Mr. Speaker, I am pleased to speak to Bill C-11 with regard to its referral to committee after first reading.
I was the chairman of the government operations and estimates committee in the last Parliament which dealt with the previous bill on whistleblowers. As such, I am acutely aware of the sensitivities that the public service raised with the committee as well as interested parties. Members will know that the issue of independence within the process was extremely important and was expressed by many interveners. As well, the issue of whether or not crown corporations were under the umbrella of this legislation became an important consideration.
I am sure these will continue to be principal elements of discussion at committee. It is one of the reasons that it is probably advisable that the bill go to committee after first reading, so that the committee has the opportunity to examine the fundamentals of the bill to make sure we get it right. That is in the best interests of all and certainly of our public service.
The bill encourages public service members to report wrongdoing in the workplace and protects those who make such disclosures. There is ample evidence why this protection is absolutely necessary.
We went through the process with the former privacy commissioner, Mr. George Radwanski, who ultimately was found in contempt of Parliament. We found ample evidence of rewarding those who played ball and other negative consequences to those who were concerned about what was going on within that department.
I think a consensus point for all hon. members will be that we need to protect the public servants if, as and when they bring to the attention of parliamentarians allegations of misappropriations or other wrongdoing, et cetera.
As a chartered accountant, I am subject to the rules of professional conduct of the Canadian Institute of Chartered Accountants. Those rules obligate me to report to an independent person within the Canadian institute any suspected allegation of wrongdoing of another chartered accountant in the conduct of his or her business. I do not have an option. In fact, if it is subsequently determined that I knew but did not report, under the terms of that code of conduct, I would be equally culpable as the person who did the wrongdoing.
That is the kind of principle that should be part of the normal culture within the public service. I believe the public service wants to have that openness to be able to bring to the attention of someone suspicions. I think suspicions are a starting point, not full knowledge. Indeed it is not really up to the public servant to make the full case. It is important that that case be brought to the attention of independent persons outside their own department so that the details can be established. In the event that the concern is not properly founded, that can properly be discussed with the public servant raising the issue. There are some fundamental principles that could be built into the bill.
It is important for members to familiarize themselves with the bill. In our new committee of government operations and estimates there is a feeling of camaraderie and goodwill. We want to do good work on behalf of Canadians and we all respect the good work that is done by our excellent public service.
I would like to spend a few moments on the preamble. The preamble is very important. We often forget about reading the preamble in bills. It is an important statement not only to our public servants, but to Canadians. It sets the context for right doing and it recognizes the Public Service of Canada as an important national institution, part of the essential framework of our parliamentary democracy.
The preamble also acknowledges the public interest in maintaining and enhancing the confidence of Canadians and the integrity of our public servants, who it recognizes may sometimes be torn between democratic values and loyal service to the government of the day and their right to freedom of expression. This is a very important aspect to be reflected within our legislation. The bill is structured to give them a clear and safe avenue to raise the concerns and the confidence that they will be addressed.
The bill also provides that employee concerns be addressed at a source where they can be resolved the fastest. It also provides for critical safety valves for the protection of a person. Anonymity is a very fundamental part of that protection.
There are three parts of Bill C-11 that deal with the promotion of right doing. More specifically, the bill requires the Treasury Board of Canada to establish a code of conduct for the public sector. The importance of the code is such that Treasury Board must consult with the bargaining agents in its development and must table it in Parliament.
Bill C-11 also allows chief executives, being the deputy heads of departments and chief executive officers of crown corporations, to establish codes of conduct in their own organizations. These codes must be consistent with the code established by Treasury Board.
I point out that the federal public service and many public sector organizations already have good, strong codes for employees but the bill goes further in supporting employees to live up to those codes. The proposed legislation gives those codes the teeth they need to be effective, that is to say that serious breeches of these codes are also one of the definitions of wrongdoing within Bill C-11.
Any public servant who is asked to act contrary to the code of conduct would now have under the proposed law a safe avenue for refusal.
The proposed legislation also requires the minister responsible for the Public Service Human Resources Management Agency of Canada to promote ethical practices in the public sector. This would allow the important work on values and ethics that has been ongoing in the public service for almost a decade to expand and improve support to managers and public servants.
I must admit that there are some areas of the bill on which there will not be total consensus among the various stakeholders. Certainly the crown corporations issue is going to be raised again. I think the committee will have an opportunity to assess the best interests not only of our public servants but also of Canadians at large.
With regard to the protection and values, I know that the committee is very anxious to ensure that all our public servants feel that this bill provides them with the necessary protections so that there would not be negative consequences to their raising allegations of any wrongdoing. That is good parliamentary practice. It is certainly good business practice.
I am sure that the committee looks forward to hearing witnesses on the bill to ensure that we do get it right the first time.