Mr. Speaker, I rise today on a question of privilege. I have given the Chair a copy of the grievance that I bring to the attention of the House and I have also contacted the office of the Parliamentary Secretary to the Leader of the Government to indicate to him that I wanted to rise today on a question of privilege.
In the past, in your wisdom, you have offered guidance on similar matters and I would hope for the same today. Needless to say, if you determine that I do have a question of privilege I am willing to move the necessary motion to bring this matter to the appropriate parliamentary committee.
It is a long and honourable custom in the House that members of parliament are to provide other members factual information and only the truth. It is part of the law of privilege that a member of this House in the performance of his or her duties can expect the truth from ministers of the crown, even if the truth should be that ministers cannot or will not answer the question raised.
Either we as members of parliament on all sides are entitled to rest secure in the knowledge that we are going to receive the truth in ministerial replies or we are not. Parliament is dependent upon ministers providing truthful information so that they and the government as a whole can be held accountable. This doctrine is the hub around which much of our parliamentary life revolves and lies behind our existing practices of parliamentary disclosure of official information.
In essence, it means that ministers have to provide truthful information about the exercise of their responsibilities in order that an account can be rendered in parliament.
Over the years different mechanisms have been developed for the disclosure of information, parliamentary Order Paper questions being a prime example of the mechanism for eliciting factual information.
A failure to provide to the House truthful information is considered a grave offence. After a careful review of various precedents, in 1978 Speaker Jerome summarized in the form of a question what I think is still the convention of this House. I quote:
Does that lead to the conclusion that, by virtue of an act or omission, the House or a member has directly or indirectly been impeded in the performance of its functions or his duty, or that there has been a tendency to produce such a result? If I find so, then I really have no choice but to find, prima facie, that a contempt has been committed.
Conventions governing responses to written parliamentary questions have been established to govern the disclosure of information by government to parliament. Such conventions have recognized that a balance must be struck between the legitimate requirements of government to have a certain degree of privacy for the proper conduct of its business and the need to ensure that parliament has the factual information which it requires to scrutinize the executive and hold ministers to account.
It is right for members and for the Chair to ask themselves if sanctioning the tabling of obviously false information to parliamentary questions strengthens or weakens our parliamentary institutions. A parliamentary democracy cannot function unless parliamentarians are permitted to know what their government is up to.
An approach to written parliamentary questions that does not respect the fundamental feature of our system will undermine rather than strengthen Canadian parliamentary democracy.
Where does it leave us if we disregard the fundamental principles of ministerial responsibility?
Mr. Speaker, I am sure you will remind honourable members that to assume that any member of the House ever states anything but the truth would be in itself a breach of the standing orders of this House.
I want to bring to your attention, Mr. Speaker, the fact that I placed Question No. 33 on the Order Paper last October. The answers given by the government to Question No. 33 appear to be, in whole or in part, simply false. I am concerned that the government's response hinders and obstructs the work of parliament and its members and has the effect of diminishing respect for this House.
The question inquired into what involvement ministers of the crown had in an issue that arose in 1995. Sport fishing lodges in July and August 1995 refused to comply with the requirements of the Fisheries Act. The act required lodges to provide accurate and timely catch data to the department of fisheries so it could manage the chinook fishery on an almost daily basis.
Mr. Speaker, 1995 was a year much like 1998. In 1995 chinook were expected to return to spawn in dangerously low numbers. In 1998 it is coho.
The government states in its response to parts (a), (b), (d) and (f) of Question No. 33 that no minister of the crown or their staff other than the fisheries minister and his staff were involved. Departmental documents suggest otherwise.
The department of fisheries has provided me, under the Access to Information Act, documents that go to the credibility and veracity of the claim that ministers of the crown and their staff were not involved. The documents refer to ministerial involvement. The documents have fisheries managers complaining of political pressure. The documents reveal a meeting or meetings between a minister of the crown from Victoria and his political staff and the lodge owners. The documents detail a possible threat from the Minister of Industry to go to the Prime Minister to have fisheries officers stand back while the Oak Bay Marine Group flouted the law and let conservation be damned.
Mr. Speaker, you have been very patient with me and I will quickly cite specifics.
A July 21, 1995 briefing note prepared for and given to the minister, the member for Victoria, states:
Meeting with David Anderson's office, the Sport Fishing Institute and representatives from Queen Charlotte Island lodge operators regarding management ventures implemented in Areas 1 and 2.
Another note, dated July 25, reads:
The attached briefing note was used to brief Randy Pettipas of Minister Anderson's office.
This indicates that responses to (a), (b) and (f) are in whole or in part false.
Another document reveals the fisheries minister's office demanding ammunition to fend off the Minister of Industry who was threatening to go to the Prime Minister. It reads:
Judd Buchanan has convinced John Manley's office that our actions regarding Queen Charlotte Island sports fishery may be punitive and unjustified. Manley's office and Buchanan are suggesting that they might take this issue directly to the Prime Minister.
The political aid acting in the name of the minister of fisheries concluded his demand to the regional director general for the Pacific region with:
We would like this information by the end of this afternoon. Please contact me as soon as possible to let me know what we might expect.
Finally, in reply to Question No. 33(d), the government told the House that no ministers or their staff participated in the Pacific salmon management teleconference calls once the sport fishing lodges refused to supply vital catch data in July and August.
Part (d) asked if ministers of the crown or their staff participated in the Department of Fisheries and Oceans Pacific salmon management teleconference calls in 1995 which considered the refusal of the lodges, including the Oak Bay Marine Group, to provide such data.
Departmental documents made available by the department of fisheries under the Access to Information Act indicate that the current minister of fisheries, then in another portfolio and a minister of the crown, did through his political staff participate in these management conference calls at a time when the lodges were refusing to provide the department of fisheries with the necessary catch data such that the department could manage the fishery to protect fragile chinook stocks.
I quote from a document entitled “Speaking Points for the Deputy Minister”:
On August 15, [1995] the bi-weekly salmon management conference call between departmental officials was extended to include participation from—Minister Tobin's office and Mark Cameron, Minister Anderson's office.
Again, the response given to the House to part (d) of Question No. 33 is incorrect.
The current minister of fisheries, then and now the lead minister from British Columbia, and a spokesman in cabinet for the Sport Fishing Institute, a lobby organization of lodge owners, and for Bob Wright, the largest lodge operator on the west coast, did through a member of his political staff participate in these management discussions once the lodges had refused to obey the requirements of the Fisheries Act.
Mr. Speaker, in a question of privilege on the accuracy of responses to written questions by a previous minister of fisheries, Mr. Tobin, on December 13, 1994 you stated:
I do not in any way minimize the seriousness of this question of privilege raised—He surely has a grievance which perhaps can be corrected without proceeding to a complete point of privilege. I hope the hon. member for Delta and perhaps the member for Kingston and the Islands and the hon. Minister of Fisheries and Oceans might come together to resolve this particular grievance. I want the House to understand that I do take this very seriously when a member feels that he or she is in any way impeded from performing his or her duties as members of Parliament. I would give this assurance that I will return to the member from Delta if indeed he does not get a response to his grievance in discussions with the hon. member for Kingston and the Islands and the hon. Minister of Fisheries and Oceans.
In conclusion, I am concerned that such obviously false responses should be allowed to stand on the parliamentary record.