Howard Charles Green
Progressive Conservative
Mr. H. C. GREEN (Vancouver South) :
Mr. Speaker, it is my understanding that the Minister of Reconstruction and Supply (Mr. Howe) is not speaking at this stage of the discussion on the motion for second reading of the bill, but I presume that he will be making a statement in concluding the debate.
The atomic energy control bill, unlike most of the bills that come before this house, breaks new ground. It is an attempt to deal with a new problem, that of the control of atomic energy, and to do so at a time when no one can be sure of the potentialities of this new power either for good or for evil, its potentialities for the improvement of the lot of humanity or for the destruction of our civilization.
Canada is directly concerned for several reasons. In the first place, in our country there is one of the main sources of the mineral from which this atomic energy is produced, namely uranium; it is found away off in the northwest territories of Canada. Secondly, Canadian scientists and manufacturers have taken a very big part in discovering the secret of atomic energy and of putting that energy to use. Canada is concerned for a third reason, in that we share with the United States and the United Kingdom many of the secrets of manufacture, and finally, because this nation is a member of the united nations atomic energy commission. Membership of that commission is confined to the eleven nations that have been elected to the security council, with the addition of Canada. So I repeat that we are directly concerned with this question of atomic energy.
Now Canada must devise methods to control and supervise the development and the application and use of atomic energy. I think the situation is very well described in the preamble to the bill we are considering, No. 165:
Whereas it is essential in the national interest to make provision for the control and supervision of the development, application and use of atomic energy, and to enable Canada to participate effectively in measures of international control of atomic energy which may hereafter be agreed upon;
The Progressive Conservative party, for whom I am speaking to-day, agree that it is essential in the national interest that there should be a measure of this type. We are willing to cooperate with the government and with the other parties in working out the best possible methods for the development and control of atomic energy. Any suggestions we make about this bill to-day are made in that spirit, with a desire to be helpful, and I am sure that any other member of this
Atomic Energy Control
house who speaks on this bill, no matter to what party he belongs, will approach the consideration of the measure in exactly the same spirit.
We suggest to the house that it would be wise, after second reading of the bill, to refer it to a special committee for study. We think that the best type of committee would be a joint committee of the senate and of this house. We make this suggestion believing that this is the most important subject for legislation which has been before a Canadian parliament perhaps since confederation, certainly since the turn of the century. We believe that very careful consideration should be given to the bills which have been brought in in the United States and in the United Kingdom, and we do not believe that that can be properly and thoroughly done with the house in committee of the whole.
The minister has been kind enough to lend me a copy of the United Kingdom Act. One cannot get a copy of that act in the parliamentary library. Nor can one get a copy of the bill, known as the McMahon bill, which has just passed the United States senate; I believe the minister has a copy but copies are not available in the library. I have here the Congressional Digest for May 1946, which features what congress is doing to solve the problem of atomic control, (1) domestic, (2) international, and I recommend to any members who are interested in the subject that they look at this copy of the Congressional Digest. It gives a very fine review of the legislation and of the discussions which have taken place in the United States. I think it would be helpful if the minister could have printed in the Votes and Proceedings of the house for to-day a copy of the United Kingdom bill and also a copy of the McMahon bill. If that were done, every member who wished to do so would be in a position to study these bills.
The minister has told me that the United Kingdom bill to which I have referred has been passed by the United Kingdom parliament. I am not sure of this; perhaps he will confirm that to-day. I am unable to find from the records in our library whether or not the bill has actually gone through the House of Commons and the House of Lords. It was presented to the House of Commons on May 1, but the copies of the British Hansard which have come to hand so far do not contain any discussion on the bill, and so far as I can find, although I may be wrong, it has not yet actually become law.
Another reason for our suggestion that this bill be studied by a special committee is that the drafting of atomic energy legislation
is very difficult. The Americans found that. For example, I quote from page 143 of the Congressional Digest this statement:
Just what is the problem in drafting atomic legislation? The chief difficulty is the fact that never before in history has any government attempted to make a law governing the forces of nature. It presents a multitude of technical and legal problems.
At page 139 of the same issue is a statement by Doctor Vannevar Bush. As lion, members know, Doctor Bush was a member of the committee which was appointed by the late President Roosevelt, two and a half months before the atom bomb was used, to consider atomic legislation. Doctor Bush is the chairman of the United States office of scientific research and development. This is what he has to say about the legislative difficulties involved in atomic energy legislation:
No more intricate and exacting problem was ever posed to government than this one. It is inherently complex because 'the science of the atom is complex. . . The fact that the deadly military potentialities^ of the atomic bomb and the beneficent industrial applications of atomic power are inextricably intermixed complicates it further. Preventing war is a long task, which must be done bit by bit, step by step; so also is the development of peaceful atomic power. The two must be related in our thinking, and what we do toward achievement of the one must be weighed in the balance of its effect on the other.
Again, there is an almost complete lack of knowledge of this whole question, not only in this house but, I submit, throughout the country. There have not been discussions on the radio and in open forums across Canada such as those that have taken place in the United States. Our people are not informed on all the facts in connection with atomic energy. It should be fundamental that the people as a whole have some understanding of these problems before legislation is passed in this house; otherwise our democracy is not functioning properly. It cannot function properly if there is not a chance for the people to understand something at least of what is being discussed in the legislatures.
I think it would be most unwise to rush this bill through, to put it through second reading this afternoon and through committee tonight and to-morrow. Instead of doing that, we Should give the bill second reading to-day and send it to a special committee. It can be dealt with again by this house in committee when it comes back from that special committee. But no matter where or how the bill is to be considered, there are many features which should be borne in mind, and this afternoon I propose to deal with eight of them. There will be many more, but I have picked out the eight which in my opinion are of vital importance.
Atomic Energy Control
In the first place, we should compare the controlling authorities which are to be set up in the United States, in the United Kingdom and in Canada. Under this atomic energy control bill we are providing for a board to be called the atomic energy control board. There will be five members on that board. In the United States they have set up a board of five, known as the atomic energy control commission; but in the United States they have in addition three watch-dog committees. I will explain these in greater detail in a minute or two.
In the United Kingdom bill there is no board at all. There, all the responsibility as well as the power is given direct to the minister of supply. He is the one named throughout the bill as the person in charge of development and control of atomic energy, and that of course has one very great advantage. It puts the responsibility right in parliament, because the minister has to stand up in parliament and answer for everything he does under the powers given him by the bill. There is no suggestion there, as I interpret their bill, of having an outside board or commission given these powers.
The powers are the most far-reaching given for many a long year by any parliament. These powers are to be given in Great Britain to the minister of supply, in the United States to t'he atomic energy control commission, and in Canada to the atomic energy control board, and they are tremendous powers. That is the only way in which they can be described. I repeat therefore that the first question that must be carefully considered is what type of controlling authority is to be set up in Canada.
The second consideration should be this. If we are to have a board such as the bill provides, should there or should there not be watch-dog committees? I have pointed out that in the United States legislation, under the McMahon bill, which, by the way, has passed the senate only and may not get through the house of representatives, they have a board of nine civilian advisers serving in an honorary capacity, being paid only a certain amount for their expenses. They get no remuneration. They are appointed by the president. At page 140 of the Congressional Digest there appears the following explanation:
A board of civilian advisers is to be appointed by the president to meet at least four times a year and consult with the commission on scientific and technical matters relating to materials, production, research and development.
In Canada we are making no provision in this bill for any such advisory boards. In the United States there is a second watchdog
[Mr. Green.l
committee which is known as the military liaison committee, and it is described in the following language;
A military liaison committee, appointed by the secretaries of war and navy, is to consult with the commission on all activities relating to the military applications of atomic energy. This provision has been adopted to give the armed forces a proper voice in such matters as development, manufacture, storage, and use of bombs; allocations of fissionable materials for military research; control of information relating to the manufacture and use of atomic weapons. Upon receiving the recommendations of the military liaison committee, the secretaries of war and navy may at their own discretion carry to the president a protest against any of the commission's actions or failures to act in reference to the matters described. In such event, final decisions are made by the president.
The minister may say that in Canada we are not going to be manufacturing atomic bombs, but I submit that some consideration should be given to the setting up of a military liaison committee because of the fact that the mineral from which atomic bombs are made is found in Canada. This brings us to the question of defence. We must accept responsibility for defending these minerals. I suggest therefore that there is a good deal of merit in having some sort of military liaison with the atomic energy control board.
The third watchdog committee in the United States is a permanent joint committee of the congress. It is composed of nine senators and nine representatives. Their job is to make continual studies of the development of atomic energy and to keep congress fully acquainted with such developments. Under the Canadian bill there is no such provision. In the United States there are these three watchdog committees, and I think there is some merit in having committees of that type. Mind you, they are not supreme; at all times the atomic energy control commission is supreme. These committees are merely there to check on its activities and have been appointed because the power given to the atomic energy commission is so tremendous and atomic energy may mean so much both in the civilian life of the nation and in the event of war.
The third question which should be given careful consideration is this; Is there or is there not sufficient control over this new board so far as parliament is concerned? In the explanatory notes to the bill hon. members will find this statement:
Control by parliament is provided for by sections 15 (making the board generally subject to the provisions of the Consolidated Revenue and Audit Act, 1931), 16 (providing that expenses of the board are to be paid out of moneys appropriated by parliament for the purpose except to the extent that the board or a company may receive funds through the conduct of its operations or by gift or other-
Atomic Energy Control
wise), 17 (providing for audit by the auditor general), 18 (declaring that works or undertakings relating to atomic energy are works for the general advantage of Canada) and 21 (providing for an annual report by the board to the committee-
Which means to the committee of the cabinet on scientific and industrial research.
to be laid before parliament and for the making of such other reports as the committee may require.
These provisions are all right as far as they go. I have already pointed out that in the United States they have a permanent joint committee composed of nine senators and nine congressmen. In Great Britain the minister is directly responsible to parliament. That, of course, gives far more control than we can have under the Canadian system. But there is a further control, and a very beneficial one, provided for in the United Kingdom bill. The minister has wide powers to make orders. For example, under section 10 of the United Kingdom bill the minister may by order provide for prohibiting, except under the authority of a licence granted by the minister, the production and use of atomic energy. These are sweeping powers which he can exercise by order, but every order he makes must be laid before parliament and is subject to what is called negative resolution,-by the way a negative resolution not only by the House of Commons but by the House of Lords. Either house can bring in a resolution revoking the order which has been made by the minister. That provision is found in section 15, subsection 1. It reads as follows:
Every order made by the minister under this act, except an order made under section 7 thereof or an order varying or revoking such an order,
Those are orders in connection with expropriating property. They are the ones which are exempt from this provision.
-shall be laid before parliament forthwith after it is made, and if either house of parliament, within a period of forty days beginning with the day on which any such order is laid before it, resolves that the order be annulled, the order shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of a new order.
In reckoning any such period of forty days no account shall be taken of any time during which parliament is dissolved or prorogued or during which both houses are adjourned for more than four days.
That, of course, gives parliament drastic control. No such provision is to be found in the Canadian bill.
The fourth feature which I suggest for consideration is, should the Canadian atomic energy control board be on a full-time or a part-time basis? Should it be advisory or
operative? The United States commission is a full-time body. Five men serve full time. According to the statements made by the minister during the debates of the last few days the Canadian government has not decided on this point. I shall refer hon. members to page 1905 of Hansard of May 27, 1946, where the minister used these words:
The atomic energy control board is primarily a policy board.
A little later on he said:
The operation of the Chalk River plant, however, would be associated with the national research council. The atomic energy commisison would determine policy in the use of the product and in disseminating knowledge of atomic energy as it affects the people as a whole. But the operation of the Chalk River plant would naturally and, I think, necessarily be under the direction of the national research council, from which it would draw practical^- all its scientists.
On June 3 the minister made a further statement which is found at page 2120 of Hansard. He was asked what power the board would have, whether it would be advisory or operative. He said:
It will depend upon the view of the board when it is appointed whether it should be an operating board or simply a policy board. The board will be closely allied with the national research council in any event, and it may be the decision will be that the national research council shall do the actual operating or it may be that the board itself will be the operating body.
On page 2123 the minister made another statement to this effect:
The decision as to whether it will, in fact, be an operative body will be left largely to the board itself. The present intention would be to clothe the board with the duty of actually operating the project.
He was there referring to the Chalk River project. I continue with the statement:
However, no decision has finally been taken, and I should not like to commit myself at this time and say that the board will be an operating body.
Hon. members will notice that in section 4, subsection 2, of the bill, provision is made for salaries, if any; there is that proviso, "if any," showing that there is some question as to whether or not the members of the board are to be on a full-time basis. Provision is made in section 6 that the board must meet at least four times a year. Then there is the fact that the president of the research council is to be a member of the board. Obviously he cannot be a full-time member because he has many other pressing duties. It seems to me that the decision whether the board is to be a full-time one or not is fundamental and should be made by the government or by the house without further delay, because it makes a great difference in the way the controls are to be set up.
Atomic Energy Control
There seems to be a doubt as to the relative positions of the atomic energy control board and the research council. The measures that have been brought in obviously provide for either eventuality. They constitute what one might call double barrelled legislation. Under the legislation either the board or the research council can operate. I repeat that consideration should be given to the question whether we are to have an advisory board or an operative board.
The fifth feature that I should like to bring to the attention of hon. members is that the bill may unduly hamper research. I notice that both in the United States and in the United Kingdom there was great concern lest there should an interference with research work. Apparently scientists are very much afraid that they may not be allowed full scope; they are afraid of being interfered with. The Canadian bill does give power, and I think ample power, for research work by the board itself or by its employees; but what about research by other bodies? It seems to me that the bill should be extended to make it perfectly clear that certain types of research can be carried on by other bodies. They have done that in the United Kingdom. I shall read from paragraph 6 of the explanatory memorandum which accompanies the United Kingdom bill, where we find this statement:
. . . the minister is to ensure, so far as practicable, the availability of materials and plant for research and educational purposes and for commercial purposes not related to atomic energy.
That is set out in section 10, subsection 2 of the United Kingdom bill, in the following terms:
The minister shall secure so far as practicable, by the issue of licences in such cases or classes of cases as he thinks fit, that such minerals, substances and plant as aforesaid are available for purposes of research and education and for commercial purposes not involving the production or use of atomic energy.
The Americans have a similar provision. In the Congressional Digest for May we find this statement at page 141:
In drafting the bill, the committee has been particularly careful to refrain from inserting prohibitions or restrictions of any nature on scientific research (other than) the minimum necessary to protect national security and prevent hazards to public safety and health.
The sixth feature-and hon. members will be glad to learn that there are only two more after this-is what should be done about inventions in the field of atomic energy. The Canadian bill deals with inventions made by the staff, and I think it covers them fairly well. But what about inventions made outside? What about private inventions? Both
[Mr. Green.1
the Americans and the British have dealt with this subject specifically in their legislation. This is a description of the American provision :
In considering the patent implications of these provisions, the committee concluded that private patents can play no role in fields of activity reserved exclusively to the government. The bill provides that inventions and discoveries in these fields shall not be patentable matter. To assure the commission of access to new inventions and to provide inventors with financial inducements in lieu of patent rights, the bill requires that such inventions be reported to the commission and creates a patent compensation board with authority to make awards to inventors.
In the United Kingdom also they have dealt with that subject. I quote now from paragraph 8 of the explanatory memorandum:
Special provisions regarding inventions in relation to atomic energy are contained in clause 12. The comptroller general of patents, designs and trade marks is required to prohibit or restrict the publication of information concerning an application for a patent of this nature, and to notify the minister, serving a copy of the notice on the applicant.
I believe no such provision is in the Canadian bill, nor does it contain power to carry that out.
The minister may inspect the deposited documents; and, if he is satisfied that the invention is not of importance for purposes of defence, the ban on publication will be lifted by the comptroller general. In addition, the clause prohibits, except with the written permission of the comptroller general, the making of applications outside the United Kingdom, by a person resident therein
That is, for a resident of England or Scotland to apply for a patent in France having to do with atomic energy.
-for the grant of patents in respect of such inventions, unless application for a patent for the same invention has already been made in the United Kingdom, and either no ban on publication has been imposed or any such ban has been lifted.
Then it goes on:
The powers of the minister under section 29 of the Patents and Designs Act, 1907, are extended by clause 12 so as to include power to make, use, exercise or vend an invention for purposes relating to atomic energy; and the minister may authorize the use of any drawing, model, plan "or other document or information.
There is no such power in Canada, as I read the statutes. We have a Patent Act, it is true, and under section 19 of that act we find the government may use-and the word is [DOT]"use"
a patented invention. The section reads:
The government of Canada may, at any time, use any patented invention, paying to the patentee such sum as the commissioner reports to be a reasonable compensation for the use thereof, and any decision of the commissioner under this section shall be subject to appeal to the exchequer court.
Atomic Energy Control
The British go much further than that. The government takes not only the power to use but the power to sell any of these private inventions made outside the government service, and I think consideration should be given to the whole question of the treatment of inventions under this bill.
The seventh feature is the power given in the bill to set up crown companies. I am not going to repeat the arguments we have offered against these crown companies which are set up under part I of the Dominion Companies Act. We have no objection to their being set up by special statute, but we do object to this general power being given the national research council, and now the atomic energy control board, to set up one or any number of companies without coming to the house. There is no such provision in the United Kingdom legislation, or in the McMahon bill which has been passed by the United States senate. Just to give hon. members an illustration of how the power given under the Canadian bill might work; if the atomic energy control board is to be merely an advisory board rather than an operative board, then it will be functioning through these crown corporations; that means the real power will be in the hands of the president and officers of the crown company, just that much further removed from any parliamentary control and just that much closer to the dangerous position of allowing private individuals to take control of atomic energy.
I believe that is one danger which must be considered in connection with atomic energy; the possibility of a group of gangsters getting in a position where they control atomic energy. Perhaps some hon. members read the funnies. Judging by what I see around here when the afternoon papers come in, I guess they all do.
Subtopic: PUBLIC CONTROL AND SUPERVISION OF DEVELOPMENT, APPLICATION AND USE