Parliamentary Rules Concerning Private Members’ Bills
A recent trend in Canada’s Parliament has seen an increase in the number and complexity of private Members’ bills (PMBs) that have received Royal Assent. These PMBs frequently go beyond changing the name of a riding or declaring a commemorative day to amend such complex pieces of legislation as the Criminal Code. Given the rise in the number and importance of PMBs, this article poses the question as to whether the rules of Parliament concerning PMBs are fit for the task. Those rules give the government of the day a great deal of control over the progress of its legislation but do not do the same when it comes to a PMB. The relatively few resources allocated to a PMB raises the question as to whether it is taking on more weight than its institutional structure can bear. Some suggestions are offered to ensure that PMBs receive the full and frank discussion they deserve.
A recent trend in Canada’s Parliament has seen an important change in the way public policy is debated and then enacted. This is due to an increase in the number and complexity of private Members’ bills (PMBs) that have received Royal Assent. In the two Parliaments of Brian Mulroney’s tenure as Prime Minister (1984-1993), 32 PMBs received Royal Assent, with 18 of these changing the name of an electoral district.1 By comparison, in the three Parliaments of Stephen Harper’s tenure as Prime Minister (2006-2015), 63 PMBs received Royal Assent, none of which dealt with riding name changes. Not only have the raw numbers of PMBs increased, but they now deal more frequently with amendments to such complex pieces of legislation as the Criminal Code.2 From 1910 to 2005, 13 PMBs were adopted that dealt with criminal justice policy. From 2007 to 2015, this number increased by 20.3 The number that took almost a century to reach was exceeded in less than a decade. Given the rise in the number and importance of PMBs, this article poses the question as to whether the rules of Parliament concerning PMBs are fit for the task.
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