Mahsi, Mr. Chairman. In committee of the whole today, the committee would like to do the following: Bill 28, Bill 30, Bill 16, Bill 27, Bill 13, Committee Report 7-12(7), and, if we still have time and energy, Committee Report 6-12(7).
---Laughter
Debates of April 27th, 1995
Topics
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
Fred Koe Inuvik
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
The Chair John Ningark
Thank you. Mr. Koe is recommending that we will deal with, in this order, Bill 28, Bill 30, Bill 16, Bill 27, Bill 13, and Committee Report 7-12(7), and, if we still have some life in us, Committee Report 6-12(7). Do we have the concurrence of the committee that we will deal with the matters in this order?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
April 26th, 1995
Page 1090
Some Hon. Members
Agreed.
---Agreed
Bill 28: An Act To Amend The Legislative Assembly And Executive Council Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
The Chair John Ningark
Thank you. Mr. Pollard, we are going to proceed to deal with Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act. Mr. Pollard.
Minister's Introductory Remarks
Bill 28: An Act To Amend The Legislative Assembly And Executive Council Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
John Pollard Hay River
Thank you, Mr. Chairman. I am pleased to introduce a bill to amend the Legislative Assembly and Executive Council Act.
This act, Mr. Chairman, was developed in response to a Standing Committee on Finance recommendation that the Legislative Assembly and Executive Council Act be amended to give the Premier the authority to discipline and dismiss Ministers.
Currently, Mr. Chairman, the act stipulates that Ministers hold office at the pleasure of the Legislative Assembly.
Mr. Chairman, the amendment maintains the existing accountability to the House; however, it adds a provision whereby the Premier can recommend that the Commissioner revoke the appointment of a Minister should it become necessary to do so for disciplinary purposes.
The bill, as proposed, will accomplish what the standing committee has recommended. Mr. Chairman, if there are any questions, at the appropriate time I will endeavour to answer them. Thank you.
Bill 28: An Act To Amend The Legislative Assembly And Executive Council Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
The Chair John Ningark
Thank you, Mr. Minister. On behalf of the committee which reviewed Bill 28, Mr. Whitford, I believe you have some remarks to make.
Standing Committee On Legislation Comments
Bill 28: An Act To Amend The Legislative Assembly And Executive Council Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
Tony Whitford Yellowknife South
Thank you, Mr. Chairman. Mr. Chairman, the Standing Committee on Legislation has completed its review of Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act. The committee held its public hearings on April 24, 1995. The standing committee did receive one presentation from Mr. Henry Zoe, representing the Standing Committee on Finance. Bill 28 would amend the current act to allow the Commissioner to revoke the appointment of a Member of the Executive Council upon the advise of the Premier.
In principle, the committee fully supports this measure. The committee feels that it provides a level of Cabinet accountability and allows for disciplinary measures to be taken when the House is not sitting; however, it is the opinion of the Standing Committee on Legislation that Bill 28 does not go far enough in addressing true Cabinet accountability. The standing committee strongly feels that if the Premier is granted the authority to revoke appointments of Cabinet, then he or she should also be provided with the authority to appoint the Members to those Cabinet positions. Therefore, the Standing Committee on Legislation recommends a motion: that the government begin immediately to draft a further amendment to the Legislative Assembly and Executive Council Act that would enable the Commissioner, upon recommendation of the Premier, to appoint Members of the Assembly to the Executive Council.
On April 24, 1995, the standing committee passed a motion that Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act, was ready for consideration in committee of the whole, which we are doing today. So we have a motion, Mr. Chairman.
Bill 28: An Act To Amend The Legislative Assembly And Executive Council Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1090
The Chair John Ningark
Thank you, Mr. Whitford. Please proceed with your motion.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Tony Whitford Yellowknife South
Thank you, Mr. Chairman. Mr. Chairman, I move that the government begin immediately to draft a further amendment to the Legislative Assembly and Executive Council Act that would enable the Commissioner, upon recommendation of the Premier, to appoint Members of the Assembly to the Executive Council.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you, Mr. Whitford. The motion is in order. To the motion. Do we have a quorum? Yes, we have a quorum. To the motion. I'm told that copies have already been provided in the context of the remarks by Mr. Whitford, and I am informed that the motion is also translated into the appropriate language; it is a tradition that we translate it into Inuktitut. To the motion. Member for Thebacha.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. Being a Member of the committee, I fully support the motion. Thanks.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you. Mr. Zoe.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Henry Zoe North Slave
Thank you, Mr. Chairman. I disagree with the recommendation from the Standing Committee on Finance that if this motion passes, that means we're going towards party politics where we would be letting the Premier select Cabinet Ministers. The position from my area and some of my colleagues on this side of the House is we agree that we don't want to go too far with the particular amendment we have in front of us. I think, to a certain extent, it gives authority to the Premier to dismiss.
Members will recall that in between sessions is when we have a problem. The problem I don't have to indicate, but we ran into a number of problems within this 12th Assembly where the Premier had her hands tied; even though she received unsigned letters of resignation she couldn't discipline those particular Ministers. Because of that, the Standing Committee on Finance has indicated that we should make provisions in the Legislative Assembly and Executive Council Act so the Premier would have that authority, but not to give her the full authority to hire and fire the Ministers. I wouldn't want to bind the hands of the 13th Assembly, I would prefer to leave that discussion to the next group coming in to determine how they would select the Premier or the process they would like to use. There are a number of options available to them, and I feel that making this type of recommendation now would mean that the government would have to react to this particular recommendation and bring forward amendments in our June session. That would definitely tie the hands of the next people coming in to determine what process they want to use.
In that respect, Mr. Chairman, I will not be supporting this particular recommendation by the Standing Committee on Legislation. Thank you.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you, Mr. Zoe. To the motion.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Some Hon. Members
Question.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Question is being called. All those in favour of the motion, please signify in the usual manner. All those opposed, please signify. The motion is carried.
---Carried
Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act, is fairly short; however, I would offer the Minister the opportunity to bring in his witnesses to allow the Members to make general comments.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
John Pollard Hay River
Yes, I would, Mr. Chairman. Thank you.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you. Do we have the concurrence of the committee that the Minister bring in the witnesses?
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Some Hon. Members
Agreed.
---Agreed
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you. Proceed.
Thank you. Mr. Minister, for the record, please introduce the witness to the committee.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
John Pollard Hay River
Thank you, Mr. Chairman. I have with me Mr. Mark Aitken, legislative counsel from the Department of Justice, Government of the Northwest Territories. Thank you, Mr. Chairman.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
Thank you. Welcome to the committee, Mr. Aitken. The floor is now open for general comments. Can we have order here, please? Order. General comments.
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
An Hon. Member
Clause by clause.
Clause By Clause
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
The Chair John Ningark
I hear clause by clause. We shall get into clause by clause. We are proceeding clause by clause on Bill 28. Clause 1. Mr. Zoe.
Committee Motion 46-12(7), To Refer Bill 28 To Standing Committee On Legislation, Defeated
Committee Motion 45-12(7): To Draft Amendments To Bill 28 Allowing Premier To Select Cabinet, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1091
Henry Zoe North Slave
Mr. Chairman, I think a number of Members have concerns pertaining to this bill. Therefore, I move that Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act, be referred back to the Standing Committee on Legislation.