I am now prepared to rule on the question of privilege raised on February 1, 2022, by the member for Louis-Saint-Laurent concerning the alleged premature disclosure of Bill C-10, an act respecting certain measures related to COVID-19.
During his intervention, the member argued that the Prime Minister had spoken about the bill in detail during a press conference held the day before. At that time, the bill was on notice and had not been introduced in the House. The member said that the bill is simply entitled “An Act respecting certain measures related to COVID-19”.
He added that the Prime Minister had provided details by indicating that the government was going to present a bill to continue to offer the greatest possible number of rapid tests to the provinces and territories. He also said that such a disclosure breached the convention that members must be the first to learn the details of legislative measures and thus constituted contempt.
The parliamentary secretary to the government House leader responded that the Prime Minister had only spoken about the bill in general terms and had not disclosed any specific details. He also said that sharing a draft of the bill with the opposition parties before its introduction satisfied the requirement that members must be the first to be informed of such measures.
The convention that members have a right to first access to legislation is a well-established practice. Looking at the relevant precedents, including those cited by the member for Louis-Saint-Laurent, the Chair notes in particular that, when a premature disclosure was ruled to be a prima facie breach of privilege, precise details had been disclosed. These provided evidence that the contents of the bill had indeed been shared before they were disclosed in the House.
In the case before us, the Chair must determine whether the information provided by the Prime Minister at the press conference constitutes a disclosure of the contents of the bill, which would be, at first glance, a breach of the privileges of members or of the dignity of the House.
Bill C‑10 is relatively short and contains only two clauses. The purpose is simple. The first clause specifies the maximum amount that can be paid out of the Consolidated Revenue Fund for the purchase of rapid tests. The second concerns the distribution of these rapid tests to the provinces and territories. The second aspect of the bill has been part of public discourse for some time now.
It is the view of the Chair that the Prime Minister’s statement does not give way for the Chair to conclude that there was a breach of the privileges of the House nor to give the matter precedence over all other business of the House. Thus, I cannot conclude that there is a prima facie question of privilege.
In closing, I would like to point out that the disclosure of bills before they are presented in the House has recently been the subject of several questions of privilege. A new practice also seems to have been established in which the government shares certain bills with the opposition before they are introduced. As such, the Standing Committee on Procedure and House Affairs may wish to review these elements and, if necessary, share its findings with the House.
I thank the members for their attention.