Parliamentary Privilege / Rights of the House

Contempt of the House: premature disclosure of Speech from the Throne to members of the media

October 23, 2007

Debates, pp. 282-3

On October 16, 2007, prior to the summoning of the House to the Senate for the reading of the Speech from the Throne, Ralph Goodale (Wascana) rose on a question of privilege. He argued that a contempt of Parliament had occurred because copies of the Speech from the Throne had been made available to the media prior to its reading by the Governor General. After hearing from another Member, the Speaker took the matter under advisement and indicated that he would come back to the House, if necessary.^[1]

On October 23, 2007, the Speaker delivered his ruling. He noted that although the premature release of important documents runs contrary to the practices of the House, the source of the leak was not certain. He pointed out that the secrecy usually associated with the release of important documents like the Speech from the Throne and budgets was a convention of Parliament and not a matter of privilege. Accordingly, he concluded that there had been no breach of privilege.

Decision of the Chair

The Speaker: I am now prepared to rule on the question of privilege raised by the hon. House Leader for the Official Opposition on October 16, 2007, concerning disclosure to the media of details of the Speech from the Throne prior to its reading by Her Excellency the Governor General to both Houses of Parliament.

I would like to thank the House Leader for the Official Opposition for bringing this matter to the attention of the House, as well as the hon. Government House Leader for his contribution on this question.

The House Leader for the Official Opposition, in raising the matter, pointed out that copies of the Speech from the Throne were made available to the media before Her Excellency read the Speech in the Senate Chamber. The Government House Leader also expressed his concern about this situation, which he described as troubling.

I, too, view such matters seriously, as I know all hon. Members do. The premature release of important documents, such as the Speech from the Throne or the budget, runs contrary to our practices.

In this particular situation, however, there seems to be some disagreement about the responsibility for this leak. I must add, too, that even if undisputed facts were provided in this specific case, the Chair can find no procedural authority for the claim that the premature disclosure of the Speech from the Throne constitutes a breach of the privileges of the Members of this House.

In reference to the secrecy of the budget, House of Commons Procedure and Practice states at page 753: “Speakers of the Canadian House have maintained that secrecy is a matter of parliamentary convention, rather than one of privilege.”

I would suggest to the House that the same is true with regard to Throne Speeches. I therefore must rule that no breach of privilege has occurred in the present case.

Once again, I would like to thank the hon. Opposition House Leader for going to the trouble of raising this matter.