May 1, 1964 (26th Parliament, 2nd Session)


Erik Nielsen

Progressive Conservative

Mr. Erik Nielsen (Yukon):

Thank you, Mr. Speaker. My question of privilege involves two matters the first being of serious concern to all hon. members of the house. It would appear that it arose for the first time last evening. It concerns the application of new provisional order No. 39 and the belief, mistaken in my view, that the strict application of the rule would mean that no questions of privilege or points of order can be
raised between 10 and 10.30 p.m. I suggest, sir, that the rule be again considered by yourself and clarification brought down to the members of the house in this regard, or referred back to the rules committee.
I will be very brief on this particular aspect of the question of privilege. If Your Honour will refer to Votes and Proceedings for April 20, Your Honour will notice that the last paragraph of provisional rule 39(5) stipulates as follows:
There shall be no appeal against any decision made by Mr. Speaker under the provisions of this subsection.
The provisions of this subsection refer to the rule that the discretion of Your Honour is to be accepted as to whether a particular question asked on orders of the day is urgent. I submit to Your Honour that the provision prohibiting an appeal relates strictly to a decision of Your Honour on a question of urgency. If Your Honour rules a question out of order on any other ground except that of urgency, I submit that the ordinary rules apply.
The second part of this matter relates to the absence of any reference in the new rule to points of order and questions of privilege being raised in the half hour between 10 and 10.30; the new rule is absolutely silent on this matter. If it was the intention of the rules committee that there should be no questions of privilege or points of order raised in this half hour, I submit it should have been so stated in the new rule. As it stands now, the new rule being silent on the subject, it will be my submission that questions of privilege and points of order can be raised, under the ordinary rules of the house. I submit that we need clarification on these points from Your Honour or by reference back to the rules committee.
The other portion of my question of privilege has to do with the circumstances as they did arise last night. On the orders of the day the hon. member for Broadview (Mr. Hahn) raised an absolutely planted and connived question with the Minister of Transport (Mr. Pickersgill)-

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