Mr. Speaker, I am rising to provide further details in response to the question of privilege raised by the member for Scarborough Southwest, who alleges that his privileges have been breached since he was unable to meet with public service officials during the last election campaign.
While I cannot comment on the specific details the member identified, as these circumstances took place under the previous government, I am able to confirm that the Privy Council Office does not have a policy that prohibits public servants from being in contact with members of Parliament during an election. While the PCO provides guidance to departments on appropriate activities during an election, such as limitations on government decisions and announcements and restrictions on the political activities of public servants, there is no policy that states public servants cannot speak to MPs.
With respect to the question of privilege, my understanding is that the member for Scarborough Southwest is arguing that his inability to meet with these public servants prevented him from carrying out his duties as a member of Parliament. However, this raises a grey area which the Speaker could advise on, as the events the member refers to occurred when Parliament was dissolved.
For example, it could be argued that in Canada's system of government, a member of Parliament is a member of a particular Parliament. When a particular Parliament is dissolved, that Parliament is terminated and no longer exists, and there is no Parliament of which to be a member. Accordingly, it could be argued that the member for Scarborough Southwest, who is currently a member of Canada's 39th Parliament, was previously a member of Canada's 38th Parliament until that Parliament was dissolved on November 29, 2005.
It can also be argued that this constitutional principle--that during dissolution there is no Parliament and hence an MP ceases to be a member of Parliament following dissolution--is recognized in section 69 of the Parliament of Canada Act, which states that members of the House of Commons at dissolution are deemed to continue to be MPs for the purposes of the payment of their salaries until the next general election.
If MPs legally remained members of Parliament during a dissolution, there would not be a need for this provision of the act. However, that is not to say that for practical purposes members of Parliament do not continue to have constituency duties to assist constituents with respect to government services.
The dissolution of Parliament also meant that all business of the House of Commons, including its committees, had been terminated.
While I understand that the member for Scarborough Southwest continued to have an interest in the work that the Subcommittee on Public Safety and National Security had been conducting before dissolution, it is clear that the subcommittee no longer existed and that its review of the Anti-terrorism Act was terminated.
Because these alleged events took place while Parliament was dissolved, it is clear that the member's privileges could not have been infringed upon. Marleau and Montpetit, at page 51, state:
The House has the authority to invoke privilege where its ability has been obstructed in the execution of its functions or where Members have been obstructed in the performance of their duties.
It is also stated at page 52 that:
--individual Members can only claim privilege insofar as any denial of their rights, or threat made to them, would impede the functioning of the House. In addition, individual Members cannot claim privilege or immunity on matters that are unrelated to their functions in the House.
Given that at the time these alleged events took place the member for Scarborough Southwest did not have any parliamentary duties, it is my submission that the member's privileges could not have been breached.
That said, I would like to take this occasion to advise the House that this government is committed to taking an open and constructive approach with all parliamentarians. We will be responsive to requests from parliamentarians for ongoing information and briefings.