Picking up from my colleague who addressed the access to information issues, I want to stress the importance of making the committee as non-partisan as possible and ensure that it has as much expert assistance as it needs.
Starting with subclause 4(2) of Bill C-22, I think there needs to be attention paid to ensure that there is not government domination of the committee. I think subclause 4(2) is a good start, certainly something that we don't see with other parliamentary committees, but of course as members know, the representation in the Senate now is evolving. I think it would be important to make this as nonpartisan as possible.
That brings us to clause 6, which contemplates that the chair of the committee would effectively be a prime ministerial appointment, as opposed to what you heard about in the last testimony, whereby the U.K. allows the members of their committee to elect their own chair. It is a bit concerning that this provision is there, especially when the Prime Minister also plays such a key role with respect to possible redactions from reports. Those features are an area that perhaps should be looked at, in keeping with trying to make the committee as non-partisan as possible.
I would also add that I agree with Mr. Atkey's suggestion that, rather than have the Prime Minister, you would in an ideal world have a neutral third party make a decision about what can go in and what can go out of a committee's report. Like the Federal Court, that provision can balance the competing interests of national security and transparency. Given that such may not and is not likely to be the case, there is a concern about potential government domination of the committee, which could be one factor leading to increased partisanship.
Second, the committee rightly has a very broad mandate, which relates to activities carried out by all departments involving national security or intelligence. This is the sort of whole-of-government mandate that was given to the Arar, the Iacobucci, and the Air India inquiries. I think it is very appropriate, given that we have an all-of-government approach to security. That said, we should not underestimate the steep learning curve that any person would have in exercising an all-of-government mandate.
In this respect, I think it is positive that the proposed committee, unlike most other parliamentary committees, is going to have a dedicated secretariat. I would urge that the secretariat be composed in such a way that there would be the maximum of flexibility in hiring staff, that the secretariat be able to use independent legal advice, be able to use the cadre of security-cleared special advocates, who could pop in on an as-needed basis. Obviously this committee's mandate will evolve over time. At certain times it will need certain expertise, and at other times it will need other expertise. The secretariat, in my view, should be less based on a permanent civil service model than a hire-as-required model.
Those are two of my thoughts about how to create conditions for success for the committee. In addition to full access to information, I think those are critical criteria for success, but it is also critical that the right people be available to assist the committee, and that the committee be as non-partisan as possible.
Thank you very much.