An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment establishes the National Security and Intelligence Committee of Parliamentarians and sets out its composition and mandate. In addition, it establishes the Committee’s Secretariat, the role of which is to assist the Committee in fulfilling its mandate. It also makes consequential amendments to certain Acts.

Elsewhere

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

Votes

April 4, 2017 Passed That the Bill be now read a third time and do pass.
April 4, 2017 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, be not now read a third time but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering Clauses 8, 14, and 16 with a view to assessing whether the investigatory powers and limits defined in these clauses allow for sufficiently robust oversight of ongoing intelligence and national security activities”.
March 20, 2017 Passed That Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 20, 2017 Passed 16 (1) The appropriate Minister for a department may refuse to provide information to which the Committee would, but for this section, otherwise be entitled to have access and that is under the control of that department, but only if he or she is of the opinion that (a) the information constitutes special operational information, as defined in subsection 8(1) of the Security of Information Act; and (b) provision of the information would be injurious to national security. (2) If the appropriate Minister refuses to provide information under subsection (1), he or she must inform the Committee of his or her decision and the reasons for the decision. (3) If the appropriate Minister makes the decision in respect of any of the following information, he or she must provide the decision and reasons to, (a) in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; (b) in the case of information under the control of the Communications Security Establishment, the Commissioner of the Communications Security Establishment; and (c) in the case of information under the control of the Canadian Security Intelligence Service, the Security Intelligence Review Committee.
March 20, 2017 Passed 14 The Committee is not entitled to have access to any of the following information: (a) a confidence of the Queen's Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act; (c) the identity of a person who was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada, or the government of a province or of any state allied with Canada, or information from which the person’s identity could be inferred; (d) information relating directly to an ongoing investigation carried out by a law enforcement agency that may lead to a prosecution.
March 20, 2017 Passed to sections 14 and 16, the Committee is entitled to have access to ed by litigation privilege or by solicitor-client privilege or the professional
March 20, 2017 Failed That Motion No. 3 be amended by deleting paragraph (a).
March 20, 2017 Passed and up to ten other members, each of whom must be a (2) The Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who
March 20, 2017 Passed That, in relation to Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 4, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 12:50 p.m.
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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I have taken my colleague up on his offer to take a look at proposed clause 21(5). The first thing that I would point out to my colleague is that there is a reference to the word security. He just indicated that there was none. I just want to clarify that there are certain important thresholds that do form the Prime Minister's discretion when it comes to having an ongoing dialogue with the committee about the nature of the report, which will be filed in the House as is required by the legislation. The other important thing that I would like to point out to my colleague is that the clause does require the Prime Minister to consult with the chair of the parliamentary oversight committee.

When it comes to consultation and to having a two-way dialogue, I am proud of the way our government has raised the standards on both of these important principles, something that the hon. member and his party would do well to learn.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 12:55 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I am delighted to speak to the proposed legislation before us today to deliver on the commitment we made to Canadians to improve the scrutiny and review of the national security and intelligence activities of the Government of Canada. It is in answer to what Canadians wanted and what was reflected when I knocked on doors in my riding of Surrey Centre.

As members have heard, Bill C-22 would allow for the establishment of a national security and intelligence committee of parliamentarians, a multi-partisan committee that would examine and report on the government's national security and intelligence activities, an area that many Canadians feel is far too opaque.

This important bill is a key component of our ambitious national security agenda, one that is focused on achieving the dual objectives of keeping Canadians safe and safeguarding the rights and freedoms we all enjoy as Canadians. As I will explain today, the work of the committee will be vital in helping us achieve both of those objectives.

In terms of structure, the proposed committee would be a statutory entity whose members would be drawn from the ranks of current parliamentarians across party lines. It would be composed of nine members, which includes seven members of Parliament, with a maximum of four being from the governing party, and two from the Senate.

Given the nature of its mandate, the committee would be granted unprecedented access to classified material. A dedicated, professional, and independent secretariat would support the work of the committee to ensure it has the tools and resources it needs to carry out its work.

The next element I want to touch upon is the proposed mandate of the committee. Indeed, one of the ways in which we would ensure that the committee is effective is by giving it a broad mandate. It would have the ability to review the full range of national security activities in all departments and agencies across the Government of Canada. That is a key tenet of the bill and is crucial to what we are trying to achieve.

Some 20 different agencies and departments are involved, albeit to varying degrees, in national security and intelligence activities. The committee would be able to look at all of this work to gain a full picture of what government agencies and departments are doing in national security and intelligence matters.

In terms of this mandate, the model and vision go even further than that which exists in most countries in the world where a similar type of committee currently exists. The committee would have the authority to self-initiate reviews of the legislative, regulatory, policy, financial, and administrative frameworks for national security in Canada; in other words, it would be able to look at the matters it wants to look at. Its goal would be to ensure the effectiveness of the framework, as well as its respect for Canadian values.

Beyond this power to look at the national security framework, it would also be empowered to review specific national security and intelligence operations, notably including those that are still ongoing. Understandably, this power would not be entirely unfettered. The appropriate minister for a department or agency may refuse to provide information if the information constitutes special operational information and the provision of information would be injurious to national security. This is a necessary provision to ensure the integrity of our national security operations, which can be highly sensitive. However, committee members would be able to bring pressure to bear on the government of the day by telling Canadians if they have uncovered something problematic, without discussing the specifics.

We also know that the Prime Minister or minister would not want to be the one defending his or her position to block an inquiry unless it is absolutely necessary. Therefore, I feel that this on its own would be an adequate deterrent to prevent the unnecessary blocks to inquiries.

Our government is incredibly proud of this bill because it would fill a gap in the national security accountability framework in our country, an assessment with which I know many members of this House would agree.

I would note that it is a shortcoming that several past and present parliamentarians have tried to address with other legislative proposals in the past. We certainly look forward to hearing any input from them, and indeed all members, throughout this legislative process.

At the same time, there may be some who would say that the review and accountability already exist when it comes to national security. It is true, of course, that a number of review bodies already provide a review function for their own specific organization, as the Civilian Review and Complaints Commission does for the RCMP and the Security and Intelligence Review Committee does for CSIS.

However, at a time when departments and agencies have been granted new mandates and new powers to disclose national security related information to each other, it is incumbent on parliamentarians to be able to meaningfully review Canada's overarching national security framework, as well as the operations of our national security agencies, so that we can make informed decisions about our laws and the effective use of our resources in protecting our national security.

Thankfully, Canada's security agencies have not been abused by the ministers or governments that run them, but in countries where there is an absence of parliamentary oversight, the security and intelligence review agencies have become political tools for the powers that govern them. Therefore, the prudent thing to do is to create a parliamentary oversight committee prior to such events occurring here in Canada.

That is also why we will be encouraging the new committee to co-operate and collaborate with existing review bodies, to avoid overlap and build on the great work that has already been done. For example, receiving copies of the reports that the review bodies draft would be beneficial for the committee for a number of reasons, including avoiding inadvertent duplication of effort, keeping abreast of potential areas of concern, and being able to follow up with its own reviews when deemed necessary. It is important to note, however, that the existing review bodies would remain autonomous institutions with distinct mandates, and such collaboration, while desirable, would be voluntary.

In terms of reporting, the committee would be required to prepare a minimum of one annual report. After the appropriate vetting to safeguard classified information, that report would be tabled in Parliament. It would also have latitude to issue other reports on any topics it deemed urgent and in the public interest.

On that note, I suggest that when the committee is struck, it be a committee that ensures that Canadians from all walks of life, races, creeds, cultures, and minority groups be protected and included.

Canadians must have faith in our security operations that are designed to protect us from the very real threats that we face in 2016. That said, it is important to maintain the dignity and the trust in the government departments and agencies whose mandates include security, and the bill before this House does exactly that.

At the helms of our law enforcement and intelligence agencies are Canada's best and brightest. Canadians are proud of the hard work and sacrifice they make to protect our country. However, it is common when organizations work in silos that the big picture may be omitted.

Retired Justice John Major once said that it was a cascading series of errors in response to the early interactions between the RCMP and the newly created security agency, CSIS, that resulted in a security breech. We have come a long way since and have made significant improvements in that relationship, and the bill represents the next step in that progress.

I ask the House to monitor and scrutinize this legislation as necessary in the years ahead. As parliamentarians, it is our job to ensure that the legislation is up to date and that it is always in the best interests of Canadians.

We look forward to engaging in constructive and thoughtful debate with members on all sides of the House on this and other issues related to improving our national security.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:05 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, there are some things that are concerning to me.

In the past, the Liberal Party became very concerned and expressed angst about there being too much power in the previous PMO. The member said that the current review systems could become political tools of the government of the day. When he says things like that, I wonder why he can justify Bill C-22, which basically gives an amazing amount of control and power to the PM, or possibly to his office. Why is he comfortable with the bill giving so much power to the Prime Minister?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:05 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, what I have found troubling is the security agencies in countries like India and Pakistan and others, which have western democratic systems, that are working in the silos of the ministry on their own. These countries have used these agencies as political tools to advance their own political agenda, and the agencies have been unfettered. No one there has had any oversight. In fact, a critique of one of their own retired senior intelligence officers was that one of the problems with those agencies was that they have no parliamentary oversight.

I am not troubled when I know that ministers, in particular the Prime Minister, may at certain times have to block these reports, because even if he or she blocks them, a committee of parliamentarians will know that the reports have been blocked. They will be able to go public and say they were blocked without jeopardizing any investigation. Therefore, this power will not be used very lightly and I am comfortable for our national security interests and our ongoing operations that the power may reside in the Government of Canada.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:05 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I thank the member for Surrey Centre for his well-spoken remarks. He sits in the seat I first sat in when I arrived in the House back in 2004. I think some of his comments bear follow-up, particularly on the difference between what the government purported it would do with oversight and what it is actually doing in the bill.

There are a number of concerns. First, our allies have independent elected chairs of their oversight committees. That will not happen in the bill, tragically. Second, the ability of the Prime Minister's Office to censor the oversight committee's reports is a real concern. Third, and this is something that flies right back to 2004 when I was first elected and this issue was studied by an all-party committee, an oversight committee must have full access to classified information. That will not happen in the bill either.

These are major shortcomings, major problems. The principle of the bill is one thing, but the shortcomings are quite another. I would like the member to comment on these shortcomings.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:05 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I am glad I am filling the member's shoes in this seat. He is a member of Parliament for my former area of residence, and I am glad I am following in good footsteps.

When it comes to the censorship issue, I believe the only thing that would be censored would be classified information, particularly with respect to intelligence agents and informants. As we have been advised, even the Minister of Public Safety does not want to know the names of informants. I think that is integral to maintaining the sanctity of the relationship with informants. It is critical in our system, and if I were on that committee, I would not want to know those names for their sake and their operational safety.

When it comes to some of the responsibilities to appoint the chair and the ability of the Prime Minister to stop an investigation from happening, we must take this legislation as something that is going to grow and be revised from time to time, if we see it as ineffective and not achieving its mandate. However, in its current form, it will be very adequate. It will govern itself and the fact that there are parliamentarians who will know they were blocked on this will in itself be a great deterrent. However, if it—

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:10 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order, please. Unfortunately, the time for questions and comments has expired.

Resuming debate, the hon. member for Bruce—Grey—Owen Sound.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:10 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-22, the national security and intelligence committee of parliamentarians act. Today, I would like to focus my remarks on four main areas of concern I have with the legislation as currently drafted.

However, before I begin, I would like to take a few moments to recognize the important work done by the men and women who serve our country's national security agencies. The work done by these agencies is paramount to the public safety of all Canadians, and I commend those who work tirelessly to keep us all safe. Like you, Mr. Speaker, and anyone else who was in the House two years ago on October 22, I have a lot of respect and admiration for those who kept us all safe that day. It could have been a different outcome. To all of those who were here that day and kept us all safe and able to go home to our families, I thank them very much.

We are not immune to the threats our allies are facing around the world from terrorism and homegrown radicalization. In fact, we all witnessed the tremendous work of our national security agencies this summer when they were able to stop a potential terror attack in Strathroy, Ontario, a community just a few hours south of my riding of Bruce—Grey—Owen Sound. My colleague here beside me represents that area and knows how the situation could have turned out much worse. Our security agencies were able to identify and intercept a threat from a radicalized individual before he was able to place homemade explosive devices in public locations. Without our security agencies, this could have ended in disaster. Again, I thank those who work around the clock to keep us all safe from threats like these and all others.

I would like to highlight four main areas of concern that I have with the legislation. They include the timing of the legislation and appointment of the chair; the membership of the national security and intelligence committee of parliamentarians, which I will refer to as the committee; the level of access that the committee will have to important information; and the channels through which the committee will release its reports.

First and foremost, I feel that the timing of the legislation is strange. The government introduced the legislation in the final days before the House rose for the summer last session. This is fine and dandy, but we found out during the summer that the Minister of Public Safety would be launching a cross-country consultation on Canada's national security framework. The Department of Public Safety listed the topics for discussion at this consultation as accountability, prevention, threat reduction, domestic national security information sharing, the passenger protect program, the Criminal Code's terrorism measures, the terrorist entry listing procedures, and others as part of the scope of the consultation. It seems to me there are a number of aspects of the legislation that could be significantly impacted by what is heard from Canadians as the government carries out these consultations.

Furthermore, the minister has written to the Standing Committee on Public Safety and National Security, which I am a member of, to ask that the committee also engage in cross-country consultations with Canadians on Canada's national security framework. As vice-chair of this committee, I am looking forward to travelling across Canada to hear from interested Canadians on what they think about these very important topics. However, what I am concerned about is that the government once again has put the cart before the horse. I do not understand why or how it makes sense to anyone to table this legislation and several other pieces of legislation before the House when we have not yet consulted Canadians, unless of course the government is just carrying out these consultations to pretend it is actually consulting. I sincerely hope that that is not the case, but it certainly appears that it is exactly what it is doing.

Furthermore, I find it deeply concerning that the government named the chair of the committee before it even put the legislation before the House. The member for Ottawa South was named as the chair of the committee more than five months before the legislation was brought before the House.

I respect the member for Ottawa South as I do all colleagues in the House. I sat for a few years on the transportation committee with him. It is not about him so much as the process, and some other points that I will mention.

I have served on many different committees since I became a member of Parliament back in 2004, and never, not once, have I joined a newly-formed committee that already has had a chair for months. The chair is always selected by the committee members through an election at the first meeting of the committee.

We all know, and I am not naive, that when the Liberals are in power, or whichever party is in power, that it will be one of them that gets elected. However, we still have the election, and that is not happening in this case.

I actually find it very ironic that the government has already named the chair of this important committee, given that it was the Liberal Party during the election campaign that called and screamed for more accountability for parliamentary committees. Where is it?

The Liberal Party platform states on the increase on accountability that “...we will strengthen the role of Parliamentary committee chairs, including elections by secret ballot”. Does that sound like what we are doing? Not at all.

Why should the process be any different for this new committee? The chair should have never been appointed before the membership was even consulted.

This leads to my second concern with the legislation as it is currently drafted. I have several concerns with how the membership of this new committee will be formed.

The legislation states that the committee will be composed of the chair, up to seven members of Parliament, and up to two senators, and will become members of the committee through a Governor in Council appointment on the recommendation of the Prime Minister.

My concern is that membership on the committee is at the discretion of the Prime Minister rather than Parliament. Indeed, it has been expressed by many Canadians that they want parliamentary oversight of their national security agencies. What they do not want is for the Prime Minister to basically bypass Parliament and have full control of the committee, because that is the way it is designed.

If this committee is going to provide parliamentary oversight, then the membership of the committee should be approved by Parliament and not the Prime Minister. This committee should not be seen as an extension of the PMO.

Furthermore, in reading the legislation further, I note that the bill does outline security and confidentiality guidelines for the members of the committee, with each member having to obtain and maintain a security clearance, which is all good. They also have to take an oath or solemn affirmation, and comply with procedures and practices. Additionally, members are prohibited from knowingly disclosing information that was obtained in the course of exercising their under the act, and no member of the committee may claim immunity based on parliamentary privilege. I totally agree with that.

These provisions are very important, and I am delighted to see them in the bill. However, it is very unfortunate that there is not one measure or clause that would require members who are appointed to the committee to have at least some type of former experience related to the national security environment. The current chair does not have any previous such experience. I find it very difficult to believe that this committee will be able to effectively carry out important work related to our national security agencies if this is the very first time it has ever worked in such a field. It simply does not add up.

The reason for oversight is actual and legitimate oversight. We are not going to get that. I do not know how someone who is still getting his or her feet wet on the file is able to provide proper and actual oversight. This is a significant flaw in the legislation which I hope will be addressed as we move forward on the bill.

My third area of concern with the legislation relates to the level of access that the committee would have to important documents regarding the operation of Canada's national security and intelligence agencies.

As the legislation is currently drafted, it is extremely limiting with respect to the information that the committee will have access to and it entrusts a lot of power to the Prime Minister and several ministers to limit access to information for the committee when they see fit. It is totally inappropriate and absolutely unacceptable.

If we want this committee to provide true, independent oversight of our national security agencies, then the bill will need some amending. I hope the government is open to constructive criticism.

As it stands, the bill would give the government far too much power to block the committee at every turn and to limit what it would be able to investigate. This would significantly limit the ability of the committee to fulfill its mandate. Again, this is supposed to be a committee of parliamentarians, not an arm of the Liberal Party of Canada.

My final area of concern deals with the way in which the committee would report its findings to the House and by extension, the public.

The legislation is clear in stating that the committee will be required to submit annual reports on a yearly basis and special reports as required. This is great. The only problem is that these reports are given directly to the Prime Minister, rather than to all of us in Parliament. Again, that is totally unacceptable.

These reports are to contain the committee's findings and recommendations, and the Prime Minister then has the ability to remove any information that he may deem harmful to national security or defence before the report is tabled in the House of Commons. Essentially, the legislation would give the Prime Minister a final say on what is reported to the House.

I know members have sat on various committees. That is not how it works and that is not how it is supposed to work. However, under the current government, it seems to be the way it wants to do some things.

While it is very important that there are checks and balances, and I do not have an issue with that, to ensure that nothing in the committee reports harms our national security, I am definitely sure that giving the Prime Minister's Office a veto power over the contents of this report is not the best way to go about this. That is the committee's responsibility.

As I have stated a number of times throughout my remarks today, this is supposed to be a committee that provides parliamentary oversight. In this regard, the committee should be reporting directly to Parliament and should not have to get a stamp of approval from the PMO.

This truly removes the ability of the committee to act independently and gives the PMO a significant amount of influence over the committee, which I find ironic since the Prime Minister promised during the campaign to decrease the role of the PMO. I guess that was 2015 then. It is 2016 now.

Having highlighted my main areas of concern with the legislation, I want to take just a few moments to highlight how the United Kingdom has formed its own committee for parliamentary oversight of its national security agencies.

I know the minister and the chair of the committee have done some travel to do some fact-finding, but I am not sure the best practices from other countries have made their way into this legislation. We should learn from other countries when possible. We do not need to reinvent the wheel.

It is important to only make comparisons between Canada and other Westminister parliaments because, as I have repeatedly stated today, this is to be a committee of parliamentarians that reports to and for Parliament. This leads into the comparison that I want to make.

The Parliament of the United Kingdom established its intelligence and security committee of Parliament in 1994 to examine policy, administration, and expenditures of the security service, secret intelligence service, and the government communications headquarters.

In 2013, three years ago, and some nineteen years after the original legislation, it made very significant reforms to make this a committee of Parliament, with a number of greater powers. The members of this committee are appointed by Parliament, and it reports directly to Parliament. Issues of national security are reported directly to the Prime Minister. Furthermore, the members are given access to highly classified material.

To me, this seems like a committee that has much more independence from the prime minister's office and has the appropriate level of access to classified material to truly provide proper oversight.

The most important fundamental difference between the committee proposed in Bill C-22 and the committee that operates in the United Kingdom is that members are appointed by, and report to, Parliament and Parliament alone.

Again, as I have stated, if this is to be a committee of parliamentarians that provides parliamentary oversight, then the committee should be beholden to Parliament and not to the Prime Minister or the Prime Minister's office.

I would be very curious to know this. When the minister travelled to the United Kingdom, was he advised against making this committee an extension of the PMO? Was he encouraged to adopt the committee structure that came out of the reforms in the United Kingdom in 2013?

The reason this is a key point is that we have been a little away from some of the hot spots in the Middle East, where terrorism seemed to blossom. However, England and Britain saw this a lot quicker than we did, so their legislation has been there for some time. The longer a piece of legislation is place, no matter what it has to deal with, we learn things from it. I do not care how smart any of us in the House are, or any government, It would be wrong to say that every bill we draft is perfect. That is not the case. As things evolve and change, we adapt and make changes, which is what the Brits did in 2013.

The other bill seemed to be very similar to what the government is putting in place today. The United Kingdom realized that after 19 years, or 17 years, whatever it turned out to be, that it was not doing the job, that it was not right. Therefore, it has been changed to make it right. We should have followed those changes, and it is obvious we did not.

The Parliaments of Australia and New Zealand also have parliamentary committees that provide oversight over their national security agencies, though they are much different than what is proposed by Bill C-22. The United Kingdom offers the closest comparison to Bill C-22.

Therefore, we should learn from the experience of the United Kingdom. It has had some form of parliamentary oversight since 1994. Clearly the reforms that were made back in 2013 were brought about for a reason. We should, to the greatest extent possible, offer a similar model that reflects the lessons learned in the UK from having such a body in place for more than 20 years now.

Finally, I hope the minister and his department consulted all of the current oversight agencies when drafting this legislation to ensure that there would not be a duplication of work on this committee. The committee should respect the agencies already in place and work alongside them in providing parliamentary oversight.

I look forward to hearing from oversight agencies, such as the Office of the Communications Security Establishment Commissioner, Civilian Review and Complaints Commission for the RCMP, and the Security Intelligence Review Committee on this legislation.

In closing, I look forward to the rest of the debate that is going to take place today and in the coming weeks and months. I look forward to taking some questions from my hon. colleagues.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:30 p.m.
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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, I want to thank my hon. colleague from Bruce—Grey—Owen Sound for what I thought was a very thoughtful and engaging presentation to the House of his thoughts on Bill C-22. I have listened carefully to the comments from the official opposition over the course of the debate so far, and I do want to say that I am heartened here on the government side that there seems to have been a change of heart now that the official opposition sits on the opposition benches. Not too long ago it was the government and was at that time not as receptive to the basic content of what now is being proposed with Bill C-22.

My friend laid out, I think, four broad criticisms, and to me they seem primarily related to issues of process. I am only going to dig into one of them.

That, namely, is with respect to membership in the committee. The member indicated that it was his view that the members of this particular parliamentary review committee should have a background in security. However, I would argue, perhaps, that what is most important is that the members be independent and have an open mind with respect to challenging the positions that are advanced by the government, and not necessarily be captured by particular perspectives; for example, if they had previously served in a security agency or with the police, they would have particular perspectives.

Does my friend have a particular thought, or would he be willing to consider who ought to sit on that particular committee?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:30 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I want to thank my colleague on the other side for his question, and welcome him to this very prestigious place.

There are just two points I want to make. Not once did I or anyone from this side, to my recollection, say that we should not have this kind oversight or committee with our security intelligence agencies. However, it was the process. Way back when, the minister announced there was going to be a committee, and before that committee was even formed he told us who the chair was. It is not about not supporting this kind of a committee. It never was about that, and it never will be. Again, it is that process.

To the member's question, if I were a police officer or somebody out there who has some background in intelligence and security, I think I would have taken his comment as basically implying that it would be better not to have members with experience from the security or policing side. I do not think they would agree with that.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:30 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank my colleague for his speech. He pointed out most of the shortcomings of Bill C-22.

For example, he noted that the chair would be appointed rather than elected by his peers on the parliamentary committee. Given that he would by appointed by the Prime Minister himself, the chair would be beholden to him.

In addition, unlike our security agencies, the committee's access to certain information will be limited. Furthermore, the Prime Minister can accept or reject certain parts or all of the report to be tabled in Parliament. In other words, it is as though the Prime Minister was telling a parliamentary committee that he had the final say on the parliamentary committee's report.

My colleague has a lot of experience sitting on parliamentary committees, and he knows how they work. It would be inconceivable for the Prime Minister to have the power to completely suppress the entire report that a committee wants to table in the House.

What message does that send about the Prime Minister's confidence in the institution of the House and its members?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:35 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I thank the member for a great question and a dead-on observation.

Of course giving lip service is all that this is doing. The committee is just a figurehead, so to speak. The Prime Minister, in his instructions to the minister, obviously has told the minister to draft this legislation so that basically the Prime Minister has final say. I can dwell on and talk about that for another hour, but I know I do not have that time.

The bottom line is that the member who just asked the question is absolutely right. The committee just turns out to be a figurehead, its members will go through the due process, but at the end of the day it will not matter one iota.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:35 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, that last statement by the member was absolutely ridiculous. This committee would not be an extension of the Prime Minister's Office. The fact of the matter is that somebody has to name this committee. The committee would be made up of the chair plus eight members, four from the government side. Is the member telling us in the House that the five members on that committee, which includes two senators, do not have the ability to challenge the Prime Minister?

There are security matters, in relation to our colleagues around the world, for which a government has to take responsibility. Therefore, the Prime Minister has to be a check and balance. However, if the committee does not agree that the Prime Minister should restrict an item, then it would naturally report it to the House and the Prime Minister would face some heat for that. The Prime Minister would be very reluctant to veto what is in the report.

There have to be checks and balances. We need this oversight committee, and I have faith in the parliamentarians who would be appointed to that committee that they would do their job in terms of the balance of safety and security.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:35 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I have seen the red face and the thrust from the member from Malpeque for years. With all due respect to the member, it is not that I doubt that the parliamentarians on that committee would do their job, but at the end of the day, if the Prime Minister did not agree with them, he would veto it.

The member and I both sat on the agriculture committee for years, and the member quite often displayed how, at the end of the day, when he dealt with agriculture all the time and was in government, most the time it did not matter because he was overruled anyway. It should come as no surprise to him. I doubt the current government is any different from the last one in which he served. At the end of the day, the PMO is going to decide what direction that committee takes, not parliamentarians.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

September 27th, 2016 / 1:35 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I would like to congratulate my friend from Bruce—Grey—Owen Sound for his good work on this file.

I would like my friend to talk about the level of hypocrisy we are seeing on the other side of the House now. When Liberal members were in opposition, they yelled, screamed, jumped up and down as if, my goodness, the world was ending because the PMO had too much power. What are they doing right now? They are giving veto power to the PMO and have appointed a chair to a committee that has not been started yet.

Maybe my friend could make some sense of out this, because I cannot.