Mr. Speaker, it is a pleasure to rise this afternoon to participate in the debate on the question of privilege.
For some Canadians, this debate may seem a bit antiquated, a bit technical. They may not fully understand what it is we are talking about. Notwithstanding that, let us make no mistake about it that the debate today is of high importance, because it goes to the foundations of our democracy. It goes to the heart of the ability of members of Parliament to perform their functions to collectively represent Canadians.
Having regard for the importance of this debate on privilege, it is disappointing to see that the current Liberal government has responded by trying to shut down debate, by trying to silence members of Parliament by bringing forward time allocation.
Canadians will remember that during the last election, the Prime Minister talked so much about sunny ways. He waxed and waned eloquently. He talked about how there would be sunlight brought into this place and how everything would be wonderful, that members would be able to speak and vote freely and that we would have a government that respected the will of Parliament, and he admonished the previous Conservative government for bringing in time allocation, which of course is perfectly within the rules. It is in the Standing Orders.
That was fair. There were a lot of Canadians who accepted that, who said that perhaps Parliament could work better, and they entrusted the Prime Minister to deliver. What we have seen, like so much of what we see from the Prime Minister, is that the words that he espoused during the election campaign were nothing more than empty words, because on this issue he has tried to shut down debate.
The government is trying to shut down debate, but it is not just on this issue. It is on multiple issues. The government has moved time allocation more than a dozen times already. What is even worse is that the government House leader has now indicated that the government will use this issue as a pretext to invoke time allocation on a regular basis, so we have now a complete 180° turnaround from the government. Eighteen or 19 months ago, the Liberals were admonishing the previous Conservative government for imposing time allocation, and today the government House leader is talking about bringing in time allocation all the time, regularly, and with enthusiasm.
It really speaks to the lack of trust that Canadians should have in the current government. I think that every day more and more Canadians recognize that the current government simply cannot be trusted.
To the substance of this important debate on this issue of privilege, it arose on the day of the budget when access by the hon. members for Beauce and Milton to the parliamentary precinct to be able to get into this chamber and vote was impeded. Their access was impeded when they tried to access a House of Commons bus to come to the chamber to vote, to do what hon. members should do. The bells were ringing. They waited. They saw a bus coming. The bus driver apparently saw them, but the bus could not get to them because the bus was stopped. It was blocked by either the Prime Minister's empty motorcade or a media bus or a combination of the two. Nonetheless, it was blocked, and it was blocked, according to the hon. member for Beauce, for some nine minutes. As a result, the hon. members for Milton and Beauce were unable to vote.
Upon the conclusion of that vote, those hon. members rose in their places and immediately alerted this House that their access to this House had been impeded, that they had been prevented from doing the job that their constituents had sent them here to do and doing what their constituents expect them to do, which is to vote on matters before the House of Commons, and that consequently there had been a breach of their parliamentary privilege.
Upon hearing the evidence from the hon. members for Beauce and Milton, Mr. Speaker, you ruled that there was indeed a prima facie breach of a member's privilege.
What should have happened then, and what has always happened upon the Speaker's finding of a prima facie breach of privilege, was for a debate to take place in this chamber, for a vote to take place, and in the event that the members of this House affirmed the ruling of the Speaker in finding that there was in fact a breach of privilege, the matter would then be referred to the Standing Committee on Procedure and House Affairs so that the issue of privilege could be studied and the committee could get to the bottom of exactly what happened.
That is not what happened in this case. What should have happened did not happen because the government decided instead that it wanted to attack the rights of hon. members to defend and protect the privileges of this House. What the government did in that regard was to bring forward a motion to proceed to orders of the day. In so doing, what the government did was shut down the ability of hon. members to debate the issue of privilege, to vote on the issue of privilege, and to have the matter referred to the Standing Committee on Procedure and House Affairs, where it would have received precedence at that committee, just as it receives precedence in this House upon the Speaker's finding.
What the government did was unprecedented. No government before has done what the current government did. What the current government did was very serious. It was fundamentally an attack on this place. It was an attack on this institution and on all hon. members, because the ability to debate and vote on a question of privilege is no small matter. It is significant. It is fundamental. It is fundamental to the ability of members of Parliament to perform the functions of the member of Parliament. It is fundamental to the ability of members of Parliament to do their job. That is why privilege is not the property of the government; it is the property of this chamber and it is the property of all 338 members of Parliament.
To understand the significance of what the government tried to do, it is perhaps important to have some understanding of the history of privilege, the foundation of privilege.
Privilege goes back centuries. It goes back to the 14th and 15th centuries, to the United Kingdom, when the king would interfere, impede, obstruct, use force, and in some cases arrest hon. members of Parliament, attacking and impeding their ability to do their jobs.
Sir Thomas More was one of the first speakers in the House of Commons who petitioned the king for the recognition of certain privileges of the House. Those privileges included the right to be free from interference, obstruction, and use of force by the king and his executive in the House of Lords. What privilege really is and what it turned out to be was a compromise among the king, the executive, and members of Parliament, that Parliament, the House of Commons, would be a place where members could speak freely, debate freely, criticize, and depose the government without interference from the executive.
In Canada, privilege was imported from the United Kingdom. The type of force, arrests, and intimidation that British members of Parliament had endured in the 14th and 15th centuries had passed. By the time of Canada's Confederation, however, what had not passed was the significance of members' parliamentary privilege. That is why parliamentary privilege was enshrined in our Constitution. Section 18 of the Constitution Act of 1867, provides that the House may define members' privileges provided that those privileges do not exceed the privileges enjoyed by members of the British House of Commons at the time of Confederation in 1867.
Indeed, the House, through the act of Parliament, adopted all those privileges. Among those privileges is freedom from obstruction and interference. That is precisely what this question of privilege relates to: the interference of the hon. members for Beauce and Milton's access to the chamber to perform the most important function of a member of Parliament, and that is to stand and vote on behalf of their constituents.
When we are talking about the issue of privilege, we are talking about something that has been constitutionally protected. We are talking about something that has been protected by our courts. We are talking about something that has been protected by the common law. It is why what the government sought to do to prevent members of Parliament from having an opportunity to debate and vote on privilege is so significant.
When the arguments were put forward to the government about the seriousness of what was happening and the consequences of what was happening, the response of the government was, more or less, that it did not care. Given some of the actions of the government, when it comes to the disrespect it has exhibited to this institution, perhaps we should not be surprised that this was its attitude. However, Canadians should be surprised that, one by one, Liberal MP after Liberal MP stood and voted in favour of the government's extinguishing the ability of members of Parliament to defend and protect their privileges.
It seems a lot of members over there perhaps forgot, or maybe they do not care, that they are not members of the government, other than those Liberal MPs who are members of cabinet. Perhaps they lost sight of the fact that members' privileges are privileges that do not just protect opposition members and enable them to do their work on behalf of their constituents. Members' privileges protect all members of the House, including government backbench MPs so they can carry out their jobs as well.
It is unfortunate that it took the hon. member for Perth—Wellington, my colleague, to stand and question whether the government could in fact shut down a debate on privilege without a vote. He argued that it was a violation of privilege.
You, Mr. Speaker, agreed with the hon. member for Perth—Wellington. As a result of that ruling, we are having a debate on this question of privilege. It should not have happened that way. It need not have happened that way. However, it happened because of the arrogance of the government.
It does raise a question as to how that happened and why it happened. Why was the government so determined to extinguish the rights of hon. members to defend members' privileges? The answer is that had the motion passed the House of Commons, it would have been referred to the Standing Committee on Procedure and House Affairs, where it would have received precedence, just as it receives precedence in this chamber. That happened to be an inconvenience to the government because the government was simultaneously trying to ram through, at the procedure and House affairs committee, the rules of this place, the rules in terms of how Parliament functioned. The government was trying to strip the rights and abilities of hon. members of the House to hold the government to account, and so we got this mess.
The government has backed off a little in terms of its efforts to ram through changes in the procedure and House affairs committee. However, while it backed off a little at the procedure and House affairs committee, it nonetheless remained intent on shutting down debate on a most important question of privilege.
What the government has done, and is doing, is wrong. It is undemocratic. It is an attack on all members of Parliament and, as a result, it is an attack on all Canadians. When the abilities of members of Parliament to speak and represent their constituents is impeded upon, that impacts all Canadians who count on us to represent them here every day.
My colleagues in the opposition will continue to do what is necessary to hold the government to account, to call on the government to respect the House, to respect this institution, to respect the ability of members of Parliament to stand and vote on behalf of their constituents, and to respect the privileges afforded to all hon. members in the House.