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The Use and Misuse of Members' Statements
The Use and Misuse of Members’ Statements by Evan Sotiropoulos On February 26, 2009, House of Commons Speaker Peter Milliken issued instructions to House Leaders regarding Standing Order 31 – Statements by Members. In it, he reminded them that “personal attacks are not permitted” and that he will “vigorously enforce the authority given to him to cut off Members if, in his opinion, improper statements are made.” This article looks at the 2009 CanLIIDocs 316 background to his instruction including an analysis of some 4000 Members’ Statements during the two previous minority parliaments. It considers whether Members have abused the rules relating to Members’ Statements and whether the Standing Orders relating to Members’ Statements should be reconsidered. he Daily Proceedings, one of five categories of • Congratulatory messages, recitations of poetry activities in the House, comprise three events: and frivolous matters are out of order. TPrayers (followed by O Canada on Wednesdays); Members have paid little attention to the prohibition 15 minutes for Members’ Statements; and 45 minutes against congratulatory messages but the restriction for Question Period. This hour of action is, without on personal attacks has been reaffirmed by multiple question, the main event in the Daily Order of Business rulings. In 1990, Speaker John Fraser clarified that a in Canada’s lower chamber. statement about another Member’s political position Each day at 2:00 p.m. (11:00 a.m. on Fridays), would be acceptable, but a personal attack against a Members who are not Ministers, when recognized Member would not be allowed. In 1996, Speaker Gilbert by the Speaker, are permitted to address the House Parent cautioned “once the words have been uttered, on virtually any matter of international, national, it is very difficult to retract them and the impression 1 provincial or local concern. -
A Diachronic Study of Unparliamentary Language in the New Zealand Parliament, 1890-1950
WITHDRAW AND APOLOGISE: A DIACHRONIC STUDY OF UNPARLIAMENTARY LANGUAGE IN THE NEW ZEALAND PARLIAMENT, 1890-1950 BY RUTH GRAHAM A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Applied Linguistics Victoria University of Wellington 2016 ii “Parliament, after all, is not a Sunday school; it is a talking-shop; a place of debate”. (Barnard, 1943) iii Abstract This study presents a diachronic analysis of the language ruled to be unparliamentary in the New Zealand Parliament from 1890 to 1950. While unparliamentary language is sometimes referred to as ‘parliamentary insults’ (Ilie, 2001), this study has a wider definition: the language used in a legislative chamber is unparliamentary when it is ruled or signalled by the Speaker as out of order or likely to cause disorder. The user is required to articulate a statement of withdrawal and apology or risk further censure. The analysis uses the Communities of Practice theoretical framework, developed by Wenger (1998) and enhanced with linguistic impoliteness, as defined by Mills (2005) in order to contextualise the use of unparliamentary language within a highly regulated institutional setting. The study identifies and categorises the lexis of unparliamentary language, including a focus on examples that use New Zealand English or te reo Māori. Approximately 2600 examples of unparliamentary language, along with bibliographic, lexical, descriptive and contextual information, were entered into a custom designed relational database. The examples were categorised into three: ‘core concepts’, ‘personal reflections’ and the ‘political environment’, with a number of sub-categories. This revealed a previously unknown category of ‘situation dependent’ unparliamentary language and a creative use of ‘animal reflections’. -
Professional and Ethical Standards for Parliamentarians Background Study: Professional and Ethical Standards for Parliamentarians
Background Study: Professional and Ethical Standards for Parliamentarians Background Study: Professional and Ethical Standards for Parliamentarians Warsaw, 2012 Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10, 00–251 Warsaw, Poland http://www.osce.org/odihr © OSCE/ODIHR 2012, ISBN 978–92–9234–844–1 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source. Designed by Homework Cover photo of the Hungarian Parliament Building by www.heatheronhertravels.com. Printed by AGENCJA KARO Table of contents Foreword 5 Executive Summary 8 Part One: Preparing to Reform Parliamentary Ethical Standards 13 1.1 Reasons to Regulate Conduct 13 1.2 The Limits of Regulation: Private Life 19 1.3 Immunity for Parliamentarians 20 1.4 The Context for Reform 25 Part Two: Tools for Reforming Ethical Standards 31 2.1 A Code of Conduct 34 2.2 Drafting a Code 38 2.3 Assets and Interests 43 2.4 Allowances, Expenses and Parliamentary Resources 49 2.5 Relations with Lobbyists 51 2.6 Other Areas that may Require Regulation 53 Part Three: Monitoring and Enforcement 60 3.1 Making a Complaint 62 3.2 Investigating Complaints 62 3.3 Penalties for Misconduct 69 3.4 Administrative Costs 71 3.5 Encouraging Compliance 72 3.6 Updating and Reviewing Standards 75 Conclusions 76 Glossary 79 Select Bibliography 81 Foreword The public accountability and political credibility of Parliaments are cornerstone principles, to which all OSCE participating States have subscribed. -
Senate Procedure in Practice Index
SENATE PROCEDURE IN PRACTICE INDEX A Acting Speaker When the Speaker and Speaker pro tempore are absent, another senator is chosen ............................ 27 Address in reply to the Speech from the Throne. See Speech from the Throne Adjournment ........................................................................................................................................ 75-76 Adjournment periods ........................................................................................................................ 57-58 Committees Meetings when Senate stands adjourned ...................................................................................... 194 Recall of Senate during adjournment .............................................................................................. 26, 58 When Speaker absent ..................................................................................................................... 26 Sittings ................................................................................................................................................. 58 Due to lack of quorum .................................................................................................................... 62 Amendments. See also Motions Bills Committee reports ........................................................................................................................ 146 Committee stage .......................................................................................................................... -
The Parliamentary Mandate
THE PARLIAMENTARY MANDATE A GLOBAL COMPARATIVE STUDY THE PARLIAMENTARY MANDATE A GLOBAL COMPARATIVE STUDY Marc Van der Hulst Inter-Parliamentary Union Geneva 2000 @ Inter-Parliamentary Union 2000 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the Inter-Parliamentary Union. This book is sold subject to the condition that it shall not be a way of trade or otherwise, be lent, re-sold hired or otherwise circulated without the publisher's prior consent in any form or binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent publisher. ISBN 92-9142-056-5 Published by INTER-PARLIAMETARY UNION Headquarters Liaison Office with the United Nations Place du Petit-Saconnex 821 United Nations Plaza C.P. 438 9th Floor 1211 Geneva 19 New York, N.Y. 10017 Switzerland United States of America Layout, printing and binding by Atar, Geneva Cover design by Aloys Robellaz, Les Studios Lolos, Carouge, Switzerland (Translated from the French by Jennifer Lorenzi and Patricia Deane) t Table of Contents FOREWORD ix ACKNOWLEDGEMENTS xi INTRODUCTION l PART ONE: NATURE AND DURATION OF THE PARLIAMENTARY MANDATE I. NATURE OF THE PARLIAMENTARY MANDATE 6 1. The traditional opposition between national sovereignty and popular sovereignty 6 2. The free representational mandate 8 3. The imperative mandate 9 4. A choice motivated by pragmatic rather than ideological considerations? 10 II. DURATION OF THE PARLIAMENTARY MANDATE.. -
Indigenous People and Parliament P. 24 Moving Forward Together
Canadian eview V olume 39, No. 2 Moving Forward Together: Indigenous People and Parliament p. 24 The Mace currently in use in the Legislative Assembly of Saskatchewan was made in 1906 and used for the first time in March of that year at the opening of the First Session of the First Legislative Assembly. Purchased from Ryrie Bros. Ltd. of Toronto at a cost of $340.00, it is made of heavy gold-plated brass and is about four feet long. The head consists of a Royal Crown with the arches surmounted by a Maltese cross and bears the Royal Coat-of-Arms on the top indicating the Royal Authority. Each side is decorated with a sheaf of wheat, representing the province’s agricultural wealth, a beaver representing Canada and the monogram E.R. VII, representing the sovereign at the time, Edward VII. The shaft and base are ornamented with a shamrock, thistle and rose intertwined. A Latin inscription around the Royal Coat of Arms reads in English, “Edward the Seventh, by the Grace of God of British Isles and Lands beyond the sea which are under British rule, King, Defender of the Faith, Emperor of India”. Monique Lovett Manager of Interparliamentary Relations and Protocol Legislative Assembly of Saskatchewan Courtesy of British Columbia Legislative Library Stick Talking BC Legislature, The Canadian Parliamentary Review was founded in 1978 to inform Canadian legislators about activities of the federal, provincial and territorial branches of the Canadian Region of the Commonwealth Parliamentary Association and to promote the study of and interest in Canadian parliamentary institutions. -
Cataraqui Loyalist Town Crier
CATARAQUI LOYALIST TOWN CRIER The Kingston and District Branch United Empire Loyalists' Association of Canada P.O. Box 635, Kingston, Ontario K7L 4X1 www.uelac.org/kingston https://www.facebook.com/groups/KingstonUELAC/ Kingston and District Branch was granted its charter November 4, 1978 Volume 36, No. 4 – September 2017 NEXT MEETING: Saturday, September 23, 1:00 p.m. at St. Paul’s Church Hall, 137 Queen Street. Topic: “Loyalist Clothing: Design and Fabric for Period-appropriate Costumes”. Garments will be modelled and discussed. Resources will be available. Since our Hospitality Committee will be unavailable that day, we’re suggesting that you may want to gather as a group for lunch beforehand at the Golden Rooster Delicatessen, 111 Princess Street, by noon. Enjoy a self-serve lunch and then leave by the back door, which brings you out on Queen Street just half a block from St. Paul’s. Bring or wear your historic garments to add to the discussion! MAY 30 BANQUET LUNCHEON Kingston & District Branch UELAC Officers President: Peter Milliken Past President: Dean Taylor Vice President: VACANT Secretary: VACANT Treasurer: Gerry Roney Committee Chairs Genealogist: Anne Redish Hospitality: Maureen Long House: Jim Long Library: VACANT Membership & Welcome: Lorraine Sherren Newsletter: VACANT Programme: Jean Rae Baxter Publicity: Nancy Cutway photo: Nancy Cutway UE Web Editor: Nancy Cutway Above: Those who joined us for a delicious meal at Minos Village Restaurant are listening intently as David More, PhD candidate at Queen’s University, speaks about “How Thousands of Loyalists Were Shipped to Eastern Ontario and how such maritime industry shaped the development of Central Canada.” Cataraqui Loyalist Town Crier, Vol. -
RSC 2018 Seminar Bios
Royal Society of Canada Eastern Ontario Regional Seminar Saturday, April 14, 2018, Queen’s University Club, 168 Stuart St, Kingston, ON All Presentations are Free and Open to the Public 10:00 am: Peter Milliken: The Role of the Speaker of the House of Commons Peter Milliken was born in Kingston and after high school he attended Queen’s University beginning in 1964 studying Politics and Economics. He graduated in 1968 and went to Oxford University to study law where he earned a B.A. in 1970 then went to Dalhousie University to get an LL.B. in 1971. He practiced law in Kingston after his call to the Bar in 1973 until 1988 when he was elected M.P. for Kingston and the Islands. He served in the House of Commons until 2011 as M.P. and was Deputy Speaker from 1996 until 2000 and was elected Speaker in 2001 and reelected in 2004, 2006 and 2008 and served until his retirement in 2011. Milliken also has the unique distinction of being the first Speaker to preside over four Parliaments. His legacy includes his landmark rulings on Parliament’s right to information, which are key elements of parliamentary precedent both in Canada and throughout the Commonwealth. He currently resides in Kingston enjoying retirement. 11:00 am: Stéphanie Bélanger: War Trauma, Culture of War and Soldier Identity Dr. Bélanger is the Associate Scientific Director of the Canadian Institute for Military and Veteran Health Research, a unique consortium of 43 Canadian universities dedicated to researching the health needs of military personnel, Veterans and their families. -
50Th Canadian Regional CPA Conference
50th Canadian Regional CPA Conference Gary Levy The Fiftieth Conference of the Canadian Region, Commonwealth Parliamentary Association takes place in Québec City July 15-21, 2012. This article traces the evolution of the Canadian Region with particular emphasis on previous conferences organized by the Québec Branch. ccording to Ian Imrie, former Secretary- Many provincial branches of CPA existed in name Treasurer of the Canadian Region, the rationale only but the idea of a permanent Canadian association Afor a meeting of Canadian representatives appealed to Speaker Michener. within the Commonwealth Parliamentary Association We can, I think, strengthen the Canadian was partly to help legislators develop an understanding Federation by these conferences. I am sure that of the parliamentary process. Also, this meeting, though it brings all too few people from the western provinces to the Maritimes, If we are to have a united country it is important demonstrates the value of it. I am sure that that elected members from one part of the country the other members from the West, who have visit other areas and gain an appreciation of the not visited Halifax would say that today their problems and challenges of their fellow citizens. I understanding of the Canadian Federation do not think I ever attended a conference, would be greatly helped by conferences held including those in Ottawa, where there were first in the East, then in the West and the Centre.2 not a number of legislators visiting that part of the country for the first time. One should not Premier Stanfield wanted to know more about what underestimate the value of such experiences.1 was going on in other legislatures. -
Core 1..146 Hansard (PRISM::Advent3b2 8.00)
CANADA House of Commons Debates VOLUME 140 Ï NUMBER 098 Ï 1st SESSION Ï 38th PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, May 13, 2005 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 5957 HOUSE OF COMMONS Friday, May 13, 2005 The House met at 10 a.m. Parliament on February 23, 2005, and Bill C-48, an act to authorize the Minister of Finance to make certain payments, shall be disposed of as follows: 1. Any division thereon requested before the expiry of the time for consideration of Government Orders on Thursday, May 19, 2005, shall be deferred to that time; Prayers 2. At the expiry of the time for consideration of Government Orders on Thursday, May 19, 2005, all questions necessary for the disposal of the second reading stage of (1) Bill C-43 and (2) Bill C-48 shall be put and decided forthwith and successively, Ï (1000) without further debate, amendment or deferral. [English] Ï (1010) MESSAGE FROM THE SENATE The Speaker: Does the hon. government House leader have the The Speaker: I have the honour to inform the House that a unanimous consent of the House for this motion? message has been received from the Senate informing this House Some hon. members: Agreed. that the Senate has passed certain bills, to which the concurrence of this House is desired. Some hon. members: No. Mr. Jay Hill (Prince George—Peace River, CPC): Mr. -
Constitutional & Parliamentary Information
UNION INTERPARLEMENTAIRE INTER-PARLIAMENTARY UNION CCoonnssttiittuuttiioonnaall && PPaarrlliiaammeennttaarryy IInnffoorrmmaattiioonn Half-yearly Review of the Association of Secretaries General of Parliaments The impact of Brexit as felt by other parliaments in the European Union (Dr Georg KLEEMANN, Germany) The impact of Brexit as felt by other parliaments in the European Union (Peter FINNEGAN, Ireland) The presidential system to be implemented in Turkey in 2019 (Mehmet Ali KUMBUZOGLU, Turkey) The procedure followed in the Senate for the application of Section 155.1 of the Spanish Constitution in relation to the self-governing community of Catalonia (Manuel CAVERO, Spain) The formation of a government in a multi-party democracy (Geert Jan A. HAMILTON, Netherlands) The relationship between Parliament and Government (General debate) The Standing Rules and Reforms in the National Assembly: Parliament of the Republic of South Africa (Masibulele XASO, South Africa) The Parliament of Bahrain’s experiment in communication with community (Abdullah ALDOSERI, Bahrain) Participation of society in the innovation process in parliaments (Mauro Limeira Mena BARRETO, Brazil) Participation of society in the innovation process in parliaments (Ali YILDIZ, Parliamentary Assembly of Turkic-speaking countries (TURKPA)) Free speech and parliamentary privilege in plenary sittings (Charles ROBERT, Canada) Judicial scrutiny over internal parliamentary affairs (General debate) Review of the ASGP / 68th year / No 215 / Geneva, 26 – 28 March 2018 ASSOCIATION DES SECRETAIRES ASSOCIATION OF SECRETARIES- GENERAUX DES PARLEMENTS GENERAL OF PARLIAMENTS UNION INTERPARLEMENTAIRE INTER-PARLIAMENTARY UNION MINUTES OF THE SPRING SESSION GENEVA 26 – 28 MARCH 2018 1 2 INTER-PARLIAMENTARY UNION Aims The Inter-Parliamentary Union, whose international Statute is outlined in a Headquarters Agreement drawn up with the Swiss federal authorities, is the only world-wide organisation of Parliaments. -
Citation Read on the Occasion of the Granting of the Degree of Honorary Doctor of Laws to the Honourable Peter Milliken by the S
Citation read on the occasion of the granting of the degree of Honorary Doctor of Laws to The Honourable Peter Milliken by the Senate of the University of Victoria June 12, 2013 Mr. Chancellor, I have the honour to introduce Peter Milliken, past Speaker of the House of Commons. Mr. Milliken’s life has now come full circle. With detours to Ottawa, Oxford, Halifax, and Ottawa once again, he has returned to his hometown of Kingston, Ontario. Along the way, he has given extraordinary service to his community and country, making significant contributions as an elected representative and the longest-serving leader in the House of Commons during very challenging times. Mr. Milliken’s list of personal attributes is remarkable in its own right. He showed an early fascination for Hansard, the record of parliament’s debates and decisions, both as a teenager and as an undergraduate at Queen’s University. Later, at Oxford University, he developed his interest in jurisprudence and rowing. Blessed with a photographic memory, he trained as a lawyer at Dalhousie University and subsequently practiced with a well-known firm in Kingston. He served many institutions in his local community, teaching at the university, serving on hospital, church and symphony boards, and contributing to the local Liberal association. His deep interest in history and his respect for the nation’s institutions and traditions, have been complemented by a respect for people of all walks of life. He has had an abiding love of the outdoors and of choral and classical music, and has a fine sense of humour.