Bill Siksay gave notice of the following motion:
That the Committee report the following to the House:
On Thursday April 1, 2010, the Committee agreed, pursuant to Standing Order 108(3)h)(vi) and the motion adopted by the Committee on the same day, to undertake a study on allegations of interference in access to information requests. A copy of the motion adopted by the Committee is appended to this report.
1) In the course of this study, the Committee chose to invite Sébastien Togneri to appear before it. Here are the facts:
On April 12, 2010, the Committee sent Sébastien Togneri an invitation to appear before it on May 6, 2010. On April 28, 2010, Mr. Togneri’s lawyer sent a letter to the Committee saying that Mr. Togneri would not appear before the Committee. On May 4, 2010, the Committee adopted a motion (appended) to summon Sébastien Togneri to appear before it. Sébastien Togneri appeared before the Committee on May 6 and 11, 2010, and was informed at both meetings that his summons to appear remained in effect.
On May 25, 2010, the Leader of the Government in the House of Commons made a statement regarding the attendance of ministers' employees before parliamentary committees. A copy of this statement is appended to the report.
The Committee received a letter dated May 31, 2010, from the Minister of Natural Resources, noting that he had “instructed Sébastien Togneri and Jillian Andrews that I will appear before the Committee in their place”. A copy of this letter is appended to the report.
Mr. Togneri refused to appear at the June 3, 2010, meeting even though he was not duly discharged.
2) In the course of this study, the Committee chose to invite Jillian Andrews to appear before it. Here are the facts:
On May 25, 2010, the Leader of the Government in the House of Commons made a statement regarding the attendance of ministers' employees before parliamentary committees. A copy of this statement is appended to the report.
On both May 27 and 28, 2010, the Committee sent Jillian Andrews invitations to appear before it on June 8, 2010. Jillian Andrews never replied to those invitations.
The Committee received a letter dated May 31, 2010, from the Minister of Natural Resources, noting that he had “instructed Sébastien Togneri and Jillian Andrews that I will appear before the Committee in their place”. A copy of this letter is appended to the report.
The Committee decided to summon Jillian Andrews to appear before it on June 8, 2010. The bailiff in charge of serving the summons made many attempts to contact Jillian Andrews to make arrangements to serve the summons (see bailiff’s reports appended). Although Jillian Andrews was aware of the bailiff’s various attempts to contact her, Ms Andrews did not reply to the bailiff. Jillian Andrews did not appear (or show herself) at the meeting of the Committee on June 8, 2010. On June 8, 2010, in light of the many unsuccessful attempts by the bailiff to serve the summons to appear on Jillian Andrews, the Committee adopted a motion (appended) that the summons be considered duly served, given its public nature, and to require Ms Andrews to appear no later than June 16, 2010.
Ms Andrews did not attempt to arrange an appearance before the Committee by June 16, 2010.
3) In the course of this study, the Committee chose to invite Dimitri Soudas to appear before it. Here are the facts:
The Committee invited Dimitri Soudas to appear before it as part of its study into allegations of interference in access to information requests. Mr. Soudas was scheduled as a witness at the Committee’s May 11th meeting and he was present in the committee room on that date. However a fire alarm interrupted the Committee meeting and the Committee did not hear from Mr. Soudas or question him.
On May 25, 2010, the Leader of the Government in the House of Commons made a statement regarding the attendance of ministers' employees before parliamentary committees. A copy of this statement is appended to the report.
On May 25, 2010, Mr. Soudas was scheduled to appear before the Committee. He telephoned the Clerk of the Committee prior to the meeting to say that he would not attend citing the announcement by the government that political staff would not appear before Committees.
On both May 27 and 28, 2010, the Committee sent Dimitri Soudas invitations to appear before it on June 10, 2010. Dimitri Soudas never replied to those invitations.
The Committee received a letter dated June 1, 2010 from the Prime Minister in which he stated that “the purpose of this letter is to inform the Committee of my instruction to Mr. Soudas that he will not appear before the Committee.” A copy of this letter is appended to this report.
The Committee decided to summon Dimitri Soudas to appear before it on June 10, 2010. The bailiff in charge of serving the summons made many attempts to contact Dimitri Soudas to make arrangements to serve the summons (see bailiff’s reports appended). Although Dimitri Soudas was aware of the bailiff’s various attempts to contact him, Mr. Soudas did not reply to the bailiff. Dimitri Soudas did not appear (or show himself) at the meeting of the Committee on June 10, 2010. On June 8, 2010, in light of the many unsuccessful attempts by the bailiff to serve the summons to appear on Dimitri Soudas, the Committee adopted a motion (appended) that the summons be considered duly served, given its public nature, and to require Mr. Soudas to appear no later than June 16, 2010.
Mr. Soudas did not attempt to arrange an appearance before the Committee by June 16, 2010.
Conclusion
In light of these matters, the Committee has reason to believe that a breach of privilege may have occurred. The Committee feels it is its duty to place these matters before the House at this time so that the House can take such steps as it considers appropriate.
Appendices
1. Committee Motion, April 1, 2010, re: undertaking a study on allegations of political interference in access to information requests
2. Committee Motion, May 4, 2010, re: summoning Sebastien Togneri
3. Statement by the Leader of the Government in the House of Commons, May 25, 2010
4. Letter from the Minister of Natural Resources dated May 31, 2010
5. Bailiff’s reports
6. Letter from the Prime Minister dated June 1, 2010
7. Committee Motion, June 8, 2010, re: summonses to Jillian Andrews and Dimitri Soudas being duly served and requiring them to appear no later than June 16, 2010