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CONTENTS

Routine proceedings

Prorogation 6033

Resignation of Hon. Speaker Smith 6034

The House met at 10 a.m.

Prayers.

MR. SPEAKER: Hon. members, 1 must tell you that we are experiencing difficulty with the sound system in the chamber and there will be no amplification of our voices - although there will be recording. The microphones are picking up the sound and it will be on Hansard as our permanent record, but the voices themselves will have to be that which the lord gave us and be beard according to the style that we used to use before the days of electricity and amplification.

MR. KING: Mr. Speaker, I ask that the rules be suspended and ask leave to make a statement regarding the Speaker's office.

MR. SPEAKER: Hon. members, the matter of the proceedings of the House on the day of prorogation is that which is set out and recorded by a previous decision of the Speaker of this House. The business of the House is the business of prorogation of the House. We are here at the command of His Honour the Lieutenant-Governor to hear his address in prorogation. His Honour will very shortly be entering the chamber.

It would seem to me that any matter other than the attendance upon His Honour the Lieutenant-Governor would be inappropriate at this time.

MR. KING: On a point of order, I suggest to you, sir, that the question of suspension of the rules is a matter of the business of the House and that question must be decided by an indication of the House. Leave has been requested, and I suggest, Yr. Speaker, that you are duty bound to put that question to the House.

HON. MR. GARDOM: Mr. Speaker, 1 would respectfully draw the attention of all members to a few salient points. Firstly, this House has been called back not to do business, but to prorogue.

Secondly, it has been a long and thoroughly well-established procedure which I think is best sumarized by May when he said this:

"Not only are the sittings of parliament at an end, but all proceedings pending at the time are quashed." This matter, Mr. Speaker, as you have referred to it, was very carefully researched, and it was considered in depth by the decision of Speaker Dowding. The Journals have recorded his considered opinion of 1975. 1 would like to read the bon. members three quotations, restating the reasons of former Speaker Dowding.

He quoted Redlich's Procedure of the House of Commons, which said this:

"Prorogation is a solemn act of the Crown putting a legal end to the proceedings of both Houses of parliament."He quoted May, 18th edition:

"Just as parliament can only commence its deliberations at the time appointed by the Queen, so it cannot continue them any longer than she pleases." Finally, he also quoted from May:

"The effect of prorogation is at once to suspend all business until parliament shall be summoned again." Members are fully aware of the fact that parliament will be summoned for 2 o'clock tomorrow afternoon. To continue with the quotation:

"Not only are the sittings of parliament at an end, but all proceedings pending at the time are quashed."

Now, Mr. Speaker, this is parliamentary practice, and the parliamentary law of the mother parliament, and it has been substantiated and followed in the province of British Columbia.

MR. SPEAKER: Hon. members, perhaps the best way of resolving the problem is to ask for leave. Shall leave be granted?

Leave not granted.

MR. SPEAKER: His Honour the Lieutenant-Governor is about to enter the chamber. All please rise.

His Honour the Lieutenant-Governor entered the chamber and took his place in the chair.

HON. W.S. OWEN (Lieutenant-Governor): Mr. Speaker and Members of the Legislative Assembly:

My pleasure at being here today is touched with sadness because this may be one of the last opportunities I have to address you.

During the session, 83 bills were passed, some of them of great significance to the future of the province. I wish to express my appreciation for the earnest attention and careful consideration you have given to the matters brought before you.

In 1978, 1 should perhaps mention the first Captain Cook Bi-Centennial Commemoration Act, which provides for the commemoration of the

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landing on our shores 200 years ago of the famed British navigator and explorer Captain James Cook.

The Crown Corporations Reporting Act has already resulted in the establishment of a special committee of the Legislative Assembly to inquire into and examine Crown corporations. Another special committee of this assembly will be making a recommendation on the appointment of an ombudsman under the ombudsman Act. The ombudsman will provide a direct service to the people of this province by helping to ensure a more efficient and fair service to the public. Other legislation was designed to protect the public.

The Travel Agents Registration Act will regulate the sellers of traveler services and provide compensation to people who lose money through defalcation or insolvency of those registered under the Act.

The Ministry of Housing is assisting people over the age of 65 through the Shelter Aid for Elderly Renters Act. Many others are being assisted through new regulations under the Mobile Homes Act.

All our residents will benefit through the preservation of our past under the Heritage Conservation Act.

The British Columbia Resources Investment Corporation Art will provide an opportunity to invest in and benefit from the development of provincially controlled and managed companies.

In the field of labour legislation the Essential Services Disputes Act provides methods for settling disputes in essential government or Crown corporation services.

It is also anticipated that major benefits will develop as a result of the Copper Smelting and Refining Incentive Act.

There are many other bills and a great number of amendments to existing Acts, relating to the responsibility of all ministries.

At the close of this session, I wish to congratulate YOU on the legislative achievements you have made, and I trust that the blessing of Divine Providence will be with you as you shortly resume your duties.

His Honour the Lieutenant-Governor retired from the chamber.

MR. SPEAKER: Hon. members, I wish to take this opportunity to present my observations relating to a matter which has been of concern to me for some time. It is with respect to the position I presently occupy.

The position of Speaker affords the person elected a rare and unique opportunity to serve the Legislature. From the time of my election until the present day I have strived to the utmost of my ability to do just that ~ to serve the legislature, and to serve according to the rules of this assembly on an impartial basis. It has not been an easy task. In actual fact, on many occasions when strong partisan debates rock this chamber, debates frequently laced with recrimination and personal attack, the wisdom of Solomon and the patience of Job would not have been adequate to the task before me. Somehow I persevered and survived. I am convinced that a deep respect for the parliamentary process and a strong conviction that, come what may, the parliamentary system would remain, helped me through some of my darkest hours.

I have been called upon as frequently as any other Speaker of this assembly to rule or advance an opinion on some aspect of parliamentary procedure. In terms of the parliamentary process as it has been revealed to us by the mother parliament, the British Columbia Legislature is still an adolescent, experiencing all the growing pains of rebellious youth. This House has a long ~ay to go to attain the stature and respect that is deservedly accorded to the parliament at Westminster. Of one fact I an sure: the events of recent weeks, including attacks on me personally, make it impossible for me to continue in the untrammelled manner that is a necessary prerequisite of this office.

If this legislature is to survive and mature, all hon. members must start by rededicating themselves to the principles and traditions of parliament that are inculcated in the system we have by good fortune inherited. I have too deep a respect for the Chair and the tradition behind it to remain in office when some consider my presence an inhibiting factor. I therefore stand before you for the final time. My resignation, as required by the Constitution A--t, will be immediately delivered to His Honour the Lieutenant-Governor.

HON. MRS. McCARTHY: It is His Honour the Lieutenant-Governor's will and pleasure that this legislative Assembly be prorogued until 2 o'clock tomorrow afternoon, March 30, and this provincial Legislative Assembly is hereby prorogued accordingly.

MR. SPEAKER: Hon. members, I do now leave the Chair.

The House prorogued at 10:26 a.m.