The Daily Program / Daily Proceedings

Oral Questions: requirement to table a document from which a Minister has quoted

June 8, 2006

Debates, p. 2154

On May 17, 2006, Mauril Bélanger (Ottawa–Vanier) rose on a point of order with respect to a document from which Stephen Harper (Prime Minister) had allegedly quoted in response to a question during that day’s Oral Questions. Mr. Bélanger argued that according to House of Commons Procedure and Practice, 2000, the document should be tabled because it was a Cabinet document, not simply a briefing note, from which the Prime Minister had quoted. Rob Nicholson (Leader of the Government in the House of Commons and Minister for Democratic Reform) rose and stated that he would return to the House on the matter. Jean Lapierre (Outremont) also intervened on the matter.^[1] Mr. Bélanger rose again on the same point of order on May 19, 2006 requesting that the matter be addressed.^[2] Later that day, the Government House Leader responded that the document should not be tabled as it was a briefing document and the Prime Minister did not quote, cite or refer to any document. He added that the document could not be tabled as it would be contrary to the public interest on the ground that it was a confidence of Cabinet dealing directly with national security measures. The Speaker took the matter under advisement.^[3]

On June 8, 2006, the Speaker delivered his ruling. Having concluded that the Prime Minister had in fact read from a document, he stated that, while procedural authorities do require Ministers to table documents from which they have quoted during debate or while answering questions, an exception can be made in cases where the public release of information could adversely affect national security. Referring to a similar case where this practice was upheld in 1983, he ruled that, in this instance, the Prime Minister was under no obligation to table the document in question.

Decision of the Chair

The Speaker: Order. I am now prepared to rule on the point of order raised on May 17, 2006, and again on May 19, 2006, by the hon. Member for Ottawa–Vanier concerning the tabling of the document referred to by the Prime Minister during Question Period.

I would like to thank the hon. Member for Ottawa–Vanier for bringing this matter to the attention of the House. I also wish to thank the hon. Member for Outremont for his intervention and the hon. Leader of the Government in the House of Commons for his response.

In raising this matter, the hon. Member for Ottawa–Vanier stated that, in response to a question posed during Question Period on May 17, the Prime Minister had quoted from what appeared to be a Cabinet document and that, according to the rules of the House, the Prime Minister was obliged to table the document.

On Friday, May 19, 2006, the hon. Leader of the Government in the House of Commons responded to the point of order. He indicated that the Prime Minister had not specifically quoted from any document. He clarified that the document in question was being used as a briefing note and that the rules do not require the tabling of briefing notes. The hon. Government House Leader further argued that the document was a Cabinet document that could not be tabled because it dealt directly with national security measures that could jeopardize the safety of Canadian soldiers.

I have reviewed the Debates for May 17, 2006, as well as the tape of that day’s Question Period. The video clearly showed that in responding to a question put by the hon. Member for Laval–Les Îles, the Rt. Hon. Prime Minister did read from a document as the hon. Members for Ottawa–Vanier and Outremont have argued.

There is a longstanding practice that any document quoted by a Minister in debate or in response to a question during Question Period must be tabled forthwith if so requested. This practice is described on page 518 of House of Commons Procedure and Practice and I believe it would be helpful to all hon. Members if I were to cite this passage:

Any document quoted by a Minister in debate or in response to a question during Question Period must be tabled. Indeed, a Minister is not at liberty to read or quote from a despatch (an official written message on government affairs) or other state paper without being prepared to table it if it can be done without injury to the public interest.

In addition to Marleau and Montpetit, this practice has been described in other procedural authorities, including various editions of Beauchesne and Erskine May. Indeed, the hon. Government House Leader quoted citation 495(2) of Beauchesne’s 6th edition when he responded that the document could not be tabled because its contents concerned national security matters.

Moreover, this practice was upheld in 1983 when the Deputy Speaker ruled that he was satisfied, after hearing arguments, that the Minister of State (International Trade) could not table a document because it would involve some risk of security to the Canadian Diplomatic Communications Service. This precedent can be found at pages 28627 to 28631 of the Debates for November 2, 1983.

In light of this precedent and the statement put forth by the hon. Government House Leader that the security of Canadian soldiers could be jeopardized, I must rule that the Prime Minister is under no obligation to table the document in question.

I thank the hon. Member for Ottawa–Vanier for having brought this matter to the attention of the Chair.