Inside Politics

Private Members' Biz Watch: Is the CNOOC/Nexen merger the next "human being" debate?

by Kady O'Malley Posted: September 28, 2012 7:29 AM Last Updated: September 28, 2012 8:32 AM
Inspired, it seems, by his former caucus colleague's ill-fated attempt at special committee creation, Independent MP Peter Goldring has adopted the same procedural strategy -- and, indeed, much of the same wording -- in crafting a pitch, in the form of a private members' motion, for full parliamentary review of the controversial CNOOC/Nexen takeover bid:  


M-410 -- September 27, 2012 -- Mr. Goldring (Edmonton East) -- That a special committee of the House be appointed and directed to conduct a review of state-owned corporate social responsibility when determining whether a foreign state-owned enterprise is an acceptable bidder or applicant for taking over a Canadian company or corporation, whether 100 percent or controlling a majority stake, and that for this committee, the Nexen takeover will be the case study that will be explored; 

that the membership of the special committee consist of 12 members, which shall include seven members from the government party, four members from the Official Opposition and one member from the Liberal Party, provided that the Chair shall be from the government party; that the members to serve on the said committee be appointed by the Standing Committee on Procedure and House Affairs and the membership report of the special committee be presented to the House no later than 20 sitting days after the adoption of this motion; 

that substitutions to the membership of the special committee be allowed, if required, in the manner provided by Standing Order 114(2); 

that the special committee have all the powers of a Standing Committee as provided in the Standing Orders; 

and that the special committee present its final report to the House of Commons within 10 months after the adoption of this motion with answers to the following questions, 

(i) are such takeovers conducted on an equitable basis keeping in mind human rights, citizen rights, worker's rights, and environmental practices, (ii) is due diligence being done on foreign state-owned enterprises, both the corporation as well as their home country, who are looking to takeover a Canadian owned company, (iii) what will the long term effects be for Canada and Canadians with regards to the industry in question, (iv) what are the options available to Parliament in the exercise of its legislative authority in accordance with the Constitution and decisions of the Supreme Court of Canada to affirm, amend, or replace existing legislation regarding foreign state-owned enterprises taking over Canadians companies or corporations.

As was the case with the now defeated Woodworth proposal, Goldring's motion, if passed, would be binding, since it calls on the House of Commons, not the government, to undertake a specific action that falls within its exclusive jurisdiction: namely, the striking of a special committee. 

The key difference between this motion and the now-defeated M-312, of course, is that Goldring's motion would almost certainly succeed: it would likely garner virtually unanimous opposition support, and would need only a handful of CNOOC-wary Conservative backbenchers -- far fewer than the number that voted alongside Woodworth this week -- to side with the yeas to win the day. 

Given that, it's more a question of when than if, but under the rules that govern the private members' business, given Goldring's low-ranking spot on the PMB waiting list, it could be months -- or even years -- before he'll get the chance to make his pitch to the House -- unless, that is, he can convince a like-minded colleague with a higher slot to take up the challenge when his or her number comes up. 

Stay tuned! 

Tags: blackberry jungle, cnooc, cnooxen, nexen, peter goldring, private members business