I am now prepared to rule on the question of privilege raised on May 31 by the hon. member for Lanark—Frontenac—Lennox and Addington concerning comments made by the hon. member for Ottawa Centre during question period that day about the proceedings of an in camera meeting of the Standing Committee on Procedure and House Affairs.
I would like to thank the hon. member for Lanark—Frontenac—Lennox and Addington for having raised this issue. I would also like to thank the hon. member for Ottawa Centre, the hon. House leader of the official opposition and the hon. House leader for the New Democratic Party for their contributions to the discussion.
In raising his question of privilege, the hon. member for Lanark—Frontenac—Lennox and Addington charged that in a preamble to a question posed to the chair of the Standing Committee on Procedure and House Affairs, the hon. member for Ottawa Centre had referred to events that had taken place in an in camera meeting of the committee held earlier that day.
The hon. member argued that because the meeting had been held in camera, he was unable to comment on the facts as presented by the hon. member for Ottawa Centre, which he found to be selective. He went on to claim that the divulging of the committee's proceedings violated the privileges of the entire committee and particularly the members of the Conservative Party.
In response to the hon. member’s charge, the hon. member for Ottawa Centre stated that his comments were factually accurate and were consistent with the rules of the House.
In his intervention, the hon. House leader of the official opposition supported the arguments of the hon. member who had raised the matter.
The hon. House leader for the New Democratic Party contributed to the discussion by pointing out that the hon. member for Ottawa Centre had only spoken to the processes and workings of the committee. He had not identified specific members, nor had he divulged the particulars of the debate or the substance of the motion being considered by the committee.
Following these interventions, I indicated to the House that I had found the question to be in order in that it dealt with future meetings of the committee. I undertook, however, to review the remarks made by the hon. member in his preamble and to return to the House.
As all hon. members know, questions seeking information about the schedule and the agenda of committees may be directed at chairs of committees during question period. This is clearly stated in House of Commons Procedure and Practice at page 429. I reviewed the Debates for that day and it is clear that the hon. member for Ottawa Centre asked a question about the scheduling of the next meeting of the Standing Committee on Procedure and House Affairs.
Given that questions of privilege have been raised on this kind of matter recently, I believe it would be helpful to all hon. members if I reviewed the procedures pertaining to the confidentiality of in camera committee meetings.
As mentioned on page 838 of Marleau and Montpetit, the Speaker has ruled in the past that divulging any part of the proceedings of an in camera committee meeting constitutes a prima facie matter of privilege. This statement is based on a ruling given by Speaker Fraser on May 14, 1987 at pages 6108-11 of the Debates .
The case in question involved the disclosure by a member of the results of a recorded vote held in an in camera meeting of the Standing Committee on Aboriginal Affairs and Northern Development. The matter was found prima facie and referred to the Standing Committee on Elections, Privileges and Procedure.
In paragraph 8 of its seventh report on the question of privilege presented on December 18, 1987, the committee stated the following about in camera meetings:
An in camera meeting is one which occurs behind closed doors. It is a confidential meeting in that the public is excluded. Your committee firmly believes in the value and importance of in camera meetings to committees of the House. While committees often meet in public session, there is no doubt they must retain the option of meeting behind closed doors, deliberately excluding the public and the media. In camera meetings are often essential in the preparation of committee reports and in the hearing of sensitive testimony. This practice allows committees a measure of independence and enhances the collegiality of members, something which is necessary to effective committee work. The success of in camera meetings depends upon their privacy; their confidentiality must be respected by all involved. Without that respect, the work of all committees would be seriously imperilled to the detriment of the House and all Members.
The report goes on to state, in part, in paragraph 10:
When a committee chooses to meet in camera, all matters are confidential. Any departure from strict confidentiality should be by explicit committee decision which should deal with what matters may be published, in which form and by whom...Equally, committees should give careful consideration to the matters that should be dealt with in camera and matters that should be discussed in public.
If the Standing Committee on Procedure and House Affairs so wishes, it may consider whether this exchange in question period on May 31, 2005 constitutes a breach of its confidentiality and if so, report to the House. As I have clearly indicated in previous rulings, there has always been considerable reluctance on the part of the Chair to intervene in any matter which the committee itself ought to decide.
I thank all hon. members for their interventions on this very important matter.