Mr. Speaker, last Thursday, you ruled that the House had every right to compel the production of documents. You also ruled that, contrary to a reckless Liberal opposition motion from 2009 and 2010, the House had taken the necessary steps to balance parliamentary responsibility with protecting national security, and to promote dialogue with the government on the issue.
The only way was to put forward a motion to order Mr. Stewart to appear in this House today, at the bar, with those documents.
It is also within the authority of the House, as indicated in House of Commons Procedure and Practice, third edition, 2017, at page 130.
It is incumbent on us to do something. The House must defend itself and assert its rights.
Citation 120 of Beauchesne's Parliamentary Rules and Forms, sixth edition, states that with respect to questions of privilege, at first glance, and I quote: “Should the House wish to proceed without reference to the committee it may do so.”
Maingot adds at page 263, and I quote: “It is nevertheless open in flagrant cases of contemptuous conduct to move that the facts in question constitute a breach of privilege”.
In the First Report from the Select Committee on Procedure, session 1977-78 of the United Kingdom House of Commons, at paragraph 57, appendix C, a former clerk of that House, Sir Richard Barlas, wrote, and I quote: “Failure to comply with a formal order to attend or to produce papers may be dealt with by the House as a contempt; so may the failure to answer questions when giving evidence.” Such a failure should in fact be investigated by the Committee of Privileges. “[T]he House itself could and has dealt with the matter as one of privilege on a report being made by the committee concerned, and exercised its penal jurisdiction accordingly.”
Last week, we proceeded without reference to the committee to call Mr. Stewart to the bar to produce the requested documents. I would remind the House that it was the majority of elected members here in the House who voted for that action. It was not a wish or a request, it was an order. These documents still have not been produced. The urgency of the matter has not changed.
Paragraph 302 of the 1999 report of the Joint Committee on Parliamentary Privilege in the United Kingdom clearly states, and I quote, “If the work of Parliament is to proceed without improper interference, there must ultimately be some sanction available against those who offend: those who interrupt the proceedings or destroy evidence, or seek to intimidate members or witnesses; those who disobey orders of the House or a committee to attend and answer questions or produce documents....But unless a residual power to punish exists, the obligation not to obstruct will be little more than a pious aspiration. The absence of a sanction will be cynically exploited by some persons from time to time.”
That is exactly where we are right now.
That said, what would be more important than imposing a sanction would be for the—