Mr. Speaker, the Speaker had the benefit of very thorough submissions on this question of privilege yesterday and reached a decision based on them. I want to thank the Speaker for that decision and for doing so on a prompt basis.
I want to restate clearly the government's position. From the outset, I will indicate that the government is of the position that it will support the motion. In particular, we will support the amendment, which as the hon. member for Toronto—Danforth has observed, reflects the contents of the proposed motion that we wished to advance, setting out in detail some of the questions that had to be looked into by the committee on procedure and House affairs, should this be dealt with.
We had extensive submissions yesterday. They were all in a similar direction, that this is a question for the House and that it is appropriate. However, in restating the government's position, I do want to make clear from the outset what our view is and has been.
Section 443 of the Elections Act is the one that is significant. That is the section of the act that contemplates a member being expelled. While there are other convictions, it is that section that does that. There was a conviction under that particular section and I think that is what gave rise to the Speaker's prima facie finding of privilege and the question that must be dealt with here in the House.
Of course there is the other question, which is: should appeals be pursued, how does one assure natural justice? The structure we had proposed, which I think is by and large maintained by the motion from the official opposition, is that a suspension in response to the initial finding of the court is appropriate and that a decision on expulsion, finally giving full effect to what the statute contemplates, should await such time as the legal avenues available to the member are exhausted. That is the structure we had proposed and it is essentially the same structure proposed here.
First is a suspension without pay until a final determination or all appeals are exhausted. Then finally, at that point in time, the procedure and House affairs committee can make recommendations to the House on expulsion, but also on a raft of other detailed issues.
We saw this with matters elsewhere that the easy answer, quickly, sometimes leaves out many details that are important and loose ends that need to be tied down. For the benefit of everyone, we want to have some confidence that this can be done. Hence, the other aspects that were put forward in the amendment, which we will happily support.
It is in the interest of the House to reach a timely decision. In moving the motion, obviously the opposition House leader wanted the House to act quickly. I do hope they will permit the House to act quickly and make a determination on this matter. I simply say that in passing.
There have already been some important questions raised by members. In particular, the member for Dufferin—Caledon raised a number of important questions. First, he believes the hon. member should be afforded an opportunity, since it is his future being discussed, to respond to this issue and to have his say before those who are judging him. That is, of course, a fundamental principle of natural justice. It is the principle of audi alteram partem.
The House is now seized of this matter. That is not a surprise. It was raised yesterday. Everyone knew there was the likelihood of a decision very quickly. In fact, it was raised in the first instance on Friday and both the opposition House leader and I spoke to it at that time.
If the hon. member desired to exercise his right to speak to this motion he could do so right now in the House. The Speaker would be required to recognize him and give him the opportunity to be heard here. Therefore, that opportunity is afforded to him and in that sense, natural justice is provided.
However, there is a further safety valve available to assure natural justice if people do not think that is sufficient. It is one I referred to yesterday in my submissions. The committee will have an opportunity to deal with these matters, including expulsion and other related matters, and the member will have an opportunity to address those at that time.
The committee will be seized. It will have the full ambit and could potentially recommend to the House that it reconsider its decision because of subsequent judicial matters. For example, if he is fully cleared by the courts on an appeal it could say that he should be restored as a member and no longer suspended. That could be one end of the spectrum, or it could move to the other end of the spectrum and say all appeals have been exhausted, and so on, and now is the appropriate time to expel. Only then, I hope, would it act to do so. However, there will be an opportunity for the hon. member to appear there as a witness and have his case heard.
Therefore, I think we can be confident that the principle of natural justice that people seek to see maintained here, which is a good one, is available both now and ultimately at committee.
The one thing I would also add, and this is something that is not expressed in the motion but certainly one that I hope is implicit in the amendment, is that at such time as that eventuality arises, that all legal dispositions have been played out, I would hope that whatever direction is appropriate from the committee, it would come quickly so that there is nothing left in abeyance, either should he be successful on appeals and so on, that he be restored quickly, or should those avenues of appeal be exhausted, that at that time the recommendations come to the House quickly to deal with the future membership of the member in the House.
With that, and to encourage all members to let this debate come to an end quickly so that the House can vote on the motion, I will complete my comments.