Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 April 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 6)

2008-04-07

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 April 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 6)

2008-04-07

Newfoundland and Labrador — Debates (Hansard)

April 7, 2008

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 6

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: Today, the Chair would welcome members' statements from:

the hon. the Member for the District of Bonavista North; the hon. the Member for

the District of Cartwright-L'Anse au Clair; the hon. the Member for the

District of Exploits; the hon. the Member for the District of Burgeo &

LaPoile; the hon. the Member for the District of Ferryland; and, the hon. the

Member for the District of Port de Grave.

The hon. the Member for the District of Bonavista North.

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: Thank you, Mr. Speaker.

I rise today to acknowledge the athletic achievements of the Senior Boys

Basketball Team from Lester Pearson Memorial High. The Astros, hailing from the

New-Wes-Valley area, recently captured the 3A regional title by defeating a very

capable team from Twillingate in the final game of the tournament.

The Astros are developing an impressive and certainly well deserved

reputation as being one of the finest basketball squads in the Province. This

year the team, coached by Mr. Bryan Green and Mr. Mike Tiller, has medaled on

six different occasions. This impressive run has seen the boys add three Gold

and three Silver medals to the school's impressive collection of sports

awards.

Basketball is a relatively new sport in the area, and the Astros' rapidly

developing program provides a clear indication of the true depth and breadth of

talent that exists in rural regions of our Province.

Mr. Speaker, I ask all members of this hon. House to join me in

congratulating the Lester Pearson Astros on their tremendous achievements and

wishing them continued success in the future.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Cartwright-L'Anse

au Clair.

MS JONES: Thank you, Mr. Speaker.

I rise in the House today to recognize two remarkable young men from the

District of Cartwright-L'Anse au Clair. Michael Belben of L'Anse au Loup and

Mark Freake of Charlottetown were part of a group of twenty-seven students from

across Canada participating in a program called Global Vision Junior Team. This

group travelled on an economic trade mission promoting Canadian business

interests in Southeast Asia and visited the countries of Singapore, Malaysia and

Vietnam over a period of two weeks.

Mr. Speaker, these young people were looking to promote Canadian business

interests in Southeast Asia and seek out opportunities for Canadian investment

and do market analysis. During their time in Asia, they met with various

business leaders including the CEOs of Nortel Asia, Talisman Vietnam and

Manulife Asia, as well as government officials like the Canadian Ambassador to

Vietnam and the Canadian High Commissioner in Singapore and Malaysia. They also

took time out from their meetings to visit an Oxfam site near Hanoi, Vietnam, to

help the children.

These two young men come from communities in Labrador with populations of

less than 500 people, and yet ended up in some of the most diverse cultures in

the world promoting our country through presentations and networking. Mr.

Speaker, as their MHA, I am certainly impressed with their tremendous

accomplishments and I would like to commend both Michael and Mark for the great

representation they made on behalf of our Province and Canada while

participating in the Global Vision Junior Team Canada.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Exploits.

SOME HON. MEMBERS: Hear, hear!

MR. FORSEY: Mr. Speaker, it gives me great pleasure today to stand in

this House to congratulate the Flying Boat Festival International on receiving

the Ambassador of the Year Award for 2007 sponsored by the Exploits Valley

Economic Development Corporation.

This award is presented to a business or organization that has contributed

significantly to increasing the profile of the region throughout the Province or

Country.

The festival is a joint venture by the Towns of Botwood and Norris Arm, and

the 2007 celebrations marked the seventieth anniversary of the first successful

experimental Trans-Atlantic Commercial Flight between Botwood and Foynes,

Ireland.

Mr. Speaker, in 2007 visitors from all over the world visited the area and

the economic benefits to the entire region were very positive. Furthermore, the

American Bus Association also designated the festival as one of the association's

Top 100 events in North America for this year in 2008.

Mr. Speaker, I ask all member to join me in congratulating the Flying Boat

Festival Committee on their accomplishments.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Burgeo &

LaPoile.

MR. PARSONS: Thank you, Mr. Speaker.

I rise today to recognize and congratulate Captain Leslie Cutler of Ramea on

his retirement from the Marine Transportation Services division of the

Department of Transportation and Works.

Captain Cutler has worked for over twenty-five years with the provincial

ferry service and he will be sorely missed. He has been very well respected by

his peers, his colleagues, and the travelling public.

In addition to his duties as Captain - most notably of the Gallipoli ,

which operates between Burgeo, Ramea and Grey River - Mr. Cutler has been

heavily involved in volunteer activities in his home community of Ramea.

He is currently a lay reader with the church, a volunteer fireman, a member

of the Ramea Community Co-op, a member of the Health Services Committee and head

of the Orangeman's Lodge in Ramea. He is married to the former Millie Pink and

they have two sons and one daughter.

There will be a retirement dinner for Captain Cutler at the Four Winds in

Ramea this evening where he will be honoured by his colleagues from the

Department of Transportation and Works, family and friends.

Mr. Speaker, I ask all members of this House to join with me in extending

congratulations to Captain Leslie Cutler on his retirement. All the best to

Captain Cutler and his family, and I wish you many years of a healthy and happy

retirement.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Ferryland.

SOME HON. MEMBERS: Hear, hear!

MR. HUTCHINGS: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this hon. House today to recognize an individual from

my district who was chosen as one of Canada's Outstanding Principals for 2008,

and is only one of thirty-three from across Canada to receive this prestigious

honour. The awards are the initiative of the Learning Partnership, a national

non-profit organization dedicated to championing a strong public education

system in Canada. Canada's Outstanding Principals Program honours the

extraordinary contributions of the dynamic educational leaders in publicly

funded schools.

Mr. Jim Lynch is the Principal of Mobile Central High on the Southern Shore

and as well a former teacher of mine. I have experienced first hand his

dedication to his duties as a teacher and the mentoring role he plays for the

students of the past, and today.

The criteria for the selection of this award covered a wide spectrum of

personal characteristics which highlight the professionalism of this individual

and his commitment to the students, the school, and the contribution to the

region as a whole.

This award highlights individuals who are champions of a strong public

education system in Canada and honours the extraordinary contributions of

dynamic leaders.

Mr. Speaker, it is indeed a privilege for me to congratulate Mr. Lynch for

the outstanding contribution he has made, and is making to the students, staff,

and the communities being served by Mobile Central High.

I ask all members to join with me in congratulating Mr. Lynch on his award

and wish him continued success at Mobile Central High.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

On March 11, 2008, I paid tribute to Robert Slaney of Upper Island Cove, a

member of the Cape Breton Screaming Eagles Hockey Team, for being selected as

one of five finalists for the Marcel Robert Trophy Award.

Today, Mr. Speaker, I am proud to announce that Robert was the winner of the

coveted Award for Scholastic Player of the Year in the Quebec Major Junior

Hockey League. As winner, Robert received a grant of $500 and the Guy Lafleur

Student-Athlete Bursary of the Year for $6,000.

The next stage is set, Robert will compete against the winner of the Ontario

Hockey League and the Western Hockey League for the C.H.L. Scholastic Player of

the Year Award.

Mr. Speaker, with fifty-five points in sixty-four games, and excellent

classroom statistics, Robert Slaney is a force to be reckoned with on and off

the ice.

I ask all members to join me, along with Robert's parents and family, in

wishing him every success as he competes for the title of Canadian Hockey League

Scholastic Player of the Year.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

I rise in the hon. House today to inform my colleagues and the people of

Newfoundland and Labrador of the results of a recent Chilean aquaculture mission

that I participated in along with senior officials in my department.

The mission also included ministers and officials from the Governments of

Canada, Prince Edward Island, New Brunswick, Nova Scotia and British Columbia.

While in Chile, I had the opportunity to visit Aqua Sur, the largest

aquaculture trade show in the Southern Hemisphere and to attend a roundtable

with officials from the Government of Chile, where I was able to promote to the

Chileans the tremendous growth of our industry as well as its future potential.

The visit also included a tour of a number of farming sites and processing

facilities.

Mr. Speaker, Chile is the second largest producer and exporter of aquaculture

products in the world. At the present time, it is producing approximately 80,000

metric tons of mussels and well over 350,000 metric tons of salmon annually. The

Chilean industry employs approximately 45,000 people.

Given the size of the Chilean aquaculture sector, this mission provided a

tremendous opportunity to explore the challenges that are associated with the

rapid development of a successful and sustainable aquaculture industry, as well

as the solutions to such challenges.

This is very timely for Newfoundland and Labrador as we are currently

experiencing a very rapid expansion of our own aquaculture sector. In five short

years, the production and value of our industry has more than doubled.

A key objective during the visit was to explore best practices as it relates

to fish health, an area where Chile has experienced some challenges. However, it

became clear during the mission that the Chilean industry is certainly learning

to overcome those challenges.

Mr. Speaker, our deliberations in Chile confirmed that our own fish health

initiatives, including a $4.3 million Aquatic Veterinary Diagnostic Facility,

are very strategic at this point in our development and that, in terms of fish

health and environmental sustainability, we are keeping pace with our own

expansion.

The mission also highlighted a key advantage of our Province in terms of

market access. While Chile enjoys a very large scale production, its

geographical location makes it very difficult for that country to export fresh

product into key markets such as Europe and the North Eastern United States.

Given our proximity to both, it is increasingly clear that the export of

fresh seafood into these markets provides Newfoundland and Labrador with a

significant competitive edge.

Mr. Speaker, the mission to Chile was a very successful one. My department

has approached the provincial industry representatives who travelled to Chile

regarding a follow-up meeting to discuss how we can take the lessons of our

visit and apply them directly to our continued strategic development in

aquaculture.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I would like to thank the minister for an advanced copy of his statement

today.

Mr. Speaker, we are pleased that the minister and his officials had a

successful mission to Chile to look at the aquaculture industry. We certainly

realize and understand that aquaculture is a very important entity of the

fishing industry in Newfoundland and Labrador. I think last year it had an

export value of about $40 million and it is contributing to employment in rural

communities throughout this Province and contributing to new opportunities in

the fishing industry. We want to see it successful and we want to see it grow.

Mr. Speaker, an integral part of that is ensuring that is has a strong

marketing division and being able to sell our product and export our product

anywhere in the world. I guess I want to ask the minister: Has there been any

progress made in establishing a new marketing arm for the fishing industry in

this Province? As you know, with the dismantling of Fishery Products

International, we saw one of the best marketing arms that we had in this

Province practically disappear. That needs to be replaced. We need a

strengthening division there, and hopefully, government is making some progress

on that end.

The other thing, Mr. Speaker, is we support the fact of having a good top

value product, ensuring that our products are one of the best that we put in the

marketplace. We understand that a lot is happening in the sealing industry today

and the depreciation of some of the seal pelts is due to the fact that we have

not had the best possible quality that we could have been producing in

Newfoundland and Labrador. We are going to move to correct that this year in

that industry and I think that needs to be the norm throughout all industries,

whether it is aquaculture or whether it is some other aspect of the fishing

industry such as the sealing industry.

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker, and I thank the minister

for the advance copy of his statement.

I, too, am encouraged by the minister and members of his department going as

far afield as Chile to see what is happening in that country when it relates to

aquaculture. The more that we can learn about aquaculture, the better.

We do know that in some parts of Canada there have been some adverse events

with regard to aquaculture, so I encourage the minister and I am sure he is

to be in touch with those events as well, and circumstances where

aquaculture has run into problems.

I notice in the report that was released in February by the Minister of

Environment, and I think jointly with the Minister of Fisheries, the report

issue scans of selective coastal and ocean areas of Newfoundland and Labrador,

there is concern raised, especially in the Coast of Bays area, with regard to

aquaculture, and concern especially with regard to the ability of road

infrastructure, waste management infrastructure, and existing support industries

to support their growing aquaculture industry. So, I do encourage the minister

to look to the reality of what is happening in our Province, too, and make sure

that we have adequate assessments done, especially environmental assessments,

with regard to the aquaculture industry, but I do support what you are doing.

MR. SPEAKER: Further statements by ministers.

The hon. the Minister of Human Resources, Labour and Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Mr. Speaker, I rise today in this hon. House to acknowledge

the valuable role that the Community Youth Network, or CYN, plays in helping

youth succeed in our Province. Our government is firmly committed to expanding

services for young people and to building capacity at the community level in

support of our provincial Poverty Reduction Strategy.

In keeping with the goals of the strategy, the CYN helps address the need to

decrease barriers to education and employment, and improve the quality of life

for our young people. The organization continues to grow. Today, the CYN

provides a positive and nurturing experience for over 14,000 young people in

this Province, and now serves forty-eight communities directly while providing

outreach to youth living in another forty-five communities across the Province.

Last year, government provided an additional $650,000 to expand the CYN to

young people in the communities and areas of Cape Broyle, Bonavista, St.

Lawrence, Grand Falls-Windsor, Corner Brook and St. Anthony.

Mr. Speaker, the CYN approach is built on partnership. There are over 200

working partnerships with community-based organizations throughout the Province.

They assist each local CYN in the development and delivery of meaningful

programs and services for youth.

The Youth at Promise Challenge Program is a successful example of a CYN

partnership with Choices for Youth and several other agencies. This nationally

and internationally recognized program re-engages youth who have not completed

high school. It offers an innovative group teaching approach to meet the

academic needs of participants while addressing the personal and social

challenges they face outside the classroom.

The work of the CYN is important as it provides local access to learning,

career and employment services, leadership, and community capacity building

opportunities. As well, it offers an important social and recreational outlet

for young people. It is a youth-centered approach. This means that young people

are strongly encouraged to contribute their time, their insight and their energy

to ensure that the programs they receive remain relevant in meeting their

specific needs.

Going forward, this government will continue to work hard to ensure that

young people are given every opportunity to succeed, to feel valued, and to have

realistic choices regarding their future. The CYN is an excellent avenue to

foster and encourage youth engagement within our communities, Mr. Speaker.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for an advance copy of his statement and to say

that the Opposition, I can assure you, want to acknowledge as well the wonderful

work done by the Community Youth Network to see that barriers that some of our

young people do encounter here in the Province are lessened for them.

We also want to say congratulations to the government, I guess, on extending

additional funding so that other communities -

SOME HON. MEMBERS: Hear, hear!

MR. BUTLER: There is nothing like a standing ovation, Mr. Speaker.

I want to congratulate government once again - seeing I heard it that way -

on the expansion of this wonderful project to other communities throughout our

Province, and to say that we would be remiss if we did not recognize the

wonderful volunteers. We can have the organization, we can have the government

funding, but we need the volunteers out there to help us make many projects -

not only this one, Mr. Speaker - successful throughout our Province.

Having said that, I agree with the minister in his final statement where he

says that the opportunity is there for success for them, and hope that better

choices can be made for the future. I guess our only hope and prayer is that

their choices will be made, and they will be able to obtain them right here in

our Province of Newfoundland and Labrador.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

I, too, thank the minister for his advanced copy and congratulate him on the

work that his department is doing with the Community Youth Network and the

organizations that are part of that network. The minister and I both know that a

major issue, especially here in St. John's, when not only is the issue of

housing for the youth - while these programs that are outlined here are

excellent, we also have to worry about the basic needs.

I encourage the minister to continue working with groups like Choices for

Youth in looking at solutions so that young people have permanent places to put

their heads down at night so then they can take advantage of these kinds of

academic programs and programs that further their education that the minister is

supporting.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Today my questions are all related to the faulty ER/PR testing and the

details that are unfolding around the Cameron Inquiry.

My first question, Mr. Speaker, the Province has been riveted by the

testimony and other news coming out of the Cameron Inquiry, and I am sure the

Premier has been kept up to speed on all of the details in his absence in the

last week. So, Mr. Speaker, my questions today are for the Premier.

Have you, Premier, received a subpoena compelling your testimony at the

inquiry at this stage?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: First of all, Mr. Speaker, if I might ask yourself, and

Opposition, if there are going to be several questions here, if we can have some

extended time for answers and extended time for questions, if necessary, because

of the importance of this matter, I would ask if that is okay?

The other thing is my preference would be, quite frankly, not to discuss this

matter at all because it is before the inquiry, but because of the importance to

the patients, their families, and the issues, then I am certainly quite prepared

to discuss them, as far as I can go.

In answer to your question, I do not think I have formally received a

subpoena but I have certainly been asked to testify and have actually, in fact,

appeared before commission council three months ago and gave them my full

testimony at the time.

MR. SPEAKER: Order, please!

Before I recognize the hon. the Leader of the Opposition, the Premier has

asked for extra time to answer questions, and I guess the same can be said for

asking the questions. The Speaker, as a servant of the House, will take guidance

from the House. If that is agreeable to all members present, then we can allow

for the questions to be asked and ample time given without trying to stay within

the forty-five second time limit. I seek guidance.

The hon. the Opposition House Leader.

MR. PARSONS: Yes, Mr. Speaker, we certainly have no question with anyone

on the other side taking an extended period to give an answer. In view of such

importance, as well, we have extensive questions. So maybe the government would

consider extending Question Period if we need to ask our questions.

It is one thing to ask the question, an answer might take ten minutes, and we

do not want to circumvent Question Period either. So in the interest of fairness

to all hands, maybe we could agree that if it takes longer than the usual thirty

minutes, we would certainly go along with that, by all means. That is not to say

it is contingent upon extending Question Period. We just ask for the same

courtesy.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, in terms of an extension to Question Period,

that is another issue which we can deal with at the appropriate time. For now, I

think there is an understanding that if questions are a bit longer than normal

and if answers are a bit longer than normal, then there is an agreement that

Your Honour will take under advisement, I guess, the fact that both sides of the

House have concurred in that happening.

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

My next question to the Premier: Was your office advised in July 2005, as

your former Minister of Health and Community Services has indicated, and if so,

were you also advised as the head of the government?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: In July of 2005 - the nineteenth or twentieth of July,

2005 - the date of the e-mails, my office, the Premier's office, was advised

and some of my staff were actually advised of the issue. I personally was not

advised at that time.

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I can only assume then, from previous questions in

the House of Assembly, that the Premier was first advised in October of 2005.

Mr. Speaker, that was eighteen months before any documents were filed in the

courts regarding the matter.

So my question to the Premier is: Why did you or your government not take the

lead and bring information forward to the public during that eighteen-month

period?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: First of all, Mr. Speaker, for the record - I just want

to make sure I am very clear. When I am saying I was not advised, I am saying I

was not advised by the Department of Health or any officials in the Department

of Health. My office was advised, and officials in my office were advised.

I cannot remember, I have no recollection whatsoever of any conversation

between myself and any of my senior officials, whether my director of

communications, my chief of staff, with regard to that matter at that time.

Having said that, as Premier of the Province, and as head of that office and

as head of government, I take full responsibility for any messages or

communications that come to that office or to any of my staff. Now, the fact

that I cannot remember it does not mean it did not happen. What I am saying,

from my knowledge, absolutely, honestly, sincerely, I have no recollection and

cannot remember any conversation on that particular matter.

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I guess for me, this is the same competent staff I

think that the Premier talked about giving raises to just a year ago. Now we are

learning they did not pass this information along, to his recollection.

Just to ask the question again. If you did find out in October of that year,

2005, that was eighteen months before this issue broke open in a major way in

the public, again, I ask: Why did government not take a lead and bring the

information forward to the public?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, I want to point out - and I am sure it is

not lost on the hon. members opposite - is that this is about the patients, the

victims, their families, their care, their past care, present care and future

care.

When we called the inquiry we wanted to make sure that questions were

answered, that they got basically to the bottom of it, that everything that was

available was disclosed to the inquiry so that the commission could make

findings, to make sure that these troubled victims had answers for what went

wrong, those certainly who were impacted in any way whatsoever, and also to give

the public an assurance that on a go-forward basis we were going to have the

best system that was possible, that we certainly could afford to the best of our

ability. That is why the inquiry was called.

What is happening - and that inquiry should be allowed to take its course. It

should be allowed to go the process so that instead of plucking out one-tenth or

one-fifth of the evidence and trying to sort of draw conclusions on that and lay

blame - which the Opposition is starting to engage in. It is unfortunate. I have

great respect for the hon. members opposite but the media are also playing a

game. Last week, CBC, for example, basically had a question as: What do the

public think, and who is to blame for this problem? Now, what kind of

irresponsible reporting is that, at 20 per cent through an inquiry to talk about

who is to blame at this stage of the game? They asked if politicians were to

blame or physicians were to blame. A ridiculous question!

Then, building on the eighteen-month issue, my office was notified in July.

In October there was something on the CBC Web site, I think there was a story on

NTV, and there was a story in The Independent , it kind of laid this out

and made it a public issue. Shortly after that there were ads taken out, I think

in local newspapers or publications whereby this was very, very much a public

issue. The hon. member now is trying to imply that myself, or the minister, or

my government sat on information for eighteen months that would affect the

health of people in this Province. Well, I can tell you quite sincerely, I can

tell the hon. member opposite, and I can tell the people in this Province, that

I, or nobody in my government, under any circumstances, would attempt to conceal

or prevent the disclosure of information that would affect the health of people

in this Province. I mean that sincerely.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Now, to take that a step further, Mr. Speaker, the

national news last week - and I received a call on this - the national news,

last week, Peter Mansbridge, in his opening story, talked about - and I have the

quote here somewhere. The National - I am just going to read you this paragraph,

and I shake when I speak about this because it annoys me so much, and we have

asked the CBC for a retraction of this: It is an astonishing admission from

someone once in charge of the public's health. John Ottenheimer was the Health

Minister in Newfoundland and Labrador in 2005. Today he told a judicial inquiry

that he knew there were serious issues with breast cancer testing years before

the public did; yet, he remained silent. What's more, the Premier's office

knew it too.

So, the rest of this country thinks that John Ottenheimer, the Premier's

office and this government, the Government of Newfoundland and Labrador, sat on

vital information and hid information from people for two years when, in fact,

the time limit that is even in question here is less than three months.

The Leader of the Opposition herself is talking in terms of eighteen months.

Nothing is further from the truth, and I think that does a great disservice to

the people who have been affected by this wrongful testing.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I think first of all it is important for me to

point out that this inquiry was not a revelation of the government but rather,

Mr. Speaker, we pushed for this in the House of Assembly. We asked questions on

several different dates, in this House. We had a private member's motion here

forcing the government's hand to go out and support and launch a public

inquiry. So, first of all, I want to clarify that for the Premier.

Mr. Speaker, irregardless of the fact that Eastern Health may have taken out

an ad in the paper, irregardless of the fact that there might have been an

article in a newspaper - and let me just say the articles that were there,

government did not respond to those articles; it was articles responded to by

officials at Eastern Health saying the situation was under control -

notwithstanding that, the fact remains that government did have access to

information for a period of eighteen months and had an obligation, in my

opinion, to make that information known to the public.

Again, I ask the question: Why did this government not do so?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: There are issues here of patients' stress, patients'

health, patient confidentiality, and government and health care department and

health care officials have to be very, very careful to make sure that they do

not violate those personal privileges and go out talking about diseases or

problems or illnesses that people have. Government has to be very, very careful

how it handles the information.

You need to look at the context back. The e-mail that was disclosed last week

indicates that when the Department of Health actually notified the Premier's

office, within hours in the same day, it came back with an e-mail that said, no

action required, that the publication of this will be actually minimal or

minimized.

So, in fact, there was a stand-down order, a stand-down statement, that came

from the Department of Health that this issue was being dealt with internally.

Now, from another perspective, as you go to October, the assurance that was

given to government by Eastern Health through the minister and the minister

at the time would have to speak to this was that testing had stopped; that,

in fact, retesting had been done, it was started back in May, or the May-June

period; that, in fact, testing locally had stopped; that any new testing was

going to be done at Mount Sinai, which we consider to be one of the best

institutions in the country, to perform that; that present testing was going to

be done there, future testing in the short term would be done there, and past

tests would be re-tested at Mount Sinai.

So, government and government officials of the Department of Health, through

Eastern Health, had the assurance that this matter was being taken care of, and

at the same time were receiving advice from doctors who were treating these

victims not to put them under any duress or put them under any strain.

In addition, we have not chosen, and will not do so and are not doing so,

attempting to place any blame on other governments. As Premier of this Province,

if this government has done anything wrong, or any of my ministers have done

anything wrong, providing it is not criminal, then I will stand up, as head of

this Province, and accept full responsibility on their behalf, on behalf of my

government, for their actions or actions of officials or actions of people down

the line, and will also be prepared to stand up on behalf of former premiers,

Premier Grimes, Premier Tobin or Premier Tulk, and their governments, for any

actions that happened on their watch if, in fact, government is wrong; because

these patients and these victims have a right to know that someone is accepting

responsibility, at the end of the day, for what has happened to them. They need

to have that assurance. They need to know that.

The hon. member opposite, the Leader of the Opposition, knows that in 2003 a

letter which I presented to this House, within hours of actually receiving it,

disclosed to this House a letter from Dr. Ejeckam, who is a doctor in the lab

over there, who basically gave a letter to Eastern Health that said,

"Diagnosis based on inappropriate immunostain will surely jeopardize

patient care" now, this is in 2003; this was before this government

came into power "and may even expose (HealthCare Corp. of St. John'

s) to litigation. Therefore, it will be ill advised to operate an unreliable and

erratic immunohistochemical procedure in our laboratory."

A clear warning to that government - not to that government, necessarily -

that there was a problem there. At the same time that doctor closed that lab for

five weeks, approximately five weeks, so that laboratory was actually closed

down and he put on the record his concerns.

You were in Cabinet at that time. I do not blame you for not knowing that,

under any circumstances, and if that was not conveyed to you or to your

government - and you were the Minister of Fisheries at the time - but if that

was not conveyed to your government, or to your Cabinet, or to your Premier,

then he or any of the members in there are not responsible because they simply

did not know.

These problems were happening then. These problems go all the way back to

1997, when the Tobin government was in. This is a communal problem that we are

trying to deal with, but it is not appropriate to turn around - like CBC are

trying to do - and say who is to blame a few weeks into an inquiry. Let's go

through this process. Let's get to the bottom of it. Let's find out what it

is.

The people who were there along the way are dealing with it and trying to

handle a problem that they did not cause, that they did not want to happen. I

can certainly give you my assurance, on behalf of this government, that nobody

is covering up information, under any circumstance, particularly that would

affect the health of these patients.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I do want to respond to the point that the Premier

has made with regard to the letter from the laboratory to Eastern Health. It is

important to point out that correspondence, to my knowledge, was never forwarded

to the government at the time, in 2003, and not to the Ministry of Health and

therefore not to the Cabinet, and there was absolutely no way that we could have

been aware of an internal memo that circulated between the laboratory and the

officials at Eastern Health.

Mr. Speaker, getting back to my questions, the Premier has said that they

have taken the advice of professionals in making their decision in terms of what

they would reveal to the public. I guess we also know that the Premier is on

record as saying that any time the boards in this Province make decisions that

do not sit in the best interest of the public then they are prepared to overrule

it.

I guess, Mr. Speaker, my question is: What makes this case any different in

terms of overruling the decisions and the advice of Eastern Health than it does

with any other board?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: First of all, Mr. Speaker, you cannot compare the

closing of a school and relate it to busing issues as being comparable to

life-and-death issues for people with cancer.

Having said that, in this particular issue, it is my understanding of the

legality of this, and I think it has been changed according to recent

legislation, that government did not have a clear legal authority to overrule or

tell boards what to do. Having said that, you and I know - and I was speaking to

the Leader of the Opposition and members opposite - that if government disagrees

with a position that a board is taking, it, even if it does not have a legal

authority to do so, can express its displeasure about that situation or suggest

that another alternative should be done. Boards will often follow that

direction, but in this particular it is my understanding that there was no

legal authority, at that time, to tell the health board what to do.

Notwithstanding that, though, if, in fact, we felt that something was

seriously wrong and we had all of the information, it would not be unusual for

us to say to that board: Look, I think there might be an issue here; there might

be something wrong. But, it goes back to what you said: What did we know? What

were we told? What were we being told? What information was being provided to us

by Eastern Health?

You are saying that your government did not have notice of the Ejeckam letter

that went to Eastern Health Board. I believe you, I believe you clearly on that,

but a laboratory was closed down over in that hospital for five weeks on the

basis that a doctor in charge of that laboratory had serious concerns about

patient care and safety. So, again, we have to look at what information was

being provided to the Premier's office, to the Minister of Health, to the

Deputy Minister of Health and to health officials by the Eastern Health Board.

These are the kind of things that that inquiry and Madam Justice Cameron is

going to get to the bottom of and is going to find out and find out where the

communication broke down; where, in fact, information was filtered, or where, in

fact, incomplete information was not provided. We can only make decisions and

draw conclusions on the basis of the information that is provided to us, and we

all do that to the best of our ability.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I say to the Premier, the difference here is that

your former Minister of Health and Community Services, John Ottenheimer, has

stated on the witness stand that he had the information, wanted it to be public

and was prepared to release the information each day, but no one asked him. That

is the difference, I say to you, Premier.

So this, do not ask, do not tell: Is this a policy of your government, or was

this just a case where a minister did not know his legal responsibilities as a

Cabinet minister and answer to the public in that way?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: I cannot speak for Mr. Ottenheimer, but Mr. Ottenheimer

is a lawyer and Mr. Ottenheimer knows the parameters of his responsibilities.

Mr. Ottenheimer - according to what I have been told, I did not hear it directly

because I was not here to hear the testimony - has indicated that his preference

was to go public. This matter was not discussed with me so I cannot discuss any

conversation or communication that I had with John Ottenheimer on this because

we simply did not have one.

Having said that, he says, though, he also relied on the greater evidence

from the medical profession and from the doctors and from his health care

officials that said we should not go public with this now because it will either

cause - I do not know his exact words - duress, or hardship, or stress, or

anxiety on the patients.

If, in fact, a treating doctor said to me that you will affect the health of

my client if you disclose to the public tomorrow that this is a big issue and he

or she will have serious adverse health effects because of that, I would have to

very, very seriously consider whether I would go public under those

circumstances. As I understand it, that is the decision that John Ottenhemier

had to make.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I certainly understand that there may have been

concern about fear and stress and anxiety in patients, but I also remember very

clearly the statements of your current Minister of Health in terms of what the

legal obligations or legal fall-out of this information could be for government,

as well, in his comments that he stated in the House of Assembly on May 16,

Mr. Speaker, we know already that under the lead of Minister Ottenheimer, the

Department of Health did inform officials in the Premier's office of the

issue. On March 15, 2006, Tom Osborne took over the portfolio as Minister of

Health and Community Services. Did he, as the minister, bring this issue to your

attention, or to the officials in your office?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: That is a question - he certainly did not in March or

around that time. That is a question I would have to check and have to get an

answer for you, as to whether he did communicate that to officials in my office.

That is something I have not actually looked at under any circumstances.

MS JONES: (Inaudible).

PREMIER WILLIAMS: Oh, to me, personally? In what time frame?

MS JONES: After he became minister in March of 2006.

PREMIER WILLIAMS: I would say at some time after he became minister in

March, he talked to me about this. I cannot tell you an exact time. I would have

to go back and see if I can retrace the records.

One thing I do want to mention, as well, with regard to the legal action, you

have indicated Mr. Wiseman has indicated this is more of a legal issue. I do not

want the public to think that there was suppression of information here because

the lawyers had told us to do so.

Let me tell you something, I can speak, certainly on my own behalf and

members of Cabinet, of specific experience. Minister Kennedy there, and myself,

have acted for the wrongfully convicted, of victims, oppressed people who have

claims against hospitals, insurance companies, whatever reason that they have

been wronged, people who have had something negligent done to them, and we act

on their behalf. Part of, I guess, a frustration through the years would be

getting to the bottom of things and trying to find out information.

We, and this government, and myself, would be the last ones in the world who

would try and suppress key evidence to help out an insurance company. I can tell

you that straight from the heart. In fact, that is a big reason as well, why

this Ejeckam letter was put out there. So that Mr. Crosbie and these victims

would know that this letter existed and that they would have that to rely on,

that the people in the system knew there was something wrong and they did not

correct it quick enough.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, I would like to ask the Premier, when you are able

to, provide the dates that you would have been briefed on this by Minister

Osborne at the time, or your officials.

MR. SPEAKER: The hon. the Premier.

PREMIER WILLIAMS: Absolutely.

Mr. Speaker, there either was a briefing note provided to me in August of

2006, which came from the Department of Health.

The other thing I need to put in context for hon. members opposite and the

public: I have asked our office to see if they could determine the number of

transactions, communications, interviews, briefings and contacts that get made

with our office in the run of a year. Over 125,000 e-mails, phone calls,

communications, briefing notes, meetings and interviews happen every year on the

8th Floor. Now, that needs to be put in perspective so people can get some

understanding of the volume of communications that actually happen.

This doesn't count phone calls that are not recorded. I don't mean

recorded in the sense of tape recorded, I mean written down and saying, Mary

Smith called, you call her back; and any other conversations that happen with

anybody in the office that are simply not recorded, are not written down. That

is the magnitude of the number of transactions that take place in the office and

I think people need to be able to put that into perspective, when somebody is

trying to recall what happened on July 19, 2005 in that atmosphere.

I happened to find out today, or it might have been yesterday, that on that

particular morning, for example, I was at Clayton Forsey's swearing in at

Government House. Now, if you had to ask me what date Clayton Forsey was sworn

in, with all due respect to the Member for Exploits I wouldn't have been able

to remember that date. I would not have been able to say it was on that Tuesday

morning.

We have to be fair here and things have to be put in perspective when people

are trying to recollect and recall specific instances and specific discussions.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I certainly appreciate where the Premier is coming from. There are many dates

that I don't remember specifically as well, but I guess my question is, during

the period of time that individuals held offices as Cabinet ministers in your

government. That is what I am looking for.

On January 19, 2007, Ross Wiseman was appointed as the Minister of Health and

Community Services. Did he, as a minister, during that period of time following

his appointment, bring this issue to your attention, or did it not become a

major part of discussion between you and his department until the spring of

2007?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: My best recollection of that would be that it did not

become an issue between myself and Mr. Wiseman until the spring of 2007, and the

same with Minister Osborne for that matter.

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I, too, would like to address a couple of questions to the Premier.

Premier, your former Minister of Health, John Ottenheimer, I think has been

very forthright in letting the Commission know, and the people of the Province

know, that he really did want disclosure. He wanted disclosure both in a public

way and also to the patients, and he has spoken very strongly about his concern

about the patients. We have also heard during the short time that the Commission

has been sitting, that there were patients who had great difficulty in getting

their results, and some who never did get directly informed by Eastern Health

about the change in their breast cancer results.

I am wondering, once you did learn about this - which you have told the House

was in October of that year, 2005 - did you and Mr. Ottenheimer ever discuss

together his major concern, and how his department was monitoring that

information getting out to patients? because, obviously, it did not get out

adequately.

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: If I can put that in context, the last information

which my office had received was the briefing note which indicated that no

action was required. That comes up on a lot of briefing notes, and quite often

there are matters that come up at our office that appear to be a firestorm in a

very short period of time and then just die out and within an hour, within the

end of the day, more information is gleaned and the issues do not come back any

more.

On this particular issue there was no action required and there was a clear

indication that it was probably going to be minimal, anyway, at the end of the

day. From that time on there were no discussions, and there were not any

discussions between myself and John Ottenheimer on this matter.

With regard - and only Minister Ottenheimer can speak to this, but - with

regard to his decision not to go public, it is my understanding - and you have

heard his evidence and I have not, or I assume you have - that he basically said

it was his preference to go public but he decided not to. He never came to me

and said: Premier, do you think I should go public on this? Do you think it

would be wise to go public? I have serious concerns it should go public.

I think that Minister Ottenheimer made a conscious decision based on the fact

that he had medical advice which was coming to him, and advice from his

officials that was saying we should not do this because this could affect people's

health.

Now, that is a judgement call that Minister Ottenheimer made. If that was the

right thing to do or the wrong thing to do, someone will decide that. At the end

of the day, as a government, if Minister Ottenheimer made an error in judgement,

we will take responsibility for that - I will take responsibility for that - but

it was a weighted decision, a weighed decision, a decision, I think, that he

considered and he decided, on balance, that he would not do that. As a matter of

fact, like I said, he didn't come to me on it, either, to discuss it, so.

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Just for clarification, Premier, are you saying that even

once you learned about this in October, 2005, that you and the minister never,

ever, discussed it together either?

MR. SPEAKER: The hon. the Premier.

PREMIER WILLIAMS: No, there was no discussion.

The main issue was the article, of course, that appeared in the Independent,

and at that particular point in time we received - I think it was the day after,

I received, or a couple of days after, I received - a briefing note, on October

5, and that briefing note basically indicated that tests had been done; there

was some improper testing but things were being retested; that this was

basically in good hands, in the good hands of Eastern Health and the medical

profession; that, in fact, people were being tested now safely; that testing had

been terminated on a temporary basis at the Health Sciences; that retesting was

being done; that people were being notified. This was really about the patient

care, then.

Our focus was on making sure that the patients were being taken care of, that

they were getting the proper results; because, in fact, when this first broke we

did not know even at that stage whether, in fact, the tests were right or wrong,

so they had to be actually retested to verify whether what was being discovered

at the Health Sciences was accurate or not.

Then they had to be retested, Mount Sinai had to come back with accurate

results, and that had to be conveyed to the patients. Otherwise, you could go to

a patient and say, we think your test might be wrong when, in fact, with some of

them, they were not wrong. Therefore, you are creating alarm and creating

concern.

The clear impression that was being given through the

article and through the

briefing note was that this matter was certainly under control and was being

handled, and certainly no action was required from us.

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: I just really want to be clear, Premier, and if this is not a

normal thing then I would like to have you speak to it.

Are you telling us, then, that this did not even come to the Cabinet table,

that something of this magnitude did not get discussed at the Cabinet table

even? Is so, is that a usual thing? I have never been at a Cabinet table.

MR. SPEAKER: The hon. the Premier.

PREMIER WILLIAMS: No, this did not come to the Cabinet table at that

particular point. (Inaudible) to the Cabinet table until, in fact, it arose in

the spring of 2007, so it had not come to my attention as Premier. The matter

was under control within a department.

There are thousands of matters that get handled by each department over the

course of a month, or over the course of a year, by ministers. They are the

managers and they handle those departments themselves. Despite the opinion by

some people that this might be a one-man show - which has been termed - in fact,

these ministers are managers of their department and they are delegated with the

authority to run their own departments. They, in fact, did this, and we were

assured that things were being done right.

Now, even recently, over the course since this broke in May of 2007, numbers

kept changing so Eastern Health were providing new information. Then, when it

became a public issue, alarm set in by everybody because, in fact, we were

realizing that these numbers continue to change and they are not the exact

numbers that were given to us in the first place.

I have to rely on the information that is given to me by the experts. I am

not an engineer; I am a lawyer. I have some sense, possibly, of what the legal

issues are. I certainly do not know all of them, and do not profess to be an

expert on all of them, but particularly with medical issues and health care

issues, I mean, there is terminology in some of the briefing notes and some of

the reports that I do not even understand. I can put them in context, of course,

and obviously get an appreciation for them, but with health care issues,

specialized areas, we have to rely on the advice that is being given to us by a

group of doctors.

As well, there is another issue here: a peer review had been done. On that

briefing note it indicated that a peer review, in fact, had been done and the

results were going to be provided at some point in time.

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I have a question again for the Premier.

Robert Thompson, who is a senior civil servant, was Clerk of the Executive

Council in 2005. He managed government's messages on the ER-PR issue as the

Deputy Minister of the Department of Health and Community Services after John

Abbott was fired from that position. Now he is in charge of government's

interest in the inquiry. He is the top guy, determining what e-mails and what

information is to be submitted, and has been also subpoenaed to testify at the

Cameron inquiry.

I ask the Premier: Is his appointment affecting the confidence that people

have in an open process when you have an individual like this, in my opinion,

who is in a conflict of interest and yet he is managing the information going

forward by government?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: The hon. Leader of the Opposition knows Mr. Thompson.

Members of the Opposition - some members of the Opposition - have worked with

Mr. Thompson. He was a senior public servant, a Clerk for Cabinet, again the

highest public servant. He is a very ethical person. He has, in my opinion, an

impeccable reputation. I spoke to that in this House when he was appointed. He

is, in my opinion, singularly the very best person that we could possibly put in

this position in order to assemble information, to put the information together,

to provide it for the Commission.

I hope - and I am not implying this - I hope the member is not insinuating

under any circumstances that he would be withholding any information or not

providing any information because he is in conflict and he may be trying to do

it in the best interest of this government; because, I can assure you, to the

best of my knowledge and based upon my appreciation and understanding and my

personal value of this individual, he is doing a tremendous service to the

people of this Province by having him there. He has had all the experience; he

is a former Deputy Minister of Health. He knows how government works. He is

probably the single best person right now in the Province who has a complete

grasp of all of those issues and can figure out on a go-forward basis how we can

make sure that this does not happen again.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order please!

The time allotted for question and answers has expired.

Before the Chair calls Presenting Reports by Standing and Special Committees,

the Chair would like to ask members for their co-operation.

Realizing that this has been a little bit of a different Question Period and

that we have allowed members unprogrammed time to ask and answer questions, I

would like to remind members that it is unparliamentary to read from newspaper

ads, to read from letters, while asking or answering questions.

I would also like to ask members for their co-operation in referring to their

colleagues in the House. This has been happening ever since the Forty-Sixth

General Assembly has sat, and while we have not brought anybody's attention to

it with maiden speeches by members - but I ask members for their co-operation.

When they refer to sitting members of the House, refer to either the executive

position where they sit or by the district that they represent. It is certainly

unparliamentarily, not only in this Legislature but in all Parliaments of Canada

and in the United Kingdom, to refer to members by their maiden name. I say to

members, when it happens in the future the Chair will rise and ask members for

their co-operation.

The hon. the Opposition House Leader.

MR. PARSONS: A point of order, I guess - not technically a point of order

but certainly a comment in that regard, Mr. Speaker.

I take it you are referencing the Leader of the Opposition used the name Ross

Wiseman. If that is indeed the name you are referring to, the only reason it is

mentioned - not to show any disrespect for the rules of this House, nor to Mr.

Wiseman. The reason it is mentioned is because in this particular issue we are

discussing here we have had, I believe, three different Ministers of Health and

Community Services, and to make sure the public are aware of whom exactly the

questions are referencing, and the person answering the question can respond

appropriately. That is the only reason we are mentioning the persons name. Other

than that - again, it is a name. It is never referring to it in any disrespect

to the House.

MR. SPEAKER: I thank the hon. member for his contribution, but the

minister he referred to can be referred to as the present Minister of Health and

Community Services. There is no reason whatsoever to refer to any sitting member

here by their Christian names. I ask members for their co-operation.

Presenting Reports by Standing and Special Committees.

Tabling of Documents.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MR. WISEMAN: Last time we sat, Mr. Speaker, there was a question in the

House from the Leader of the Opposition, I believe, with respect to voluntary

agreements from Child, Youth and Family Services. I said I would gather the

information and table it in the House.

MR. SPEAKER: Order, please!

MR. WISEMAN: Am I on the wrong call?

MR. SPEAKER: I have not called that particular heading yet, I say to the

hon. Minister of Health and Community Services.

The headings that have been called is Presenting Reports by Standing and

Select Committees, and the Tabling of Documents.

Tabling of Documents

MR. SPEAKER: The Chair would like to stand and, according to subsection

52 of the House of Assembly Accountability, Integrity and Administration Act,

table the members' handbooks and the rules manual as all members have received

in the past. This manual is now tabled within the House of Assembly. I ask the

Pages to put the manual on the Clerk's desk, please, for observation.

The Speaker would also like to table a list of reports and documents deemed

tabled when the House is not in session. Those particular documents number

approximately 100, and it is for the time period of March 24, 2008 to April 4,

2008. I ask the Page if he would make this available as well, please.

Further tabling of documents?

Answers to Questions for which Notice has been Given.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MR. WISEMAN: Thank you, Mr. Speaker.

I finally got the right spot.

As I was saying earlier, Mr. Speaker -

MR. RIDEOUT: On a point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, if my colleague is hoping to get in the spot

which has to deal with answers to questions for which notice has been given, my

understanding is before that Your Honour has to call Notices of Motion, and

Notices of Motion has not yet been called. I would think that my colleague will

have to continue to warm his seat for another minute or two.

MR. SPEAKER: Notices of Motion.

Notices of Motion

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury

Board.

MR. T. MARSHALL: Thank you, Mr. Speaker.

Mr. Speaker, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Members Of The House Of Assembly Retiring

Allowances Act. (Bill 8)

Mr. Speaker, I further give notice that I will move that the House resolve

itself into a Committee of the Whole on Supply to Consider a Resolution Relating

to the Granting of Supplementary Supply to Her Majesty. (Bill 13)

Mr. Speaker, I further give notice that will ask leave to introduce a bill

entitled,

An Act To Amend The Liquor Control Act Respecting A Licensee Levy.

(Bill 18)

And further, Mr. Speaker, I give notice that I will move that the House

resolve itself into a Committee of the Whole to consider A Resolution Relating

To Advancing Or Guaranteeing Of Certain Loans Made Under The Loan And Guarantee

Act, 1957. (Bill 19)

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. KENNEDY: Thank you, Mr. Speaker.

Mr. Speaker, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Support Orders Enforcement Act, 2006. (Bill 9)

Mr. Speaker, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Lobbyists Registration Act. (Bill 14)

Mr. Speaker, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Fatal Accidents Act. (Bill 17)

MR. SPEAKER: The hon. the Minister of Government Services.

MR. O'BRIEN: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Repeal The Bulk Sales Act. (Bill 10)

MR. SPEAKER: The hon. the Minister of Education.

MS BURKE: Mr. Speaker, I give notice that I will ask leave to introduce a

bill entitled,

An Act To Amend The Student Financial Assistance Act. (Bill 12)

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

MR. DENINE: Mr. Speaker, I give notice that I will ask leave to introduce

a bill entitled,

An Act To Amend The City Of Mount Pearl Act, The City Of St.

John's Act And The Municipalities Act, 1999. (Bill 15)

MR. SPEAKER: Further notices of motion?

The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

On behalf of my colleague, the Minister of Natural Resources, I give notice

that I will on tomorrow ask leave to introduce a bill entitled,

An Act To Amend

The Forestry Act. (Bill 16)

Mr. Speaker, I also give notice that I will ask leave to introduce the

following resolution: A resolution respecting the appointment of an Information

and Privacy Commissioner.

Be It Resolved by the House of Assembly as follows:

Whereas

section 42(1) of the Access to Information and Protection of Privacy

Act provides that the Information and Privacy Commissioner is to be appointed by

the Lieutenant-Governor in Council on resolution of the House of Assembly;

Therefore

Be It Resolved that Mr. Ed Ring be appointed as the Information and

Privacy Commissioner.

I think that is the extent of the notices, Mr. Speaker.

MR. SPEAKER: The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I give notice pursuant to Standing Order 63(3) of our Private Member's

Motion of the Opposition to be dealt with this coming Wednesday. I would read it

is moved by the current Member of the District of Cartwright-L'Anse au Clair,

seconded by the current Member for the District of Burgeo & Lapoile. It

reads as follows:

Whereas nurses are currently in negotiations with the provincial government

on a new contract; and

Whereas nurses in this Province are the lowest paid in the entire country;

and

Whereas there is a nursing shortage in our Province and little success has

been achieved to address recruitment and retention issues; and

Whereas previous nursing shortages were cyclical, the current shortage is

structural in nature characterized by such things as an aging nursing workforce

and fierce market competition; and

Whereas job stress and dissatisfaction are driving nurses to leave the

profession in record numbers;

Therefore

Be It Resolved that this House of Assembly calls on the provincial

government to end the practice of pattern bargaining when dealing with

specialized professions such as nursing that are faced with critical recruitment

and retention issues.

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motion?

Answers to Questions for which Notice has been Given.

Answers to Questions for which Notice has been Given

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: After three attempts, I will probably get this out now.

You may recall, Mr. Speaker, when we sat the last time, the Leader of the

Opposition asked a question about voluntary agreements for children in care, and

I said I would undertake to present that information to her. I have that for

tabling here today, Mr. Speaker.

MR. SPEAKER: Petitions.

Petitions

MR. SPEAKER: The hon. the Member for Port de Grave.

MR. BUTLER: Thank you very much, Mr. Speaker.

I want to present another petition which has been already read in the House

and is the same prayer of the petition with regard to doctor shortages.

I know we are getting close to Budget time, so I will try to get my last

couple of petitions in and hopefully the Minister of Health and I am sure we

are going to hear good news when the Budget comes down about the retention of

doctors throughout this Province of Newfoundland and Labrador.

Mr. Speaker, today I speak with reference to the situation that we find

ourselves in, in the Conception Bay North area - and I am sure the same can be

said throughout this Province - where there is a shortage of general

practitioners. I know, in our area there is quite a shortage. A lot of people

had to travel to St. John's when their own general practitioners moved to this

area for various reasons, and they find themselves now in a difficult position

where they don't have a general practitioner, where the reports and tests that

they have done, either at St. Clare's or the Health Sciences, can be sent to.

It is very disturbing to them.

Not only that, Mr. Speaker, but when there is a shortage of doctors or

someone doesn't have a doctor at all, all too often the workload on the

general practitioners that we do have in our areas is tremendous, and the people

automatically then go to the emergency units at our hospitals. The same can be

said at the Carbonear General Hospital, and we have also heard it referenced on

the open line shows and in the media, that the same thing is happening here in

the city. That is understandable. When people have a problem, regardless of how

minor it is, if they can't reach their general practitioner or if they don't

have one, they go to the hospital and try to be dealt with in the emergency

unit.

Mr. Speaker, hopefully we will see something come down in this Budget that

will help us to get new doctors and to retain the ones that we have. We heard it

in the media recently, about the Newfoundland and Labrador Medical Association,

the concerns being expressed by the doctors. We brought up a situation here to

the hon. House with regard to audiologists. We know there are audiologists at

the Janeway Hospital, but I know there are three vacancies there, and hopefully

this year they will be taken care of and then the testing has to be done for

some of our young people who are finding it difficult in the schools, so they

can be assessed and taken care of.

Mr. Speaker, on behalf of those who signed the petition, I ask that

government try and come up with a plan where we can attract more doctors to our

Province and also retain the positions that we have filled at the present time.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Minister of Health and Community Services.

MR. WISEMAN: I stand on a point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MR. WISEMAN: I did not interrupt earlier today in Question Period, but

when the member opposite, the Leader of the Opposition, stood in her place today

and was asking a question, she made a reference to comments I made in Hansard on

May 16. Her reference was in the context of government having done something, or

not done something, because of some legal consideration. She framed that in her

question here today.

I have heard her make a similar comment in the public domain in recent weeks,

on several occasions, and I say, Mr. Speaker, I would ask the member opposite to

either do one of two things: that she either point out in Hansard where I, in

fact, said that, or she withdraw her comment both from this House today and what

she has said in the public domain in recent weeks.

MR. SPEAKER: Order, please!

There is certainly no point of order that the Chair can rule on. I leave it

to the hon. member herself, if she has made those comments, to do the honourable

thing and withdraw them if they are inaccurate.

It is certainly a point of clarification that is brought forward by the

Minister of Health and Community Services. The Speaker has no way of knowing -

the comments that were made - if they were accurate or inaccurate, but if they

were inaccurate I call on the member for clarification.

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I do have copies of Hansard here, I say to the minister. I will check for the

exact wording, if he wants it read into the record again in the House of

Assembly, and I will also check to ensure that the date was actually May 16. If

not, it was May 17. I do have it here in my notes. I just need a minute to find

it.

Thank you.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, I wonder if I could have the indulgence of my

colleagues to revert to Tabling of Documents?

The Minister of Finance, I think, received some documents regarding loan

guarantees after we had passed that point on the Order Paper. I know we could do

it tomorrow, but I believe there is some statutory requirement that it be done

today.

MR. SPEAKER: By leave, for the House to move back to Tabling of

Documents?

AN HON. MEMBER: By leave.

MR. SPEAKER: By leave, the hon. the Minister of Finance.

MR. T. MARSHALL: Thank you, Mr. Speaker.

I thank my colleagues opposite for allowing us to revert to Tabling of

Documents. I received these documents subsequent to that item being on the Order

Paper.

Mr. Speaker, pursuant to

section 5 of the Local Authority Guarantee Act, I

wish to table the attached list of loan guarantees provided to local governments

to enable them to arrange interim financing for capital projects. The total of

these guarantees is $36.5 million. The projects finance include water and sewer

of $23.9 million; recreation facilities of $6.1 million; street paving of $2.9

million; and municipal buildings of $2.6 million.

Mr. Speaker, the last report under this legislation was tabled on November

23, 2006, and included guarantees issued up to and including 17 November 2006.

The current listing covers the period from November 18, 2006 to March 7, 2008.

Thank you, Mr. Speaker.

Orders of the Day

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, Order 6, second reading of a bill,

An Act To

Amend The Access To Information And Protection Of Privacy Act. (Bill 6)

MR. SPEAKER: Order please!

The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased to rise today in this hon. House to introduce Bill

6,

An Act To Amend The Access To Information And Protection of Privacy Act. The

bill amends

section 23 of the act which creates a discretionary exemption from

disclosure for any information that might harm the conduct of intergovernmental

relations, or reveal information received in confidence from other levels of

government.

Information of a sensitive nature is frequently made available by one

government to another during the course of implementing interjurisdictional

agreements or in the general spirit of co-operation. Access to Information

legislation in all Canadian jurisdictions contains some form of exemption

protecting this type of information, sensitive information, where

intergovernmental relations may be harmed.

Section 23 currently addresses intergovernmental relations with, and

information received from, the federal government, other provincial governments,

councils of local government bodies, governments of foreign states, and

international organizations of states.

On December 1, 2005, Mr. Speaker, the Labrador Inuit Land Claims Agreement

came into effect. This agreement set out a new regime for land ownership,

resource sharing and self-government. With the agreement came the creation of

the Nunatsiavut Government, signalling the beginning of a new government

structure for the Labrador Inuit and for Labrador Inuit lands.

The Nunatsiavut Government has many of the responsibilities and rights of

other governments in Canada, with jurisdiction over Inuit and Inuit lands, and

in the Inuit communities, including the areas of health, education, child and

family services, adoptions, and many other areas that have an impact on the

health and well-being of the Inuit.

The exercise of these jurisdictions, and the eventual transfer of

responsibility of provincial programs and services to the Nunatsiavut

Government, will involve the exchange of confidential information between our

two governments.

On October 4, 2006, Mr. Speaker, the Nunatsiavut Government held its first

general election for Nunatsiavut assembly members. Since that time, Inuit

community governments have replaced municipal governments in Nain, Hopedale,

Makkovik, Rigolet and Postville. The original draft of

Section 23 of the Access

To Information And Protection Of Privacy Act, which received Royal Assent on

March 14, 2002, does not recognize the Nunatsiavut Government. In this new era

of independence for the Labrador Inuit, it is essential that

Section 23

recognize the importance of intergovernmental relations between the Government

of Newfoundland and Labrador and the Nunatsiavut Government, and protect the

free flow of confidential information between these two jurisdictions.

At the current time, Mr. Speaker, the Nunatsiavut Government is the only

self-governing Aboriginal body in Newfoundland and Labrador. Should other

Aboriginal groups become self-governing in the future, further amendments to the

act may become necessary.

Thank you for the opportunity to discuss this bill, Mr. Speaker, and I ask

for support of all hon. members in passing this legislation.

MR. SPEAKER: It is moved and seconded that Bill 6,

An Act To Amend The

Access To Information And Protection Of Privacy Act, is now being read a second

time.

Motion, second reading of a bill, "An Act To Amend The Access To

Information And Protection Of Privacy Act." (Bill 6)

MR. SPEAKER: The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I would like to take an opportunity, if I might, to respond to the minister's

comments that he made in second reading. I understand I have an hour to respond,

if need be. I am not sure I will need all of that time.

This is second reading, and I usually preface my remarks by saying to the

general public - because a lot of people watch this on TV and they wonder, what

is this all about? They see a little notice on the bottom of their screen,

second reading, and they get a title of a bill: Access to Information. What is

second reading versus third reading, versus committee?

To the general public, and certainly to my good friend, Mr. Jack Simms in

Burgeo again, who listens to this channel faithfully, this is second reading and

the minister has just put forward his comments on Bill 6 and saying what the

purpose of this amendment is. Of course, the Opposition now get an opportunity

to respond, saying whether we agree or disagree.

We are not supposed to, I understand, under the parliamentary rules, go all

over the map. It is supposed to be more specific than if we were talking about a

money bill, which gives you pretty broad leeway to say whatever you like, but in

second reading there is, again, usually some leeway, provided you are at least

on the topic that the bill concerns. In this case, we are talking about the

freedom of information or the access to information act and the specific piece

of it is, as the minister indicated, to change the act as it currently reads so

that certain confidential information that might transpire between governments,

particularly the Government of Newfoundland and Labrador and the Nunatsiavut

government, might under certain circumstances not be disclosed.

I would say, first of all, I guess, that we will be supportive of this

particular bill. There is no question about that. Now, we do have some concerns,

Access to Information Act. I believe I was actually the Minister of Justice when

we brought in the new act that we currently are working under, back in 2002. It

was the first time the bill had been overhauled in ten years. There were a lot

of changes needed and upgrades to reflect the new openness and transparency that

is supposed to be evident in government institutions today. So, the former

Administration brought in the ATTIP, commonly referred to, Access to Information

and Privacy Act. It was not all proclaimed at the one time because the privacy

piece could not be proclaimed, there had to be a lot of protocols and

educational pieces put in place in our institutions and municipal affairs and so

on and school boards in order to make that piece useable. That was just

proclaimed, I understand, recently, or within the last number of months,

probably last fall.

On the issue of openness and accountable, of course, people heard a lot about

that. I noticed the words the minister used here, it is discretionary whether

this is disclosed or not, and that is what causes the general public today a lot

of concerns. This government has been preaching since 2003 that they are open,

transparent and accountable. I just wonder, in the context of this bill, what

that really means for this government? A lot of people out there raised the

question: Are they serious, or is this just a phrase they utter that sounds

good, this motherhood, we are open, we are accountable and we are transparent?

Well, of course, whether someone means what they say is judged by their actions.

There are serious concerns by the Opposition.

I see the media now are raising these serious concerns, and the public are

certainly starting to ask questions about just where this government stands on

the issue of openness, transparency and accountability. Does it mean we have the

policy there but we paid lip service to it and we will respond when we feel like

it? Does it mean they can stonewall whenever they feel like it? We answer if we

are asked but other than that we do not have to say anything. We have had an

experience with that in the last few days. I was not asked so I did not talk.

That is a good one. I guess in some cases you are supposed to be mind readers.

Some ministerial responsibilities certainly went out the windows in some cases.

Access to Information is all about managing the message. There is one thing

of being open and being accountable but wrapped up in that is how you manage the

information. How do you exercise that discretion about what does or does not go

out? That is the true test of whether you are open and accountable. I will give

you some examples of where I question, I seriously question whether this

government is open and accountable. I will go on record as saying, based on

these examples they are not; not at all.

There has been some talk on a federal level that Prime Minister Harper is a

control freak when it comes to information and what goes out. Well, I have some

examples of where this government is not much different. For example, there is a

Workers' Compensation report that was done months and months and months ago.

This government is on record in their 2003 Blue Book, and again in 2007, saying

any report that comes in we will put it out there in thirty days. That is on

record. The Premier is on record in the media in the last few weeks saying he

stands by that. He scoured the cupboards to see what was up there that was not

out there that ought to be.

What happened to the Workers' Comp report? We have asked in this House in

Question Period where it is. The government again, it is in their actions that

tell you what they are all about. We are open, we are accountable and we are

transparent. Yet, if you ask a question in Question Period, or the media asks

the question: How come we can't have it? The government says: Well, we did not

commission that one ourselves. That was done by a board, so it is not our

responsibility. Our commitment does not really apply then in thirty days or

whatever because that is a board that did that, not us; for example, in the

health care reports that were recently in the media, as to why they were not

out.

We have issues, we are on record. I am the Critic for the Department of

Justice, I had a staffer go to the Department of Justice and ask: What are the

protocols that are used regarding this privacy piece? We have had several

potential breaches of privacy and we have asked: Can you give us some

information on this, just so that we are educated enough to be able to ask the

question, if it warrants a question? Sometimes if you are given the information

you don't need to ask because you have been informed. If I ask somebody a

question and you give me the information and it is answered, I don't need to

ask it, unless of course it is a public concern that should be raised. Well,

that is a different issue. Then you have an obligation to do that.

We haven't heard back, and I hope this is not a case again of, well, you

never wrote or you never put it in writing so therefore we didn't have to tell

you, because that doesn't show the openness again. There is an implication,

when you say that, that it is freely given, voluntarily given, that we don't

put any roadblocks up in front of you. At least, if there is a reason you can't

give it to someone, you would say, this is the reason why. If there is some

reason, for example, that the Minister of Justice cannot reveal what the

protocols are because it might, in itself, cause some security issues, say that.

When you are not given any answer, the perception is that: We don't want to

give it to you. That is what is in the public domain there now, the perception

that - why don't you want to give it to us? If there is a reason, say it.

Maybe that is a very legitimate reason and we can accept that.

For example, under the Freedom of Information, some things I believe you

ought to be able to ask for and if it is common courtesy stuff, sure, the

government says, here look, it is informative, take it, way to go; but, no, not

this government. We have to go through the Freedom of Information, the access to

information, file the official application, just to get some basic information.

They have it in the departments, they can easily give it to you, it is not

subject to discretionary things, I would think, non-disclosure. If they were

truly open and accountable, they would give it.

We have two appeals now. The Official Opposition has two appeals through the

ATIPP commissioner because this government has refused to reveal the

information, refused to give it. Now, one of them, I wouldn't think is a

overwhelming burden to give it. I will say what it is. We made a request for the

information pertaining to the Dr. FitzGerald who is the Premier's emissary in

Ottawa.

That was the request, pretty straightforward: Can you tell us what it cost to

have him? Can you tell us what his expenses were, and so on, and what he spent

to be there?

We know, or the public has its own view as to, what he has produced. That is

a different story. I will not even go there. My issue was, we wanted, as an

Opposition, to find out, how much does it cost to have him there? That is a

legitimate question. It is taxpayers' money. We were told, no, you cannot have

it.

Now, you will recall that there were lots of questions in this House. I

believe last spring we asked the then Minister of Intergovernmental Affairs, the

Member for St. John's East at the time, not in government now - we call him

Dr. Feelgood because we said he had a limousine service, Dr. Feelgood's

Limousine Service - but that information is being denied the Opposition; don't

have it. So, I hope the discretion that has been exercised in those cases is not

like the discretion we are going to see in the case of this amendment that is

being called for here.

I understand and am fully supportive of what this amendment is supposed to

do. We just hope government does not put the same cloak, shall we say, or the

same impediments, and exercise its discretion in the same manner that they are

doing in a lot of cases that, quite frankly, I believe, would cause a lot less

trouble for everyone if the information were freely given. Because when someone

puts a roadblock up in front of someone then you suspect, well, there is a

reason they do not want us to have it. They do not want us to have it. Then you

question: Well, why don't you want us to have it?

So, a lot of times, maybe it is unnecessary concern or suggestion that there

is something being hidden. Maybe there is nothing being hidden, but the intent

of the act, as I understood it from day one, was not for government to decide

what they should or should not hide or give you. You give out the information.

If it is out there, let anyone do their assessment on it.

We have had issues here in this House. I asked the Minister of Innovation and

Trade, three weeks ago, repeatedly: Minister, can you tell me the names of the

three companies reference in the Auditor General's report as A, B, C? No, he

said, I cannot tell you.

I said: Minister, the Comptroller General has also named a bunch of companies

in

Schedule B. Would those three names be in that schedule? Can't tell you.

That is what his answers were, when I asked here, simple questions. Who are

the companies that received over a million dollars of government funding, that

went down the tubes? The money went down the tubes. Can you tell us where the

million dollars went?

The Minister of Innovation and Trade said in this House: No, I am not going

to tell you. Then he said: Come up behind the Chair where the Speaker is and I

will tell you.

Now, I do not know what kind of game that is, and I do not know where that

section fits under the Freedom of Information Act: I won't tell you, but come

up behind the Speaker's Chair and I will tell you. I missed something in the

translation here, as to what the intent of the act was.

I said to the minister: I am not prepared to accept that condition. I do not

want to know the information so that I have it in my head and I cannot reveal it

or discuss it or do anything with it. Why don't you just tell us? We can go

through the Freedom of Information. Are you going to deny us again there?

Anybody with common sense could look at the AG's report, compare it to the

schedule from the Comptroller's report and pick it out. I just wanted him to

say it. Even there, when it was so obvious, this minister's view was: We are

not telling you at any cost. Why? The bottom line is, a million dollars is gone.

That is why the people have a right to know.

Just to finish that story, three days after I started my questioning on it -

the simple question of who were the three companies - the Minister of Innovation

and Trade sent a note across the House one day, on the third day, fourth day,

before Question Period had started I guess he knew I was going to ask him

again came back to me in a little note and he had the names of the three

companies written on the note. I knew what he was talking about because I had

picked the companies already out of

Schedule B.

So, I wrote him back a note and I said: Why are you giving me this

information? Am I allowed to disclose this? He wrote me back again and he said:

No, I gave it to you in confidence. So I went back to him and I said: You never

said you gave it to me in confidence. You wrote three names down on a piece of

paper and passed it over to me. What is the game you are playing? What is the

game? You are either open or you are not.

To this day, this minister has not stood in this House and answered that

question. Yet, he has put the names on paper for me and passed it over to me,

playing these cat-and-mouse games. Well, the people do not like cat-and-mouse

games any more than I do. It was a sincere, legitimate question; it deserved a

sincere answer, and certainly an answer one way or the other: either you are

getting it or you are not getting it. Don't say you are not getting it and

then turn around and be slipping notes across, or inviting the member to go up

behind the Chair. That is totally unacceptable and inappropriate, and that leads

to the question again of the openness.

I guess it comes down to the individual, who is the minister, or what

department, at what given time, under the act, that is being requested - what

information does it or doesn't it go out?

I have given examples here where we asked Justice for protocols and never got

them. We asked ITRD for company names; we never got them. We have asked for

workers' compensation stuff which, I do believe, comes under Human Resources.

I was a bit lost there because I asked a question of the Minister of Human

Resources the last day the House was open before Easter and the Minister of

Government Services responded. I don't know if he misunderstood the question

or what, but I didn't know workers' compensation was under the Minister of

Government Services. I thought it was under the Minister of Human Resources.

Anyway, I guess the Minister of Government Services wasn't too busy so he

figured he would answer it anyway, whether he had it or not.

In any case it just shows, across the broad parameters of government,

different departments. I have mentioned Justice, I have mentioned Human

Resources, I have mentioned Intergovernmental Affairs when it comes to Dr.

Fitzgerald's information, and health care.

The Department of Education, when you talk about openness and accountability

again - and I am not saying it is only this Administration - sometimes

governments go too far in what you do. I am going to give an example, now. There

are a lot of members in this House, for example, who were former teachers or

principals and so on. You talk about the privacy piece of this act. I had an

occasion - I have been going to graduations in my district every single year. I

cannot get them all in. Sometimes they all have them on the same night. I went

to Burgeo for a high school graduation in 2007. I sat on the stage, took

part in

their dinner, church service, knew most of the kids who were there, certainly

know all of their parents who were there, know all of the teachers, have been

doing it since 1999. The individual teacher sat next to me, who was the co-ordinator

for the evening - this was at their awards night, rather, not their graduation -

read out the names of all the children and the students as they received their

awards, what their name was, what grade they were in, what their mark was, and

so on. I got up and presented the certificates to every one of them - or

congratulations to every one of them - gave out medals and trophies. It took us

about three hours to do it.

When I left, I said to the teacher in question: By the way, would you mind

giving me a copy of the list you have there, because I usually send out a little

congratulatory certificate to the student as well, as MHA, saying,

congratulations upon winning the highest marks in science or the highest marks

in mathematics. I have been doing it for nine years. The teacher said: I cannot

give you that, Mr. Parsons. I said: Excuse me? I am sitting in the auditorium

next to you reading it, shaking hands with every single person you gave it to, I

know every one of their parents, and I am telling you the reason that I want it,

i.e. to do up a certificate for them - and by the way, I did not want their

phone numbers, I did not want their post office boxes, I did not ask for any of

that. I asked for their name and the award they won, and you cannot get it.

I wrote to the Minister of Education - talk about openness again! - and the

Minister of Education passed it on to the Minister of Justice who wrote me back.

Do you know that an MHA today - if you want to do that - unless you write down,

yourself, the name of every child and the award because you are personally there

or have someone do it for you, you cannot get that information from a principal.

By the way, besides not wanting any personal information on them other than

their name and what award they won, I do all of the certificates and take them

all back, seventy or eighty of them, take them back to the principal. I do not

even communicate with the child directly except for that night that I am there.

The teachers distribute them to the children. You cannot do that now.

I do not know where it is going to go. I suggested to the Minister of

Education and to the Minister of Justice who got that correspondence that there

needs to be something done here. There are some things you go too far with. When

an MHA cannot recognize a child who gets an award in a high school because the

teacher is not allowed to give you the actual name and the name of the award so

that you can do up a certificate, we have gone too far somewhere.

I fully agreement with this amendment we have here to the act, but something

needs to be done on that issue as well. It has just gone too far. I do not know

if it is going to come or not. I think it is common sense. I did not get a

response back saying, yes, that makes sense, I appreciate where you are coming

from. There has to be a way to get around that. We will amend it to allow that.

I never got that back. I got back, we cannot do it. We will look it up, think

about it. How much time do you need to think about something as straightforward

and common sense as that?

That is another example of sometimes we do not go far enough and disclose

what we ought to and other times we go too far to the other extreme. Again, I

guess, a little telltale - and the media has gotten on to this lately, the media

is on to this now in the last two or three weeks - this member has been asking

this government for quite a number of years now about openness issues and

accountability. My first opportunity after the new election I asked the Minister

of ITRD those questions about companies, and it is continuing. Now the media are

in the fray and the media want to know about the openness and accountability. I

am not even going to raise the issue of the health care inquiry because that is

a very sensitive. Justice Cameron has a job to do and the whole issue of

openness and accountability is going to get thoroughly questioned and analyzed

and investigated in that regard. That is another issue that the public are

watching now to see what exactly is openness and accountability.

It does not take much. We have raised questions in here, I have personally

asked a dozen questions about the openness and accountability of this government

- not telling you, will not give it to you, you cannot have it, appeal it under

the ATTIP Act, and yet we are open and accountable. As I say, the people are

finally starting to judge that issue of openness and accountability. There is

only so often that you can get up on the other side of this House and say, we

are open and accountable and preach your Blue Book commitments. When enough

examples are brought to light where you are not that, that is when people

question it.

One little example - and by the way, I am not a big believer or accepter of

everything that comes out of The Telegram , like some people - but The

Telegram had a poll on Saturday. Now there has been all kinds of talk in the

past of course about these Telegram polls and whether the government, in

fact, managed the polls by having people specifically instructed to call in and

give a certain answer. We have seen that too in the past, where that has been

the suggestion. Anyway, the poll on Saturday was very telling. The question was:

Do you think this government is open and accountable? Eighty-five percent of the

respondents said, no, this government is not open and accountable; 85 per cent.

Now I thought that was pretty telling, because it is either one way or the

other. If government was in to the management of that Telegram poll, they

did not do a very good job because they still lost at 85 to 15, or as I more

accurately suspect, everybody was on Easter holidays and the government did not

have anything to do with it and therefore the truth came out. The truth is that

85 per cent of the people polled as of last Saturday's Telegram said,

this government is not open and accountable.

It is very pleasing to see that after a while, as many times as we ask

questions in this House - it might not get any traction the first time you ask,

it might not get any traction the second time, but if you ask the questions

often enough, of enough departments, of enough ministers, it becomes a pattern.

Sometimes, then, when something happens, it goes over the edge, people come to a

conclusion on their own.

That is what the HR inquiry has done, I would suggest. Even though it is only

20 per cent done, as the Premier says, already the people who are asked that

question have come to their conclusion; probably unfairly. They have come to a

conclusion only having heard 20 per cent. That is how the public reacts. A lot

of times the public do not need all the information to come to a conclusion.

Yes, we would definitely be supportive of this amendment here, under the

ATIPP Act. What we are saying is that Government should be as quick to respond

to other changes in the act, such as the privacy piece, about whether you can

acknowledge a child in school and get the information so as to provide them with

a certificate. There has got to be some way of doing that, even if the

information is provided on a confidential basis to the members. I am sure there

is nobody here who wants to do that, wants the name of the child. It is not

earth shattering stuff to be able to do that.

I just hope the Government is as quick to bring forward another amendment in

that regard. I just hope that we do not have to have a bunch of questions

anymore of ministers in the House. If we ask a question, if it is fair ball, the

information should be voluntarily turned over. Sometimes, in fairness to

ministers, I do not believe it is always a case of, we want to cover up. I do

not think that is always the case. I think it is a case sometimes where it is an

attitude that becomes prevalent. The automatic instinct is to say: What do they

want that for? Sometimes it is automatic, shut it down, don't give the

information. Maybe it is just an attitudinal thing, maybe it is not coming on

the express orders of the ministers. In the case of the Minister of Industry and

Trade, now it was very directly on the minister. He was asked here and said no.

Maybe it is a case where the staff just feels that is the name of the game, say

no.

We will be supportive of this. I am not sure if - the Member for Signal

Hill-Quidi Vidi I understood did intend to have a few words to the legislation.

I noticed she left the Chamber briefly. I can certainly keep talking if need be

until she returns. I do understand she did wish to respond in second reading to

this particular bill.

In any case -

MR. RIDEOUT: (Inaudible).

MR. PARSONS: I say to the Government House Leader, the Member for Port de

Grave did not intend to speak. If you wish, I can just sit down and reserve her

right. I just did not want her to be left without an opportunity to comment.

MR. RIDEOUT: (Inaudible).

MR. PARSONS: That is fine. She can finish her comments. That is fine.

Thank you.

MR. SPEAKER (Collins): The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

Mr. Speaker, I would like to move Order 3, second reading of a bill,

An Act

Respecting The Cost Of Consumer Credit Disclosure. (Bill 4)

MR. SPEAKER: The hon. the Minister of Government Services.

MR. O'BRIEN: Mr. Speaker, it is a pleasure to rise in the House today and

speak to

An Act Respecting The Cost Of Consumer Credit Disclosure. It is a new

act which will be replacing the Consumer Protection Act that is currently in my

department.

The Cost of Disclosure act will require lenders to provide a clear statement

to borrowers as to the cost of borrowing. I think this act is an absolutely

fabulous act in regards to - all of us in this House, and people across the

Province, often borrow money. When they go in, sit down and sign off on the

final documents et cetera, when they walk out yes, they know what their interest

rate is and that kind of stuff but they actually do not know in essence what the

total cost would be to that borrowing if they went to term. This act certainly

gives them a clearer statement in regards to that. It will define the interest

rate. It will define the different costs of borrowing. It also will reference

the total cost to the borrower if they went to term, in writing. I think it is

very important that they have that on file in regards to their homes and places

of business, et cetera. Then everybody is absolutely clear in regards to the

amount, the principle, and the amount that they have borrowed to the amount that

they are actually going to pay back to the borrower.

Again, this replaces

an act which is called the Consumer Protection Act. I

also want to say that the values and most of the items that were currently in

that act will also be included in this act and reflected into it. This act was

also developed over a number of years by the consumer measures committee, which

consists of representatives of the consumer affairs departments of all provinces

and also the federal government. So this act also is a piece of harmonization

where people who move and do business in other regions and other jurisdictions

across provinces will all be dealing really on the same field and on the same

level. They will be harmonized across the provinces where the same principles

and same regulations will be used with regards to disclosure of any borrowing

costs that might be entailed in regards to what they have asked for.

There were extensive consultations on a national basis with the financial

services industry and the consumer groups during the development of this piece

of harmonization and this piece of legislation. This was done a number of years

ago and the actual act has taken a number of years to bring forward, but

certainly the consultations were done. They were supported by the various

industries and the consumer groups because they could actually see the value

into it. As a matter of fact, in times of business and times in regard to my own

personal affairs, I would have loved to have had this type of act and this kind

of regulation in place where at any given time, two years, one year, eighteen

months down the road, that I could look back and make sure exactly what I was

paying for and what I was paying on in regards to what I had borrowed.

The provisions of the act are also similar to the federal bank act. So our

local lenders, such as credit unions, will be on a level playing field with

other banks. This is a very good thing as we move forward and grow our economy.

As I said before, the other safeguards to protect consumers that existed in

the Consumer Protection Act are also included in the Cost of Credit Disclosure

act as well. So, we did not just replace or develop a new act, we actually

governed the principles of that act as well. That act will be repealed in

regards to when we finish the legislative process and the Cost of Credit

Disclosure act.

There are also additional provisions under this act, such as charges or

penalties being prepaid on a loan for prepaying a loan. I remember back a number

of years ago I paid a loan out before the actual due date and then I was subject

to certain charges, et cetera, that I was not aware of at the time. It certainly

pissed me off when I had to pay them, but now these will not be there as well.

They will be covered off. Anyway, the consultations did take

part in the late

1990s and certainly they were covered off by all the interest groups, et cetera,

across all jurisdictions.

It is a pleasure to get up and introduce this act. Certainly, I am open to

and interested in what the Opposition may have to say in regards to this act

because I see it as a very good act in regards to the protection of consumers,

et cetera.

Thank you, Mr. Speaker.

MR. SPEAKER: It is moved and seconded that Bill 4,

An Act Respecting the

Cost of Consumer Credit Disclosure, be now read a second time.

The hon. the Member for Port de Grave, speaking to Bill 4.

MR. BUTLER: Thank you, Mr. Speaker.

It is a pleasure to be able to stand and make a few comments with regard to

an act respecting the Cost of Consumer Credit Disclosure. I have to agree with

the minister, but I will try to change the terminology. I think the comments

that he made - yes, I would say there are a lot of people in the Province who

gets ticked off from time to time.

Anyway, Mr. Speaker, I can assure you that from what I have seen so far and

maybe as we go along in the other readings there might be some other questions,

but we think this is a good piece of legislation. We know that this was started

back some time ago. I think it was back in 1996 when the various provinces and

territories came together with this piece of legislation and it is good for the

consumer, there is no doubt about it, Mr. Speaker. The other thing I noticed

with interest, it is also intended - that it is good for the business community

as well.

I just want to touch on a few issues with regard to what is in this

legislation. One of them is under item 4(1) which is the delivery of the

disclosure statement. All too often we hear from constituents, and I am sure

each and every member in this House feels the same way and have heard the same

stories, about how people sign up for various agreements and they do not get the

information accurate and on time and they find themselves in a very difficult

position as the term of the loan should go on.

Another key component - and maybe at the end of the day the minister can

explain it, but from what I understand - is with regards to the credit

guarantor. A lot of them go and get their own insurance. The guarantors

sometimes want to outline who they want to insure them with but I think this

piece of legislation states now it is up to the borrower, that he can go and be

covered off on whatever insurance company that he would wish to deal with rather

than being told by the guarantor who he has to go with. So, that is a good item

as well in this piece of legislation.

The other one is with regards to the borrower being entitled to repay the

full outstanding balance. I think the minister outlined it very well himself,

that people, sometimes when they pay off their loans in full are tapped with

another penalty for paying it off and they are not aware of this when they take

out the loans. So, disclosure in the beginning I think is very important when it

comes to this piece of legislation.

The other one, Mr. Speaker, is advertising interest free periods. We see this

all too often in our local papers from various companies, that you can borrow

for a certain period of time, maybe you can wait twelve, sixteen or eighteen

months and you do not have to pay the interest. A lot of people do not pay

attention to it when they are doing it and at the end of the day, probably when

they start making their payments, the interest is a lot higher or it is under a

different scenario than what they thought it was in the beginning. From time to

time that is a difficult situation that people find themselves in, but with this

piece of legislation now it has to be disclosed right from the very beginning.

The other one, it also mentions here about application for credit cards. I

have had constituents call from time to time who say: I received a credit card

in the mail. There is a line of credit, maybe for $1,000, $1,500 or $2,000 and

those people just take the credit cards and use them. Then all of a sudden they

realize the interest rate on that is probably 28 per cent or 30 per cent. They

were not told that. They just received a credit card. This piece of legislation,

thank goodness, is outlining to those people that you cannot get a credit card

unless you make application. I think that is a good piece of information that is

in this piece of legislation.

There are a couple of questions, I guess, I would like to note to the

minister with regards to - the Explanatory Note at the beginning of the bill was

very vague. There was very little information there. I think it was in

Saskatchewan, when they put this similar bill - and maybe ours are just little

changes because it is a national bill. They put out a 180-page document

explaining everything in it. It is a very compact and difficult thing to explain

and understand for a lot of people.

I was just wondering why we didn't receive that. I called the minister's

office and the very next day one of his officials called back. I went over and

had a meeting with him and I must say it was a very cordial meeting. I received

a lot of information and understood things that I didn't understand before I

went over there. I think that is what it is all about, when we come up with the

legislation.

The only thing I want to say to the minister and I know he said they

consulted with various groups and organizations. I was wondering if there was

any public input into it or if there was any negative feedback in any way.

Personally, I don't see anything there, but maybe some of those groups did.

Where other jurisdictions, over the past year, a year and a half or two

years, have brought in this legislation, I was wondering if there were any

amendments put forward from the general pattern that was put forth, I guess, by

each jurisdiction. Have those amendments been changed or implemented in the

legislation that we have before us today?

Apart from that, Mr. Chair, the only other thing, I suppose, you could ask

is: Does it go far enough? I know some jurisdictions with regard to what we call

the payday lenders I know our legislation doesn't cover them as long as

they are complying and reporting what they have, but some jurisdictions have

gone beyond and outlawed them. I am not saying that, but maybe there should be

something in this bill to make sure that the rates and the fees and the

interests are, I guess, at a level where people understand what they are

getting, and probably not as large fees are being charged.

Having said that, the only other comment, Mr. Chair, is, hopefully when this

bill is implemented there will be an education program, whether it be brochures

or literature, going out to the general public explaining it to them and what

they should look out for when they apply for credit, so that they can go through

the means whereby they can get the best deal for themselves, because that is

what it is all about.

I have to say, Minister, we on this side will be supporting this piece of

legislation.

Thank you, Mr. Chair.

CHAIR: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Just a quick comment: I was very delighted, actually, to see this piece of

legislation come to the Table. We have a lot of examples in our society where

the average consumer does suffer because of lack of legislation in some of the

areas that are outlined here. I am just going to take a quick moment to say I do

support the legislation and will be voting for it, and thank the minister for

bringing it to us.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. Minister speaks now, he will close the debate.

The hon. the Minister of Government Services.

MR. O'BRIEN: I would just like to close debate and try to answer some of

the questions that my hon. colleague in the Opposition raised.

I think one of them was on the consultation process. It is my understanding

the consultation process was extensive, was held nationally and included both

industry people and consumers alike. Most people had an opportunity to partake

in that consultation process and I think mostly everything was covered off

during that process and resulted in this legislation today.

As to any changes, I think over the years, if you logically looked at it -

this piece of legislation transpired over a number of years. It has taken a

number of years to be tabled in this House and other Houses in other provinces

across the country. I would think that, as we went forward, any necessary

changes were looked at and also taken care of in that process and during that

time. Certainly we are always open to changes in legislation and amendments in

the legislation.

The other suggestion and question was in regard to any communications to the

general public that we partake in, in Government Services. Yes, we will. In the

department we have plans to develop a very plain language brochure so consumers

can understand the Cost Of Credit Disclosure Act and what it will mean to them,

and know their rights under the act in regards to borrowing money. This act will

also apply to all lenders, including payday loan companies, but we have no plans

to implement specific payday loan regulations at this time. There is a

consultation process and a process happening under other provinces and other

jurisdictions, so we are following that very closely. Certainly we will be open

to bringing in such legislation if we deem that it is necessary to the public at

some future date.

Mr. Speaker, that is all I have to say. I think it is. I thank my hon.

colleagues for their comments, and certainly I appreciate their comments and

their support in regard to this act. I, too, think this act is very important to

the public of the Province and also the consumers, and even the industry for

that manner.

At this point in time, Mr. Speaker, I move second reading.

MR. SPEAKER: Is it the pleasure of the House that the said bill be now

read a second time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

All those against, 'nay'.

Carried.

DEPUTY CLERK: A bill,

An Act Respecting The Cost Of Consumer Credit

Disclosure. (Bill 4)

MR. SPEAKER: The bill has now been read a second time.

When shall this bill be referred to a Committee of the Whole House?

MR. RIDEOUT: Presently, by leave.

MR. SPEAKER: Has leave been granted to forward this bill?

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Granted.

On motion, a bill, "An Act Respecting The Cost Of Consumer Credit

Disclosure," read a second time, ordered referred to a Committee of the

Whole House, by leave. (Bill 4)

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, we will now revert to second reading debate on

Bill 6. I believe the Opposition House Leader had concluded his remarks and it

would be the turn of the hon. Member for Signal Hill-Quidi Vidi to speak to the

bill if she so wished.

MR. SPEAKER: The hon. Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I appreciate the flexibility that the House Leader had in breaking the

discussion on this bill so that I could get the time to speak. I was called

outside of the House and had to take care of business outside

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2008-04-07
Typehansard
Volume / chapter2008-04-07
Languageen
Formathtm
SourcePROVINCIAL
Identifier0225d61d6be82d2156fc0d13d349b5f687105486

Source file is stored in the law ingest library (htm).