Bill C-2 (Historical)

Federal Accountability Act

An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability

Part 1 enacts the Conflict of Interest Act and makes consequential amendments in furtherance of that Act. That Act sets out substantive prohibitions governing public office holders. Compliance with the Act is a deemed term and condition of a public office holder’s appointment or employment. The Act also sets out a detailed regime of compliance measures to ensure conformity with the substantive prohibitions, certain of which apply to all public office holders and others of which apply to reporting public office holders. The Act also provides for a regime of detailed post-employment rules. Finally, the Act establishes a complaints regime, sets out the powers of investigation of the Commissioner and provides for public reporting as well as a regime of administrative monetary penalties.
Amongst other matters, the consequential amendments to the Parliament of Canada Act provide for the appointment and office of the Conflict of Interest and Ethics Commissioner along with his or her tenure, expenses, duties and other administrative matters.
Part 1 also amends the Canada Elections Act to
(a) reduce to $1,000 the amount that an individual may contribute annually to a registered party, and create a distinct $1,000 annual limit on contributions to the registered associations, the nomination contestants and the candidates of a registered party;
(b) reduce to $1,000 the amount that an individual may contribute to an independent candidate or to a leadership contestant;
(c) reduce to $1,000 the amount that a nomination contestant, a candidate or a leadership contestant may contribute to his or her own campaign in addition to the $1,000 limit on individual contributions;
(d) totally ban contributions by corporations, trade unions and associations by repealing the exception that allows them to make an annual contribution of $1,000 to the registered associations, the candidates and the nomination contestants of a registered party and a contribution of $1,000 to an independent candidate during an election period;
(e) ban cash donations of more than $20, and reduce to $20 the amount that may be contributed before a receipt must be issued or, in the case of anonymous contributions following a general solicitation at a meeting, before certain record-keeping requirements must be met; and
(f) increase to 5 years after the day on which the Commissioner of Canada Elections became aware of the facts giving rise to a prosecution, and to 10 years following the commission of an offence, the period within which a prosecution may be instituted.
Other amendments to the Canada Elections Act prohibit candidates from accepting gifts that could reasonably be seen to have been given to influence the candidate in the performance of his or her duties and functions as a member, if elected. The wilful contravention of this prohibition is considered to be a corrupt practice. A new disclosure requirement is introduced to require candidates to report to the Chief Electoral Officer any gifts received with a total value exceeding $500. Exceptions are provided for gifts received from relatives, as well as gifts of courtesy or of protocol. The amendments also prohibit registered parties and registered associations from transferring money to candidates directly from a trust fund.
The amendments to the Lobbyists Registration Act rename the Act and provide for the appointment by the Governor in Council of a Commissioner of Lobbying after approval by resolution of both Houses of Parliament. They broaden the scope for investigations by the Commissioner, extend to 10 years the period in respect of which contraventions may be investigated and prosecuted, and increase the penalties for an offence under the Act. In addition, they empower the Commissioner to prohibit someone who has committed an offence from lobbying for a period of up to two years, prohibit the acceptance and payment of contingency fees and prohibit certain public office holders from lobbying for a period of five years after leaving office. They require lobbyists to report their lobbying activities involving certain public office holders and permit the Commissioner to request those office holders to confirm or correct the information reported by lobbyists.
Amendments to the Parliament of Canada Act prohibit members of the House of Commons from accepting benefits or income from certain trusts and require them to disclose all trusts to the Conflict of Interest and Ethics Commissioner. The amendments also authorize the Conflict of Interest and Ethics Commissioner to issue orders requiring members to terminate most trusts and prohibiting them from using the proceeds from their termination for political purposes. In cases where the trusts are not required to be terminated, the amendments authorize the Conflict of Interest and Ethics Commissioner to make orders prohibiting members from using the trusts for political purposes. An offence is created for members who do not comply with such orders. The amendments also provide that, in the event of a prosecution, a committee of the House of Commons may issue an opinion that is to be provided to the judge before whom the proceedings are held.
Finally, Part 1 amends the Public Service Employment Act to remove the right of employees in ministers’ offices to be appointed without competition to positions in the public service for which the Public Service Commission considers them qualified.
Part 2 harmonizes the appointment and removal provisions relating to certain officers.
Amendments to the Parliament of Canada Act establish within the Library of Parliament a position to be known as the Parliamentary Budget Officer, whose mandate is to provide objective analysis to the Senate and House of Commons about the estimates of the government, the state of the nation’s finances and trends in the national economy, to undertake research into those things when requested to do so by certain Parliamentary committees, and to provide estimates of the costs of proposals contained in Bills introduced by members of Parliament other than in their capacity as ministers of the Crown. The amendments also provide the Parliamentary Budget Officer with a right of access to data that are necessary for the performance of his or her mandate.
Part 3 enacts the Director of Public Prosecutions Act which provides for the appointment of the Director of Public Prosecutions and one or more Deputy Directors. That Act gives the Director the authority to initiate and conduct criminal prosecutions on behalf of the Crown that are under the jurisdiction of the Attorney General of Canada. That Act also provides that the Director has the power to make binding and final decisions as to whether to prosecute, unless the Attorney General of Canada directs otherwise, and that such directives must be in writing and published in the Canada Gazette. The Director holds office for a non-renewable term of seven years during good behaviour and is the Deputy Attorney General of Canada for the purposes of carrying out the work of the office. The Director is given responsibility, in place of the Commissioner of Canada Elections, for prosecutions of offences under the Canada Elections Act.
Part 3 also amends the Access to Information Act to ensure that all parent Crown corporations, and their wholly-owned subsidiaries, within the meaning of section 83 of the Financial Administration Act are encompassed by the definition “government institution” in section 3 of the Access to Information Act and to add five officers, five foundations and the Canadian Wheat Board to Schedule I of that Act. It adjusts some of the exemption provisions accordingly and includes new exemptions or exclusions relating to the added officers and the Crown corporations. It empowers the Governor in Council to prescribe criteria for adding a body or an office to Schedule I and requires Ministers to publish annual reports of all expenses incurred by their offices and paid out of the Consolidated Revenue Fund. It adds any of those same officers and foundations that are not already included in the schedule to the Privacy Act to that schedule, ensures that all of those parent Crown corporations and subsidiaries are encompassed by the definition “government institution” in section 3 of that Act, and makes other consequential amendments to that Act. It amends the Export Development Act to include a provision for the confidentiality of information. It revises certain procedures relating to the processing of requests and handling of complaints and allows for increases to the number of investigators the Information Commissioner may designate to examine records related to defence and national security.
Amendments to the Library and Archives of Canada Act provide for an obligation to send final reports on government public opinion research to the Library and Archives of Canada.
Finally, Part 3 amends the Public Servants Disclosure Protection Act to
(a) establish the Public Servants Disclosure Protection Tribunal and empower it to make remedial orders in favour of victims of reprisal and to order disciplinary action against the person or persons who took the reprisal;
(b) provide for the protection of all Canadians, not only public servants, who report government wrongdoings to the Public Sector Integrity Commissioner;
(c) remove the Governor in Council’s ability to delete the name of Crown corporations and other public bodies from the schedule to the Act;
(d) require the prompt public reporting by chief executives and the Public Sector Integrity Commissioner of cases of wrongdoing; and
(e) permit the Public Sector Integrity Commissioner to provide access to legal advice relating to the Act.
Part 4 amends the Financial Administration Act to create a new schedule that identifies and designates certain officials as accounting officers and, within the framework of their appropriate minister’s responsibilities and accountability to Parliament, sets out the matters for which they are accountable before the appropriate committees of Parliament. A regime for the resolution of issues related to the interpretation or application of a policy, directive or standard issued by the Treasury Board is established along with a requirement that the Treasury Board provide a copy of its decision to the Auditor General of Canada.
Part 4 also amends the Financial Administration Act and the Criminal Code to create indictable offences for fraud with respect to public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed by the Crown or the corporation or to otherwise contract with the Crown.
Other amendments to the Financial Administration Act clarify the authority of the Treasury Board to act on behalf of the Queen’s Privy Council for Canada on matters related to internal audit in the federal public administration. They also set out the deputy head’s responsibility for ensuring that there is an internal audit capacity appropriate to the needs of the department and requires them, subject to directives of the Treasury Board, to establish an audit committee. The Financial Administration Act, the Farm Credit Canada Act and the Public Sector Pension Investment Board Act are amended to require Crown corporations to establish audit committees composed of members who are not officers or employees of the corporation. Other amendments to the Financial Administration Act require, subject to directions of the Treasury Board, that all grant and contribution programs be reviewed at least every five years to ensure their relevance and effectiveness.
Amendments made to the Financial Administration Act and to the constituent legislation of a number of Crown corporations provide for appointments of directors for up to four years from a current maximum of three years.
Part 4 also amends the Canadian Dairy Commission Act, the Enterprise Cape Breton Corporation Act and the National Capital Act to require different individuals to perform the duties of chair of the Board of Directors and chief executive officer of the corporation.
Part 5 amends the Auditor General Act by expanding the class of recipients of grants, contributions and loans into which the Auditor General of Canada may inquire as to the use of funds, whether received from Her Majesty in right of Canada or a Crown corporation. Other amendments provide certain immunities to the Auditor General.
Amendments to the Department of Public Works and Government Services Act provide for the appointment and mandate of a Procurement Auditor.
Part 5 also amends the Financial Administration Act to provide for a government commitment to fairness, openness and transparency in government contract bidding, and a regulation-making power to deem certain clauses to be set out in government contracts in relation to prohibiting the payment of contingency fees and respecting corruption and collusion in the bidding process for procurement contracts, declarations by bidders in respect of specific criminal offences, and the provision of information to the Auditor General of Canada by recipients under funding agreements.

Motions in amendment

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, I thank my colleague for clearing up the misinformation that is abounding in western Canada, certainly in Barbara Yaffe's column in the Vancouver Sun. She quotes the member for Vancouver Quadra saying that the NDP voted down his floor-crossing amendment. The big bad NDP could have punished the member for Vancouver Kingsway, but we chose not to. There is a big difference between not voting for the member's amendment and voting to uphold the ruling of the chair. I too shared the chair's opinion that my colleague's amendment was out of order. It does not mean I did not support the content of his amendment.

I had two floor-crossing amendments, both of which were ruled out of order. I liked ours better. If both of mine were ruled out of order and if his were in order, I would have supported his. Therefore, there is some misinformation abounding in the country. It does a disservice to this debate and a disservice to Canadians to have this bantering back and forth.

Let us all agree on one thing. Bill C-2 has great merits and should be passed expeditiously for the well-being of the whole democratic system and to keep those who would violate and breach the public trust in check. Those who would violate the public trust, as we saw in recent history, should be held in check and should be barred and blocked from ever doing so again should they ever form government again.

[John Baird, Conservative, President of the Treasury Board]

Mr. Speaker, I have a request for unanimous consent that I believe will meet with the approval of the House.

The member for Repentigny, my dear colleague from Quebec, has a real concern with Motion No. 4. We believe it is a small technical one, but in the interest of parliamentary cooperation, I would ask for unanimous consent that Motion No. 4 to be withdrawn.

[The Deputy Speaker, Bill Blaikie]

Does the hon. minister have the unanimous consent of the House to withdraw the motion?

[Some hon. members]

Agreed.

[The Deputy Speaker, Bill Blaikie]

(Motion No. 4 withdrawn)

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, this is a general comment. It has been mentioned a number of times before by my colleagues on the committee, both from the Bloc and the Liberals, that we were rushed through committee and we did not have adequate time to examine and discuss all the legislation contained in it.

I would merely remind my esteemed colleagues that we had passed a motion in committee to extend the sitting time of that committee for the entire summer, if need be. In other words, we were not putting any restrictions on the length of time that we required to examine the bill with rigour and to give it its full examination and the due diligence required. We were quite prepared to sit as long as it took.

Because of the extended hours and because of the complete and sincere motivation of all members to ensure that the bill was as strong as possible, we were able to complete the examination of clause by clause last week, but it was not because we were rushed. We had the ability to sit as long as we wanted. It was the decision of the committee to pass the bill clause by clause when we did.

[James Moore, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics]

Mr. Speaker, I appreciate the opportunity to speak on this very important legislation, something the current Prime Minister and this party campaigned on persistently, day in and day out, through the election campaign, getting the support of Canadians from coast to coast to coast to clean up the slide in ethics we have seen in the federal government for a very long time, particularly in the previous 13 years.

What this Parliament had an opportunity to do, on the C-2 legislative committee, was work through a very large, comprehensive piece of legislation. I believe we dealt with over 280 individual amendments to the legislation. To be honest, I am quite shocked and saddened to hear some of the debate today. Something seems to happen in a democracy where everyone seems to be working on good faith and then all of a sudden, if they happen to lose debate on amendment or lose a point at committee, people turn around and start attacking the motives of other people rather than accepting that as the give and take of democratic society.

In the six years I have been a member of Parliament there have been three independent legislative committees. There was the Bill C-36 legislative committee, after September 11. There was the Bill C-38 legislative committee, dealing with same sex marriage. Now we had the Bill C-2 legislative committee, dealing with the federal accountability act. Of the three committees I have observed over my time, this committee really stood out as a model.

Last Wednesday night, when our committee finished going through the clause by clause section of the bill, there was an interesting moment. We went person by person around the table, four Liberals, two Bloc Québécois, one New Democrat, five Conservatives, and each of us took an opportunity to say what we thought of the committee. I did not hear anyone at the close of the committee say that it was a sham, or the witnesses were rushed, or we did not give due consideration or the minister did not do his job.

Six days ago everyone was very pleased with the way the process. People were pleased with the due diligence that the committee gave. In fact, throughout the course of this committee, we sat for 24 hours per week and the committee did a lot of heavy lifting. Through the course of that committee, I thought it was a model for how a minority Parliament could work. We will see how we go for the rest of today, going forward to the end of this week. However, the legislative committee was a model of how a minority Parliament could work within a smaller dynamic of a legislative committee because every party put forward amendments. Every party won some and every party lost some. That is how a democracy works.

All of a sudden we come back to the House for report stage and we hear people like the member for Vancouver Quadra and the Bloc Québécois say that this was rushed and people were not given their opportunity to put forward amendments and have thoughtful conversation. The truth is, as the member for Winnipeg Centre said, not one witness came before the committee and said that he or she needed to be rescheduled, or needed a week to think about this, or needed to regroup and talk to some lawyers and get specific legislative counsel on how to go forward with some ideas. Everything seemed to go forward very effectively. Members of the committee should be applauded, the member for Notre-Dame-de-Grâce—Lachine, the member for Vancouver Quadra and the member for Winnipeg Centre.

As I have the opportunity, I tip my hat to my colleague from Nepean—Carleton, the Parliamentary Secretary to the President of the Treasury Board, for the great work he has done of this legislation.

Bill C-2 is an incredibly complicated bill. It corrects a lot of the things that Canadians have been complaining about in our parliamentary system for years. It gives more power to independent officers of Parliament. It gives more transparency and accountability for members of Parliament. It deals with the issues of lobbyists and accountability, campaign finance reform and important reforms to procurement, which is my area of responsibility as parliamentary secretary to public works. This is vast, complex, important legislation and all Canadians have been thrilled with the incredible work done by the member for Nepean—Carleton.

We are addressing now Group 1, Motions Nos. 1 to 3, 6, 7 and 9. Specifically I want to talk briefly about Motion No. 9.

Motion No. 9 is an amendment which would delete paragraphs 41.4 and 41.5 in clause 99 of Bill C-2 regarding the trust funds of MPs. These provisions allow a House of Commons committee to issue an opinion on whether an MP has breached the new trust fund rules, which will now be a criminal offence. No prosecution can begin until the committee has issued its opinion or at the very latest, before 30 sitting days. If a prosecution is later commenced, the prosecutor must give the committee's opinion to the trial judge who in turn must consider it in deciding whether the MP has committed the crime.

We moved this amendment for several important reasons. First and foremost, we believe these provisions are inconsistent with the fundamental principle underlying the director of public prosecutions provisions of Bill C-2, namely, the need to ensure that prosecutions are free from political interference both in appearance and in reality. By delaying the commencement of prosecutions and requiring the prosecutor to submit the committee's opinion as evidence in a criminal trial, these provisions contradict this key principle of prosecutorial independence.

Second, MPs accused of violating the new trust fund rules have the right to a fair trial. These provisions would compel a trial judge to consider the committee's opinion in determining whether an MP is guilty of a crime. This could force a judge to consider evidence that would otherwise be inadmissible in a criminal trial, thus potentially jeopardizing the fairness of an accused MP's trial.

Third, there is a relationship between Parliament and the courts. Requiring a judge to consider the committee's opinion in determining whether an MP is guilty of a crime would impinge on at least the perception of the court's impartiality and independence. The separation of powers between Parliament and the courts is integral to Canada's constitutional makeup and vital to upholding public confidence in our justice system.

It is for these three core principles that we are moving to delete proposed sections 41.4 and 41.5 from clause 99 with government Motion No. 9.

A number of my colleagues will be speaking to other clauses, but I would remind the House that Bill C-2, not only as a piece of legislation but the process that we have undertaken has demonstrated how this Parliament can work. We set up an independent legislative committee. Anybody who wanted to speak to the bill was allowed to speak to the bill. Amendments were allowed, and I think that 280 or 290 amendments came before the committee. Every party won some; every party lost some. This is an opportunity to demonstrate how this Parliament can work if we are all interested in the public good and not our own partisan political good. Bill C-2 will stand out as a real harbinger for good things to come for this Parliament if we maintain the faith.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I want to address some of the issues that the parliamentary secretary underlined. He mentioned the reason the government came forward with Motion No. 9, which would delete a series of clauses in Bill C-2, clauses which were adopted subsequent to amendments that were brought forward by me, based on the recommendations of our Law Clerk and Parliamentary Counsel, Mr. Walsh. They dealt with ensuring that the constitutional autonomy of the House and its members was not impeded upon or in any way infringed or subjugated to the provisions of Bill C-2.

It is quite interesting. The amendments which were adopted at committee dealt precisely with criminal prosecutions, allegations and accusations, charges that a member of Parliament had committed an offence and would require that a committee actually deal with it and issue an opinion. It could not go forward until a committee had dealt with it, and that once a public criminal prosecution went forward, the prosecutor was legally obliged to provide the committee's opinion to the judge, and the judge had to--could, not had to--could take into consideration said opinion of the committee.

The point that was made by Mr. Walsh when he appeared before the committee, the point that I made when I raised it in committee and the point which was accepted by committee because it was adopted unanimously in committee, was that such a procedure and requirement already existed in the Parliament of Canada Act. I believe it is section 56, but I could be wrong. The requirement was that the prosecution not go forward until the appropriate committee of the House gave its opinion, in that case it is the Board of Internal Economy for allegations of misuse or fraud of a member's operating budget. A criminal prosecutor had to provide the opinion to the judge and the judge could take the opinion into consideration in rendering a conclusion, decision, sentencing, et cetera.

That already exists in terms of criminal offences that could flow out of allegations of misuse of a member's operating budget. It already exists. Therefore, the government's argument that it wishes to remove those sections from Bill C-2 because it would infringe on a criminal proceeding does not hold water.

[James Moore, Conservative, Port Moody—Westwood—Port Coquitlam, BC]

Mr. Speaker, this government certainly disagrees with the opinion of my colleague opposite. Her opinion is earnest and legitimate, but when she was making her statement, she in fact stumbled over the key word “would” or “could” consider.

We believe very strongly in defending and protecting the independence of our courts. Requiring a judge to consider a committee's opinion in determining whether an MP is guilty of crime, by mandating such a thing or having the perception of such a mandate could infringe on the perception of the independence of the courts. That is something that the Liberals have tried to use as a political baseball bat against their opponents in the past.

I know my colleague does not believe that any government should in any way have the perception of impinging on the independence of any of our courts. That is why we are moving this motion.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I want to make some general comments on the debate as a whole.

The speech by the parliamentary secretary was somewhat brief and basically characterized the amendments in this group as being general cleanup. I did not see it that way. As a matter of fact, Motion No. 5 which was deemed out of order raises some interesting questions about the thinking.

Among other things, report stage is meant to allow members of Parliament who are not on the committee to propose amendments and to debate some of the changes that have been made to a bill. They are members who have not had the opportunity to hear all of the witnesses and they may have a fair bit of work to do once they see the nature of the changes coming forward at report stage.

Notwithstanding that the bill was completed at committee last week, the amendments before us today were only put on the notice paper last night at 6 p.m. Of the original 30 amendments, only 24 remain. The amendments were not available to members until after midnight. Until yesterday there was only one report stage amendment relating to the Canadian Wheat Board on the notice paper. If there were only a couple of amendments, we might have been able to do this, but now we are faced with a vast array of amendments, most of them from the government itself.

If there are 20 amendments coming from the government on this bill, why have these been made at this late time? We are talking about the federal accountability bill and if openness and transparency are being encouraged by this bill, then the process we are going through right now does not support the concept of openness and transparency. Proposed subsection 41.4 was deleted in its totality yet this clause was strongly recommended by the House counsel at committee and was adopted by the committee. The government has turned around and put in Motion No. 9 to delete proposed subsection 41.4 in its totality.

Some answers need to be given as to the rationale behind the move the government has made. The House is probably entitled, if I may use that infamous word, to have an explanation from the government or the mover of the motion as to why certain changes have been made. It is interesting that there was absolutely no commentary whatsoever made on any individual motion in Group No. 1, in which there are seven amendments. This basically says that other members of the House are on their own.

The member for Winnipeg Centre has basically said that all the work has been done and everybody should simply accept it. We know that throughout the committee stage, the NDP member took his orders from the government. I am not sure why the member has not raised some of the questions that have been posed by other members about the raison d'être for some of these amendments. I am not sure if he was aware of them. He did not talk about these amendments in his speech. It was more about getting the debate over with.

I do not think there is anybody in this place who does not want to have this bill passed. Before the House starts in the morning, there is a prayer about making good laws and wise decisions. If there are elements within this bill which do not reflect the best counsel that has been made available to committee and the amendments that committee made with all of the benefit of that work, and the government summarily dismisses and deletes whole clauses, that requires some explanation. That is valid. That is not delay. That happens to be good parliamentary practice.

For the member to suggest that questions by any member in this place are somehow motivated by something other than trying to find out why the details are there and why we are trying to make good laws here raises a question about the member's motivation. I would leave it at that.

I am pleased that the minister has offered, and it has been approved by the House, to deal with Motion No. 4 on the five year review. It struck me that as we consider the bill as approved by the committee and reported to the House at report stage and then examine these motions, as we consider one motion and try to determine the effect of the change, and often the entire clause and the wording of the lines is repeated, we have to pick out the nuances. I think the Bloc member was trying to point out that it might be a change of only one word.

Motion No. 4 has to do with whether this matter will be in force from royal assent or from the day on which it is enacted or proclaimed. We had the same situation, as a parallel, with Bill C-11, the whistleblower legislation. In the last Parliament, after two or three years of work by all parties, the bill was passed at third reading and received royal assent. It is the law in the country but it is not in force today because it was never proclaimed by the government. We will find, as we get into further debate on this matter, that some amendments in Bill C-2 would amend Bill C-11, which has not yet been enacted. We will need to proclaim Bill C-11 from the last Parliament before Bill C-2 can be totally in force because it cannot amend a law that is not in force in Canada.

As was indicated by the member who just spoke, the bill has a lot of clauses and many of the amendments have been dealt with. We do know the government has the opportunity and the right, notwithstanding that the matter has been dealt with fully at committee, to make changes at report stage, which is a privilege not available to other ordinary members.

The government can decide to tell the committee that it does not agree with the committee and it can throw an entire clause out, which is what was done under Motion No. 9. I hope, as we move on to the other groupings, if the government intends to be open and transparent on the provisions of Bill C-2, that at least one speech will explain, at least in brief, the purpose, intent or the effect of each of the amendments being proposed in the groupings the Speaker gave us.

Group No. 1 consists of six motions that should have been commented on. If they are just clean up motions then we should have had representation that they were clean up or translation problems.

Group No. 2 consists of nine motions, Group No. 3 consists of six motions and Group No. 4 consists of three motions. It would help the debate along if the government would at least put on the record the nature, the intent and the effect of each of the motions it has posed. If there is not enough time in the 10 minutes available to the movers of those motions, I would be most happy to give unanimous consent to extend the speaking time of the government speaker so that at least the speaker would have two or three minutes on each motion to do a proper job and to be open and transparent in the discussion of Bill C-2.

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I wish to point out a couple of things for my hon. colleague in contravention to what he has suggested in his speech.

First, he made a comment that due to the lateness of the amendments submitted by the government it perhaps was putting hon. members, who had not had the opportunity to sit on the committee, at somewhat of a disadvantage since they did not really see any amendments until after midnight last night.

I would point out that of the 30 amendments submitted, 10 of them were by opposition parties. Therefore, for the member to suggest that it was only the government that was trying to hijack the democratic process by submitting amendments at the last moment is not quite correct.

Second, I also have to object to the suggestion made by my hon. friend that the government did not speak to these amendments. Although the Parliamentary Secretary to the President of the Treasury Board was quite brief in his opening remarks, the President of the Treasury Board spoke to Motions Nos. 1, 3 and 6. The Parliamentary Secretary to the Minister of Public Works just spoke in his address to Motion No. 9. I make reference now to Motion No. 7, which was mentioned earlier by one of my colleagues.

Although I am not objecting to the Speaker's ruling, I want to point out that Motions Nos. 5 and 7 were quite complementary because they dealt with the ability of a transition team member to appeal his or her decision to the commissioner of lobbying if in fact the decision was to restrict that transition member to the five year ban on lobbying.

On Motions Nos. 5 and 7, one dealt with the previous transition team and one with future transition teams. I am not sure exactly why the Speaker's ruling was to exclude one and allow the other but so be it.

Would my hon. colleague agree that, even though the Prime Minister has been quite clear and unequivocal in his statements that no member of a transition team of the government will be allowed to lobby the government for five years, this amendment, which would provide transition team members with the same recourse, the same right to appeal as any other public office holder, is equitable and fair?

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, some things are prima facie and I would suspect that others would share that view, so maybe the answer is no.

In terms of the suggestion that there is a hijacking of the democratic process, I suppose the fact that the Liberals put in two amendments and the NDP, I believe, put in four, that leaves 24 for the government.

[An hon. member]

Five.

[Paul Szabo, Liberal, Mississauga South, ON]

Okay, a substantial number.

The member should know that the government has the unique authorization to make amendments which are out of order for other members of Parliament. It is the minister's bill and he can make those amendments and basically tell the committee thanks but that he does not accept its position and that he will go another way.

I saw that happen in the bill on reproductive technologies where we saw a couple of clauses of the bill totally reversed. I am aware of that.

I do not subscribe to the hijack thing but I would suggest that although a series of speakers over the day may address every motion, I think it is incumbent on the mover of the motion to make a statement to the House at the beginning of the debate on the motion of the intent of the motion, such as, Motion No. 1 is clean up, no problem; Motion No. 2 is translation, no problem; and Motion No. 3 we do not agree with the committee and we have decided to delete that clause and here is another one because it is duplicative.

Those kinds of indications of the basis may help another speaker trying to participate in the democratic process to at least use those as a filter to consider their own commentary that they may have made without that knowledge.

As a courtesy to the openness and transparency of the debate, I ask that the mover of the motions make a quick summary on the ones that are clean up and on the ones that are not controversial and to sum up why it is making changes to others. If we do that I think all members of this place and Canadians as a whole will benefit from the debate.

[Rob Moore, Conservative, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it was a privilege to serve with other members of Parliament on the committee studying Bill C-2, the accountability act. I think we did tremendous work on behalf of Canadians.

From the testimony we heard and from the work that was done, we had a thorough vetting of the issues related to accountability. We heard from a great number of witnesses and we worked in a way to move the bill forward. Members on all sides of the House sacrificed a great deal to see the bill through committee.

It is the number one priority of our government and it is something that was long overdue. Canadians were demanding more accountability from public office holders and from Parliament, more accountability in the way their tax dollars are spent and more transparency in the way we run our democratic process. This bill, at the end of the day, accomplishes all those things.

I want to speak to Motion No. 9, which is a serious motion and one I urge all members of the House to consider as it impacts on some very fundamental rights and issues relating even to members of Parliament.

Specifically, the changes brought in by adding two provisions, subclauses 41.4 and 41.5, to the new MP trust fund rules proposed for insertion into the Parliament of Canada Act raise serious legal policy issues regarding the independence of prosecutions from political interference, as well as serious Charter of Rights issues related to the ability to get a fair hearing. They also raise some concern with regard to the Constitution and the division of power. It is for those reasons that the government proposed reversing those amendments.

To be clear, I would urge all members of Parliament to consider this amendment very carefully. It is not a minor amendment like dotting an i or crossing a t.

The amendment in subclause 41.4 would require:

Any person...who has reasonable grounds to believe that an offence has been committed under section 41.1 shall...notify the Committee of the House of Commons designated to consider such matters.

This is the clause that prohibits members of Parliament from accepting benefits or income from a trust established by reason of their positions as members of Parliament, and from circumventing this rule.

The committee may then issue an opinion on the matter. The committee would study the facts of the situation and then issue an opinion on the matter. The new paragraph 41.4(4) provides that, in any prosecution of that offence, if there is a criminal prosecution of the offence, the prosecution shall “provide the judge with a copy of the opinion of the Committee”, which would be a committee of this House. It is important to note the exact wording, “and the judge shall consider the opinion in determining whether an offence was committed”.

Further, a similar process is proposed in the second amendment, subclause 41.5, for contraventions of subclause 41.3, and that authorizes the Conflict of Interest and Ethics Commissioner to make orders regarding the treatment of MPs' trusts, with the same requirement as I outlined before in paragraph 41.4(4), that “the judge shall consider”--the committee's--“opinion in determining whether an offence was committed”.

Obviously it is pretty clear, even on the face of the wording, that these amendments raise serious legal policy and constitutional concerns.

First and foremost, the amendments are inconsistent and completely at odds with the fundamental principle underlying the new director of public prosecutions provisions contained in Bill C-2, the federal accountability act, namely, the need to ensure the independence of prosecutions from political interference. It is that perception of political interference, the whole idea that somehow politicians could influence a judicial outcome, that is the whole reason for the underpinnings of the move to the director of public prosecutions. It underlines a lot of what we have done in the federal accountability act.

Obviously I hope that all members of the House would agree with me that we should not have political interference in the judicial process. I think that is fairly basic. This amendment, as the bill currently stands, would provide for just such an interference.

Second, the amendments present a serious risk of violating the Canadian charter right to a fair trial of a member of Parliament charged with an offence. All of us as Canadians, and even those of us who are members of Parliament, are entitled to a fair trial under our Canadian Charter of Rights and Freedoms.

By requiring a judge to consider a parliamentary committee's opinion on whether an MP has committed an offence, the amendments would preclude a judge from respecting the procedural safeguards mandated by the charter, for example, by requiring a criminal court to consider evidence that is otherwise inadmissible either as hearsay or as opinion evidence with respect to an MP's guilt or innocence and/or to consider prior incriminating testimony, including testimony that the committee may have compelled from the accused member of Parliament. To be clear, this has an impact on the charter rights of members of Parliament and would undermine the right under the charter to a fair trial if we allowed this to proceed as proposed.

Third and finally, the amendment appears to undermine the separation of powers among the legislative, executive and judicial branches. The Supreme Court of Canada has consistently held and has often stated that this is a fundamental constitutional principle. In the House, we all know that there is a separation among the executive, the judicial and the legislative branches. It is essential to having a thriving democracy and fairness in our system that those divisions be kept sound. It is a basic constitutional principle.

In passing this as it is, it would impinge on at least the perception of judicial impartiality and judicial independence, another fundamental principle that flows from our Constitution. It is for these reasons that I ask all members to consider deleting proposed sections 41.4 and 41.5 from clause 99.

To sum up, the independence of the judiciary, the right for a member of Parliament to get a fair trial under our charter of rights, and the division and the separation of powers among the judicial, executive and legislative branches of our government are all pretty basic fundamental values that we all hold dear. I ask all members to consider that when we consider Motion No. 9.

I urge that the motion be adopted because otherwise we risk putting members of Parliament in a very serious situation with regard to their rights and we also undermine the independence of the judiciary in this country.