Mr. Speaker, it is an honour to take part in today's debate on Bill C-419, an act to amend the Parliamentary Employment and Staff Relations Act.
It is fitting that we are considering this bill as part of private members' business. The bill would directly affect all members in the way we conduct our work and organize our offices, so it is appropriate that we are able to consider these issues in a non-partisan and thoughtful manner.
The government has considered many issues raised in the bill since the enactment of the original act in 1986. The government has not acted on these issues since there has been no agreement among parliamentarians, among ourselves, on how to proceed.
Let me now go through various aspects of Bill C-419. Bill C-419 proposes three main changes to the Parliamentary Employment and Staff Relations Act.
First, the bill would amend part I of the act to allow the staff of each MP and senator to negotiate collective agreements. These provisions would apply to parliamentary staff, constituency staff and caucus staff. Each MP and senator would be considered as an employer in relation to their staff. Parliamentary staff would therefore be covered by the same legislation as the employees of the House of Commons, the Senate, and the Library of Parliament. By including parliamentary staff under part one of the act, employees would have recourse through the Public Service Staff Relations Board arbitration and grievance procedures.
Second, the bill would add a new provision to the act to forbid employers to lock out their employees. This prohibition would apply to the House of Commons, the Senate, the Library of Parliament, and each member of Parliament and senator in their role as employers. The bill also includes penalties for employers who cause lockouts.
Third, the bill would bring into force parts II and III of the act. Part II of the act provides for labour standards such as hours of work, wages and leave, et cetera, and incorporates part III of the Canada Labour Code. Part III of the act provides for occupational health and safety standards by incorporating part II of the Canada Labour Code. Parts II and III of the act apply to the staff of MPs, senators, the House of Commons, the Senate and the Library of Parliament.
As I mentioned earlier, although the Parliamentary Employment and Staff Relations Act was enacted on June 27, 1986, parts II and III of the act covering labour and health and safety standards have never been brought into force, given concerns among members that these provisions should not apply to parliamentary staff. One concern has been the financial and operational implications that these provisions would have on members of Parliament and senators.
Bill C-419 could result in significant costs to MPs and senators as a result of the labour and health and safety standards under parts II and III. The new provisions in Bill C-419 for collective bargaining for parliamentary staff could also have significant financial implications for individual members of Parliament and senators.
Another concern raised by parts II and III of the act is that they could interfere with the independence of members of Parliament and senators and their parliamentary privileges. For instance, staff could refuse to perform work they considered dangerous, which could prevent the House from sitting or could interfere with the operation of the offices of members of Parliament. In addition, government inspectors would have access to parliamentary premises, including the offices of members of Parliament. I am sure we would all agree that as parliamentarians we must be careful to ensure that our privileges are not unduly constrained so that we can perform our duties and our functions as members of Parliament, as representatives of the people of Canada.
We must therefore find the correct balance between maintaining our privileges while obviously ensuring that the interests of our employees are properly and carefully addressed.
The House of Commons, the Senate and the Library of Parliament have effectively addressed labour issues through other informal ways and means. The House, Senate and Library of Parliament employees have coverage similar to that provided under the Parliamentary Employment and Staff Relations Act without interfering--and this is the key point--they have the same coverage and protections without interfering with parliamentary privilege.
I believe that as parliamentarians we should always strive to uphold our duties in our roles as members of Parliament to our constituents, but also importantly as employers, to ensure that our own parliamentary staff have proper working arrangements and proper working conditions.
Perhaps it would be more appropriate for the Board of Internal Economy to create a parallel non-legislative structure to achieve the objectives of the act without the difficulties raised in a more rigid statutory approach.