Speaker Fergus Rules the Issue of Foreign-Colluding MPs Can’t Be Prioritized in House Business

Speaker Fergus Rules the Issue of Foreign-Colluding MPs Can’t Be Prioritized in House Business
Speaker of the House of Commons Greg Fergus during question period on Sept. 19, 2024. The Canadian Press/Adrian Wyld
Noé Chartier
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House Speaker Greg Fergus has ruled that conditions haven’t been met to prioritize the issue of MPs colluding with foreign powers in House of Commons business.

Fergus delivered the ruling in the House on Sept. 23 in response to NDP MP Jenny Kwan raising a question of privilege in June, with regard to the release of a bombshell report by the National Security and Intelligence Committee of Parliamentarians (NSICOP).

The intelligence watchdog’s June 3 report said that some elected officials “began wittingly assisting foreign state actors soon after their election.”

On June 18, Kwan asked Fergus to determine whether a question of privilege existed, such that MPs would be impeded in conducting their duties.

“The shocking allegations that some members of Parliament wittingly or semi-wittingly worked with foreign state actors is not only unsettling, but it is also a betrayal of Canadians, who trusted them to act in Canada’s best interests and not a foreign state’s interests,” said Kwan, who represents the B.C. riding of Vancouver East.

Kwan added that since the NSICOP report had not provided the names of alleged foreign colluders, all MPs are “under a cloud of suspicion.”

In his ruling, Fergus said the question of privilege raised by Kwan failed to meet two criteria, including that of timeliness. He said at least two sitting weeks had passed between the tabling of the NSICOP report and her intervention.

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

Fergus also said Kwan had failed to demonstrate concretely how the NSICOP findings made MPs “impeded in the discharge of their functions, and, most important, that evidence exists as to the material interference.”

The Speaker said that while the findings are “serious and appear to create suspicions about certain members, that in itself is not a basis to establish that this question of privilege merits priority of consideration over all other House business.”

The public release of the redacted NSICOP report sent shockwaves across the country. It said that China, which the committee noted is the “greatest foreign interference threat to Canada,” views its relationship with some MPs as resting on “a quid pro quo that any member’s [MP] engagement with the PRC will result in the PRC mobilizing its network in the member’s favour.” It added that some MPs have provided confidential information to Indian officials.

Opposition parties have called for the names to be released, while the government said doing so would be irresponsible given considerations of security and due process.

The issue died down in late spring after the matter was referred to the Foreign Interference Commission for review.

The commission said on Sept. 13 it would not be disclosing any of the names but would work to have some of its findings released.

“As a result of its dual obligations to respect national security confidentiality and the rules of procedural fairness, the Commission cannot make any findings that might identify the individuals involved in the allegations,” it said in a notice to the public.

The commission is currently holding a new round of public hearings as it probes the government’s ability to counter foreign interference.

The prime minister and other members of his cabinet will testify in mid-October.