The Liberals seem to have forgotten that I resigned from government in May 1990. I am a free man. I am very happy to be that and have been very proud of it for the last three years.
There was pressure of two kinds. First, there was the lure of gain for a friendly regime. Second, there was the desire on the part of the government to please those friends. That explains the unseemly rush during the last days of the Conservative regime to conclude a deal where everyone stood to gain except the public at large. The privatization was suddenly not motivated by any need on the part of the federal government of the day to get rid of burdensome installations since according to the airport financial statements transmitted to Mr. Robert Nixon, the Prime Minister's special investigator, the airport would have made profits in the region of $23 million in 1993 and that is without taking into consideration rental revenues from terminal 3.
Let us not forget that Pearson International Airport is the most important airport in Canada. It employs 15,000 people. According to a Transport Canada study dating from 1987 it has direct economic side effects for the Ontario economy amounting to $4 billion. Approximately 57,000 passengers pass through the airport every day, that is to say 20 million passengers each year. About 800 aircraft land and take off daily for 300 destinations in 60 countries.
It is in fact the only Canadian airport which could be termed a hub for air traffic in Canada, a status that Vancouver is about to
attain and that Montreal could reach if only the government would give it the necessary boost.
Yet it is the lure of profit that is the primary source of all the political and media tumult now obliging the Canadian House of Commons to come to a decision on the bill. If the Parliament of Canada has to be called in, the backroom ministerial manoeuvrings have to be particularly scandalous.
The intrigues surrounding this case since the beginning started as soon as the government announced its Canadian airport management policy. As I said earlier, this policy was made public in April 1987, and the following June, the government asked the Airport Development Corporation to build and operate Terminal 3 at Pearson Airport.
In September 1989, Paxport Inc. submitted to the government a proposal to privatize Terminals 1 and 2. This proposal was rejected because the government policy was not to privatize. I was then a member of the government.
One year later-I had since resigned-the federal government took the lead in inviting, without further explanations, the private sector to participate in the upgrading of Terminals 1 and 2.
In March 1992, the government officially requested proposals to privatize Terminals 1 and 2. But unlike what was done in awarding the contract to build and operate Terminal 3-a two-phase process consisting of the request for proposals and the selection of candidates-, the bids to privatize Terminals 1 and 2 were only subject to one 90-day selection phase.
Why the rush? Did the upcoming election spur them into action? In early June of the same year, perhaps because of the extremely tight deadlines set by the government, only two proposals were received, one from Paxport Inc. and the other from Claridge, already at work on Terminal 3.
On December 7, 1992, the government approved the bid submitted by Paxport, which had until February 15 to demonstrate the financial viability of its proposal. But that was not to be since, less than two months later, a financially-troubled Paxport had to merge with its only competitor, Claridge Properties, to create the T1 T2 Limited Partnership consortium.
Is it not rather surprising that the government awarded a 57-year contract worth millions of dollars to a financially-troubled management company that was also close to the political party in office?
We know that one of the arguments put forward by the government to justify its decision to award the contract to Paxport had to do with encouraging healthy competition between the manager of Terminals 1 and 2, Paxport, and the manager of Terminal 3, Claridge. How virtuous can you get?
Here is a government which, although it wants to privatize, wants to do it according to the rules of the private sector, by encouraging competition. How can we explain this about-face by the government which accepts without objecting the merging of the two competitors? Under this submission, those two competitors who were adversaries one day became united friends the next. The government could have rejected that submission, but it did not even bat an eyelash, thereby accepting to deal with only one entity, after having sung the praises of competition and insisted on its necessity.
Is it not strange that when the only two bidders for such an important contract form a monopoly, the government accepts that? Is it not strange that the period for making submissions was only 90 days, as in the case for an ordinary call for tenders, while the duration and the complexity of the contract are way out of the ordinary? Why limit that period? Is it to allow interested parties already familiar with the issue to review their submission? After all, Paxport had already submitted a privatization plan in 1989, while Claridge was already managing terminal 3 at Pearson Airport.
Obviously somebody somewhere deemed appropriate to bypass the bureaucratic system and infiltrate the government political machine to gain some privileges, this in contempt of the official principles of equity. Is this not a clear and particularly cynical example of private interests being more concerned about their revenue than the common good? And what about the elected officials who caved in to them?
The Nixon report judges them severely: "It is clear that the lobbyists played a prominent part in attempting to affect the decisions that were reached, going far beyond the acceptable concept of "consulting". When senior bureaucrats involved in the negociations for the Government of Canada feel that their actions and decisions are being heavily affected by lobbyists as occurred here, the role of the latter has, in my view, exceeded permissible norms."
This strong statement should have convinced this government to take every measure to find out about the role played by lobbyists in the dealings related to the privatization of Terminals 1 and 2. Instead, the government decides to turn the page, and tries do so in an incredible way, after a five-minute speech by the minister responsible, who is not even here for the debate that follows. The minister is in fact asking the House of Commons to cover his acts. He wants to use a vote in the House to cover acts which should be made public. Instead of trying harder to discover the facts and to look in detail at the actions and motives of those involved, he tries to close the case by tabling a piece of legislation.
Who can doubt that, if it is passed by the House, Bill C-22 will close the book for good on this shocking issue? Lobbyists and others involved in this operation will be able to relax. Some who are not lobbyists but who were bidders might even be compensated by the minister. Madam Speaker, you might wonder to which stakeholders I am referring? The act is silent on this and merely excludes refunding lobbyists fees and anticipated profits. Everything else is at the discretion of the minister and depends on his generosity.
Everyone knows that lobbyists abound on Parliament Hill and are involved in every important issue. I agree that some lobbying is acceptable. In this regard, I support the comments made by the Standing Committee on Consumer and Corporate Affairs and Government Operations which, in its report on lobbies released last year, said that lobbying is a necessary component of a modern decision-making process, and that the right to lobby is a fundamental one in a democracy.
However, the committee also added that, when lobbying takes place without the public's knowledge, there is a greater risk of decisions being made against its interest.
If there is an example in our political history which confirms the validity of the committee's comments, it is the Pearson Airport dealings, which were conducted clandestinely, behind the close doors of ministers offices, with political operators, people who influence governments, political contributors and lobbyists.
If we need an example of the need for public disclosure, which was one of the priorities of the Commons committee on lobbying, we have it right here. And if there is any lesson to be learned from the Pearson airport affair, it is that something must be done to change the rules of the game.
In the case concerning us today it is clear that lobbying played a preponderant role. The final result will cost the taxpayers millions of dollars. That is what I call overstepping the mark and it is why I am inviting the Prime Minister to submit concrete proposals to make that very significant activity as open as possible.
His government could suggest putting more teeth into the act respecting the registration of lobbyists, an act which lacks consistency to say the least.
In its report on lobbying the standing committee draws attention to several flaws and suggests some useful solutions. In particular the committee considers inadequate the requirements regarding the registration of tier II lobbyists, a group which is very poorly defined in the present act and which has only to disclose their names and the names of their employers.
The committee report says: "Such disclosure gives no indication as to the type of questions which could be of interest to the organization", to say nothing of the fact that the actual function of lobbyists could easily be disguised through the use of various legal tactics.
Concerning the matter of the disclosure of the objectives sought by the lobbyists, the requirements of the act are not sufficiently forceful and the provision concerning the registration of lobbying activities is so vague as to be useless.
To close the loopholes in the current legislation on lobbyists, we should at least consider a system of disclosure, under which the public office holder being lobbied would have an obligation to disclose his professional contacts with lobbyists. Transparency would no longer apply only to the wish list of the lobbyists but also to the public office holders being lobbied.
Similarly, the quality of our political and democratic system would be enhanced by imposing a code of ethics on elected representatives and senior officials. We could take our inspiration from the bill now before the U.S. Congress, where they have understood the need to provide a framework of measures designed to preserve the integrity of the political process.
In fact, even the Liberal Party, during its period of abstinence when it was seeking power, had taken a position on this issue, and as far as I know, it still stands. The red book, which is constantly being quoted in this House and which was launched with lot of hoopla during the election campaign, clearly says on page 95, and this is from the Liberals before they came to power, and I quote:
-we will develop a Code of Conduct for public officials to guide cabinet ministers, members of Parliament, senators, political staff and public servants in their dealings with lobbyists.
The red book, still the red book, also promises:
In particular, a Liberal government will appoint an independent ethics counsellor to advise both public officials and lobbyists in the day-to-day application of the Code of Conduct for public officials. The ethics counsellor will be appointed after consultation with the leaders of all parties in the House of Commons and will report directly to Parliament-
Where is this independent ethics counsellor? When does the government intend to consult us? Why has it been dragging its feet for six months? Where is its political will? Where is the transparency? Nowhere, because today, the Liberals form the government and, by the same token, are in no rush to keep their promises.
These are only a few examples, not only of the shortcomings, omissions and vagueness of the Lobbyists Registration Act and the questions it raises, but also of the ways which this transparency can be guaranteed. We must go further and apply the same principles to political party financing. In fact, if the government in its concerns for transparency intends to give all citizens equal access to public decision-makers, why does it refuse to make political party financing more democratic? Good question.
How can the Liberal government expect to make the system more transparent when it too depends on donations from large corporations. For example, in 1992, the last year for which data are available, the six largest Canadian banks-I will not bother to name them since we all know which banks are involved-donated nearly $500,000 to Liberal and Conservative party coffers. These two parties received $244,301.54 and $241,493.92 respectively. Canadian banks have a sense of election parity since the total amounts donated to each party were virtually identical. As we all know, the party in power today could be replaced by another tomorrow, and the banks are big on insurance policies. They like to keep things even, especially when their interests are at stake and especially when it is a matter of influencing government by the decisions they make.
In Quebec, under the guidance of René Lévesque-yes, René Lévesque, a name not spoken in this House-this process was brought out into the open. The act of cleaning up our political standards and practices which ensued today stands as proof of the pride and democratic vitality of Quebecers.