Mr. Speaker, further to the interventions made on Friday, February 18, by members from all sides of the House and further to the intervention made by the member for Guelph earlier today, I would like to provide information that might be of further use to you in considering the alleged matter of privilege raised by the member for Scarborough—Guildwood.
With regard to the departmental document in question, as I pointed out to you the last time the House met, the CIDA document was sent to the Minister of International Cooperation by public servants who were seeking a decision from her.
The member for Ottawa Centre and the member for Scarborough—Rouge River, in their interventions last Friday, argued that this was a formal contract. As you well know, Mr. Speaker, an internal departmental document is not a contract requiring the parties, in this case the minister and her department, to agree. This document included a departmental analysis and a departmental recommendation. Public servants sent this departmental document to the minister so that she could review their analysis and make a decision. The departmental document then quite properly served a role to convey the minister's decision back to her officials so that they could implement the decision.
Across government, hundreds of these internal departmental documents cross ministers' desks every day. As members from all sides of the House would know, especially members from the Liberal Party who have served in government, this is how many elected officials transmit their decisions to the public service in our system of government. Indeed, the president of CIDA, a non-partisan public servant, who is the equivalent of a deputy minister, made this clear when she testified before the House of Commons Standing Committee on Foreign Affairs and International Development on December 9:
Yes, I think as the minister said, the agency did recommend the project to the minister. She has indicated that. But it was her decision, after due consideration, to not accept the department's advice.
This is quite normal, and I certainly was aware of her decision. The inclusion of the word “not” is just a simple reflection of what her decision was, and she has been clear. So that's quite normal.
I think we have changed the format for these memos so the minister has a much clearer place to put where she doesn't want to accept the advice, which is her prerogative.
Let me reiterate: “—it was her decision”, referring to the minister, “to not accept the department's advice. This is quite normal.... The inclusion of the word 'not' is just a simple reflection of what her decision was”.
That is direct testimony by the president of CIDA before the standing committee.
It is clear that the deputy minister understood the direction by the minister and how it was being transmitted to her. She even acknowledged in her response that the format in which the departmental document was drafted was confusing and that the department's internal practices have been revised to provide the minister with a clear and direct way in which to approve or not approve advice given, which, in the words of the deputy minister, “is her prerogative”.
The Minister of International Cooperation was the only person with the authority to make a decision regarding this application for funding. In this case, the minister's decision was to reject the recommendation provided to her and to direct that CIDA not provide funding to KAIROS. The minister had reviewed the departmental document and made her decision not to approve the funding application. She also told the committee that she did not know who did it, but told the House that the word was inserted on her instructions. Again, as I pointed out last Friday, these are not contradictory statements.
On all the evidence before the House, it must be concluded that both statements are true. Once again, the member asking the question failed to pursue the inquiry.
Mr. Speaker, as I again pointed out last Friday, in their interventions in this place, no information has been presented by the members across the aisle that would establish how the minister could have intended, intentionally or unintentionally, to mislead these officials. As such, I believe there is no prima facie case of privilege before you.
For this funding request, there was only one possible decision-maker: the Minister of International Cooperation. Once she made a decision, it became CIDA's decision. Decisions of cabinet and decisions of ministers are decisions of the government. Decisions of ministers are the decisions of the departments they lead.
As I pointed out in my submission last Friday,
CIDA encompasses both officials and the minister responsible for CIDA.
Ultimately, while decisions are communicated on behalf of a department, it is the minister who is accountable for the decision, as she pointed out 11 times in her testimony to the Standing Committee on Foreign Affairs and International Development on December 9, 2010.
In conclusion, the minister has been clear that the department recommended providing funding to KAIROS. That is unquestionable; but she has also been clear that it was her decision alone not to provide funding to KAIROS. She has been clear that she provided the direction to her office to communicate her decision to the department.
As I also pointed out last Friday, the members opposite have raised several points but have not provided proof of a prima facie case that the House's privileges have been breached. The Minister of International Cooperation has indicated that the way in which she handled this matter was unfortunate, and that she had provided a lack of clarity about how paperwork was handled. She has apologized for this lack of clarity.
While a lack of clarity is, in the minister's own words, “unfortunate”, it is not a prima facie case of privilege. The facts do not support the allegations made against the Minister of International Cooperation by members of the opposition, and I do not believe there is a prima facie case of privilege before you, Mr. Speaker.
Mr. Speaker, thank you for the opportunity to provide some additional information and, again, we look forward to your early ruling.