Evidence of meeting #27 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was inquiry.
A recording is available from Parliament.
Bloc
Richard Nadeau Bloc Gatineau, QC
I see. It is similar. But there are still some differences for example your appointment to the position, and other things. You have talked about departure and recruitment, which are all parts of the big picture.
You have a litigation department, attorneys to do the work, and you work with lawyers in private practice.
Do you deal with lawyers in private practice? I see Ms. Benoit shaking her head.
Denise Benoit Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner
We no longer do.
Bloc
Richard Nadeau Bloc Gatineau, QC
You no longer do. So only lawyers that are actually with the Office are there to do the work.
You mentioned three types of reports but—and this is part of what is on my mind—I don't see an annual report. Are you not required to submit an annual report?
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes, we are.
Bloc
Richard Nadeau Bloc Gatineau, QC
In the course of your duties, do you believe that it is important to submit an annual report—to the committee, for example, because you do still report to the House of Commons—an annual report on how you operate and how things could be improved. In other words, the annual report would be different from the three reports you are required to submit.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I am not sure I have understood your question properly.
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Perhaps you could use the interpretation system, which is available.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I did understand your question, but—
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Bloc
Richard Nadeau Bloc Gatineau, QC
However, you are not require to table a general annual report in the House of Commons.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes, two of the three reports.
Bloc
Bloc
Richard Nadeau Bloc Gatineau, QC
There is one report on members sponsored travel, the sponsored Travel List, one on the application of the MP Code, and one on the application of the Conflict of Interest Act.
Those are the three reports you are obliged by law to table in the House of Commons.
As Commissioner, you have an overview on the task with which you have been charged, and it would be to your benefit if you tabled a report on aspects that need to be improved, things that need to be rethought, considerations flowing from the other three reports—which are still very specific and touch on profoundly ethical and very well ordered considerations. From an administrative management standpoint, it could be useful to indicate the problems you face, and the solutions you might suggest, somewhat like the Official Languages Commissioner does, for instance.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I believe that is exactly what I will be doing in my two annual reports, one of which will be on the Code and one of which will be on the Act. That is why I failed to understand what you meant.
We do not need to table a third annual report, because I hope to say everything I have to say in the two annual reports I will already be tabling. There will be more to say each year, but I do know that this year, I will be making observations and comments.
Bloc
Richard Nadeau Bloc Gatineau, QC
Observations and comments, but within those frameworks. Those frameworks are therefore not as rigid as they seem to be here, on the sheet of paper before us.
I have a question that may be out of order. If it is, Mr. Chairman, you will of course tell me.
We are talking about the ethics committee, and an ethics commissioner, so I will go straight to the heart of one specific issue: the sponsorship scandal.
I will give you very clear and specific example. We know that funds were misappropriated, and processes not properly applied. One political party in particular was involved, but we will not name that party. At issue is a great deal of money which must be returned to taxpayers in Quebec and Canada.
Could the Ethics Commissioner take action and say that a certain amount of money—say, x million dollars—is due? Can the Ethics Commissioner state that measures must be taken to have the money returned to Canadian taxpayers?
In the case of actions that are unethical, would that be part of your mandate?
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
In a word, no, I don't think so. My mandate generally covers issues relating to conflict of interest. It is a fairly narrow mandate.
Bloc
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
That is an interesting point, because the word “ethics” almost never appears in the Act, except in my title and with my name. It is mentioned only in the Act of Parliament, which states that I may advise the Prime Minister when he asks for such advice on a range of limited issues, and also on ethics.
Bloc
Richard Nadeau Bloc Gatineau, QC
Because we know that the prime minister of the day may be a member of the party which is in the wrong at that point.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Bloc
Richard Nadeau Bloc Gatineau, QC
You provide good and wise advice, and the prime minister then does with it what he wishes, I presume.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes, but that constitutes only a very small part of my work.
Commissioner, Office of the Conflict of Interest and Ethics Commissioner
In general, I submit my reports to Parliament.