Evidence of meeting #42 for Access to Information, Privacy and Ethics in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Miriam Burke

1:55 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Mr. Chair, could we allow the member from the NDP to also return?

Oh, I see he's back.

Mr. Chair, we have been debating this issue for quite some time now, and I really want to find a way to move forward and resolve this.

I just scribbled down a possible solution. I don't have it in both languages, but, if I may, I will draft it in our two languages. I would just like to outline the gist of it for you.

I would like to hear what all my colleagues from the other parties think of it. If we had consent here, Mrs. Shanahan could withdraw her amendment. We would then get back to Mr. Barrett's motion, to which we would propose amendments.

I would suggest removing from Mr. Barrett's motion all the words after “media reports” up to—

1:55 p.m.

Conservative

The Chair Conservative Chris Warkentin

Okay. I apologize for interrupting, but we are dealing with the amendment currently. Before we can move another amendment, we have to dispose of the amendment.

There's been a suggestion, I think, to have unanimous consent to withdraw it, if Mrs. Shanahan desires to withdraw it.

Mr. Fergus.

1:55 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Mr. Chair, I would just like to clarify the reason why we want to withdraw the amendment, to make sure everyone is clear on that.

We want to withdraw the amendment so we can then amend Mr. Barrett's motion. Right now the motion requires that “the committee undertake a study on conflicts of interest relating to taxpayer-funded contracts with Data Sciences Inc; and that the committee do invite Mr. Tom Pitfield to appear”. We want to replace all this wording with other wording that would require the committee to examine how each of the recognized political parties in the House of Commons uses databases in its MP's offices on Parliament Hill and in their ridings, as well as within the party itself. The new wording would also require that the committee invite representatives of each party's research offices to “appear and testify before the committee”. We would keep all the rest of the wording in Mr. Barrett's motion but add that this study would be limited to one committee meeting.

That is then the overall idea. I know that all my colleagues from other parties are consulting or have already consulted their colleagues to see whether they will be supporting this proposal.

Mr. Chair, I think that we have a great opportunity here, if we can reach consensus. We could move on to this proposal right away and, as my colleague, Ms. Gaudreau, said, we could be done by 3 p.m.

2 p.m.

Conservative

The Chair Conservative Chris Warkentin

Okay. Again, I need unanimous consent from all members for Mrs. Shanahan to withdraw her amendment.

Is there unanimous consent for Mrs. Shanahan to withdraw her amendment?

2 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

I have a point of order, Mr. Chair. Could we poll the members in the room to find out whether there is unanimous consent to go along with my proposal? After that we could proceed.

If we address this piecemeal, without agreeing on the whole thing, I would not feel too reassured.

2 p.m.

Conservative

The Chair Conservative Chris Warkentin

Okay. The challenge is that I can allow for debate only on what is before the committee. Now, if committee members want to get assurances from their colleagues, that's fine to do privately.

In terms of the process now, in order for there to be an amendment debated here at the committee, and to have a vote on that, we would require that this amendment be disposed of first, either by a vote or by its being withdrawn.

We could proceed on this in two different ways. We could either move to a vote on Ms. Shanahan's motion, and if it was defeated—or passed, for that matter—then an additional amendment or a subamendment could be brought forward.

Mr. Fergus.

2 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Mr. Chair, just to continue along that point—and please forgive me for engaging in a debate with you, which is really not my intent—on at least two occasions at this committee we have conducted a sort of straw poll so that everybody knew what we were getting into. Then, in good faith, we went forward on it. That's all I'm seeking, a straw poll, if you would allow it, Mr. Chair, before we move on to the formal approach, which you are quite correct in requiring from the rest of us.

2 p.m.

Conservative

The Chair Conservative Chris Warkentin

That is specifically why I gave an additional three minutes, so that we could suspend and members could—

2 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

I agree. I know that people heard it, but they didn't have a chance to report back as to whether or not they could proceed.

2 p.m.

Conservative

The Chair Conservative Chris Warkentin

I'm hearing that there are members who still want to speak. I am limited by what I've stipulated. I can allow for a vote if there are no additional speakers on Ms. Shanahan's amendment. We can move to a vote and determine the outcome from that, or Ms. Shanahan can withdraw her motion and there can be unanimous consent to do that. I can seek that.

I can proceed in two different ways. We can move to a vote. I think there's a desire to get an indication one way or another, so we'll move to a vote if there's an appetite to do that. I'm getting signals that members would like to find a way forward. The vote is probably the best way to do that so that determinations can then be made on how to proceed.

Mr. Fergus.

2 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

While you were talking, I was able to do just a quick little head-nod poll. There doesn't seem to be consent from my colleagues on that. That straw proposal—my effort to bring this to a close—I'm afraid, seems to have failed. I would withdraw even that proposal to try to come to a consensus.

2 p.m.

Conservative

The Chair Conservative Chris Warkentin

Thank you, Mr. Fergus. We do still have some speakers on the list. We have Monsieur Gourde, followed by Ms. Lattanzio.

Monsieur Gourde.

2:05 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Thank you, Mr. Chair.

I've been listening to everyone for about three hours. We are dealing with an issue that is worth taking the time to discuss, since it has existed for years. It is a fundamental problem.

I will wait until I know my colleagues are listening, because it's for them that I'm speaking right now. I would like us to be able to have a discussion, because hopefully that might lead to a solution.

When I was first elected in 2006, the Board of Internal Economy and House of Commons services did not provide software to help us manage our constituents' case files in our riding offices. This is a fundamental problem. We still don't have those services today, 15 years later, and that's probably at the root of the problem we're facing now. Firms have designed software at the request of MPs from all parties. Keeping a living register is a real problem when we work with 90,000 citizens in our riding. At first, for a few years, we can keep paper records, but doing research becomes a very tedious job. People often come back to see us, and it is easier to provide adequate services to our constituents when we have software designed for this kind of case management.

It is still difficult to unravel all of this and understand how the same firm can provide a political party with both non-partisan software, as Mrs. Shanahan told us, and software used for partisan purposes. There was much emphasis on the fact that there were firewalls to keep the two databases completely separate. Frankly, I hope so, because we really do owe it to ourselves to keep a wall around the information we collect from our constituents for the purpose of providing them services. Virtually all of that data is useless for a party's partisan activities. Essentially, the information that parties want for their partisan activities are phone numbers they can't find on Canada 411 and email addresses. As for the addresses, Elections Canada gives them to us. The parties are always hunting for email addresses and cellphone numbers. It's a race to see who can get more of them. There's no hiding it here. The key to getting in touch with our constituents is to visit them or call them. The problem is that fewer and fewer Canadians have land lines. Therefore, we all have the same problem. We all want to have their cellphone numbers to get in touch with them. There's nothing secret about this.

However, there is an American company in the picture. Why? There may be an underlying reason no one knows about. I will give you a clue: In Canada there is no phone book listing cellphone numbers, but there is one in the United States that covers all of North America. I'm not sure whether you can connect the dots. It is illegal to have Canadians' cellphone numbers, but the Americans can access the cellphone numbers of all Canadians. That's very odd.

Perhaps someday we can try to find out why we are entitled to have residential phone numbers, but not cellphone numbers. Only 20% of Canadians have solely a land line. Everyone is giving up their land lines for cellphones. One day we won't even be able to do our job as politicians during an election campaign.

We have to stop burying our heads in the sand like ostriches. Right now, in Canada, we have a problem with cellphones. We are trying to find a solution by all legal means possible. There is actually a legal way: If the person wants to provide their cellphone number, we will take it. If there is consent, it's legal. However, 90% of Canadians do not want to give their cellphone number to a political party, so we're not going to get those numbers, unless we engage in barely legal schemes that are costly for the parties.

It is currently illegal for a political party to have a database listing the cellphone numbers of all Canadians, regardless of which party we're talking about.

There is a witch hunt going on and everyone is jumping in on it, when we all have the same problem: We are no longer able to contact our constituents. It's all well and good to go door to door, but if people don't open their doors or don't want to give us their cellphone numbers, we will not be able to call them, since they no longer have residential phone lines.

This is a bit less of a problem in rural areas. In cities, however, the situation is worse. There is a huge number of people who no longer have residential phone lines. You all have cities in your ridings. Do you know how many of your constituents have cellphones? Between 90% and 95% of citizens have cellphones, while 20% have a residential phone line.

Numbers for residential land lines are available on Canada 411, as are Canadians' names and addresses, so we can obtain them legally.

That brings us back to the idea of software that can be used for partisan purposes. This software should be provided by the Board of Internal Economy as part of the services offered to members of Parliament, and it should be the same for all MPs, regardless of party. That would be the only way we could guarantee independence between a party and its MPs. If members had software provided by the House to manage their constituents' case files, there would certainly be a firewall effective enough to protect the data in the software. If a party asked a company to design a software package to help its MPs manage their constituents' case files, it would surely be tempted to collect, at the same time, the cellphone numbers and email addresses of those people. As for the rest of the information, the parties don't need it or want it. Those are the facts.

We can throw mud at each other all we want. I have grandchildren, and if I help them put on their boots and there is a puddle, they will go play in the water and end up getting all dirty. We are doing exactly what children do when they play in a mud puddle. We will all play in the same puddle and end up getting soiled up to our necks. In the end, we will not be any further ahead or better able to do our jobs. We won't look all that smart to Canadians.

I have some doubts about your proposal to take this directly to the Board of Internal Economy, simply because it will die there. We are not going to fix the problem, we will only delay fixing it, should there be an election. One way or another, there will be an election in two years, let's face it. However, the problem still won't be resolved in two years or in the following four years.

Let's then take the time to talk about it at today's committee meeting. Several members have said that if we want to have software, we need firewalls. I agree with that. From an ethical standpoint, if we want to protect members of Parliament, we need firewalls. However, no software is going to be airtight if it's run by one party, no matter which party. If the five parties have five different software packages, we will be no further ahead.

In my view, if we were to make a recommendation, it would be to conduct a study on this kind of software package and ask that the House provide one to members of Parliament so they could manage their constituents' case records. As for partisan activities, the parties will take care of that themselves. The parties' partisan activities affect us to some extent, but they are not necessarily our responsibility as members of Parliament.

However, the confidentiality of the information contained in the software to manage constituents' cases is certainly our responsibility. We are acting on their behalf. Every time a citizen allows an MP to work on their case and do research on their behalf, regardless of the department involved, they are giving their consent, their proxy, to the member of Parliament, not the party.

This is why it is often said that, when an MP loses an election, the constituents' case files are all cleared. That's because the proxy was not given to the new MP, after the election. It was given to the sitting MP. The proxy is in the sitting member's name, and because of this, they can be sued at any time. If a constituent is not happy with something that happened and there is a leak of information, that is the MP's responsibility.

That's why each and everyone of us here should be careful. We have duties towards our constituents. We have duties and responsibilities under the law.

We therefore won't find a solution by passing the buck, as we are doing now.

Unfortunately, in 15 years, perhaps the House has not provided us with all the tools we need. That said, much progress has been made on the IT front. In 2006, everything was done on paper. We were just starting to use more IT tools. Now, the House provides us with a lot of IT services, but we never had a software package for managing our constituents' case files. It is hard for the House to create one. It's really complicated. It is easy enough for the House to do administrative management, because that's what they do, but managing constituents' case files is a different story. These systems are developed in MPs' offices. Some members have been lucky enough to work with the same staffers for 10 or 15 years, so they are aware of all the cases and all the situations that may arise.

I'll give you some examples. Simply removing the names of people who have died from the constituent list is quite a task. There are ways to do it faster now, but I used to have a staffer who worked 12 hours a week just to do that. We then found a way to do it in 15 minutes, thanks to computers. Managing the Christmas card program used to take two months in 2006, whereas today we can do it in about two hours.

Good software programs exist today to do this kind of work. The tools have improved over time. The House of Commons is not the one who designed these software programs. It was independent firms at the request of some MPs who wanted to save their employees time. When someone spends two months of their time at work on Christmas cards and figuring out who to send them to, it is hard on morale. Sometimes people will choose to leave their job the next year rather than having to do all that work again. There is no denying that it is not an interesting task.

To manage our employees in the long term, we need to give them tools to make their work enjoyable. It is our responsibility if we want to keep good employees for a long time. When we have good employees, we can provide better services to our constituents. If a member has high employee turnover at their office and changes employees every year, then they need to keep starting over. I am thinking about training staff. It takes one to two years to properly train a person who will be dedicated to their work, who will be familiar with all the programs and who will be aware of situations. The work gets done much more quickly when the person is familiar with the tasks they need to do and they can then better help people. An employee can resolve up to 90% of cases in one day when they are not too complicated. More complicated cases take more time. It gets easier with experience.

To keep good employees, we need to give them tools. In that regard, we can all work together to find solutions or we can be partisan and play political games to see who can undermine each other the most until the next election. Essentially, I am an MP to help the people in my riding. To help them and give them good service, I need to provide my employees with tools, tools of our own. I am happy to tell you about them, but at a certain point it comes down to experience.

The important issue here is maintaining corporate memory—

2:15 p.m.

Conservative

The Chair Conservative Chris Warkentin

Monsieur Gourde, in terms of the debate, we are on the amendment. I know that you have ventured out a fair bit, but I want to bring you back to the amendment. We have other members on the speakers list as well.

2:15 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

That is why I am asking Mrs. Shanahan to agree to withdraw her amendment so that we can expand on that idea a little more.

If we hand this issue over to the Board of Internal Economy and do like we are doing today, nobody here will be any further ahead. The media will be reporting that things are not going well. In my opinion that is false partisanship, and I find that really sad.

There is a problem. Either we close our eyes and continue to play political games or we do a little digging to figure out what is acceptable and what is not when it comes to partisan activities. If we find things that are unacceptable, let's submit them to the House of Commons and have the House provide us with the tools we need.

Why did you have to pay $30,000 for a software program? If every member paid $30,000 for that software, it would cost approximately $3 million or $4 million and we cannot even benefit from it. Can we benefit from your software? I do not know. Maybe it is better than the systems we have.

We should not have to design these systems ourselves. However, we are being forced to do so because no one wanted to design that kind of software for MPs. No one had the guts to do so. Perhaps we will be told that no one asked for it either.

There is an ethical side to this issue because we really need to determine the tools that will be used for partisan purposes, for which the parties are responsible, and the tools that will make it possible to protect the confidentiality of data, for which MPs are responsible. These are issues that fall under our committee's purview. We are talking about the confidentiality of personal information in these software programs. We are the ones signing off on the procurement. It is our responsibility. It is your responsibility. It is the responsibility of the 338 MPs. We need to resolve this problem.

I don't know whether Mrs. Shanahan wants to withdraw her amendment.

2:15 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

That is why we have the Board of Internal Economy to consider these issues.

2:15 p.m.

Conservative

The Chair Conservative Chris Warkentin

I hate to interrupt the conversation that's happening here, but we have one additional member on the speakers list before we go to a vote.

Madame Lattanzio.

2:15 p.m.

Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Thank you, Mr. Chair.

I found Mr. Gourde's speech very interesting.

I wish you had spoken earlier because you clearly explained that this problem that we are discussing today, if there is one, does not seem to be coming from just one party.

All my colleague's amendment is asking is to bring in an entity that will help us to see whether there is a problem not only with regard to the facts presented in your colleague's request but also with regard to the system your party uses. When I say you, I am not talking about you personally. I am talking about CIMS.

The amendment is twofold. First, it asks that the issue be referred to the Board of Internal Economy, which has the mandate necessary to conduct such a study. Second, the amendment asks that we put our cards on the table by allowing other systems to be examined too.

If you are looking for a solution, this one is fair, equitable and transparent.

2:20 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Why not examine the issue here? Do you think it wouldn't be fair, equitable and transparent?

2:20 p.m.

Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

We need to look at the wording of the mandate of the Standing Committee on Access to Information, Privacy and Ethics. I quoted it earlier, but I would like to read the standing order that talks about the committee's mandate and powers again. I want to take the time to read it for my colleague. The last time I read it in response to my colleague, Mr. Barrett.

Here is what Standing Order 108(3)(h)(vii) says:

(vii) the proposing, promoting, monitoring and assessing of initiatives which relate to access to information and privacy across all sectors of Canadian society and to ethical standards relating to public office holders;

You can therefore see what we are talking about, Mr. Gourde.

2:20 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

As I told you, it falls within our mandate. According to what the standing order says, this falls under our mandate.

2:20 p.m.

Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Your colleague is asking that Mr. Pitfield appear before the committee, but he is not a public office holder. That is what we are trying to tell you very clearly.

2:20 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Yes, but he is a service provider.

2:20 p.m.

Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

I will continue my speech, if I may, Mr. Gourde.

I heard other people say that one meeting would be enough to resolve everything. That seems to be the sticking point. People think that we will be able to ask the witness questions, study the issue and clear everything up in just one meeting.

Members of this committee are experienced. We know full well that this will take more than one meeting. The request does not even ask us to report our findings to the House of Commons, since it is not sitting.

I am therefore having a really hard time understanding my colleagues at the table who are asking the committee to bring in a single witness in order to get answers. They are saying that, if that person has nothing to hide, then we will be able to quickly deal with the issue. If the other parties have nothing to hide either, then why do they not want us to assess the software programs they are using? Why will they not agree to expand the scope of this study so that everyone is transparent? That is what my colleague's amendment is trying to do, to expand the scope of this study.

Some committee members are telling us that they do not agree with the amendment and that they want to stick with the original motion. For what it is worth, the motion talks about a study that seems very broad at first glance. It does not indicate that the study will be limited to a single meeting where we hear from the witness in question. What is more, the motion seems to allege that there is already a conflict of interest when that is not what we have before us. Some members want to bring in the witness so that they can go on a fishing expedition, as my colleague, Mr. Sorbara so clearly pointed out. They are at it again. It is like a second version of the WE Charity investigation.

All my colleagues are saying that they want to focus on the work they need to do for their constituents and on issues affecting Canadians. Unfortunately, we were summoned, almost urgently, to a meeting in the middle of July about something that has no basis. Obviously, some members want to investigate to see whether there is something to find. What is more, they want to limit the debate. That goes against the principle of transparency that Mr. Carrie was talking about this morning. These members do not want us to look into and study the other software programs. They want to limit the study to this particular software.

You are going to tell me that there is no political motivation behind this and that this is not a witch hunt. I am—

2:20 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

You did not understand what I said.