Protecting Taxpayers and Revoking Pensions of Convicted Politicians Act

An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

John Williamson  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Report stage (Senate), as of June 25, 2015
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Members of Parliament Retiring Allowances Act to provide for the payment of a withdrawal allowance in lieu of a retiring allowance or compensation allowance, as the case may be, when a member of the Senate or House of Commons who ceases or has ceased to be a member has been convicted of an offence under certain provisions of the Criminal Code arising out of conduct that in whole or in part occurred while the person was a member.

Similar bills

C-518 (41st Parliament, 1st session) Protecting Taxpayers and Revoking Pensions of Convicted Politicians Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-518s:

C-518 (2010) An Act to amend the Fisheries Act (closed containment aquaculture)
C-518 (2008) An Act to amend the Employment Insurance Act (compassionate care benefits for dependent children)
C-518 (2004) An Act to amend the Canada Business Corporations Act (annual financial statements)

Votes

Feb. 4, 2015 Passed That the Bill be now read a third time and do pass.
Feb. 4, 2015 Passed That Bill C-518, An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance), as amended, be concurred in at report stage [with a further amendment/with further amendments].
Feb. 4, 2015 Failed “ceases or has ceased to be a member and who, on or after the day on which this subsection comes into force, is either convicted of an offence under the Criminal Code mentioned in subsection (4) or sentenced to a term of imprisonment of five years or more for an offence under any other Act of Parliament, if the offence arose out of conduct that in whole or in part occurred while the person was a member, a”

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

November 4th, 2014 / 5:25 p.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I rise today to speak to very important issue. In my opinion, the motion moved by the House leader of the official opposition is of utmost importance. I want to emphasize that the amendments proposed by my colleague from Toronto—Danforth are also very important. I am truly pleased that most of the members of this House will be supporting this motion, because it will send a clear message to the Canadian people. As my colleague said several times during his speech, we cannot let this kind of thing go on, and assume that, as parliamentarians, we are armour-plated and protected and nothing can touch us.

Last week's charges against the member for Peterborough are very serious. There is no argument that the elected members sitting in the House of Commons must not have been convicted of charges as serious as violating the Canada Elections Act. It seems so simple, that I find it all deplorable.

I would like to speak more specifically about one point. In fact, it is a strange coincidence that this happened today of all days. I want to remind the House that in the amendment presented by the hon. member for Toronto—Danforth, in (ii), he specifically mentions the steps to be taken with regard to a member's benefits, including his or her retirement pension.

Today, as it happens, the Standing Committee on Procedure and House Affairs was conducting a clause-by-clause study of Bill C-518, introduced by my colleague fromNew Brunswick Southwest. This bill very clearly states that a member of Parliament or a senator cannot, by resigning, escape the consequences that his or her expulsion from the House or Senate would entail. This speaks directly to this motion and the situation we are facing today.

The hon. member for New Brunswick Southwest has repeated over and over that what he was ultimately trying to do with this bill was to close a loophole. The loophole resulted from the fact that when a senator or member was found guilty of breaking a law or having otherwise done something that would lead to his expulsion from the House or Senate, instead of waiting for the House or Senate to take the appropriate measures and decide to expel him, the person concerned could simply say that he had had enough and was resigning.

And what would happen? Such persons would be entitled to their pensions, as if nothing had happened. Life would go on, happily. They could get their money, and neither the House of Commons nor the Senate could do anything about it. This has never happened in the House, but it has happened several times in the Senate. That is the problem my colleague from New Brunswick Southwest has tried to solve with his bill.

And what happened then? The question is fundamentally rather complicated, because there are many aspects involved. It was necessary to be as inclusive as possible, but without including too much, of course. Thus, there were several options open to us. Was it necessary to draw up a list of infractions that could lead to this result?

In the end, I think that my colleague, the hon. member for Toronto—Danforth, has found the best solution. He introduced an amendment this morning, during the clause-by-clause study of the bill. I repeat, this only happened this morning. The hon. member simply proposed to amend the act to provide for cases where the House or the Senate are involved in the process leading up to an expulsion. We could insert wording in the act providing that if the House or Senate passed a motion recognizing that an individual had resigned, but was still a member or senator, his or her pension would be revoked.

Therefore, all we need to do is give ourselves the power to use the same process as that followed for expulsion. That way, we would cover all cases where a person has been found guilty of violating the Canada Elections Act, for example. The House would find it unacceptable that such a person was entitled to his pension simply because he resigned before being held accountable to the House or the Senate, because that is not relevant. That person should not be entitled to a pension.

That was by far the best solution, but in the end another amendment was passed earlier, probably by the committee's majority, as we can all surmise. That amendment lists a number of infractions, but only those under the Criminal Code. If a person is found guilty of any one of them, the law will apply.

All of this will apply only after the law is passed, which is very specific to their amendment. There is no retroactive provision, although several experts told us in committee that it would not be a problem to make it retroactive.

When the NDP amendment was rejected and we knew that the majority amendment was going to be adopted, we introduced amendments to the amendment to try to add certain specific aspects regarding the Canada Elections Act.

We are elected members of Parliament and we must stand for election every four years—or less often, if there is a minority government. As elected members, we must go back to the people and ask them to vote for us. And now I am told that a member can remain in place here without suffering any consequences, despite having broken our country's election law.

Last spring, when we were debating Bill C-23, we saw how little respect the Conservatives have for the Canada Elections Act and how ready they were to change it all to gain an advantage.

Regarding what happened this morning, it is worthwhile to read the short title of the bill introduced by the hon. member for New Brunswick Southwest: “Protecting Taxpayers and Revoking Pensions of Convicted Politicians Act”. It is quite strange that a bill with such a fine title and such an interesting principle does not apply in any way to a person who violates the Canada Elections Act.

That is why I think the amendments proposed by my colleague from Toronto—Danforth to the motion on which we are about to vote are very important. Even though this bill has gone through today's clause-by-clause study, it is even more important than ever to return to the Standing Committee on Procedure and House Affairs and ask the members to look into the strategy concerning the member's benefits, particularly his pension.

Today we saw that there is a lack of consistency and the results will not be what my colleague from New Brunswick Southwest had hoped for. He talked about similar situations, even though at the time he obviously did not know that a member of his own party would be convicted of a crime. Nonetheless, the fact remains that it is the same principle and such principles should apply to all members and senators.

I encourage all my colleagues to support this motion. I will vote in favour of this motion because I like to think that by doing so there will be a little more justice in this world.

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

November 4th, 2014 / 4:10 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, this motion is obviously very important for Canadians to be assured that there is proper accountability for elected representatives, members of Parliament, in the House.

The balance has to be struck between fairness to the member for Peterborough and the dignity of this place, frankly. The motion of my colleague from Burnaby—New Westminster is two-part. The first part basically calls for voting on the motion for an immediate suspension. The second part is for the matter to be referred the procedure and House affairs committee, where other elements will be considered. These include, for example, whether an expulsion should occur and on what conditions and timing, and how matters such as pensions should be dealt with in light of the existing statutory framework and what the committee recommends as right, as a matter of general parliamentary procedure.

The issue boils down to how the House will give effect to section 502 of the Canada Elections Act. Section 502(3) of the Canada Elections Act refers to any offence that also qualifies as “an illegal practice or a corrupt practice”. A list is also provided in section 502. It includes wilfully contravening section 443, exceeding election expenses limit. Where we have such a practice, for a period of at least five years for an illegal practice and seven years for a corrupt practice, the person convicted is no longer entitled to be elected or to sit in the House of Commons.

The question becomes that the statutory provision is there for us to take seriously, but of course we are within our own realm. Within Parliament, the Speaker has made it clear that, whatever a statute says, the House has to independently decide to act on the statute. When it does so, there is a fair bit of interpretive work that needs to be done.

One piece of interpretation is what the word “conviction” means in section 502. Does it simply mean that the effects of section 502 must be felt immediately, or as immediately as the House acts on section 502? Is it upon a trial judgment entering a conviction? Alternatively, does it mean conviction once all appeals have been exhausted? Let us call that a perfected conviction, so that there is no chance left for the person who has been convicted to be discharged or acquitted.

Quite obviously, that is something that the procedure and House affairs committee will have to deal with on this motion. What is the best interpretation, and what jibes with common sense in terms of what the best outcome is?

Another interpretive question will be what the impact is when we act on section 502. Let us just say that the decision is to remove the member from the House. Does that count as an expulsion in some formal sense, or does that count as vacating the seat? It might matter, because the Members of Parliament Retiring Allowances Act currently provides that, if a member is expelled from the House, the pension is lost. If this qualifies as some other kind of act on our part, however, even though the person would be removed by the House, it is possible that the pension would be kept.

That is a separate issue from what I will speak to at the end, about what happens if the member for Peterborough decides to resign before the House can act along the lines of removal.

It is really important that we keep in mind that there are some precedents from recent times that are not direct, but relevant. We had the case dealing with the letter sent by the Chief Electoral Officer to the Speaker and what effect that should have in terms of the right to vote and sit of two members of the House, which raised a point of parliamentary privilege. There was a tussle in the House on whether the House should wait for judicial review or whether the effect should be immediate. As a result, the so-called “Fair Elections Act” has made it clear that it does not have an automatic effect until it is clear that the courts have already dealt with it.

We continue to believe that the best interpretation of the act, as it was written, was that the effect was immediate. Of course, that was only a suspension; we are not talking about expulsion. It was completely within the realm of acceptable interpretation to think that the Canada Elections Act would suspend two members as a compliance measure for co-operating with the Chief Electoral Officer.

Here, we are talking about expulsion, so it is not the case that the member for Burnaby—New Westminster has stood up and moved for an immediate expulsion. He has only moved for an immediate suspension, and that is really important to note. We already have had a degree of due process through the court process and the process leading up to the judge's decision that the member for Peterborough was guilty of the charges. It is not analogous to another case we have recently seen, which is in the Senate where three senators were summarily suspended with virtually no due process in the Senate itself, but also with no conviction in the courts. There was nothing else outside of the Senate to which to refer, to say, “this is a reason for us to suspend them; we can rely on that”. Here, we have something on which we can rely.

I submit that it makes every sense to rely on that up until such time as the faint hope occurs and a conditional or absolute discharge is the sentence instead of something more. At that point, then the suspension could be vacated. PROC can make clear that it would be the effect on this immediate suspension. We do not have to wait for it, though. The burden has already shifted because of the court process and because a judge, in full independence and neutrality, has determined that there is guilt. It is completely reasonable that the member for Burnaby—New Westminster has structured the motion so that there would be an immediate suspension. As for the rest, it would go to PROC, and that includes of course the question of expulsion.

For my part, I am not going to prejudge what we might hear from those better versed than I in parliamentary law and election law, but from my perspective, expulsion should not occur until appeal measures have been exhausted. That would be the position I would be taking, but that is expulsion. Suspension can occur immediately, without an affront to any due process values.

It is also important to note that one of the effects of a suspension is that, at that point in time, the member would not have the right to speak in the House. I would submit that this does not mean the member would not have the right to testify before PROC with respect to what should be done post-suspension. However, as for standing up in this House and, for example, as seems to be the wont of this member, attacking others for what has happened to him, that would not be permitted. That is one salutary effect of suspension.

PROC should be dealing with this forthwith. I have every confidence that is what will happen, given the importance of the matter and given how my friend, the chair of PROC, runs the show. I think it is something that will be taken very seriously.

I would like to end, before moving a motion, by saying that we have come up against an issue here according to whcih it is possible for the member to resign in order to preempt the effects of an expulsion. If he actually is expelled, and that is technically what happens to him, he does lose his pension under the Members of Parliament Retiring Allowances Act. If he resigns, however, there is a loophole and the bill that is about to come back from committee, Bill C-518, would not change it. It would not apply to the member. Despite some subamendments I moved today, it would not apply because the Canada Elections Act is not included in the list of offences covered, and because the conviction has to have occurred after the act would enter into force. For those two reasons, he would keep his pension if he resigns.

With that, I move:

That the motion be amended to add, after “Commons”, the following:

“, including:

(i) an expulsion of the Member, should a conviction under section 443 of the Canada Elections Act not be set aside by a competent authority and no further rights of appeal remain available to the Member, together with the appropriate Order, in those circumstances, for the Speaker to issue his warrant to the Chief Electoral Officer for the issue of a writ for the election of a Member to serve in the present Parliament for the electoral district of Peterborough;

(ii) the appropriate approach respecting the Member's pensions, travel status expense account, insurance and other benefits;

(iii) the appropriate approach respecting the employment of the staff, and management of the offices, of the Member; and

(iv) any other questions that arise as a result of this matter and its disposition.”

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

November 4th, 2014 / 4:05 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, this is the point we are making today in the House of Commons. It is very clear.

The government saying yesterday that it wants to put it off to the procedure and House affairs committee, which is still considering referrals it received in January 2014 and has not dealt with, is inappropriate. There need to be some initial steps, although procedure and House affairs will eventually be called upon to deal with some of those issues.

The other thing that obviously concerns us is the golden parachute and the decision this morning by Conservatives to actively shift on Bill C-518 so that in the case of the member for Peterborough, he would have a full right to his pension. They made two important amendments. I know my colleague, the member for Toronto—Danforth, will speak to this in just a moment.

It adds up to a golden parachute. We think that is a completely inappropriate response by Conservatives to what has been a conviction on three counts in a court of law on serious violations of the Canada Elections Act.

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

November 4th, 2014 / 3:50 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I move:

That, with regard to the guilty verdict of October 31, 2014, against the member for Peterborough on four counts of violating the Canada Elections Act, (a) the House immediately suspend the member of (i) the right to sit or vote in this place, (ii) the right to sit on any committee of this place, (iii) the right to collect his sessional allowance as a member of Parliament; and (b) this matter be referred to the Standing Committee on Procedure and House Affairs for further study of appropriate measures concerning the member for Peterborough's membership in the House of Commons.

He said: Mr. Speaker, I would first like to say that I will be sharing my time with the hon. member for Toronto—Danforth, who will deliver the second part of my speech.

This is an unprecedented situation in our history. Before I present my arguments in support of our motion, I would like to take a few minutes to talk about what happened on October 31.

Since we are talking about something that is rare in the House, unprecedented, I think it is useful to start off the important debate on this issue by citing the various violations of which the member for Peterborough was convicted last Friday.

First off, the member for Peterborough was found guilty of personally paying an election expense, thereby willfully exceeding his contribution limit, contrary to subsections 405(1), 497(3), and 500(5) of the Canada Elections Act. Just to reference those important subsections, 405(1) says, very clearly:

No individual shall make contributions that exceed

(a) $1,000 in total in any calendar year...;

(a.1) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates...,

Every person guilty of that offence, knowingly contravening these subsections, is guilty of an offence under sections 481 and 482.

Second, the member for Peterborough and his official agent were found guilty of willfully incurring election expenses in excess of the campaign expense limit, contrary to subsections 443(1), 497(3), and 500(5) of the Canada Elections Act. Subsection 443(1) stipulates:

No candidate, official agent of a candidate or person authorized under paragraph 446(c) to enter into contracts shall incur election expenses in an amount that is more than the election expenses limit calculated under section 440.

This is an important part of the Canada Elections Act and is an extremely important violation the member has been found guilty of.

Third, the member for Peterborough was found guilty of providing an electoral campaign return containing a false or misleading material statement in omitting to report a campaign contribution, an election expense, contrary to paragraphs 463(1)(a) and 497(3)(v) and subsection 500(5). Again, 463(1) stipulates very clearly:

No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 451(1) or 455(1) that (a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading;...

Finally, the member for Peterborough has been found guilty of providing a campaign return that did not substantially set out the required information by omitting to report a campaign contribution and election expense, contrary to paragraphs 463(1)(b) and 497(3)(v) and subsection 500(5).

Among the convictions on three counts, the final count was stayed, at the crown's request, following the finding of guilt.

Each of the three counts of which the member for Peterborough was found guilty carries a maximum penalty of $2,000, one year in prison, or both.

This is not a little event in the life of the House of Commons. There is a serious criminal conviction, in three cases, under the Canada Elections Act. The judge stated that the evidence provided by the member for Peterborough was incredible and full of inconsistencies and improbabilities and that the member for Peterborough frequently obfuscated.

Justice Lisa Cameron was very clear in terms of the guilty verdict she rendered on three counts for the member for Peterborough. What was the response from the member for Peterborough? I heard it myself on the radio. The member for Peterborough said that it was just her opinion.

This is not a matter of opinion. This is a matter of the law of the land not being respected by the member for Peterborough. The House is now seized with this question and has to make a decision about what comes next. There is no doubt that this is a serious violation of the Canada Elections Act, and it should be treated seriously.

Yesterday we had, from the government, its initial response on how it is going to respond to the important issue of convictions on three counts of violating the Canada Elections Act. I am certainly not going to reproach the government House leader for being very clear on where the government wants to go, but I think it is important to note that the government said very clearly that it wanted to do nothing. The Conservatives want to tuck it under a carpet and refer the whole matter to the procedure and House affairs committee.

On this side of the House, we believe that the serious violations of which this member has been convicted require serious measures. That is why we are putting forward a motion today that says very clearly, given the serious violations of the Canada Elections Act, that this House should immediately suspend the member.

That is our approach. The government has seemingly not wanted to take this approach. Seemingly, the government has said, no, it just wants to tuck it over to the procedure and House affairs committee. We disagree profoundly with that approach. We believe that these serious violations demand a serious response from this House of Commons.

Given the current government's track record, it is not surprising that the Conservatives would want to, in effect, by putting it over to the procedure and House affairs committee, try to sweep this under the carpet. However, when we couple this with what we have seen as a systematic pattern of behaviour by the Conservative government, members can begin to understand why we are concerned that the government's approach is to tuck this away in a committee rather than deal with a very serious series of violations and a guilty verdict that is very clear on three counts. Rather than tucking it under the carpet, we believe that serious measures are required.

On the Conservative government's history, when we look at the last three federal elections, I think, to a certain extent, there is diminished public trust in how the government approaches violations of the Canada Elections Act.

In 2006, the first election in which the current Conservative government was elected, we had the in-and-out scandal. What we saw following that were a number of Conservative Party operatives found guilty of breaking Elections Canada rules. They had to pay more than $52,000 in fines. Taxpayers spent more than $2.3 million for the investigation, which led to a five-year legal battle.

For the 2008 election campaign, we have the conviction we have just seen. The member for Peterborough has been convicted on three counts.

In 2011, we saw the robocall scandal. A former Conservative staffer has been found guilty. We have also seen the former member of Parliament, the former minister from Labrador, very clearly overspending and seeing that the Canada Elections Act did not apply.

There has been a systematic pattern of breaking the Canada Elections Act.

The Canada Elections Act is a fundamental Canadian value. It sets a level playing field for all candidates. It sets the rules for our democracy. Given these systematic violations we have seen over the course of the last few years, we say that on this case now coming before the House, it is important for the House of Commons to say that it is a serious violation. These three counts are serious in nature, and as a result, the House of Commons should be moving to immediately suspend the member from the right to sit or vote in this place, the right to sit on any committee in this place, and the right to collect his sessional allowance.

I have two final points I would like to make.

First, the procedure and House affairs committee is now nine months behind on its consideration of Motion No. 428.

Second, as we saw today, and as the leader of the official opposition mentioned, on Bill C-518, what we have seen is the government moving to extract from the Canada Elections Act a series of violations that would lead to the end of the sessional allowance. We do not stand for that on this side of the House, and the member for Toronto—Danforth will comment further.

EthicsOral Questions

November 4th, 2014 / 2:20 p.m.


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Outremont Québec

NDP

Thomas Mulcair NDPLeader of the Opposition

Actually, Mr. Speaker, Bill C-518 is in committee precisely because it has yet to be voted on in this House, and the amendment brought in by his government this morning would only be to the advantage of the disgraced member from Peterborough.

Our question was whether or not that was moral. We have all taken note of the fact that the Prime Minister cannot answer.

In 2011, robocalls, judged to be mostly Conservative database; 2006, in-and-out fraud; 2008, Peterborough. Every time he is elected, there has been a vote problem.

EthicsOral Questions

November 4th, 2014 / 2:20 p.m.


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Outremont Québec

NDP

Thomas Mulcair NDPLeader of the Opposition

Mr. Speaker, this morning the government surprised everyone. In parliamentary committee, they were studying Bill C-518 that would remove the pension of any member of Parliament convicted of an offence.

The amendment would make a new exception: it would no longer apply to convictions under the Elections Act. That amendment proposed by the government, and approved by all the government members of that committee, would only help one person, the member of Parliament for Peterborough.

Does the Prime Minister consider that moral?

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

May 26th, 2014 / 3:05 p.m.


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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on Procedure and House Affairs.

Pursuant to Standing Order 97(1), the committee is requesting an extension of 30 sitting days to consider Bill C-518, An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance), referred to the committee on Wednesday, February 26.

Statements by the Member for Mississauga-Streetsville—Reference to Standing CommitteePrivilegeOral Questions

March 4th, 2014 / 3:40 p.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, its members hate it when I point that out.

When the member for Mississauga—Streetsville misspoke in the House, he corrected the record and apologized.

When the entire NDP caucus says one thing to its constituents and then acts in completely the opposite direction in the House, it not only fails to apologize but, sadly, it does not even feel any shame.

We are still waiting on the member for Timmins—James Bay to apologize to his constituents for his reversal on the gun registry vote.

By telling its constituents one thing and doing another, the NDP's actions are an affront to democracy. Do as I say, not as I do. That is what it is saying.

Let us look at a few other important pieces of business currently at the Standing Committee on Procedure and House Affairs.

Motion No. 431, sponsored by the member for Saskatoon—Humboldt, was passed just last month. That motion reads:

That the Standing Committee on Procedure and House Affairs be instructed to: (a) consider the election of committee chairs by means of a preferential ballot system by all the Members of the House of Commons, at the beginning of each session and prior to the establishment of the membership of the standing committees; (b) study the practices of other Westminster-style Parliaments in relation to the election of Committee Chairs; (c) propose any necessary modifications to the Standing Orders and practices of the House; and (d) report its findings to the House no later than six months following the adoption of this order.

Just like the motion by the member for Burnaby—Douglas, Motion No. 431 passed the House and deserves to be studied by the Standing Committee on Procedure and House Affairs. Again, and unfortunately, the NDP's obstructionist actions are causing needless delays at committee.

Yet again the House adopted a deadline as part of its order to the committee to study the issue. For this particular matter it set a six-month deadline, which means that the procedure and House affairs committee will need to wind up its work by the summer.

There is yet another item referred to the Standing Committee on Procedure and House Affairs just last week that the opposition seems intent on delaying and obstructing, Bill C-518, Protecting Taxpayers and Revoking Pensions of Convicted Politicians Act. Bill C-518 would strip convicted crooked politicians of their pensions. We have to wonder why the opposition wants to avoid studying this. The New Democrats should not be protecting the pensions of politicians who break the law, but by their actions on this question of privilege, that is exactly what they are doing.

As we know, private members' bills are on a guaranteed timetable that includes a deadline of 60 sitting days for a committee to consider a bill. That means that our procedure and House affairs committee would need to deal with this by the first few sitting days in September. I hate to think that their motives are sinister, so I call upon the opposition parties not to pass this motion so that the procedure and House affairs committee can get on with its work.

On top of those items of business, the committee also has other important business before it not under the gun of a tight deadline. It has been working off and on for the past two years on a review of our Standing Orders, the very rules and procedures governing how we do our work on Parliament Hill.

In October, the House voted to refer this issue back to the committee so that it could study it as part of its ongoing agenda. Also in October, the House adopted an order of reference for the committee to study a different question of privilege. I understand that the committee is still working and trying to hear from the last witnesses on that issue.

Additionally, the procedure and House affairs committee will at some point get back to the five-year review of the Conflict of Interest Code for Members of the House of Commons. It started that project some time ago, but its conclusion awaits committee having the free time to do so.

Here we have a proposal by the NDP to send something else to the Standing Committee on Procedure and House Affairs to add to its very busy agenda. We already know all of the facts here. The hon. member for Mississauga—Streetsville came forward to acknowledge and apologize for what happened. He did that on his own, unrequested by the Speaker or anyone else. What is left for the committee to study? All of this leaves me scratching my head, wondering what the game of the NDP is. It has become quite clear.

The NDP is simply looking to block and delay the fair elections act despite the Chief Electoral Officer saying that we need to amend our electoral laws by this spring for them to have appropriate effect by the 2015 election.

I call upon the NDP to let the procedure and House affairs committee finally begin hearing witnesses on the fair elections act. As I said earlier, this legislation needs to become law within the next few months. Despite the NDP's filibuster at committee, Conservatives believe that the committee needs to get down to work.

I understand that the Chief Electoral Officer and other important witnesses are ready to testify. We could have started hearing witnesses weeks ago, but the NDP is afraid to hear witnesses. Why do those members not want to hear from Harry Neufeld, Jean-Pierre Kingsley, and others? I think it is pretty obvious. Of course they do not want to hear Mr. Kingsley. He gave our bill an A minus. No wonder the NDP would not want him appearing before the procedure and House affairs committee. Why do those members not want to hear from first nation groups? Why do they not want to hear from groups representing those with disabilities? I think we can all figure it out.

The NDP claims that it wanted to hear from Canadians on the fair elections act, but every action the party has taken since the bill was introduced, from the filibuster at the procedure and House affairs committee to the debate on the motion here today to add to that committee's agenda, has been an attempt to disrupt the progress of the fair elections act and to avoid hearing from witnesses. That party may not like what it hears.

Why do NDP members not come clean with Canadians and admit that they are simply trying to be obstructionist? They do not care what it costs or what important legislation is held up as a result. That is exactly why the NDP will never form government. That party simply does not understand what it is like to balance priorities, an important part of governing.

I have only known the member for Mississauga—Streetsville for about two years, but I find him to be a good and decent member of Parliament, who has delivered a great deal for the residents of his riding. He rightly corrected the record in the House after realizing that he misspoke. I consider this matter closed. Most Canadians consider this matter closed. I encourage everyone to vote accordingly.

We all make mistakes in life. We all make mistakes as members of Parliament. I have made them myself. Just this morning the member for Saanich—Gulf Islands was at our committee and I mistakenly was going to allow her to vote, although she did not have a vote. We corrected that. It was not a big deal. We own up to our errors, and that is what the member for Mississauga—Streetsville did. End of story.

Protecting Taxpayers and Revoking Pensions of Convicted Politicians ActRoutine Proceedings

June 3rd, 2013 / 3:10 p.m.


See context

Conservative

John Williamson Conservative New Brunswick Southwest, NB

moved for leave to introduce Bill C-518, An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance).

Mr. Speaker, the alternative title of the bill I am putting forward today is the protecting taxpayers and revoking pensions of convicted politicians act. Should this bill become law, it would revoke the parliamentary pensions of any senator or elected member convicted of an offence under any act of Parliament for which the maximum punishment is imprisonment for more than two years.

There are two points I would like to highlight on this bill.

First, the way the bill is written, those people found guilty are not required to serve a sentence of more than two years. It is simply that the maximum penalty be two years or more. Therefore, there could be a member who is sentenced for a period of six months, as was the case at one point with a not so honourable member from the other place.

Second, this bill would be made retroactive to today, June 3, 2013. In doing so, I have adopted the aim and intent of a bill from Nova Scotia, which followed the same precedent.

Therefore, I ask that this bill be brought forward for debate in the House.

(Motions deemed adopted, bill read the first time and printed)