The Legislative Assembly of the Northwest Territories has decided that one way to hold Ministers accountable for their actions is through a mid-term review of ministerial performance. However, in a consensus government system, the committees are also powerful in terms of their ability to influence government action. The Chairs' Liaison Committee stated in their report that committees should be required to outline their goals and workplan on a regular basis and that an annual report should be tabled each year outlining the committee's activities for the past year and their proposed workplan for the upcoming year.
The Standing Committee on Rules, Procedures and Privileges feels that the goals, workplan and principles for each committee are clearly stated in the terms of reference for each committee and that the reports that are presented to the House serve as the committees' accountability mechanism.
Therefore, the Standing Committee on Rules, Procedures and Privileges does not feel that a recommendation is necessary in this regard.
Legislative Assembly Guidelines For Committees
The role of ordinary Members is very important. The committee system is the way in which ordinary Members can influence the decision of Cabinet and make recommendations to the Legislature for action. Each committee has the responsibility for examining its own procedures to ensure that the work of the committee is carried out in an efficient, economic and effective manner. It is important to the work of the committees that Members attend regularly and on time. The standing committee, with the guidance of the Chairs' Liaison Committee, has developed guidelines for committees of the Legislative Assembly. It is attached to Appendix A.
These guidelines have been forwarded to the Management and Services Board for approval and adoption into policy. The guidelines would apply to all committees of the Legislative Assembly.
Recommendation 10
The Standing Committee on Rules, Procedures and Privileges recommends that the committee guidelines be adopted by the Management and Services Board as policy for the administrative operation of the Legislative Assembly.
Recall Legislation
Recall is the legal mechanism whereby a specified percentage of voters can petition for a vote to remove an elected official. If the vote is in favour of removal, there will be a bi-election to fill the vacancy. Caucus asked that the Standing Committee on Rules, Procedures and Privileges examine this issue in more detail as it might relate to the NWT Legislative Assembly.
The committee studied the various strengths and weaknesses of this aspect of direct democracy. Although there are special problems in using recall in a Parliamentary system, implementation in the Northwest Territories is a possibility. If the concept of recall was approved in the Northwest Territories Legislature, it would be up to the government to devise and implement the recall procedures by way of legislation.
Factors which will have to be addressed in detail in the legislation would include:
1. Should there be specific grounds for recall, such as misconduct or incompetence and should the grounds for recall be unlimited?
2. Should there be periods during which representatives are immune from recall attempts?
3. How many signatures would be required for a successful petition for recall?
4. Should there be restrictions on spending during the petition process and who pays for the costs associated
during the petition process? Should there be a fee for the
petition and what would that fee be? Should there be limits to the number of petition attempts?
5. Should there be a time limit for gathering petition signatures? What signature verification process would there be?
6. How long after a successful recall vote should a by-election be held?
7. Should there be a recall vote or should a successful petition remove the elected official from their seat?
8. Which voters are eligible to vote in a recall election?
The standing committee reviewed the issue of recall and feels that, although the issue is important and deserves serious consideration, this committee does not have the authority to pursue the issue to its conclusion.
Recommendation 11
Therefore, the Standing Committee on Rules, Procedures and Privileges recommends that the government develop a legislative action paper on the issue of recall of Members of the Legislative Assembly for tabling in the House.
Madam Speaker, this concludes the review of the issues referred to our committee by Caucus and the Standing Committee on Rules, Procedures and Privileges would like to thank the Members for their continued interest and support in these issues which affect us all. Suggestions for improving our rules and procedures are always welcome and appreciated. Mahsi.
Madam Speaker, that concludes the report of the Standing Committee on Rules, Procedures and Privileges.
Motion To Move Committee Report 2-12(6) To Committee Of The Whole, Carried
Therefore, I move, seconded by the honourable Member for Iqaluit, that the report of the Standing Committee on Rules, Procedures and Privileges on issues referred by Caucus be received by the Assembly and moved into committee of the whole for today. Thank you.
---Applause