The Standing Committee on Government Operations and Estimates has the honour to present its

FOURTH REPORT

This report provides the House with a statement of the central findings of the Standing Committee on Government Operations and Estimates relating to matters that have arisen concerning the Privacy Commissioner. Officials of the offices of both the Privacy Commissioner and the Information Commissioner, having acknowledged that they were testifying under oath and had a duty to speak the truth, have given the Committee information during a series of in camera hearings that has compelled Members to conclude, unanimously, that the Privacy Commissioner has deliberately misled the Committee on several recent occasions. Committee Members believe the Commissioner has misled the Committee with respect to:  (a) the circumstances under which the Office provided a copy of a letter from which one of the original paragraphs had been deleted; (b) a set of expense reports whose incompleteness was not acknowledged in the cover letter; (c) travel expense forms on which there had been an attempt to conceal, by the application of white-out material, certain information.; and (d) the reasons for his failure to appear in person at a hearing on the Commission's main estimates .  When these concerns were brought to the attention of the Commissioner or Office officials, some additional documents were provided but the Commissioner has continued to mislead the Committee with respect to these matters in subsequent letters and testimony before the Committee. Absolute honesty, in reporting to Parliament and its committees, is a central requirement for all officers of Parliament.  Unconditional confidence in that honesty, on the part of parliamentarians, is essential if Parliament is to support its officers in their important duties.  Having deliberated upon the findings set out above, Members of the Committee are in unanimous agreement that they have lost confidence in the Commissioner.  We are no longer able to believe that information provided by the Privacy Commissioner about his activities can be assumed to be accurate and complete. Furthermore, evidence provided to the Committee raises concerns about financial practices in the Office of the Privacy Commissioner, and the Committee has requested by letter that the Auditor General conduct a comprehensive audit of financial practices at the Commission. The Committee wishes to commend the public servants who came forward with information despite, in some cases, their belief that they had been directly or indirectly threatened for undertaking to do so.  The Committee has requested by letter that the Public Service Commission investigate hiring and promotion practices at the Privacy Commission, and use its authority to ensure that staff are not subject to interference or other negative consequences as a result of their appearances before this Committee. This interim Report has been prepared to provide central findings to the House at the earliest possible instant, because of the gravity of the issues involved.  It will be followed by a more detailed final report elaborating on the evidence that has led the Committee to the conclusions stated above.

A copy of the relevant Minutes of Proceedings (meetings no 48, 52 and 53) are tabled.

Respectfully submitted,

Reg Alcock

Chair