I am now prepared to rule on the question of privilege raised on March 1, 2011 by the hon. member for Windsor—Tecumseh concerning the premature disclosure of information contained in the main estimates for 2011-2012.
I would like to thank the hon. member for Windsor—Tecumseh for having raised this matter, and the President of the Treasury Board and Minister for the Asia-Pacific Gateway, the Parliamentary Secretary to the Leader of the Government in the House of Commons and the members for Winnipeg North, Hochelaga and Mississauga South for their submissions.
In presenting his case, the member for Windsor—Tecumseh pointed out that specific information about the main estimates was published in a newspaper article, as well as in a web blog and Twitter postings by QMI reporter David Akin. It was clear, he stated, that Mr. Akin had had some knowledge of the contents of the main estimates before they were tabled in the House on March 1, 2011.
The member argued that the Speaker had ruled on a number of occasions that the House had an absolute right to expect the government to provide information, whether on a bill or on the estimates, to the House before it was disclosed elsewhere. For him, it was a matter of being able to respond, as a member of Parliament, to enquiries in a meaningful and intelligent way.
In his response, the President of the Treasury Board admitted that the untimely release of the material in question was improper and not in keeping with past procedures and practices of this House. Furthermore, he committed to taking steps to prevent it from happening again. The minister went on to cite House of Commons Procedure and Practice, second edition, at page 894, thus quite rightly pointing out that, in the past, similar matters, namely of budget secrecy, have been treated more as matters of parliamentary convention rather than matters of privilege.
The member for Windsor—Tecumseh is certainly not misguided in his expectation that members of the House, individually and collectively, must receive from the government particular types of information required for the fulfillment of their parliamentary duties before it is shared elsewhere. However, in such instances when there is a transgression of this well-established practice, the Chair must ascertain whether, as a result, the member was impeded in the performance of parliamentary duties.
While in the matter before us there may be a legitimate grievance, as admitted even by the President of the Treasury Board, there has been no specific evidence to suggest that any member was impeded in the performance of his or her parliamentary duties, and thus there can be no finding of prima facie privilege. Further, the minister has recognized the seriousness of this matter and given his assurance that measures will be in place to prevent a recurrence.
Consistent with the manner in which incidents of this kind have been viewed by my predecessors in the past, and given the prompt assurances provided to this House by the President of the Treasury Board, the Chair is satisfied that appropriate steps will be taken. In the circumstances, therefore, I will consider the matter closed.
I thank the House for its attention on this matter.