRITTEN QUESTIONS

17.   Although the daily oral Question Period has the highest profile, it is also possible for Members of the House of Commons to pose questions to the Government in writing. If a question involves a lengthy, detailed or technical response, a written question may be more appropriate. After the notice requirement has been fulfilled, the question appears on the Order Paper. Generally, Members will avail themselves of the right to request an answer within 45 days. There is considerable frustration on the part of Members that many questions are not answered within this time frame. The Standing Orders permit a Member to have a maximum of four questions on the Order Paper at any one time. Another source of irritation results from the fact that Members are prevented from tabling other written questions, despite the expiry of the 45-day period. While provision is made for a question that is unanswered after 45 days to be raised during the adjournment proceedings of the House, this has the effect of removing it from the Order Paper, thereby absolving the government of tabling a written response.

18.   The Committee is proposing a number of changes to the treatment of questions on the Order Paper. If the government does not respond within the 45-day period, the failure to answer would be referred to the appropriate standing committee.  The committee would be required to meet within five sitting days to investigate the delay, and report the matter to the House. The question would, nevertheless, remain on the Order Paper, but it would be “designated,” indicating that it is “past due.” This would allow the Member who tabled the question to table another question in its place. A Member would still be restricted to a maximum of four current (or non-designated) questions at any one time. The option of transferring the question to the adjournment proceedings for debate would remain, with the same resulting removal of the question from the Order Paper.

The Committee recommends that Standing Order 39(5)(b) be amended as follows:

39. (5)(b) If such a question remains unanswered at the expiration of the said period of forty-five days, the matter of the failure of the Ministry to respond shall be deemed referred to the appropriate Standing Committee. Within five sitting days of such a referral the Chair of the committee shall convene a meeting of the committee to consider the matter of the failure of the Ministry to respond. The question shall be designated as referred to committee on the Order Paper and, not withstanding Standing Order 39(4), the Member may submit one further question for each question so designated. The Member who put the question may rise in the House under “Questions on the Order Paper” and give notice that he or she intends to transfer the question and raise the subject-matter thereof on the adjournment of the House, and the order referring the matter to committee is thereby discharged.