Mr. Speaker, the bill before us has the unanimous support of all parties. It did not require a great deal of work to achieve that consensus. All of us have felt for some time that the need to deliver our security services efficiently, both domestically and internationally, has been wanting. When the bill was brought forward at the start of this session, all opposition parties with an open mind were willing to accept it with some minor changes.
Before I go to those, however, I would like to address why we needed this so badly. As a result of the terrible tragedy that occurred on September 11, 2001, we have learned that there are significant flaws in our system. These flaws have been documented by reports across all of our allies: the 9/11 report in the United States, the Bali report in Australia and the Butler report in England. Each one of those reports has shown that the services that we have show a significant tendency, and this may even be a human tendency, to build those traditional silos and then hide behind those silos, in fact defend them in a very territorial fashion.
Unfortunately, as much as one might admire some of the loyalty that is shown within those agencies to that silo defence, it leads inevitably, in each of those jurisdictions I just mentioned, to a lack of cooperation so that the loyalty that we see in terms of defending the agency is extended to the degree that it becomes dysfunctional. In fact, it prevents those agencies from cooperation. We have seen that in all three of those countries.
There is some indication, most of it anecdotal here in Canada, that similar things have happened. We certainly saw some evidence come out in the course of the Air India trial where because of the lack of cooperation, it would appear, and a reduction in the effectiveness of our intelligence services and security services in the investigation of that crime, it has caused the trial to be dragged out over a much longer period than it would have been otherwise had there been more cooperation. I do not want to overemphasize that particular case because it is, of course, still before the courts and we may get some indication at some point whether that is a complete reality.
However, we know that this is a problem. From my experiences in another committee on which I sat this past summer, our services are conscious of it. The committees and the inspector general that oversee this are very conscious of it. Attempts are being made to eradicate that lack of cooperation and, as a member of the NDP, I applaud those efforts.
This bill is one of the methodologies that we are deploying as a government to facilitate cooperation and to downplay any of this territoriality that leads to a dysfunctional service.
As a party we are quite pleased to support the bill and will be voting in favour of it once debate at third reading is complete. However I want to acknowledge that there were some flaws identified when the bill went to the committee and amendments were moved. I want to draw the House's attention to the amendments that were moved to clauses 5 and 6.
The amendment to clause 5 was to specify the agencies that would now be consolidated under one department and under one minister. They are: the RCMP, CSIS, the Canada Border Services Agency, the Canada Firearms Centre, the Correctional Service of Canada and the National Parole Board. These are the existing agencies and departments that will be incorporated.
I want to make this point because on this amendment there was criticism coming from the government side that it somehow would hamstring the minister. I want to be very clear that the amendment, and the bill as it is before the House, particularly clause 5, allow for additional agencies to be added. I have to say, again based on some of the experiences I had this summer, that I believe this should be happening fairly soon. I am not sure the government members are on side with that, but if they do come to that realization and wish to add additional agencies under the purview of the minister, they in fact are able to do so without amendments to the law that will flow out of this bill.
I want to perhaps applaud the opposition parties. In the course of that amendment coming forward, all three opposition parties supported it. There was a good discussion. It was a good example, if I can put it that way, of the parliamentary committee system working.
Similarly, with clause 6, the amendment was brought forth provides for a direction, in effect, to the minister to exercise his or her authority and powers under this law in compliance with the constitutional jurisdiction of the provinces and the territories. Again there was a good discussion. The opposition parties, after listening to that discussion, are all supporting this amendment.
It is one that I believe is particularly important if one begins to appreciate what is going on in Canada at the present time in terms of the police forces of the provinces and the municipalities cooperating extensively with our national agencies in gathering evidence. In some cases, what has been traditional intelligence gathering is being assisted if not outright conducted by our provincial and municipal police forces in cooperation with and generally under the direction of our federal agencies such as the RCMP and CSIS.
The cause for concern as a result of this is that we want to be very clear that the provinces and the territories retain their traditional jurisdiction in the areas of enforcement, at the same time recognizing that right across the country we have been cooperating with the federal agencies and in fact taking on additional workloads since September 11, 2001.
We wanted that workload to be conducted in such a way that it always remained within the control of the provinces and the territories and that protocols were worked out with the federal government and its agencies on an ongoing basis. We did not want the jurisdiction of the provinces and the territories impugned. I believe that this amendment brought forward on clause 6 takes into account the reality of what is going on in the country right now within our police forces. It protects that jurisdiction of the provinces and territories. Again there was a good discussion in the committee, in the way that committees are supposed to function, we all believe, and perhaps in practice do not as often as they should. The committee did function well here.
Both of these amendments were put through and are now back before the House with what I believe to be an improved bill.
Along the same lines of the conduct of the committee, other amendments were proposed and were turned down. I want to draw to the attention of the House the fact that the Privacy Commissioner came before the committee as a witness and proposed two amendments, one that I would say she was not pressing for but one that she felt was in fact necessary.
After listening to her testimony, questioning her and having a thorough discussion in the committee, we determined in regard to the proposal she was making, although it was in its essence very valid, that is, concerns over privacy and how information was being used or could be used and in fact abused, it was not appropriate to deal with it at this time in this bill.
I think we all felt we had a sense of responsibility to the Privacy Commissioner to be very clear with her that we appreciated her initiative in this regard and that it is one she should pursue in other legislation, either in existing law or in fact some amendments to new legislation that should be forthcoming in the next while. We appreciated the initiative, but we felt that it was not in this law that it should be dealt with.
In that regard, there certainly was a good deal of discussion about the fact that a lot of our information at the international level is being shared. There were concerns expressed about whether the proper protocols are in place to protect Canadians from that information being abused in other countries.
Obviously the case that comes to mind is the Maher Arar case, and there are the suspicions we all have as to whether that happened in his case. Certainly at the superficial level it would now appear quite clear that it did. Who was at fault is unclear and that of course is the major subject as I see it of the O'Connor inquiry that is going on at the present time. Coming out of this, we may in fact get some recommendations that will invoke that concern of the Privacy Commissioner and we may pursue this at some point down the road. Certainly that is the intention of my party and it is one that we will follow quite closely once we have that report.
The additional point I would like to make is that this bill is just the start of the work that needs to be done to make sure that we do not end up as so many other countries have. Our traditional allies, the United States, the United Kingdom, New Zealand and Australia, all have demonstrated that within their services there is a need for ongoing vigilance, that the services are working at their peak efficiency, if I can put it that way. We as members of this House have a responsibility to see that there is an infrastructure in place which maximizes the likelihood of that occurring. This is one bill that we are quite happy to support as the first step in achieving that result, but it is certainly not the end.