Honourable senators, since my appointment to the Senate, I had the opportunity to work on several files jointly with Senator Housakos in a frank and transparent collaboration. Of course, I share his desire to improve Senate governance. Motion No. 328 allows us, as members of this chamber, to look at the issue of the appointment of the Clerk of the Senate and, in a wider perspective, to look at reforms needed in our institution.

[English]

The Clerk of the Senate and Clerk of Parliaments is currently one of the three senior officers of the Senate administration, pursuant to a decision made by the Standing Committee on Internal Economy, Budgets and Administration. It has not always been like this. In the past, the Clerk of the Senate was the highest official in the Senate administration, and he was bestowed an administrative authority commensurate with the prominence of his duties. I have already expressed my reservations in regard to the current structure, for I think it is not functional.

But this is not the issue that we are dealing with this evening. The role of the Clerk of the Senate and Clerk of Parliaments is nonetheless part of our parliamentary tradition and we must value it for it is fundamental to the proper functioning of the Senate. He or she must have extensive experience in Parliament, be familiar with the nuts and bolts of our institution and have proven to be a sound manager and not be involved in partisan politics.

Colleagues, as you know, the quality of the work we carry out in this chamber has a lot to do with the expertise of the Clerk and his team who support us every day. Senator Housakos asserted with great relevance that the Senate has always been well served by the people who perform the duties of the Clerk of the Senate and Clerk of Parliaments. This relationship of trust is precious and I think that it would be enhanced if we could play a part in the selection of our Clerk.

[Translation]

Motion No. 328 proposes to call on the Governor-in-Council to appoint the Clerk of the Senate in accordance with the express recommendation of the Senate. Passing it would signify to the government that our chamber wants to be formally included in the appointment process, but without amending the law defining the framework of the process. The appointment of the Clerk of the Senate is made under the Public Service Employment Act, which provides that the appointment is made by the Governor-in-Council.

The government can ask for the advice of the leaders of the various groups in the Senate as well as the advice of the Speaker, in order to guide its choice, but the government has no legal obligation to consult. In addition, even if the government wanted to give the Senate a say in the appointment, we do not have a process in place right now to make the “express recommendation” called for in Motion No. 328, a principle I agree with. Colleagues, the Senate must be rigorous and credible in its process to put an end to the anachronistic situation we face.

My proposed amendment calls on the Committee on Internal Economy, Budgets and Administration to consider how the Senate should submit to the Governor-in-Council its recommendation on the nomination of the Clerk of the Senate. The Committee on Internal Economy is in the best position to examine this administrative issue, and the committee members could look at different options.

I would point out that the Clerk of the House of Commons is also appointed by the Governor-in-Council, pursuant to the Public Service Employment Act. In 2001, the other place adopted a process to consider the nomination of its clerk and enshrined this process in its Standing Orders. The government submits a certificate of nomination for the proposed candidate to the appropriate standing committee for review. This committee then reports to the House of Commons for ratification, and then the Governor-in-Council proceeds with the appointment.

Obviously, the government is not legally required to follow this recommendation, but it voluntarily complies because it recognizes the legitimacy and quality of the process. Should we emulate the other place or develop our own process? For example, when the position is vacant, the Senate could give the Governor-in-Council a list of candidates prepared by an appropriate committee. A special committee made up of representatives from each group in the Senate and the Speaker could also submit one or more candidates to the Senate, which would make its recommendation through a motion.

I am confident that the Committee on Internal Economy would propose a very good process. I therefore move that this amendment, which perfectly complements Senator Housakos’s motion, be adopted, since it would constitute a step towards greater Senate autonomy.

Motion in Amendment

Hon. Raymonde Saint-Germain: Therefore, honourable senators, in amendment, I move:

That the motion be not now adopted, but that it be amended by adding the following before the period:

“; and

That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that it consider and recommend to the Senate, no later than the fifteenth day the Senate sits after the adoption of this motion, a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments”.

Thank you.