I am now ready to rule on the question of privilege raised on December 6, 2021, by the member for Yorkton—Melville concerning medical exemptions for the COVID-19 vaccination.
In her intervention, the member alleged that a decision of the House on November 25, 2021, imposed inappropriate conditions on the independence of the House of Commons' nurse in determining whether medical exemptions should be provided to members. She argued that such actions by government set a precedent with regard to political interference in objective decision-making by medical professionals. The member further suggested that parliamentary privileges could be eroded by arbitrary limitations made in this manner at the whim of the government.
The member for Timmins—James Bay intervened to indicate that it was appropriate for the House to make decisions for the benefit of the entire membership, including on the issue of a safe work environment, even if it supersedes certain privacy rights.
On November 25, 2021, the House made a decision allowing hybrid sittings and requiring members attending proceedings of the House in person to be fully vaccinated for COVID-19. The order also required that a valid medical exemption from vaccination be guided by the Ontario Ministry of Health document entitled “Medical Exemption to COVID-19 Vaccination” and by the National Advisory Committee on Immunization.
It is therefore difficult for the Chair to understand how the House of Commons' nurse or any other health and safety personnel are working under the imposition of unwarranted conditions caused by this order. The House has the authority to make decisions affecting access to the chamber and once such a decision has been made, it is the Chair's responsibility to see that it is applied appropriately. Given the clear decision of the House, I cannot find that the member's privilege has been breached.
In the view of the Chair, the matter has been decided by the House and accordingly, I find there is no prima facie question of privilege.
I thank all members for their attention.