You're Kidding, Right?

Harper Cleared Of Ethics Violation

Bruce Cheadle, Canadian Press
Published: Monday, March 20, 2006

OTTAWA -- The practice of switching political stripes for a cabinet job needs a good public airing, says the federal ethics commissioner, but does not break current ethical rules for MPs.

In a report Monday, Bernard Shapiro cleared Prime Minister Stephen Harper and International Trade Minister David Emerson of any wrongdoing under Parliament's conflict-of-interest code.

But Shapiro said the timing of Emerson's move to the Conservatives, just days after he won his Vancouver seat as a Liberal in the Jan. 23 federal election, raised ethical questions for voters who felt their ballot "was somehow devalued, if not betrayed.''

"Although technically there has been no violation to the rules of conduct of the members' code, the incident in question does raise the whole issue of whether the principles upon which it relies have been respected,'' Shapiro wrote in his report.

"In the final analysis, the most appropriate place to settle issues of this kind is not in the office of the ethics commissioner but in Parliament itself.''

Harper's reaction was terse.

"This was never an ethics issue,'' the prime minister said in a release. "Today, the ethics commissioner has confirmed that there was not even a basis for an investigation. This comes as no surprise.''

Harper called the widespread criticism of Emerson's cabinet appointment "nothing more than a partisan effort to demean his fine record of public service.''

Emerson, in keeping with a recent PMO gag order on all cabinet members, was not available to comment.

New Democrats responded by vowing to reintroduce a floor-crossing bill when the Commons returns next month.

Winnipeg MP Pat Martin praised the Shapiro report, saying it makes clear that under the existing rules it is fair game to offer a cabinet job to get someone to switch parties.

"That's helpful information for us,'' said Martin. "Now, we've got to go fix the root of the problem.''

The NDP floor-crossing legislation, which was supported by 40 Conservative MPs in the last Parliament, died on the order paper when the election was called. The bill would force any MP contemplating a party switch to first sit as an Independent, awaiting re-election under a new banner.

Three opposition MPs had alleged that Harper improperly induced Emerson to switch parties by offering the former Liberal industry minister the perks and pay of a cabinet minister.

This, they argued, broke three sections of Parliament's Conflict of Interest Code for MPs.

Shapiro ruled otherwise.

"I am satisfied that no special inducement was offered by Mr. Harper to convince Mr. Emerson to join his cabinet and his party,'' he wrote.

"In addition, there is no reason and certainly no evidence to contradict Mr. Emerson's own claim that accepting Mr. Harper's offer seemed, at least to him, a way to better serve his city, province and country.''

Yet the report doesn't give a blanket clearance for any floor-crosser to demand or to be lured by a cabinet post.

In fact, Shapiro wrote that MPs who switch parties just before important parliamentary votes are breaking the ethical rules.

"Clearly, if the prime minister were to approach a member with an offer of a cabinet position with the sole intent and specific purpose of acquiring that member's vote directly linked to a parliamentary proceeding existing at that time, such conduct would be inappropriate and unacceptable,'' he wrote.

Both the NDP and the ethics advocacy group Democracy Watch said Monday they intend to continue to pursue a complaint against Liberal MP Belinda Stronach. She jumped from the Conservatives to Paul Martin's cabinet last May, just two days before her vote proved instrumental in the Liberals surviving a confidence measure in the House.

Shapiro has not yet responded to requests for a Stronach investigation.

Democracy Watch is taking Shapiro to Ontario court next month in an effort to have him forced from his job for failing to enforce the provisions of the ethics code. His latest ruling just reinforces their case, said spokesman Duff Conacher.

"It's typical. He wants to let everyone off the hook. He's done it again and again.

"Voters have a right to have this code enforced, even if parliamentarians keep in place a hack who doesn't enforce it.''

One issue the report did put to rest was opposition threats of holding Harper in contempt of Parliament next month for refusing to assist Shapiro.

Despite public assertions from his office that he was "loath to co-operate'' with the investigation, Harper in fact provided the ethics commissioner's office with both an interview and a written response, the report said.