Question of Privilege
February 4, 2019
Questions on the Order Paper: government declined to respond on the grounds of sub judice
Hon. Geoff Regan
Speaker of the House
Ruling Text
The Speaker:
I am now prepared to rule on the question of privilege raised on December 11, 2018, by the hon. member for Perth—Wellington concerning the government response to written question Q-2001. I would like to thank the member for having raised the matter, as well as the parliamentary secretary to the government House leader for his comments.
In raising this matter, the member for Perth—Wellington explained that, in response to his written Question No.
Q-2001, the government had indicated that:...a response could disclose personal and solicitor-client privileged information. Therefore, the Government must respectfully decline to respond.
This, he argued, amounted to the government boldly refusing to answer the question and, hence, should be considered as a deliberate defiance of the authority of the House.
For his part, the Parliamentary Secretary to the Government House Leader contended that, as it is the prerogative of a minister to refuse to answer a question that is considered a sub judice matter, this was simply a matter of debate.
As explained in House of Commons Procedure and Practice, third edition, at page 529:
As with oral questions, it is acceptable for the government, in responding to a written question, to indicate to the House that it cannot supply an answer.
Speaker Lamoureux had also addressed this in a ruling on May 5, 1971, at page 5515 of the Debates, when he stated:
It is correct, of course, to state as a general principle that a member should not be impeded in the discharge of his parliamentary duties. I suggest that this in itself does not create an obligation on the part of the government to supply any and all information sought by a member, either by way of an oral question or a written question.
Additionally, the authority accorded to the Speaker to judge responses is limited. Bosc and Gagnon, at page 529, is clear on this when it states:
There are no provisions in the rules for the Speaker to review government responses to questions.
Accordingly, I do not find that there is a prima facie question of privilege.
I thank all hon. members for their attention.
Edit Metadata
Holding
"The Speaker found no prima facie question of privilege because the government is permitted to decline answering written questions based on privilege, and the Speaker has no authority to review the substance of such responses."
AI Summary
The Speaker denied a question of privilege regarding the government's refusal to answer a written question, confirming that the government may decline answers based on privilege and the Speaker cannot review the substance of those responses.
AI Analysis
- Outcome
- Denied
- Tone
- Educational
- Procedural Stage
- Routine Proceedings
- Significance
Low
High