REPORT OF THE COMMITTEE |
THURSDAY, June 22, 2000 |
The Standing Committee on Privileges, Standing Rules and Orders
has the honour to present its
SIXTH REPORT
1. On Wednesday, May 3, 2000, Senator David Tkachuk gave notice of a question of privilege with respect to a story that had appeared that day in the National Post, entitled “Senate report urges capital gains tax cut.” The question of privilege was dealt with on Thursday, May 4, 2000, at which time the Speaker pro tempore ruled that a prima facie breach of privilege existed. Accordingly, Senator Tkachuk moved the following motion, which was agreed to by the Senate:
That the question of privilege concerning the unauthorized release of the Fifth Report of the Standing Senate Committee on Banking, Trade and Commerce be referred to the Standing Committee on Privileges, Standing Rules and Orders.
2. Your Committee held a meeting on this order of reference on Wednesday, May 10, 2000, at which Senator Tkachuk and Senator Leo Kolber, the chair of the banking Committee were in attendance. Your Committee also considered this matter at in camera meetings on Wednesday, May 17, 2000 and May 31, 2000.
3. The news story in the National Post referred to the report of the Standing Senate Committee on Banking, Trade and Commerce on the taxation of capital gains. It quoted extensively from the final version of the report, which had been approved by the Committee, but not yet presented in the Senate. The article specifically referred to the fact that the Committee’s report had not been released. As a result of the premature publicity, Senator Kolber, as the chair of the Committee, tabled the Fifth Report in the Senate on May 3, 2000, several days earlier than had been planned.
4. There is no doubt that the Fifth Report of the Standing Senate Committee on Banking, Trade and Commerce was leaked to the media. The report had been adopted by the Committee at in camera meetings, and had not yet been tabled in the Senate. The publication of the news story in the National Post on May 3, 2000 was unauthorized and premature. It appears that the reporter had access to a copy of the final version that was to be tabled. This clearly constitutes a breach of the privileges of the Senate, and a contempt of Parliament.
5. The issue of leaked committee reports has preoccupied your Committee for the last several months. Previously, Senate committees had not experienced major problems with the unauthorized release of their reports or other confidential documents. The recent spate of leaks is a disturbing development, and one that is to be deplored.
6. The work of the Senate and of Senators depends upon trust and collegiality. Whenever a leak occurs, it compromises the integrity of the chamber and its work. As Senator Tkachuk told your Committee, the premature release of the Fifth Report hurt the Senate, and was dishonourable to all Senators; it undermined a media plan that had been developed for the report and made the work of the Banking Committee and of the Senate more difficult.
7. Your Committee’s Fourth Report, which was tabled in the Senate on April 13, 2000, set out a procedure for dealing with leaked committee reports. Essentially, it proposed that the Committee concerned first investigate the leak, in an attempt to determine the source, and assess the seriousness of the leak. Although this report had not yet been agreed to by the Senate, your Committee decided to use this case to illustrate how such an investigation might be conducted.
8. Senator Kolber advised your Committee that he had convened an informal meeting of the members of the Standing Senate Committee on Banking, Trade and Commerce Committee, but that none of the members present accepted responsibility for the leak. Your Committee, in turn, invited all of the members to its meeting on May 10, 2000, and several of them were able to attend. Subsequently, your Committee sent a letter with a short questionnaire to all members of the Banking Committee asking if they had leaked the report or had any knowledge of the source of the leak. All members responded in the negative to this letter. The Committee also made inquiries of the clerk of the Committee, as well as the assistants to various members of the Committee who had been identified as having had access to or requested copies of the final report. Attempts were made to trace all the copies of the final version of the report.
9. Your Committee has been unable to identify the source of the premature and unauthorized release of the Fifth Report of the Standing Senate Committee on Banking, Trade and Commerce. We have not been able to find or establish any clear evidence indicating who leaked the report or how the reporter for the National Post received the information or a copy of the report on which he based his story of May 3, 2000.
10. This case further reiterates the need for all Senate committees to review and be vigilant about the procedures for dealing with confidential documents. As your Committee pointed out in our Fourth Report, various procedures could and should be adopted by committees during the drafting and consideration of reports prior to their being tabled in the Senate. The Senate must take steps to ensure that systems and security precautions are in place to prevent leaks, and to ensure the confidentiality of committee documents, including draft reports before they are tabled in the Senate. Similarly, in order to minimize the risk of premature and unauthorized leaks, it is necessary that all persons involved in the process be aware of the requirements of confidentiality and the sanctions for breaching it.
11. It would be extremely unfortunate if the leaking of committee documents became as widespread in the Senate as it has in other legislatures. Most Senators are determined that this should not be allowed to occur. Your Committee believes that it is the collective responsibility of all Senators and the Senate administration to ensure that the confidentiality of draft committee reports and other documents is respected and maintained.
12. Consideration was given to the development of a process whereby a Committee could be authorized to release a report prior to its tabling in the Senate on an embargoed basis to members of the Parliamentary Press Gallery without breaching the privileges of the Senate. The Committee, however, makes no recommendations at this time.
Respectfully submitted,
JACK AUSTIN
Chair