I am now prepared to rule on the question of privilege raised on March 31, 2014, by the hon. member for Victoria regarding statements made in the House by the Minister of State for Finance during debate on an official opposition motion on December 9, 2013, regarding the New Democratic Party's proposal to phase in increases to basic pension benefits under the Canada and Quebec pension plans.
I would like to thank the hon. member for Victoria for having raised this matter, as well as the Parliamentary Secretary to the Leader of the Government in the House of Commons, the House Leader of the Official Opposition and the hon. member for Winnipeg North for their comments.
In presenting his case, the member for Victoria claimed that documents recently obtained through an access to information request had revealed that the Minister of State for Finance had deliberately and repeatedly misled the House by providing misleading numbers and deliberately drawing false conclusions with respect to his party's plan for CPP reform.
The Minister of State for Finance, he suggested, had knowingly cited information about potential job losses from a Department of Finance study, which he linked to the NDP's plan for pension reform, even though the study itself did not do so and even though the Finance study was based on a different basic assumption than that of the NDP plan.
As a result, the member for Victoria concluded that the three conditions for establishing a case of contempt for misleading the House had been met, since the minister of state's statements were misleading, he knew when he made the statements that they were incorrect and, finally, that he had intended to mislead the House.
The Parliamentary Secretary to the Leader of the Government in the House of Commons argued that, given the existence of many studies by many organizations on this matter, with the Minister of State for Finance having used numbers prepared by the Department of Finance, the conclusions to be drawn are bound to vary. He also stated that:
The hon. member for Victoria was at pains to point out that the finance department's analysis covered a one-year implementation window, not his seven-year phase-in period. In fact, the Department of Finance uses one year as a simplifying assumption adopted to compare the economic impact of various CPP expansion proposals.
Thus, he felt that this was nothing more than a matter of debate and perspective.
At page 145 of House of Commons Procedure and Practice, second edition, it is stated:
If the question of privilege involves a disagreement between two (or more) Members as to facts, the Speaker typically rules that such a dispute does not prevent Members from fulfilling their parliamentary functions nor does such a disagreement breach the collective privileges of the House.
The member for Victoria was clear that this was not a matter of whether the studies in question are accurate, but whether the minister of state misrepresented the studies he cited. In fact, he spoke to the importance of accuracy of information brought forward in the House when he stated:
Mr. Speaker, members need to be certain that they are receiving the information they need to adequately represent voters, and they must be able to have confidence in the information provided, especially when it is provided by ministers and ministers of state.
As has been suggested, the information shared in this House does hold extraordinary value as it forms the basis upon which decisions are made in the House. As Speaker Milliken reminded the House on December 6, 2004, on page 2319 of the Debates:
Disagreements about facts and how the facts should be interpreted form the basis of debate in this place.
It is not surprising, then, that the threshold in determining that a member has deliberately misled the House is purposely high. The member for Victoria referred to the three-part test, which I most recently reiterated on March 3, 2014, at page 3430 of the Debates:
...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.
He then argued that the situation at issue fulfills the three conditions that must be met in order for the Chair to find that there is appearance of contempt for deliberately misleading the House.
The Chair has thoroughly reviewed the relevant information provided with this in mind, and it is clear to me that there is no parallel to be drawn between the present case and the cases from February 1, 2002, and March 3, 2014, as has been suggested, nor has the three-part test been met.
Instead, the Chair has before it two interpretations of the issue. On the one hand, the member for Victoria has explained that he believes the statements of the Minister of State for Finance are deliberately misleading because the minister improperly claimed that a Department of Finance study referred to potential job losses due to the NDP pension reform proposal. On the other hand, the parliamentary secretary rejects that characterization, arguing that the minister believes he is justified in linking the finance department report and the NDP pension proposal. Thus, I can only conclude that the Chair is confronted with a matter of debate and a dispute as to the facts in this case.
It should be noted that in my ruling of March 3, 2014, I reminded the House of Speaker Parent’s ruling on October 19, 2000, at page 9247 of the Debates, which states:
Only on the strongest and clearest evidence can the House or the Speaker take steps to deal with cases of attempts to mislead members.
For all these reasons, I cannot conclude that this qualifies as a prima facie question of privilege. I thank hon. members for their attention.