Mr. Speaker, I rise on a question of privilege regarding the release of the Public Service Commission report on the behaviour of the former privacy commissioner, which was released today at 1 p.m.
Members were to be briefed on the report in a lockup at noon and members of the media were briefed one hour earlier at 11 a.m.
I have two points. First, the report should have been tabled in the House before it was released to the public. Second, members should have been briefed before the media was.
The Public Service Employment Act, subsection 47(2), which deals with reporting to Parliament, states:
The Minister designated by the Governor in Council under subsection (1) shall cause the report and statement referred to in that subsection to be laid before Parliament within fifteen days after the receipt by the Minister thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
While that section refers to the annual report, I would argue that all reports should be tabled first in the House of Commons before being released to the media and the public, particularly when they involve an officer of Parliament and a former officer of Parliament.
To do anything else is an insult and an affront to the House. Parliament appointed the former privacy commissioner and any report involving his activity while he served Parliament should be tabled in Parliament before being released to the public.
On March 15, 2001, the Speaker ruled on a question of privilege regarding an incident whereby the media was briefed on a bill before the members of Parliament.
In your ruling on that matter, Mr. Speaker, you said:
In preparing legislation, the government may wish to hold extensive consultation and such consultation may be held entirely at the government's discretion. However, with respect to material to be placed before parliament, the House must take precedence....The convention of the confidentiality of bills on notice is necessary, not only so that members themselves may be well informed, but also because of the pre-eminent role which the House plays and must play in the legislative affairs of the nation.... To deny...information concerning business that is about to come before the House, while at the same time providing such information to media that will likely be questioning members about that business, is a situation that the Chair cannot condone.
In this case we also have material to be placed before Parliament. It contains information about a former officer and may very well have an impact on our future role in appointing the next privacy commissioner. The contents of the report should have been tabled in Parliament and members should have been briefed before the media was.
Not having that before us here today means that as we exit this place even now, while media have been briefed and we have not yet seen the report, we will be trying to answer questions on something the media has been briefed on and we have not even seen yet.
If you find, Mr. Speaker, that this is a prima facie question of privilege, I am prepared to move the appropriate motion.