Proceedings of the Standing Committee on
Internal Economy, Budgets and Administration

Issue 9 - Minutes of Proceedings - May 28, 2013

OTTAWA, Tuesday, May 28, 2013
(47)

The Standing Committee on Internal Economy, Budgets and Administration met this day, at 6:40 p.m., in room 160-S, Centre Block, the chair, the Honourable David Tkachuk, presiding.

Members of the committee present: The Honourable Senators Campbell, Carignan, Comeau, Cordy, Cowan, Downe, Doyle, Fraser, Furey, Kinsella, Marshall, Munson, Seidman, Smith (Saurel), Stewart Olsen, and Tkachuk. (16).

Other senators present: The Honourable Senators Moore, Smith (Cobourg), Tardif (3).

In attendance: Mr. Gary W. O'Brien, Clerk of the Senate, and other senior Senate officials.

IE/2013-05-28/325(P) — Matters Relating to the Honourable Mike Duffy's Living Allowances in the National Capital Region (NCR)

The chair of the committee presented the Fourth Report of the Subcommittee on Agenda and Procedure (Steering Committee) of the Standing Committee on Internal Economy, Budgets and Administration as follows:

Tuesday, May 28, 2013

The Subcommittee on Agenda and Procedure (Steering Committee) of the Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

FOURTH REPORT

On May 9, 2013, the Twenty-Second Report of the Standing Committee on Internal Economy, Budgets and Administration regarding Senator Duffy was presented to the Senate (see Appendix A). On May 21, 2013 the Senate agreed on division ``That the report be not now adopted, but that it be referred back to the Standing Committee on Internal Economy, Budgets and Administration for further consideration and report.''

In order to proceed with this new order of reference, your Subcommittee recommends:

That a summary of issues relating to Senator Duffy's travel claims prepared by the Clerk of the Senate be reviewed by the Committee;

That the Committee consider additional wording for the Twenty-Second Report in light of new information; and

That the Internal Economy Committee report to the Senate.

Respectfully submitted,

It was agreed that the Fourth Report on the Subcommittee on Agenda and Procedure (Steering Committee) of the Standing Committee on Internal Economy, Budgets and Administration be adopted.

Accordingly, the clerk presented his report on Senator Duffy's claims for per diems for the period between April 1, 2011 to September 30, 2012 and answered questions with Nicole Proulx, Director, Finance and Procurement Directorate, Michel Patrice, deputy law clerk, and Jill Anne Joseph, Director, Internal Audit and Strategic Planning.

Senator Smith moved:

That the Senate request the proper authorities to examine the matters dealt with in this report and related information, and that the Standing Committee on Internal Economy, Budgets and Administration be authorized to refer such documents as it considers appropriate to the appropriate authorities for the purposes of investigation.

The question being put on the motion, it was resolved in the affirmative.

Senator Furey moved:

That the Twenty-Second report of the Standing Committee on Internal Economy, Budgets and Administration, presented in the Senate on May 9, 2013, respecting the examination of Senator Duffy's primary and secondary residence status, be adopted with the following amendments:

(1) Replace the paragraph starting with ``Your Committee acknowledges'', at page 2254 of the Journals of the Senate, with the following:

``Your Committee acknowledges Deloitte's finding that criteria for determining primary residence are lacking and this is being addressed by your Committee. However, to claim living expenses in the National Capital Region, any residence owned or rented by a senator must be a secondary residence for use by the senator while in the NCR for Senate business. Your committee considers this language to be unambiguous; and plainly if a senator resides primarily in the NCR, he or she should not be claiming living expenses for the NCR.'';

(2) Add the following as a separate paragraph at page 2254 of the Journals of the Senate, immediately before the words ``Your Committee therefore recommends:'':

``It is therefore the conclusion of the Committee that based on the evidence presented in the examination report, while recognizing that Senator Duffy owns a residence in P.E.I. and spends considerable time there, his continued presence at his Ottawa residence over the years does not support such a declaration and is, therefore, contrary to the plain meaning of the word ``primary'' and to the purpose and intent of the provision of the Living Allowance in the NCR.''; and

(3) Move the word ``and'' at the end of the first recommendation in the English text to the end of the second recommendation at page 2254 of the Journals of the Senate; and add the following recommendation after the second recommendation:

``3. That the Senate request that the proper authorities examine the matters dealt with in this report and related information, including Senator Duffy's repayment of $90,172.24 to the Receiver General of Canada, and that the Standing Committee on Internal Economy, Budgets and Administration be authorized to refer such documents, as it considers appropriate, to the proper authorities for the purposes of the investigation.''.

The question being put on the motion, it was resolved in the affirmative.

Senator Marshall moved, seconded by Senator Munson, that the Standing Committee on Internal Economy, Budgets and Administration present these amendments in the Senate later this day.

The question being put on the motion, it was resolved in the affirmative.

At 8:23 p.m., the committee adjourned to the call of the chair

ATTEST:

Gary W. O'Brien

Clerk of the Senate and Clerk of the Standing Committee on Internal Economy, Budgets and Administration

Lucie Lavoie

Recording Secretary