Mr. Speaker, I stand before my hon. colleagues and my constituents today to discuss Bill C-216, a private member's bill that changes the rules of the unemployment insurance program to allow unemployment insurance claimants to collect unemployment insurance benefits while they are serving on a jury.
Essentially, Bill C-216 if passed would change only six words in the Unemployment Insurance Act. These changes include the removal of the word "or" in section 14 and include the words "or engaged in jury service" in the same section.
The question that needs to be addressed is why are we spending all this time discussing these six words. The answer to this question is simple. If these six words were changed, the initial intention of the Unemployment Insurance Act would have been pushed even farther from its original purpose.
Section 14 of the Unemployment Insurance Act states clearly: "A claimant is not entitled to receive benefits for any working day for which he or she is unable to prove capability to work and availability for work or is unable to prove incapability because of prescribed illness, injury, or quarantine. A claimant engaged in jury duty is considered unavailable under section 14 of the act and is therefore disentitled from benefits".
This statement makes it indisputably clear that the framers of the original unemployment act saw that the UI system was not to include those individuals who were called to do their civic duty and perform jury duty.
The Reform Party unequivocally supports the return of the Unemployment Insurance Act to its original function, an employer/employee funded and administered program to provide temporary income in the event of unexpected job loss.
This has been our policy since the late 1980s. Canadians are tired of supporting habitual and seasonal abusers of unemployment insurance. Many people would say that Bill C-216 would become another case of abuse of the great Canadian social security system as it could lead to employers laying off employees who must serve jury duty so that these individuals would be able to collect otherwise uncollectable unemployment insurance.
The potential for abuse is alarmingly clear. When the unemployment insurance system is not used as it was initially designed, Canadians suffer because the present inequities in the UI system which have developed permanently lower disposable income of those who hold full time jobs in regions of some economic strength.
It permanently depresses the rate of job creation among all the firms whose costs are increased by the UI payroll tax. It subsidizes the immobility of labour in ways that seriously hurt the younger generations as parents do not face the incentives they should to move to regions where private sector job opportunities are much more numerous and diverse.
According to the figures provided by my hon. colleague for Restigouche-Chaleur, the implementation of this amendment to the Unemployment Insurance Act, the changing of only six words, would add in the neighbourhood of $2 million to $3 million to the unemployment insurance claims. A $2 million to $3 million tab would be absorbed by employers and employees
across the country. They are already losing nearly 40 per cent of their pay cheques through one type of taxation or another.
I truly question the willingness of Canadians to absorb this sum of money, especially when considering our fiscal situation where we as a nation are nearly $535 billion in debt and are paying nearly $40 billion in interest payments annually to service this astronomical debt.
It is for this reason that if employers and employees who pay for the UI program had a say in how their money was being spent, I do not think they would agree to provide benefits to claimants while they are serving on a jury.
The law is simple, clear and concise. If a UI claimant is serving on a jury they are not available for work and therefore not entitled to unemployment insurance benefits. For too long now the fundamental insurance principles have been compromised so that unemployment insurance is seen more like a form of welfare than a form of insurance.
In the words of Tommy Douglas: "We are not interested in paying able bodied people merely because they were not able to find work. We proposed social aid for those who are unable to work because they were crippled, aged or mentally ill. Those who are able to work would participate in public work projects".
Welfare and unemployment insurance are not a right in Canada and furthermore unemployment insurance is exactly what the name indicates. It is an insurance program and not a seasonal employment or special compensation package.
Workers should only be entitled to unemployment insurance provided they qualify and meet certain obligations. One of these obligations is that they are ready, able and willing to work; work immediately, not tomorrow or the next day or the next week, but immediately.
As I mentioned earlier the unemployment insurance program must be returned to a true insurance program. We should look at other insurance programs to see how they operate and perhaps we as a government could learn a lesson or two from the private sector. Perhaps our national unemployment insurance program should indeed be based on a user pay system such as household or automobile insurance where the more we use our insurance the more our premiums increase and, conversely, the less we use our insurance the less our premiums become.
This type of user pay based system is not solely for employees. It would also relate back to employers as those employers who regularly lay off workers would also have to pay higher premiums as well.
It is clear that this bill is taking us down the wrong direction. We should be looking at ways to make the unemployment insurance as well as government programs sustainable and self-sufficient. Bill C-216 is not even close to achieving this goal or even starting us down the right path.
I want to state clearly that while there may be a problem of fair compensation to individuals who serve on a jury regardless of their employment status, we do not believe that minor changes to the Unemployment Insurance Act is the way to accomplish or change this inequity.
We are not the only ones with this view. In fact a few of our supporters include the policy experts at the department of unemployment insurance and research branch of the Library of Parliament. The department of unemployment insurance comments that the problem is not with the UI rules but rather the poor compensation provided for jurors. The Library of Parliament wrote: "The primary issue in this matter seems to be adequate remuneration for jury duty and that is the responsibility of the provinces rather than the employers and employees who contribute to the unemployment insurance program".
Ultimately then, rather than adjusting the Unemployment Insurance Act the Reform Party proposes that judges should use their discretion to excuse UI claimants from jury duty as has been done in the past. Again, I think it is crucial to state the obvious which is those who serve on jury are perhaps not fairly compensated. On this point I am sure all of us in this House can agree.
As my hon. colleague from Yorkton-Melville stated in the House it is inexcusable that jurors are asked to work for days, weeks, and in some cases even months for $15 or $20 a day. I believe, as does the Reform Party, in equality and fairness and above all common sense. For that reason it is clear that this issue of appropriate compensation for jurors must be addressed.
However, we also believe in decreasing overlap and duplication between governments. Essentially we believe in staying out of the provincial arena and the issue of juror compensation falls 100 per cent under provincial jurisdiction. For these reasons we will be unable to support this bill.
Finally, I would like to move:
That the motion be amended by striking out all the words after the word "That" and substituting the following:
"Bill C-216, an act to amend the Unemployment Insurance Act (jury service), be not now read a third time and that the order be discharged, the bill withdrawn, and the subject matter thereof referred to the Standing Committee on Human Resources Development.