The Chair is now prepared to make a statement regarding the question of privilege pertaining to documents on the treatment of Afghan detainees in response to interventions by the hon. member for St. John's East, the hon. government House leader, the hon. member for Wascana, the hon. member for Joliette, and the hon. member for Vancouver East.
As hon. members will recall, on April 27, 2010, the Chair provided the House with a detailed ruling on the questions of privilege raised concerning the Order of the House of December 10, 2009, pertaining to documents on the treatment of Afghan detainees. Having carefully considered all sides of this complex issue, I made the determination that there was, in fact, a prima facie question of privilege related to the failure of the government to produce the documents as required by the House Order.
However, rather than immediately proceeding to the next step for dealing with a question of privilege, as is normally the case, that is allowing a member to move a motion related to the matter, I opted to defer such action in favour of giving all parties two weeks to work together to reach a compromise.
On Tuesday, May 11, following a request from all parties, an extension to Friday, May 14 was granted.
On May 14, the Minister of Justice announced that an agreement in principle had been reached between the parties and proceeded to table the agreement. In doing so he stated:
All parties agree that the details of this proposal will be further outlined in a memorandum of understanding signed by all party leaders.
Mr. Speaker, I am prepared to table that, in both official languages, and indicate to you that it is the agreement between the members that the memorandum of understanding would be in place by May 31, 2010.
This can be found in Debates, p. 2848.
On May 31, the Minister of Justice again rose in the House, this time to indicate that more time was required to finalize the memorandum of understanding. No date was given for the completion of discussions or for the tabling of a signed final document.
On June 15, the government House leader made a statement indicating that the government, together with the official opposition and the Bloc Québécois, had arrived at an agreement. Yesterday, that agreement, duly signed by the Prime Minister, the Leader of the Opposition and the leader of the Bloc Québécois, was tabled in the House by the government House leader.
When, on April 27, 2010, the Chair enjoined the parties to find a solution to the impasse in which the House found itself at that time, I stated: “...the Chair believes that the House ought to make one further effort to arrive at an interest-based solution....”
Later, in the same ruling, I expressed my hope for a compromise which prompted me to grant members additional time in which to find a resolution to the imbroglio.
The memorandum of understanding tabled by the government House leader makes it apparent to the Chair that a resolution has indeed been found. A consensus has been reached between the government and two of the opposition parties. The Chair notes, in particular and most significantly, that the party whose motion gave rise to the House order of December 10, 2009, is a signatory to the agreement.
In considering this matter, the Chair has taken great care to assess whether the existence of this consensus satisfies the broad conditions that were imposed on the parties in the ruling of April 27.
I must stress that it is not for the Chair to examine the details of the agreement or to compare it to the agreement in principle tabled on May 14. I am responding to the interventions that have been made on behalf of an overwhelming majority of members who have stated that they are satisfied with the consensus agreement that has been tabled.
The Chair can only conclude, therefore, that the requirements of the ruling of April 27, 2010, have indeed been met and, accordingly, I will not call on the hon. member for St. John's East to move a motion at this time.
Instead, the Chair will allow time for the processes and mechanisms described in the agreement to be implemented. Should circumstances change, members will no doubt ensure that the Chair will again be seized of the matter, but for now I will consider the matter closed.
I wish to thank the parties for taking the time required to arrive at this understanding, which is in keeping with the best traditions of this place, and I thank the House for its attention.
I have another ruling.