On April 24, 1996 the hon. member for St. Albert raised a point of privilege concerning questions he had placed on the Order Paper.
I thank the hon. member for his well reasoned arguments, and the deputy government House leader and the chief government whip for their contributions to the discussion.
In his submission the hon. member explained that on December 1, 1994, during the last session, he had placed a question on the Order Paper. At the time of prorogation on February 2, 1996 the question had not yet been answered.
On March 12, 1996, shortly after the start of this session, the hon. member resubmitted the question on notice as two questions, and pursuant to the provisions of Standing Order 39(5)(a) requested the government reply to these questions within 45 days.
In his submission he argued the government had had almost two years to respond to his question and had failed to do so.
May I remind the House that proragation effectively clears the Order Paper, and as such, cancels the requests for information contained in Questions on the Order Paper. In other words, members who wish to pursue their requests for information from the Ministry must resubmit their questions for them to be reconsidered in a new session. May I also point out that the Standing Order states only that, and I quote: "a member may `request' that the Ministry respond to a specific question within 45 days". It is not, as such, an order of the House. However, the government must in all respects endeavour to respond to questions adhering to the spirit of the rule.
When raising his question of privilege on April 24, 1996, the hon. member had not yet allowed the 45 day response period to lapse. If after 45 days the hon. member's questions have not been answered, Standing Order 39(5)(b) provides him with the mechanism by which he can raise the subject matter in the House during the adjournment proceedings.
Of particular concern to the hon. member was not so much the delay in the delivery of the responses to his questions but rather comments about the questions allegedly made by an unnamed spokesperson for the government House leader's office. According to a newspaper article of April 21, cited by the hon. member, an official in the government House leader's office was quoted as having said that the request was outrageous and that the government had no intention of diverting personnel to answer the questions.
The member argued these comments showed contempt of Parliament and noted that if the government had no intention of responding to these questions he was being hindered in the performance of his duties. This is a very serious matter.
As Speaker Sauvé noted in a ruling given On December 16, 1980, at page 5797 of the Debates , if there was a deliberate attempt to deny answers to an hon. member, and if it could be shown that such action amounted to improper interference with the hon.
member's parliamentary work, then this could constitute a prima facie question of privilege.
In their interventions both the deputy House leader and the chief government whip explained that the questions posed by the hon. member were complicated and detailed in nature but assured him responses were being prepared and would be made available when ready.
Given the response of the deputy government House leader, it is very difficult to accept the veracity of the remarks allegedly made by an unidentified person in the government House leader's office. As such, I cannot find that the member has been obstructed in performing his duties and hence there is no question of privilege.
Let me point out to members and officials alike that the minister has indicated that responses to these questions are being prepared. Written questions posed by members are an important tool at the disposal of members of the House and are used to solicit information as well as to help hold the government accountable for its actions. It is precisely for this reason that the members of the ministry are responsible to the House for the actions taken regarding the preparation of the responses to these questions.
I thank all hon. members for their input.