Hon. Percy E. Downe: Thank you for the clarification, Your Honour. When I came into the Senate today, I thought we were conducting a fictional essay-writing contest when I heard Senator Plett’s speech because there was an absence of serious facts on the point of order.

When I raised the point of order originally, I did it in an intentionally vague way so as not to offend the Conservative members of the Senate. Obviously, that didn’t work, so let me be more direct today.

To your point, Your Honour, the issue is not what the Prime Minister said or did not say. The issue is the inappropriate language used in the Senate of Canada. That’s my point of order: The language of our colleagues was inappropriate.

As an aside, I understand the frustration. I have sat in this chamber in opposition to the government. Many days, I would get up and wonder why Prime Minister Harper was doing what he was doing. I don’t recall anyone at the time calling him a “liar.” In fact, I recall the Conservative government of the day in the Senate objecting to some senators calling him “Harper” as opposed to Prime Minister Harper. That’s how outrageous we were at the time. We are in a different place today. I don’t think it is helpful.

It is not imported from the United States. We have had a long history of this behaviour in Canada, but we have always been able to check it, and it is important that this institution rise to the occasion.

Directly to the point of order, I will say this: As Your Honour has indicated, rule 6-13(1) reads:

All personal, sharp or taxing speeches are unparliamentary and are out of order.

Rule 6-13(2) reads:

When a Senator is called to order for unparliamentary language, any Senator may demand that the words be taken down in writing by the Clerk.

And rule 6-13(3) is as follows:

A Senator who has used unparliamentary words and who does not explain or retract them or offer an apology acceptable to the Senate shall be disciplined as the Senate may determine.

I will get to that last point at the conclusion of my remarks.

The purpose of these Rules is “. . . for the preservation of decorum and order in the Debates and proceedings of the Senate.” That is really the question before us: How do we want to keep decorum in debate in the Senate appropriate?

In Beauchesne’s Parliamentary Rules and Forms, the largest number of rulings by the Speaker of the House of Commons deals with the term “lying,” “lies” or a similar expression. It is generally accepted that the term “lying” is considered unparliamentary behaviour as it can only serve to question the motives of any members regarding their actions. In 2000, the then-Speaker of the Senate made the following statement regarding the use of unparliamentary language about members of the House of Commons:

I return to my comment that it is important in this house that we treat each other with respect. It is equally important when we speak to persons outside this house, particularly those who cannot respond, that we treat them with respect.

In other words, if the person who is accused is not in the Senate to defend themselves.

Colleagues, as we all know, contrary to the House of Commons, the role of the Speaker of the Senate is very limited. It is up to the Senate itself to regulate its affairs. The Speaker cannot name a senator, like the House, and he cannot require an apology. In the same ruling mentioned above, the Speaker commented on his authority. This is again from 2000:

I remind honourable senators that the position of the Speaker in this place is very different from that of the Speaker in the other place. The practice and long-established custom is that senators regulate themselves, and that the Speaker has a limited responsibility insofar as interfering. I will admit the rule does provide, in case of serious conditions, that the Speaker can interfere, but normally that rule is not followed.

Having said that, honourable senators, the rules indicate that as Speaker I have no authority in this matter. I do not have, as the House of Commons has, the authority to name a senator. If I did take that authority, I would have no means of enforcing it. It is up to the chamber.

That raises the question of what we do. What we’ve done in the past is that the largest group in the Senate — and this time it would be the Independent Senators Group — decides what action should be taken. It is not my place as an individual, but, traditionally, the largest group in the Senate has worked on the conduct of the Senate. They have options for motions or calling a senator to the bar. That should be considered if they think this language is demeaning to the Senate of Canada. It is not the type of parliamentary language we should be using to try to get our points across, and it doesn’t serve the politics of Canada in any measure at all.

My final comment is that I can’t understand, quite frankly, why the Conservatives are doing it. Their base believes these comments anyway. And the swing voters, who may vote for them because of their opinion on justice or economic issues, are turned off by this behaviour. I don’t see the political upside, but that’s an aside.

Thank you, colleagues.