Question of Privilege
February 20, 1984
Threats to withhold information and co-operation from Member unless oral questions cleared with officials
Hon. Lloyd Francis
Speaker of the House
Ruling Text
A threat to withhold information or co-operation would undoubtedly hinder that Member in fulfilling his duties and therefore constitute a breach of privilege. An action which amounts to intimidation does not need to be directed at the Member in person in order to constitute an offence in terms of privilege. While the Chair accepts that both the Member and the Minister are stating the facts as they honestly believe them to be, "in a case where an Hon. Member claims his ability to function is being undermined, the Chair must take full account of the evidence presented, in this case the categorical assurance of the Hon. Member that the events took place as he related them». The circumstances leave the Chair with no choice but to find that a prima facie question of privilege has been established..
Sources cited Journals, September 4, 1973, p. 532.
Beauchesne, 5th ed., p. 22, c. 67; p. 23, c. 74.
May, 20th ed., pp. 156-8.
References Journals, September 21, 1973, p. 567.
Debates, September 4, 1973, pp. 6179-81; February 6, 1984, pp. 1101-6; February 9, 1984, pp. 1234-5; February 14, 1984, pp. 1382-4.
Edit Metadata
Holding
"A threat to withhold information from a Member of Parliament if they do not clear their questions with officials constitutes intimidation and establishes a prima facie case of breach of privilege."
AI Summary
The Speaker found a prima facie question of privilege after a Member alleged intimidation through threats to withhold information unless oral questions were pre-cleared with officials.
AI Analysis
- Outcome
- Sustained
- Tone
- Stern
- Procedural Stage
- Question of Privilege
- Significance
Low
High