44th Parl. 1st Sess.
April 15, 2024 11:00AM
- Apr/15/24 11:18:14 a.m.
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Mr. Speaker, I thank the member for his rationale he set out in his bill.
I do not particularly disagree with his important comments about accountability and transparency, which I think would actually go a long way in accomplishing what he has set out to do. My question comes down more to the need to know, and how that relates to various different operations that might be ongoing and somebody's getting access to information. If there are too many people with access to particular information, it could actually end up jeopardizing an ongoing operation.
I am not saying this is a reason to vote against the bill, but my question would be this: What are the member's thoughts on that, and how can we continue to keep individuals safe?
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- Apr/15/24 11:20:24 a.m.
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Mr. Speaker, I think the bill has some very interesting portions to it. It was interesting to listen to the member speak today.
I have received security clearance because of some of the work I have done with my other colleagues on the Winnipeg lab documents, and I recognize his perspective that the bill would increase transparency. I think it is very important to have that there. I also recognize that the National Security and Intelligence Committee of Parliamentarians Act is supposed to have a statutory review every five years, and we are two years overdue on that.
The question I have for the member is this: Has he looked at what other countries around the world do? We know that the U.S. has much more oversight, but I am wondering whether he has looked at other G7 countries, other allies, and how they deal with this issue.
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Mr. Speaker, I am thankful for the opportunity to speak to Bill C-377 and the important issues therein.
The role of Parliament is crucial to protecting our democracy and holding government to account. Since 1867, members of Parliament have upheld the principles and practices of Canadian democracy, and we must ensure that they are able to continue to do so in the future. That is why the government takes the issue of transparency very seriously. In fact, in 2017, we announced the national security transparency commitment and made a number of changes within the National Security Act. The national security transparency commitment is about integrating our core democratic values into our national security activities.
Canadians need to understand what the various departments and agencies that are working tirelessly to protect each and every Canadian do. Canadians also need to understand the legal structure required to protect our national security, and how difficult choices are made every day. Finally, it is important that we engage with Canadians openly so they understand what issues have an impact on our national security. I am proud to say that the government has made great progress since the announcement of the national security transparency commitment and continues to advance that work tirelessly to ensure that everyone in Canada understands the issues at play and how we are working to protect Canadians.
The national security transparency advisory group was created in 2019 to help the government deliver on the national security commitment. The role of the NS-TAG is crucial as it provides advice to the deputy minister of public safety and other government officials on the implementation of the national security transparency commitment.
The National Security Act, 2017 also created the National Security and Intelligence Review Agency, which is an independent body that is external to government. NSIRA has the mandate to review all Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA can also investigate public complaints regarding key national security agencies and activities. The NSIRA's reports provide invaluable information to parliamentarians and Canadians, and are a way to inform them of the lawfulness of the government's actions.
I want to make it clear that no government department or agency's national security and intelligence activities are exempt from scrutiny by NSIRA, and by extension, by parliamentarians and Canadians. To be clear, the Canadian Security Intelligence Service and the Communications Security Establishment's activities are not exempt from this scrutiny. The national security transparency commitment and the National Security and Intelligence Review Agency provide important means of enabling public transparency and expert scrutiny of national security and intelligence activities.
There is also a third component that is vital to making an effective accountability framework for national security and intelligence activities, which is parliamentary oversight. The sponsor of the bill before us is right to highlight the important role that parliamentarians play. Recognizing this important role, the government enacted the National Security and Intelligence Committee of Parliamentarians Act, 2017, which created a committee of parliamentarians made up of members of either House to scrutinize the national security and intelligence activities across the federal government.
The National Security and Intelligence Committee of Parliamentarians can look into intricate details of national security and intelligence agencies' activities. The committee may also undertake strategic and systematic reviews of the legislative and policy framework for national security and intelligence activities, including studies of expenditures and administrative decision-making structures. This is important work, and its importance is reflected in the committee's powers. To enable it to do its work, the committee has the right, under its enabling legislation, to access information needed to conduct its reviews. There are only limited exceptions to this right of access, where there is an absolute need, such as to protect the identities of human sources and witnesses protected under the witness protection program.
There are a number of aspects of the committee's legislation that I want to emphasize. The first is that the mandate of the committee, its powers, its right of access and its safeguards are legislated. It is vital that there be clear guardrails for processes that deal with the security of information and bring it near the vigorous debates we have in this place.
The second is that the committee has membership from multiple parties. We can all appreciate how important it is that the processes for managing sensitive information remain non-partisan. The multi-party nature of the committee is vital to its credibility. This also reflects the care that must be taken when dealing with sensitive information. When sensitive government information enters into the parliamentary space, it must be provided in a transparent, fair and non-partisan manner to ensure that there are not allegations of misuse.
Third, I want to note the care that is taken to ensure the security of information entrusted to members of the committee. Each member of the committee is a person permanently bound to secrecy under the Security of Information Act, meaning they may be prosecuted for disclosing special operational information. Members also swear an oath of secrecy and obtain a security clearance.
Finally, the act also provides a pathway for members to make Parliament aware of anything concerning they find. The committee provides reports to the Prime Minister, and when it does so, changes may be required to protect information. This is appropriate to ensure that sensitive information is protected, but the extent of the changes and the reasons for changes must be noted when the report is made public.
There are significant challenges to dealing with classified information in a way that enables transparency and accountability while also ensuring that what needs to be protected remains secure. The National Security and Intelligence Committee of Parliamentarians Act reflects that there needs to be care taken within the management of information. Simply providing access to parliamentarians is not enough; it needs to be done in a way that is transparent, non-partisan and secure and that provides proper mechanisms for concerns to be brought to Parliament's attention.
In addition to the NSICOP, the government has also established ad hoc processes. For instance, in 2021, when opposition parties in the House of Commons asked for the production of government documents from the Public Health Agency of Canada in relation to the March 2019 revocation of security clearances for two scientists at the National Microbiology Laboratory in Winnipeg, we established a process to ensure that parliamentarians had access to this sensitive information.
On June 2, 2021, the House of Commons adopted an order for the production of sensitive documents held by the Government of Canada in relation to that incident. In 2022, the leader of the Government and leaders of the opposition parties signed a memorandum of understanding that outlined the mechanisms for parliamentarians to both access and safeguard the requested information. An ad hoc committee composed of select members of Parliament was established, and committee members were provided with full access to all documents requested in the June 2021 House order.
In addition, the Treasury Board standard on security screening allows for any individual to be security screened by a government department, should there be a need. This applies even if the individual is not an employee, and so can be applied to a parliamentarian.
There are already many mechanisms in place to provide parliamentarians with access to sensitive and classified information. I have just highlighted the National Security and Intelligence Committee of Parliamentarians, as well as ad hoc approaches that have been adopted for special circumstances. These procedures and approaches require careful thought about what information is being provided to whom, and under what safeguards.
Most importantly, it is vital that there be effective, credible and transparent ways to bring information of concern to Parliament's attention, after removing information that would harm Canada's national security. It is not enough to simply provide a security clearance. Attention must also be provided to the entire process of providing, analyzing and releasing information to ensure an effective means of ensuring government accountability and contributing to public trust. The government has put in place processes that do just that, and as needs shift and evolve, the government will continue to ensure that they function properly.
I appreciate the member opposite's interest in ensuring that classified information appropriately flows to parliamentarians. I share the intent of ensuring that proper processes are in place, and I am thankful that they are. I urge all members to consider whether an additional proposal is needed and whether it appropriately considers the protection of information that is provided.
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