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Section 2 |
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HOW DOES PRIVATE MEMBERS’ BUSINESS WORK? STEP THREE: |
Government bills and motions are called for debate in the order the government chooses. However, items of Private Members’ Business are called according to their place in the Order of Precedence. Only those items in the Order of Precedence may be considered during Private Members’ Business Hour. The order in which Members may place an item in the Order of Precedence for debate is based on their position in the List for the Consideration of Private Members’ Business. Requests for exchanges of position between Members in the List for the Consideration of Private Members’ Business are not permitted. The List for the Consideration of Private Members’ BusinessAt the beginning of a Parliament, and sometimes during the course of a Parliament, the names of all Members are drawn to establish a List for the Consideration of Private Members’ Business. The draw is conducted by the Speaker with the assistance of another Chair occupant and organized by the Private Members’ Business Office acting on behalf of the Clerk of the House. At least 48 hours before the draw is held, the Clerk of the House notifies Members of the date, time and place of the draw. Members and their staff may attend the draw, but their presence is not required. All Members’ names are placed on the List for the Consideration of Private Members’ Business, whether they have submitted an item of Private Members’ Business or not. Since the Speaker, Deputy Speaker, Ministers and Parliamentary Secretaries are ineligible to take part in Private Members’ Business, their names are moved to the bottom of the List, where they will remain as long as they hold office. Members who become eligible to participate in Private Members’ Business during the course of a Parliament, for example Members elected in by-elections, are added to the bottom of the list of eligible names. If more than one Member is elected during by-elections held on the same day, a draw is organized for those Members to determine in which order they will be added to the existing List. When fewer than 15 eligible names remain on the List, a draw is held to establish a new List for the Consideration of Private Members’ Business. The Order of PrecedenceThe Order of Precedence is established by transferring to it the names of the first 30 eligible Members on the List for the Consideration of Private Members’ Business. This occurs on the twentieth sitting day following the random draw. In order to be eligible to be transferred to the Order of Precedence, a Member must have at least one of the following items: either a bill that has already been introduced and given first reading or a motion that has been placed on notice (including a Motion for the Production of Papers that has been transferred for debate). A Member who does not have at least one of the above items at the time his or her name is ready to be transferred to the Order of Precedence is dropped from the List for the Consideration of Private Members’ Business. He or she will only be eligible again once the List for the Consideration of Private Members’ Business is exhausted or at the beginning of the next Parliament. After the transfer of the first thirty names, the Order of Precedence is replenished when necessary by adding the names of the next 15 Members, with an eligible item, on the List. If a Member whose name has been placed in the Order of Precedence has more than one bill or motion, then the Private Members’ Business Office contacts the Member by letter to ask him or her to choose one item from among those in his or her name at the time of the establishment or replenishment of the Order of Precedence. The Member has until the ordinary time of adjournment on the second sitting day after the establishment or replenishment of the Order of Precedence to inform the Private Members’ Business Office in writing of the item chosen. If the Member fails to indicate a choice, then the first bill that he or she introduced in the House is deemed to have been chosen and is placed in the Order of Precedence. When there are no bills standing in the name of the Member, the first motion standing in his or her name will be selected or, if required, the first notice of motions (papers). The items added to the Order of Precedence are published in the Order Paper.
A Member may decide that he or she no longer wishes to debate a particular bill or motion and thus does not wish to see it placed in the Order of Precedence. The Member may remove a motion which is outside the Order of Precedence simply by writing to the Journals Branch; likewise for a bill which is on notice for introduction and first reading. If, however, the Member wishes to remove a bill which has been given first reading, he or she must request the unanimous consent of the House since the House has ordered that the bill be set down for second reading. Once an item is placed in the Order of Precedence, the Member must seek the unanimous consent of the House to remove it. |