Mr. Chairman, this goes back to the earlier explanation I was giving with respect to proposed sections 86, 87, and 88. Just as a factual matter I'd point out that the amendment being proposed here would be to proposed subsection 87(4), which is with respect to the general direction of the committee being given to the Conflict of Interest and Ethics Commissioner with respect to his role involving the House.
Now, earlier we had an amendment proposed--I believe it was L-1.3--that would have added the identical language to proposed subsection 86(4), but I believe the proponent decided to drop that proposal. So you would now have the situation where in subsection 86(4) you would not have that language added, but you will have it added to subsection 87(4.
The effect, if you will, though, is to change the nature of the greater certainty that's added here. The greater certainty added here is to say to the committee that is giving direction to the Conflict of Interest and Ethics Commissioner in his or her capacity with respect to the House members, just in case there's any confusion here, this committee is not going to be giving you direction with respect to the Conflict of Interest Act when you're applying it to ministers, parliamentary secretaries, and ministers of state.
The current wording would have that effect. Adding on the qualifier would suggest that it would have that effect only when they are acting in their capacity as ministers of the Crown, ministers of state, or parliamentary secretaries. The concern that might arise is that the interpreter, again faced with the differing language in proposed subsections 86(4) and 87(4), would say, so I suppose the committee must then have something to say to the Conflict of Interest and Ethics Commissioner with respect to the Conflict of Interest Act and its application to ministers and parliamentary secretaries when they are not acting in their capacity.
And if I may, it's quite possible that under the act, the Conflict of Interest and Ethics Commissioner would be making determinations with respect to ministers and parliamentary secretaries when they're not exactly acting in their capacity. For example, with respect to travel, the obligations with respect to travel don't apply just when they're acting in their capacity as such; they apply at all times.