Mr. Speaker, I am pleased to add a point of view from the NDP caucus as well as my own point of view to Motion No. 310 from the member for Kitchener—Waterloo, which states that in the event a member of the Canadian armed forces in a peacekeeping, peacemaking or humanitarian mission is killed, the flag on the Parliament buildings should be lowered to half-mast.
I have made this point in the past. I feel strongly that it should be Parliament, not government, that decides if and when the flag on the Peace Tower should be lowered to half-mast. In fact, in April 2006 I made this point on a question of privilege in the House of Commons. I maintained that the privileges of the House as a collective had been usurped and undermined by the government when it took that role away from Parliament and gave it to the executive branch.
I argued that the House of Commons is not a department of the Government of Canada and that Parliament should have control over all aspects of the parliamentary precinct, including the flag on the top of the Peace Tower. I argued that government had overstepped its authority by having the Prime Minister dictate whether or not the flag on the Peace Tower should be lowered, thus usurping my privileges as a member of Parliament to participate in this decision.
Unfortunately, the Speaker of the day ruled against my question of privilege. He ruled that the Senate and the House of Commons are only tenants of the government and that the administration of this property falls under the jurisdiction of the Minister of Public Works. That, I might tell members, rubbed me the wrong way. The House of Commons only has the “right to regulate”, he said, its own “internal affairs”. “The essential question”, then, he said, “is whether half-masting of the flag on the Peace Tower is an internal matter falling within the privileges of the House, or an external matter under the jurisdiction of the owner of the building”, our landlords.
The Speaker decided that because Public Works as our landlord is responsible for the physical act of raising or lowering the flag each day on the Peace Tower and because the Department of Canadian Heritage makes the rules concerning protocol of flying the flags, then these rules and their application are a matter for the executive and not matters for the Speaker or the House. I profoundly disagree, on a number of levels.
The half-masting of the Canadian flag on the Peace Tower is not simply a technical function on par with raising and lowering it every day with the rising and setting of the sun. The flying of our nation's flag at half-mast on the Peace Tower is this country's greatest expression of national grief and respect. This matter should never be tainted by political considerations. Leaving it in the hands of the ruling party makes that unavoidable.
Most Canadians, and indeed most members of Parliament, support lowering the flag on the Peace Tower to honour members of our armed forces killed in the line of duty, yet for its own political reasons the government does not want to draw attention to these losses in a conflict that is increasingly unpopular. That is precisely why it should not be the government's decision to make.
If the government can defend its participation in the conflict in Afghanistan, it should be able to defend the casualties and the losses. Refusing to lower the flag on the Peace Tower is seen by many as an attempt to soft-sell or downplay those harsh realities of war.
The Speaker's ruling and the reasoning that underpins it give rise to a larger question. How and why did our Parliament ever lose jurisdiction over the operation and control of Parliament?
Canada's Parliament is based on the Westminster model. Both the Parliament of Canada Act and the act of Confederation of 1867 require that Parliament's structure reflect all the rights, privileges and authorities of the British Parliament in Westminster.
The control of the Palace of Westminster and its precincts was in fact exercised by the Queen's representative, the Lord Great Chamberlain, until, by agreement with the Crown, the Lord Great Chamberlain formally ceded jurisdiction over both Houses to the British Parliament in 1965.
I argue that this flag debate graphically illustrates that Canada should do the same thing. The Queen's government should pass control over both Houses of Parliament to Parliament itself. Until that time, Parliament is just a tenant in the Parliament buildings and does not enjoy the same rights and privileges as our colleagues in Westminster.
This is a matter of the independence of Parliament. It is pivotal to our system of government. Its history goes back to the English revolution in the mid-seventeenth century. In 1672, when Charles II and his troops marched into Parliament and demanded to know the whereabouts of five MPs accused of treason, the Speaker of the day, William Lenthall, said famously, “May it please your Majesty, I have neither eyes to see nor tongue to speak in this place but as this House is pleased to direct me, whose servant I am here”.
In other words, the Speaker proclaimed himself as a servant of Parliament, rather than of the king, and that independence is as important today as it was then.
Let us say for instance that a future government decides the Centennial Flame, which was lit on December 31, 1966, should be removed and a tourist souvenir shop should built on its site. The public would be outraged, MPs would protest, but it would be ruled that Parliament is only a tenant and therefore the government of the day has absolute control.
Let us say a future beloved prime minister dies and Parliament wishes to have a state funeral. The prime minister of the day, a political enemy of the deceased, would say “No, Parliament is only a tenant and government has the control”.
A third example would be, let us say a future government decides it wishes to expand the PMO many times over, but it does not want to spend tax dollars building new office space, so it decides to use the East Block instead, telling senators to get out and telling MPs they will have to double up. Both the House of Commons and the Senate would protest, but Parliament would only be a tenant and the government would have the control.
If the House thinks these are foolish examples, consider this one. At the start of an overseas mission, several Canadian soldiers are killed in the line of duty. Parliament wishes to have the flag on the Peace Tower flown at half-mast to express the nation's profound grief and appreciation to those men and women who made the supreme sacrifice in the service of their country, but the government of the day does not want to focus the country's attention on the fact that our sons and daughters are dying overseas in a military mission for which support at home is dwindling.
Parliament wants the flag lowered on the Peace Tower. The government of the day does not. This is fundamentally wrong, that government can override and trump the will of Parliament in this way.
It is time for Parliament to stand up to the government and declare its independence in the same spirit Speaker William Lenthall declared the independence of the British Parliament in 1672.
If the government considers Parliament only a tenant in its own Parliament Buildings, then it is time for a tenant's revolt.
If the Prime Minister is going to ignore the will of Parliament and refuse to lower the flag on the Peace Tower out of respect for the men and women who are being killed in the service of their country, then he will return to a tenant's uprising because many of us in this Chamber will not tolerate it.
Today, I speak on behalf of the NDP caucus, but I also speak on behalf of the many Canadians who are sincerely grieving the loss of members of our armed forces. In recognition of that national grief, it seems to me that we should be lowering the flag.
If a senator passes away in the service of his or her country while in the job, the flag goes to half-mast. If a member of Parliament passes away during service or if he or she is a member of the Privy Council, the flag goes to half-mast. How is it any less significant if one of our sons and daughters serving overseas is killed in the line of duty?
I feel very strongly and I appreciate my colleague from Kitchener—Waterloo for bringing this motion before the House of Commons today. I feel profoundly strong that this is a motion that should succeed and should pass, and that the government of the day should cede control over parliamentary precinct to the House of Commons.