Evidence of meeting #43 for Procedure and House Affairs in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was report.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Karen Shepherd  Commissioner of Lobbying, Office of the Commissioner of Lobbying
Bruce Bergen  Senior Counsel, Office of the Commissioner of Lobbying
Audrey O'Brien  Clerk of the House of Commons, House of Commons
Louis Bard  Chief Information Officer, House of Commons

11:45 a.m.

NDP

Thomas Mulcair NDP Outremont, QC

On these exemplary practices, I have two questions.

Have you set them down in writing?

11:45 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Karen Shepherd

You want to know whether I have communicated them to a party in the past? No.

11:45 a.m.

NDP

Thomas Mulcair NDP Outremont, QC

Have you ever set them down in writing?

11:45 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Karen Shepherd

No, not yet. I had misunderstood the question.

11:45 a.m.

NDP

Thomas Mulcair NDP Outremont, QC

Would you be so kind as to do so for this committee? You explained, in relation to meetings, what you consider to be exemplary practices. I would very much appreciate it if you would tell us what you consider to be exemplary practices for elected representatives. In the case at hand, we would not have to refer to our own notes about your last presentation and the one today. It might be very useful in the work we have to do on this committee. We are having to judge a fact situation, quite simply. It would help us a lot in this context.

11:45 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Karen Shepherd

Right. I can do that.

11:45 a.m.

NDP

Thomas Mulcair NDP Outremont, QC

Thank you very much for your help, Madam Commissioner.

Mr. Bergen?

11:45 a.m.

Senior Counsel, Office of the Commissioner of Lobbying

Bruce Bergen

I just want to mention that it may take the form of an opinion of the Commissioner.

11:45 a.m.

NDP

Thomas Mulcair NDP Outremont, QC

I will let you decide the procedural questions. For our part, we are interested in knowing how to apply what you consider to be exemplary practices in a fact situation. It is a fact situation that we are dealing with. There was an unlawful communication. We want to know whether reasonable precautions were taken when Mr. Ullyatt was hired and trained.

The precedents I alluded to are on all fours with what this committee has to do. You could help us formulate the recommendations we will eventually make. There are two kinds of recommendations: a preventive recommendation, which relates to the future, but also a recommendation that would help to assess this fact situation that we have before us.

Thank you, Mr. Chair.

11:45 a.m.

Conservative

The Chair Conservative Joe Preston

Thank you very much.

We'll do just a very quick short round. We have a little bit of time and we're still waiting on the Clerk and Monsieur Bard.

Mr. Andrews, it's good to have you here today.

11:45 a.m.

Liberal

Scott Andrews Liberal Avalon, NL

Thank you. It's a pleasure to be here.

11:45 a.m.

Conservative

The Chair Conservative Joe Preston

Three minutes, I think, will work.

11:45 a.m.

Liberal

Scott Andrews Liberal Avalon, NL

I have a couple of quick questions.

We heard testimony that a Conservative Party supporter, Mr. Tim Egan of the Canadian Gas Association, colluded with Mr. Ullyatt to provide member of Parliament Kelly Block with a softball question to Mr. Egan during the finance committee's pre-budget consultations.

Ms. Shepherd, do you consider such actions as these actions ethical?

11:45 a.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Relevance, Mr. Chair...?

11:45 a.m.

Liberal

Scott Andrews Liberal Avalon, NL

It's a matter of lobbyist interaction between—

11:45 a.m.

Conservative

The Chair Conservative Joe Preston

Let's see how the answer goes.

11:45 a.m.

Conservative

Terence Young Conservative Oakville, ON

On a point of order, Mr. Chair, think that's unfair to ask, because it's beyond the scope--

11:45 a.m.

Conservative

The Chair Conservative Joe Preston

That's exactly where I was heading with it, but Ms. Shepherd's been doing a great job of doing the deflecting today on what--

11:45 a.m.

Voices

Oh, oh!

11:45 a.m.

Conservative

The Chair Conservative Joe Preston

So far be it from the Chair to practice his own skill at it when the witness is doing so well at it.

If you can go around the edge of that one, give it a shot.

11:45 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Karen Shepherd

I'm not sure, to be honest, how to go around the edge of that one.

11:50 a.m.

Conservative

The Chair Conservative Joe Preston

There you go.

Mr. Andrews, try the next one.

11:50 a.m.

Liberal

Scott Andrews Liberal Avalon, NL

Well, let me try something a little different.

If a lobbyist had prior knowledge that a privileged document was going to be sent to him and was encouraging that behaviour, would that be considered ethical?

11:50 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Karen Shepherd

Again, Mr. Chair, this goes back.... As I've said, I'm looking at the matter and I need to determine what actually happened. This is one of the reasons why I said I'm not prejudging myself or the administrative review that my staff is currently doing.

11:50 a.m.

Liberal

Scott Andrews Liberal Avalon, NL

It's a hypothetical.