I am now prepared to rule on the question of privilege raised by the hon. Parliamentary Secretary to the Minister of Social Development (Social Economy) concerning comments made by the hon. member for Portage—Lisgar during question period on Friday, May 20, comments that were critical of the former Chairman of Canada Post, the hon. André Ouellet, and the hon. Minister of Fisheries and Oceans.
I would like to thank the hon. member for raising this matter as well as the hon. President of the Treasury Board, the hon. Minister of Fisheries and Oceans, the hon. deputy House leader of the official opposition and the hon. member for Calgary--Nose Hill for their interventions.
During question period on May 20, the hon. member for Portage--Lisgar posed a question containing a comment about the former chairman of Canada Post who had appeared before the Standing Committee on Government Operations and Estimates on May 17.
Following a reply by the hon. Minister of Fisheries and Oceans, the member asked a supplementary question in which he stated in reference to the minister “every burglar needs a good inside man”. He continued on to accuse the minister of being “an accomplice in Mr. Ouellet's tax avoidance”.
Following question period, the hon. parliamentary secretary rose to express concern that the comments about Mr. Ouellet and the minister were unparliamentary and to ask that the hon. member withdraw them.
In his intervention, the hon. deputy House leader of the official opposition remarked that the hon. member for Portage--Lisgar had made similar sardonic comments about the former chairman of Canada Post outside the House and that it was “political language”.
The hon. President of the Treasury Board took issue with the comments, asserting that the member had accused the Minister of Fisheries and Oceans of complicity and fraud. The hon. member for Calgary--Nose Hill refuted this argument, stating that no accusations had been made. Finally, the Minister of Fisheries and Oceans also argued that the comments directed toward him were inappropriate.
The Deputy Speaker undertook to look at the blues and, if necessary, return to the House.
In my opinion, there are two issues that must be addressed here: inappropriate language referring to someone who is not a member of Parliament and inappropriate language about a member of Parliament.
As Marleau and Montpetit point out in House of Commons Procedure and Practice at page 524, there is a longstanding tradition in the House that hon. members should exercise great caution when they refer to individuals or groups, particularly when they are unable to defend themselves.
Historically, when a member has made a remark considered unparliamentary or inappropriate, the Speaker has asked the member to withdraw or rephrase. Over the course of this session, the Chair has been asked to rule a number of times on unparliamentary language. In particular, I refer hon. members to rulings on November 4, 2004, May 4, 2005 and, most recently, May 11, 2005.
First, I wish to deal with the comments made with respect to the former chairman of Canada Post. As stated in Marleau and Montpetit at pages 503 and 504:
One of the basic principles of parliamentary procedure is that proceedings in the House of Commons are conducted in terms of a free and civil discourse.
The Speaker has often reminded hon. members that freedom of speech is one of the most important privileges we enjoy. But with such an important right comes a duty to use it responsibly. While members have the right to exercise their freedom of speech, the Chair urged, as I did on May 11, to be moderate in the language they use, whether it be political or not, when referring to individuals who are not members of the House and who do not have the opportunity to defend themselves in this forum. As stated in Marleau and Montpetit at page 524:
--Members should avoid as much as possible mentioning by name people from outside the House who are unable to reply and defend themselves against innuendo.
The second issue arising from the hon. parliamentary secretary’s question of privilege concerns remarks that brought into question the integrity of the Minister of Fisheries and Oceans. As hon. members know, Standing Order 18 prohibits disrespectful or offensive language against a member of the House. As Marleau and Montpetit states at page 522:
Remarks directed specifically at another member which question that member's integrity, honesty or character are not in order. A member will be requested to withdraw offensive remarks, allegations, or accusations of impropriety directed towards another member.
One of the cornerstones of our parliamentary traditions has been respect for the integrity of all members. In recent weeks, the House has been under a magnifying glass, even more than usual, and judging from the correspondence received by the Speaker on the subject, the public does not condone disrespectful behaviour in its elected representatives.
In a ruling given on December 11, 1991, found at pages 6141 and 6142 of the Debates, Speaker Fraser urged members to respect the conventions and traditions of this place and to conduct themselves with the civility becoming the elected representatives of the Canadian people. He pointed out that unsubstantiated allegations can linger and have a suffocating effect on the fair exchange of ideas and points of views. Anything said in this place receives wide and instant dissemination, and leaves a lasting impression.
Speaker Fraser noted that while words may later be retracted, the inferences or offence the occasion caused may be withdrawn, denied, explained away or apologized for, the impression is not always as easily erased. He went on to state:
The Chair wishes to emphasize that a major element of this civilized conduct consist in refraining from personal attacks. There is good reason for this. First of all, in a general sense, respect for the person is the building block upon which our society is structured. Second, few things can more embitter the mood of the House than a series of personal attacks, for in their wake they leave a residue of animosity and unease.
As the Speaker noted in his ruling of November 4, 2004, partisan feelings can run high during question period and members quite enjoy exchanging barbs. And while all members enjoy the cut and thrust of question period, I would ask all hon. members to be judicious in their language and avoid personal attacks on other members, so that they do not bring themselves and the House into disrepute.
In the situation before me, while I cannot find that there is a prima facie question of privilege, I do believe that the comments made by the hon. member for Portage—Lisgar with respect to the Minister of Fisheries and Oceans went beyond the limits of what is permissible. I would ask, therefore, that the hon. member withdraw his remarks.