Ethics and Conflict of Interest for Senators
Third Report of Committee Adopted
June 3, 2021
Moved the adoption of the report.
She said: Honourable senators, I rise today on behalf of the Standing Committee on Ethics and Conflict of Interest for Senators to speak to its third report. This report proposes certain amendments to the Ethics and Conflict of Interest Code for Senators and provides guiding principles regarding the committee’s composition.
The code was adopted by the Senate in May 2005 following many years of study. It constitutes an exercise of the Senate’s parliamentary privilege to govern its internal affairs and to discipline its members. It is also an evolving document.
Indeed, your committee was given the authority to self-initiate a study at any time in order to recommend to the Senate potential amendments to the code to ensure that its provisions and operation addressed contemporary realities and enhanced public confidence and trust in the Senate and senators.
In August 2019, your committee tabled its seventh report on its findings and recommendations arising from a comprehensive review of the code, as required under section 59 of the code. The Forty-second Parliament was dissolved barely one month later, before the Senate could consider this report.
Your committee believes that the work of ensuring the code remains current must be continued, so it reviewed and reconsidered the recommendations contained in the seventh report.
As is usually the practice for this review, your committee invited the Senate Ethics Officer and all senators to share their concerns, comments and suggested changes with respect to the provisions and operation of the code. The responses we received were helpful and contributed greatly to the proposals found in this third report. We would like to thank all those who contributed to the work of the committee.
In the context of the COVID-19 pandemic, as Senate sittings have been limited, your committee discussed the best approach to take in regard to its study of possible code amendments. Simply put, there would not have been time to consider each and every suggestion, let alone draft and review the corresponding amendments necessary, without running the risk of your committee’s work being affected by a prorogation or dissolution. Accordingly, your committee believed it would consider suggested amendments in small batches and produce reports as they were ready. To this end, your committee started with the proposals contained in the seventh report to build on the important and thorough work the committee accomplished under its previous chair and deputy chair.
Therefore, your committee will present its findings and recommendations in a series of interim reports. This report is the first.
What this third report proposes are procedural and administrative changes to the code, as well as principles for consideration, to guide the composition of the Standing Committee on Ethics and Conflict of Interest for Senators.
Part 1 of the report draws on much of the work undertaken over the past few years. It proposes nine amendments to the code that are of a procedural or administrative nature and would not require prior or concurrent amendments to the Rules of the Senate.
Some colleagues reading closely may experience a sense of déjà vu reading this part of the report. Indeed, some of these amendments were contained in the seventh report and received positive feedback from senators in your committee’s most recent round of consultations. I can assure senators that all amendments received consensus support at the committee.
These proposed amendments in part 1 touch on the following issues: the compilation of the senators’ recorded declarations by the Senate Ethics Officer; the publication of opinions of the Senate Ethics Officer regarding government contracts; the disclosure of a partial opinion of the Senate Ethics Officer by a senator; the inclusion of indirect benefits from government contracts; the exclusion of certain social benefits from senators’ confidential disclosure statements; the deadlines to providing information or documents to the Senate Ethics Officer; the electronic tabling of certain documents of the Senate Ethics Officer with the Clerk of the Senate; the harmonization of the language in the code with the Senate Administrative Rules; and non-substantive modification by the Senate Ethics Officer of forms involving senators.
For each amendment, our report sets out the current code, the rationale for recommendations and the proposed new wording. Rather than provide the particulars in this speech, I simply encourage all senators to read and consider these amendments in their own time. The committee was conscientious in presenting technical matters in a straightforward and accessible way in its report.
Part 2 contains some guiding principles regarding the committee’s composition. In developing these principles, your committee kept in mind the history of the committee, its specific mandate and how it operates. While these principles were built on those outlined in the committee’s seventh report, they are also the result of further comments from senators and examination and deliberation by your committee. They are also the product of a true consensus among all committee members.
As mentioned earlier, the code is an evolving document. Your committee should reflect the Senate’s evolution. Indeed, the rules governing the composition of the committee should reflect the new structure of the Senate but be flexible enough to adapt to potential future changes.
In recent years the Senate has more or less adapted the composition of your committee to its new reality by adopting sessional motions to appoint senators to the committee, thus circumventing the provisions governing the committee’s composition.
Indeed, the rules are currently silent on the composition of the committee, other than to specify that the committee is to be composed of five members named by the Leader of the Government and Leader of the Opposition through a motion adopted at the beginning of each session. This no longer reflects the current structure of the Senate.
Your committee felt that it was important to outline in its report some of the principles that we believe should be considered when establishing the committee’s composition in future Parliaments.
One, it must take into account the committee’s unique nature and mandate. This includes, first and foremost, the impartial and non-partisan nature of the committee’s work and its ongoing practice of making decisions by consensus.
Two, your committee believes that each recognized party and parliamentary group should be allowed to select one member of the committee. After the parties and groups have selected their respective members and made their nominations public, an additional member should be elected by secret ballot by all senators. In doing so, every senator would have the opportunity to participate in the selection process. As the committee is charged with considering matters affecting all senators, all senators should have a say in its composition.
Three, your committee agreed that the committee should maintain a minimum number of five members, and that the size of the committee should be flexible and reflect the potential fluctuation in the number of recognized parties and parliamentary groups in the Senate. As well, we would like to stress the importance of stability and continuity in the committee’s membership, as its members are often called to consider complex questions that benefit from the committee’s institutional memory. As such, your committee believes that a change in affiliation of a committee member during a parliamentary session should have no impact on the membership of that senator on the committee for the duration of that session. This approach would be consistent with the impartial and non-partisan nature of the committee’s work.
Additionally, your committee takes this opportunity to express that the membership of the committee should be maintained for the duration of a Parliament — rather than for the duration of a session — to further preserve stability and ensure a certain level of institutional memory. Though your committee recognizes that this would require legislative amendments, it hopes that the Senate will take note of this observation when selecting members of the committee in the next parliamentary session and eventually address this question.
Your committee also believes that it should be reinstated at the first opportunity at the opening of a new session, with the membership from the previous session, until a new membership is selected. This would avoid any risk of delay in the establishment of the committee at the beginning of each session and would allow for continuity in its work.
Finally, your committee believes these principles will pave the way forward for the Senate to establish the parameters for the committee’s composition to ensure that it reflects the new structures in the Senate.
The committee is well aware that implementing these principles would require amendments to the Rules in addition to amendments to the code. Your committee does not have the mandate to recommend amendments to the Rules and is not proposing amendments to the code in this regard in this report.
Instead, your committee is recommending that the Senate direct the Standing Committee on Rules, Procedures and the Rights of Parliament to consider, and propose to the Senate, amendments to the Rules with regard to the committee’s composition in accord with the principles expressed in this report. If amendments to the Rules are adopted by the Senate, your committee will consider consequential amendments to the code.
To be clear, our report recognizes and respects the jurisdiction and authority of the Rules Committee by offering principles for that committee’s consideration. Should the Senate agree with the recommendation in this report, to refer the matter to the Rules Committee, the members of the Standing Committee on Ethics and Conflict of Interest for Senators will be pleased to provide that committee with any additional information or assistance it requires in considering this important matter.
While further consideration of improvements to the code — many of which were suggested by our honourable senators — remain on the committee’s agenda, this report is an important step toward the accomplishment of the work undertaken by the committee in past years.
By adopting this report, the Senate would assert its commitment to improve the code and would express its support for the principles developed by your committee regarding its composition.
Honourable senators, the adoption of this report would result in changes to the code as they relate to the procedural or administrative amendments. However, its adoption would not modify the Rules of the Senate. Further action will be needed to implement changes to the composition of the committee in accordance with the guiding principles we propose. As I already stated, the next step would be for the Rules Committee to reflect on the issue and your committee is pleased to assist if called upon.
Honourable senators, I urge you to weigh and consider your committee’s proposals. The provisions of the code must be updated to ensure that they are clear, transparent and promote public trust in the integrity of the Senate and all senators. Honourable senators, we hope you will give support to this third report.
Thank you.
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
(Motion agreed to and report adopted.)