Mr. Speaker, on May 3, 2004, the Clerk of the Privy Council informed the public accounts committee that, on about three occasions over two years, deputy ministers had come to him to say that they had strongly advised a minister that something the minister wanted should or could not be done. He also made it clear that this was not to be interpreted as meaning that ministers wanted to do anything illegal and that, indeed, in every instance, the actions taken were consistent with the law.
Moreover, as deputy of the Prime Minister and head of the public service, and to promote effective management of the public service, the Clerk of the Privy Council must be in a position to receive full and frank information about internal governmental operations. As well, ministers must be in a position to express freely their opinions and views, and to share them with their deputy ministers in confidentiality. This point was also made before the public account committee. These important principles are recognized in the Privacy Act and the Access to Information Act.
Asking the Clerk of the Privy Council to disclose opinions or views that a minister may have expressed on a confidential basis, in a context such as here where all actions taken were consistent with the law, would draw him into a political role and be contrary to the convention of neutrality of the public service.
Disclosure of such information would therefore prejudice both the confidential nature of the discussions and the importance of protecting the neutrality of the public service.