Mr. Speaker, it is a pleasure to rise and speak anytime in the House and although I wish we had made more progress in developing Bill C-34 into what it should be, I will speak to it today.
As other members mentioned earlier, Bill C-34 is a missed opportunity. It is a missed opportunity for the Liberals to keep a promise. Someone earlier mentioned the 1993 Liberal red book. I will quote a part of it. It says “The Ethics Counsellor...will report directly to Parliament”.
That is a nice simple statement. It was a promise by the Liberals that if Canadians voted for them they would keep this promise. Ten years later they still have not kept it. In fact, they are entrenching it with Bill C-34, which is an alternative to what they promised Canadians in 1993.
The red book went on to say “The Liberal government will appoint an ethics counsellor who will be available to the Prime Minister to investigate allegations of impropriety by cabinet ministers”.
It is amazing to note that the Liberals kept half of their promise but not the other. The ethics counsellor, unfortunately, does not report directly to Parliament. He in fact reports directly to the Prime Minister. I am not sure how much the ethics counsellor gets paid but I imagine it is in excess of $200,000 a year. He probably has a car, an office, a lot of benefits and an expense account like none of us have. It is a huge job. The Prime Minister has bestowed a great benefit on the ethics counsellor.
When the ethics counsellor has to deal with issues which could possibly smear the Prime Minister indirectly, such as when a minister is being accused of doing something wrong, it is only human nature for the ethics counsellor not to do anything to jeopardize his position and hurt the person who gave him the big job with the big money and the person with the power to renew his contract. It would be just human nature that the ethics counsellor would not do anything to jeopardize his position and hurt the person who employed him, the person who appointed him, the person to whom he answers, and the person under whose pleasure he serves. It is really backwards.
If a minister is accused of wrongdoing and the ethics counsellor is brought in, it is like a judge, or in this case the ethics counsellor, working for the accused. If he determines that the minister failed to do something properly, correctly or ethically, it would be a smear on the Prime Minister who is also the judge's boss. The judge works for the Prime Minister. He serves at the pleasure of the Prime Minister. He answers only to the Prime Minister. It is a shame the Liberals missed the opportunity to fix that. I feel the whole bill is worthless because they did not do that one thing.
They can extend it to include members of Parliament, like myself, or to senators and others. However it does not matter because in the end the ethics counsellor answers to the Prime Minister. It is exactly the same. In fact, if the ethics counsellor turns out to be partisan, and I think human nature will deem he or she will be, those of us in the opposition who might have an exact same circumstance as a member in the government, may receive a completely different determination from the ethics counsellor. We might be accused of wrongdoing whereas someone on the government side may not because the ethics counsellor reports to the government. He serves at the pleasure of the government. This to me is a scary thing.
We have heard lots of accusations of scandal and corruption, but it has not been members of Parliament who have been accused. Even senators are not accused very often. It is mostly ministers who are in a position to influence the government's spending, to direct funds to certain parties that may be supporters or otherwise, or to make deals that could somehow indirectly benefit property they own or something like that. It is not members of Parliament who are accused of things like that, it is cabinet ministers.
Bill C-34 has been broadened so much to cover so many of us it looks like an enhancement, but it really is not. As long as the judge, in this case the ethics counsellor, answers to the Prime Minister for his job, for his pay and for his benefits, the position will never be impartial. It will never make any sense to me.
One can just imagine what it would be like if the Auditor General answered to the Prime Minister. We would never see these reports that come out that are so well done and so accurate. We are lucky to have her in this job and to have her answering to Parliament. She has come out with scathing reports on HRDC, on public works issues and on the sponsorship program. She reports on the military and on fisheries. Her reports are impartial and I am sure they effect positive change.
On the other hand, the ethics counsellor answers only to the Prime Minister. His reports go to the Prime Minister and we never know what is in them or what is behind them. It is all done behind closed doors, as opposed to the Auditor General who answers to Parliament. It is a wonderful system. We are very fortunate to have the excellent auditors that we have had. The fact that they answer to Parliament makes the Auditor General's Office perhaps the most valuable institution in Ottawa.
However it is just human nature that when our boss wants an answer and our jobs depend on giving a certain answer, we will give that answer in many cases. This is especially true if the job is as lucrative as the job the ethics counsellor has now.
I believe the ethics counsellor is in a conflict of interest. He knows his job will be in jeopardy if he gives the wrong report because he does not answer to Parliament. He answers to the Prime Minister. If he does anything to smear the Prime Minister, the cabinet or the government , his job could be at risk. Therefore he is in a conflict of interest and Bill C-34 entrenches that.
Recently we had the independent ethics commissioner in Ontario, who answers to the legislature in Ontario, write a scathing report about an expense by a minister. The minister had to resign over the expense. That would never happen here.
The ethics counsellor here would say that he met all the criteria, that he did this or he did that, and it would be all smoothed over and everything would be hunky-dory because he answers to the Prime Minister. He serves the Prime Minister. He is paid by the Prime Minister. He serves at the pleasure of the Prime Minister. In Ontario the ethics commissioner answers to the legislature. It is fundamentally different.
I had a small case myself and I could not believe that it passed the ethics counsellor's scrutiny. A federal minister in the government personally signed an agreement to pay for a highway in New Brunswick. The other signator on the agreement was another provincial Liberal minister. They both signed this agreement saying that the highway would be 100% paid.
The minister in question, a former minister of transport, was defeated in the election and he went back into the private sector. Immediately the same provincial Liberal minister, who signed the agreement, signed the highway over to the defeated minister. It is amazing to see that the same two signatures are on the agreement, where a provincial minister signs over a highway to be a toll highway to a former federal minister, when the federal minister signed an agreement saying that 100% of the highway would be paid.
I took this to the ethics counsellor and somehow, even though this contradicted the post-employment criteria in every way, he found a way to exonerate the minister involved, even though it did not make any sense to have a minister pay for a project and then end up getting the entire benefit of it in the end. He signed both when the money went out and when the money came in. I could not believe the ethics counsellor found no problem with that even though very strict post-employment criteria were not followed. That is what convinced me that the position of ethics counsellor was pointless.
I can only assume that the ethics counsellor felt that if he criticized the former minister it would be a reflection on his boss. I do not know how he arrived at his finding but it certainly does not make sense. The signatures were on the paper, a federal minister paid for a program and then he got a multi-million dollar benefit from it in the end. I will never understand how that was approved, but it was. I do not believe it would have been approved if the ethics counsellor had been hired by Parliament and answered to Parliament.
Bill C-34 is all smoke and mirrors. It will not change a thing until the ethics counsellor answers to Parliament, not to the Prime Minister. The one thing I do fear is that opposition members will be treated differently than government members. Now that we are all included in this big net that the government has cast over all of us, I think we will be treated differently. If the opposition is accused of something it will not reflect badly on the government. It will probably reflect good on the government.
I believe that we will be treated differently than members of the government if they are accused of exactly the same thing because the boss of the ethics commissioner is still the Prime Minister.
I think it is smoke and mirrors. It is a missed opportunity for the Liberals to keep their promise they made to the Canadian people in 1993. It is a missed opportunity to correct a bad problem. It is a missed opportunity to provide confidence to people, their parliamentarians and their government, but they are not going to have confidence in an ethics commissioner that answers to one person and serves at the pleasure of that one person in Parliament.