Madam Speaker, I too want to make some comment on the matter raised by the hon. member from Rosedale.
He has brought to the attention of the House the apparent publication of contents of a draft report of the Standing Committee on Foreign Affairs. Such publication or disclosure of committee reports at draft stage or disclosure of committee work in process before it is made public, particularly work done in camera, has always been considered and classed as a breach of the privileges of the House. From what has been told to the House today I can only accept that there has been what we sometimes refer to as a prima facie breach of privilege. In listening to members today I see no difference emerging in their views. The question is what should the House do, what should the committee do in responding to this.
It is my view that this might well be an appropriate case for the House, for colleagues on both sides of the House, to draw the line in the sand, first so that we will all know and the public will know where this stands in terms of parliamentary law and that we are not doing this simply to assert a parliamentary position. We are doing it to protect what we regard as representatives of Canadians as the public interest, that we need the flexibility to deal with these public interest issues in camera from time to time. When we do that we must demand that the rules of the House and the privileges of parliament be respected.
We now have to determine what we should do. Should we just make the point and walk away? Should we deal with the case generically by referring it to one of our committees? Or should we make use of this instance to draw a line in the sand and actually attempt to locate the source of the leak?
Experience in this and other parliaments seems to show that while it is easy to find the publication of the information, it is not so easy to find the location of the leak. Locating the person or the mechanism by which the leak occurred would involve calling witnesses and require testimony from individuals who might not wish to provide testimony.
While the House has the undoubted authority and power to do this, it is an exercise which colleagues on both sides of the House would want to undertake with a fair bit of dedication and commitment. There would be no point in pursuing this and doing half a job.
The member from Rosedale did not indicate that he wished to move a motion, but I am sure he would move a motion if the Chair found that the facts in this case did constitute a breach of the privileges of the House. I am confident that the Chair will find that and I want to make the following suggestion.
It may not have occurred previously in this House but I gather it has occurred in the British House which takes the same position, incidentally, in relation to the premature publication of committee draft proceedings or in camera proceedings. That is to refer the matter not to the House management committee, which would address the breach of privilege issue, but to the Standing Committee on Foreign Affairs out of which the problem first arose. That committee would attempt to put together the facts surrounding the unauthorized publication and release, the leak, call witnesses as appropriate and report back to the House with comment on how serious the unauthorized publication would have been, how serious for public interest it would have been and what importance the House should attach to it.
The House will probably agree that there are times when a leak of a phrase will not mean too much. But in this case it was a report dealing with the formation of this country's policy on nuclear disarmament and it is a matter of no small importance to the way this country formulates its policy and carries on business in the international community.
I suggest it is a fairly serious issue, but members best equipped to comment on that would be the members of the foreign affairs committee.
I simply hold that out as one option available which the Chair or members of that committee may wish to look at more closely. In the event that approach is not taken, I believe if a breach of privilege is found by the Chair the matter should stand referred to the House management committee which looks at these matters generally.
I for one would want to see that committee pursue the matter aggressively, making this case for all Canadians and the media that sometimes rely on MPs to entertain the masses and to write their stories without having to do their homework. We should look at this case as a serious breach and attempt to make use of it to draw the line in the sand so that we would have fewer or no breaches of this important parliamentary privilege.