Mr. Speaker, I am rising on a point of order in relation to the third report of the Standing Committee on Government Operations and Estimates tabled this morning during routine proceedings on the basis that the matter reported to the House is beyond the mandate of the committee and this report, therefore, should not be admissible.
Standing Orders 108.(1) and 108.(2) lay out the powers of standing committees, the power to create subcommittees, and the additional powers of standing committees. In looking at this, it would appear that there are no general powers of standing committees that would relate to this.
This matter relates to, and I would read from the report:
--a study of the claim that the Member from Scarborough—Rouge River was actively lobbying the Government of Canada,...while sitting as a current Member of Parliament;--
This matter came before the government operations committee. The member for Scarborough—Rouge River and the member for Scarborough—Guildwood appeared at the committee as signed-in members of the committee to deal with this claim and this study that was being proposed. Their arguments why the study was beyond the mandate of the committee are laid out in that meeting.
I would also report that the clerk of the Standing Committee on Government Operations and Estimates also advised the committee that the matter was beyond the mandate of the committee, as laid out in Standing Order 108.(3)(c).
I have taken the opportunity to look down and also check, yet again, and can see absolutely no authority whatsoever for this committee to be reviewing the ethical conduct or conflict of interest of a member of Parliament.
Mr. Speaker, I would refer you to Standing Order 108.(3)(a)(viii), regarding the specific or the extra authorities of the Standing Committee on Procedure and House Affairs, which reads:
--the review of and report on all matters relating to the Conflict of Interest Code for Members of the House of Commons.
This committee, it would appear, has the authority to look into any claims related to the Conflict of Interest Code or conduct of members of Parliament, which as you know has happened from time to time.
I understand and I was advised by the member for Scarborough—Rouge River that he had submitted a supplementary or dissenting report, as authorized by the committee, with regard to this third report. It was forwarded to the clerk of the committee in advance of the deadline time and that it was in the proper form authorized by the committee. I note that the particular supplementary or dissenting opinion, and I do not know what it was called because it is not here and it is a secret until tabled, has more information there, I am sure, with regard to what has been reported to the House.
I would also point out that matters dealing with the Lobbying Act and whether there are any breaches there of someone lobbying and not being registered, et cetera, are matters which actually could come under the Standing Committee on Access to Information, Privacy and Ethics. I would note in the Standing Orders that the Commissioner of Lobbying and the Lobbying Act have not been included in the committee's mandate although they were amended in the accountability act. The Standing Orders have yet to be updated.
As well, I would submit that not only is this report inadmissible and incomplete without the dissenting opinion, but the subject matter from which this matter flows, which is the study of the claim that the member for Scarborough—Rouge River was actively lobbying the Government of Canada while sitting as a current member of Parliament, is in fact out of order in that committee.
I submit that this particular study and any activities related to this claim and this matter should cease in that committee as soon as possible. If someone cares to make a claim, I submit that it should be referred either to the Standing Committee on Procedure and House Affairs, or more appropriately, to the Conflict of Interest and Ethics Commissioner for appropriate review.
I find it very disturbing and distressing that this has transpired, notwithstanding all the clear evidence that this matter, which is being handled by the Standing Committee on Government Operations and Estimates, is not within its mandate and should never have been approved or undertaken by the committee.