Mr. Speaker, the rules governing the conduct of members of Parliament are as outdated as they are widespread.
The Parliament of Canada Act, the conflict of interest code, Beauchesne's, the standing orders and House procedures all contain guidelines for the appropriate conduct of MPs. For years governments have talked about consolidating all these different rules into one code of conduct while at the same time bringing them up to speed with the realities of governing in the nineties, realities that could not have been imagined at the time when these rules were written.
Since 1973 consecutive governments have championed the issue of a code of conduct, yet not one significant piece of legislation has ever been passed. From Trudeau to Mulroney task forces were set up, special committees were struck, and reports and bills were written, all in the name of establishing ethics guidelines for MPs.
While in opposition members of the Liberal government were highly critical of the Tories for their legislative inaction. The following question by the Liberal whip in 1993 is clearly a case in point:
Mr. Speaker, my question is for the Deputy Prime Minister and it concerns the government's so-called commitment to ethics in government. In February 1988 the Tory government introduced a conflict of interest bill and has allowed it to die twice on the Order Paper. Given that nearly five years has past since then, is the government, in its dying days in office, ready to commit itself again to conflict of interest legislation?
The Liberal whip was criticizing the Mulroney government for its failure to pass legislation regarding its 1985 throne speech promise to create a parliamentary ethics package.
Today, 10 years after this Mulroney promise, members of the House are again addressing the issue of parliamentary ethics, this time in the name of a Liberal motion; not a bill, not a discussion paper, not a white paper, but a motion that calls on members of the House of Commons to appoint a special joint committee of the Senate and the House to study and develop a code of conduct for politicians. The committee composed of seven members of the Senate and fourteen members of the House of Commons will travel across Canada and once again hear how the government should hold its representatives accountable.
The 22-year history of the development of ethics guidelines for members of Parliament is as long as it is uneventful. In 1973 the President of the Treasury Board, Allan MacEachen, a Liberal, tabled a green paper entitled "Members of Parliament and Conflict of Interest". Among the issues addressed in the 69-page report were problems associated with conflicts of interest, corrupt practices and government contracts. Potential solutions and sanctions for these problems were also proposed. The document was studied in the committee of the House of Commons as well as in a Senate committee but was never debated in the House.
In 1978 legislation relating to the green paper, Bill C-6, was tabled but was left to die on the Order Paper. Five years later, in 1983, Prime Minister Trudeau set up a task force to study conflicts of interest for MPs as well as public sector ethics. A comprehensive report was produced but like so many reports commissioned by the House nothing became of it.
In 1987 the Ontario Supreme Court found that former cabinet minister Sinclair Stevens had breached the Canadian conflict of interest rules on 14 different occasions prior to his resignation in 1986. As a direct result the Mulroney government introduced conflict of interest Bill C-46 for MPs, which unfortunately once again died on the Order Paper at the end of the parliamentary session. A similar conflict of interest Bill C-112 was introduced in the next session. It too died on the Order Paper. Again the Tories introduced legislation, this time Bill C-43 which was along the same lines as its predecessor. It too died on the Order Paper.
The pattern which has developed is incredible. A code of conduct is studied, legislation is drafted, introduced in the House, and after months of sitting idle it is finally dropped. Study, introduce, drop; study, introduce, drop.
None of the bills was ever really debated. They went from first reading to the Order Paper and that was it. It was as though the Tories kept the bills around to point at in case one of their MPs got caught with their hands in the public cookie jar.
As a result of their failed attempts, and I use the word attempts loosely, the Mulroney government created a special
joint committee of the House of Commons and the Senate to study the issue of conflict of interest. Does it sound familiar? It should. That is exactly what the Liberal government now wants to do.
A lengthy study of ethical issues confronting politicians was conducted by the committee. Witnesses were heard, testimony was given, and a 60-page report was submitted to the House and Senate. The report made 14 principal recommendations for a code of conduct and among them listed compliance obligations for politicians, post employment restrictions, criteria for negotiating government contracts, the need to create an independent jurisconsult or ethics counsellor, disclosure obligations for politicians, conduct for inquiries and possible sanctions, and Criminal Code provisions in relation to bribery, influence peddling and breach of trust.
These are just some of the 60 pages of recommendations made by the special joint committee to Mulroney's government in 1992. At the time the Liberal whip was a member of the committee. His official title was government operations critic but in commenting on the special joint committee report he wrote:
The challenge for Canadian legislators-is to ensure that such reports as this are not allowed merely to gather dust on a bookshelf.
Needless to say, like all previous ethics initiatives and despite what the Liberal whip said the report gathered more than just dust as it was completely buried. At the time the Liberal whip was obviously frustrated by that fact and on February 17, 1993 he moved a lengthy supply day motion which read:
That this House condemns the government for its continued failure to establish and to adhere to a clear and high standard of public sector ethics, for its incessant inability to function within the framework of existing legislation, guidelines and standards, and for its reluctance to bring forward strict new codes and legislation with regard to conflicts and other public ethic matters.
That motion applies today to the government.
Mr. Speaker, you have sat in the chair and you have heard our questions over the last month or two. The government was self-righteous when it was on this side of the House. Now look at what is happening. Look at the Minister for Canadian Heritage: dollars for contracts dinner and personal intervention on radio licence renewal. Look at the minister of public works and the highway 104 diversion of funds. Look at the Minister of National Revenue in cahoots with the Minister of Justice who helped fire a law firm with years of drug prosecution experience in favour of an inexperienced firm that contributed heavily to his campaign. Those matters are all well documented and were brought out during the last three weeks in question period.
What about the ethics counsellor, the Maytag repairman? He reports directly to the Prime Minister rather than to Parliament as promised in the red book.
If a code of conduct said that you make an election promise in writing, signed by everybody and everybody campaigns to get here to do that, what would happen if they broke their promises? I just wonder how they would handle that in this joint committee. This ethics counsellor is never asked to look into anything, from the Perez affair to the Liberal family compact.
The appearance of conflict of interest is overwhelming, and there are definitely sufficient grounds for actions on what I have pointed out. If the Liberals do not apply the rules that we have now, then why in heaven's name create more rules under the guise of a special joint committee? They will not follow them anyway. It is a sham on the Canadian public.
In his usual verbosity, the Liberal whip criticized the Mulroney government for its failure to establish an ethics code during its mandate. During debate he chastised members of the government because "six years of waiting for conflict of interest rules is long enough, and that shows a complete lack of interest in the ethics on the part of the Tory government". He has been in the government now for two years and we do not even have anything on the floor except a motion to form a joint committee once again, doing the same old thing as the previous governments.
On that day, the Liberals did more than just criticize the government. They offered some ideas and solutions that they felt could be implemented right away. This government, when it was in opposition, had some good ideas, some concrete suggestions. One of these ideas was the establishment of non-partisan nomination and confirmation procedures for order in council appointments such as the officers of the House, deputy ministers, heads of crown corporations, citizenship court judges. Have they done this? No.
A second idea was the establishment of a central registry of awarded government contracts under which the details of any government contract awarded should be open to public scrutiny. Have they done this? No.
A third idea was the elimination of registration fees for tier one and tier two lobbyists and that they should be required to disclose in a public register major expenses and fees with description of the lobbying activity and most importantly what political body they are lobbying for. Have they done this? No. Could they do it? Yes. They could do this, but no, let us set up another expensive, exciting, expletive joint committee.
These are just a few of the recommendations the Liberal members made for an improved code of conduct for MPs. It is quite clear that these were not off the cuff ideas but well thought out initiatives made by a party that had witnessed eight years of Tory corruption. I hope we do not have to sit here for eight years of Liberal corruption.
With this special joint committee, the Liberals are now saying that everything that was said in the past, all the ideas and initiatives that were to be followed through on, if only they had the chance, are all history. Kaput. They say one thing on this side of the House and once they get over there they do the other.
Why is it that we cannot just sit down in this House and write out a code of conduct that is acceptable to all parties? Why must we spend thousands of dollars for another series of committee meetings and setting up the overhead to send senators and MPs all over to listen to witnesses, only to find out what we already know? We already have it done.
We have two previous Liberal ethics initiatives-they are now government-four Tory bills, countless discussion papers, and a 60-page report on the conduct for MPs. Why do we not just dust some of these off, and look in the book, find out what they said and pass something?
Again I quote the Liberal whip from 1993, when he attacked the Tory government for its failure to pass an ethics bill: "Does the member actually think that it is reasonable after five and a half years of delay to have had nothing happen yet? It has been six months since the unanimous report of the committee, and nothing has happened yet."
If this joint committee ever does file a report, how many years will the government let it sit on the shelf collecting dust? Does the Liberal whip think it is reasonable for the Government of Canada to examine the issue of political ethics for 23 years with no results and then ask the taxpayers to fork out for yet another group to study the issue?
Heck, he can write the bill himself for all the work he has done. But do you know what, Mr. Speaker? The Prime Minister is no longer listening to him. Give us a break. Ring the bell and ask everyone to bring a pen and a paper and we can have this thing written in a day.
If the Liberals want to talk about reasonable, then I suggest they acknowledge the fact that this House has more than enough information to establish a code of conduct without any road show.
Unfortunately, it is apparent from today's debate that the Liberal government, like the Tories, does not have the intestinal fortitude to enact major reforms to the code of conduct for MPs. Like the Tories, it is in their best interests to bury the issue in committee, and I will tell the House why. When political parties are in opposition in Canada one of their primary objectives is to try to limit the power and authority of the government, hold the government accountable, point out incompetence and always question the integrity of the government. That is when you are on this side of the House.
On the other hand, the government always tries to perpetuate its own power by denying and/or ignoring opposition scrutiny, as is the case in this Parliament. Any increase in scrutiny of governmental affairs means a decrease in its authority in that particular area: health, revenue and taxation, public works. What is good for the goose is not always good for the gander, as the Liberal whip likes to say. And what is good for the Liberals in opposition is no longer in their best interests in power. It is sort of a power paradox.
All members have to do is look at the facts. They speak for themselves. In opposition the Liberals harped on the Tories for their failure to establish an effective code of conduct for MPs. They made some constructive suggestions in debate, in reports, in articles and endorsed the last report of the special joint committee. Did they invoke it? Did they bring a bill forward? No. They wanted to ignore it and do the work all over again.
As the Liberal member for Edmonton Southeast stated, "I would like to see the recommendations of the special joint committee enacted". The fact is, the recommendations were never enacted and the Tories were booted out of office. All of a sudden the Liberals, the party of integrity, became the government. And what has happened? They have lowered the definition of integrity.
What happened to the ethics report they endorsed? What about all the proposals they made to increase the scrutiny on members of the House? What about all the criticism they gave the Tories for not acting immediately? Why are they not doing what they said they would do in opposition? At least when Prime Minister Mulroney was on that side and a minister got into trouble or gave the appearance of a conflict of interest, the minister stepped aside. Now we have that case and the minister is not stepping aside, nor has the Prime Minister asked him to step aside.
Like all previous governments, the Liberals realize they cannot possibly give away the kind of power that was suggested in opposition. Instead they give out small tokens and establish needless committees like the one we are debating today, which will not accomplish a darn thing.
The Liberals have done nothing to increase scrutiny over order in council appointments, an issue they were adamant about in opposition. As a matter of fact, they used an order in council to create another possible conflict of interest over the direct to home satellite TV business.
To quote the Liberal whip in 1993, my favourite witness on the topic, "The only thing we have had is an order in council review process that gives no power to a committee, not even the power to make a recommendation to the House of Commons". What has changed since then? The problem still exists. Why do they not just fix it? They have been in office for two years, and what have they done? Nothing.
The same can be said about Liberal inaction to introduce legislation that would open up the government contract process. In fact, on Wednesday, May 31, we heard that the president and vice-president of the riding association of the Minister of National Revenue were awarded contracts. Now the Liberals are going to bury all this in a special joint committee, which I guarantee will not report back anything new to the House in the area of political ethics or code of conduct initiatives. The Prime Minister will point out how great this committee is when it is nothing more than a dog and pony show and a waste of time, effort, and money.
This government is no better than the Tories when it comes to legislating a code of conduct for politicians. The creation of this committee is a déjà vu of how Mulroney kept ethics on the back burner.
The Liberal whip has been sitting there devouring each and every word I am saying here today. He wrote down his ideas in a 1991 discussion paper entitled "Public Sector Ethics and Morals". In this paper many questions are raised on the issues of government advertising, government contracts, order in council appointments, lobbyists and whistleblowing.
The Liberal whip then went on to write an article in 1992 entitled "Members' Interests-New Conflict of Interest Rules for Canadian Parliamentarians". How much more study does the Liberal whip have to do on this issue? How much more? This is getting ridiculous.
We have here the people, the skills and the information to write out a code of conduct right now. The member opposite has the ability to make a tremendous contribution to this. He has studied it to death. He has read it to death. Why in heaven's name would the Liberal whip then want to have a joint committee to do all this work all over again when he has spent years on it already? Does he want to spend another year on another joint committee to come up with the same conclusions, the same recommendations he has already made? I challenge the federal government to just do it.
This motion is going to pass. Since the government wants to do another review, this time the Reform Party will be there to hold it accountable to actually bring a bill to the House and pass a code of conduct. Reformers object to this joint committee because of the senators, but we will work toward giving Canadians what they should have-politicians with integrity and a new code of conduct bill.