Thank you.

Mr. Chair and members of the committee, please allow me to thank you, on behalf of the House of Commons Protective Services Employees Association, for this opportunity to speak before the Standing Committee on Public Safety and National Security.

The House of Commons Protective Services Employee Association has been certified since 1987 to represent some 225 members of the Protective Service of the House of Commons. The members of the association comprise approximately 190 constables, 15 corporals and 15 sergeants, who all report to the director of the service.

The present brief pertains solely to division 10 of Bill C-59, which amends the Parliament of Canada Act by adding sections 79.51 to 79.59, as well as certain transitional provisions.

Considering the profound changes proposed by this bill regarding security in the parliamentary precinct, the association considers that it is important to appear before this committee to submit its observations in relation to the contemplated changes.

Before delving into the heart of Bill C-59, the association wishes to emphasize its great pride in the professionalism and exemplarity of its members, especially regarding their behaviour during the events of October 22, 2014.

Nobody knows the precinct and members of Parliament better than the employees of the House's Protective Service, which plays a key role in the functioning of our democratic system. Our work requires a significant skill set to combine the necessary security requirements with the public nature of the parliamentary precinct, and this work deserves to be recognized and underscored before this honourable committee.

Turning to the substance of Bill C-59, it should be noted at the outset that the bill provides a definition of the term “parliamentary precinct” in section 79.51. This is a novelty to our knowledge, and one that should be commended. For several years, the work of members of the House's Protective Service has expanded far beyond the walls of what was once called “the Hill”.

The association is satisfied that this new definition recognizes that parliamentary privilege follows the parliamentary function, thus recognizing a functional rather than geographical vision of the concept of parliamentary privilege.

Putting into practice the authority vested in the Sergeant-at-Arms and the Speaker of the House with respect to protection matters, the employees of the House's Protective Service exert all their functions within the confines of parliamentary privilege, being its custodian and therefore an essential part of the legislative function of the House of Commons of Canada.

It is this legislative function that is at the heart of our work, which is why the protection of parliamentary privilege was significantly underscored in the press release issued by the association on February 4, 2015, when the elements now contained in Bill C-59 were announced for the first time by government. The concerns that were voiced in this press release are entirely transposable to Bill C-59, and can be grouped into two broad categories: operational concerns, and labour relations concerns.

The association does not dispute the findings made by the Auditor General of Canada in June 2012 recommending greater coordination between the various entities engaged in the protection of the parliamentary precinct. It is clear that greater coordination in terms of protection and security would have been desirable on October 22, 2014, and still is. This is a conclusion that was also reached by the Ottawa police in a recent press conference.

Also in June 2012, the Auditor General recommended that the House of Commons should contemplate the feasibility of a unified security force for the entire parliamentary precinct. Again, the association is not opposed to this recommendation and welcomes the creation of the Parliamentary Protective Service proposed by section 79.52 of the bill. There are, however, two caveats that the association wishes to underscore.

Firstly, better operational coordination between the various entities does not necessarily require an operational merger of the two protective services, namely, of the House of Commons and Senate. The association considers it unlikely that constables, corporals and sergeants of the House will be used interchangeably in the Senate and vice versa. Our work requires a deep and detailed knowledge of places and people to adequately fulfill our duties, and this knowledge comes with experience that is gained by devoting one's lasting attention to either the House of Commons or the Senate.

The association also considers that it would be impractical and undesirable from a security standpoint to reorganize the protective staff of both houses in order to require that every employee can interchangeably perform the duties in the House of Commons or in the Senate without having long-term assignments in one of the houses.

It would be much more desirable to maintain the current working structures to continue to increase team effectiveness and responsiveness. Thus, the association believes that an operational merger of the two protective services, in the House of Commons and Senate, would not increase the coordination, but on the contrary would reduce its effectiveness by diluting the specificity of its action.

Secondly, the association noted that the bill requires that PPS's new director be an active member of the RCMP, who will serve under the dual authority of the Speakers of the House of Commons and of the Senate. We also note that, although section 79.53 entrusts the PPS with “matters with respect to physical security throughout the parliamentary precinct and Parliament Hill”, section 79.55 of the bill confers exactly the same functions upon the RCMP, referring to an “arrangement” and providing that the RCMP shall “itself” provide physical security services in accordance with this arrangement.

Operational inferences stemming from this situation assume two alternative hypotheses: either the director of the PPS will concretely report to the Speaker of the House of Commons, to the Speaker of the Senate and to someone within the RCMP, or that person will actually be exclusively under the authority of the RCMP. In the first hypothesis, the association is unclear as to how a PPS director receiving directives from three different heads would be likely to improve security in the parliamentary precinct, or coordination between different protective services involved in such protection.

The mandatory institutional links between the new PPS director and the RCMP also appears problematic, especially in the very likely event that this person is confronted with conflicting or incompatible instructions. The triple-allegiance of that person — in other words, to the House of Commons, Senate and RCMP — would inevitably create a conflict, since the Royal Canadian Mounted Police Act and oaths made under this legislation would compel the new PPS director to disobey the House or Senate Speakers, and obey only the Commissioner of the RCMP. How could one conclude that parliamentary privilege, ensuring the independence of the legislative function, would be preserved in such a situation? Not to mention the operational nightmare that such a situation could present in an emergency situation similar or worse than the events of October 22, 2014.

The association views the second hypothesis, that is an exclusive operational control by the RCMP, as being equally or even more problematic. The association refers to its press release of February 4, 2015, setting out its position on the possible control by the RCMP of protection within the parliamentary precinct. Our concerns about upholding parliamentary privilege remain intact, and the association does not believe that it is in the interest of our democracy to give control of security within the legislative power to the executive power, this said with the utmost respect for the quality of work of the RCMP in its primary position, which is not the protection of the parliamentary precinct.

Returning to the “arrangement” under section 79.55 of Bill C-59, the association wonders about the practical significance of this provision. Are there plans to replace, double or add to existing positions in the House's Protective Service? If so, in what areas? No response could be provided as to the practical intentions of government regarding this provision.

Still with respect to this “arrangement”, nothing in the bill seems to prevent that the Speakers of the House of Commons and of the Senate may not have a decision-making role in the choice of the future director of PPS. It is entirely possible that this “arrangement” provides that the decision-making level in the selection process lies somewhere in the RCMP, somewhere in the Privy Council Office, or within the Department of Public Safety and Emergency Preparedness, which would appear to the association to be yet another dent into parliamentary privilege and into our democratic system.

In sum, it is the very idea of RCMP control on protection operations within the parliamentary precinct that the association questions. This is not a matter of turf or jurisdiction, but a strong plea for the need to combine operational effectiveness and the respect for the sacred principles on which our Constitution has been founded.

Concluding on this aspect, the association would like to recall that no report, no study and no informed public commentator has questioned the work of the House's Protective Service, including in relation to the events of October 22, 2014.

It is, in this context, entirely legitimate to question the merits of the probable takeover of the PPS's control by the RCMP, or at least the very real possibility thereof envisaged by Bill C-59. Why change a recipe that works and works well? Are such changes not rather conducive to weakening our security safeguards? The association believes that the answer is in the question.

The association is satisfied by the presence of certain transitional provisions in Bill C-59 which, at first sight, seem to guarantee employment for the 225 employees of the House's Protective Services. This is especially so with respect to section 100 of the bill, which seems to protect the position of those currently employed by the House and of the Senate.

However, the association is concerned that the bill does not uphold the commitment made by the Speaker of the House in his motion of February 25, 2015, guaranteeing the employment of all employees of the House's Protective Services.

Indeed, Bill C-59 does not reflect this clear commitment and does not preclude a reorganization of work that could result in cuts or abolition of positions or modifications in terms of the workforce. Contrary to providing such job security, Bill C-59 introduces a significant amount of doubt and insecurity by requiring, as noted above, that both the PPS and the RCMP will be responsible for providing physical security throughout the Parliamentary Precinct, but without specifying who will do what, and by giving an unfair advantage to the RCMP in this regard by requiring that the director of PPS be an active member of the RCMP. This is a significant concern for the association, which would wish that the commitment made on February 25, 2015, jointly by the Speaker of the House and by the late Speaker of the Senate, Mr. Nolin, be clearly spelled out in Bill C-59.

To the extent permitted by the necessary discretion inherent to security operations, the association is available to answer questions that this honourable committee may have regarding division 10 of Bill C-59.

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