Mr. Speaker, thank you for allowing me the opportunity to reply to the government's response to the question of privilege raised by the member for Scarborough—Guildwood on February 17, 2011.
By now, Mr. Speaker, you are quite familiar with the facts. My colleagues and I allege that on at least four separate occasions the minister responsible for CIDA misled or attempted to mislead the House or its foreign affairs committee in responses to inquiries about the KAIROS funding grant.
For the sake of clarity and by example, on April 23, 2010, the Minister of International Cooperation tabled a signed reply to a Liberal order paper question in which she wrote, “the CIDA decision not to continue funding KAIROS was based on the overall assessment of the proposal, not on any single criterion.”
Later on, on December 9, 2010, when asked if she knew who had written the “not”, while testifying at the Standing Committee on Foreign Affairs and International Development, the minister responded that she did not know who had written the “not”, yet later admitted that the “not” was inserted at her direction.
On September 20, 2010, the minister tabled a signed reply to an order paper question submitted by the member for Notre-Dame-de-Grâce—Lachine reaffirming that it was in fact an agency decision to cut the funding for KAIROS, contrary to her later admission that funding was in fact denied at her discretion.
On this side of the House we have been asking questions about KAIROS since November 2009. We now have five or six versions of the events put out by the Government of Canada.
In defence of the minister, the government has advanced four lines of argument: one, the opposition should have been more diligent in its questions; two, the committee report makes no accusations; three, CIDA encompasses both officials and the minister responsible for CIDA; and four, bureaucratic and ministerial paper flow is not a work of art.
In his first line of argument, the parliamentary secretary to the government House leader said in his statement to the House:
Perhaps the member should have asked different questions or more questions or have been more diligent in his inquiry, but his unhappiness with the answer is not a breach of privilege.
Well, Mr. Speaker, it is not for want of trying. Since November 2009, the KAIROS funding has been the subject of 88 questions in the House, of which I have asked many; six statements by members; four order paper questions; 31 questions in committee; and one access to information inquiry.
Perhaps the member for Scarborough—Guildwood should have asked more questions, or different questions, or have been more diligent, but does any reasonable person believe that the member for Scarborough—Guildwood would have gotten a truthful response?
What the parliamentary secretary to the government House leader is really saying is that it is permissible for ministers to be as evasive as possible in avoiding the truth.
At some point there has to be a conclusion that the minister knowingly attempted to mislead members by suggesting that the decision to de-fund KAIROS was a CIDA decision; a decision made by the very people who sat beside her at committee, who testified that they had in fact endorsed KAIROS for the grant and had even recommended an increase in funding.
Had we not confronted the minister and CIDA officials at committee and had we accepted the minister's answers in the House, we might well believe to this day that CIDA had recommended against the grant.
The second line of defence is:
No direct accusation of any sort is contained in the body of the report, no contravention or any aspect of the law of privilege is enunciated, and no person is accused of anything. There are no contradictions of fact, there are no incongruities in testimony and no indication of what the “other information before the House” might be. There is nothing.
It may be that the parliamentary secretary to the government House leader has misunderstood parliamentary procedure or he has set up a full argument to engage in spurious rhetoric. Either way, Mr. Speaker, parliamentary committees cannot make a prima facie finding of breach of a member's privilege; that is entirely your function and role. Therefore, a committee can only lay facts properly before you and suggest that there appears to be a possible breach of privilege.
The parliamentary secretary to the government House leader appears to invite an accusation and seems disappointed that the committee did not do so, knowing full well that it is not within a committee's power or mandate to draw such a conclusion. It has chosen to place the facts and circumstances before the House through a report. A finding of breach of privilege is a finding reserved specifically to you, the Speaker of the House.
However, if the parliamentary secretary to the government House leader has not heard any accusations, then he has not been listening. We have laid out in precise detail the accusations and the support for such accusations that my and other colleagues' privileges have been breached.
The third line of argument is that “CIDA encompasses both officials and the minister responsible for CIDA”. Some of the time that may well be true. However, when the minister responded to the order paper question of the member for London North Centre, she chose to distance herself from her officials and left the impression that the officials made the decision rather than her. She implied that the KAIROS grant did not meet CIDA's standards.
Again, in her response to the order paper question of the member for Notre-Dame-de-Grâce—Lachine, the minister was quite clear:
“...KAIROS was recently refused funding as it was determined that KAIROS' 2009 program proposal did not meet the government's priorities.”
Finally, when her parliamentary secretary was speaking on her behalf, he stated:
CIDA thoroughly analyzed KAIROS' program proposal and determined, with regret, that it did not meet the agency's current priorities. This is important.
She let that impression hang out there for months. Simply put, the minister had Parliament believe that she did not fund KAIROS because CIDA officials did not want it to be funded. We now know that this is false and that CIDA officials wanted to fund KAIROS. Therefore, it is clear that the minister was not speaking for CIDA and herself, as the parliamentary secretary wants us to believe.
Even the parliamentary secretary is now mangling words to re-characterize the minister's intent, when her intent was to mislead us into believing it was a decision of CIDA officials and not her own.
The fourth line of the argument is that “bureaucratic and ministerial paper flow is not a work of art”. I agree. Paper flow is not, nor does it have to be, a work of art. I would settle for accuracy and truthfulness. A reasonable person looking at the critical recommendation line might well conclude that all three signatories disapproved of the grant, when we know that two and possibly three approved of the grant, until a person, who the minister claims is unknown, inserted the now famous “not”.
It is clear that the minister did not intend that it might one day be made public. That part is clear. Neither the government nor the minister intended that this document see the light of day. Mr. Speaker, the reason for it being buried is that the minister and the government wanted you and I to believe that the officials made the decision to deny the grant. Therein lies the intent to mislead and deceive me, my colleagues, the press, KAIROS and, most disturbingly, the Canadian public.