Mr. Speaker, I rise on behalf of the hon. member for Wentworth—Burlington, the author and sponsor of Bill C-206, an act to amend the Access to Information Act. Normally the member would be speaking himself at this time, but as it is the third hour of debate on this bill, and as the member spoke during the first hour of debate, he is not allowed under our standing orders to speak today. Therefore, I will reflect the thoughts of the member.
Much has happened between the first hour of debate and this final one, a mere two days before Bill C-206 comes before the House for its second reading vote. During the first hour when the member for Wentworth—Burlington described his bill there was optimism and excitement. After 13 years of failed attempts, at last a bill was going forward that would substantially reform the Access to Information Act, the legislation that was intended to guarantee the right of Canadians to those government documents they should be entitled to see, but that over the years has become more an instrument of secrecy than of disclosure.
For over a decade the public, the media, members of parliament, parliamentary committees and the former information commissioner himself have clamoured for the overhaul of the act, but never has any government come near to presenting legislation that answered the urgent calls for reform.
An impasse arose from the fact that it has been impossible to get consensus on how to amend the Access to Information Act from all the ministries of government that would be affected. Added to this was the problem that the justice department writes all government legislation and, being comprised principally of lawyers, naturally tends to think in terms of increasing confidentiality and secrecy rather than of increasing openness.
After three years of trying to get the justice minister to undertake reform to the Access to Information Act, the member for Wentworth—Burlington undertook to write appropriate legislation himself. As a former journalist, author and now politician, he was uniquely qualified to undertake this task and, with the help of expert legislative counsel, Bill C-264, now Bill C-206, was presented to the House in October 1997.
The reforms proposed in Bill C-206 were sweeping, but almost all of them were taken from the recommendations of the parliamentary committee that proposed improvements to the access law, or from the 1993-94 report of the Access to Information Commissioner—almost all of them, save for the very first amendment, which proposed that the name of the Access to Information Act be changed to the open government act.
From the very beginning the member for Wentworth—Burlington tried to make it clear to opposition parties and the government alike that he would listen and act on all concerns and criticisms expressed about Bill C-206. He has never pretended it to be a perfect bill and has asked only that it go through second reading to committee where witnesses can identify its flaws, propose improvements, answer concerns and amend it wherever necessary. In other words, the member for Wentworth—Burlington only asked that Bill C-206 go through the same legislative process as any other bill.
Opposition MPs in their speeches to Bill C-206 have raised legitimate concerns, one of the more important being that they are afraid to give government institutions the power to consider multiple requests frivolous.
This particular amendment was an attempt to address a problem identified by the information commissioner in one of his reports, but if Bill C-206 deals poorly with this issue or, worse yet, if the amendment gives power to the government that is not intended, then it should be changed or struck from the bill at report stage. The member for Wentworth—Burlington would support any such change.
The member has said repeatedly the same thing to government, and for two years received favourable comment from officials in various ministries and active help from justice department officials, leading to a revised and more polished version of Bill C-206, and even encouragement from cabinet ministers, notably the justice minister and the foreign affairs minister.
Thus, it was with surprise and some dismay that the member for Wentworth—Burlington was called to a meeting this past Monday before the Deputy Prime Minister, the justice minister, the treasury board president and the government House leader to be confronted with accusations that Bill C-206 contains major flaws. Even though he was given no advance notice of criticisms, the member gave full answer then and in writing by noon the next day. Meanwhile, the justice minister undertook to provide a full analysis of all that was supposedly wrong with Bill C-206.
On Wednesday the government announced to Liberal members of parliament that it would not support Bill C-206. On Thursday, that is, yesterday afternoon, the member for Wentworth—Burlington received the justice department critique of Bill C-206 and a formal letter rejecting Bill C-206 from the Deputy Prime Minister.
It is too bad that the justice minister has to rely on staff who could produce a document so inept as that which attempted to demolish Bill C-206. They could not even get the clauses under discussion correct, or cover them all, or find merit in any that increased openness, no matter how minor. Their criticism of clause 26 in Bill C-206 is completely wrong. This clause would extend protection of memoranda to cabinet, not diminish it.
The arguments in the Deputy Prime Minister's letter had more substance, but none were sufficiently compelling to warrant killing the bill.
What is a vote at second reading all about anyway? It seeks agreement in principle, that is all. All legislation is regarded as requiring close examination, correction and improvement after second reading. If this process is not successful, then a bill is killed at third reading, but not at second reading before it has had public airing before committee, not at second reading when all that is being sought is agreement in principle.
What is the principle? The first amendment of Bill C-206 would rename the legislation to the open government act. The second amendment would establish that it is the government's duty to release as much information as it reasonably can to the public.
Will the Prime Minister vote in principle against such a bill? Will the Minister of Justice or the Deputy Prime Minister? Cabinet always has the option of killing the bill at third reading or in the Senate, but to oppose such a bill at birth?
Perhaps the member for Wentworth—Burlington has indeed failed to be sufficiently accommodating. The one single area of Bill C-206 that he has said he will not budge on is the amendment that would bring crown corporations like the CBC, Canada Post and the National Capital Commission under the legislation. Crown corporations spend billions of taxpayer dollars. They should and must be subject to better public scrutiny.
Surely that is not cabinet's reason for opposing Bill C-206. Surely cabinet should want debate on how to make all government more open.
Many of us first came to this place in 1993. The hon. member for Wentworth—Burlington has certainly been a man of parliament, a man of this House.
What is being proposed in Bill C-206 would help every member of parliament to do their job. It would also help make transparent the workings of government to all Canadians.
I commend the member for Wentworth—Burlington for his efforts, his initiative and his perseverance in attempting to give all members of parliament the equipment to do a better job and to have more open and transparent government.