B.C. Liberals seek clarity on rules
Questions about role of Speaker in breaking ties could become crucial if government falls
VICTORIA — B.C.’s Liberal government is seeking clarity on the rules of the legislature days before it is expected to fall on a confidence vote, in a move opponents say is designed a encourage a new election.
The Liberal house leader, Mike de Jong, sent a letter to Speaker Steve Thomson on Tuesday asking him to rule on how a Speaker might break tie votes in the house and manage other procedural problems under a minority parliament.
The clarification is important, said de Jong, because an NDP-Green government would have 44 votes to the Liberals’ 43. If the NDP or Greens provided an MLA for Speaker, it would mean a tie of 43-43 on votes, with the Speaker potentially having to routinely break ties.
A Speaker historically votes to maintain the status quo, rather than to pass legislation on third reading, de Jong said, citing his research, a conversation with the Clerks of the House of Commons in Ottawa this week, and an examination of parliamentary precedent in B.C., Ottawa and the United Kingdom. But precedent is not law. “The authorities to me suggest at a tie vote, when the bill gets to third reading, the Speaker, unless it is a confidence bill, is bound to vote against third reading,” said de Jong. “That makes passage of a bill impossible in that case.”
The assertion that a NDP-Green government would fail to pass legislation brought a strong retort from NDP house leader Mike Farnworth.
“It seems to me to be another in a series of attempts by this government to deny the obvious, which is they are going to be defeated … and they are desperately trying to find a way to cling to power or to have an election they profess not to want,” he said.
Farnworth later sent a letter to Thomson saying he’d “risk bringing the office of the Speaker into disrepute” by wading into the debate.
The NDP and Greens have said they will topple the Liberal government Thursday on a confidence vote. When that happens, Lt.-Gov. Judith Guichon must decide whether to ask NDP Leader John Horgan to form government or to call a new general election.
Farnworth said that a ruling by Thomson would pre-empt Guichon’s deliberations and that “part of her constitutionally protected consideration process will surely include a deliberation on the traditional role of the Speaker.”
Green Leader Andrew Weaver said there’s no point debating the issue of the Speaker until the Liberals are defeated and the NDP are the government. Until then, it is just hypothetical and a distraction, he said.
“That is a discussion we should have once we actually come back with the ability for Mr. Horgan to see if he can test confidence,” said Weaver.
De Jong conceded “it’s possible” his letter could influence Guichon’s decision about whether to call on the NDP. But he insisted his main purpose in seeking clarity is to help the 27 new MLAs understand the rules and precedent that govern the legislature.
Thomson — who was elected to the Speaker’s job last week — is expected to seek advice and research on the issue and provide a response before Thursday’s confidence vote.