Mr. Speaker, while my question of privilege does hinge on a couple of the other points that have been raised, I think it throws new light on this particular issue that I am about to address. My question of privilege will charge the Prime Minister with contempt for discounting a commitment that he made to the House regarding the issue of Canada's participation in ballistic missile defence.
Page 67 of Marleau and Montpetit states that the House can claim the right to punish for certain affronts against the dignity and authority of Parliament. I will argue that this is one of those cases.
When the Prime Minister reneged on his obligation from the amendment to the throne speech to allow members an opportunity to consider all public information pertaining to the missile defence agreement and to vote prior to a government decision, he acted in contempt of the House. The promise he made to Parliament was the first weave of the tangled missile defence web. More weaving was evident with respect to statements made outside and inside the House regarding when the decision was made to keep Canada out of the missile defence agreement.
On October 18, 2004, the House unanimously adopted the amendment to the Speech from the Throne. One of the sections of that amendment read:
With respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
Subsequently, the House adopted the Speech from the Throne as amended.
On February 24, during his speech on the budget, the Minister of Foreign Affairs said in the House:
After careful consideration of the issue of missile defence, we have decided that Canada will not participate in the U.S. ballistic missile defence system at this time.
A decision had been announced in the House and there was no opportunity for Parliament to consider all public information pertaining to the agreement and no vote prior to this decision. I believe that this is a clear contempt of Parliament.
As late as February 22, the Minister of National Defence indicated to the House:
We will take a decision on deploying a missile defence shield odnce we have all ha a chance to discuss it with our colleagues in this House. That way all Canadians will understand the nature of our solution.
That statement is from Hansard of February 22.
What happened between February 22 and February 24?
The motion regarding the address in reply to the Speech from the Throne is no ordinary motion, and given the condition upon which it was adopted, I would argue that it adds more weight to this charge of contempt.
The throne speech is like a promissory note to Parliament. This House secured the survival of the government based on the commitments articulated in the amendment to the Speech from the Throne. However it has now become obvious that as soon as the government passed the critical point of its survival, its pledges were forgotten.
On November 21, 2001, the Speaker at that time delivered a ruling in regards to a complaint by the member for Surrey Central where he cited 16 examples where the government failed to comply with requirements concerning the tabling of certain information in Parliament. In all of the 16 cases raised on November 21, a reporting deadline was absent and as a result the Speaker could not find a prima facie question of privilege.
However the Speaker said in his ruling in Hansard :
Were there to be a deadline for tabling included in the legislation, I would not hesitate to find that a prima facie case of contempt does exist and I would invite the hon. member to move the usual motion.
The amendment to the throne speech clearly stated that Parliament would have the opportunity to consider all public information pertaining to the agreement and to vote prior, and I stress prior, to a decision. The amendment contained a conditional deadline that was tied into a decision of the government. The government ignored this time commitment and went ahead and made its decision without providing Parliament with information pertaining to the proposed missile defence agreement as required in the amendment adopted on October 18, 2004.
The Prime Minister forgets that all of the power he exercises outside of this House, including making the decision regarding Canada's participation in missile defence, are small matters compared to the commitments he made to this House because it is only with the confidence of the House that he can exercise power outside of the House. No one can be Prime Minister without confidence and no one can have confidence without integrity. It is not a lot to ask for this House to expect both from its Prime Minister.
A few weeks ago I was on my feet making the same charge against two of the Prime Minister's ministers with respect to the defeat of Bill C-31 and Bill C-32. One of those ministers, the Minister of Foreign Affairs, is again at the centre of today's question of privilege.
We have noted that you have yet to rule on the Bill C-31 and Bill C-32 question of privilege but, as you will recall, I summarized a list of contemptuous acts the Liberal government had committed that related to the government's dismissive view of the role of Parliament.
In the Bill C-31 and Bill C-32 case, the trade minister shrugged off a defeat of the two bills that would have created a new international trade department separate from the Department of Foreign Affairs saying that the two branches of government would continue to operate independently without Parliament's blessing.
Instead of re-arguing the points I made during the Bill C-31 and Bill C-32 question of privilege, Mr. Speaker, I would ask that you apply them to the argument that I am making today in considering your rulings on both these matters.
If you rule this is indeed a prima facie case of privilege, I am prepared to move the appropriate motion.