OTTAWA—The Senate is seeking to set up a process that would allow senators who face questions for travel or living expenses to quietly repay the money, the Star has learned.

The Senate standing committee on internal economy, budgets and administration is planning to debate a resolution behind closed doors this week that would allow senators whose expenses are flagged by administration to take part in a confidential dispute resolution process involving an arbitrator, according to a draft obtained by the Star.

That process could come to an abrupt end at any time — or never even begin — if a senator decides to reimburse the expenses in question, says the draft resolution to be debated by the committee.

One Senate source not authorized to speak publicly said there is concern among insiders that the proposed process could undermine the independence of the institution and potentially allow for future scandals to be swept under the rug.

It comes at a time when the Senate, still reeling from the expense scandal that has been making headlines for more than two years and the ongoing criminal trial of suspended senator Mike Duffy, awaits the results of a wide-reaching and potentially politically damaging investigation into expense accounts by the federal spending watchdog.

Auditor General Michael Ferguson’s report is expected to be tabled in the Senate the first week of June.

One senator familiar with the draft resolution suggested it could be one way to deal with senators whose expenses were flagged by auditors, as well as any problems that arise in the future.

Conservative Sen. Vern White, who is a member of the internal economy committee but had not yet seen the draft resolution Tuesday afternoon, said he would welcome anything that gives senators a clearer idea of how to proceed in these cases.

“Anything that adds clarity and gives an opportunity for both voices to be heard, I’d support,” White said Tuesday.

HOW IT WOULD WORK

Step 1.

If the Senate administration suspects a senator was using resources for anything unrelated to their parliamentary functions, or was reimbursed for an expense that was not allowed under the rules, guidelines and policies in place, the officials would report it to the subcommittee on agenda and procedure, also known as the steering committee.

The steering committee would then begin a confidential preliminary review, which would either conclude nothing was wrong, or that the senator misused resources or was not entitled to expenses they claimed.

Step 2.

The senator would then have a choice: reimburse the money, which would end the process, or appeal to an impartial special arbiter, who would lead a confidential dispute resolution process, which the senator could participate in by providing observations and evidence.

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Step 3.

The draft resolution says the arbitration process would end immediately if the senator reimbursed the amount demanded by the steering committee.

The only time the wider internal economy committee would be informed is if the senator refused to either pay the money back or take part in the dispute resolution process, or the arbiter rendered a decision that was unfavourable to the senator.

The senator familiar with the draft resolution dismissed the notion that this would add more secrecy to the issue, noting that any money reimbursed would show up online in disclosed expenses and the public accounts.

That senator also said if it was a serious issue, the internal economy committee could once again call in an external auditor like it did with previous cases.

The resolution also notes the internal economy committee could forward a file to authorities — such as the RCMP — if it believes a senator may have violated federal or provincial law.

Spokesmen for Senate government leader Claude Carignan and Senate opposition leader James Cowan both said Tuesday they would not comment on any resolution before it is debated by the committee.

Reimbursements

$90,172 — Suspended Sen. Mike Duffy reimbursed that amount in living expenses associated with his home in suburban Ottawa, but it was later revealed the money came from Nigel Wright, then chief of staff to Prime Minister Stephen Harper. Duffy is standing trial on 31 criminal charges of fraud, breach of trust and bribery, related in part to living and travel expenses he claimed while serving as a high-profile Conservative senator for Prince Edward Island.

$231,649 — The amount that Mac Harb, a former Liberal senator, reimbursed in living expenses as he abandoned his legal battle and resigned from the Senate in August 2013. Harb is scheduled to begin his trial on charges of fraud and breach of trust this summer.

150 — The number of travel claims the RCMP is combing through as part of its investigation into Sen. Pamela Wallin, who has repaid $154,191 in expenses. Wallin was suspended without pay along with Mike Duffy and Patrick Brazeau in November 2013. No charges have been laid.

$45,940 — The amount, excluding interest, the Senate says suspended Sen. Patrick Brazeau owes in living expenses claimed for his residence in Gatineau, Que. Brazeau has been charged with fraud and breach of trust related to those expenses.

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