May

26, 2009

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI

No. 26

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Today, the House of Assembly would like to welcome a group of 120 Grade 5

students from St. Peter's Elementary of Mount Pearl in the District of Mount

Pearl North. The students are accompanied by their teachers and parent

volunteers who are helping with the visit.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The following members' statements will be heard: the hon.

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

District of St. John's East; the hon. the Member for the District of Port de

Grave; the hon. the Member for the District of Bellevue; the hon. the Member for

the District of Kilbride; and the hon. the Member for the District of Mount

Pearl North.

The hon. the Member for the District of Burgeo & LaPoile.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I rise first on a point of order, Mr. Speaker.

MR. SPEAKER: The hon. member on a point of order.

MR. KELVIN PARSONS: Mr. Speaker, yesterday afternoon during Question

Period the Minister of Labrador Affairs and the Member for Lake Melville uttered

certain words that were insulting and disrespectful to the Member for Port de

Grave. It wasn't verified until the CD became available this morning and we

viewed that, but it was also reported in the media.

That is contrary to our Standing Orders and any parliamentary authority that

one might wish to consult, and I would ask the member if he would do the

honourable thing and apologize and withdraw those statements.

MR. SPEAKER: Points of order should be raised when the disorder takes

place. The Speaker did not hear anything that was unparliamentary yesterday. I

do not know if other members heard utterings that were unparliamentary but if

there were things said that was unparliamentary and the member is known to have

said it, then I would leave it up to that member to withdraw the statement but I

say to hon. members, when points of order occurs or when something

unparliamentary happens, that it should certainly be raised at the time that the

occurrence takes place.

The hon. the Government House Leader.

MS BURKE: Mr. Speaker, certainly we agree, that at the time something is

said that a point of order needs to be raised at that time. However, if there

was something that was said that was considered unparliamentary, without having

to go back and do any review or try to see what happened, we will certainly ask

any member now who has said anything that may be considered unparliamentary to

withdraw that remark.

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

MR. HICKEY: Yes, Mr. Speaker, I withdraw that remark that was made

yesterday.

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

LaPoile.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I rise today to recognize and congratulate Master Corporal Steven Pink,

formerly of Burgeo, on his service to our country and his safe return from

Afghanistan.

Master Corporal Pink is a member of the infantry with the Canadian Armed

Forces who recently returned from a successful tour of duty at Afghanistan.

Steven has been a member of the Armed Forces for twelve years and is now thirty

years of age. This was Steven's third tour overseas and his second to

Afghanistan. Steven was stationed at Afghanistan for seven months during his

last stint.

Master Corporal Pink is the son of Linda and the late Fredrick Pink of

Burgeo. After his tour at Afghanistan, Steven spent some time with his mother at

Burgeo. A motorcade with sixty vehicles welcomed him back to town which was

followed by a meet and greet luncheon hosted by local volunteer organizations at

the Burgeo Community Centre. There was a huge turnout and the support from the

residents for one of their own was overwhelming.

Steven is currently stationed at Pettawa, Ontario but will soon be

transferred to Gagetown, New Brunswick.

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

thanks to Master Corporal Steven Pink on his service to our country. All the

best to Master Corporal Pink and his family.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of St. John's East.

SOME HON. MEMBERS: Hear, hear!

MR. BUCKINGHAM: Thank you, Mr. Speaker.

Mr Speaker, our oceans have often been referred to as the final frontier for

the human race. Indeed many would argue that we know more about outer space than

we do about our oceans. However, I would suggest today that a talented,

innovative group of our youth is well on their way to breaking down these

barriers.

In that vein, I would like to congratulate the team from Gonzaga High School,

located in my District of St. John's East, for placing second in the recent

ROV Regional Competition held at the Marine Institute. Eighteen high school

teams from all over the Island brought their best and brightest to compete for

the right to represent the Province at the international ROV competition in

Buzzard Bay, Massachusetts. Of the sixteen regional competitions held around the

world, only Hong Kong and New England have more schools at the competition.

Mr. Speaker, I would also like to take this opportunity to advise the House

that the first place team hails from Heritage Collegiate of your District of

Bonavista South. In fact, Heritage has won this competition three out of the

last four years, which is truly an impressive accomplishment.

Mr. Speaker, this event is a very encouraging display of what our youth can

accomplish with the right guidance and support from volunteers, mentors and

sponsors as we seek to establish ourselves in this Province as world leaders in

ocean technology.

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

congratulating Heritage Collegiate of Lethbridge and Gonzaga High School of St.

John's, on their success in looking to new frontiers.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Thank you, Mr. Speaker.

I rise today to recognize and congratulate Clarence Mercer on being presented

the Newfoundland and Labrador Teachers' Association, 2009 Bancroft Award.

Named in honour of James Frederick Bancroft, the first President of the NLTA,

this award recognizes individuals for outstanding service by teachers at the

branch level of the association.

Clarence Mercer has been teaching for over twenty-six years and has been

involved at the branch level throughout his career. He was political action

officer and secretary of the Upper Trinity South Branch, secretary and president

of the Carbonear Branch, political action officer, and is the current president

for the Bay Roberts Branch. He has served on social and bereavement committees

and has on different occasions been a member of the school board-teacher liaison

committee for the Carbonear and Bay Roberts branches.

Also with this impressive list of achievements, Mr. Mercer also made time to

become involved in Education Week activities, speak outs, and has served on the

Provincial Curriculum Committee, Membership Benefits and Services Committee, and

Communications/Political Action Committee.

Mr. Speaker, it is easy to see why he has recognized by his peers for his

outstanding service to the Newfoundland and Labrador Teachers' Association,

and I ask all members of this House to join me in extending congratulations and

appreciation to Clarence Mercer on his continuing service to education in this

Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. PEACH: Thank you, Mr. Speaker.

Harbour East Lions Club.

On Saturday, May 9, 2009, I had the pleasure of celebrating the twenty-third

Lions and Lioness members.

As devoted volunteers, these Lions have given back so much their community.

While having fun, they have continued to make a real difference in answering to

the challenges that are faced by their community and neighbouring communities.

Harbour East Lions Club on the twenty-third charter night anniversary.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. DINN: Thank you, Mr. Speaker.

I rise today to pay tribute to the Children's Wish Foundation of Canada.

For twenty-five years, this wonderful organization has been granting wishes to

children with high-risk, life-threatening illnesses.

Each year in Canada, thousands of precious children between the ages of three

and seventeen are diagnosed with life-threatening diseases. The magic of a wish

provides children and their families with an opportunity to share the joy of a

special experience and an escape from the day-to-day challenges of illness.

This summer, the Children's Wish Foundation will be granting its 15,000

wish to a child in a community somewhere in Canada. This is a truly remarkable

milestone.

The Foundation brings wishes to life for these children, while supporting

their parents and families with hope and treasured memories during the most

difficult of circumstances.

On a personal note, I know two young people in my district who have had a

wish granted by the Children's Wish Foundation. I thank God these two young

girls, Holly Lee and Hilary Williams, are doing fine today.

I invite all Members of the House of Assembly to join with me in recognizing

the Children's Wish Foundation, and the work they have done to date, touching

the lives of 515 families in Newfoundland and Labrador.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the Provincial Electoral

District Scholarship Winners for the last year that reside in my district. The

Province awarded over $200,000 in scholarships to 201 high school graduates for

These students, as well as all high school graduates, are to be recognized

and congratulated on their hard work and commitment over the past several years

in achieving their high school diploma. They are now prepared to pursue

post-secondary studies, if they so choose, armed with the knowledge that a

secondary education affords them.

I would like to congratulate in particular Catherine Orr of Mount Pearl

Senior High, and Marcus Drover and Jeffrey Peach, both of O'Donel High School.

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

recipients of the Provincial Electoral District Scholarship, and wish them all

the best for success in the years to come.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I rise in this hon. House today to update residents of the Province on two

programs our government introduced last year to assist families the

Progressive Family Growth Benefit and the Parental Support Benefit.

Mr. Speaker, both programs were introduced to assist with costs associated

with raising a child, particularly for parents who encounter increased costs

during the first year of a child's life.

Under the Progressive Family Growth Benefit program, parents receive $1,000

for every child born or adopted, and the Parental Support Benefit provides

parents with an additional $100 per month for the first twelve months of a child's

life. Both programs are universal and not income-based.

Mr. Speaker, I am pleased to notify the public that approximately 5,200

applications have been processed to date. While there is a take-up rate of

approximately 87 per cent to date, I would like to encourage those who have not

applied for the benefit to do so. Applications are available on-line through the

Department of Finance Web site and at all Government Service Centres,

obstetrical units and MCP offices.

Mr. Speaker, according to Statistics Canada, after experiencing the highest

quarterly population growth since 1992 during the third quarter of 2008,

Newfoundland and Labrador's population continued to increase again during the

fourth quarter of 2008. Last year marked the first time in sixteen years that

the Province recorded an increase in population and we are pleased that trend is

continuing.

In addition, Mr. Speaker, the Newfoundland and Labrador Centre for Health

Information released information in March of this year indicating that more

babies were born in Newfoundland and Labrador in 2008 than in any year since

1999. A total of 4,900 babies were born in Newfoundland and Labrador last year,

representing an increase of more than 300 infants from 2007.

Mr. Speaker, our government is pleased to offer both the Progressive Family

Growth Benefit and the Parental Support Benefit programs. I am pleased that

families are benefiting from these programs.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I thank the minister for an advance copy of his statement.

Someone suggested they thought it might have more to do with the cold weather

than it had to do with the government programs. In any case we note, too, that

the statistics being put forth by the minister today relate to, I believe, the

year 2007-2008. No doubt, anyone in this Province who is aware, those times were

pretty good for Newfoundlanders in terms of employment, particularly young

people, not only in the Province but a lot of them commuted back and forth at

that time from Southern Ontario and Alberta.

It will be interesting to see the 2009 statistics and after, after we got hit

with the economic recession, and if things stay the way that they are. Hopefully

they will, and hopefully our Province will continue to increase in population,

so we look forward to seeing the 2009 ones.

I understand it costs $10,000 now for the first year of a child's birth,

and that comes on pretty good authority, so any amount that goes toward helping

offsetting those costs, of course, is no doubt welcome to the parents of that

child and those children.

The only comment we would make is, I note there are two applications required

here for two different programs, and someone has already brought it to our

attention without knowing, of course, that the minister was going to do a

statement. You have to apply for a birth certificate, you have to apply for

these two different programs, and there was a suggestion put forward that I

think was a good one, that the minister might want to look at: If we are trying

to reduce red tape, why would we need to have three different processes,

basically, to tie into the same type of program?

Maybe that is something the minister can look at, to make the process easier

for the people involved.

Thank you.

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

Vidi.

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

I, too, thank the minister for the advance copy.

There are various thoughts going through my head. I don't know if I am

supposed to congratulate the government on being the proud father, or if I

should quote a great Prime Minister that we had: What are we doing in the

bedrooms of the nation?

I couldn't resist making those comments. It is good to see our population

is going up; I am not mocking that. I am really not. Neither am I mocking the

fact that families can get some assistance in the first year, but I note that

the minister does talk about how these programs are universal and not

income-based. That is good. Therefore, why are we not looking at a universal

child care program so that, once these children get past their first year, their

families have the ability to have them taken care of while both parents, if they

want to, can become part of the paying workforce and both help our economy and

help their families?

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers.

The hon. the Minister of Innovation, Trade and Rural Development.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this hon. House to highlight some impressive

initiatives underway between Newfoundland and Labrador and our partners in

Ireland, particularly in the area of ocean technology.

Supported by the Department of Innovation, Trade and Rural Development and

Ireland Business Partnerships, the Fisheries and Marine Institute of Memorial

University has demonstrated its world-class expertise by partnering with Irish

organizations on close to fifty different initiatives focused on fisheries and

ocean technologies.

Collaboration has taken place through technology transfer related to fishing

gear and training programs with Irish harvesters; through sharing of search and

rescue curriculum with the Irish Navy; through the creation of geographical

databases for the National Maritime College of Ireland; and there has been

extensive seabed mapping of Ireland's waters in partnership with the Irish

Marine Institute. In fact, the Irish Marine Institute was so impressed by our

project called SmartBay in Placentia Bay that they have begun their own SmartBay

project in Galway Bay, creating yet another avenue of ongoing collaboration.

In 2004, our government officially re-affirmed our commitment to our

relationship with Ireland. Furthermore, in 2007, we signed a Memorandum of

Understanding with the Government of Ireland to increase collaboration in the

area of ocean technology. These agreements and resulting relationships have

helped facilitate many of the Marine Institute's Irish initiatives.

Historically, our economies have focused on ocean pursuits and we have

developed strong ocean clusters as a result. Today, with ongoing collaboration

and remarkable advances we have solidified our position as global leaders in

ocean technology.

Mr. Speaker, the current economic situation highlights the necessity for, and

the real value of, our partnership. It has never been more essential to maintain

and strengthen our relationships with our global partners as we strive to

discover new opportunities for economic growth and prosperity.

As a government, we are proactively identifying opportunities to enable us to

deliver on that objective. The outstanding work of the Marine Institute, in

partnership with the Department of INTRD and Ireland Business Partnerships

clearly demonstrates the possibilities that exist for Newfoundland and Labrador

through real partnerships with our Irish counterparts.

As we proceed, I am confident that Newfoundland and Labrador, through the

work of the Ireland Business Partnerships and its many stakeholders, both here

and in Ireland, will chart a course for sustained prosperity through

partnerships in ocean technology and other knowledge-based sectors, while

continuing to demonstrate our unique and enduring cultural ties.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I thank the minister for an advance copy of his announcement and notice.

Of course, we have a long cultural and historic connection with Ireland

dating back centuries, and with the Irish.

The Business Partnership: I notice the minister indicated that it got renewed

in 2004, but I believe it originated back in 1999 with Premier Tobin and then

Prime Minister, Bertie Ahern. That relationship has been continued and

strengthened over the years.

At the time we initially entered into it for the economic benefits that it

might bring to both jurisdictions, of course, Ireland was known as the Celtic

Tiger with new economic programs and so on, and they were doing quite well.

Unfortunately, they, like many places in the world, have fallen onto hard times

as a result of this recession right now, but hopefully it is through

partnerships such as this, between our Province and Ireland, that we can

continue to pursue the economic activities we have there with collaboration and

co-operation between our two provinces and country, and also particularly in the

ocean technologies piece.

I happened to be in Ireland some years ago. The City of St. John's is

actually twinned with the City of Waterford in Ireland. I happened to be there

representing the Province. I had the honour of doing it some years ago. It is no

doubt that with two great cultures working together you can only expect good

things to come from it.

Thank you, Mr. Speaker.

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

Vidi.

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

I thank the minister for the advanced copy of his statement. It is good to

get a report on some of the benefits that are coming from the partnership

between Newfoundland and Labrador and Ireland. I would be interested though, if

the minister at some point could give us more financial analysis of the

benefits. I do not doubt that there are economic benefits, but especially with

regard to the ocean technology, it would be good if he could give us some sense

of what the benefit is that we are getting from our tax dollars through being in

these partnerships. I do not doubt the value but would like to have some sense

of, in hard figures what that is.

Ocean technology is extremely important but I look at: where does that fit

with some of the pressing issues that we have in the fishery and what the

connection is? It would be good I think for us to get a bit more detail on that.

We have so many needs in the fishery right now, the need for the seafood

marketing board, the need to deal with aging plant workers, falling prices for

the seafood is threatening the industry this year in particular, the need for

custodial management. These are issues that I would like to see what we are

doing around with regard to the fishery, and are there any connections between

Ireland, us and these areas? I do not think so. I do not think there is much,

but still good to see the connection with Ireland around the ocean technology,

but what are the benefits, Mr. Minister? That is what I would like to know

Thank you, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

My question is for the Minister of Natural Resources.

Mr. Speaker, last December, and again on April 30, we asked the Minister of

Natural Resources about potential irregularities at the Chicken Marketing Board.

She stated last month that there were no irregularities to report. Yesterday the

minister read a prepared statement indicating that problems had indeed been

found and the matter has been referred to the Royal Newfoundland Constabulary

for further investigation of possible criminal wrongdoing.

I ask the minister: Why did you state on April 30 that you had received and

reviewed the report and there were no irregularities to report and yet you have

referred the matter now to the RNC?

MR. SPEAKER: The hon. the Minister of Natural Resources and Deputy

Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

When this issue was first raised with me there was an issue around criminal

wrongdoing with regard to the Chicken Marketing Board. Upon investigation of

audits with the Chicken Marketing Board there was no evidence that could be

clearly seen to substantiate such an accusation.

I went to the RNC and I asked the RNC to investigate, Mr. Speaker. They told

me that unless they had some evidence of wrongdoing that they would not do that.

I went to an outside agency to ask that the Chicken Marketing Board audits be

reviewed. I could not find a firm that was prepared to do that unless I had some

evidence of incorrect auditing. I then went internally, Mr. Speaker, and asked

our own Comptroller General to review the financial records of the Chicken

Marketing Board. I received that report several weeks ago. I reviewed it. There

is no evidence that I can see of criminal wrongdoing but I want to close the

loop completely. While we have improved processes at the Chicken Marketing

Board, I want the RNC to review to be absolutely sure that there was nothing of

a criminal nature taking place there.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

The minister, yesterday, referenced that certain transactions led to these

financial problems and mentioned in particular a staff manager in her statement

yesterday.

I ask the minister: Can you elaborate on these questionable transactions

which you made yesterday and the role they played in this investigation?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the chicken farmers marketing board is an arms-length agency of

this government. When this matter was first brought to my attention and I had an

inquiry from the media, the question was later raised here in the House of

Assembly, the onus was on me to go back and see if there were any

irregularities. I had just been in the process of making new appointments to the

board. There have been a number of staff changes. Our own internal review within

the department showed that processes need to be put in place and things need to

be tightened up there. There were a number of actions that we took as a

department. I am not going to comment on any specific members of the board or

staff. There has been a comprehensive review done. That report has not only gone

to the RNC, but I have provided the report to the Auditor General for his review

as well, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

The minister said in her statement yesterday that an auditing firm had

originally completed an audit of the Chicken Marketing Board.

I ask the minister: Who were the original auditors who did the marketing

board's books, and was there any explanation given to you as to how they

missed these irregularities?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, I do not have the name of the auditing firm

with me today. I will say, though, that the firm has been replaced. We have

another firm now doing this work, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

The minister also stated yesterday that government could not get other

external auditing firms to re-evaluate the books of the initial auditing firm

unless they knew exactly what they were looking for.

I ask the minister: How many and which external firms did you contact to

re-evaluate the original audit?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I will have to get that information from my staff, but the

response from auditing firms that we did contact was the same as we had from the

RNC. Unless there was some evidence of wrongdoing they were not prepared to

review the work. That is why we went internally to the Comptroller General, to

ask him to do a review of all the audits and the activities of the financial

issues, particularly, of the Chicken Marketing Board.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Mr. Speaker, the minister also alluded to the fact

that the Comptroller General's Office eventually conducted the audit, and

several recommendations were made in that report to address these problems at

the board.

I ask the minister: What were these recommendations, and would you be

prepared to table a copy of the Comptroller General's Report here in the House

of Assembly?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

There were a number of recommendations around processes that need to be, had

to be put in place for financial management at the Chicken Marketing Board. I am

happy to report that the substantial number of those recommendations had already

been completed, or are well advanced by the department.

There is sensitive information in the report, Mr. Speaker. I will have to

review all of that before I can make any promises to release the report, but I

want to reiterate again that I have made the report available to the Auditor

General, my department has had a number of discussions with him, and he has

indicated at this point in time that all of the things that he would have

recommended that we do in the face of this, we have already completed.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

There are apparently new checks and balances and protocols established to

monitor the activities and finances of the board coming out of the Comptroller

General's report. There may be more, I guess, once the RNC investigation is

complete, and the Auditor General's investigation.

I ask the minister: What checks and balances and protocols, to your

knowledge, were not in place in the first instance that allowed these

irregularities to take place?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

When I reviewed all of the information I certainly had a concern about the

oversight of the board and the amount of diligence that was being applied to the

activities of the board. There could have been issues on travel claims. There

were certainly not regular enough meetings with the banks, and not enough review

of the financial activities that were happening within the board itself.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Mr. Speaker, the information that has been provided

to us as early as last December, which we brought to the attention of the House,

during this whole incident stated that department officials were removed from

their positions as a result of these financial irregularities.

I ask the minister: Can you confirm whether either an assistant deputy

minister or director in your department has been removed from their position as

a result of these irregularities?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, this is a four-person board. Two of the appointments of the

board are nominated by the department. The other two come from chicken farmers

here in Newfoundland and Labrador. The chair and the vice-chair that are the

responsibility for nomination from the provincial government were appointees of

the former Administration, appointed in 2000. Their terms were up in 2007, and I

thanked them for their service and I made new appointments to the Chicken

Marketing Board.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

Maybe if the minister could just clarify it for me again, my question was

pretty direct: Was there any ADM or director who was associated with the chicken

board incident, who was relieved from his or her duties?

MR. SPEAKER: The hon. the Minister of Natural Resources and Deputy

Premier

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: No, Mr. Speaker, there was no one relieved from their

duties by my department as a result of this review. The two members that are

direct nominees of the Department of Natural Resources, their term was up and

they were replaced.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you.

We learned today that the minister has now provided a copy of the Comptroller

General's report to the Auditor General. Now the Auditor General, as we are

all aware, is the watchdog over public expenditures.

I am wondering, Minister, have you just asked the Auditor General to review

the Comptroller General's report, or have you invited the Auditor General as

well to do a forensic audit, which you could not get done externally and which

was not done properly, obviously, in the first place?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the Auditor General is well aware of what his authority is, and

he does not need an invitation from me to do much of anything. He has certainly

been made aware of this report. He called my department and asked for a copy of

the report. I was more than happy to provide that to him, as well as access to

my departmental officials so that he understood clearly how this issue came to

our attention, what actions we have taken, and so far early indications from him

are that he is happy with the actions that we have taken to date.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

My other questions are for the Minister of Justice.

Mr. Speaker, a couple weeks ago I questioned the minister about how effective

house arrest sentences were for people involved with the law, and whether the

appropriate monitoring practices were in place. The minister committed at that

time to getting certain information and bringing it back to this House.

Yesterday we learned of another incident, this time in La Scie, where an

individual who was supposed to be under house arrest but instead was chased

through the community by police for allegedly committing another crime.

I ask the minister: Have you checked into the issue of monitoring bracelets

for individuals under house arrest, and why it appears that they are not being

used?

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

SOME HON. MEMBERS: Hear, hear!

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

The Chief Probation Officer for the Province has made a review of the house

arrest in the Province. There are 168 conditional sentences at the present time.

There are forty-three bracelets. I understand that fifteen of these bracelets,

these electronic monitoring devices, have also been ordered, which will increase

our number to fifty-eight. We have thirty-five probation officers, dealing with

about 1,800 to 2,000 cases on average.

From time to time people will breach the terms of their conditional sentence,

and if people do then they will run the risk of being incarcerated and

imprisoned.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you.

It is quite clear, Mr. Speaker, that the minister was not too apt to provide

the information without being prompted again.

Mr. Speaker, again, this most recent incident in La Scie happened in the

Central Region where we already have noted there is a lack of probation officers

in the region for the caseload they are expected to monitor. The caseload in

Central is far too high as per the national average, and it is obvious that the

proper monitoring of those persons under house arrest is not taking place.

I ask the minister - you undertook to find out what was happening in Central;

we did not hear back, and we now have another incident - are there too few adult

probation officers in Central to monitor the growing caseload?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. MARSHALL: Mr. Speaker, as I mentioned, there are thirty-five

probation officers dealing with a caseload of about 1,800 to 2,000, which would

be an average caseload of fifty-five to sixty. I understand in Central there are

two officers in Gander. There is only one in Grand Falls-Windsor. I understand

from the Chief Probation Officer, who was recently in Central to review the

situation, that some cases have been assigned from Grand Falls to the officer in

Springdale and that the assistant probation officer in Springdale will - I

believe it is twice weekly - go to Grand Falls to assist with pre-sentence

reports.

The Chief Probation Officer is reviewing the entire system and I will be

meeting with her either later this week or early next week to review what she

has discovered and to discuss with her what her recommendations would be for the

future.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Deer Lake has one medical clinic. It was built in 1972 as a three-way

partnership between the federal and provincial governments and the Town of Deer

Lake. It today houses the doctors, the nurses, the dentists, as well as lab and

x-ray. This facility, Mr. Speaker, is in need of repairs and there have been

over 3,000 people who have signed a petition to have presented in the House by

their MHA, which we have not seen to date.

I ask the minister: Will government commit to finding the money that is

required to make the necessary repairs to this building to ensure that medical

services can continue to be provided in the Deer Lake area?

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

MR. WISEMAN: Mr. Speaker, just to make a couple of corrections: number

one, the member opposite talked about a three-party arrangement. This is a

private clinic. This is operated by an independent corporation in the Town of

Deer Lake, and Western Memorial Health Authority is a landlord in a building

that is owned by them. They made a request very recently, through their MHA, for

some financial assistance to be able to do some needed renovations to the

building. In fact, the member involved, the MHA for that district, is going to

be meeting with me tomorrow to follow up on some discussions that he has already

held with the Authority to look at what options might be available to look at

doing something with that particular clinic.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The volunteer board that runs this facility has been coming to government for

over ten years for money to do the necessary upgrades that are required, Mr.

Speaker, and they have gotten money through those years. In the last two years

there have been other engineering deficiencies identified by government

engineers that require a cost of over $400,000 to have done.

Mr. Speaker, this issue has been ongoing for nearly two years, and I ask the

minister today, if he will commit the funds to have this work done so that the

Town of Deer Lake and the volunteer board will not have to incur the pressure

and the expenditure that they don't have to, to ensure that it happens.

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I can't speak to it, Mr. Speaker, and no people on this

side of the House can speak to anything that would have happened ten years ago,

that would have happened, I say, Mr. Speaker, on your watch.

Clearly, Mr. Speaker, I have been minister for just a little over two years

now. I guess, five or six months into my term I met with my colleague, the MHA

for that area, with the town council and representatives of the community,

toured the clinic to have a look at what they were talking about and some of the

issues they had, and we had that kind of discussion with them.

The member for that area has been working closely with the council and the

committee and, in fact, Mr. Speaker, the committee, I guess two to three weeks

ago, finally provided some detail on the kinds of renovations that they need,

and the kinds of costs associated with that. The member has been working with

them for a long period of time trying to clearly identify exactly what was

needed, what costs would be involved, and the extent of the renovations that are

to be done. He now has that in hand and is meeting with me tomorrow to follow up

on that.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

If you go back through the years, Minister, you can see in your department

exactly where government has invested money in this facility. It was before you

came into power but it was still seen as a responsibility of government to do

this work.

In the last election you made commitments in Deer Lake to these people that

you were going to do this work, so I ask you today, Minister: Now that you are

aware of what the issues are, will government be forthcoming with the $420,000

that is needed to do these repairs over the summer?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: She is talking about making commitments. I guess the next

thing is she is going to blame me for getting their MHA defeated over there the

last time. Clearly, I give that credit to my colleague, the current MHA for that

district, Mr. Speaker.

As I just finished saying, the question about being aware of the issue, I

acknowledged having met with the town and representatives of the committee and

touring the facility and saw firsthand some of the issues they were raising.

Until very recently, Mr. Speaker, the committee hadn't furnished the MHA with

a detailed listing of the kinds of repairs that are necessary, and the

associated costs with it. They have made some general overtures around needing

to have financial support, but we needed to have some sense of understanding of

what that would be, Mr. Speaker. So now I need, as a result of my meeting

tomorrow, we will be following up, the MHA for the region and myself and the

officials of my department will follow up some discussions with Western but I

needed to fully understand the scope of the work involved. Now we have some

insight, we will be able to pursue it and have some further discussions.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The lobster fishery continues to suffer from low prices and falling demand.

The federal government pledged $10 million on Friday for marketing and promotion

of Atlantic Canada's lobster fishery.

I ask the Minister of Fisheries and Aquaculture today, if he has had any

discussions with his federal counterpart on this commitment and what specific

activities or incentives will be provided to lobster fishermen in Newfoundland

and Labrador?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, the Leader of the Opposition is correct. There was a $10 million

commitment made late last week for marketing of Atlantic Canadian lobster. Mr.

Speaker, the unfortunate thing about that is that it does very little, if

anything, for the people who are involved in the lobster fishery in the short

term in Atlantic Canada and does very little to deal with the bigger structural

problems that are in the Atlantic Canadian lobster fishery.

Mr. Speaker, the Minister of Fisheries and Aquaculture here in Newfoundland

and Labrador and his colleagues throughout Atlantic Canada have been working

aggressively to try and secure a meeting with the federal Minister of Fisheries

and Oceans on the many issues involved in the lobster fishery, the crab fishery,

and the shrimp fishery in particular, in Newfoundland and Labrador and

throughout Atlantic Canada and for that matter, Mr. Speaker, globally as a

result of the global recession that we are facing. They have not been able to

secure a meeting at this point, although they are continuing to work on it, Mr.

Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

So what I am hearing from the minister is that this $10 million federal

program will not be used to offset any of the financial burdens that lobster

fishermen are currently experiencing. Mr. Speaker, when I questioned the

minister provincially on May 11, he stated that his department was looking at

options to see what could be done to help the struggling industry in the

Province.

So today I ask him, if he has developed any additional options for this

industry and will the provincial government be offering some investment or

incentive program to help lobster harvesters this year?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, as the Opposition Leader would know and as the people of

Newfoundland and Labrador and certainly the people in the Fishermen's Union

would know, this government has, over the course of the past three years, on a

number of occasions, tried to work with the industry to solicit a more

aggressive marketing campaign. We offered to buy the marketing arm of Fishery

Products International and put it in the hands of the industry here for a

collaborative marketing effort. We tried, Mr. Speaker, just as late as the last

six or eight months.

The Minister of Fisheries and Aquaculture here met with our industry. They

put it to a vote. We were prepared to establish a seafood marketing council here

in Newfoundland and Labrador. We were prepared to help fund that, Mr. Speaker.

We were prepared to reduce the cost of licence fees so that the industry could

participate in that, Mr. Speaker. All of those initiatives that our government

and our Minister of Fisheries and Aquaculture have tried to pursue with the

industry, Mr. Speaker, have been met with resistance in the industry. As it

stands right now, Mr. Speaker, there is a short-term requirement for financial

aid for lobster harvesters in Newfoundland and Labrador. That request, Mr.

Speaker, is in to the federal government and we wait their response.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

In addition to low prices, most lobster harvesters, or some recently lost

gear and equipment as a result of poor weather conditions adding to their

financial struggles for this year.

I ask the minister: Is there some program within the department that provides

assistance for gear replacement for these particular harvesters, or will the

Province look at designing a program to help the system in that capacity?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

I think I answered that question about four-and-a-half years ago, if my

memory serves me correctly, when there was a pile of lobster gear lost on the

West Coast. There is no program. There has not been a program since the late

1970s, Mr. Speaker, and without getting into it, I think there was a significant

amount of legal action that took place as a result of some issues, I will

suggest, in the administration of that program and I believe that two people

went to jail over it.

No, Mr. Speaker, we do not plan on going down that road again.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, yesterday I asked the minister about the former

Grand Falls Academy High School in Grand Falls-Windsor, and the minister

informed us that the provincial government had disposed of the premises by

conveying it to a private individual.

I ask the minister: When this conveyance of the school to the purchaser was

made, were there any guarantees or disclosures made by the vendor respecting the

asbestos contained in the flooring and the walls?

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

SOME HON. MEMBERS: Hear, hear!

MR. KING: For clarity, Mr. Speaker, I think what I said yesterday, and if

I did not I will correct it, that the building was the property of the school

board, not of the government, and the school board would have disposed of it. It

would have been my understanding and expectation that it would have been done in

keeping with the particular regulations of Government Services that would have

been required.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, I ask the minister: Was there a process of

consultation with the Town of Grand Falls-Windsor prior to the disposal of

assets to ensure they met with the developmental plans?

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

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, I can only say that if the school board disposed

of the assets, they would have had to do so in keeping with provincial

regulations and municipal regulations. I really cannot speak for the school

board and say what kind of consultation, if any, occurred, but I can certainly

endeavour to try and get that information if the member wishes.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

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

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

Mr. Speaker, yesterday the Minister of Health and Community Services was

trying to downplay the systemic issues in our health care system when I raised

questions arising from the recent event at G.B. Cross Memorial in Clarenville.

Mr. Speaker, we continue to have events occur that are making the public

question the reliability of Eastern Health's abilities. At the very least,

Eastern Health seems to have a serious continuing communications problem.

Mr. Speaker, I ask the minister if he would tell the House: Did G.B. Cross

Memorial report the recent tragic incident to senior management of Eastern

Health on the day that the near tragic event occurred?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I really wish the member opposite would not try to play

cheap politics with people's lives and significant events that are happening

to people of this Province.

I did not say yesterday, nor was I downplaying the significance of any event.

For the member to stand in this House today and suggest that I said that is

totally irresponsible on her part and playing cheap politics and trying to get a

shot at me as a minister.

It is embarrassing, Mr. Speaker, to be a member of this House and listen to

this member stand up day after day to try to make cheap political games out of

personal tragedies. Mr. Speaker, it is embarrassing to be a part of the House

and witness that.

Clearly, I did not say that in this House yesterday. What I spoke to in this

House yesterday was the significance of the tragedy, and I stress my condolences

on behalf of government to the family. I was not at all speaking to any issues

in the broader health system. So let's make something very clear about my

comments yesterday, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

MS MICHAEL: Mr. Speaker, I too am concerned about the family and their

loss, and I too have expressed my condolences to the family, but the public is

speaking out.

Mr. Speaker, the Task Force on Adverse Events called for a communications

plan to deal with an event that might have the potential to raise public concern

due to unofficial information circulating about the event. That comes from the

task force report. A relative calling Open Line, as happened Sunday night, has

caused the confusion in the public.

I ask the Minister of Health and Community Services: Is there a generic

communications plan, as called for by the task force, that Eastern Health has to

deal with public communication when the adverse event gets out into the public

before they plan it to happen?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, it is extremely important if any health

authority, whether it is Eastern Health or anybody else for that matter, or the

department itself, if you are going to make public comment, you have to make

sure that you understand what the circumstance might be.

Now, there is an event that happened at the Cross Memorial Hospital in

Clarenville early Friday morning and there is an investigation taking place

internally with respect to what might have happened and what might have given

rise to that tragedy. Until Eastern Health is in a position to have a good

understanding of what actually took place, it is impossible for them to make a

public comment.

Unfortunately, Mr. Speaker, this government, health authorities, no one has

any control of who may call in to Open Line shows. I do not think anyone in this

House would stand here and suggest that everything repeated or everything stated

on an Open Line show is a statement of fact. Many people call in speculating.

Many people call in talking about things as they understand them.

I understand that they are expressing the views as they understand them, but

they may not be factual. So for the member opposite, or anyone else in the

public for that matter, to be running with that information as suggesting that

it is factual is totally inappropriate.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

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

What I am doing, I am not repeating anything that I have heard, I say to the

minister, on Open Line. What I am saying is that concern was raised. One of the

reasons concern was raised is because people do not have the facts. So, isn't

there something Eastern Health could do to at least give a modicum of facts to

people?

That is what the task force talks about, that you can get something out in

the public before the health authority meant it to happen. What do they do when

that kind of thing happens? That is what I am asking, Mr. Speaker.

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, there are some Open Line callers, I understand

that, but the most active voice on this issue is the member opposite.

I give credit to the Leader of the Opposition for having the decency and an

understanding of the sensitivity of the issue and not raising it yesterday and

again today, and I commend you for that.

For the member opposite to be standing the second day in a row, and going out

in the public domain and the media, she is the single loudest voice on this

issue and it is shameful to listen to her again stand in this House. I suspect

that when she leaves here she will rush out and have another scrum and have

another comment in the public domain again, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Presenting Reports by Standing and Special Committees

MR. SPEAKER: The hon. the Member for the District of Fortune Bay-Cape la

Hune.

MS PERRY: Mr. Speaker, on behalf of the Select Committee appointed to

draft a reply to the Speech of His Honour the Lieutenant-Governor, I am pleased

to present the report of the Select Committee as follows:

To His Honour the Lieutenant-Governor, The Honourable John C. Crosbie, may it

please Your Honour, we the commons of Newfoundland and Labrador in Legislative

Session assembled beg to thank Your Honour for the gracious speech with which

Your Honour has addressed this House.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

Pursuant to

section 16 of the House of Assembly Accountability, Integrity and

Administration Act, an independent committee called the Members' Compensation

Review Committee shall be appointed at least once during each General Assembly.

This committee prepares a report respecting salaries, allowances, severance

payment and pensions for Members of the House of Assembly. The Review Committee

reports to the Speaker, who presents the recommendations to the House of

Assembly Management Commission which can address some of the issues, while other

issues which require legislative amendments are referred to the appropriate

departments for preparation of a bill.

I have consulted with the Government House Leader, with the Opposition House

Leader, and with the Leader of the Third Party, on the appointments to this

committee as required by subsection 16(2) of the House of Assembly

Accountability, Integrity and Administration Act and I am now reporting to the

House.

Three well-respected individuals have been solicited to serve on this first

Members' Compensation Review Committee, and I understand that the Government

House Leader will be introducing the resolution today to appoint this particular

committee.

Further reports by standing and select committees.

Notices of Motion.

Notices of Motion

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

MS BURKE: Mr. Speaker, to build on what you had indicated regarding the

Members' Compensation and Review Committee, I move, seconded by the Opposition

House Leader and Member for Burgeo & LaPoile:

WHEREAS subsection 16(1) of the House of Assembly Accountability, Integrity

and Administration Act requires that an independent committee, called the

Members' Compensation Review Committee, be appointed at least once during each

General Assembly; and

WHEREAS, in accordance with subsection 16(2) of the House of Assembly

Accountability, Integrity and Administration Act, the Speaker has consulted with

all House leaders on the appointment of the said Committee; and

WHEREAS all House leaders have agreed with the introduction of this

Resolution; and

WHEREAS, under subsection 16(4) of the House of Assembly Accountability,

Integrity and Administration Act, a Members' Compensation Review Committee

appointed under this resolution must report to the Speaker on its

recommendations within 120 days of its appointment;

BE IT RESOLVED THAT Joe O'Neill, Cathy Bennett and Brian Barry be appointed

to the Members' Compensation Review Committee, with the appointment to be

effective on July 6, 2009; and

BE IT FURTHER RESOLVED THAT the Members' Compensation Review Committee

inquire into and prepare a report respecting the salaries, allowances, severance

payments and pensions to be paid to Members of the House of Assembly; and

BE IT FURTHER RESOLVED THAT the Members' Compensation Review Committee, as

part of its inquiries, include consultations with appropriate persons who can

assist the Committee with respect to its required duties; and

BE IT FURTHER REOLVED THAT the Members' Compensation Review Committee

deliver its report to the Speaker on or before October 31, 2009; and

BE IT FURTHER RESOLVED THAT the House of Assembly Service conclude the

contractual arrangements required to carry out the intent of this Resolution.

MR. SPEAKER: Further reports by standing and select committees.

Tabling of documents.

Notices of Motion.

Answers to Questions for which Notice has been Given.

Petitions.

Orders of the Day.

Orders of the Day

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

MS BURKE: Mr. Speaker, I move Motion 4, pursuant to Standing Order 11,

that this House not adjourn at 5:30 p.m. today, Tuesday, May 26, 2009.

Further, Mr. Speaker, I move Motion 5, pursuant to Standing Order 11, that

this House not adjourn at 10:00 p.m. today, Tuesday, May 26, 2009.

MR. SPEAKER: The motion is that this House not adjourn at 5:30 o'clock

p.m. today, Tuesday, May 26, 2009.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion carried.

MR. SPEAKER: A further motion is that this House do not adjourn at 10: 00

o'clock p.m. today, Tuesday, May 26, 2009.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion carried.

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Transportation and Works, to ask for leave to introduce a bill entitled,

An Act

To Revise The Law Respecting Rail Service, Bill 36.

I further move that the said bill be now read a first time.

MR. SPEAKER: It is properly moved and seconded that the hon. Minister of

Transportation and Works shall ask leave to introduce a bill entitled,

An Act To

Revise The Law Respecting Rail Service, Bill 36, and that this bill be now read

a first time.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. Minister of Transportation and Works to introduce a bill,

"An Act To Revise The Law Respecting Rail Service," carried. (Bill 36)

CLERK: A bill,

An Act To Revise The Law Respecting Rail Service. (Bill

36)

MR. SPEAKER: Bill 36 has now been read a first time.

When shall Bill 36 be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 36 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, we will continue on the Order Paper with the third

reading of bills.

Mr. Speaker, I move, seconded by the hon. Minister of Justice and the

Attorney General, that Bill 1,

An Act Respecting Apologies, be now read a third

time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 1,

An Act Respecting Apologies, be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Apologies, Bill 1.

MR. SPEAKER: Bill 1 has now been read a third time, and it is ordered

that the bill do pass and its title be as on the Order Paper.

On motion, a bill, "An Act Respecting Apologies," read a third

time, ordered passed and its title be as on the Order Paper. (Bill 1)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, that Bill 22,

An Act Respecting Consumer Protection And

Business Practices, be now read a third time.

MR. SPEAKER: It is properly moved and seconded that Bill 22,

An Act

Respecting Consumer Protection And Business Practices, be now read a third time.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Consumer Protection And Business

Practices, Bill 22.

MR. SPEAKER: Bill 22 has now been read a third time, and it is ordered

that the bill do pass and its title be as on the Order Paper.

On motion, a bill, "An Act Respecting Consumer Protection And Business

Practices, read a third time, ordered passed and its title be as on the Order

Paper. (Bill 22)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, that Bill 24,

An Act Respecting The Registration Of Births,

Marriages, Deaths And Other Vital Events, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 24 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting The Registration Of Births, Marriages,

Deaths And Other Vital Events, Bill 24.

MR. SPEAKER: Bill 24 has now been read a third time, and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act Respecting The Registration Of Births,

Marriages, Deaths And Other Vital Events," read a third time, ordered

passed and its title be as on the Order Paper. (Bill 24)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, that Bill 25,

An Act Respecting Marriage In The Province,

be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt this motion, that

Bill 25 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Marriage In The Province, Bill 25.

MR. SPEAKER: Bill 25 has now been read a third time, and it is ordered

that Bill 25 do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act Respecting Marriage In The Province,"

read a third time, ordered passed and its title be as on the Order Paper. (Bill

25)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, that Bill 26,

An Act To Provide For Change Of Name, be now

read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 26 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Provide For Change Of Name. (Bill 26)

MR. SPEAKER: Bill 26 has now been read a third time and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Provide For Change Of Name," read a

third time, ordered passed and its title be as on the Order Paper. (Bill 26)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Justice

and Attorney General, that Bill 27,

An Act Respecting The Public Trustee, be now

read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 27 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting The Public Trustee. (Bill 27)

MR. SPEAKER: Bill 27 has now been read a third time and it is ordered

that Bill 27 do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act Respecting The Public Trustee," read a

third time, ordered passed and its title be as on the Order Paper. (Bill 27)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Natural

Resources, that Bill 31,

An Act To Repeal The Government-Kruger Agreements Act,

be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 31 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Repeal The Government-Kruger Agreements Act.

(Bill 31)

MR. SPEAKER: Bill 31 has now been read a third time and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Repeal The Government-Kruger Agreements

Act," read a third time, ordered passed and its title be as on the Order

Paper. (Bill 31)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Education, that Bill 33,

An Act To Amend The Memorial University Pensions Act be

now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 33 be now read a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Memorial University Pensions Act.

(Bill 33)

MR. SPEAKER: Bill 33 has now been read a third time and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Memorial University Pensions

Act," read a third time, ordered passed and its title be as on the Order

Paper. (Bill 33)

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

MS BURKE: Mr. Speaker, Order 13, second reading of a bill,

An Act To

Amend The Adoption Act, The Child Care Services Act, The Child, Youth And Family

Services Act And The Regional Health Authorities Regulations. (Bill 35)

MR. SPEAKER: It is moved and seconded that Bill 35,

An Act To Amend The

Adoption Act, The Child Care Services Act, The Child, Youth And Family Services

Act And The Regional Health Authorities Regulations, Bill 35, be now read a

second time.

Motion, second reading of a bill, "An Act To Amend The Adoption Act, The

Child Care Services Act, The Child, Youth And Family Services Act And The

Regional Health Authorities Regulations." (Bill 35)

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Thank you, Mr. Speaker.

I move, seconded by the hon. Minister of Natural Resources, that we move Bill

35. This is

An Act To Amend The Adoption Act, The Child Care Services Act, The

Child, Youth And Family Services Act And The Regional Health Authorities

Regulations.

Mr. Speaker, during this sitting of the House and in our Budget this year,

government announced the establishment of a new department known as the

Department of Child, Youth and Family Services.

Mr. Speaker, this department has been created so that we can strengthen our

focus, government's focus on the needs of children, youth and their families

and be able to build on programs and create programs that will help support a

culture of accountability and excellence in the area of child, youth and family

services, and the way these services are delivered in the Province of

Newfoundland and Labrador.

At this time, Mr. Speaker, the authority or the responsibility to deliver the

full range of services for child, youth and family services rests with the

regional health authorities in this Province, but as the new department

develops, the responsibility for the delivery of these services will transfer

from our regional health authorities into the new Department of Child, Youth and

Family Services. This legislation today is to assist with the transition or the

shifting of responsibility from the health authorities into the new line

department.

This bill today, Mr. Speaker, Bill 35, ensures that we are prepared to do

this transfer. So when we are able to do the transfer this legislation will

enable us to be able to do it. This legislation is certainly important as we

shift the authority from one body, being the health authorities, into the line

department.

We need to ensure that by amending the relevant legislation and including the

regulations of the regional health authorities, that we do these amendments in

order to be able to shift the responsibility into the new Department of Child,

Youth and Family Services. We will see, in large measure, as we do this

amendment here today that there are references to the authority. When we talk

about the authority, that means the regional health authorities, but we will be

shifting the responsibility from the authority, either to the department or to

the minister. That is key in the amendments that we are doing here today, Mr.

Speaker.

It is also important to note that the bill that we are debating here today

will be proclaimed at a later date to be selected by government. What that means

is because we go through this legislation, through second reading and through

Committee, and before the end of this week, hopefully through third reading,

that it does not mean that because we have done this legislation at this time

that it will be proclaimed and come into effect right away. It will be

proclaimed at a later date to assist with the transition. Meaning that as we are

prepared, we have our review done and we are able to take on the responsibility

of these services, we will proclaim the legislation at that time. So because we

go through third reading, it does not mean that the transition between the

authorities and the department has happened or will happen immediately. We need

to ensure that we do the necessary transition and that as we plan that

transition we will be able to establish some dates where we are able to assume

the responsibility from the health authorities.

We recognize that some regions or program components may be ready to be

transferred before others. So for that reason, Mr. Speaker, we are seeking a

provision that will allow the flexibility to conduct the transfer in a phased-in

approach, should that be necessary. So we may actually phase in a program or a

region at a time as opposed to taking full responsibility at a particular date.

In the planning stages, this legislation will allow us some flexibility to be

able to plan and accomplish the transition.

I am going to go through some of the highlights of the bill to explain what

it is we are hoping to accomplish through this today. The Adoption Act, clauses

1 to 3 will amend the Adoption Act. What we will be doing there is we will be

removing the definition of authority, as I indicated, because the authorities

will no longer be delivering the service. It will be the department or the

responsibility will shift to the department or to the minister. In clauses 1 to

3 regarding the Adoptions Act, we will remove the definition of authority. We

will also clarify that future directors will be employed by the government and

not appointed by the regional health authority. Again, it brings in line the

fact that it will be the department and not the regional health authorities, and

of course any directors will be positions that are deemed necessary for the

purpose of the act.

So we will be looking at the organizational structure of the department and

then we will be able to appoint directors to fit the organizational structure of

the department as opposed to the regional health authority, which right now they

say they are appointed by the regional health authority. They will be appointed

by the department.

This also recognizes that the Provincial Director of Adoptions now will no

longer need special access to information in the care and custody of an

authority given that any adoptions information will be the care and custody of

the department. Right now the provincial director needs special authority or

access to information from the regional directors who are responsible for

adoptions. So that will be removed because at this point we have a provincial

director who has to deal with separate authorities and separate boards. However,

as a line department, you will not need special access, the flow of information

should be within the department.

With regard to the Child Care Services Act, clauses 4 to 8 will amend the

Child Care Services Act. Again, we will be removing the definition of authority

and replacing a reference to authority with the department. Again, that is in

line with switching from the regional health authorities into a line department.

We will certainly be clarifying, directors will be employed by the

government, and that two accountability clauses will not be necessary given that

directors will be employed by government. Again, it is talking about removing

the authority and what is vested in the authority, legally, to the line

department.

With regard to Child, Youth and Family Services, clauses 9 to 15 will amend

the Child, Youth and Family Services Act. Again, we will be removing the

definition and the key references to authority, meaning that it will no longer

rest with the regional health authority, but it will be with the department.

Again, we will be looking at directors; as opposed to saying that directors are

with the regional health authority, the directors that we will appoint as

necessary for the administration of the act. The directors and the reporting of

the directors and how many and their authority will be with the line department

as opposed to what is set out in the present act right now. The authority is

vested to the directors now by the regional health authorities.

We will be moving the authority for the establishment of custody review

committees to the minister and making consequential changes to references

regarding membership. Right now, the custody review committees are established

by the health authorities and report to the Director of Child, Youth and Family

Services and the health authorities. As we no longer will have the health

authorities involved, the authority to set up these review committees will be

made by the minister as opposed to the directors of the health authorities.

The regional health authority regulations: we are also amending the regional

health authority regulations, which is clause 16, to delete reference to Child,

Youth and Family Services as this is intended to clarify the transfer of Child,

Youth and Family Services from the regional health authorities to the

department. That is clause 16.

Clause 17 will also clarify that any agreements and I think this is

particularly important, because I think there will be a question posed on this,

probably from a lot of the social workers working in the field. There are a lot

of people who have orders in relation to Child, Youth and Family Services now.

Clause 17 will clarify that any agreements, orders of a court or director or any

key decisions that create a legislated responsibility for authority will become

the responsibility of the Province after the transfer of services occurs. Right

now, if there is a court order that gives authority to the Director of Child,

Youth and Family Services in a regional health authority, when we transfer

services that responsibility will transfer to the new department as opposed to

remaining within the health authority once they no longer have this level of

responsibility.

The final clause is clause 18 of the bill, and that establishes a very

important point. That is - and I have already spoken to this - that the bill

will come into force at a later date to be proclaimed by the Lieutenant-Governor

in Council. This can occur in a staggered fashion so we can transfer services

from the regional health authorities to the Province in a orderly manner. That,

of course, will depend on the transition and the planning and as we are ready to

take responsibility.

In saying that, all services may come on the same day. It may be a transition

that happens that all the planning is made or it may be something that we are

going to stagger the date so we take on a certain program or region, we evaluate

how we are doing, and we look at the issues before we move into the next area.

That has not been determined, but this will certainly allow the flexibility for

the leadership and the transition team to be able to make some suggestions as to

how they feel is the most orderly way to do the transfer.

It is important to realize and I think this is a very important message,

particularly for the employees who work in Child, Youth and Family Services or

the clients of that service - that this transfer will not take place until the

proclamation occurs, so it is not going to happen at the end of this week. We

certainly worked through that plan in the process.

Mr. Speaker, certainly, as we begin debate on this bill it is important that

people understand that the provision of services and programs to clients right

now of Child, Youth and Family Services will continue to be the responsibility

of the regional health authorities. Until we actually do the transition, we do

the proclamation and we do the transition of services, if people require

services at this time or are wondering where the authority is, until this is

proclaimed it is status quo for families and for clients and the set up and how

they deal with the services and how services are being delivered in the

Province. They will certainly be accessing services through the regular way,

through their local community offices as they have been up to this point.

Certainly, Mr. Speaker, this bill represents a very proactive step this

government is taking so that we can be prepared for the future realignment of

programs and services for Child, Youth and Family Services. As the Minister

Responsible for Child, Youth and Family Services, I am certainly looking forward

to this work and to the important work of how we are going to build this new

provincially-led service and how we are going to deliver it across Newfoundland

and Labrador. I certainly think that one of our challenges that we need to be

able to accomplish as we set up this new service, is, we need to look at it in

two ways. One is to set it up as a culture of excellence, because for us to set

up a service and to put as much work into this and research and planning that we

need to do, to say we are going to set up a service that is probably the second

or third best in the country, I do not think represents where we need to go. We

certainly need to have a culture and a service of excellence. It is going to

take a lot of hard work, but I think you know that we are prepared for that and

that the staff are prepared to do that.

We also need to have a culture of accountability right through the whole

system. We are certainly in an era right now where the general public and the

clients of any service expect accountability and we need to make sure that we

build the supports into this program, starting with the legislative review and

going through whatever we need to do, whether it is policy and programs or staff

training or quality control and documentation, that accountability has to

certainly be a theme along with excellence in everything that we do.

Mr. Speaker, that certainly outlines the intent of Bill 35 and I am certainly

looking forward to my colleagues here in the House of Assembly and their

comments regarding this act.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I certainly want to speak to Bill 35, first of all to outline that what this

bill does is makes amendments to four other acts of the Legislature, and

necessary amendments, I guess, in order for government to foster its commitment

to establish the new Department of Child, Youth and Family Services. Those acts

which are being amended through Bill 35 include the Adoptions Act, the Childcare

Services Act, the Child, Youth and Family Services Act, and the Regional Health

Authority regulations.

Mr. Speaker, government made the announcement back in the Budget this spring,

that they would indeed establish a new Department of Child, Youth and Family

Services. In fact, we thought it was an appropriate direction for government to

move in, especially when you look at the current climate around health care in

the Province today, and the fact that you had the full Department of Health and

Community Services and Child, Youth and Family Services all operating under the

one operational department, and taking in a broad range of services and programs

to people all over the Province.

We felt, Mr. Speaker, that it was necessary to see this particular department

watered down to a certain degree to assign specific roles and responsibilities.

We certainly felt that the transitions that have occurred in health care over

the last number of years, in particular with the transitional process of the

boards, that it was necessary for government to give more attention to the day

to day operational components of our health care system, and also to the

community services and delivery components that affected children and programs

related to children in the Province.

Mr. Speaker, I guess for us, we have dealt with a number of issues as an

Opposition that would have been the catalyst, I am sure, for government to look

at how this could be done better. How do we streamline our service delivery and

programs, how do we give it more profile and attention, how do we ensure that it

is effective, that it is reliable, that it is accountable, as we move through

it? I am sure there have been other factors.

I think, Mr. Speaker, of the Zachary Turner Inquiry. The inquiry in the

Province which looked in depth at how the Department of Social Services and

Child, Youth and Family Services operate in this Province when it comes to

delivery of programs and the protection of children that are in custody or wards

of the state. That particular inquiry or investigation made a number of

recommendations; a number of recommendations of changes that needed to occur

within the service delivery, within the accountability process of providing for

children in the Province. Especially for children that were in the custody of

Child, Youth and Family Services.

In addition to that, Mr. Speaker, there have been other cases reported to the

Child Advocate, and also, I am sure, to the Department of Health and Community

Services over the years that have been important as well. Cases that would have

required some internal investigation and would have had outcomes, again, that

would have defined the fact that there needs to be some changes made and there

needs to be a stronger level of accountability within the delivery of these

programs.

I am sure that there were a number of factors that encompassed a decision for

government to move in this direction, notwithstanding the day to day operational

challenges that we find ourselves in with regular health care programs within

the Province. I do not think, Mr. Speaker, it is any secret that anyone who

leads a Department of Health and Community Services in this Province has no easy

job, nor do the CEOs that run many of these corporations. They do not have an

easy job, because they need to be accountable to every last citizen of the

Province who on any given day could find themselves dealing with any facet of

the health care system. I can tell you, I am certainly one member who does not

underestimate the importance of the roles that these individuals play or the

responsibility that they assume when they take on those particular jobs.

I think the Department of Health and Community Services, in addition to being

the largest financial budget that is allocated by the Province, is probably one

of the more critical program service and delivery agents that government has in

terms of providing for people. Whether that would be from the time they enter

the doors of an emergency room in the hospital, to regular check-up procedures

that they have with specialists and clinical operations throughout the Province;

whether it is a person getting on an ambulance, a person being admitted to

hospital, a person undergoing treatment or diagnostic testing, or people who

require services in home care, in long-term care, in personal care; whether it

has to do with individuals that need protection in our Province, our youngest,

most vulnerable, our children; whether it requires foster care services,

addiction services or mental health care. All of these things make up the facets

of our health care department today.

If I was to look at any department in government and say this is probably a

department that has an overwhelming amount of responsibility, a department that

has an overwhelming accountability to the people of the Province it would be

that department. I think it was definitely a move in the right direction.

Hopefully, Mr. Speaker, under the new department we will be able to not only

drill down into the issues that have been systemic in the delivery of services

to children and youth in the Province, but hopefully we can take the

recommendations from reports like the Turner Report, like the mental health

report, and we can build on those particular recommendations.

I am hoping that Child, Youth and Family Services does not just become a

departmental head, it does not just become another operational entity of

government, but it really becomes a department that focuses the programs and

services for children and youth and looks at improving those programs; looks at

making the modifications where it is needed; looks at how they can be more far

reaching to children and youth in the Province; looks at where the gaps are in

service delivery and how those services can be further developed and more

enhanced to meet what their needs are.

I know, Mr. Speaker, just looking at foster care alone, look at some of the

issues that we have faced in the Province in the last couple of years around

foster care, where we have had hundreds of children who have been in foster care

in the Province, where we have had wait lists of hundreds of other children with

no placements for them, because we have not had enough foster families or foster

homes to take those children. Look at the number of children we have had in

foster care outside of the Province, who have been in foster homes in Ontario

and in Quebec and in other places in the Province, getting that level of

protection and the level of care that they required.

It is a very important problem, because the only time a child is ever taken

and placed in foster care is when the child needs to have that type of

protection or that type of care to ensure their safety, to ensure their

well-being, and to ensure that their overall health is progressive. Whenever we

have cases like that in the Province we should not have to take those children

and place them on a wait list until there is a family to take them. We should

have families who are being paid decently to provide for the welfare of our

children. We should have families who are orientated, who are given briefings

and are well trained.

Mr. Speaker, most families that become foster care families do so just out of

their general love and caring way for children. They want to do something, they

want to give something back to society, and this is their way of doing it, by

providing for the safety and health of a child in our Province.

Mr. Speaker, with that also comes the expense of providing for those

children. That is why I think if we had better incentive programs for foster

families and I have looked at programs in Ontario, in fact, when I have been

there, and met with foster families in that province and the service they are

delivering. I think, if there was more financial stability for the family to

ensure and provide for all of the needs of the child from that perspective, then

we would certainly not be having the wait lists that we have today.

In addition, Mr. Speaker, we have a lot of children in care who require

specific services, who require the services of addiction counselors, and who

require services for behavioral management and anger management issues. Many of

these children I know in the case of Labrador, in particular, with our

Aboriginal population, at any given time there are from twenty-five to thirty of

these youth who are placed in care outside the Province.

While I am all for putting a child where the service is, as a short-term

mechanism to meet their needs, I think it is time to look at the long term, what

we require in the long term to support children and provide service for children

who are now being placed in care outside the Province.

I know in two particular organized agencies in Ontario they are taking a lot

of youth from Labrador right now on an annual basis at a cost, I think, that is

somewhere around $10,000 a month, in some cases, and sometimes a lot less than

that, for the government, through Labrador-Grenfell Health. Mr. Speaker, these

youth are being placed in agencies and then in homes with families who are able

to provide and help them with issues around addictions, around substance abuse,

around anger management, around fetal alcohol syndrome, all of these different

challenges that these children face, including learning disabilities.

Why can't we develop for the long term to provide those services here in

Newfoundland and Labrador? Because I do think that we can, and I do think we can

do it allowing our Aboriginal children today who are in those facilities in

central Canada to be closer to their own Province, to be closer to their own

culture, and to have more of an opportunity to interact and still engage with

their families so that once they finish the program, once they have gone through

the healing process, it is easier to make the transition back to their reserves

or their communities or their families.

Mr. Speaker, children in custody from the Labrador region being in custody

outside the Province is nothing new. It is not something that has just happened

in the last two or three years. It has been going on now for probably ten years

in the Province, so it is no longer considered to be a short-term fix. Today it

is being looked at as the long-term treatment solution for these children, and I

would just like to see government make a move to develop those programs and that

infrastructure right in our own Province.

In fact, Mr. Speaker, the families who are providing this care, it is their

full-time job. It is a full-time occupation for them, because they are taking

these children through - or youth, I should say - through every step in their

lives. They are ensuring that they go to class. They are taking them to meet

their social workers. They are taking them to their addiction counselling

sessions. They are taking them to meet their psychologists, for their psychiatry

appointments. They are engaging with them in community sports and community

recreation. They are there to help them with their homework, to help them with

their anger management issues or other issues that they face. They are actually

taking them through every single facet in their life that they need to learn as

a part of society, so it has become a full-time commitment for these families.

This is their job and, as a result of it, they are paid - they are paid

appropriately, Mr. Speaker - to provide that service, to provide that service so

that we are ensured that the service is full-time, that it is to the calibre

that it needs to be, that these families are trained and orientated in a fashion

to be able to support the young individuals who are in their homes and in their

care. Again, I hope under the new department that they will start looking at

those types of services that can be done right here in the Province to ensure

for the longer-term treatment of young people.

I just talked about cases from Labrador because I am more familiar with the

caseload there, and the number of kids that are being placed, and the kind of

things they suffer from, but it is happening all over the Province. Maybe not to

the same degree, maybe the statistics are not as high, but there are a number of

cases in all areas of the Province where there are children being placed in care

programs similar to this in other provinces in Canada.

The other issue, Mr. Speaker, under the new department that I hope government

will look at is mental health services to youth. We have had cases in this

Province - shameful, shameful cases, Mr. Speaker - where our young people, our

young, more vulnerable youth, who have now been in hospital facilities and out

of hospital facilities in this city for the past two years, suffering from

mental illness and not getting any stability, not being treated properly. Mr.

Speaker, I raised the case in this House of Assembly of three young girls that I

had become very familiar with their cases and, in fact, have even had the

opportunity to talk with them, to talk with their families. Honest to God, I

have to say, I have never seen anything sadder in my life, sadder in my life

than listening to the story of a young girl and her family who have spent as

much as four months at one time locked up at the Janeway Hospital without full

services of a psychologist, without having all of the rehabilitative treatments

that they needed to be able to deal with their suicidal issues, to be able to

deal with the chronic mental illness that they suffered from.

Can you imagine four months, as a thirteen-year-old or fourteen-year-old,

being locked up in a facility, having someone escort you to the bathroom, not

having to go to school, not having to interact with your friends, not ever

getting to walk outside to get fresh air, but not getting the treatments? If

they were there and they were being treated, and you knew that at the end of two

months or three months that this was a young person that you could start

integrating back into society, getting them familiar with going back to school,

getting them familiar with interaction with their friends again, and their

family, ensuring that they were developing far enough that they had the strength

and the courage to deal with the mental illness that they suffered from, maybe

then you could understand some of these things; but when I listened to their

stories and to know what they have gone through, and then not only be locked up

there for four months and then be told, okay, you can go home now well, it

is not that easy. It is not that easy to just get in a car and drive home and

expect that you are going to get up tomorrow morning and this young person is

going to function like a normal fourteen-year-old.

It does not work that way. In fact, Mr. Speaker, on every occasion that one

of these young kids was released from a mental health institution, almost on

every occasion, they attempted suicide within twenty-four hours again. That

should tell you that alone should tell you, Mr. Speaker - that they did not

get the level of treatment that they required in order to be functional and make

the integration back into society.

So, what happens to them in the system? They continuously are being brought

back to the emergency rooms. They are continuously being hospitalized. They are

continuously being left without services, without treatments, for months again,

and then they are released again.

One young person has been through this for two years. In fact one of them,

Mr. Speaker, was turned away from the Janeway it is just as well to put it

that way turned away simply because it was felt that they could not handle

the multiple disciplines of mental illness that this child was going through,

and they were referring them to the Waterford Hospital.

Mr. Speaker, unfortunately, they were taken to the Waterford Hospital under

cover of darkness, shackled, under police escort, which is no way for any child

to be treated in the Province; unless, of course, they are a common criminal.

But these people were not common criminals. These people were sick individuals.

They were sick, they had problems, they needed treatment.

Having said that, Mr. Speaker, they were taken to the Waterford Hospital, and

one of these children, one of these youth was actually hospitalized on a floor

with twenty-four adults who were also there looking to be treated for mental

illness issues. They were also of both genders. They ranged from different ages

and they ranged from different types of mental illness. Was that an appropriate

environment to place a child into? If it were my child, Mr. Speaker, I would

have been just like that parent acted, who felt they were restrained and had no

control over what was happening to their child. Because the child had been

placed under the custody and the care of the physicians and of the authorities

which did not grant the parents any discretion as to what treatments the child

got or what services they got. So the parents were completely helpless. They

could not do anything. They had no say.

Mr. Speaker, can you imagine yourself in that position? Can you imagine

yourself being placed in that position, and then to know that this child spent

months and months at the Waterford Hospital on this same floor where there was

violent action occurring between other adult patients; on a floor where there

was vulgar language being used; on a floor where the consumption of tobacco

apparently was being allowed in a certain confined area. This is the environment

under which a fourteen-year-old mentally ill child was being placed to be cared

for in the Province. Now that alone should tell you that there is a problem with

our system. That alone should tell you that there is a need for improvements.

I hope, Mr. Speaker, that the minister, under this new department, will give

more focus to this issue; although, at the time, we have a commitment from the

government that they will look at constructing a youth treatment facility in the

Province. We know that they will construct a youth treatment facility in the

Province but the treatment facility, we have not been told what it is going to

look like in terms of programs, in terms of services, in terms of capacity. We

have not been told when it is going to be ready to provide services to people in

this Province, and we have not been told what the interim solution is for young

people that are suffering from mental illness in this Province.

Now, I just talked about two cases in particular. Let me talk about another

case that I have dealt with from Central Newfoundland, a case of where a child

was seeing a psychiatrist at a hospital in Central Newfoundland and, all of a

sudden, that individual moved. That psychiatrist moved and there was no one else

to take on this particular case. Parents have had to take their child to the

emergency room in Grand Falls and leave and drive to St. John's with their

young sixteen-year-old child to come to the Janeway to try to get services for

that child because they needed it. They were very sick and they needed it. They

did that more than once. It was on more than one occasion when they have had to

take their child and travel right across the Province in order for that child to

get the services of a psychiatrist for their mentally ill problems that they

were suffering from.

There were others, Mr. Speaker, that needed to go into proper treatment

facilities, and there were treatment facilities looked at outside the Province.

I remember one set of parents sitting with me one day in my board room telling

me that Eastern Health and the Department of Health had recommended this

particular institution for their child to go to, to get treatment. When they

went on-line and started to search and find out what this treatment facility was

all about, they found that this treatment facility had been surrounded by

scandal. There were actually issues of abuse. There were actually issues of

other major concern that surrounded this facility in which a number of people

had been fired from their jobs because of how they dealt with children and youth

that were hospitalized there for mental health treatment.

So you need to be taking this much more seriously, and if you are going to

recommend a facility check it out first. Check it out first. Do not leave it to

the parents to take the concern and the initiative to go and do that. Why would

you even recommend a facility without having it checked out? Again, it just goes

to show that they were desperate to find a solution and not thorough in doing

their work; again, an injustice to these young people that suffer from mental

illness in the Province who need those services.

Mr. Speaker, I could go on with dozens of cases like this because we have

dealt with so many of them, but I think the point is being made that there are

gaps in many of these programs that are there to provide for children and youth

in our Province that need to have improvements. They need to have corrections.

You look at things like the Assisted Living Accommodations, and that is the

program that government uses. I guess it is like a last resort kind of program,

when they take children and they have nowhere to place them. They are in the

care of the state but they have nowhere to place them. They put them in

alternative living accommodations, whether that be putting them up in a hotel

room with home care workers, putting them up in a rented house or apartment

units and having them cared for by home care or child care workers. Mr. Speaker,

where are the regulations around all of those programs, because my research is

telling me it does not exist? It does not exist. Where are the qualification

requirements for those care takers that are going in and caring for these

children and youth in a hotel or in an apartment?

The minister and the government, when I asked the questions around it going

back a year ago, stood in the House and said: well, what is the option? Do we

leave a child in an environment where there are issues of safety or there are

issues of abuse? Well, of course you do not; common sense will tell you that you

do not. That is certainly not what we were suggesting. What we were suggesting

is that if you are going to use that kind of a solution as an alternative living

arrangement for children in custody, then regulate the process, ensure that the

people you are hiring to provide the services are properly trained. Is that too

much to ask for? Not just field it out to an agency and leave it to the agency

to create their own criteria, because that is pretty much what is happening in

the Province. Mr. Speaker, when we raised it, it was well over a year ago now. I

have heard nothing from the government on it since. The only response was: What

was the alternative? Well, Mr. Speaker, it is not about what the alternative is,

it is about, if you are going to choose it as your alternative we do not have a

problem with that, but make sure that you also do due diligence to ensure that

we are not just sending people in to care for children who have anger management

issues, children that have issues around abuse, whether that be physical or

emotional or sexual abuse, and have them there to care for these children when

they have no experience, no orientation, no training to be able to deal with any

of those issues.

Mr. Speaker, those are the kinds of issues that we are hoping this new

department will be able to take on, will give more attention to, and ensure that

the programs and services that are there for our young people are strengthened

and that they are more accessible and that they are more progressive and that

they are just not stuck in doing things the same old way if the results are not

speaking for themselves. The results have to be measured. The results have to be

measured in terms of ensuring how many children suffering from mental health

services or addiction services are being rehabilitated and are being

transitioned back into their families and back into society.

We need to be able to measure, Mr. Speaker, the success of children who are

coming through our foster care system, to ensure that they are getting the

supports that they need as a foster child, as a child of the Province, ensuring

that they are getting the kind of standard of living that is measurable and

necessary in order for them to see proper success and growth. We need to be able

to measure those things. We need to be able to look at how many children and

families together are being rehabilitated, how many children are able to be

placed back into the family unit, what programs are going to be there for

families, especially families, Mr. Speaker, which we take children from that

might be families that suffer from alcoholism or from drug addiction, which are

both illnesses within themselves. How is our success rate in healing and

rehabilitating those individuals, so that they can care for their children

properly and raise their children properly?

Mr. Speaker, I think that it also has to have very measurable outcomes, and

one of the good things about taking it out of the broader Department of Health

and Community Services and putting it into Child, Youth and Family Services as a

separate department is it gives government the opportunity to be able to really

look at all of those issues very carefully and to devise not only programs and

services that will help these families and their children but also it allows

them to look at the real success of what they are doing, to measure the outcomes

of their programs and services. I think that, in itself, is as important as

well.

In addition, Mr. Speaker, the minister talks, in this legislation, about how

it will not be proclaimed immediately, and we certainly would not have a problem

with that. We understand how that works. In fact, my colleague, the Opposition

House Leader, reminded me that when we did the Freedom of Information Act it was

proclaimed at different stages. In fact, it probably took three to four years

before all of the act did get proclaimed, and we would certainly understand that

the reason for that would be that this deals with four different acts of the

Legislature. It will require some transitional issues with the health

authorities in particular and we certainly understand why government would need

the time to phase this in and to do it appropriately.

The only thing that we would ask, Mr. Speaker, is that it be done as quickly

as possible, that, while time is required and there is a process to be followed,

there should not be any further time taken than is necessary to ensure that the

department is set up and operating effectively as soon as possible.

Thank you, Mr. Speaker.

MR. SPEAKER (Osborne): The hon. the Member for Signal Hill Quidi

Vidi.

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

I am quite pleased to speak to Bill 35, which is

An Act To Amend The Adoption

Act, The Child Care Services Act, The Child, Youth And Family Services Act And

The Regional Health Authorities Regulations.

Of course, this bill is necessary because of the change in structure that is

going to take place over the next year or so, I guess the timeline is going to

be, whereby Child, Youth and Family Services are going to be moved out from

under the Ministry of Health and Community Services, and moved into its own

department.

I have said before in the House, and I will repeat again today, that I am

very pleased the government has seen that this is the direction in which we

should move in this Province, that the issues under Child, Youth and Family

Services are so important that there needs to be a department totally devoted to

that whole area of work, where the department fully understands what it is that

is required under Child, Youth and Family Services.

I think what I want to use as my starting point is a meeting that I had two

years ago. The meeting was with a group of social workers, a group who at the

time felt so vulnerable and felt so under attack in the department that they

were trying to work in, that they requested to meet with me privately outside of

the House of Assembly, and we actually met in my home one evening.

I remember that meeting very, very well. It was initially stressful and

tense, because the social workers themselves had so much to say and did not know

where to start. When they got going, when they started speaking, the first point

they made that was so clear, was that under Health and Community Services they

were in a department that did not understand community work, in general, did not

understand Child, Youth and Family Services, and they did not have any priority

in the department. That was how they were experiencing it as social workers.

They did not have any priority. They were underfunded, they were

under-resourced, they were stressed, it was an extremely intense meeting that I

had with those social workers, and they were just begging for somebody to listen

to them to understand the changes that needed to be made.

I have never forgotten that meeting. That meeting has always been with me,

but I was particularly reminded of it last week when we received a copy of the

Clinical Services Review, which was a review that was put in place last year by

the government, a review of Child, Youth and Family Services as it existed under

Health and Community Services.

When I read this review, the final report which came out in December 2008,

though we only received it last week, when I read this review I was reminded of

the meeting that I held with those social workers two years ago. This report,

which is an excellent report - this review is very, very good - when I read it I

realized that all the insights that were in this report I had heard from these

social workers whom I met with two years ago.

Those social workers were educated and trained in their field; I think there

were four of them. They had a tremendous length of experience among the four of

them. They knew how the system should work, but they knew everything that was

wrong. When I read the Clinical Services Review, I heard their voices talking to

me about the fact that they did not have time. They were not only in protective

child; they were in the broader field of Child, Youth and Family Services, but

child protection was a major thing that they talked about. They fully understood

that they had to put so much time into crisis response and they were so under

resourced, in terms of numbers of workers, that putting all the effort into

doing good crisis response, because this is an issue that had arisen and there

was a lot of criticism about crisis response, that putting so much into it with

so few resources, they did not have the time to do the rest of the work that

they needed to do in the system. When I read some of the comments from the

clinical services report, I thought, yes, the social workers that I met with

would say yes to everything that is written here.

For example, one of the things that is in the report, on page eighty-nine:

There needs to be a higher level of contact in order to provide an effective

service and to ensure the children are receiving appropriate care.

The social workers I met with that evening in my home would say yes, yes,

yes, to that. They know that there has to be ongoing contact, but at that time

they did not have enough people to do the work in order to have ongoing contact.

They were overwhelmed with their caseload.

Another thing that is in the Clinical Services Review, it says a higher level

of contact is required to provide an effective service and to ensure the child

is receiving appropriate care. These social workers would say the same thing.

They know how much contact is needed in order to provide effective service. So

what they would be saying is, yes, this has to be in place but they have to have

a smaller caseload in order to do it.

Another area that the Clinical Services Review names is: lack of planning

with clients. When you look at clients as being children and families, they

would definitely say yes, that they do not have the time to sit together with

the families and with the children and to work out to the depth that is needed.

They are into crisis management all the time. This is what I heard two years

ago, and in this report that was finalized in December, which was probably about

a year-and-a-half after my meeting, I hear the specialist, the consultant who

did this report, saying the same thing.

The social workers would also agree with what is in this report when it says

that little time with families so, not having enough time with families -

speaks to problems with the thoroughness of assessments of family needs. That is

really important. They cannot fully assess the needs in the family and to try to

work with the family on those needs if they do not have the time with the

family, intense time with them, to figure out what those needs are.

So, when I read this report and when I hear that we are going to have a

department, I say great, wonderful, because finally something may get put in

place to meet the needs of the social workers that I met with a couple of years

ago, and not just the needs of the social workers but their needs as they relate

to the families and the children that they are connected to; because any of the

social workers I have met, and I have met a lot, are people who care. They are

individuals who are trained, they care about families, they care about the

children, but, because of the stressful nature of what they have been working

under, both in terms of a system where they did not fit - what they said to me,

and I remember it, it is a common example but they used it, was they felt like

square pegs in round holes inside of the Health and Community Services. Number

one, being in a system where they didn't fit, and, number two, not having

adequate resources, led them to behaving in a way that they knew, as social

workers, wasn't professional. By that I mean, not that they were doing

inappropriate things but they were not able, and are not able, to do the work

that they know as social workers is necessary.

I am willing to bet that the majority of social workers working inside the

Child, Youth and Family Services Division at this moment know everything that is

in this report, and are frustrated because they cannot act the way they believe

they should act. They know that combining a family-centered action plan and the

individual support service plan into one service plan that is child centered and

focused on the reduction of risk of harm to children they know the two

things have to go together. It takes time to work with families and to make

those things work.

We have some places in the Province, and one particularly here in St. John's

in my own district, actually, where a lot of work goes into trying to work with

families. That is the Daybreak Program. It is a very impressive program, because

the program is based on not just being a centre for children but being a centre

for families and children. They work with families in need and they help the

children and the families to do their plan together. They help the children's

plan to work inside of the families' plan, and they work with the social

workers and Child, Youth and Family Services as well, in trying to make sure

that what they are doing in Daybreak with families and with children will work

together both for the good of the children and the good of the families. I think

that is something that is extremely important.

I noted in the bill, under clause 15, actually, that clause 15 repeals

section 76 of the Child, Youth and Family Services Act. The repealing that is

done is done in order to put a whole new form in place, a review committee for

each region of the Province that will be under the new department.

Clause 76.(2) says, "Each review committee shall be composed of (

a) an

employee of the department; (

b) a parent of a child who is receiving or has

received services under this Act or a predecessor Act; and (

c) a member of each

appropriate professional discipline employed in the region for which the

committee is being appointed."

I think this review committee is extremely import