Madam Speaker, I rise today to participate in the debate on Bill C-208, to amend the Access to Information Act.
I begin by commending my colleague, the member for Brampton West—Mississauga. She has done us all a great service in raising this issue and bringing the bill before the House. By all I mean not only the people in the House of Commons but the people of Canada. It gives us an opportunity to talk about the importance of access to information, access to information legislation and having a access to information commissioner. The flip side is the protection of personal privacy and the regime that we put in place for making sure that we have openness and transparency in government.
As a member of the Ontario legislature I was proud to be part of a government which in 1985, as its very first piece of legislation, brought forward the access to information and protection of personal privacy legislation. It was a first for the province of Ontario. From that experience I know that no piece of legislation is ever perfect. The only thing that is ever carved in stone, unlike the wonderful ice and snow sculptures on our front lawn, are the gargoyles in this beautiful Chamber.
Legislation is living and it must be reviewed from time to time. My colleague has brought forward an important issue. The people of Canada not only deserve and need to know what government is doing, but government needs to know that it has an obligation to give information. Government is not only the elected officials. Government is those people who work in the bureaucracy and public service. It has an obligation to ensure that the public is made to know and has access to that which is in the public interest.
We know there have some problems. Certain events during the Somalia and blood inquiry have drawn to the public attention the fact the Access to Information Act contains no penalty for the destruction of information. That is what this piece of legislation is about. It proposes that an infraction be added to the existing act.
My own personal commitment to freedom of information and access to information should be unquestioned. On September 30 I raised the issue in a question to the President of the Treasury Board who has responsibility for access to information in the Government of Canada. I raised a question because of a report that had been tabled by the access to information commissioner.
My concern was that in his report the access to information commissioner also identified problems. One problem he identified was the lack of timely access. It was taking too long to get the information after a request was made.
Another thing that he identified was the concern that often it was the identity of the requester which determined whether or not the information was going to be given. In other words, who was asking for the information was a part of the judgment in the decision as to whether or not the information could be released in the public interest.
I believe these are problems. I do not think it should matter who is asking for the information. If it is possible to release the information and protect the personal privacy requirements of the legislation, the information should be made available regardless of who is asking.
I would hope we see an amendment to the access to information legislation as it exists today. It might be possible to amend the bill to include the policy that already exists in the privy council office where the identity of the requester, the identity of the individual or the organization asking for the information, is protected. It is not known in the minister's office or in the senior bureaucratic offices who is asking for the information when the decision is made about release of the information.
That is a very good policy. I hope we see it either transformed into an actual part of the statute or a regulation that could accompany the statute. However I certainly believe it should be the policy of every government that it does not matter who is requesting the information.
I also believe that timeliness is very important. Delayed information should not be used as a way of limiting the public's right to know those things. It has a legitimate right to have that information.
I am also very strong on the protection of individual and personal privacy. It is a value that I hold dear and that I believe in. In the information technology age it is a challenge to have access to the information we need to do the research we do at the same time as protecting an individual's right to privacy.
I do not believe the right to privacy is absolute. Nothing in this world or in the House is ever clearly black and white. I have said often I think we live in a world where there are shades of grey. Sometimes there is a legitimate public policy reason why we should have the ability to determine available information.
For example, I had a call from a constituent who was very upset because she had filled out a customs form and as a result had been informed by the employment insurance office that she had collected employment insurance illegally. She had left the country on holiday for a few weeks. When she returned she was a good citizen and filled in the customs form.
I told her that the people of Canada believe people who are out of the country on holiday should not be eligible to collect employment insurance benefits. That is a correct policy. I also think it is appropriate for the department of revenue to share information about people who have left the country. In the name of good practice and more than good practice but effective use of the resources of individuals, taxpayers want to know the laws are being obeyed and upheld. I believe it was appropriate for that information to be shared between departments.
The bill before us today is supportable in principle but I have a few problems with it. As I said, no piece of legislation is ever perfect. I would like to offer one of the problems I have with the bill.
Under the existing Criminal Code offences are defined by three categories. There is a summary conviction offence which carries the lightest penalty. Then there are indictable offences which carry the heaviest penalty and allow a person to elect trial by judge or jury. Then there is the hybrid offence.
In this piece of legislation the member has chosen the indictable offence route. Given the state of the courts in the provinces my concern is that with indictable offence we would see our courts further clogged.
The access to information legislation is under review by the Treasury Board and by the Department of Justice. I hope they take into consideration as part of the review the issues I have raised and most particularly the issue raised by my colleague from Brampton West—Mississauga.
There should be an offence for the destruction of documents. As a result of this debate and the support in principle I would have for the legislation I hope we see changes to make our Access to Information Act better so that the people of Canada and the public interest could be well served. I compliment my colleague.