Mr. Speaker, I rise today on a question of privilege pursuant to section 48(1) of the Standing Orders that govern this House. It has been demonstrated that the Minister of Human Resources and Skills Development deliberately misled the House of Commons. Given the seriousness of the matter, it is my duty as a member of Parliament to bring this question to the attention of the Chair of the House of Commons.
Members of the House are all well aware of the rights and immunities afforded to parliamentarians so that they may carry out their duties as members of Parliament. However, for the sake of clarity, let me remind my colleagues that on page 75 of Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament, parliamentary privilege is defined as “the sum of the peculiar rights enjoyed by each House collectively...and by Members of each House individually, without which they could not discharge their functions”.
Mr. Speaker, let me take a moment to provide the House with an account of what has taken place to this point. In hearing my remarks, I will ask you to find that the grounds exist that this is a prima facie case of privilege and that this case may be referred to the appropriate committee.
Three weeks ago, the official opposition learned that Service Canada investigators were being imposed upon to find reductions in EI benefits through the seeking of quotas. Each investigator was being asked by the minister to meet a quota of almost $500,000 per employee per year.
On February 1, 2013, during question period, the member for Hochelaga asked the Minister of Human Resources and Skills Development to explain the existence of these troubling quotas. In response to these questions, the minister flatly denied that quotas even existed. She said that “there are no individual quotas for employees of HRSDC who are looking at EI”. I quote again: “Departmental employees do not have individual quotas”.
Whether the minister calls these quotas, objectives or targets, the truth remains the truth.
Quebec newspaper Le Devoir revealed today that according to a new document it has obtained, every HRSDC investigator has an EI benefit quota to meet, even though the minister has denied that any such quota exists. Whether the minister calls them quotas, objectives or targets, the truth remains the truth.
The document in question is a performance and learning agreement. It sets out the criteria for evaluating the investigators' performance. One criterion is that each employee must make an average of $500,000 in savings a year. The savings here refer to benefits that are recovered or not paid to the workers who need them most.
Mr. Speaker, if you will allow me, I would like to quote the 22nd edition of Erskine May, which states the following on page 63: “[I]t is of paramount importance that ministers give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity”.
Erskine May further states, on page 111: “The Commons may treat the making of a deliberately misleading statement as contempt”.
I would also like to quote the House of Commons Procedure and Practice, second edition, on page 115, which states that:
Misleading a Minister or a Member has also been considered a form of obstruction and thus a prima facie breach of privilege. For example, on December 6, 1978, in finding that a prima facie contempt of the House existed, Speaker Jerome ruled that a government official, by deliberately misleading a Minister, had impeded the Member in the performance of his duties and consequently obstructed the House itself.
Mr. Speaker, more recently, on May 7, 2012, you stated the following regarding a similar question of privilege raised by the member for Toronto Centre, and I will quote:
It has become accepted practice in this House that the following elements have to be established when it is alleged that a member is in contempt for deliberately misleading the House: one, it must be proven that the statement was misleading; two, it must be established that the member making the statement knew at the time that the statement was incorrect; and three, that in making the statement, the member intended to mislead the House.
I believe that the present situation meets those three criteria and represents clear contempt of the House.
The Minister of Human Resources and Skills Development clearly made false statements in the House in response to questions asked on February 1, 2013.
Since she is fully responsible for her department, the minister should be aware of the performance criteria used to evaluate Service Canada investigators and should therefore know that they have quotas to reduce EI benefits.
By denying the truth in the House of Commons, the minister wilfully misled members of the official opposition and the House.
I am confident that all members of the House will agree that it is an important and serious offence to mislead one's colleagues, and in particular, that this offence was caused by a minister. Misleading the House is a very serious breach of the rules governing our democracy and this institution.
I would urge you, Mr. Speaker, to consider these facts and issues, and if you find a prima facie case of contempt of Parliament, I am prepared to move the appropriate motion to have this case referred to the Standing Committee on Procedure and House Affairs.