Thank you, Madam Speaker. Madam Speaker, the Standing Committee on Rules, Procedures and Privileges would like to present its report on issues referred by Caucus.
Madam Speaker, the Standing Committee on Rules, Procedures and Privileges has the responsibility to review the rules and procedures of the Legislative Assembly and matters brought to our attention by Members.
The committee received referrals from Caucus, requesting that the standing committee review the following issues: a) rules requiring a Member to stand when speaking in the House as they might affect a person with a physical disability;
b) procedures regarding the recognition of visitors in the gallery;
c) an options paper prepared by the Chairs' Liaison Committee on the operation and accountability of standing committees; and,
d) recall legislation.
The standing committee has examined these issues and is pleased to report our findings.
Review Of The Rules Regarding Standing When Speaking In The House
On November 24, 1993, the committee received a referral from Caucus concerning the rules regarding standing as they might affect a disabled person. Some Members felt that our rules should permit Members to remain seated if "disabled or in discomfort." Caucus shared the concerns stated by these Members. Rule 21 currently states "Every Member recognized shall stand in his or her place and address the Speaker." There are other rules that also require Members to stand; for recorded votes; and, at the time of adjournment.
When Caucus first considered this matter, it was agreed that the Speaker would seek unanimous consent to permit a Member with a physical disability to remain seated when speaking during formal session. This was to be an interim measure pending the result of the review by the Standing Committee on Rules, Procedures and Privileges. The standing committee examined the procedures that are used in other jurisdictions. It was found that each jurisdiction handles these situations on a case-by-case basis. During our review, the committee felt that asking for unanimous consent to waive the rules would draw attention unnecessarily to the fact that a Member is disabled. Committee Members considered the fact that there may be a Member elected who had a permanent disability, or that a Member may suffer from an injury during the course of his or her term that might also make them unable to stand as required by the rules. Members may not wish to bring attention to the disability, therefore it was felt that an alternative method should be developed. The committee agreed that Members who suffer from permanent or temporary physical disability which would require the waiving of the rules for standing, should request, in writing, to the Speaker their need to waive the rules which govern standing. And the Speaker, after due consideration, will indicate to the House at the first opportunity that the rules have been waived for the Member for a specific period of time.
Recommendation 1
Therefore, this committee recommends that rule 18 be amended to add, under (3), "Notwithstanding rule 18(1) does not apply to rule 6(1), 21 and 61(2) if the Member has been granted approval by the Speaker to waive those rules for a specified period of time.
Recognizing Visitors In The Gallery
On March 4, 1994, the Standing Committee on Rules, Procedures and Privileges received a request to review the possibility of developing an additional procedure by which Members of the Assembly could recognize visitors in the gallery. Five Legislatures in Canada include an item for the recognition of people in the gallery on their order paper. This allows Members of these particular Assemblies to recognize certain persons in the gallery without having to go through the Speaker.
Current practice in our Legislature provides that the Speaker has the authority to recognize people in the gallery. This serves to avoid the recognition of people for political reasons and protects the dignity and standards of the Chamber. However, the standing committee felt that placing an additional item on the order paper would allow Members to recognize people in the gallery who may not fall within the guidelines the Speaker currently applies and would eliminate the problem of the Speaker having to make the decision of who may or may not be recognized. It would allow the Member to introduce those persons who, in the Member's opinion, may be worthy of recognition.
The committee feels that most Members of the Assembly would still prefer to have the Speaker recognize guests. The authority to recognize guests should remain with the Speaker as much as possible. However, for those less obvious cases, a formal means for Members to recognize people in the gallery should be available.
Recommendation 2
Therefore, the Standing Committee on Rules, Procedures and Privileges recommends that more liberal guidelines on the recognition of visitors be developed for application by the Speaker.
The committee is of the opinion that the rules should be amended to include an item on the order paper titled "Recognition of Visitors in the Gallery". This item should be placed immediately before oral questions and should appear on the order paper on a provisional basis for the remainder of the 12th Assembly. Each introduction shall be limited to 30 seconds in duration.
Recommendation 3
The Standing Committee on Rules, Procedures and Privileges recommends that rules 27(1) and (2) be amended by adding the new item 5, recognition of visitors in the gallery, to the orders of the day. And further, that all items following the new item 5 be renumbered sequentially.
Recommendation 4
The Standing Committee on Rules, Procedures and Privileges also recommends that the rules be amended by adding the following new rule: recognition of visitors in the gallery.
Rule 37(1) under the item recognition of visitors in the gallery, a Member may make a statement of introduction of visitors here in the gallery.
Rule 37(2), introduction made under Rule 37(1) shall not exceed 30 seconds.
And further, that the rules be renumbered to reflect the addition of the new rule 37. And furthermore, that these rule changes come into effect on the first sitting day after adoption and remain in effect on a provisional basis for the remainder of the 12th Assembly.
Operation And Accountability Of Standing Committees
On April 21, 1994, the standing committee received a referral from Caucus to review a paper on the operation and accountability of the standing committees, which was developed by the Chairs' Liaison Committee. The paper presented guidelines to aid in the operation and accountability of standing committees with respect to:
- how Members are assigned or reassigned to committees;
- balancing workloads amongst Members;
- disciplining committee Members; and,
- guidelines for processing living allowances, indemnities and travel expenses.
When developing the guidelines for the operation and accountability of standing committees, the Chairs' Liaison Committee addresses a broad range of issues surrounding committees. The assignment of committee work and balancing workloads was addressed in a section on committee size, allocating of committee seats, length of term of Members and selection of committee chairs.
Committee discipline was addressed in this section on committee expectation and discipline, review of committee performance and committee resources. The Chairs' Liaison Committee made several recommendations which Caucus and the Standing Committee on Rules, Procedures and Privileges reviewed. The following recommendations emerged from these reviews.
Review Of The Discussion Paper On Committee Operation And Accountability
The Legislative Assembly of the Northwest Territories currently has a large number of committees and caucuses. Some involve both Ministers and ordinary Members. Recently, some committee chairs voiced concern over the lack of attendance by Members and the difficulties in getting a quorum for meetings. The number of committees compared to the number of MLAs means Members are worn thin. As a result, they may place less emphasis on committees which are not of keen interest to them.
Between committee meetings and sittings of the Assembly, NWT Members are currently spending an average of 47 per cent of their work day in meetings. The volume of work does not allow individual Members to become immersed in any one of their committees. Aside from special committees and caucuses, most Members sit as regular Members on two or three standing committees.
Given the significant use of alternates, it appears that it's difficult for Members to become as involved as they may like. Smaller committees would give Members the opportunity to become more involved with them. The Standing Committee on Rules, Procedures and Privileges feels that with smaller
committees and improved committee guidelines, it should be easier to meet quorum requirements.
Recommendation 5
Therefore, the Standing Committee on Rules, Procedures and Privileges recommends that the membership of the Standing Committee should be reduced to five Members and further, that the quorum for standing committees be lowered to four Members based on a membership of five. Furthermore, that the number of alternates should remain at three Members. Furthermore, that the rules of the Legislative Assembly be amended to reflect the approved changes regarding membership and quorum and that the changes to the rules come into force on the first day of the first session of the 13th Assembly.
Committee Assignments
The two most common ways to allocate positions on committees are by interest and by ability. It is felt that the best way to allocate positions on committees is based on the combination of interest, ability and experience. Members are more likely to attend and participate fully if committee work is a topic of personal interest.
Members should be asked to provide to the Striking Committee a brief written request for the committee on which they are interested in holding a position. The Chairs' Liaison Committee's report proposes that Members provide a description of how their experience and interest would contribute to the work of each committee position requested. The Striking Committee would then try to balance the workload of Members.
Recommendation 6
The Standing Committee on Rules, Procedures and Privileges recommends that the Members provide brief written information explaining the reason they are requesting an appointment to a particular committee or committees.
And further, that when assigning Members to committees, the Striking Committee should consider the interest, ability and experience of the Member while trying to maintain an east/west balance where possible.
---Applause
Appointment To Committees
Currently, committee Members are appointed at the beginning of each Assembly and unless there are changes in the status of the Member, they remain with those committees for the four-year term. This is the preferable way of handling the length of term for committee Members.
Some Members have suggested that committee membership should be rotated annually. There is always a learning curve associated with committee work and the Members become more proficient and aware of the committee's specific needs over time. Continuity of committee Members allows committees to be more effective in their approach.
Recommendation 7
The Standing Committee on Rules, Procedures and Privileges recommends that committee Members continue to be appointed for the term of an Assembly.
Selection Of Committee Chairs
Chairs must have the confidence and support of their committees, particularly since they are ultimately responsible for committee discipline and budget expenditures. Chairs should be selected by each committee through a secret ballot election administered by the clerk of the committee.
Recommendation 8
The Standing Committee on Rules, Procedures and Privileges recommends that chairs should continue to be selected through a secret ballot election administered by the clerk of the committee.
Committee Discipline
In order for committees to function effectively, there must be a commitment and dedication among Members to the work of the committee. It is important that upon initial formation, committees clearly outline their expectations for Members in terms of preparation, participation and attendance at committee meetings. Currently, chairs have no authority to discipline Members who are not making a fair contribution to committee work. Chairs should have avenues for disciplining Members who apparently do not take their task seriously. Stability and consistency in committee membership is important. One way to encourage committee attendance is to tie attendance to monetary items.
Recommendation 9
The Standing Committee on Rules, Procedures and Privileges recommends that the payment of committee indemnities and living allowances be conditional upon attendance at committee meetings and, further, that committee chairs and ultimately the committee, be given authority to discipline a Member of that committee.