Government Operations Committee on March 27th, 2007

[The Chair, Liberal, Diane Marleau]

We have quorum, so I'll call the meeting to order.

Welcome to Mr. Peter Harrison, who is now with Indian and Northern Affairs Canada but was executive director of the Public Appointments Commission Secretariat, Privy Council. That's really why you're here.

You know the routine. I'm sure you've been before committees in the past. You have a few minutes to make a presentation and then we will open it up for questions.

Mr. Harrison.

[Dr. Peter Harrison, former Executive Director, Public Appointments Commission Secretariat, Privy Council, As an Individual]

Thank you, Madam Chair and committee members.

Thank you for inviting me to report to your committee on the operations of the Public Appointments Commission Secretariat of which I was the Executive Director and Deputy Head from April 21, 2006, until January 21, 2007.

I'd like to begin my comments by providing committee members with some context.

The Public Appointments Commission Secretariat was creating by order in council on April 21, 2006, and I was appointed by order in council on the same day. Orders in council were also published allowing for the appointment of commissioners. I should add, Madam Chair, which is not in my comments, that in effect, this made the commission secretariat a department within the Prime Minister's portfolio.

At that point in time Bill C-2, the Federal Accountability Act, made reference to the Public Appointments Commission by proposing a change to the Salaries Act. The draft bill was later amended in committee to include the mandate of the Commission.

Pursuant to section 1.1 in clause 227 of the Federal Accountability Act, the functions of the committee are:

(a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions, and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit; (b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;

(c) to develop and establish a code of practice for appointments by the governor in council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public; (d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;

(e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study; (f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; (g) to perform any other function specified by the Governor in Council.

As you can see, Madam Chair, the commission and the secretariat created by order in council, now enshrined in Bill C-2, are mandated to focus on the process related to Governor in Council appointments. I think it's important to underline that neither the commission nor the secretariat have any role to play in the individual appointments themselves. It remains the responsibility of ministers to manage selection processes and to bring forward names for consideration by the Governor in Council.

It is also important to note that the commission's oversight role applies only to the governor-in-council appointments to agencies, boards, commissions and crown corporations. It does not include other GIC appointments such as public servants or deputy ministers, the judiciary or ambassadorial postings.

The secretariat was created to support the commission in meeting its objectives. While the commission itself is in abeyance, the secretariat was asked to continue the staff work necessary to meet these objectives.

I reported regularly to the Clerk of the Privy Council on the secretariat's activities and progress, and on December 8, 2006, I provided a full report to the Treasury Board portfolio advisory committee.

In these reports, I reviewed the broad consultations we undertook with heads of agencies, boards, and crown corporations and their representatives who are responsible for the appointments process; “learnings” we had gleaned from other jurisdictions that have implemented similar reforms to their public appointments process;

early principles to underlie the development of a “code of practice” provided in the bill; and the creation of the secretariat through a Treasury Board submission to access the annual allotment of $1.175 million which had been set aside for the secretariat and commission activities, and relevant staffing activities.

The secretariat was also asked to review the Immigration and Refugee Board selection and appointment process with a view to enhancing its effectiveness, and to begin an analysis of the relationship between the appointment of board members and governance challenges in institutions with a dominant shareholder--in other words, similar to crown corporations.

Madam Chair, it was a privilege for me to have been asked by the governor in council to be involved in the creation of the Public Appointments Commission Secretariat. I was supported by a small and dedicated group of people comprising the deputy executive director, who was at the EX-3 level; a senior officer on loan from Service Canada, who was at the ES-6 level; my assistant who is also the office manager (AS-6); and one clerical support person hired on a casual basis.

Madam Chair, I trust that this provides you with helpful information. I will try to answer any questions you have.

[The Chair, Liberal, Diane Marleau]

Thank you very much, sir.

We will begin with Mr. Garth Turner.

[Garth Turner, Conservative, Halton, ON]

Thank you for your appearance here. We appreciate it.

I have a couple of questions relating to you being here and to your duties. Perhaps you could just brief me on it a little bit.

In April of 2006 you were hired. In January of 2007 you moved on. Correct?

Why such a short tenure?

[Dr. Peter Harrison]

I was asked by the Clerk of the Privy Council--and I agreed--to take on new duties.

[Garth Turner, Conservative, Halton, ON]

Do you know why? Was there an explanation given to you at the time?

[Dr. Peter Harrison]

The explanation was that there was a significant amount of work to be done in the places where I am.

I should explain that I have two hats, two positions, at the present point in time--one as senior associate deputy minister at the Department of Indian Affairs, and the other as effectively deputy head of Indian Residential Schools Resolution Canada. As you may know, residential schools resolution has moved into a very significant period following agreement by the courts.

I have to assume that I was asked to do that because it was felt that my competencies would apply in those situations.

[Garth Turner, Conservative, Halton, ON]

All right, but you left the position vacant. Your previous position was left vacant, correct?

[Dr. Peter Harrison]

I understand that it was left vacant after I left, that's correct.

[Garth Turner, Conservative, Halton, ON]

In the wake of you moving on, what's left there? What's left of the secretariat?

[Dr. Peter Harrison]

One individual, who will be moving to another position as of the first of next week.

[Garth Turner, Conservative, Halton, ON]

So one person is working there.

[Dr. Peter Harrison]

That's correct.

[Garth Turner, Conservative, Halton, ON]

Is there a budget?

[Dr. Peter Harrison]

The budget is still there. As I mentioned in my comments, this was approved by the Treasury Board and went through the supplementary estimates process.

[Garth Turner, Conservative, Halton, ON]

So the budget is what, about $1 million?

[Dr. Peter Harrison]

Yes, $1.175 million.

[Garth Turner, Conservative, Halton, ON]

And it's still sitting there? It hasn't been spent? Or has it been spent, and if so, how much? Do we know that?

[Dr. Peter Harrison]

Yes, I can provide you information on that.

Madam Chair, I should point out that I am no longer in this position. I've had to rely on the goodwill of a number of people in providing the information I have. I requested the Privy Council Office, which was the support mechanism for the secretariat, to provide expenditures as of March 26. This includes expenditures while I was in the position and any that may have occurred afterwards.

The total amount, as of March 26, in such things as salary, transport, communications, professional services, rentals, and so on, was $546,922.74. That, Madam Chair, is the information that was provided to me.

[Garth Turner, Conservative, Halton, ON]

All right. So the secretariat spent $547,000 in that period of time. What did it do for $547,000?

I mean, we had this abortive situation with Mr. Gwyn Morgan. I guess everything ground to a halt after that. Is that correct?

[Dr. Peter Harrison]

Madam Chair, following the event to which the honourable member refers, I was asked to continue to work, from a bureaucratic point of view, to do the things necessary that would support an eventual commission. The things we did, I laid out in a report to the Treasury Board advisory committee.

Perhaps I can take several minutes to review that, because I think it's--

[Garth Turner, Conservative, Halton, ON]

No, don't, please, because my time is limited. Could you table that, though, please?

Is that possible, Madam Chair?

[Dr. Peter Harrison]

I only have it in English today, but I will make sure, Madam Chair, that I can provide it in both languages.

[Garth Turner, Conservative, Halton, ON]

Okay. Can you just give us the highlights here? That $547,000 included some travel. I guess you went to Britain?

[Dr. Peter Harrison]

That's correct.