He did not need any of those things, Madam Speaker. He did not need a red carpet, as my colleague from Foothills just pointed out. As a matter of fact, I would suggest that he did not want it even when he needed it. That is a different approach.
I would argue that the Prime Minister's motorcade does not need to be out front where after a vote, 337 other members of Parliament and ministers need to get on buses or scurry across the road to get to their next meeting or their next appointment. If I asked the question in the chamber today of the members who are currently present how many are double-booked at least once or twice a day in places they need to be, if they were honest with each other, most of them would raise their hands.
I am supposed to be at an event right now, but I am also on House duty and I have this speech. I am triple-booked. That is not an uncommon situation for members of Parliament to find themselves in. Therefore, why do we not ask ourselves why the Prime Minister's car needs to be in front and why it cannot go out the back, just like the previous prime minister did? Would that have resolved the problem? I do not know. Maybe it is a logistical issue. I do not know what I do not know because there is construction going on now at both ends of the building. There was construction as well on the east side of the building when Prime Minister Harper got his car ride home. Is that one of the solutions that we have? Maybe changing the way one or two people do their business around here might make it easier for others to do the same.
Much has been said about the privileges that are under discussion right now at the Standing Committee on Procedure and House Affairs and have spilled over into this debate. Members of Parliament, according to House of Commons Procedure and Practice, have the privilege of freedom of speech in this place. We must be vigilant and we must protect that. We must be able to say what has to be said when it needs to be said and we should not be denied access to this place to say it. We should not be under threat of intimidation, coercion, or any other type of threat inside this House or out for things that we say in this chamber. When we take away that freedom of speech and opportunities for members of Parliament to speak freely, we are doing a great disservice to our Parliament, to the foundation of our democracy.
I will go back to my opening comments when I talked about how valued Canadian ideals are around the world that people flock here from every corner of the earth. Any member of Parliament who has ever been to a citizenship ceremony will see that 50 people who are sworn in are from 48 different countries usually. That is the way it works here in Canada, and that is a great thing.
We have the privilege of free speech, but we do not have the privilege of free speech if we cannot get here, if we are stopped, if we are prevented, if we are detained in any way, shape, or form. I am not saying that gives members of Parliament the absolute right to do whatever they want whenever they want to get here, but every reasonable effort should be made to allow members of Parliament to get to the House of Commons to do their business.
Members of Parliament have freedom from arrest in civil actions. This is critical. We cannot do our jobs and be free from intimidation if we are constantly under arrest or being hassled through civil action. That does not mean we cannot be sued, if that is what is required if something wrong has happened, but we cannot be arrested in civil actions. Just imagine if launching a frivolous or vexatious civil action, which may result in the arrest of a member of Parliament, was all one had to do to keep a member of Parliament from getting to a vote.
Imagine a scenario in a minority Parliament where a couple of votes might be the difference between a government falling and an election being called or a government continuing, which is why there are the same provisions in the Criminal Code about vote buying and bribery. They are very important things. These are the freedoms that we have, not because the 338 of us who happen to be here right now are any more special than the other 35 million Canadians in this country, but the integrity of the office of a member of Parliament is what is at stake.
The exemption from jury duty makes sense. We should not be part of the judiciary, but we are part of the legislative process. An exemption from being subpoenaed to attend court as a witness is another way somebody, frivolously or vexatiously, could have his or her time usurped by others, preventing or keeping a member of Parliament from doing his or her duties in the House of Commons.
The most important one, the one that is under discussion today, is the freedom from obstruction, interference, intimidation, and molestation. I am going to read this into the record right from our own website. It states:
Members of Parliament, by the nature of their office and the variety of work they are called upon to perform, come into contact with a wide range of individuals and groups. Members can, therefore, be subject to all manner of influences....
Further on it states:
Members are entitled to go about their parliamentary business undisturbed. The assaulting, menacing, or insulting of any Member on the floor of the House or while he is coming or going to or from the House—
That is the important part:
—or on account of his behaviour during a proceeding in Parliament, is a violation of the rights of Parliament. Any form of intimidation...of a person for or on account of his behaviour during a proceeding in Parliament could amount to contempt.
It goes on to talk about certain matters such as bribery, the acceptance of fees and corrupt electoral practices that are dealt with in other places in law and rightfully so. However, over the years, members have regularly brought to the attention of the House instances which they believe were attempts to obstruct, impede, interfere, intimidate, or molest them, their staffs or individuals who had some business with them or the House.
In a technical sense, such actions are considered to be contempt of the House and not breaches of privilege. Since these matters relate so closely to the right of the House to the services of its members, they are often considered to be breaches of privilege.
Speakers have consistently upheld the right of the House to the services of its members free from intimidation, obstruction, and interference. Speaker Lamoureux stated in a 1973 ruling that he had no hesitation in reaffirming the principle that parliamentary privilege included the rights of a member to discharge his or her responsibilities as a member of the House free from threats or attempts of intimidation.
As Speaker Bosley noted in 1986:
If an Hon. Member is impeded or obstructed in the performance of his or her parliamentary duties through threats, intimidation, bribery attempts or other improper behaviour, such a case would fall within the limits of parliamentary privilege. Should an Hon. Member be able to say that something has happened which prevented him or her from performing functions, that he or she has been threatened, intimidated, or in any way unduly influenced, there would be a case for the Chair to consider.
We have had rulings and these rulings have been consistently applied in the ruling we had today, which is why we have this debate.
In the ruling of another question of privilege, Speaker Bosley stated further that the threat or attempt at intimidation could not be “hypothetical”, but must be real or have occurred.
That is what we have in this case. It occurred. Two members of Parliament were detained in their opinion and in the opinion of the ruling of the Speaker of the House unreasonably detained. What are the consequences of that going to be outside of this debate?
In order to find a prima facie breach of privilege, the Speaker must be satisfied that there is evidence to support the member's claim that he or she has been impeded in the performance of his or her parliamentary functions and that the matter is directly related to a proceeding of Parliament, in this case the most important one, a vote, the opportunity for our actions to match our words and for us to cast a ballot or stand in our place and be counted yea or nay on behalf of the people who sent us here.
In some cases where a prima facie privilege has not been found, the rulings have focused on whether the parliamentary functions of the member were directly involved. While frequently noting that members raising such matters have legitimate grievances, Speakers have consistently concluded that members have not been prevented from carrying out their parliamentary duties from time to time.
These matters as we have laid out in our history, whether it is in O'Brien and Bosc now or in previous rulings by the Speaker, we have enough cases before us that Speakers can properly rule about these issues. It is very important. As members of Parliament, we have to protect and safeguard our rights and privileges. Thankfully we have had Speakers in the past who have helped in that, as in the examples I have just outlined, but we have to also remain vigilant for other assaults on our privileges.
In the last three Parliaments before this one, I do not ever recall an instance, let alone two separate instances, where there has been such disruption of the House of Commons and of committees based on proposed changes to the privileges that we as members of Parliament have. I will go back to Motion No. 6, around a year ago, when it was before this place. It would have taken away virtually every tool opposition members of Parliament would have had and every privilege that had been extended to them in our adversarial system of Parliament, which has been handed to us in the Westminster system. It is the foundation of our House. The Liberals wanted to change it unilaterally, taking away those privileges. We see it again now. It is the approach of a unilateral decision to make numerous changes to how this place works without consulting members of Parliament.
I would urge all my colleagues who are here today, on whatever side of the House they happen to be, to safeguard their rights and privileges, because every inch of ground they give up, they will never get back.