Parliament's sovereignty and people's well-being

---

THE parliamentary standing committee on the law, justice and parliamentary affairs ministry has put forward a legislative proposal aimed at compelling individuals summoned by it or any other committee to appear before it. The proposal also stipulates that the committees must be provided with any documents they ask for at any time.
Statutory provisions and guidelines governing aspects of conflict of interest presently do not exist. The Parliament must have laws for addressing the issues involving several conflict of interest. A number of them needs to govern well the eligibility of members to sit in the parliament and accept any other office, commission or employment in the service of the Government, with exceptions such as the offices of Cabinet Minister, Parliamentary Secretary or active service in the Armed Forces in wartime. Anyone who contracts with the government or who works for such a contractor is not eligible to be a Member of the Parliament and may not sit or vote in the House, although a Member may be a shareholder with a company having a government contract that does not involve building any public work. If a Member contravenes these provisions, his or her seat will be vacated, his or her election will be declared void.
All public office holders are subject to the Criminal Code's general provisions on corruption, including bribery, influence-peddling and breach of trust. For example, breach of trust occurs when a Member pays a person for work not performed, accepts payment from a person in return for hiring that person as an employee or contractor, and uses public funds for private travel. Should a person be convicted of one of these offences and sentenced to more than two years of imprisonment, that person is incapable of being elected or sitting or voting as a Member of Parliament. Nonetheless, in terms of its membership, the House retains the right to regulate its own internal affairs and procedures, free from any interference from the courts. This includes the right to enforce discipline on its Members by suspension or expulsion. Even where a Member has been convicted of bribery, or sentenced to imprisonment for an indictable offence for a period longer than the life of the Parliament, the Member cannot be deprived of his or her seat unless the House decides so.
Gopal Sengupta
Canada,
e-mail:gopalsengupta@aol.com