Evidence of meeting #66 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was commons.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Charles Robert  Clerk of the Senate and Clerk of the Parliaments and Chief Legislative Services Officer

12:40 p.m.

Clerk of the Senate and Clerk of the Parliaments and Chief Legislative Services Officer

Charles Robert

That has become a bit of a problematic issue at the moment.

It depends on the way in which you look at parliamentary privilege.

As I wrote in my article on the evolution of the situation, it must be recognized that there is a much more traditional aspect based on a decision made in 1935. From that perspective, some people really think that parliamentary privilege covers almost anything. It is determined by parliamentarians themselves and by Parliament. Others think that privilege must actually be about the key elements of Parliament’s activities, not other matters. In reality, not all aspects of the House of Commons and the Senate organizations are always parliamentary; they may be about administration, providing food, or office equipment. Are those really matters that should be protected by parliamentary privilege? In my view, the answer is quite clear.

In matters of security, I would say that it is clear and obvious in some respects, but that is not always the case. We can think, for example, about aspects of the work of the employees who provide security. Should those aspects be covered by privilege? I believe, and this opinion is more personal than professional, that the standards established in the Charter must be met. Privilege should be interpreted according to the values and principles in the Charter. In my view, this is very important. I do not actually see it as a kind of restoration of privileges but rather a renewal of privilege.

12:40 p.m.

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Let us take, for example, one of the matters that this committee was charged with, and, I believe, is still charged with: members travelling and then having access to Parliament Hill and the parliamentary precinct. One of the difficulties that has been raised is exactly crossing that line. As I understand it, it is an example where members’ work has been adversely affected.

12:40 p.m.

Clerk of the Senate and Clerk of the Parliaments and Chief Legislative Services Officer

Charles Robert

Yes. However, you have to understand that the concept does not apply in cases where the access problem is caused, say, by a traffic light. If a member could not get onto Parliament Hill because a traffic light was red, I assume that it could not be seen as a matter of privilege.

Moreover, if a system of security has been put in place for parliamentarians and parliamentary staff has been assigned to it, and certain incidents inconvenience parliamentarians, it is certainly unfortunate, but would it really be a matter of privilege? That is quite a complex question that you must answer. There are a number of factors to consider.

My role is more to ask questions than to provide answers.

12:40 p.m.

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Of course.

Thank you.

12:40 p.m.

Liberal

The Chair Liberal Larry Bagnell

Thank you.

Thank you very much for coming.

We have an important report to do. It will be in camera, so I would ask everyone to quickly clear the room. We don't have much time left.

Thank you.

[Proceedings continue in camera]