Mr. Speaker, I will be splitting my time with the member for Mississauga--Brampton South.
I am sure I will not be the last member to speak on some concerns that many Canadians have with this bill in regard to access to information. There are just too many gaping holes that suggest real transparency may be nothing but lip service from the government, as it is with so many aspects of accountability as well.
On April 11, the justice department released a discussion paper which suggested even further expanding the government's secrecy powers. This would essentially make everything outside of administration immune to access to information requests for some institutions.
We could debate the pros and cons of secrecy post-9/11 for such institutions that fit into the discussion paper's five broad categories, such as national security. The fact is that we have seen some roadblocks to accountability appear under the heading before. I am speaking of the problem of security certificates issued to a handful of Canadians with the reason and conditions of the incarceration, matters that could not be discussed or questioned in what one would call a meaningful dialogue or debate.
It could be argued that the whole issue compromises questions of what is considered a fair trial in a democracy. There is a case to be made for the fact that the democratic process requires more openness, that we do little to further the principles we hope to defend for all by denying them to even a few. I have not seen any real detailed information how what is determined national security will not compromise what an open democracy requires.
On the other hand, for other institutions such as the CBC, I also wonder how matters of secrecy that help determine freedom of press will be articulated. I am speaking of the importance of what is often called among journalists “protecting the source”. I do not see enough of real substance to affirm that the essential right of both journalists and the public will be affirmed.
If the justice department's recommendations are followed, the government will have sweeping powers to override the access act, so how is this any improvement on transparency and accountability? Moreover, the reforms mentioned in this discussion paper are modestly targeted at around $120 million. Canadians are not hearing these numbers. They have been led to believe this is all a very straightforward exercise and that ordinary taxpayers will just suddenly consent to the millions and millions of dollars thrown around to make the government appear more transparent.
There are seven crown corporations, including Canada Post, Via Rail and the Public Sector Pension Investment Board, that are covered under the access act, and for the price tag for reforms, how much further ahead are Canadians?
There are more questions about this act that come from the difference between rhetoric and reality. The rhetoric by the lobbyists is a case in point. We heard initially that this act would require ministers and senior government officials to record their contacts with lobbyists, the idea being that all lobbyists would then become a matter of public domain, but that is not really the case. The act requires some lobbyists to disclose some of their communications.
Beyond the argument of creating a culture of suspicion by assuming the worst for what I believe is an essential and honourable part of government relations, we are dealing with the fact that if a loophole is created, most certainly a culture is created exploiting those loopholes. Unless I am told otherwise, the business of government relations is also competitive. It is wonderful to market forces, as in any other industry, and those who can keep information privileged will prosper.
There is also a gaping hole in what is defined as a ministerial advisor, one who would be prohibited from lobbying for five years. The act defines this person as someone other than a public servant who occupies a position in the office of a minister of the Crown or a minister of state and who provides advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or a minister of state whether or not that advice is provided on a full time or part time basis, and whether or not the person is entitled to any compensation for this advice.
The larger, less prohibitive definition of ministerial staff is for those persons who work on behalf of a minister of the Crown or a minister of state. As the act defines it now, it rests on the minister or the former minister to define whether a person has crossed that critical Rubicon from staff to advisor. A simple letter stating that a person was not an advisor and outlining what his or her job description was as it was made known to the minister will suffice to get the person off the hook and into the lobbying business. This is clearly not good enough.
I think members can see how the whole culture of exploiting loopholes can be created. They entitle the policy advisors to simply take on the function of amending them and those who elude this definition may provide the real advice.
We are in the theatre of the absurd here where the crucial grey areas of counsel, the areas between partisan and non-partisan, become black and white, but black is really white and all can be fixed to avoid a five year ban with this letter from a minister or minister of state.
There is also a disparity between rhetoric and reality as it relates to the Ethics Commissioner's interface with the public. We heard initially that this act would allow members of the public, not just politicians, to make complaints to the Ethics Commissioner. As the act is written, only politicians can make complaints to the Ethics Commissioner.
Supposedly, there is a case happening right now in my riding where campaign donations are now a matter of an RCMP probe and there is some question as to how donation money ended up in the personal account of a previous member of Parliament. Many who donated never got a receipt. If I were just a voter and not a politician, why should I not be able to take this matter to the Ethics Commissioner myself? Why should I have to rely on a politician to be my voice when I have an articulate voice of my own on this issue and why should I not personally get an answer? How is this government any more responsive and accountable if it denies the right to everyone?
However, it is not only a question of how these watchdogs will divulge to the public how they reached their verdicts. The procurement auditor, the conflict of interest commissioner and the Ethics Commissioner will never have to divulge their backup investigation and audit work. I think an argument can be made that this information could be considered crucial to the decision. What are we left with if we cannot question their investigation and audits? We are left with nothing more than blind trust, no pun intended, but it gets worse on the audit front.
As for this version of the FAA, the government's own draft audits and working papers can be kept secret for 15 years. I do not think that requires much comment. Everyone knows the problem with that.
My last point on the rhetoric and reality relates to the public opinion poll research. We can all recall the televised episodes of the public accounts committee, the great theatre, about how there was talk of tabling certain forms and curbing competition. Information on public opinion poll research contracts with the government can be delayed for up to six months and certain polls would be exempt. Again we have the creation of a culture around the exploitation of loopholes. Six months can become a crucial period before an election, so I challenge the government to tell me how this can be imposed with any real rigour.
What we are really looking at here are some gaping holes that were decided upon through a star chamber process where exceptions and inconsistencies can be presumed as calculated circumstances.
As there has been so much around bureaucratic activity, transparency--