I am now prepared to rule on the question of privilege raised by the hon. member for Acadie--Bathurst on March 21, 2002, concerning disclosure by the media of the draft report of the Standing Committee on Procedure and House Affairs prior to the report’s presentation to the House.
I would like to thank the hon. member for bringing this matter to the attention of the House, as well as the hon. members for Témiscamingue, Richmond--Arthabaska, Lethbridge, Brossard--La Prairie and the hon. government House leader for their contributions on this question.
The hon. member for Acadie--Bathurst, in raising the matter, pointed out that some portions of the draft report of the Standing Committee on Procedure and House Affairs were divulged in a newspaper before the presentation of the report to the House. He asked the Speaker to conduct an investigation in order to determine who had released the information to the press.
I want to state at the outset that I view such matters very seriously, as I know all members do. The important work accomplished by committees can only be successful if members know that their deliberations in the preparation of reports will be kept confidential until presented to the House. As the hon. member for Acadie--Bathurst noted, the premature release of such information is unacceptable. House of Commons Procedure and Practice states at pages 884-5:
Speakers have ruled that questions of privilege concerning leaked reports will not be considered unless a specific charge is made against an individual, organization or group, and that the charge must be levelled not only against those outside the House who have made in camera material public, but must also identify the source of the leak within the House itself.
In this particular situation, the hon. member for Acadie--Bathurst has not made allegations against any particular individual or charged anyone with being responsible for this leak. Instead, he asks that the Chair conduct an enquiry into the matter.
I should first say that since no specific charges were made against a specific individual, the Chair cannot find this to be a prima facie question of privilege. However, even if the Chair is not disposed to so find, we continue to be faced with this serious and ongoing problem.
I should remind hon. members that in response to earlier concerns arising from the leaking of committee reports, the Standing Committee on Procedure and House Affairs studied the issue of confidentiality with respect to in camera proceedings and confidential committee documents. It tabled a report on April 29, 1999. Yet, in 2002, the problem is still with us.
As all members are aware, and as I stated when this matter was first raised in the House, the Standing Committee on Procedure and House Affairs has the authority to examine this matter without a referral from the House. House of Commons Procedure and Practice states at page 215:
...the permanent mandate of the Standing Committee on Procedure and House Affairs includes “the review of and report on the Standing Orders, procedure and practice in the House and its committees”.
As all other standing committees, if it so wishes, under Standing Order 108, the Standing Committee on Procedure and House Affairs can “send for persons, papers and records” to shed light on this situation.
I can only refer hon. members of the procedure and House affairs committee to a work prepared by one of our colleagues, the hon. member for Scarborough--Rouge River entitled The Power of Parliamentary Houses to Send for Persons, Papers & Records a source book on the law and precedent of parliamentary subpoena powers for Canadian and other Houses. I commend the work to all members of the procedure and House affairs committee. I am sure they will find it very helpful if they undertake the enquiry that the hon. member for Acadie--Bathurst is recommending.
But the committee may ultimately find itself faced with the same quandary if individuals choose not to respect House practice with regards to confidentiality.
As I stated earlier, while I do not find that there is a prima facie question of privilege, in the present circumstances, the seriousness of a leak of confidential committee information should not go unchallenged. The matter of confidentiality is one of great importance to the House and I remind all members of their responsibility to ensure that confidential proceedings and reports of committees remain so.
Once again, I would like to thank all hon. members who intervened in this matter and I do hope that these comments will be helpful.
The Chair has notice that the hon. member for Lac-Saint-Louis wishes to make submissions with respect to a question of privilege raised in the House yesterday.