I am now prepared to rule on the question of privilege raised on Thursday, October 27, 2005 by the hon. member for Bourassa concerning householders sent by several other hon. members.
I would like to thank the hon. member for raising this matter. I would also like to thank the hon. House leader of the Bloc Québécois, the hon. Minister of Intergovernmental Affairs, the hon. House Leader of the official opposition, the hon. Minister of the Environment and the hon. member for Ahuntsic for their contributions on the issue.
The hon. member for Bourassa claimed that householders containing false allegations against him had been mailed out by no less than 24 other members. In his opinion, the documents implied that he and other hon. members had been involved in certain improprieties concerning the sponsorship program. He also pointed out that the documents in question contained the logo of the Liberal Party of Canada, despite having been mailed by members of another party. The hon. member contended that these allegations had damaged his reputation and adversely affected his ability to fulfill his parliamentary duties. He argued that these householders represented a misuse of the printing and mailing privileges afforded to members and asked that I find a prima facie breach of privilege.
The hon. Minister of Intergovernmental Affairs and the hon. Minister of the Environment rose in support of the hon. member’s argument, stating that they too had been the victims of false allegations in these householders. They also considered that their reputations had been unfairly damaged.
For his part, the hon. House leader of the Bloc Québécois argued that the householders contained facts already reported by the media. He stated that the documents merely said that the hon. member for Bourassa, the hon. Minister of Intergovernmental Affairs and the hon. Minister of the Environment had appeared before the Gomery commission, an indisputable fact which in no way breached their privileges. He also claimed that the mailings were a legitimate tool to inform the public about events surrounding the sponsorship program.
The hon. House leader of the official opposition noted that several matters relating to 10 percenters and householders had been raised in the House over the past few months and that a subcommittee of the Board of Internal Economy is currently examining the issue.
As hon. members are aware, last spring the Chair heard several questions of privilege relating to printing and mailing privileges. It may be helpful if I were to summarize briefly the facts surrounding these cases.
On March 21, 2005, the hon. member for Windsor West rose on a question of privilege concerning the distribution in his riding of a ten percenter critical of his conduct. While I was not prepared to comment on whether the document in question conformed to the guidelines regarding the content of householders and ten percenters, I was concerned that it may have affected his ability to function as a member and may have had the effect of unjustly damaging his reputation with voters in his riding. I therefore found that a prima facie case of privilege did exist and I invited the member to move his motion.
On May 3, 2005, the hon. member for Ajax—Pickering raised a question of privilege concerning a householder that he had sent to constituents, but into which had been inserted a reply card that appeared to have been sent as a ten percenter by another member. I noted in my ruling that the confusion surrounding the insertion of the reply cards warranted investigation and I therefore allowed the hon. member for Ajax—Pickering to move his motion.
Also on May 3, the hon. member for West Vancouver—Sunshine Coast—Sea to Sky Country raised a question of privilege regarding a franked mailing his constituents had received from a member in a neighbouring riding. The hon. member expressed concern about the costs of the franked mail. I agreed that it was something that the Standing Committee on Procedure and House Affairs should also look into and I therefore allowed the member to move his motion.
A few days later, on May 10, 2005, the member for Wellington—Halton Hills rose on a question of privilege concerning the alleged abuse of the franking privilege. He complained that a member had been sending bulk mailings into his riding, violating the spirit of the franking privilege, as well as the rules concerning 10 percenters and householders. He also argued that his privileges as a member were being abused because his constituents were being misled as to who the member of Parliament for the riding was. Taking advantage of the fact that the Standing Committee on Procedure and House Affairs was already looking into a number of related matters, I allowed the member to move his motion.
In its 38th Report, presented to the House on May 11, 2005, the Standing Committee on Procedure and House Affairs found that the privileges of the hon. Member for Windsor West had been infringed. The Committee also recommended that the Board of Internal Economy review the guidelines on the content of householders and ten percenters and the rules surrounding their mailing, as found in the Manual of Members’ Allowances and Services.
In its 44th report, presented to the House on June 22, 2005, the standing committee concluded that no breach of privilege had occurred in any of the other cases. The House has not concurred in either of these reports.
I am concerned that members are continuing to rise on questions of privilege relating to householders and ten percenters. I take these matters very seriously, in particular when reputations of members are being brought into question. That being said, as with the previous cases, I do not believe that it is for the Chair to pronounce on the content of these documents or whether they conform to the guidelines found in the Members’ Allowances and Services Manual. However, given that the documents in question were printed and distributed pursuant to the privileges afforded to members, and given that disputes regarding the use of these privileges continue to arise, I believe it would be appropriate for this matter to be afforded the same treatment as the cases I have just described.
I therefore find a prima facie question of privilege and invite the hon. member for Bourassa to move his motion.