Mr. Speaker, I am very pleased to participate in the debate on private member's Motion No. 590, presented by the member for Souris—Moose Mountain. The motion deals with the most fundamental means of expression for an individual member of Parliament, the choice of how to vote on a particular issue. The motion reads:

That, in the opinion of the House, all Members of Parliament should be allowed to vote freely on all matters of conscience.

The motion speaks to the important representational role that individual members of Parliament play in this institution. Before explaining how it does so, I would first like to turn to examining the motion itself and what it calls on members of this place to support.

If we break down the motion, it actually deals with two important concepts. First is the concept of free votes. While I think it is obvious to us all what the meaning of a free vote is, it is interesting to note how little information there is available to explain the concept and what the practice is with regard to free votes.

In the House of Commons' Glossary of Parliamentary Procedure, a free vote is defined as:

Non-procedural term, meaning a vote during which party discipline is not imposed on individual Members. Votes on Private Members' Business are usually conducted as free votes.

The glossary contrasts the concept of a free vote with that of a party vote. A party vote is defined as:

A division on a question during which Members follow the instructions of their respective Whips so as to reflect the official positions of their parties.

Notably, the Standing Orders do not define or provide any guidelines regarding a free vote in the House of Commons.

The other concept that is related to this motion in addition to the concept of the free vote is what constitutes a matter of conscience. In the context of this motion, it is important to have some grasp of what a matter of conscience is in order to provide some delineation of what types of scenarios might call for a free vote. Again, there is not a definition of what a matter of conscience is in the motion itself or in the Standing Orders. We do know that a free vote is often said to be synonymous with a conscience vote, usually referring to issues which tend to be more contentious and of a personal nature for an individual member. In the past, this has included, depending on the party, matters such as same-sex marriage and capital punishment. These are matters for which individual members often have strong personal convictions. Importantly, they are also issues that tend to raise strong feelings among constituents, who are more likely to pay attention to how their elected member of Parliament represents the prevailing sentiments in the riding in the House of Commons.

To sum up, neither of these two core concepts to Motion No. 590 are strictly defined anywhere. However, clearly these are votes where party discipline is relaxed and members may vote according to their own convictions in their individual roles as elected representatives.

In practice, a decision on whether or not to hold a free vote is decided by each party on a case-by-case basis. Party whips provide instructions to individual members regarding the party's position and whether or not party discipline is to be applied to a particular vote.

While each party has its own criteria for determining whether or not a free vote will occur, suffice to say that there are cases where all parties will want to ensure that members vote as a bloc on certain issues. In our system of responsible government, a decision on whether to enforce party discipline on a vote takes on particular importance in relation to the confidence convention, where a loss of confidence can lead to the dissolution of Parliament.

In cases where confidence is not an issue, should a government be defeated on a vote, it does not amount to an expression of non-confidence in the government. That is why the glossary cited above observes that free votes are mostly seen for private members' business where confidence is generally not an issue.

However, even where it is not a matter of confidence per se, matters of fundamental importance to a party may also require party discipline to be applied in a given case. These are matters that relate to fundamental positions that the party has taken on certain issues where the party's position is seen to be irrevocable and important to achieving the party's policy and legislative objectives. Therefore, there are good reasons why a party should apply party discipline for certain votes in the House of Commons.

First, it can assist and maintain the balance of responsibility and accountability in the House. Consistent with the principles of responsible government, the government should be held accountable for its decisions.

Second, it can avoid blurring the lines between government and opposition on matters of fundamental importance to a party, thereby making it more difficult for the electorate to hold a party to account.

Third, it can assist in respecting democratic outcomes by ensuring that the electoral platform Canadians have voted for is effectively implemented by the party that was chosen to form government.

Of course, changing the key supports of party discipline is certainly not what is being proposed by Motion No. 590. The fact that free votes cannot apply in all cases in no way diminishes the importance and the role that they can play in our parliamentary system. Free votes are an important recognition of the role that members of Parliament play in representing their constituents. One of the key roles of members of Parliament is the link that they provide between their constituents and Parliament, both through representing the constituency in Parliament and also in keeping their constituents informed about government policies and legislation.

Most members are affiliated with a particular party when they are elected, which they have chosen to join because they agree with the party's fundamental policies and objectives. As a result, members tend to support their party's position the majority of the time. That is one of the important underpinnings of our electoral system which uses political parties to provide distinct options to Canadians, and it is a key element in contributing to the effectiveness of our parliamentary process. However, that does not diminish the representative role of members, and exercising their right to vote is a key feature of that role.

I mentioned earlier that there are some natural tensions that arise for individual members as these three features of our parliamentary system interact with each other. On the one hand, members have their constituents to answer to, and their constituents may be particularly vigilant when it comes to some of the more contentious issues that are sometimes addressed in Parliament. There is a certain amount of pressure on a member to vote in a fashion that reflects their community's wishes or interests. At the same time, members often have their own personal convictions on certain issues.

On the other hand, members also belong to a party that represents particular ideals which are fundamental to the party's position on the national interest. On matters of conscience, the individual member must reconcile the different roles that he or she plays as a key actor in our parliamentary system. Motion No. 590 recognizes the balance that empowers members of Parliament: free votes for members on matters of conscience.

Before concluding, I would like to note how appropriate it is that Motion No. 590 has brought this issue to the House as a matter of private members' business. Our system for private members' business provides an important opportunity for individual members to bring forward legislation or motions, as is the case with the motion before us today. Private members' business is more likely than ordinary legislation to be the subject of a free vote. It is an important expression of an individual member's role in Parliament, and I commend the member for Souris—Moose Mountain for moving the motion.

In conclusion, our government has shown a commitment to providing Canadians with the principled and accountable government that the country deserves. We continue to be open to initiatives that strengthen the role of parliamentarians and improve parliamentary procedures. It is important that we acknowledge all of the important roles that members of Parliament perform in our parliamentary system, including the representational role played by individual members of Parliament in the House of Commons.

Dave Van Kesteren

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Private Members' Business

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