Evidence of meeting #2 for Public Safety and National Security in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

On the agenda

MPs speaking

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3:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Colleagues, I believe we can start the meeting.

We have run into a little bit of a change of plans here. The delegation has left the building. They had a problem with our security system, so we will not be meeting them today.

We can take care of this one agenda item here, I believe, on how we will conduct ourselves when we have witnesses before the committee.

Let's take a look at Monsieur Ménard's proposal. If you have the piece of paper, it proposes that we change motion number 6 to the following:

That witnesses be given ten (10) minutes for their opening statement; that, at the discretion of the Chair, during the questioning of witnesses, there be allocated three-and-a-half (3½) minutes to the first questioner of each party to ask questions, starting with the Opposition parties; and that thereafter two-and-a-half (2½) minutes be allocated to each subsequent questioner, until each member has asked questions at least once.

If we agree to that, then we would go on to the second part, which is the part Mr. MacKenzie proposed, I believe.

Are there any comments or discussion on that first part?

Ms. Kadis.

3:45 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

Mr. Chair, from what I understand, we're going to move potentially from five minutes to three and a half for the first...? Maybe you can just go through it very briefly.

3:45 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Monsieur Ménard, would you mind explaining your motion again? You might want to have that motion number 6 in front of you, and I don't have it in front of me.

3:45 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Chairman, the first two paragraphs go together. The members who attended our last meeting understand that the purpose of the amendment that I am moving is not to limit the amount of time available to them to ask questions. On the contrary, they will be left with more or less the same amount of time. Moreover, they will in fact be guaranteed a reasonable amount of time to put their questions to expert witnesses. Because they know time is limited, witnesses unduly stretch out their answers during the first and second rounds of questioning, to use up as much of the time allocated to members and thus avoid having to answer more specific or embarrassing questions.

I'm not imagining things. Despite my limited experience, I've seen it happen here. Moreover, mention was made of this publicly in the newspapers in connection with hearings of the Public Accounts Committee into the sponsorship scandal. Witnesses were informed that they would be testifying, but that the process was not as complicated as actual court proceedings. They were told that they could take up to seven minutes to respond and that a member would therefore not have enough time remaining to ask another question.

I recall discussing this matter in committee. I'm bringing the matter up again for those who weren't here at the time. When we put forward this suggestion last year at a briefing session for new members, a House expert remarked that it was an excellent proposal because basically, that's what was in fact occurring.

I submit that in order to conduct a proper interrogation, nearly half of the time should be set aside for questions, and the remaining half for answers. That's why I'm proposing that the seven minutes be divided in two. That way, the first questioner of each party would know that he has a minimum of three and a half minutes to put his questions, while subsequent questioners would have two and a half minutes to ask their questions.

Because I feel it's important, I've included in the first paragraph of my amendment a reference to the fact that time is allocated to the first questioner of each party “to ask questions”. For greater certainty, I've included the second paragraph which states the following: “The time provided for questioning in the preceding paragraph is calculated according to the time members ask questions [...]”

One criticism has been voiced about the rights of the witnesses being affected. With all due respect, I don't believe this should stand in the way of the adoption of my amendment. In actual fact, this amendment will ensure that the witness has even more rights than before. Moreover, if this amendment does not pass, the only person who could stop a witness who is deliberately avoiding having to answer questions or who moves on to another subject to avoid being asked questions, would in fact be the member asking questions or the Chair. If I were chairing the committee and wanted to be fair, I would let a certain amount of time go by before stepping in. Therefore, I'd be giving considerable latitude to a creative, experienced witness who's really trying to avoid answering questions.

My proposal might mean that some witnesses might try to stretch out their answers unnecessarily. If that happens, the Chair could interrupt them with greater confidence, because after all, he will have given them the benefit of the doubt. However, in so doing, he will also have given them considerably more time to speak. Would you not agree?

In my view, this proposal would really be to the advantage of committee members hearing from witnesses. Based on my experience, I know that some of the witnesses who have appeared before this committee are experts at this tactic. I don't want to name names, although I could. When they appeared before us, we knew in advance that they would avoid answering our questions, either by continually straying from the subject at hand or by providing very lengthy, convoluted answers.

This proposal would help put an end to this type of behaviour on the part of witnesses. It would treat all witnesses fairly, but above all, it would give committee members an equal opportunity to question all witnesses in a thorough, serious manner.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Yes, Mr. Hawn.

3:55 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

As a rookie, I have a question. Is that three and half minutes for both the question and the answer?

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

No. Basically, that's the major change I'm trying to have implemented. The motion provides for seven minutes for the question and answer.

3:55 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

I understand that.

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

When you have witnesses who stretch out their answers to avoid having to answer other questions, then this tactic becomes useless

3:55 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

I understand, but we're talking here about three and half minutes for the question and the answer. Correct? Or would members have three and half minutes just to put their question?

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Just to put their question. I endeavoured to make the proposed amendment as clear as possible. I believe that's how the text should read.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Okay.

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

And I say it not once, but twice.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

I don't know if there's any further discussion. I almost am less clear now than I was before.

If the questioner asks a question for one minute and the witness replies for three and a half minutes, they are then done. If the questioner asks questions for another two and a half minutes, the witness has no opportunity to say anything, because they have used up their three and a half minutes. Is that what I am to understand?

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

No.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Because then you go beyond the seven minutes.

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

To my mind, it's clear. Each person has three and a half minutes to put his question. The witness has a reasonable amount of time to respond. Once the questioner has had three and a half minutes to put his questions...Obviously, it means that someone needs to have a stopwatch or timepiece similar to the one used for sporting events where interruptions don't count. For example, in hockey - and I'm sure that there are a number of hockey enthusiasts here -- when the referee blows the whistle, the clock stops and when play resumes, the clock starts up again. Here in committee, when a committee member has finished asking a question, the clock should stop and when he moves to another question, then the time should start counting down again, just like in a hockey game when the play resumes. That's how it would work for a period of three and half minutes.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

But sometimes the member does not ask all his questions in the first three and a half minutes. He may spend one minute asking a question, get an answer, and then he wants to have a follow-up supplementary question, depending on what the answer is. It may go back and forth several times.

I'm the chair, and I'm trying to figure out how I would ever have control over a situation like this, because you could go on for quite some time and go beyond the seven minutes.

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

A committee member could not go over three and half minutes.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

Am I not correct in the scenario that you would take one minute to ask a question, and the witness would then take three minutes, maybe, and then you want to come back and have another two and a half minutes to ask your questions?

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Correct.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

But they have no more time to answer because the seven minutes are then used up.

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

No, the rules would change. No longer would there be seven minutes, as is now the case, for questions and answers, but three and a half minutes strictly for questions.

3:55 p.m.

Conservative

The Chair Conservative Garry Breitkreuz

The committee has to decide on this.

On the government side they may never get a question, because the opposition could actually use up the whole time in the scenario I've just described: you ask a question for one minute, they answer for two or three minutes, you ask another one and they answer for two or three minutes, and your seven-minute time limit is no longer--

3:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

There would no longer be a seven minute time limit. We would see things through, right up until...