:
Mr. Speaker, I join with my colleague from to close what seems to be a serious loophole in the Federal Accountability Act. Over the past four years, we have seen that the Conservatives are great at talking but are completely ineffective when it comes to implementing real solutions.
Whether it is on the issue of transparency—where we have the example of departments constantly refusing to agree to access to information requests—or their fiscal abilities—the fact that, for six months, they denied that a recession was imminent and the evidence that it posed a threat to the Canadian economy—or their shameless partisanship in infrastructure funding and advertising contracts to announce a government plan, and we are not talking about a partisan plan, but a government plan that did not need to be announced, this government continues to prove to Canadians that its definition of accountability is completely void of meaning. It has proven, once again, that it is easy enough to talk, but it is much harder to handle the responsibility and transparency that comes with being the government.
The government took advantage of this loophole in the Lobbyist Registration Act as a way around the rules in the act. This is proof that they, most likely, knowingly left this gaping loophole so that parliamentary secretaries could continue this pattern with lobbyists.
At the moment, parliamentary secretaries to ministers are not considered public office holders under the act. This loophole means that lobbyists can meet with parliamentary secretaries, and as we all know, parliamentary secretaries are, to an extent, the ministers' eyes and ears. The fact that these unregistered lobbyists have access to parliamentary secretaries means that nobody knows what goes on in those meetings and there is no paper trail.
That is why we are asking the government to close the loophole, to fix the problem by including parliamentary secretaries in the act's definition of designated public office holder. We hope that this will prevent future secret meetings between lobbyists and Conservatives.
The recent scandal involving Mr. Jaffer and the is proof positive that we have to close this loophole right away. If he had followed the rules and registered as a lobbyist, Mr. Jaffer would have been required to report his meeting with the minister. Moreover, if parliamentary secretaries were included in the definition, Mr. Jaffer would have been required to disclose the fact that he met with the . Everyone agrees that what we are talking about here is a billion-dollar green infrastructure fund.
This situation shows that ministers delegate certain powers, but not the responsibilities that go with those powers. We absolutely have to ensure that when powers are delegated, the responsibility and accountability requirements that go along with those powers are too.
The Conservatives only started making promises about accountability after they got caught in the act. However, it seems clear that if they cared about responsibility and accountability at all, they would have kept their 2006 election promise to make ministers responsible for reporting their meetings with lobbyists. Why has it taken four years?
The Conservatives promised that ministers and senior public office holders would be required to report all contact with lobbyists. Today we are asking the government to finally honour that promise, which should also apply to parliamentary secretaries. This rule should cover all parliamentary secretaries so that the Conservatives can no longer use them to avoid accountability, as they do now.
In fact, whether or not grants were given in the case that triggered this whole controversy has very little to do with the essence of the legal loophole we are addressing today.
The letter of the law is absolutely meaningless if its spirit is not respected. Ministerial accountability does not apply only when public funds are being granted. It is crucial in any situation that could eventually lead to that outcome.
On one hand, we have Mr. Jaffer and Mr. Glémaud who claim that they did not register as lobbyists because they were only putting out feelers. On the other hand, ministers have said they did not need to report anything because no funds were granted.
In reality, that has nothing to do with the core of the issue. It is the approach and the attempts that are of concern here. We must not allow lobbyists to approach any government entities, whether ministers or parliamentary secretaries, unless they are duly registered and the outcome of those meetings can be made public in a completely transparent manner.
This is what we are addressing and what we are trying to fix with this motion. I hope all of my colleagues in the House will agree to co-operate with us and plug this loophole once and for all.
:
Mr. Speaker, I appreciate the occasion to address the House and to thank my friends in the opposition for bringing forward a motion that I believe leads us to a fruitful discussion.
Of course, the government of the day introduced the Federal Accountability Act, the toughest anti-corruption law in Canadian history. That was the first bill that we brought forward after the 2006 election. We needed to reassure Canadians that the government was run in an ethical and transparent way and that the people elected to represent Canadians' interests were living up to that responsibility.
The level of trust that Canadians have in their government is closely linked to the perception of equal access to decision-makers. That trust between citizens and their elected representatives is absolutely crucial to a healthy democracy, and all those scandals that had preceded our government during the era of the previous Liberal regime had severely damaged that trust. That is why the government introduced the Federal Accountability Act and raised the bar and the standard of accountability.
Naturally, when we were drafting the act, we looked closely at the systems that were in place. We noted the complete and utter lack of any kind of independent watchdog with the power to investigate lobbying abuses. We were very concerned that even the changes the Liberals begrudgingly agreed to did not go nearly far enough. The Liberals thought it was appropriate to house the Registrar of Lobbyists under the industry ministry. We disagreed. We believed in having an independent watchdog who would be accountable to Parliament, a commissioner, and that is what we introduced with the new Lobbying Act.
The Lobbying Commissioner now reports to parliamentary committees and carries out independent investigations. He does not serve at the pleasure of the government but rather at that of the House of Commons. We gave that office the mandate it needed to investigate breeches in the act and in the code of conduct.
Under the previous government, there was extremely low compliance with registration requirements. The Federal Accountability Act changed all of that. We have accomplished our goal of bringing lobbying into the daylight.
During debate on the act, the former president of the Treasury Board pointed out that people should not get rich bouncing between government and lobbying jobs. He stated, “Lobbyists should not be allowed to charge success fees, whereby they get paid only if they deliver the policy change or the grant their clients want”.
Those two principles guided our government's thinking in making two major changes to our lobbying regime. They are what led us to take the tough step to ban key government decision-makers from lobbying for a period of five years after their positions expire. It is also what led us to ban contingency fees. These two measures have gone a long way to maintain and build upon the trust that Canadians have in their government.
When we introduced the five year ban on lobbying by key decision-makers, some said that it was too tough, but when we take a closer look at those to whom it applies, we realize that our response was measured and responsible. After all, we are talking about people who, by virtue of the position they hold and the duties they perform, exercise a lot of power and influence. We are talking about people who are involved in some of the biggest decisions affecting the well-being of our country. These are people who, through their daily decisions and contacts, have a significant impact on the lives of Canadians and a direct impact on policy and decision-making of the government. Therefore, the people who occupy these kinds of positions need to operate by the highest ethical standards.
I am talking, of course, not only of elected officials on the government side, but of Parliament as well. The Lobbying Act currently applies to ministers, ministers of state and their exempt staff. We brought forward a five year ban on activities that also applies to senior officials, such as deputy ministers and chief executives of departments, agencies, among others.
The opposition members have made the argument over the last several days that Parliament is supreme, that Parliament has all the power and, taking them at their argument, presumably parliamentarians are the ones with all the power. Following further on that logic, if we want the Lobbying Act to provide accountability to those who have the power, then presumably the act would apply to parliamentarians who, according to the opposition's logic, have the power in our system.
On numerous occasions today, my colleagues and I have asked members of the Liberal caucus, who together moved today's motion on the Lobbying Act, whether they would be prepared to subject themselves to the same scrutiny that they wish to put forward onto parliamentary secretaries on the government's side. Up until this moment, we have not had a single, solitary Liberal MP willing to subject himself or herself to that scrutiny.
Canadians do not want parliamentarians of any party, on the government side or opposition side, to engage in double standards or to hold others to standards that they themselves are not prepared to meet. That is why I am looking forward to some members of the Liberal caucus rising here in the House of Commons to consent that they would support the kind of scrutiny on their own activities that they are proposing to thrust upon parliamentary secretaries on the government side.
Therefore, I am putting forward for discussion today the idea that our members of Parliament, senators and the staff in the opposition leader's office should be subject to the same kind of lobbying rules that currently exist for ministers and ministers of state. That would, of course, capture parliamentary secretaries, all of whom are, by necessity, also members of Parliament, and it would put everybody on the same level playing field.
If members of the Liberal caucus believe their conduct is of the highest standard and capable of withstanding the most intense scrutiny, there should be absolutely no objection to that kind of decision. Therefore, I invite members of the opposition to join with me in working together, in the interests of Canadians, to raise the standard by which all members of Parliament conduct themselves in their relations with lobbyists by declaring their support for an extension of the act to apply to all parliamentarians, themselves included.
With that, I will close on the note that Canadians sent us here to raise the level of accountability. I am prepared to work with members of good faith from all parties, and I believe there are members of good faith in all of the parties, to help lift that bar and improve the system that we have put in place together. There is no reason that we cannot, in that same spirit of Canadian co-operation, come together now to restore faith, build upon the faith that Canadians have in our system, eliminate all double standards and treat all parliamentarians equally, at the highest level of accountability and with the best standards in the world.
:
Mr. Speaker, I appreciate the opportunity to speak to this motion. It is an opportunity for all of us to get up on an issue that is important to all of us, the issue of accountability.
Our government has certainly demonstrated over the last number of years its commitment to openness, transparency and accountability. The ethical atom bomb known as the sponsorship scandal caused many Canadians to lose their trust in elected officials.
People will recall that I was elected and the Conservative government was elected on our commitment to change the way that things are done here in Ottawa. There is no doubt that we have delivered. We put accountability and ethical behaviour squarely at the centre of our contract with Canadians and squarely at the centre of our governing agenda.
I can assure the House that our commitment to accountability has not diminished. Accountability is the only thing that will earn the public trust in government; ensuring it is a full-time job and the basis for everything that we do.
The Federal Accountability Act was the first step. This was toughest anti-corruption legislation in Canadian history. Our commitment to ensuring accountability did not stop, though, with the passage of that act in 2006. It continues to be at the forefront of our engagement with Canadians. It pervades every action of this government.
One of the first things we did was to bring forward that act to reduce the influence of big business and big labour's donations in elections. As a result, a law banning contributions to political parties by corporations, unions and organizations and lowering the limit on individuals' political contributions came into force in 2007.
We do not believe that money should drive the political system or that untraceable envelopes of cash passed between Liberal operatives have any place in any government.
When we drafted the legislation, we wanted to ensure that our public servants could report wrongdoing without worrying about reprisals. We put into place a whistleblower protection act to ensure that these brave individuals would be protected.
As a result, Canada has one of the strongest, if not the strongest, whistleblower protection regimes in the western hemisphere. Canadians have a right to expect from their public officials, elected and non-elected, that they act ethically and are accountable for their actions. In almost 100% of the cases, they are accountable and they conduct themselves in this way.
These measures have sent a loud and clear signal that the people who are entrusted with taxpayers' money have a duty and responsibility to look after taxpayers' money. Those who abuse the trust and commit fraud are subject to prosecution and tough penalties.
We have also lowered the annual limit for political contributions from $5,000 to $1,000. We cut the influence of big businesses and big labour on the political process.
Canadians wanted a more open and transparent government and the government delivered. We put into place measures to provide Canadians with broader and better access to more information from public organizations than they had ever had before. For example, we extended the Access to Information Act to over 70 crown corporations. Over 250 organizations are now subject to the Access to Information Act.
To help restore public trust in government, we introduced measures to strengthen ethical conduct among lobbyists as well. One of the key aspects of the stipulation that lobbyists now have to undertake is the requirement that they file monthly reports for lobbying activities that they initiate with ministers, their staff and senior officials. As a result, lobbying is more transparent and open than it has ever been before.
Today, anyone can find out who is lobbying ministers, who is lobbying senior government, and in what context they are lobbying. This information is available on the Internet. Information about lobbying activities such as which lobbyists are communicating with which ministers and senior officials on what topics is available to the public. The government has also drawn a line between appropriate and inappropriate lobbying.
One of the most important changes that we made was to ban people who had been in positions of power from lobbying for at least five years after they leave those positions. We specifically targeted those who would influence the government's choice of policies, programs and services for personal gain.
This act is strict. If any designated public office holder breaches the act, he or she could be subject to stiff sanctions ranging from monetary penalties to jail time. Fines can be as high as $50,000.
These measures have given Canadians one of the most robust lobbying regimes in the world. More importantly, they have given Canadians the reassurance that former senior officials, politicians and their staff cannot use their personal connections to obtain special favours from the government once they leave office.
Our reforms have created the Commissioner of Lobbying and ensured that this agent of Parliament has the power needed to be an effective independent watchdog. This is a considerable break from the Liberal system where only a toothless registrar had oversight of these matters.
These are only a few of the measures that have been taken by this government to strengthen accountability in the public service and to ensure that lobbying is conducted openly and transparently.
I am very proud of the reforms that our government has introduced since first coming to power.
I think it is a little bit rich that we hear the Liberal Party presenting this motion today. It is, after all, the same party that brought us the sponsorship scandal that forced us to take the steps that I have outlined today. It is the same party that kicked and screamed at almost every single step of the process when Parliament was considering the Federal Accountability Act.
We on this side of the House believe that Canadians have a right to know who is pressuring their representatives. We cast a wide net in the Federal Accountability Act, but no system is perfect.
Today we have heard the and the propose that these same lobbying rules be extended to all parliamentarians, to every single member of Parliament and to every senator as well. We also believe that the staff of the opposition leaders' offices should also be subject to these requirements. This only makes sense. After all, these parliamentarians play a key role in shaping public policy and Canadians have the right to know who is meeting with those people.
If the opposition is really serious about accountability to Canadians, they should have absolutely no problem with supporting these measures that were outlined today.
:
Mr. Speaker, I will be sharing my time this afternoon with my colleague from .
I rise today to speak in support of the Liberal motion before us regarding a loophole in the Lobbyists Registration Act that makes it possible to get around the rules in that act. It is a shame that it has come to this. During the 2006 election campaign, the Conservatives were the champions of accountability. Once in power, they quickly pushed accountability legislation through. They were hoping to impress the gallery and set up a smokescreen.
I am referring to the Stand Up for Canada campaign platform the Conservatives waved around like a bible. In that platform, we find things that have lost their lustre over the years. I am thinking more specifically about the parliamentary budget officer position. The Conservatives are doing everything they can to prevent Mr. Page from doing his work. This was clear to us when the government took months to provide him with documents he was requesting. They eventually sent the documents not in electronic form, but in hard copy, in paper form, even though an electronic version existed.
Then there are government appointments. Even though the Conservatives criticized partisan appointments, in March they stacked government boards and commissions with 79 partisan appointments before bragging about cutting vacant positions.
Then there are communications and polls. The Conservatives promised to clean up polls and advertising, but a few weeks ago we learned that they have spent almost $42 million to advertise their economic action plan. That is more than the total advertising bill for all of Canada's breweries combined. The Conservatives spent $42 million to advertise their economic action plan when many non Conservative regions were still waiting for the so-called windfall that action plan was to provide.
Today I want to talk about their 2006 election promise to tighten up the Lobbying Act. Their plan was to require ministers and senior officials to register any communication they had with lobbyists.
What are the provisions in the current Lobbyist Registration Act? It defines paid activities that are to be considered lobbying. As a general rule, they include communications with public office holders for the purpose of amending legislation, regulations, federal policies or programs, obtaining a financial benefit such as a grant or contribution and, in some cases, for the awarding of a government contract or for arranging a meeting between a public office holder and any another person.
The law requires individuals to register as lobbyists when they expect to be paid for lobbying activities. This means that these individuals must provide certain details about themselves and, where applicable, about their business and the subject they intend to discuss. They must indicate, and I quote: “—the name of any department or other governmental institution in which any public office holder with whom the individual communicates or expects to communicate...is employed or serves”. This information is made public when it is entered into the registry of lobbyists.
One of the new rules designed to increase accountability requires lobbyists to file a monthly return when oral and arranged communication has occurred between the lobbyist and designated public office holder. Oral and arranged communications include telephone calls, meetings as well as any other communication arranged in advance. The information is subsequently made public when placed in the registry of lobbyists.
This type of report is not required for meetings with parliamentary secretaries. By excluding the latter from the definition of designated public office holders, the Conservatives have created, in the Lobbying Act, a loophole that they are currently exploiting. The Conservatives drafted this legislation. They know it like the back of their hand and they deliberately created a way to circumvent it.
We must close this loophole to ensure that parliamentary secretaries are required to register meetings they have with lobbyists.
The Conservatives are not keeping their promises. We have asked the to explain in detail the consequences for Conservative ministers and other public office holders who violate the Conflict of Interest Act and the government's own departmental guidelines. Our questions are met with silence.
In April, the Prime Minister's communications director assured Canadians that Rahim Jaffer did not have access to the government, but after weeks of obstruction and denials, one by one, Conservative ministers started panicking and giving out limited information on their dealings with Green Power Generation and its owners, Rahim Jaffer and Patrick Glémaud.
We learned that one Conservative minister, and then another Conservative minister—seven Conservative ministers in total—had opened their doors to Mr. Jaffer and his business.
The documents also reveal troubling and repeated violations of the Conflict of Interest Act and the Guide for Ministers and Secretaries of State, which was created by the Prime Minister himself.
The Conflict of Interest Act is clear about the role of public office holders:
—a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends—
It goes on to say:
No public office holder shall use his or her position as a public office holder to seek to influence a decision of another person so as to further the public office holder ’s private interests or those of the public office holder’s relatives or friends—
It is clear that Mr. Jaffer's friends, the ministers and parliamentary secretaries, or their staff, who personally intervened to fast-track his requests for funding, violated these sections of the act.
An employee in the office of the wrote on a proposal submitted by GPG, “From Rahim—submit to dept.”
When Mr. Jaffer asked for $700,000 for a mercury capture proposal, the 's staff forwarded his request to a senior Western Economic Development Canada official, who asked to have someone review the proposal on a priority basis because he needed to get back to Rahim.
According to one email, the current tried to put Mr. Jaffer in touch with the top official at his former department, the deputy minister of Public Works, about a GPG proposal to install solar panels on government buildings. When the file appeared to stall a month later, the minister's staff ordered bureaucrats to speed up their review.
These infractions are in addition to violations of the 's own Guide for Ministers and Ministers of State, which states that:
Ministers and Ministers of State...are responsible for ensuring the bona fides of those with whom they have dealings... Public office holders shall act with honesty and uphold the highest ethical standards so that public confidence and trust in the integrity, objectivity and impartiality of the government are conserved and enhanced.
Since the Conservatives continue to place themselves in conflict of interest situations and violate various codes of ethics, members of the current government must be accountable. They have to drop the “do as I say, not as I do” attitude.
Currently, parliamentary secretaries to ministers do not fall within the Lobbyist Registration Act's definition of designated public office holder.
We have to eliminate this loophole to make parliamentary secretaries accountable to the public with respect to their contact with lobbyists.
We urge the government to fix this problem by including parliamentary secretaries in the act's definition of designated public office holder to prevent future secret meetings between lobbyists and Conservative loyalists.
The Conservatives only make promises about accountability when they get caught. If they cared about accountability at all, they would have kept their 2006 election promise to make ministers responsible for reporting their meetings with lobbyists. Why has it taken four years?
:
Mr. Speaker, I am happy to join the debate on a motion that would close a loophole, put into place by the Conservative government. I will speak directly to what the reasons are behind this loophole.
The motion before the House, as moved by my hon. colleague from , is clear and concise. It seeks to close a loophole that allows parliamentary secretaries to meet with lobbyists and provide special access to their special friends of the Conservative Party.
I would like to discuss the blatant breech of conflict of interest the Conservatives have so successfully accomplished. I will outline the lack of transparency and the lack of disclosure of which the government is guilty. I will be addressing the question that is on the minds of all Canadians: Was this loophole a maliciously brilliant scheme, or was it an incompetent oversight by the ? Either way, it is something that should have been addressed years ago, not after parliamentary secretaries have been caught with their hands in the proverbial cookie jar. Conservatives will argue that those hands came up empty, no cookies. Let us face it, once the hand is in the jar, even the resonant crumbs are enough to raise questions.
The past month has shown the Conservative culture of deceit grow to epic proportions. We have watched the development of the real Conservative culture: special access for special friends. What is this special access? Who are the special friends? How do we get special meetings and privileged access that most people only dream about?
Special access is the ability to have a meeting with a public office holder who has insight into where the money is kept for government contracts or funding and access to those who approve those contracts and programs. The Federal Accountability Act clearly states at part 1, paragraph 7:
No public office holder shall, in the exercise of an official power, duty or function, give preferential treatment to any person or organization based on the identity of the person or organization that represents the first-mentioned person or organization.
Who are public office holders? This is where it gets very interesting. According to the Federal Accountability Act, they are: a minister of the Crown, a minister of state or parliamentary secretary, a member of the ministerial staff, a ministerial adviser or Governor-in-Council appointees. Two words that stand out are “parliamentary secretary”. What is most interesting, however, is the definition of designated public office holder in the Lobbying Act which states that:
A minister of the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1) of the Public Service Employment Act.
What is missing here? Those two elusive words, “parliamentary secretary”. One can only conclude that “parliamentary secretary” is missing by design. Since April 8 of this year, the truth has come out. Canadians have learned about secret meetings between parliamentary secretaries, their staff and friends. At last count, seven ministers and parliamentary secretaries.
We know about these meetings. They are not secret any more because the Conservatives have been embarrassed into disclosing their contacts. Why? Because they are hiding behind the Lobbying Act. They are not mentioned in it, that is why. Yet the Conservatives have conveniently ignored their very own Federal Accountability Act. Special access for special friends.
There is no definition in either act but Canadians know very well what it means. It is clear. It means people who have privileged access to people in power, people who would not otherwise have had access without high power connections. This is a blatant breech of conflict of interest.
A typical group seeks a grant, a contract or funding for a program, fills out an application and submits it, sometimes on-line, into a deep, dark vortex. Then they hire a potentially $600 an hour lobbyist who is registered to follow up and guide their application or steer it to the right channels or the right people. By law, all these actions are to be recorded. Obviously, not all actions are, only convenient ones, or at least until a person is caught.
In this case Mr. Jaffer, the former Conservative caucus chair, did not register as a lobbyist because he was technically not being paid upfront to lobby on behalf of his client. However, evidence reveals that finders' fees were anticipated. Mr. Jaffer's business model relied on success fees, or contingency fees or equity in companies. What a windfall to a company seeking funding if it was successful. That news alone could send its stock soaring. If the principals had equity in the company, they could sell for a lucrative profit. This is what is called “pump and dump” and it too is illegal.
Because Mr. Jaffer had friends in high places, he had privileged access to parliamentary secretaries to review his files and send them along to the relevant minister responsible, possibly accompanied by a personal note, “From Rahim with love”. Maybe not “with love”, but there is a definite privileged access to friends in high places, the same friends who can review a file, rather than allow it to sit idle for months in the great vortex that I described.
Where are the ethics in this situation? Where is the transparency? While not technically illegal, this situation I have described is clearly immoral and unethical. Why? If it were not for Mr. Donovan of the Toronto Star on April 8, these secret meetings and the conflicts of interest would have no end and would have flown directly under the radar of Canadians and of Parliament.
Since then, ministers, ministers of state, and yes, even parliamentary secretaries have come forward admitting to private meetings. Why? They have been caught with their hands in the cookie jar and they are in a conflict of interest and a breach of ethics.
The parliamentary secretary for transport, the member for , was put in charge of a $1 billion fund for green infrastructure. This was a known fact within Conservative circles. Mr. Jaffer took advantage of this insider information. We also know that the member for and his staff had direct contact with Mr. Jaffer. The parliamentary secretary was clearly in a breach of the Conflict of Interest guidelines, an obvious loophole and a self-created legal buffer made by the Conservative government in the Lobbying Act.
What happened here was not an innocent oversight, but a deviously brilliant, immoral and unethical one which created a legal buffer to protect the minister and allow parliamentary secretaries to breach Federal Accountability Act rules, the 's very own guidelines and the lobbyist registry regulations.
Canadians demand that Parliament and parliamentarians be trusted with such delicate matters as ethics, and so do I. The Conservatives came riding in to Parliament on their sanctimonious high horse and moved a Federal Accountability Act and Lobbying Act that are toothless and allow for a deviously brilliant loophole to exist to help them circumvent the law, certainly circumvent ethics.
Here is a quote, “what is appropriate is that we fulfill our election commitments by ensuring that everybody respects the Lobbyists Registration Act and that we put real teeth into it”. Who said that? It was the , that is who. Where are the teeth? Why are parliamentary secretaries not included? Where are they?
Here is another quote, “We also want to make it the law that one has to record every single contact with a lobbyist” Who said that? It was the . Who was he referring to? Obviously it was not parliamentary secretaries. It is very convenient, is it not?
Why take so long to record these contacts? Why wait months, a year, or more, who knows? The culture of deceit is out of control.
The parliamentary secretary for transport, the member for , says that he did not breach the Federal Accountability Act, but he clearly broke the conflict of interest rules and he acted against the spirit of these guidelines and the act. Mr. Jaffer said that he did not breach the Lobbying Act and was not a lobbyist. He too broke the moral and ethical spirit of the law and acted as a lobbyist. If one attempts to rob a bank and finds that there is no money in the vault, it does not mean one is not a bank robber.
When people have special access to special friends, magical things can happen. Red tape is eliminated. The vortex quickly becomes dinner and cocktails with friends at high-powered restaurants. It means privileged private citizens such as Mr. Jaffer can use a parliamentary office and email account to conduct business. It means opening the door to the PMO. Most noticeably, it is the ability to avoid registering as a lobbyist to avoid reporting those meetings, something the Conservatives have become masters of through their self-regulated legal buffer and loophole. This loophole is a premeditated measure to allow special access to special friends.
I hope the opposition parties will support this motion. The Bloc says that the Federal Accountability Act is flawed and now is its chance to add teeth. The NDP has handled the Jaffer scandal on both sides of the fence. I hope it can take a stand that will make a difference.
I will be supporting this motion, and I hope all members will do the same. It is good for Parliament and it is good for all Canadians.
:
Mr. Speaker, I am pleased to have the opportunity to enter into the debate on this very important subject of lobbyists and the influence lobbyists have on our parliamentary democracy, which I believe is undue influence. If there is one good thing that comes out of the scandal involving Rahim Jaffer and the member for , it may be that Parliament feels compelled to revisit the role lobbyists play in the Ottawa of 2010.
Hopefully, a strong outcome or resolve will be reached by the process of the debate we are having today, which may lead to meaningful change that would finally tie a bell around lobbyists' necks. Then we would know when lobbyists were skulking around in the corridors of power and with whom they were meeting, and we would have some fighting chance to take measures to uphold the democratic process and not fall victim to what we believe is undue influence by lobbyists in Ottawa.
We thought we were doing that with the Federal Accountability Act. I was a member of the committee that went through the whole process on the Federal Accountability Act. We were dealing with so many egregious failures of ethics on the part of the Liberal Party that we were consumed with their ethical shortcomings to the point where we were trying to do perhaps too much too fast.
In the bad old days of the Liberals, there was so much traffic between the offices of senior lobbyists and the PMO, they had to have a revolving door installed. In fact, it became a safety hazard. People were getting nose bleeds because the revolving door was spinning around so wildly between the offices of Earnscliffe and the Prime Minister's office. The same individuals did not know where they were half the time. They had to be reminded which hat they were wearing.
That is how ridiculous it was getting in the days of the Liberal regime, so we trusted the Conservatives. We believed that the Conservatives were as appalled about the Liberal lobbying influence in Ottawa as we were. We took it at face value that all the opposition parties were sincere in their abhorrence of the regime that was put in place so that well-connected Liberal lobbyists could gain privileged access to the corridors of power, to set up their friends to get not just one paw into the cookie jar but both paws at once.
We took extraordinary steps in the Federal Accountability Act and I supported the motions. Little did we know. It took Liberals 13 years to get so corrupt and arrogant. As I pointed out before, the virus seems to have mutated because it took the Conservatives only four years to reach that level of arrogance and deceit, to where they now are the ones who seem to have put in place a regime where well-connected Conservative lobbyists now rule the roost in Ottawa.
Lobbyists are like bats in an attic. They are very difficult to get rid of, they cannot stand the light of day and if they are left there long enough, they rot one's timbers. I find we are faced with this problem today.
I know you will probably agree with me, Mr. Speaker, because I know your reputation for cleaning up corruption in Ottawa in your long career here, but it is very worrisome to me that the most senior lobbyists in Ottawa are also the most senior operatives in the Conservative Party. They are the very same names, those talking heads we see on TV, Tim Powers, Geoff Norquay, John Reynolds, Ken Boessenkool, Yaroslav Baran, Monte Solberg. All these guys, the most senior characters in the lobbyist world, are the most senior characters in the Conservative Party, and there is no effort to even hide it.
We see a guy like Tim Powers on TV introduced as “Conservative Party spokesman, Tim Powers”. He is actually a lobbyist. He is another guy who is whirling around in the revolving door. He probably has to pinch himself or have one of his staffers remind him where he actually is, in the PMO or his lobbyist boardroom.
The problem is getting out of hand. It undermines the most fundamental tenets of our democracy, that we should all have equal access to the government's grand largesse and the services it offers. Some people should not have better access than others based on their ability to trade on their connections or trade on the experience they developed in public life and are now trying to sell to private or personal interests.
That is the whole principle here. When we are in private life, we are not supposed to dine out on the connections we made in public life, unless that information is publicly available. It offends the sensibilities of most Canadians. It offends the ethics standards, the code of conduct and the conflict of interest codes, and it offends the Criminal Code of Canada when it passes a certain point.
The difference between lobbying and influence peddling is about five years in prison. Influence peddling is a very serious offence under the Criminal Code of Canada. In fact, section 121 is right up there with high treason in terms of high crimes and misdemeanours. That is how seriously those who drafted the Criminal Code wanted to condemn the practice of influence peddling.
We only have to look south of the border to see how lobbying has bastardized democracy. Capitol Hill in Washington is riddled with lobbyists. Finally, the Obama administration is putting its foot down. Obama made a speech recently. As his administration's next project, after the health care bill is finally through, he is going to drive the lobbyists off Capitol Hill. He is going to drive the money lenders from the temple. It is his goal and stated objective to clean up Capitol Hill from the undue influence of lobbyists.
We should be doing the same on Parliament Hill today. We should minimize their influence, tie a bell around their necks so we know whose office they are meeting in and what they are talking about and curb their opportunities to get both hands into the cookie jar. That is what we should be doing in Parliament in this debate today.
Let me give an example of why the public has a right to know who has the minister's ear. Let us put it in the context of the BP offshore oil rig disaster, the terrible environmental disaster that is happening in the Gulf of Mexico today. We have a right to know if most of the people the is meeting with are oil executives.
If there have been 120 registered visits from BP, Exxon, Shell and all the big oil companies, and the minister has been willing to meet only once or twice with the David Suzuki Foundation or whoever the environmentalists are, the public can use that information. The public should have that information. They might not be there with their hand out for some kind of grant or contribution. They might be there trying to shape public policy or environmental policy.
It would be very useful information for the public to see who has the dominant advantage of the ear of the minister. Those guys show up with well-connected, brand-name, Conservative lobbyists to break through the gatekeepers and barriers in getting access to the minister. They are very good at it. They sell access.
We learned in the Rahim Jaffer case that there are people out there with a commodity to sell and that commodity is access to the public office holders who create public policy. Taking it a step further, they are selling as a commodity their influence over those public office holders in the decision making that takes place.
That is what is fundamentally wrong. The public should be outraged at this issue, and I believe it is. I believe the public gets it. The public is aware that this kind of influence is taking place. Ordinary Canadians would have to pack a lunch if they wanted to penetrate the red tape associated with a fund like the government's green infrastructure fund. They had better dig in, camp out and get ready for a long fight if they are going to figure out how that fund is being administered.
However, if we phone a well-connected Conservative lobbyist like a Rahim Jaffer, all of a sudden the doors open and public servants jump and things are done immediately.
I have a quote from an email, “Rahim wants an answer by Friday and by the way, we will see you at the golf tee-off time next month”. This is a correspondence between Rahim Jaffer and a senior public office holder getting information about the green infrastructure fund that I and ordinary Canadians would not have a hope in hell of actually getting any access to. It is a graphic illustration, a depiction, of everything that is wrong with Ottawa in 2010.
Again, if there is any positive outcome from our examination and investigation of the application and administration of the green infrastructure fund, it might be that parliamentarians are finally seized with the issue that we are ready to take back our democratic institutions from those who seem to have undue influence and undue control over those very institutions.
I am not overstating things to say that the undue influence of lobbyists undermines the most basic tenets of our parliamentary democracy. It is not an overstatement at all. In fact, we are sounding the alarm, blowing the whistle on these guys, that enough is enough. We do not want to follow the route of the United States where nothing happens without the undue influence of lobbyists.
One of the best points made today, that I am really grateful, was brought to the floor of the House of Commons was made by my colleague from who introduced into this debate a brand new element, one that is rarely discussed and I believe cannot be overstated. Not only should we be demanding that parliamentary secretaries fall under the category when they are under the lobbyist rules. And not only should the onus be on public office holders to declare the meetings as well as the lobbyists.
Those two things are important and we support them. But the one element my colleague brought to this debate was that we also have a right to know the amount of money involved and the budget of lobbyists on various campaigns. They should have to declare it.
It should have to be public because in the same spirit and principle that we should be getting big money out of politics, we should also then be making the case that big money should not be able to buy influence in terms of public policy, legislation, or crafting the direction we may take as a country. It is a glaring oversight.
The principle that was put in place that we should get big money out of politics is absolutely correct. We left a glaring oversight by mistake in place. Whether it is big pharma, big oil or whatever the lobbying group is, they can launch a $100 million campaign to change the minds of parliamentarians to get a certain bill passed. How does the ordinary Canadian compete with that kind of influence?
There are interests in Canada that would pay anything to put in place a regulatory framework that would advance their private or personal interests. We have to protect ourselves from that undue influence or else our democracy and all the work we do to uphold the greatest parliamentary democracy in the world is in jeopardy. Otherwise, we might as well pack up our tent and admit that big money can still buy influence in this country.
I hope that as this debate concludes today one of the things we will take away from it is that we must put in place rules. We must put in place full disclosure requirements so that a lobbyist firms or lobbyists will have to post the amount of money they have spent on a campaign. In fact, there should be spending limits on how much they can spend because ordinary Canadians or the other side of that debate or argument should be on the same level playing field. Public policy should be shaped on the merits of the case and not on the depth of the pockets or the size of the chequebook.
This is one of the things that we have been so frustrated about. Really, the nub of the whole debate is that the public has a right to know who is influencing policy in this country, this Parliament and this government.
We would like to believe that our electoral process put 308 members of Parliament in this chamber and it is Parliament that decides the direction that this country will take in key important areas of public policy.
Let us not kid ourselves. There is another dynamic, another force at play here, that perhaps is shaping the direction Canada takes in the way that ordinary Canadians, all in good faith, cast their ballots in a way they would never have imagined.
One cannot swing a cat in Ottawa without hitting a lobbyist trudging up and down the hallways of this Parliament Building. They have access to the most privileged, senior offices in Parliament.
Another thing we should discuss today, and one of the things that has always bothered me, is that some of the most prominent lobbyists today on Parliament Hill are former members of Parliament. They wear their parliamentary pin, which gives them unlimited, exclusive access to virtually every corridor and office on Parliament Hill. They breeze by security with a wave of the hand and a “How are you”? and a “Thank you”.
I have waited many times for a machine in the member's gym because it is clogged up by some lobbyist who was a member of Parliament from 1984 to 1988 but forever wears that parliamentary pin in his lapel. Every time I want to use that machine there is a lobbyist on it. Then those lobbyists will be in the parliamentary dining room, brushing shoulders with decision makers and senior cabinet ministers. Somehow we have to curb the undue influence of these former members of Parliament who have been skulking around Parliament and get very privileged access.
I have seen lobbyists in our lobby. I think we should have a lobbyist alert. We should have a lobbyist watch. An alarm would go off whenever a lobbyist is in the lobby. We have to get the lobbyists out of our lobby. They should not be in there. Some of them get paid $600 an hour for every contact they make with a member of Parliament. All they have to do is walk through the opposition lobby and they are rich. It is wrong.
I would not want to name names in the context of a debate like this, but guys like Don Boudria are always under foot. We are always bumping into that guy in the wrong places.
Lobbyists should not be rattling around Parliament Hill unchecked. They should always be on a leash, and on a very tight leash so that they do not get into trouble and they do not make a mess in places where they are not supposed to be.
We have made big progress in this debate today. I want to challenge two of the government's responses. This really bothers me after all the questions in question period associated with the Jafferlena debate.
The falls back on two patented responses now. I think he has a copyright on these things. The first response is that there is no harm, no foul, because Mr. Jaffer never received any money. This is almost laughable. I notice the Liberals are saying what I was saying. It is like the analogy of robbing a bank and the vault is empty, but that does not mean no offence took place.
It is still against the law to lobby illegally even if an individual is unsuccessful, even if an individual is a bad lobbyist. If someone is lobbying illegally, that individual is lobbying illegally. If someone is influence peddling, it does not matter if there was no benefit to peddling influence, it is still a criminal offence under section 121 of the Criminal Code.
The other thing that the would have us believe is that the government has done nothing wrong because it is up to the lobbyist and the lobbyist alone to register.
We have established that there is an obligation on the part of ministers to uphold not only the letter but the spirit of the law, the very law that the government ran in to office on, the very law that was a centrepiece of its legislative agenda. It has a duty and a moral and ethical obligation if nothing else, to uphold both the letter and the spirit of the law.
The spirit of the law is that the public has a right to know if there is any illegal lobbying going on. That is why we crafted the Lobbyists Registration Act to begin with. It is almost laughable to hear the and anybody else who answers questions on the Jaffer affair with, “We did nothing wrong. It is only up to the lobbyists”.
We hope to correct that today. We hope that Parliament speaks loudly and clearly when we vote on this particular resolution today, that the burden, the onus, and the obligation is on both parties.
It takes two to tango. It is not particularly difficult, on the part of a minister, to post, declare and disclose when a minister has met with a lobbyist and what the subject matter was any more than it is an onerous duty on the part of the lobbyist. That has to be fixed.
:
Mr. Speaker, I am pleased to have the opportunity to speak today to the motion from the Liberal Party. Given the hour, I suspect that my remarks may be the last during today's debate.
We have heard arguments from the opposition members today, some more informed than others, on the reality of the situation when it comes to lobbying in this country.
We have also heard members on that side state a number of times that the government was opposing today's motion. This is baffling, as I am quite sure that at no point during the debate did any member of the Conservative Party speak in opposition to the motion before us today.
Instead, we have not only accepted the proposal that parliamentary secretaries be covered by the requirements of the Lobbying Act, but we have gone a step further. We on this side have proposed that these rules not only cover parliamentary secretaries but also members of Parliament, senators and political staff in the offices of the opposition party leaders. So far, however, not a single member on that side has been open to that challenge.
I find myself at a loss to understand the situation we find ourselves in here today. On one hand, we have the Liberal Party talking about accountability but , on the other hand, these same Liberal members are unwilling to even consider complying with the same lobbying rules that public office holders abide by every day.
We are talking about some pretty basic requirements. We are asking members of the House to accept public releases of names and topics of their meetings with lobbyists. We are asking members to conduct their meetings in the light of day. We have no concern doing that on our side of the House. We have nothing to hide.
The member for even argued that opposition MPs do not have any role in the development of public policy. However, we know that is absolutely misleading. Right now there is a good chance that there is a meeting between lobbyists and opposition MPs behind that curtain.
The members on that side of the House seems to have convinced themselves that they should not have to be accountable to Canadians. Can anyone on that side of the House look their constituents in the eye and claim that they have no right to know who their MP is meeting with or that Canadians have no right to know what they are discussing? I find that hard to believe.
The reality is that the Liberal Party thinks that it finally has a leg up on the government when it comes to accountability. However, the strange thing is that when members on this side ask the Liberals if they are willing to be accountable, they dodge the question.
We have heard evasive answers from that side of the House saying that government is free to bring forward legislation. The problem with that approach is that we have already seen what happens when we bring forward legislation to improve accountability. When we brought forward the Federal Accountability Act, those members kicked, screamed, squirmed and did absolutely everything possible, at nearly every stage, to delay and obstruct the legislation, and that was right after the sponsorship scandal.
The problem is that the Liberal Party has never grasped that it answers to Canadians. It has never grasped that it reports to Canadians, not the other way around.
What are Canadians to make of this?
We on this side support the motion we are debating today. There was no deliberate conspiracy to create a loophole in the Lobbying Act. We formed government at a time when Canadians were deeply mistrusting politicians and their representatives. We took quick action to create a regime that would provide accountability to all Canadians and we cast a wide net.
However, no system is perfect. We are always looking for ways to improve these rules. We will support this motion today. We are looking at options to go even further to ensure that we are all accountable to Canadians. I hope the opposition will support us in moving forward with this.
:
Mr. Speaker, the hon. member who just spoke a minute ago asked where the Liberals were during the last three or four years. I would just remind him that in the last three or four years we were not in government. In the last three or four years we did not have Rahim Jaffergate. In the last three or four years nothing like this occurred so that we could bring in this motion, for example, or this suggestion.
Legislation develops as our country changes and society changes. Things happen and we address them. If there is higher crime, we bring in legislation to address it. I am puzzled today because I know the Conservative government introduced certain pieces of legislation to address crime and justice issues. I and my party thought they were good pieces of legislation to help our country and protect our society and we supported them.
I want to read into the record the motion from my Liberal colleague from , which reads:
That, given the apparent loophole--
And the key word here is “loophole”. We just simply discovered that there is a loophole, something that we did not know two, three or four years ago.
--in the Lobbying Act which excludes Parliamentary Secretaries from the list of “designated public officer holders”, the House calls on the government to take all necessary steps to immediately close this loophole and thus require Parliamentary Secretaries to comply fully with the Lobbying Act, in the same manner as Ministers are currently required to do.
There was a friendly amendment from my Liberal colleague from . He spoke in question period and clearly outlined that when anybody approaches any minister or any parliamentary secretary with a proposal, that it is a violation of the act. The Conservatives' justification is that they were asking but they did not receive money.
I have always believed that Canadians are rather smart people and they will be able to read through this. While they were checking around to see what moneys were available, they submitted their proposals and they are saying that they did not receive any money. That is because the proposal, supposedly, so far, has not been accepted. They justified it that way.
What would have happened if the proposal, hypothetically, moved forward? What would have happened if one of the many proposals that were put forward by Mr. Rahim Jaffer was accepted? Then they would say, “Put the brakes on. Let me go register and then I will come back”.
Canadians will not buy that and they do not buy that. If the Conservatives believe they represent the people, they should be checking with their constituents. Canadians are not buying that. As I said earlier today, it is like when people go to rob a bank and there is no money in the vault, would the cops come in and say to the robbers that because there was no money they can leave?
We talk about premeditated activities. Premeditated murder is an example. If somebody is charged with premeditated murder, what does that mean? That means that somebody is making an attempt to do it. They did not murder the guy so that is okay, they can get off because they did not murder him.
That would be attempted murder.
Mr. John Cannis: Attempted murder, thank you, I stand corrected, but it is also premeditated, because Rahim Jaffer's plan was premeditated after he lost the election. I apologize and I thank the member for correcting me. It was attempted murder.
I want to get into their defence which is the supposedly $49 million from adscam. We did the right thing as a party. We opened the books for Judge Gomery, because had then Prime Minister Martin not given the directive to open the books, that commission of judicial inquiry would never have happened. That is what we are asking the Conservative Party to do every now and then, to totally open the books, but it does not want to. We must tell Canadians.
The inquiry was front and centre. Canadians had the opportunity to tune in any time they wanted. At the end of the day, they caught the culprits. They caught the people who stole the money. Did we fine them? Of course we did. Did they go before the court? Of course they did. Did they pay restitution? Of course they did. Was any Liberal member of Parliament charged? No.
The Conservatives are standing here in the House of Commons misleading Canadians. They are being intellectually dishonest with their comments to justify their wrongdoing. They are trying to justify that it is okay for one of their people, in this case Rahim Jaffer and God knows how many others, according to the newspapers, to waltz around in a circle. The media talks about conflict of interest guidelines and Rahim Jaffer waltzing into several ministers' offices, pitching his business plans, et cetera. This went on for months and months. It was illegal. How do the Conservatives justify it? They justify it by saying that he never got any money.
When the was handing out contracts that were for more than $25,000 and needed to be tendered, he came back and said that they did not know and they would not do it again. That was from a senior minister who served as a finance minister in the provincial government of Ontario. Shame on him. He knew the rules. We all knew the rules. Then the Conservatives turn it around and say they will not give somebody a $100,000 contract. They break it down to $24,980, and that way there does not have to be a tender.
The veil of deception in the government is unbelievable. I tell my good friends over there that Canadians are catching on. Canadians are waking up. That is why this properly thought out motion by the Liberal member for is before us. That member has been right on in this file. When she asks tough questions, the Conservatives try to corner her. She is trying to do the right thing for this time. This did not happen three years ago. Otherwise she would have told us. It happened now, and I thank her personally for bringing the motion forward.
I close by saying that Canadians are seeing beyond the veil of deception and the secrecy of those people. We cannot get information. Come judgment day, Canadians will judge them accordingly.