Madam Speaker, it gives me a great deal of pleasure to rise and be able to speak on behalf of my constituents to Bill C-34, an act to amend the Parliament of Canada Act, specifically regarding the ethics commissioner and the Senate ethics officer.
As well all know, the current Prime Minister has been searching for his legacy, something that Canadians will remember him by after his years of public service. While I greatly respect his years of service, I do not have to endorse what he has done during those years. The bill is a prime example of the Liberal legacy, saying that it will do something but only doing it in half measures.
If the purpose of the bill is to fulfill a 1993 Liberal red book election promise and provide for the appointment of a truly independent ethics officer that would report directly to the House Commons regarding the conduct of its members, then we would be able to proceed quickly with the bill. Unfortunately, as my colleagues before me have stated and as I will mention in the next few moments, this is really is not the case.
The bill is part of the Prime Minister's ethics initiative that he first announced in May 2002. As is often the case with the Prime Minister, his cabinet and his government, they use the right words but the meaning and implementation are shifted in such a way that the results are confusing. In other words, they simply do not walk the talk.
I believe if any one of us asked our constituents what they thought the term “independent ethics commissioner for the House of Commons” actually meant, there would be a fairly consistent response. Canadians who I have spoken with over the past number of years on this issue take the view that an independent ethics commissioner means exactly that, independent, free of influence and restrictions from anyone else.
While that would be the Canadian norm, the Liberal version of the world is always just a little bit different. Under the bill the term “independent ethics commissioner” is misleading. Under Bill C-34 the Prime Minister will make the choice of ethics commissioner. There will be a consultation process with the leaders of the parties in the House and then there will be a confirming vote in the House.
This may sound like it meets the needs of an independent ethics commission. However, we must consider that the consultation process with the leaders does not mandate that the Prime Minister change his mind if they all disagree.
Consider that the confirming vote in the House will undoubtedly be a vote in which all Liberals will mysteriously vote in favour of the Prime Minister's choice. This will not be a secret ballot where every member of the House can vote according to his or her independent view of the proposed ethics commissioner. Is it not ironic that an independent ethics commissioner will not be voted on by independent minded members of Parliament?
As we all very well know, there is a very strong precedent for secret ballots in the House. The Speaker of the House of Commons has been voted on in this fashion for the past several times and it has worked extremely well. The wishes of the members are clearly heard and they in turn are well served by that democratic choice.
I note that the House of Commons ethics commissioner is appointed for an initial five year term and is eligible for reappointment for one or more terms of up to five years each. Furthermore, Bill C-34 states that the House of Commons ethics commissioner will work under the general direction of a committee of the House of Commons, presumably the Standing Committee on Procedure and House Affairs. While this seems all quite logical, I believe we need to look at the working details of the bill more closely. Unfortunately again, Liberal logic and Canadian logic often do not match with each other.
When speaking out in opposition to Bill C-34, let me quote directly from Canadian Alliance policy and what I firmly believe should be involved in the bill. It states:
We will facilitate the appointment of an independent Ethics Counsellor by the House of Commons. The Ethics Counsellor will report directly to the House of Commons and be given the mandate to investigate, and where applicable, recommend prosecution for conflict-of-interest infractions by a Member of Parliament, and/or his/her staff.
I am fully in favour of setting and maintaining a high standard of ethical conduct by government and parliamentarians. As public servants, we must ensure that a high standard is maintained. In this case it is this Liberal version of ethics to which I am opposed. By its very nature ethics are not something that can or should be subject to internal definitions.
I have no doubt that the Liberals will try to characterize my fellow opposition members as being against a code of ethics but let me emphatically state again that I fully support the premise and the need for an independent ethics commissioner. Unfortunately, after reading the details of the bill, while the position may be for an ethics commissioner, the position is certainly not independent. It is on this basis that I disagree with this bill.
I ask the obvious question of how an ethics commissioner appointed by and answerable solely to the Prime Minister can have any legitimate jurisdiction over backbench and opposition MPs. I urge all hon. members of Parliament to carefully consider these implications. This is nothing more than one more Liberal wolf dressed in sheep's clothing. How can an ethics commissioner for all members of the House of Commons have any validity when he or she would be appointed by the Prime Minister without an endorsement by the rank and file members of Parliament?
As we have seen in the past, situations arise where an investigation by an independent ethics commissioner is required. If an investigation of a minister is requested by a senator or an MP, the ethics counsellor is obliged to investigate. However under Bill C-34, any public report arising from the investigation can be suitably sanitized by withholding any information considered confidential.
An independent ethics commissioner must report to the House of Commons ideally through one of the committees, not through the Prime Minister's office. Without this provision there is no independence and the position continues as a lapdog to the Prime Minister.
I know the government House leader has indicated that Bill C-34 meets all the recommendations of the standing committee in its report tabled just before Easter. However that is not necessarily the case. The method of recruitment and the appointment of the ethics commissioner is key to guaranteeing his or her independence. Unlike all other officers of Parliament, the ethics commissioner reports on the conduct of members of Parliament and not the government. Therefore, faith in his total independence is essential.
I note the standing committee made favourable reference to the practice in the provinces where there is direct involvement by their members in the selection of their commissioners.
In my home province of British Columbia he is selected by an all party committee, which makes a recommendation to the premier, who must then obtain a two-thirds confirming vote by the legislative assembly to make the appointment. Alberta uses a similar method without the two-thirds requirement. In this package the House will have, arguably, no real involvement in recruitment and appointment, and in the end the government majority will simply prevail.
There are many other issues that arise out of this bill that time prevents me from addressing. I know that opposition parties and many backbench government members have grave concerns over this bill.
Some of the issues I have had the opportunity to speak to but there are many others. I am concerned over the confidential advising to the Prime Minister and the ability of the PMO to clean up the report over confidential issues between the Prime Minister and his ministers. The bill provides no real role for the House in the selection of the ethics commissioner, therefore arguably not really truly independent.
I am strongly in favour of a code of ethics by which all members of the House can abide. I affirm the need for a truly independent ethics commissioner to uphold this standard. Unfortunately, the Liberal government thrust its own definitions on the role and position and in so doing, have circumvented the legitimacy of a truly independent ethics commissioner.