Mr. Speaker, it is an honour to participate in today's discussion of Motion No. 590 and try to get back on track. As we know, the motion concerns free votes on matters of conscience. I think all members would agree this is an important topic and Canadians want to know where parties stand on this issue.

My colleague, the member for Souris—Moose Mountain, has continued in a recent trend in private members' business by bringing forward a motion that pertains to how we conduct ourselves and do business in the House of Commons. I applaud the member for bringing forward such a straightforward motion. It might be one of the most direct and to the point motions we have had the pleasure to debate in this session of Parliament.

It reads:

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

I would like to spend my time today reviewing some of the history of the use of the free vote in Parliament and our government's record in that regard.

I have a quick comment on the motion itself. It is worth mentioning, given our system of responsible government and the importance of confidence convention, the member for Souris—Moose Mountain has made the important distinction of limiting the motion to matters of conscience. No one would disagree that party solidarity on confidence matters is crucial, given the important consequences.

At the other end of the spectrum, matters of conscience are those where the representative role of individual members is the most acute. I hope no one would disagree that free votes are particularly important on these matters. We have seen a number of private members' motions come forward that address issues related to how we do business in this place and also the role we play as members of Parliament. Similarly, the motion addresses one of the most important roles we perform, and that is voting.

When I took a moment to compare the motion with some of the others we have debated in this session there was one clear difference that struck me, which I will address in a moment.

Since the start of 2014, the House of Commons has adopted Motion No. 428 from the member for Burnaby—Douglas, regarding the implementation of an electronic petitions system. We also passed Motion No. 431 from my colleague, the member for Saskatoon—Humboldt, related to the study of the process for selecting the chairs of committees of the House. The House also adopted Motion No. 489 from my colleague, the member for Lanark—Frontenac—Lennox and Addington, to study the process for electing the Speaker of the House of Commons.

A common thread among those motions is that they all required a consideration of the standing orders, the rules that govern the House. As members know, the standing orders are carefully balanced based on parliamentary principles and traditions and reflect the interests of all members. They set out in detail how things such as petitions or the selection of committee chairs are handled.

It is in relation to the rules of the House of Commons that I discovered a key difference between Motion No. 590, which we are debating today, and the other three motions I just outlined. What I noted is that when one takes a close look at the standing orders, nowhere does one find a reference to a free vote. As noted on page 576 of House of Commons Procedure and Practice, 0 'Brien and Bosc, it states:

There are no rules or Standing Orders defining a "free vote" in the House of Commons ... Simply defined, a free vote takes place when a party decides that, on a particular issue, its Members are not required to vote along party lines, or that the issue is not a matter of party policy and its Members may vote as they choose.

What we can conclude from this omission from the standing orders, and what Canadians should know, is that the principle of free votes and when they are used rests with each individual party.

How is it then that each party has used free votes in this place? As I mentioned at the outset, given our system of responsible government, I would suspect that all parties agree there is a need for party discipline when it comes to voting on such matters as, for example, the budget and main estimates. These have traditionally been matters of confidence. However, in what sort of circumstances have members been afforded freedom in how they vote? Let us look at some examples.

As stated in O'Brien and Bosc on page 577, it is not clear when the first free vote took place in the House of Commons, but that the first free vote of note took place in 1946, on the matter of milk subsidies. While voting down the government's intent to eliminate milk subsidies was not necessarily a matter of conscience, it did open the door to free votes on several key matters of government business through the 1960s, 70s and 80s. The national flag debate in 1964 was treated as a free vote.

Similarly, as noted by Ned Franks in his November 1997 article in Policy Options, the issue of capital punishment and abortion, as items of government business, were treated as free votes by the Progressive Conservative Party and the Liberal Party over those three decades. For example, there were a number of free votes on capital punishment, including the original legislation to abolish capital punishment in 1967, which passed, and a motion to reinstate capital punishment in 1987, which was defeated.

Generally, the well-publicized free votes that have taken place since 1946 have been largely limited to matters of morality and conscience. Following the significant reforms to private members' business brought about by the 1985 third report of the Special Committee on Reform of the House of Commons, known as the McGrath reforms, there has been an even greater opportunity to have free votes. The McGrath reforms resulted in more private members' business being introduced and debated, resulting in more free votes. Importantly, these are also the matters of most significance for individual members and their constituents.

We as a government are quite proud of the record number of private members' bills that have become law under our government. I would contend that our government has a demonstrated record with free votes, especially on matters of conscience. Let me highlight two examples that would back this up.

Bill C-624, introduced by my colleague, the member for Ottawa—Vanier, called to amend the National Anthem Act, which was a gender issue. The second reading vote on the member for Esquimalt—Juan de Fuca's Bill C-279 on gender identity is another prime example. The vote passed 150 to 132 on June 6, 2012, with 15 government members voting differently than the majority of their caucus.

What are the characteristics of our Parliament that are relevant to this debate? First, our system is modelled after what is known as the Westminster style of government; that is, after the parliamentary institutions that emerged from the United Kingdom over the past 800 years. Legislative power is vested in Parliament to become law. Legislation must be assented to by each of Parliament's three constituent parts: the House of Commons, the Senate and the Crown.

The executive powers of government, in other words the power to implement government policies and programs, are formally vested in the Crown, but effectively exercised by the Prime Minister and cabinet, which belong to the governing party. The executive function is fulfilled by the Governor-in-Council, which is, practically speaking, the Governor General acting with, and on the advice of, the Prime Minister and the cabinet. The role of the executive is an important aspect of the principle of responsible government, which is a cornerstone of Westminster-style parliaments. The Prime Minister and cabinet are responsible to, and must answer to, the House of Commons for their actions.

Another important characteristic of our parliamentary system is that our Parliament is also the forum for our representative style of government. Members of Parliament are individually elected to represent their constituents within a single electoral district, and that is their representative role. In addition, members generally have campaigned and been elected as a member of a particular political party, and thus also have a responsibility to their constituents and parties to uphold the overall objectives of their parties.

This leads us to another key feature of our parliamentary system, which is the role of party discipline. This is the practice whereby individual members of a party are strongly encouraged to support their party's position on issues of importance to that party. This practice is not enshrined in the Standing Orders, but plays an important role in ensuring that the government of the day is held to account for its actions, making it clear to Canadians what the positions of the official opposition and other parties are in Parliament. At the end of the day, political parties are formed to accomplish certain collective goals and to represent key shared values. To do this, they require MPs to stand together so there is no ambiguity as to where the party stands.

I am proud to be a member of a party that stands for clear policies and stands up for essential Canadian values, and one of those values is the recognition that some matters are of such importance that members should be free to vote their conscience. This government will support the motion, and I expect that all hon. colleagues who respect the democratic process will do so as well.

Dave MacKenzie

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