Mr. Speaker, I should say the member for Winnipeg Centre. I stand corrected.
I had the pleasure of speaking on that bill, and I found that it was a fascinating bill because it would have addressed the changes required to the access to information regime in a very specific way. What it did was call for the changes that the government had suggested when it was seeking a mandate from the Canadian public. The wisdom of the bill was to limit itself to just those changes that the government said were required to fix the act. Only one of six was implemented, as I recall.
This bill before us today would do a couple of things. First, it would require the minutes of the meetings of the Board of Internal Economy to be opened by default. That is an interesting concept. Interestingly, though, retired clerk Mr. Rob Walsh says that it is entirely unnecessary. There was no need for a bill to address that because it can be done, as in all committees, by making its procedures open if it wishes to do so. The second amendment was to change the purpose clause of the Access to Information Act, something that I note the commissioner herself thought was unwise.
I commend to the House Professor Sean Holman, a professor at Mount Royal University in Calgary, who wrote an article about the so-called transparency act before us. Its title is revealing. It is “Are the Liberals Fooling Everyone Again?” That says quite a bit about this issue. It has, as he says, some laudable ideas, but when pressed about the concept that somehow government information would be “open by default”, which the hon. member for Papineau referred to in his remarks, Professor Holman said that the member for Bonavista—Gander—Grand Falls—Windsor said that people would still have to file access to information requests to get government records. That does not suggest that big a change.
The notion that the government would be required to provide detailed rather than brief explanations on why it was opposed to the disclosure of information would, in my judgment, would simply be a speed bump along the way to withholding information. Frankly, it would just require people to push a computer button and have the regular bumf as to why this particular exception does not work.
The real guts of what is required is to fix the exemptions in the statute, which are outrageously out of date in the context of our 21st century economy. This came in before we even had computers. The exemption is where the action is. This bill is entirely silent on it. I commend to the House the excellent recommendations found in the long-awaited report by the Information Commissioner today, which will show us the road map to really provide open government in Canada. It is not this bill, I am afraid to say. Though laudable in some respects, it does not even go a tiny distance to doing what is required, which is the root-and-branch work, the hard work that she has suggested needs to be done in her report.
With that said, I do not wish to suggest that there are not some things that are important. The thing that this bill would do, which I commend, is what my hon. friend from Winnipeg tried to do with his bill, giving a power that every commissioner across the country has, which is to order disclosure and make binding orders on the government. That is something that has been sought for decades.
The Access to Information Act, after all, is three decades old. It has never had the ability to enable the commissioner to do anything more than simply recommend disclosure. It is full of sound and fury, signifying nothing, whereas in the provinces an order by the information commissioner is binding on the government, subject only to judicial review. That is the law. One shall disclose what the commissioner orders.
Finally, the bill, and I give credit where credit is due, would do that. It is a long-standing policy of the NDP and something which most critics have said is needed, and I commend the member for Papineau for doing that. It would also require a legislative review, which of course we think is eclipsed by the excellent work on the commissioner's part today.
In conclusion, I do not know whether amending the Parliament of Canada Act with respect to the Board of Internal Economy's disclosure provisions is necessary. The retired clerk says no, but why not? It is okay. The order-making power is good, absolutely. As to changing the purpose clause, the commissioner does not think that is a good idea and neither do I in particular, but the idea of ordering disclosure is a long-overdue improvement to the legislation.
Would that the bill went far enough to give Canada the open government that the government of the day here has promised us and which it has failed to deliver on ever since the so-called and much lamented Accountability Act was first brought forward.