The Daily Program / Routine Proceedings

October 25, 1995

Debates, pp. 15812-3

On October 18, 1995, after Oral Question, Bill Blaikie (Winnipeg—Transcona) rose on a point of order regarding the Auditor General’s report, which had been presented in the House and referred to the Standing Committee on Public Accounts on October 5, 1995.^[1] Mr. Blaikie argued that the tabling of the report and its referral to committee were not in accordance with the Standing Orders because the report infringed on the Auditor General Act and the conventions and prerogatives of the House. He said that the Auditor General had “overstepped the legal and customary boundaries of his duties as a servant of the House”. The member asked the Speaker to rule the tabling of the report out of order, to call on the Auditor General to present an amended report, and to refer the issue of terms of reference for Reports by Auditors General to the Standing Committee on Procedure and House Affairs. The Speaker reserved his decision.^[2]

The Speaker ruled on October 25, 1995, after Oral Questions. He stated that it was not up to him as the Speaker to interpret the laws of Canada. While noting that the Auditor General Act lists a number of matters that can be dealt with by the Auditor General in reports to the House, the Speaker said he did not feel that it was up to him to determine whether or not the contents of the Auditor General’s report in fact met the criteria of the act. As a result, he could neither rule the tabling out of order nor demand that the Auditor General submit another report. He reminded the House that the Auditor General is not an agent of the government but of Parliament. He added that if the Auditor’s performance is to be reviewed, the forum for such a review is the Standing Committee on Public Accounts: it was within the committee’s mandate to report to the House on any aspect of the Auditor General’s report and the functioning of his or her office of which the committee feels the House should be apprised. The Speaker concluded that if Mr. Blaikie wished to pursue the matter, he was free to bring it to the attention of the Standing Committee on Public Accounts.

Decision of the Chair

The Speaker: I would like to make a statement regarding the point of order raised last week by the honourable member for Winnipeg—Transcona. I would also like at this time to thank the honourable member for Kindersley—Lloydminster and the Parliamentary Secretary to the Government House Leader for their contributions to the discussion.

On October 18 the honourable member for Winnipeg—Transcona rose to question the admissibility of the Auditor General’s report tabled in the House on October 5. The report, which was sent to the Public Accounts Committee for examination, contained what in the opinion of the member were “politically biased statements”.

The honourable member contended that the Auditor General had “overstepped the legal and customary boundaries of his duties as a servant of the House”. He requested that I rule the tabling of the Auditor General’s report out of order, ask that the Auditor General submit an amended report, and refer the terms of reference for Auditor Generals’ reports to the Standing Committee on Procedure and House Affairs.

The Auditor General’s importance to Parliament is indisputable. This House relies on the Auditor General to help it ensure that taxpayers’ dollars are spent for the purposes approved by Parliament and to assist it in holding the government to account for its actions. Under the terms of the Auditor General Act, the Auditor General is empowered to report to Parliament. Under the provisions of Standing Order 108(3)(d), these reports are then deemed referred to the Standing Committee on Public Accounts.

With all respect, my colleagues, any ruling that is made here in this House affects all honourable members. If any business is to be conducted other than the hearing of my decision, I respectfully ask that it be done outside.

The honourable member for Winnipeg—Transcona has long taken an interest in the form and content of Auditor Generals’ reports. I recall that he made a member’s statement in the House on this very subject on November 23, 1994.^[3] It is clear that his view of the appropriate role of the Auditor General is not necessarily shared by the Auditor General.

Those who follow the proceedings of the Public Accounts Committee know that this is an issue that is regularly the object of some discussion in the committee.

The honourable member is absolutely correct in his assertion that the Auditor General is an officer of Parliament. As a servant of parliamentarians and especially of the Standing Committee on Public Accounts, the Auditor General must pay particular attention to whatever difficulties members encounter with his reports in the exercise of their parliamentary responsibilities.

Like any officer of the House, the Auditor General should be diligent in responding to the views expressed by members, especially when there is a pattern to their complaints, lest there result an erosion of a very special relationship.

That being said, I must point out that the Auditor General’s co-operation with the House of Commons and the Standing Committee on Public Accounts is well known.

As the Chair has ruled on a number of occasions, it is not my role as Speaker to interpret the laws of Canada. The Auditor General Act lists a number of matters to be treated by the Auditor General in his reports to the House of Commons. I do not feel, however, that it is up to me to interpret whether or not what is contained in the Auditor General’s report meets the criteria of the law. Therefore, I can neither rule the tabling of the report out of order nor demand that the Auditor General submit another report, as the honourable member requested.

Finally, I must stress the fact that the Auditor General is not an agent of the government. If there is to be a review of his performance, I must agree with the Parliamentary Secretary to the government House leader that the proper place to do so is in the Standing Committee on Public Accounts. The estimates and the reports of the Auditor General are dealt with in this committee on a regular basis. It is within the committee’s mandate to bring to the attention of the House, by way of report, any aspect of the Auditor General’s report and the conduct of the affairs of his office the committee feels the House should be apprised of and should act on.

Should the honourable member for Winnipeg—Transcona still wish to pursue this matter, he has every opportunity to bring it to the attention of the Standing Committee on Public Accounts.

I thank all honourable members for their contributions to this discussion.

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1995-10-25