Mr. Speaker, the member made some very good points, particularly with regard to the representations made by Mr. Walsh to the committee.
I had the opportunity to work with Mr. Walsh on the government operations and estimates committee when we were dealing with the Privacy Commissioner, Mr. Radwanski. Under our rules and the way matters work, we must seek some advice on how to do these things properly lest we make a mistake that could frustrate the intent of Parliament.
Mr. Walsh came to committee and with the full consultation of his legal team brought these two clauses forward and convinced the committee to accept and adopt their inclusion. I am not sure whether or not the government at the time made any argument whatsoever opposing the adoption of Mr. Walsh's recommendations.
I am a bit concerned about the phrase “that the judge shall consider the committee's report”. I am not sure whether or not we have a problem with the independence of the judiciary. We do have an opportunity to amend any report stage motion, and we could delete subsection 4 if it is the offending provision and salvage the rest of it. If that is the case, maybe other members who wish to speak to Group No. 1 may want to consider that amendment to make the retention of sections 41.4 and 41.5 more palatable to the whole House.
I would ask the member whether or not that is a problem for her or whether she is just prepared to vote against Motion No. 9?