I am now ready to rule on the question of privilege raised on June 5 by the member for Leeds—Grenville—Thousand Islands and Rideau Lakes concerning the vacancy in the position of the Conflict of Interest and Ethics Commissioner.
In his intervention, the member alleged that the Office of the Conflict of Interest and Ethics Commissioner had been hampered in conducting investigations by the government’s failure to appoint a new commissioner. By extension, the member contended that the ongoing vacancy impeded him and the House in the performance of their parliamentary duties.
To support this assertion, he referenced proceedings in the Standing Committee on Access to Information, Privacy and Ethics, where officials from the Office of the Conflict of Interest and Ethics Commissioner indicated that they are limited in their ability to initiate or conclude investigations, until the position of commissioner is filled.
As described at pages 239 to 241 of House of Commons Procedure and Practice, third edition, the Conflict of Interest and Ethics Commissioner is appointed by the Governor in Council, after consultations with the leaders of all recognized parties in the House. This appointment process is clearly defined in the Parliament of Canada Act.
The House and its committees do play a role in the ratification process in accordance with Standing Order 111.1, but not in the initiation of the appointment process. This authority clearly belongs to the government by statute. The commissioner is an officer of this House who plays an important role in the administration of the conflict of interest regime prescribed by law and by our Standing Orders. It would, of course, serve the interests of all members to have the position filled promptly.
As to whether the ongoing vacancy constitutes a prima facie question of privilege, it is a well-established practice that the Chair needs to be satisfied that the matter is raised in the House at the earliest opportunity, while clearly illustrating what breaches of privilege or contempts have occurred.
House of Commons Procedure and Practice, third edition, states at page 145:
The matter of privilege to be raised in the House must have recently occurred and must call for the immediate action of the House. Therefore, the Member must satisfy the Speaker that he or she is bringing the matter to the attention of the House as soon as practicable after becoming aware of the situation. When a Member has not fulfilled this important requirement, the Speaker has ruled that the matter is not a prima facie question of privilege.
The Chair did not hear an explanation as to why this matter should take priority of debate now. The vacancy referenced has been an ongoing matter for some time. Therefore, I cannot find a prima facie question of privilege at this time.
I thank members for their attention.