Mr. Speaker, I am pleased to address this bill, which is a very laudable initiative. Indeed, even though the government may have some reservations about it, the proposed legislation includes many good points and we must take a very close look at it. I sincerely hope that we can pursue this debate.
One of the stated purposes of the bill is to provide for appropriate sanctions against retaliation or retaliatory discharges by public sector employers of employees who "blow the whistle" or report a serious misconduct of their employers.
Bill C-248 would, it is claimed, protect employees acting in good faith and would recognize there are times when it is in the public interest to encourage whistle blowing, especially if public health or safety were at issue.
It is important to remember that the idea is to improve public health and safety.
Let me say at the outset that I am most interested in any proposal that would lead to improvements in the way government programs are delivered that would lead to greater efficiencies and effectiveness and that would lead to the elimination of waste, mismanagement or misconduct.
This idea is a basic principle which we must support.
At the moment there are a number of legislative provisions with complementary policies and guidelines that have application in this area. I am interested in how they are working, how they can be improved and how the bill before us today could lead to improvements in these areas.
It is with this in mind that I have reviewed and now comment upon the bill before the House today.
Here are my comments, along with some specifics.
One of the clauses contained in the bill proposes amendments to section 23 of the Public Service Employment Act. This section requires every deputy head and employee, before becoming a member of the public service, to subscribe to the oath or affirmation of allegiance and the oath or affirmation of office and secrecy, the latter being set out in schedule III of the present act. Under Bill C-248, which restates the wording of section 23 as it now stands, two lengthy new clauses would be added qualifying the oath or affirmation of office and secrecy.
One of these clauses refers directly to the administration of section 40(1.1) of the Canadian Human Rights Act. No change would be contemplated with respect to the oath or affirmation of allegiance, though any misconduct that could constitute betraying it may well pose a serious problem as abuse of the oath or affirmation of office and secrecy.
The oath or affirmation of allegiance is covered by the Oath of Allegiance Act. It prescribes a form by which every person in Canada who, either of his or her own accord or in compliance with any lawful requirement made of him or her or in obedience to the directions of any act or law in force in Canada, except the British North America Act and the Canadian Citizenship Act, desires to take an oath of allegiance shall have it administered.
The prospective deputy head or employee of the public service must before assuming office affirm and swear to be faithful and bear true allegiance.
Confidentiality is required of all federal public servants by virtue of the Official Secrets Act and by the oath or affirmation of office and secrecy taken by all public servants on entering the service. The prospective employee swears or affirms that he or she will faithfully and honestly fulfil the duties that evolve upon that person by reason of public service employment and not without due authority disclose or make known any matter that comes to the individual's knowledge by reason of such employment.
Of course it must be recognized that major departures from existing practices in tried and true legislation could have important implications for the future well-being of the public service.
This is something which must be carefully examined. If were to go ahead with the proposals contained in this bill, would we experience problems with some of them?
It is necessary to determine the precise nature of the problems that are believed to exist or might exist, in view of those proposing Bill C-248, to ascertain precisely the dimensions and nature of the systems that would be required were abuses to occur and how they might best be handled. The means for resolving any problem that might arise in this area under present legislation and regulations should be examined carefully in order not to duplicate or complicate unduly existing measures that inhibit or permit various actions. These include those inherent in the judicial system, the current system of checks and balances in existing legislation, regulations, policies and guidelines, as well as in our open system of government and strong voice of the media.
In examining this proposal for major legislative change, it must be recognized that there is already some legislation covering the abuse of authority and responsibility by public servants at all levels. Paragraph 121(1)(c) of the Criminal Code, for instance, makes it an offence for any official or employee of the public service to demand, accept, offer or agree to accept from a person dealing with the government any reward, advantage or benefit either directly or indirectly through anyone else for his or her own benefit without appropriate authorization.
Members will know that it is the duty of public servants and there are disciplinary and legislative tools available to ensure that they comply to be honest, efficient, effective and loyal in carrying out their responsibilities and managing the resources of the public service.
Employees are expected to inform their superiors of any seeming impropriety and to suggest ways of improving public services. Indeed, the incentive awards program recognizes exceptional contributions to the public service.
There are sanctions as well in place now to prevent, avert or penalize proven dishonourable conduct, criminal actions, waste, extravagance, discrimination or abuse of trust. As you will appreciate, Mr. Speaker, there are already a number of sanctions and legislation in place covering the actions of concern to whistleblowers and to provide recourse for public servants against unfair treatment.
Canada is already known for having one of the finest public services in the world. It is critical that employees and managers recognize the importance of identifying problems and of working together to resolve them.
I am pleased to have the opportunity today to comment on the proposals for legislative changes presented by the hon. member in Bill C-248.
I support this bill in principle, and I sincerely hope that we can continue to discuss it. As I just mentioned, some mechanisms are already in place. It is up to us to decide whether to go any further. I thank you for this opportunity to comment on the proposed bill.