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Parliamentary procedure is often
criticized as being complex and archaic. Complex it
certainly is, and with good reason. Because of the
antiquity of its origins there are also certain archaic
elements about it. But is serves its purpose and is
continuously evolving in order to meet the changing
needs of Parliament. The purpose
of Parliamentary procedure is to provide the conditions
in which free and representative debate can take place.
It is designed to allow minority opinion to be expressed
without unreasonable restrictions and to enable the
House to reach decisions on the issues before it without
undue obstruction and delay. Its complexities serve to
protect the rights of all Members collectively and
individually.
The procedure of the Canadian House of
Commons is based on that of the British House of Commons
although there are many important differences of detail.
Parliamentary procedure consists of three main elements:
the traditional practice, the Standing Orders and the
accumulated precedents.
The traditional practice provides the
fundamental framework of procedure. The Standing Orders
are a later development which have introduced new
procedures and imposed time limits and restrictions
necessitated by pressure on parliamentary time. The
accumulated precedents form the parliamentary case-law
and derive from rulings of successive Speakers
interpreting both the traditional practice and the
Standing Orders.
There is a fourth element:
parliamentary convention - usages for which no rules
provide but which are based on mutual agreement and the
general will of the house.
A fundamental rule of procedure is
that no debate can take place unless there is a motion
before the House. The wording of a motion must conform
with accepted parliamentary practice and be framed in
such a way as to enable the House to reach a firm
decision on it. A motion is normally subject to
amendment and all amendments must be disposed of before
the main motion is voted on. At the end of the debate
the motion may be adopted, with or without, or rejected. |
