Mr. Speaker, there are a couple of points I would like to make in concluding this second hour of debate.
I appreciate some of the comments I heard from the other side, I believe referring to the bill as virtuous, which I suppose is good news, but at the same time questioning some of the motivations behind it. I am not going to respond to those. I am just happy to have support for this bill.
There are some amendments to this bill that I believe are necessary, which I referenced in the first hour of debate. As one hon. member noted, in the original draft of the bill I did suggest in drafting it that the penalties be invoked for any crime where the maximum penalty is two or more years. Upon reflection and consultation, as I stated some weeks ago, I felt that the threshold should be increased to five-year indictable crimes, elevating it to charges that would include, for example, breach of trust, theft, serious charges, because the consequences are serious for members of Parliament.
As well, this bill as drafted is very much in line with the law that exists currently in Nova Scotia. My bill was tabled on June 3, 2013, and would apply to any convictions after that date if it is passed here and in the other place, and ultimately receives royal assent. However, should it be successful and move on to committee, here is really the test that committee members should consider when weighing the merits of this bill. It is what I call the Lavigne test case. Senator Lavigne was convicted of fraud and breach of trust, yet he resigned from his position as a senator before he could be ejected, thereby keeping his parliamentary pension.
He was convicted of these crimes, which, as I said, have a threshold. The maximum is five or more years. However, he was only sentenced to six months. That really is the type of scoundrel we are trying to capture with this legislation: individuals who are convicted of serious crimes. It should not matter the amount of time spent in prison, but rather the crimes that people are convicted of in a court of law. That is the request I put to the committee for consideration as they look at possible amendments to this bill, beyond the ones I am suggesting. How would it work in practice with respect to an individual who has already gone through it? How do we ensure, going forward, that we do not see that kind of abuse again? I remember when Senator Lavigne was able to resign and keep his pension.
On that note, I will highlight what the law currently states. Currently, on the books for both the House of Commons and the other place, the Senate, if a member is convicted of a serious crime, he or she is to be evicted, and when that happens, that member loses his or her pension. The loophole, the out, is that he or she can resign before being ejected and in doing so can hold onto his or her pension. I believe we should close that loophole. If a member of either House is found to be guilty, their pension should be revoked automatically and that loophole should not exist.
I look forward to the committee's review and recommendations if we are successful going forward, as well as further consultation on this bill.