Privilege / Miscellaneous

Miscellaneous; committees; request for documents

Journals pp. 173-4

Debates pp. 2133-4

Background

When the House began its sitting, Mr. Brewin (Greenwood) rose on a question of privilege and informed Members of the refusal of Mr. Gérin-Lajoie, the president of CIDA, to comply with a request of the Standing Committee on External Affairs to produce a document dealing with the administration of CIDA which had been prepared by Price Waterhouse. Mr. Brewin explained that Mr. Gérin-Lajoie had acted under the advice of Mr. Sharp (Secretary of State for External Affairs) who preferred to have the request for this document made directly in the House. The committee had reiterated its request, but to no apparent avail. Mr. Brewin concluded by asserting that the "intervention by the Secretary of State for External Affairs is a challenge to the privileges of the House". The Speaker ruled immediately on the proposed motion to refer the matter to the Standing Committee on Privileges and Elections.

Issue

Can the proceedings of a committee be the subject-matter of a question of privilege? Can the conduct of a witness before a committee be examined by the House as a question of privilege? Can the committee itself take any coercive steps against the witness?

Decision

These issues do not constitute a question of privilege. The latter issue should be looked at seriously and a ruling given later. [Parliament, however, was dissolved by proclamation the following day and no ruling was made.]

Reasons given by the Speaker

As has been stated on many occasions in the past, "it might be very unwise for the House to decide that proceedings in one committee be investigated by another committee". It is not procedurally acceptable to raise a proceeding of a standing committee in the House under the heading of privilege except as a report. This applies, as well, to the conduct of a witness; only upon receipt of a report can the House take up the matter. Associated with this problem in this case is the power of a committee to send for papers. It is a fundamental question "whether a committee, without reference and submission to the House, has the authority to exercise that power in every case ... The Chair will have to think about it seriously."