Privilege / Premature Disclosure of Committee Proceedings

Premature disclosure of committee proceedings

Journals pp. 791-2

Debates pp. 8451-2

Background

Following the publication of a draft report of a parliamentary committee in Le Devoir and The Globe and Mail, Mr. O'Connell (Scarborough East) raised a question of privilege and moved "that the unauthorized publication of the confidential draft of a report of the Special Joint Committee of Parliament on Immigration Policy be referred to the Standing Committee on Privileges and Elections".

Issue

Can a motion dealing with a question of privilege be of a general character specifying neither the misconduct nor its agent?

Decision

The motion is not sufficiently specific to grant a prima facie case of privilege.

Reasons given by the Speaker

Although "the House guards the confidentiality of draft reports at this stage of a committee's proceedings and the publication of such a report would raise the strongest suggestion that some act has taken place which offends the privileges of the House", the motion does not contain "any allegation of misconduct which is specifically complained of in terms of a breach of the privileges of the House". The motion does not attribute misconduct to any specific person or group of people.

The motion only suggests an investigation to determine whether a prima facie question of privilege exists, or whether a substantive motion would be in order.

If allowed, the motion would lead to one committee of the House investigating the work or the operations of a joint committee, which is irregular.

The House is not without a remedy if the motion is refused. A substantive motion for an investigation could be put forward. Another possible course would be an investigation, with the proper terms of reference, by the joint committee, followed by a report to both Houses.

Authority cited

Beauchesne, 4th ed., p. 250, c. 320(5).

References

Debates, October 21, 1975, pp. 8395-7.