Mr. Speaker, I raise my question of privilege in response to a letter dated February 16, 2001, from the member for Ancaster—Dundas—Flamborough—Aldershot. This letter was distributed to members and to all media. It came to my attention yesterday, February 21. I believe this question meets the criteria as described in Standing Order 48, and Marleau and Montpetit, page 121.
The member's letter contains information discussed in camera among the members of the procedure and house affairs subcommittee on private members' business. This, in and of itself, has been found to constitute a prima facie matter of privilege, as noted in Marleau and Montpetit, page 838 which states:
Divulging any part of the proceedings of an in camera committee meeting has been ruled by the Speaker to constitute a prima facie matter of privilege.
The member for Ancaster—Dundas—Flamborough—Aldershot's Bill C-234 was deemed non-votable by the committee, and he wrote in his letter that the bill “was ruled non-votable by the opposition members on the subcommittee for private members' business”. He went on to say “crude partisanship has thus deprived all MPs of a debate”. He also said “opposition MPs have been complaining about the lack of opportunity of backbench MPs and the relevance of parliament. Yet when given a chance to do something about it, they failed to take it”.
I argue that the tone and content of the letter is inappropriate and that he has divulged in camera details of a subcommittee to other members and to the media. In doing so he has put both myself and all my colleagues in an untenable position of being unable to defend ourselves against such charges because to do so would force us to divulge information from an in camera meeting, which we will not do.
As you know, Mr. Speaker, it is a committee that works much differently than the sometimes more partisan parliamentary committees. I commend all my colleagues for their excellent work on the subcommittee for private members' business. The member for Ancaster—Dundas—Flamborough—Aldershot may not be aware that the decisions as to which bills and motions are deemed votable are reached through a consensus process with representatives of all parties, including his own.
On the matter of privilege, Marleau and Montpetit, page 52 states:
—Members can only claim privilege insofar as any denial of their rights, or threat made to them, would impede the functioning of the House.
I submit to you, Mr. Speaker, that my right to defend myself, and for all members to defend themselves against such accusations, have been denied by the member and his actions. His actions have impeded my ability to fulfil my function as a member on this committee.
Marleau and Montpetit point out “The unjust damaging of a member's good name might also be seen as constituting an obstruction”. In ruling on a question of privilege, Speaker Fraser stated:
The privileges of a Member are violated by any action which might impede him or her in the fulfilment of his or her duties and functions. It is obvious that the unjust damaging of a reputation could constitute such an impediment.
I respectfully submit that the actions of the member for Ancaster—Dundas—Flamborough—Aldershot have done just that and brought unjust damage to the reputation of all members of the subcommittee and, in fact, to the entire House of Commons. Members who sat on the subcommittee have worked together and given many hours of their time to hear submissions from their colleagues from all parties. Which member in his or her right mind would want to give of themselves for the benefit of their colleagues knowing that they may be faced with indefensible rebukes and the prospect of a damaged reputation from a colleague they have sought to assist?
Should you, Mr. Speaker, find that this is a prima facie matter of privilege, I would be prepared to move the appropriate motion.