Afghan documents debate heats up

Opposition MPs are calling on the HouseSpeakerto rule that thegovernment violated parliamentary privilege in refusingto hand over uncensored documents onthe transfer of Afghan detainees.

Liberal MP Derek Lee, NDP defence critic Jack Harris and Bloc Qubcois MP Claude Bachand argued inthe House on Thursday morningthat the Conservatives'refusalto abide by aHouse order tohand over the documents flies in the face ofparliamentary rights and traditions.

"If we don't stand up, efforts to undermine our constitution will have succeeded," Lee said.

Harris put forth a point of privilege calling for Defence Minister Peter MacKay, Justice Minister Rob Nicholson and Foreign Affairs Minister Lawrence Cannonto be found in contempt of the House if all unredacted documents are not handed over to the Afghanistan committee within 30 days ofthe Speaker's instruction.

The opposition has accused Prime Minister Stephen Harper of proroguingParliament for six weeksin an attempt tothwart a special Commons committee's probeinto allegations of torture of detainees transferred by Canadian soldiers into Afghan custody, as well as silence questionsover what the government knewof the allegations and whenit learned about them.

The governmenthas maintainedit can't hand over unredacted documents because of national security, butrecently appointed retired Supreme Court justice Frank Iacobucci to review the material and provide a report.

On Thursday, deputy government whip Tom Lukiwski told the House the governmentis taking "unprecedented measures" by appointing Iacobucci anddoing everything possible to comply with the order andkeepMPs "well informed" ofits efforts.

He also argued the Dec. 10 House order contains no provision for privacy or security, which he saidmeansthematerial would now be in the public domain if the government had complied.

Documents solution a 'difficult challenge': Rae

Liberal MP Bob Rae took issue with Lukiwski's contention that the House was demanding the documents be released publicly in their entirety.

"We are looking for a solution to what is without question a difficult challenge,"Rae later toldreporters outside theHouse."That is to say, how do we find a solution which deals with the concerns about security and secrecy and at the same time, respects the privileges of the House of Commons?"

Speaker Peter Milliken said he willconsiderthe oppositionmotions after he hears from the responsible ministers.

On the weekend, the government released Iacobucci's terms of reference, which included making recommendations as to what information, if disclosed, would compromise national security; deciding whether disclosing information for the purpose of public interest outweighs the purpose of non-disclosure, and whether any information is subject to solicitor-client privilege.