Mr. Speaker, yes, it seems there is a creep, so to speak, taking place in the interpretation of the Conflict of Interest Code, as it pertains to MPs, in the Standing Order, the idea of private interests or possible private interests or contingent liability. We are dealing with sections 8, 12 and 13 of the Conflict of Code. The member for West Nova was found to be in contravention of all three, but for subtly different reasons, which I do not think are important enough to go into.
What is important is we need to amend the Conflict of Interest Code in the Standing Orders to make it abundantly clear that members of Parliament are not automatically deemed to be in a conflict of interest just because they are players in a libel suit. Nothing in what we recommend says members should not be used if they say something libellous. They made their beds and they can sleep in them. However, they should not be precluded or barred from speaking about that subject matter for the whole duration of the lawsuit until it gets resolved. The Standing Orders need clarification on that.
Again, I remind people that the very last page of the Ethics Commissioner's report on the inquiry into the comments made by the member for West Nova says:
Concerns have been raised about the use of lawsuits, more particularly libel suits, to prevent a Member from performing his or her duties in the House of Commons. I cannot predict whether this may indeed become a problem and I hope it does not. Should this become a serious concern for Members, however, the Code could be adjusted to except libel suits from the ambit of “private interest” for the purposes of sections 8 and 13.
This is exactly what the opposition day motion put forward by the Liberals intends to do. That is why we recommend that all members support it and clarify this issue once and for all.