Committees / Reports

October 9, 1997

Debates, pp. 689-90

On October 1, 1997, Judy Wasylycia-Lewis (Winnipeg North Centre) raised a question of privilege regarding the premature disclosure and subsequent publication of a draft report of the Standing Committee on Industry on April 18, 1997, during the previous Parliament. She stated that, although the fifth report of the Industry Committee was presented to the House of Commons on April 23, 1997,^[1] a response by that department to an access for information request had revealed that, on April 18, 1997, Industry Department officials were in possession of draft copies of the report. Don Boudria (Leader of the Government in the House of Commons) argued that an act that had occurred in a previous Parliament could not give rise to a question of privilege in the current Parliament. Bill Blaikie (Winnipeg—Transcona) expressed concern that government members on the committee had appropriated the report and changed it.^[2] The Speaker took the matter under advisement.

The Speaker delivered his decision on October 9, 1997. He stated that a breach of privilege in one Parliament could be punished by another. He recalled that members of committees and ministers working with committees had an obligation to ensure respect for the confidentiality of their documents. He was nevertheless reluctant to interfere in the affairs of the committee and, referring to a ruling by Speaker Fraser, concluded that he would not intervene unless the committee presented a report on the matter. He ruled that there had been no breach of privilege.

Decision of the Chair

The Speaker: I am now prepared to deal with the question of privilege raised by the hon. member for Winnipeg North Centre on October 1 relating to the premature disclosure and subsequent publication of a preliminary draft of a committee report. The honourable member contends that in the last Parliament a preliminary draft report of the Standing Committee on Industry was divulged.

She states that while the Industry Committee’s fifth report was tabled in the House on April 25, 1997, the Department of Industry’s response to an access to information request shows that on April 18, 1997, Industry Department officials were in possession of a preliminary draft of the report.

Let me first deal with the question of whether a breach of privilege that occurred in a previous Parliament can now be taken up and dealt with by this House.

Erskine May 20th edition makes clear, at page 168, that a breach of privilege in one Parliament may indeed be punished by another. This is reflected again in the ruling of Speaker Jerome on November 9, 1978,^[3] which reaffirms the principle unequivocally. The Chair can therefore entertain the question raised by the honourable member.

In her presentation, the honourable member for Winnipeg North Centre argued that the privileges of the House have been breached in so far as the preliminary draft report has been divulged prior to its presentation to this House.

I want to thank the honourable member for bringing this matter to the attention of the House as well as the government House leader and the honourable member for Winnipeg—Transcona for the assistance they have given the Chair.

In my view this is a matter of utmost importance. Since the standing committees of the House are holding their organization meetings and beginning their work in the 36th Parliament, this is also a most timely issue. It reminds us all of the responsibilities members assume when they serve on committees of the House.

As I stated in my ruling of February 15, 1995,^[4] on a similar matter, confidentiality is a key issue for committees. Members of committees and ministers working with committees have an obligation to ensure that they themselves and those whose expertise they seek, be they personal assistants or departmental officials, respect the confidentiality of their documents and the integrity of their deliberations.

Committees must address their work processes and be very clear about how they expect draft reports and other material relating to in camera meetings to be treated. Everyone present at such meetings, including officials from departments and agencies, must realize their obligation to respect the confidentiality of the proceedings they witness and the material they may therefore be privy to.

In a report tabled in the House on December 18, 1987,^[5] the Standing Committee on Elections, Privileges and Procedure recommended that:

Committees should make clear decisions about the circulation of draft reports—. Equally, committees should give careful consideration to the matters that should be dealt with in camera and matters that should be discussed in public.

That being said, however, the Chair has often expressed its reluctance to interfere in the affairs of committees unless difficulties arising in the committee are put before the House by way of a committee report.

I refer members especially to the ruling of Speaker Fraser given on [November] 7, 1991, which can be found at page 4773 of the Debates. In that ruling he stated:

According to our traditions and practices, the Chair does not intervene in the proceedings of a committee unless a problem has been reported by the committee to the House or in extremely unusual circumstances.

After careful review I have concluded that the present case is not one that compels the Chair to deviate from this well-established practice, for it does not introduce any new element to the body of precedent in these matters.

If after examination a committee were to present a report recommending that this issue required further consideration, the House would have the opportunity of considering the issue at that time.

The Chair has concluded that there is no breach of privilege in this instance and that it is not appropriate for the Speaker to intervene at the present time.

As committees take up their work in this new Parliament, I know that all honourable members will be conscious of the responsibility they have been entrusted with and will strive to respect the traditions of this place.

P0909-e

36-1

1997-10-09