Mr. Speaker, I am pleased to contribute to this debate on Bill C-34. As we are aware from speeches in the House both today and earlier, there are many who have great concerns about the current state of ethics in government and how the current government proposes to address these concerns in the current legislation.
Let us remember first and foremost that we are privileged to be a multi-party democracy where there is a parliamentary opposition. The opposition serves as the conscience of government, acting in a way to curb unethical behaviours as well as to advance political perspectives other than those favoured by the government.
We see how important an opposition is to the workings of government when we reflect on comparable circumstances in single party states. The fact is that no matter how concerned the government of a single party state may be for the welfare of its people, corruption is far greater and far more institutionalized than is found in a multi-party democracy such as Canada's. That is due in no small part to the role of the opposition in bringing government unethical behaviours to public light and in seeking that justice be done concerning unethical behaviours.
Some might argue that ethical breaches in our current government are best addressed through public awareness, through the actions of the opposition and the actions of our Canadian investigative media. These people would argue that an ethics commissioner is not necessary or is acceptable in whatever flawed form is proposed. The fact is, while there is an active opposition in Canada and a degree of quality investigative coverage by media, both need the assistance of an independent oversight body in order to best curtail government ethical wrongdoing and to bring the wrongdoers to justice.
Let us remember that a majority government must effectively be shamed into acting against its own transgressions. If we have a government with no sense of shame, and I believe that to be the case with our current federal government, raising issues of ethical malfeasance in the House of Commons becomes little more than today's news. The government becomes too accustomed to simply shrugging off matters and assuming that gaps in public memory will ultimately save it from being at the mercy of enraged electors. Since when have we seen the current government act independently or as motivated by opposition criticisms to fundamentally change the cronyism that seems to be so readily associated with abuses of power?
This leads us to a point of debate on the legislation before us. Regrettably, Canadians need an ethics commissioner. I say “regrettably” because one would like to think that those who hold such esteemed elected public office would shirk from being associated with any actions that in any way could be called into question ethically. Unfortunately, political leadership can be visionary and charismatic or it can lead by example into an ethical cesspool. When one reflects on the Prime Minister's reactions to so many ethical concerns raised about his behaviour with public funds in matters associated with his own riding, when one sees an attitude of virtual indifference on his part to how his behaviour would appear to any reasonable person, then one can see why there is so much ethical abuse at other levels of government.
If the leader is using his position in an unethical manner, subordinates use that as a cue to what is acceptable behaviour on their own part. Let us remember that in the disgrace of Enron in the United States, as well as that of WorldCom, what was noted in both cases was a culture of deceit extending from the most senior levels downward. I would hate to think that our current government, from a leadership perspective, may be viewed as demonstrating an Enron-like culture, but there is no escaping the analogy in my view and to my regret.
We live in a world that is very different in terms of ethical concerns from the world of even a decade ago. Even a decade ago there was still some belief that conscience and deeply held beliefs would guard from corruption those in senior positions in politics, business and the professions. In terms of the professions such as law and accounting, we placed our confidence in their self-regulatory regimes. Accountants regulated accountants. Lawyers regulated lawyers.
The idea was that the accountants were in the best position to assess and discipline the breaches of ethics of other accountants. Yet what the accountants had and what the lawyers generally still have is something approaching the ethics commissioner being proposed under Bill C-34, an oversight body that is not independent in fact or in appearance. It is only after the Enron scandal and its related impact in Canada that public accountants have realized that their self-regulatory model was inadequate. They are now instead in the process of supporting the creation of a totally independent oversight regime, independent in fact and appearance, something the current federal government could use a few lessons from in my view.
Under Bill C-34, what the Liberals have suggested is the creation of an ethics overseer who really is not independent at all. As proposed, the ethics commissioner would be appointed by the prime minister and that choice would be ratified by a vote in the House of Commons by a majority government.
It is true that the prime minister would have to consult the leaders of the other political parties, but the scope of that consultation has not been defined. Essentially, the prime minister could say to other party leaders, “This is who I have chosen. What do you think?”, and then simply ignore any feedback he receives.
The ethics commissioner would be responsible for investigating misconduct of MPs from all parties. It is therefore absolutely mandatory that the commissioner be totally neutral from a political perspective. The appointment process outlined in the bill sets the foundation for just the opposite circumstance: an individual who could be biased in favour of the ruling party that chose him or her for the job.
All parties should approve the appointment so that the commissioner may be viewed as being truly independent in fact and appearance. Otherwise, the government majority will prevail in hand-picking its so-called independent watchdog and skewing any possible perception of fairness.
I am also concerned about the appearance and presence of accountability within this system. Some time ago I sent a survey to every household in my riding. One of the questions asked constituents to rank several issues in terms of their importance. The number one issue was not health care, it was not taxes nor was it defence. The overwhelming majority of respondents identified government accountability as the most important issue facing our country today.
That is where I am coming from in making my points today. The Canadian people continue to yearn for a government that remains consistently committed to the highest standards of ethical behaviour, from the leadership downwards. The Canadian people continue to be disappointed in governments that once in power seem to forget the hope for change that brought them to power in the first place. Those who continue to believe in ethics in government may be viewed as demonstrating the triumph of optimism over experience. Since there is little cause for optimism in the context of the behaviour of the current government, one can only hope to see changes as matters evolve on Canada's political landscape over the next year.
Observations include the following. The bill is part of the Prime Minister's ethics initiative first announced in May 2002. It is often the case with this government that it uses the right words, but the meanings are shifted in such a way that the results are confusing.
The term “independent ethics commissioner” is misleading. Since the prime minister will make the choice, there will be consultation with the leaders of the parties in the House and there will be a confirming vote in the House. This sounds good, but we must consider that consultation with the leaders does not mandate that the prime minister may change his mind if they disagree, and the confirming vote in the House will undoubtedly be a vote in which all Liberals will vote in favour of the prime minister's choice.
The Senate ethics officer is appointed for an initial seven year term and is eligible for reappointment. The House of Commons commissioner's term will be an initial five year term and the commissioner is eligible for reappointment. The House of Commons ethics commissioner will work under the general direction of a committee of the House of Commons, presumably the committee on procedure and House affairs.
The ethics commissioner will perform duties and functions assigned in the House of Commons for governing the conduct of its members when carrying out the duties and functions of their office as members of that House. This means that a separate code will be established and will become part of the standing orders. It is this code that the commissioner will enforce.
The commissioner's supervision of cabinet ministers will be about the same as now. There is private, confidential advice to them and to the Prime Minister.
The fact that an investigation of a minister can be triggered by a formal complaint from a member of Parliament or a senator is positive, as is the fact that the results of such an investigation will be made public.
It is not satisfactorily clear that a minister of the crown, a minister of state or a parliamentary secretary can be held accountable under the same rules as those applying to ordinary members of Parliament. This is assumed but it is not specific.
We are in favour of a high standard of ethical conduct by government and parliamentarians. It is the Liberal version of ethics to which we are opposed. The Liberals, undoubtedly, will try to characterize us as being against a code of ethics if we do not vote for this bill. However we must emphasize over and over again that we object to this interpretation.
We object to the fact that an ethics commissioner appointed by and answerable to the prime minister will have jurisdiction over backbench and opposition MPs. Our primary objection is that the ethics commissioner will be appointed by the prime minister without a meaningful role by rank and file members of Parliament. The bill contains a provision for consultation with party leaders but no requirement.
The bill does not change the relationship between public office holders and the ethics commissioner. He or she will continue to administer the prime minister's code and provide confidential advice to the prime minister and to the ministers. If an investigation of a minister is requested by a senator or an MP, the ethics commissioner would be obliged to investigate it but any public report arising from this investigation could be suitably sanitized by withholding any information considered confidential.
Scandals have plagued the Liberal government and this will probably not be preventable or subject to exposure under this legislation.
Coming back to my point, the Canadian people do yearn and continue to yearn for a government that remains consistently committed to the highest standards of ethical behaviours from the leadership downward. The Canadian people continue to be disappointed in governments that once in power seem to forget the hope for change that brought them to power in the first place.
Those who continue to believe in ethics in government may be viewed as demonstrating that triumph of optimism over experience. Since there is little cause for optimism in the context of the behaviours of the current government, one can only hope to see changes as matters evolve on Canada's political landscape over the next year.