Moved the adoption of the report.

She said: Honourable senators, it is my pleasure to speak to you today about the fifteenth report of the Standing Committee on Internal Economy, Budgets and Administration.

This report recommends an amendment to Chapter 2:06 of the Senate Administrative Rules. The proposed amendment would specify the procedure to be followed by the Senate Administration when, in response to a request made under the Access to Information Act, a federal institution gives notice of its intention to disclose records or information relating to Senate business.

Section 16 of Chapter 2:06 currently provides that the Senate administration may make representation in respect of such notices, but it does not provide any details regarding who should be advised of the notice or consulted in preparing these representations.

This lack of clarity in the process can cause difficulties given the short timeline for responding, usually 20 days. The proposed amendment would identify who must be advised or consulted and when.

Under the proposed new provisions, any senator, house officer, committee chair or former senator who may be affected by the proposed disclosure of records or information must be notified before the Clerk makes representations to the head of the federal institution.

The proposed amendment sets out the factors to be considered when the Clerk deems it appropriate to make representations about records or information that form part of a Senate committee’s proceedings and are therefore subject to parliamentary privilege.

The proposed amendment would also clarify that the Clerk would not object to the disclosure of published or publicly accessible committee records but that the Clerk should always object to the disclosure of in camera records and information unless an appropriate body has authorized this disclosure. For records that do not fall into either of those categories — records that are neither public nor in camera but still subject to parliamentary privilege — the Clerk would consult with the committee whose proceedings are subject to the notice. If the records are from a committee of a past Parliament, the Clerk would consult with the successor committee if one exists. If no successor committee exists, such as in a period of dissolution, the Clerk would consult with the Speaker before making representations to the government institution.

I would add that in no case would the Clerk purport to waive parliamentary privilege. The Clerk would simply object to the disclosure or not object, as applicable, and always reiterate that parliamentary privilege is not being waived.

Again, these changes aim to ensure that the Clerk has clarity regarding whom must be advised or consulted in this process and when. This, it is hoped, will assist the Clerk in meeting the short timelines for preparing these representations.