Mr. Speaker, I am very pleased to speak on this point today. I will be splitting my time with the hon. member for Eglinton—Lawrence.
I am speaking in support of this motion sponsored by my colleague, the member for Scarborough—Rouge River. This is a very important motion. As a matter of fact, it is fundamental to how we operate as members in the House of Commons.
There are several objectives in this motion.
First, it affirms the confidence of the House in the Conflict of Interest and Ethics Commissioner. I think that is fundamental to this motion. This in no way says that we disagree with the commissioner. As a matter of fact, I was very impressed with my colleague when he stood up to say that he did accept the ruling of the commissioner.
Second, it amends the Conflict of Interest Code for members of the House, which is an appendix to our Standing Orders. Our Standing Orders are basically the rule book under which this House and committees operate.
Third, it refers an inquiry report that concerns specifically my colleague, the member for West Nova, and which was tabled in the House on May 7, 2008, back to the Conflict of Interest and Ethics Commissioner for reconsideration in light of the amendment we are considering today.
Finally, the motion calls upon the House to reaffirm all of its well-established privileges and immunities, especially with regard to the freedom of speech. It is this privilege in particular, the freedom of speech, on which I want to concentrate my remarks today.
Parliamentary privilege is defined in the House of Commons Procedure and Practice on page 50. It states:
--the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfil their [parliamentary] functions. It also refers to the powers possessed by the House to protect itself, its Members, and its procedures from undue interference, so that it can effectively carry out its principal functions which are to inquire, to debate and to legislate.
These rights and immunities can be grouped into two categories, the first group being the rights of the House as a collectivity. The second group consists of the rights and immunities of individual members of the House.
With respect to the rights and immunities of individual members, the most important aspect of freedom of speech is in parliamentary proceedings. Quite frankly, without it, members would be unable to function in their parliamentary roles. These functions include debating issues and legislation as well as being able to ask questions: questions of the government, questions of other members, and questions of witnesses who appear before our communities.
Any form of interference or intimidation that impedes these privileges which allow the members of the House of Commons to fulfill their parliamentary functions must be dealt with immediately. I would like to remind members of the comments of Speaker Bosley on December 11, 1984, in a ruling concerning an alleged contempt of Parliament.
On page 1114 of the House of Commons Debates, and I know, Mr. Speaker, that you have probably read these many times, Speaker Bosley notes:
--the privilege of a Member of Parliament when speaking in the House or in a committee is absolute.
I underscore the word “absolute”. Of course, this important privilege, this absolute, carries with it great responsibility. As past Speakers have stated, members must use great care in exercising their right to speak freely, both in the House and in committee.
In the end, all members of the House are ultimately accountable to their constituents and may well pay a political price for abusing this privilege that is necessary in order that each of us individually, and all of us collectively, are able to carry out our parliamentary functions.
Why must our freedom of speech be free of intimidation or obstruction when we seek to debate issues and when we seek to legislate or inquire? Quite simply, to get to the truth and to better serve our constituents.
Our privileges are so fundamental that the Speaker, on behalf of all members, seeks these privileges at the beginning of each Parliament. Therefore, it is appropriate to deal with this motion today and to allow all members of the House to express their views on the motion before us.
In the end, a final decision as to whether or not the Standing Orders need to be amended belongs within the House as a whole. In the end, if modifications to the Conflict of Interest Code are required, that decision rests with this House as a whole.
True, the motion in the name of the member of Scarborough—Rouge River, if adopted, would amend the Conflict of Interest Code for members of the House of Commons. However, in her ruling concerning the member for West Nova, the Ethics Commissioner admits that the code could be adjusted.
Earlier today, the member for Dufferin—Caledon, as well as other Conservative members, suggested that any proposed amendment to the Standing Orders or to the Conflict of Interest Code should be done appropriately at the Standing Committee on Procedure and House Affairs. He suggested that there, and only there, was the proper place for such matters.
He blamed any logjam on the opposition. There is indeed a logjam, as this committee has been filibustered for seven months by government members to the point where it is now suspended without a chair because there is nobody from the government willing to stand up and have this committee go forward.
I believe the member for Dufferin—Caledon needs to be reminded that any proposed amendment to the Conflict of Interest Code or Standing Orders made by a standing committee such as the committee on procedure and House affairs must ultimately be ratified by this House as a whole.
The member also suggested that other avenues existed to make these proposed changes. Again, it is the House of Commons as a whole that has the final say on these matters, regardless of what avenue is chosen to pursue them.
Allowing all members to express themselves, it is appropriate that this motion be here today. This motion follows a ruling of the Conflict of Interest and Ethics Commissioner on May 7 with regard to the member forWest Nova. In order to not take up a lot of House time or to be repetitive, I would invite all members to actually read this report.
By concluding that being a defendant in a libel lawsuit constituted a private interest, the Ethics Commissioner's ruling prevents the member forWest Nova from speaking on certain matters, not to mention that this report purports to remove the right of the member for West Nova to vote on the Mulroney-Airbus matter.
This is indeed a very slippery slope. The effect of this ruling potentially validates and gives credibility to a libel claim of any person or corporation deciding to sue a member of this House, before there is any conclusion to the suit. This libel chill could ultimately be used to prevent members from speaking freely in the House or during its proceedings.
I want to remind all members that this does not just apply to my colleague, the member for West Nova. It applies to each and every one of us in this House as parliamentarians. The best way to describe the seriousness of this issue is to quote my colleague from Scarborough—Rouge River, when he stated on May 26, 2008:
Our free speech privilege is here. It is living. It is protected from the police. It is protected from the king. It is protected from the powerful. It is protected from the press. How could it be lost by the simple filing of a lawsuit at the hands of a single plaintiff who makes such an allegation?
To the credit of the Ethics Commissioner, she does state on page 20 of her May 7 report that the member for West Nova:
--expressed a concern that a Member's role not be lightly set aside and that recusals based on lawsuits against Members could create a chilling effect upon Members' ability to fulfil their public duties and functions.
She went on to say:
I agree that Members should not be precluded from participating in parliamentary votes and debates unless there is a serious justification for doing so.
In essence, the Ethics Commissioner did report the legitimate concerns of the member for West Nova. She also agreed about precluding a member from the House of Commons from participating in parliamentary votes and debates unless there is a serious justification for doing so.
In her final observation, she admitted that the code could be adjusted to except libel suits from the “ambit” of private interest.
The motion sponsored today by my colleague from Scarborough—Rouge River simply does what the commissioner suggested be done in her report, while at the same time expressing confidence in her as the commissioner. I am sure all members from all parties will be able to support this important non-partisan attempt to protect and reaffirm members' rights and privileges.