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House won't hold priority debate on MPs implicated in foreign interference report: Speaker

House won't hold priority debate on MPs implicated in foreign interference report: Speaker

CBC
Tuesday, September 24, 2024 12:35:51 AM UTC

MPs will not hold a priority debate on how to release the names of politicians implicated in a foreign interference report released earlier this year.

House Speaker Greg Fergus ruled Monday that the question of privilege raised by NDP MP Jenny Kwan in June didn't rise to the level of a "prima facie" violation of MPs' privilege, which would have given it priority over all other House business.

In June, Kwan suggested that the report from the National Security and Intelligence Committee of Parliamentarians (NSICOP) had damaged the reputation of all sitting members of Parliament.

That report alleged, based on intelligence reports, that some parliamentarians had been "semi-witting or witting" participants in efforts by foreign states to interfere in Canadian politics. The unredacted version of the report did not name any of those MPs.

Kwan argued that as long as the names of those politicians remain secret, Canadians will lose trust in their elected officials, undermining MPs' ability to do their jobs.

"The report did not provide any names and as such all 338 members of this House, including those who have since left this chamber, are under a cloud of suspicion," Kwan said in June.

But Fergus ruled Monday that Kwan had failed to demonstrate "concretely" that keeping the names secret has impeded MPs' ability to carry out their duties.

"While I understand that findings presented in the NSICOP report are serious and appear to create suspicions about certain members, that in itself is not a basis to establish this question of privilege merits priority of consideration over all other House business," he said.

In order to be considered a "prima facie" violation of privilege, an issue must also be raised in a timely manner. In his ruling, Fergus pointed out that Kwan raised the issue two weeks after the NSICOP report was released.

"The facts raised by the member in her arguments had become apparent well before her intervention. The chair is of the view that the member for Vancouver-East had prior opportunities to raise her concerns," he said.

Fergus' ruling doesn't mean the debate over releasing the names from the NSICOP report can't continue. It just won't take priority over other House business.

Conservatives had been pressuring the government to release the names of the MPs in the report by having a government member reveal them on the floor of the House of Commons, where MPs enjoy certain legal protections.

When asked about the possibility that the names could be released in the House of Commons, RCMP Deputy Commissioner Mark Flynn indicated that it was a grey area.

"That's a question that should be asked, due to the complexities of parliamentary privilege, of a legal expert," Flynn told CBC News in June.

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