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September 4, 2003

HANSARD 03-1

DEBATES AND PROCEEDINGS

Speaker: Honourable Murray Scott

Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer.

Available on INTERNET at http://nslegislature.ca/legislative-business/hansard-debates/

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First Session

THURSDAY, SEPTEMBER 4, 2003

TABLE OF CONTENTS PAGE
COMMISSION FROM LIEUTENANT GOVERNOR 1
ELECTION OF MR. MURRAY SCOTT AS SPEAKER, The Clerk 2
GOVERNMENT NOTICES OF MOTION:
Res. 1, Rules of the House: Chairman of Committees and
Deputy Speaker [Rule 11] - Suspension, The Premier 3
Vote - Affirmative 4
APPOINTMENT OF DEPUTY SPEAKERS 4
INTRODUCTION OF BILLS:
An Act Respecting Oaths of Office, Hon. M. Baker 6
GOVERNMENT NOTICES OF MOTION:
Res. 2, Standing Committees: Special Committee - Appointed [Rule 60],
The Premier 6
Vote - Affirmative 7
ADJOURNMENT, House rose to meet again on Thur., Sept. 25th at 2:00 p.m. 7

[Page 1]

HALIFAX, THURSDAY, SEPTEMBER 4, 2003

Fifty-ninth General Assembly

First Session

11:00 A.M.

[The First Session of the 59th General Assembly was opened on an overcast day.]

SERGEANT-AT-ARMS: All honourable members take their places.

THE CLERK: The honourable Premier.

HON. JOHN HAMM (The Premier): Members of the House of Assembly, a Commission has been issued by Her Honour, the Honourable Myra Freeman, Lieutenant Governor of Nova Scotia, which I shall read. It is as follows:

"Hon. John F. Hamm

Premier of Nova Scotia

Greetings:

Whereas the present General Assembly of the Province of Nova Scotia was summoned to meet on Thursday, the fourth day of September next, then to be begun and held at Halifax, from which date the said General Assembly will meet for the dispatch of business;

And inasmuch as I cannot conveniently be present in the said Legislature until the Members who have been elected to serve in the House of Assembly have elected their Speaker;

Now therefore I have thought fit to require and command you, and do hereby require and command you, to convey and declare to the Members of the House of Assembly that I will defer declaring the causes for which I have summoned them to assemble until the House of Assembly has elected a Speaker who shall be presented in the said House for my approbation.

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Given under my Hand and Seal at Arms this 4th day of September, in the year of Our Lord two thousand and three and in the 57th year of Her Majesty's Reign.

(Signed) Myra A. Freeman

Lieutenant Governor of Nova Scotia."

THE CLERK: Honourable members, I have the honour to table the returns of the most recent general election and to report that 52 members have taken the Oath and signed the Roll and they therefore claim the right to take their seats in this place.

We will now proceed with the election of Speaker for the 59th General Assembly.

The honourable Premier.

THE PREMIER: I present to the Assembly the nomination of the member for Cumberland South, Mr. Murray Scott, for the position of Speaker of the House.

THE CLERK: Does the honourable member accept the nomination?

MR. MURRAY SCOTT: I do.

THE CLERK: The honourable Leader of the Opposition.

MR. DARRELL DEXTER: I move to second the nomination of the member for Cumberland South.

MR. CLERK: The honourable Leader of the Third Party.

MR. DANIEL GRAHAM: I concur with the motion put forward and the seconding by the Leader of the Opposition and the Premier.

THE CLERK: Are there any other nominations? Hearing none, I declare the member for Cumberland South Speaker of the House of Assembly of the Province of Nova Scotia. (Standing Ovation)

MR. SPEAKER: Please be seated. Honourable members of the House of Assembly, I thank the House for the great honour that has been bestowed upon me today. I will do my best to uphold the prestige and high tradition of the Speaker's Office. I respectfully ask the assistance and co-operation of all members, as I have had in the past.

The honourable Government House Leader.

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HON. RONALD RUSSELL: Mr. Speaker, would you please call the order of business, Government Notices of Motion.

GOVERNMENT NOTICES OF MOTION

MR. SPEAKER: The honourable Government House Leader.

RESOLUTION NO. 1

HON. RONALD RUSSELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Therefore be it resolved that:

(a) Rule 11 of the Rules and Forms of Procedure be suspended for this 59th General Assembly;

(b) One Chairman of Committees and Deputy Speaker be nominated by each of the caucuses;

(c) Each Chairman of Committees and Deputy Speaker nominated be approved by the House of Assembly;

(d) The Chairman of Committees and Deputy Speaker from the Government Caucus be the Deputy Speaker within the meaning of the House of Assembly Act; and

(e) Subject to Clause (d) the powers and duties of the Chairman of Committees and Deputy Speakers under the Rules and Forms of Procedure be as assigned by the Speaker;

(f) The annual salary of the Deputy Speaker, established pursuant to the House of Assembly Act, be divided equally among the three Chairmen of Committees and Deputy Speakers.

Mr. Speaker, I request waiver of notice and passage without debate.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

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The motion is carried.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call upon the Leaders of the three Parties to bring the name of their nominee forth.

MR. SPEAKER: The honourable Premier.

THE PREMIER: Mr. Speaker, for the position of Deputy Speaker, I submit the name of Mr. James DeWolfe, the member for Pictou East.

MR. SPEAKER: The honourable Leader of the Official Opposition.

MR. DARRELL DEXTER: Mr. Speaker, on behalf of the New Democratic Party caucus, I place in nomination the name of the member for Dartmouth East, Ms. Joan Massey.

MR. SPEAKER: The honourable Leader of the Liberal Party.

MR. DANIEL GRAHAM: Mr. Speaker, on behalf of the Liberal caucus, I put in name the member for Cape Breton West, Mr. Russell MacKinnon, to be Deputy Speaker.

MR. SPEAKER: The motion is for the appointment of the three Deputy Speakers.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

SERGEANT-AT-ARMS: Her Honour, the Lieutenant Governor, is without.

MR. SPEAKER: Let her be admitted.

SERGEANT-AT-ARMS: Her Honour, the Lieutenant Governor.

[The Lieutenant Governor, the Honourable Myra A. Freeman, preceded by her escort and by Mr. Noel Knockwood, Sergeant-at-Arms, bearing the Mace, entered the House of Assembly Chamber. The Lieutenant Governor then took her seat on the Throne.

[Page 5]

The Sergeant-at-Arms then departed and re-entered the Chamber, followed by the Speaker, the Honourable Murray Scott; the Chief Clerk of the House, Roderick MacArthur, Q.C.; Assistant Clerk Arthur Fordham; and Assistant Clerk Neil Ferguson.

The Speaker, with the Sergeant-at-Arms on his right and the Clerks on either side, took up his position at the foot of the Speaker's Table.]

[11:15 a.m.]

SERGEANT-AT-ARMS: It is the wish of Her Honour, the Lieutenant Governor, that the ladies and gentlemen be seated.

THE PREMIER: May it please Your Honour, the House of Assembly, agreeable to Your Honour's command, has proceeded to the choice of a Speaker and has elected Murray Scott, member for the electoral district of Cumberland South, to that Office and by its direction, I present him for the approbation of Your Honour.

THE LIEUTENANT GOVERNOR: I approve of the Speaker whom the House of Assembly has chosen.

MR. SPEAKER: Your Honour's ready approval of the choice with which I have been honoured by the House, having constituted me, in due form Speaker of the House of Assembly, it has now become my duty in the name of the representatives of Her Majesty's loyal subjects, the people of this Province, respectfully to demand all their accustomed rights and privileges, and that they shall have freedom of speech in their debates, that they may be free from arrest during their attendance in Parliament, and that I, as their Speaker, may have free access to Your Honour's person.

THE LIEUTENANT GOVERNOR: I most cheerfully grant your request and declare that this House is now in session.

[The Speaker and the Clerks left the Chamber.

The Lieutenant Governor left the Chamber preceded by her escort and the Sergeant-at-Arms.

Mr. Speaker took the Chair.]

MR. SPEAKER: Please be seated.

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[INTRODUCTION OF BILLS]

MR. SPEAKER: The honourable Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, I beg leave to introduce a bill entitled An Act Respecting Oaths of Office.

MR. SPEAKER: Ordered that this bill be read a second time on a future day.

[GOVERNMENT NOTICES OF MOTION]

MR. SPEAKER: The honourable Premier.

RESOLUTION NO. 2

THE PREMIER: Mr. Speaker, I hereby give notice that on a future day I shall move a resolution in the following form:

Therefore be it resolved that:

(a) Pursuant to Rule 60, a Special Committee be appointed whose duty it shall be to prepare and report, with all convenient speed, lists of members to compose the Standing Committees of the House and that:

(i) the said Standing Committees be constituted for the life of this Assembly;

(ii) the lists be deposited in the Office of the Chief Clerk and that the committees be established with full authority from the date the lists are deposited in the Office of the Chief Clerk;

(iii) the Chair of each committee be the member named as Chair of that committee;

(iv) the said committees be severally empowered to examine and inquire into all matters and things as may be referred to them by this House; and

(v) the said committees be severally empowered to, from time to time, report to this House their observations and opinions, thereof, with power to send for and examine witnesses and records, and to extend to any witness the protection of the House;

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(b) The Special Committee be composed of the following three members: Hon. Ronald Russell, Chair; Committee members: Mr. Kevin Deveaux and Mr. Manning MacDonald;

Further, Mr. Speaker, in accordance with Rule 33, I ask that the normal notice for this motion be dispensed with and that this resolution be now adopted.

MR. SPEAKER: Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I move that the House do now rise to meet again on September 25th at the hour of 2:00 p.m. The order of business will be the Speech from the Throne.

MR. SPEAKER: The motion is that the House adjourn until September 25th at 2:00 p.m.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The House is adjourned until 2:00 p.m. on September 25th.

[The House rose at 11:22 a.m.]