Newfoundland and Labrador Hansard — 23 February 2006 (45th General Assembly, 2nd Session, Vol. XLV No. 46)

2006-02-23

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — 23 February 2006 (45th General Assembly, 2nd Session, Vol. XLV No. 46)

2006-02-23

Newfoundland and Labrador — Debates (Hansard)

February 23, 2006 HOUSE OF ASSEMBLY

PROCEEDINGS Vol. XLV No. 46

The House met at 1:30 p.m.

MR. SPEAKER (Hodder): Order, please!

Admit strangers.

This afternoon I am very pleased to welcome to the Speaker's gallery, the

Member Elect for the District of Placentia & St. Mary's, Mr. Felix

Collins.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: I am also very pleased to welcome to the Speaker's gallery

this afternoon, the Leader of the Liberal Party of Newfoundland and Labrador,

Mr. Jim Bennett.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: This afternoon we have member statements as follows: the

Member for the District of St. John's North; the Member for the District of

Grand Bank; the Member for the District of Bonavista South; the Member for the

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

John's West; the Member for the District of Carbonear-Harbour Grace; and, by

leave, the Member for the District of Labrador West.

The hon. the Member for the District of St. John's North.

SOME HON. MEMBERS: Hear, hear!

MR. RIDGLEY: Mr. Speaker, today I would like to pay tribute to a group of

ladies who are small in number but who have made a significant contribution to

their fellow citizens.

Back in 1961, this group of eight or ten nurses, all working in the operating

room at the old General Hospital, decided to form a bridge club and they would

get together once a week for a game. One of the reasons that this group is

special, Mr. Speaker, is the fact that one of the original members of the group

is our own Sergeant-at-Arms, Elizabeth Gallagher.

These ladies have continued to get together on a weekly basis over the years

but, unfortunately, during that time, three of their members have succumbed to

different forms of cancer: Jeanette Holden in 1990, Margot Wedgewood in 1992,

and Margie Nowe in 2000.

Here, Mr. Speaker, is the other reason why this bridge club is special. While

they grieved for their lost friends, they found a way to turn their sadness into

something very positive. They collected some of the recipes that they had

enjoyed at their weekly card games and published a cookbook in memory of their

friends who had died from cancer. They then put considerable effort into selling

the cookbooks - in fact, they had to go to a second printing - and their efforts

resulted in raising a total $6,703 for the Canadian Cancer Society.

Mr. Speaker, I believe that this story speaks to us about such things as

strength of character, the bonds of friendship, and about turning adversity into

something positive. These qualities deserve to be recognized, so I ask all

members of the House to join me in paying tribute to these ladies for their

effort.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Grand Bank.

MS FOOTE: Mr. Speaker, I rise today to commemorate the life of Brian

Hollywood, an Irish-born physician described as a legend on the Burin Peninsula.

Dr. Hollywood passed away on February 13 at the U.S. Memorial Health Centre in

St. Lawrence at the age of seventy-nine after being diagnosed with multiple site

cancer in January.

A native of Newry, Northern Ireland, Dr. Hollywood came to St. John's as a

physician in 1957 and worked at the old General Hospital and the Sanatorium. His

wife Eileen, of County Down, Ireland, followed him to Newfoundland. By 1960, Dr.

Hollywood and his wife were living in St. Lawrence and he was working at the

town's U.S. Memorial Hospital.

In the first year at the hospital in St. Lawrence, Dr. Hollywood and his

assistant delivered more than 300 babies. He was also the medical examiner

dealing with many men who had contracted silicosis, lung cancer and other

respiratory diseases as a result of working in the fluorspar mines in St.

Lawrence during the 1940s and 1950. Dr. Hollywood was the doctor who dealt

primarily with the sickness associated with the mine. He had a lot of dealings

with the families of miners and was an advocate for social justice for them.

Worldwide he was recognized as an authority on what was called "miner's

disease" because of his first-hand knowledge and extensive research.

Dr. Hollywood was named to the Order of Canada in 2000 in recognition of his

contribution to health care on the Burin Peninsula. After Dr. Hollywood retired

as chief medical officer of the St. Lawrence Hospital in 1987, he and his wife

continued to live in St. Lawrence.

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

the life of Dr. Brian Hollywood. He will be sadly missed by the people on the

Burin Peninsula, and especially by the people of St. Lawrence and surrounding

area.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bonavista North.

MR. HARDING: Mr. Speaker, Newfoundlanders and Labradorians have long been

recognized for their generosity and unwavering support of those in need. Today I

rise to acknowledge the people of New-Wes-Valley, who have recently given us yet

another example of the benevolent nature that helps define us as a people.

The residents of New-Wes-Valley, like all areas of our Province, have from

time to time had to contend with sickness and injury affecting the children of

the community. In New-Wes-Valley, Terry Gill is an example of one of those

children. At the age of seventeen, Terry has already endured and persevered

through three heart transplants. Recently, due to medical complications, Terry

had to be rushed to Toronto for specialized care. This unforseen situation

created an obvious emotional stress for the family, a stress that was only

intensified by the serious financial burden associated with their travel to

Toronto. The people of New-Wes-Valley have always banded together to provide

support and assistance for Terry, and this past weekend they came through once

again.

Thanks to the efforts of Judy Stagg, the Newtown Firemen and Firettes, the

New-Wes-Valley Recreation Community and Rogers Cable, a telethon raised in

excess of $18,000. This money has been placed in a trust account at the

Wesleyville Branch of Scotia Bank. These funds will be disbursed by trustees as

the need arises and the telethon will now become an annual event.

Presently a number of children in the area find themselves, like Terry,

battling with serious illness. Thanks to the generous spirit of the community,

the families of these children, and the families of children in the future, will

have an additional means of support to assist them during trying times.

I want to commend all those involved in the organization and the operation of

the telethon. Most of all, thanks to the hundreds of people who made financial

contributions to the cause. Times may change, Mr. Speaker, but I am happy to

report that the spirit of generosity that helps define us as a people continues

to thrive in the communities of Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

I am pleased to rise today to congratulate all the participates of the sixth

annual Ronald Strugnell Memorial Dog Team Race, which took place on February 11,

in St. Lewis, Labrador.

The Ronald Strugnell Memorial Dog Team Race is an exciting winter event that

started six years ago to pay tribute to a past method of transportation on

Labrador's rocky coast. Mr. Strugnell had dogs himself and enjoyed travelling

by dog team. His son started the race shortly after Mr. Strugnell passed away in

1999. He did this to honour his dad's contribution to the sport.

Mr. Speaker, five teams participated in this year's race and each team had

six dogs pulling a sled carrying racers. The teams had to make their way through

a twenty kilometre trail around an island just outside the community of St.

Lewis. This year the event had entries from all the nearby communities of

Southern Labrador. First place went to Brendan Smith of Mary's Harbour with a

time of one hour and twenty-three minutes. Aubrey Russell of Mary's Harbour

placed second and Bill Russell of Port Hope Simpson came in third.

Later in the evening a concert was held at St. Lewis Academy where people

attended from throughout the region and members of the St. Lewis fitness group

performed skits and there were musical interludes by performers and musicians

from all the surrounding communities. It was a true celebration of culture and

talent.

I would like to ask all members in the House to congratulate the participants

in the sixth annual Ronald Strugnell Memorial Dog Team Race and also to commend

the Town of St. Lewis for keeping this traditional Labrador sport alive.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's West.

SOME HON. MEMBERS: Hear, hear!

MS S. OSBORNE: Thank you, Mr. Speaker.

On Monday I had the pleasure of attending the opening ceremonies of the

school Olympics at Cowan Heights Elementary. I would like to take this

opportunity to congratulate Mr. Fitzpatrick, the physical education teacher, and

the other teachers and staff, as well as the students on this impressive event.

A true Olympic atmosphere prevailed at the ceremony which included lighting of

the Olympic Flame, raising the flag, as well as some great entertainment

provided by the school choir and the Jump-Its, which are the accomplished school

rope jumpers.

The ceremony included as well, and perhaps of most importance, the reading of

the Olympic Creed and the Junior Olympic Pledge taken by all students, which

emphasized that it is not whether you win or lose but the fact that you

participated and gave it your best that really counts.

Mr. Speaker, I ask all members to join me in extending congratulations to all

at Cowan Heights Elementary for this most wonderful and timely event.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: Thank you, Mr. Speaker.

Mr. Speaker, it is truly an honour to rise today to acknowledge all the

athletes who will be taking

part in the Special Olympic Winter Games this

weekend in Carbonear. Chairperson, Wanda Butt, says this is the Special Olympics

athlete's key event of the year. The hometown Tri-Con Special Olympic Club

will be hosting this event for the first time. They will be visited by clubs

from St. John's, Bell Island, Mount Pearl, Fortune, Bonavista, Gander and

Exploits.

The competing Tri-Con's are: Tyler Oliver, Melanie Peach, Crystal Young,

Sandra Smith, Mary Ellen Murphy, Justin Murphy, Todd Lynch, Eleanor Hobbs,

Marsha Button, Chesley Clarke, Rodney Collins, Amanda Butt, Gordon Cooper, Shawn

Cooper, Shawn Dawson and Derek Gillard; supported by coaches Carmel Oliver,

Elizabeth Evely, Mary Butt and Rick Oliver.

I am sure that all of the hard work and training will pay off for all the

athletes as they compete, make friends, and most importantly, have fun.

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

congratulating our Special Olympians and their coaches as they excel in their

respective sports this weekend.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Labrador West.

MR. R. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to congratulate the Brad Gushue Curling Rink on

their remarkable achievements to date and wish them every success -

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: - in tomorrow's Gold Medal game.

I would also like to commend government for declaring schools closed

tomorrow.

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: I think that is a good move that will be welcomed by

students for a variety of reasons, I am sure.

Mr. Speaker, I am certain that I speak for every Newfoundlander and

Labradorian when I say how proud we are, not only of their curling skills, but

the manner in which they have conducted themselves and placed our Province at

the forefront -

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: - of the International Community. They are indeed the

greatest ambassadors we could possibly hope to have represent our Province and

our people.

Mr. Speaker, it gives me extra pleasure to read this statement today, given

the fact that both Mark Nichols and Mike Adam are from Labrador West and are

long time members of the Carol Curling Club.

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: Tomorrow, at the Carol Curling Club, people will gather

in front of a big screen TV to watch the game and to cheer on the Gushue rink.

We hear all the time, Mr. Speaker, about sports and how important it is, not

only to excel but to be a team member. I think Mike Adam is a shining example to

all young players and athletes of what it means to put your own self interests

behind and put your team's interest in the forefront.

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: Mr. Speaker, I ask all members, and indeed the entire

Province, to join me in wishing the Gushue Rink the best of luck in tomorrow's

game. It does not really matter what the score is, they are already Gold Medal

winners in our eyes.

Thank you.

SOME HON. MEMBERS: Hear, hear!

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

I rise today to remind hon. members of this House about an exciting upcoming

event, namely the 2006 Newfoundland and Labrador Winter Games in the Humber

Valley Region officially kicking off this Saturday, February 25, and which will

run until March 4.

As my colleagues are aware, the Games began in 1974 as a series of regional

competitions held in different locations in the Province. Held every second year

since, alternating winter and summer, the Games have now become the largest

multi-sport event staged for youth in the Province, bringing together young

athletes from eleven to eighteen years of age from all regions.

This year there will be a competition in thirteen sports involving over 150

teams. Over 1,500 athletes, coaches and managers are participating in the games,

including teams from St. Pierre and Miquelon who will be competing for the

fourth time.

The Humber Valley region has developed a excellent reputation for hosting

provincial, national and international sporting events and I am sure the 2006

Winter Games will be no exception. The host towns of Steady Brook, Pasadena and

Deer Lake, and over 1,000 volunteers, have worked hard to ensure that this will

be an outstanding event. I know MHAs, Tom Marshall and Kathy Goudie, are looking

forward to welcoming everyone to the Humber Valley districts.

The Games will also give the region an opportunity to showcase the incredible

winter sporting facilities in the area including Marble Mountain in Steady Brook

and the cross-country Ski and Nature Park in Pasadena.

As the minister responsible for sport and recreation, it will be my pleasure

to attend the Games and watch our athletes compete and celebrate their

successes. But the Games are more than about winning, they are about sport

development and the spirit of fair play. I know that numerous friendships will

be formed and our young people will leave with lasting memories.

Participation in the Games promotes the many benefits associated with

choosing a healthy and active lifestyle. During a time when physical activity

rates are down and obesity rates are up in this Province, these young athletes

are important role models for us all.

Many of our up-and-comers will go on to represent the Province at the

national and international levels. Some may one day be our next Olympians. In

fact, three present Olympians, namely Jamie Korab, Mike Adam and Mark Nichols,

competed in the 1998 Winter Games in Labrador City.

No doubt, the athletes participating in this year's winter games will feel

inspired tomorrow as they watch Team Gushue go for Gold at the Olympics in

Italy. What a great and proud moment in the sporting history of Newfoundland and

Labrador.

The members of Team Gushue, Brad Gushue, Mark Nichols, Jamie Korab, Mike

Adam, Russ Howard, and coach Toby McDonald, have proven that our athletes can

compete against the best in the world and, in actual fact, can be the best in

the world.

I invite all members of this hon. House to join with me in wishing the best

to Team Gushue in Italy tomorrow and also to all, perhaps, future Olympians in

the 2006 Newfoundland and Labrador Winter Games.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. ANDERSEN: Thank you, Mr. Speaker.

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

We, too, on this side of the House, want to congratulate the Winter Games and

certainly the volunteers who have put so much time into making these games a

reality. No doubt it is going to be a time when athletes get together, Mr.

Speaker, but most important of all for the young people of our Province who will

go out there and no doubt feel inspired to compete.

Mr. Speaker, we, too, want to congratulate the Brad Gushue Rink, and we are

also very proud in Labrador of two people who are on the team. As a matter of

fact, Mr. Speaker, I think one commentator, in speaking of Mark Nichols, said

that this young man could knock out four with one given blow, so we are quite

proud.

Mr. Speaker, we on this side of the House want to extend good wishes to all

the athletes in the Winter Games, and I am sure that our member, Eddie Joyce,

will be in attendance. We wish all the athletes the very best. Once again, to

the volunteers, congratulations on a job well done.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Labrador West.

MR. R. COLLINS: Thank you, Mr. Speaker.

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

We, too, Mr. Speaker, would like to wish all the athletes, coaches, and the

many volunteers a successful Winter Games on the West Coast of the Province, and

we are sure that they will be.

This is more than a gaming event, Mr. Speaker; it brings people together from

all regions of the Province and introduces people not only to people from other

regions but sometimes different cultures as well. Long after the games are over,

Mr. Speaker, many people may not remember who won gold, silver or bronze, but

all of them will remember the experience that they had at these games. I think

that is very remarkable and worthwhile, to keep these games going and to be as

successful as they have been in the past.

I would also like, Mr. Speaker, to take this opportunity to remind people of

the Province as well that from March 12 to March 18 the Labrador Winter Games

will be taking place in Happy Valley-Goose Bay, and that is a huge event for the

Labrador portion of the Province as well.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

MR. SPEAKER: The hon. the Member for Grand Bank.

SOME HON. MEMBERS: Hear, hear!

MS FOOTE: Mr. Speaker, back in 1987, when FPI was set up, the minister

then, who is also the current Minister of Fisheries, said the purpose was to

create an economically viable, efficient, highly competitive and modernized

company that would strengthen the Newfoundland fishing industry and its

contribution to the economy at large. The minister went on to say that ensuring

maximum employment stability was also a priority.

I ask the minister today: Why has this government allowed the company to

stray from its reason for existence, and what is the government's plan to get

this company back on track and doing the job it was created to do?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

I thank the hon. member for her question.

The goals and objectives that were set out in the FPI Act in the 1980s are

still valid and being pursued today by this government, as they were pursued in

the past by previous Administrations.

What are we doing today? Today, Mr. Speaker, we have facilitated a

face-to-face get-together between the officials of the company and the union

representing the employees of the company on the Burin Peninsula. They are face

to face as we speak, as far as I know. I know they were a little while ago, when

we left to come back to the Legislature. The details will be released, I assume,

at some point by the representatives of the company and the employees.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: A supplementary by the hon. the Member for Grand Bank.

MS FOOTE: Mr. Speaker, people on the Burin Peninsula are living in fear

while hoping for the best. While FPI continues to make a profit - maybe not

enough for its out-of-the-Province shareholders - the employees of FPI have no

idea what the future holds.

I ask the minister: In his consultations and discussions with the company,

does he know if the fish plant in Fortune will reopen, and what FPI's plans

are for the fish plants in Marystown and Burin?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

Mr. Speaker, as I have said just a few minutes ago, the representatives of

the union and the company are discussing matters related to the whole of the

company's operations, but in particular representatives of the Burin

Peninsula, all communities on the Burin Peninsula - Fortune, Marystown, Burin -

they are all in the room. I do not know what details have been supplied to them

yet, but I think, out of courtesy and fairness, it would be inappropriate for me

to list them right now. I am sure they will come out, and they will come out,

hopefully, in a timely manner so that the people on the Burin Peninsula in

particular, and the people in other comminutes - Bonavista, Port au Choix, and

other communities where FPI operate - can have some comfort that they do have a

future with this company, and this company will continue to remain a vital part

of the economic engine of rural Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Bank.

MS FOOTE: Mr. Speaker, I assume from the minister's answer that he

does, in fact, know what FPI's plans are for its company in the Province.

Given the fact that there is an FPI Act, and we came to the House earlier in

the year, or last fall, in fact, and, based on the fact that circumstances are

very different today with respect to the fishery industry and FPI than they were

years ago, I am asking the minister now: Will he assure the people of the

Province that these amendments will not be proclaimed and that the House will be

given every opportunity to repeal those amendments?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

Mr. Speaker, there is no reason at all to proclaim the amendments that were

made to the FPI Act in this Legislature last spring. They were predicated on an

income trust. I understand that the company has told anybody who wants to hear,

including the people they are meeting with today, that the income trust is no

longer an option for them, so therefore there will be no need to proclaim the

amendments that were made in this House. Of course, since the amendments will

not be proclaimed, they will not be part of the act, they will not be part of

the law, they will be as dead as last year's snow.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Bank.

MS FOOTE: Thank you, Mr. Speaker.

The government rejected an earlier call for an inquiry into the operations

and management of FPI, and I think we know that what has gone down with FPI has

not been palatable to very many people in the Province. The government has since

done an internal audit into FPI, but has yet to release the information to the

public even though the minister is on record as saying that audit is completed.

I ask the minister: Given what is happening with FPI, and what will likely

happen throughout the Province with respect to FPI, will the government now

agree to conduct a public inquiry into the operations and management of FPI, as

was requested by the Opposition last fall?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

Yes, Mr. Speaker, we did, in fact, have an outside audit firm do an audit of

two things for us on FPI, in terms of us doing our due diligence wherever the

company might be coming from as they finish up the internal review. One was

their groundfish operations, and that review has been completed and it is in the

hands of the government. We will use that review as we move down the road in

discussions with FPI, but certainly there are parts of that review that are

confidential in nature, that relate to their marketing in particular, and we

will share it with the people concerned but it would not be appropriate for us

to make that widely available. As a matter of fact, the union have agreed to do

the same thing: that they will be selective, if that is the right word, I

suppose, in terms of not doing anything to cause any further damage or harm to

the company.

In terms of a public inquiry, unless there is something more persuasive to

put before me or put before the House, we have not seen anything that would

justify a public inquiry.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. REID: Thank you, Mr. Speaker.

Mr. Speaker, two weeks ago the Premier and Bill Barry announced the plan to

reopen the fish plant in the Town of Harbour Breton. At the press conference the

Premier stated that Loyola Hearn, the Federal Minister of Fisheries and Oceans,

was supportive of the proposal. Shortly thereafter, Mr. Hearn said he hadn't

even seen a plan.

I ask the Premier: Why has the federal minister not been presented with a

plan? Does one even exist or was this just another attempt to place blame on

someone else for the failure of this government to deal with problems in rural

Newfoundland and Labrador?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker, and I thank the Leader of the

Opposition for the question.

No, Mr. Speaker, this is not an attempt by the Premier or anybody else in

this government to place blame on anybody. The attempt, Mr. Speaker, was to hold

out some hope and some optimism for a town in this Province that was having

great difficulty.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: The Premier did, in fact, speak to the Minister of Fisheries

and Oceans. A plan does, in fact, exist. The plan has been distributed to

people. People in Harbour Breton have seen the plan, members of the FFAW have

seen the plan, the government has seen the plan, so there is a plan for Harbour

Breton and we are going to do everything possible, Mr. Speaker, to make that

plan work.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: I find that rather funny, Mr. Speaker. He just listed off a

whole host of people who have seen the plan, but the most important person, I

guess, when you are looking for quotas, the Federal Minister of Fisheries, he

never mentioned his name. I guess he doesn't have the plan.

Mr. Speaker, the Premier stated that the negotiations with Bill Barry have

been moving forward secretly for the past fourteen months. At the same time the

IAS committee in Harbour Breton was conducting parallel negotiations with as

many as five companies to move into that community and reopen the plant. The

companies and the committee were blind sided with the government's

announcement of Mr. Barry.

I ask the Premier: Why did you not mention the other proposals, or why did

you not at least have the decency to examine these proposals, of the people who

were expressing an interest in opening the plant in Harbour Breton?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the IAS committee was informed over a year ago, within weeks of

the initial discussions being held with Mr. Barry. The Premier, in a meeting in

the Premier's boardroom, advised the IAS committee - and if I not mistaken the

MHA for the area was in the room at the time - that he was speaking with a

processor who had experience and operations in pelagics who was interested in

operating the plant in Harbour Breton. While the plan was contingent on getting

some quotas of herring, he was very interested in it. A member of the IAS

committee spoke up and said: If you are talking about an operator who does

pelagics who is interested in herring, then you have to be talking about Bill

Barry. It was not confirmed or denied, but the IAS committee was told at that

meeting that we were in negotiations with a processor.

Second to that, Mr. Speaker, Mr. Barry was in Harbour Breton in September,

had an informal meeting with the mayor of the community, who he informed that

the Premier had asked him to look at the plant in Harbour Breton. That meeting

was subsequently reported to the IAS committee, as well as to the town council.

So everybody knew what we were doing.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Mr. Speaker, in 2003 the Premier and the current ministers of

fisheries, both federally and provincially, recommended to the federal

government that a moratorium be placed on the commercial caplin fishery in this

Province. In 2004, the Premier was negotiating with Bill Barry to request 50,000

tons of quota of caplin for Harbour Breton, even though the entire quota for the

Province for 2004 was only 33,000 tons.

I ask the Premier: Why did you sign your name to the recommendation to the

federal government for no caplin fishery if you were not planning to follow

through on your own advice?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture; and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, a little bit of knowledge sometimes in the

wrong hands is a dangerous thing.

Part of what the hon. the Leader of the Opposition had to say, yes, is

correct. There was an all-party report commissioned and done by this House that

recommended that there be a caplin moratorium on stock in 2J+3KL and 4Rs, 3Pn.

That was the recommendation, and within days of that report being recommended

people in other political parties who were part of that recommendation,

particularly at the federal level, repudiated it and walked away from it.

Therefore, Mr. Speaker, the unanimity that came out of this House was not

accepted by other people in other forums, particularly at the federal level. So

that is what happened to that, Mr. Speaker.

At the present time, all the Barry plan said was offshore caplin. There are

other offshore caplin stocks not related to the ones we are talking about. Some

of the science on 4Rs, 3Pn I understand is very positive, but if it is not, than

science is what is going to dictate the answer to us supporting anything.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: I have no idea, Minister, what the federal response has to do

with the Premier's recommendation. So from that, I guess, you could follow

that if the federal Minister of Fisheries says there is no quota for Harbour

Breton the Premier is going to agree with him on that too, I guess, is he, and

change his mind.

Mr. Speaker, fourteen months ago FPI announced the closure of Harbour Breton

plant and the transfer of its traditional quotas to other areas. We have now

been led to believe that some of the fish that used to be processed in Harbour

Breton has ended up in China for processing.

I ask the Premier, rather than support quotas for the Barry Group of

Companies, why doesn't he support a community quota for Harbour Breton so that

the fish stays with that town and would not be transferred if an independent

businessman decided he wanted to do that in the future?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Again, Mr. Speaker, the Leader of the Opposition, as I said

in response to the first question, has been selective in the information and the

facts that he wants to share with the public on this particular issue.

We are doing just that, Mr. Speaker, in other species like 3NO Redfish, for

example. We did a similar situation out in Arnold's Cove. We will continue -

we will always be there, Mr. Speaker, to try to improve the lot of the people of

rural Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Now if the Opposition Leader doesn't like that, if his

party doesn't like it, then I am sorry, Mr. Speaker, we are standing with the

people of rural Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: What I say to the minister is that I do not support the

Province of Newfoundland and Labrador buying a quota for an individual who might

take that quota and transfer it out of the Province as he has done before. That

is what I do not appreciate.

Mr. Speaker, in June the Premier said that he was prepared to purchase quota

for the Town of Harbour Breton, similar to that which was done in Arnold's

Cove. I ask the Premier or the government: Are they entertaining an option of

buying a quota for Bill Barry?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, the Leader of the Opposition spits out Bill

Barry's name with such vengeance that it is almost like his name is a dirty

word in this Province. Mr. Speaker, Bill Barry and his company provide hundreds

and hundreds of jobs to people in rural Newfoundland and Labrador, thousands of

jobs -

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: - and if we could get them, Mr. Speaker, to do something

similar to that in terms of a fish processing facility, perhaps in terms of

aquaculture, perhaps in terms of mink farming on the Connaigre Peninsula in

Harbour Breton, and provide jobs for people in Harbour Breton, we will support

it every way we can, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

My questions today are for the Minister of Health and Community Services.

Recently government made an exception to the criteria for the placement of

kidney dialysis equipment in the Province and unfortunately, the exception

applied to only one hospital.

I ask the minister: Why did you not do the same for the residents of the

Burin Peninsula and of the Northern Peninsula and Southern Labrador who have

been asking for this equipment for some time now? I ask him if he will commit to

put the equipment in both the Burin and St. Anthony hospitals?

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

SOME HON. MEMBERS: Hear, hear!

MR. OTTENHEIMER: Thank you, Mr. Speaker.

The hon. member raises what is clearly a very important public health issue

in this Province. It is an issue that is debated on an annual basis. I can say

to the hon. member that we have had some pre-budgetary discussions. I know that

particular issue was raised during pre-budgetary consultation meetings with my

colleague, the Minister of Finance and President of Treasury Board. I can say to

the hon. member as well, that it is an issue that is very much a part of the

mix, if I could put it that way, Mr. Speaker, in terms of deliberations and

preparations for a new budget, which will be announced in this Chamber in the

next number of weeks.

In conclusion on that point, Mr. Speaker, the issue is not being neglected or

forgotten. It is very much a very important and serious public health policy

issue. The discussions amongst this particular caucus and this particular

Cabinet will continue leading up to the announcement in several weeks.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair on a

supplementary.

MS JONES: Last spring, Mr. Speaker, the MHA for Stephenville stood in the

House of Assembly here and she blurted out one day that the recommendations in

the Hay Group Report, as it pertained to the Stephenville hospital, would not be

implemented. Yet, the very services that were recommended to close in the Hay

Group Report have now, in essence, been closed in the Stephenville hospital

because the physicians are not there to provide the service. Mr. Speaker,

despite her commitment to the patients and to the people of that area, right now

the service is gone and they are being referred to Corner Brook for both

obstetrics and gynecology services.

I would like to ask the minister - in the absence of the member who failed to

meet her commitment - when are the services going to be restored to the

Stephenville hospital and what is being done to ensure that the patients are

able to access those services as soon as possible where they live in

Stephenville?

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

SOME HON. MEMBERS: Hear, hear!

MR. OTTENHEIMER: Mr. Speaker, the issues of recruitment and retention are

not new. Every single health board, every single health authority in this

Province, on a continual basis, will have as one of its main priority issues,

the issue of the recruitment and retention of general practitioners,

particularly specialists, obviously, throughout our hospitals and health care

clinics throughout the Province.

I should add, Mr. Speaker, that this situation is not unique to Newfoundland

and Labrador. There are jurisdictions throughout the entire country, and there

are boards and health care authorities throughout the entire country who have

identified as their particular priority issue, the issue of recruitment and

retention of physicians.

Mr. Speaker, I can assure the hon. member that Western Health, and indeed

every health care authority in this Province, will continue to do what it must

do on this very important issue.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Mr. Speaker, I am not overly concerned about what is being done

in other parts of the country, but I am concerned about what is happening on the

West Coast of this Province right now. I will tell the minister what is being

done in this country, province by province: Alzheimer's patients have their

drugs covered under a drug program.

Tuesday, the government announced nearly $2 billion towards the Teachers'

Pension Plan; yet, we know there are patients out there today in our Province

suffering from Alzheimer's, suffering from Multiple Sclerosis, who do not have

the ability to pay for the medications that they need.

I ask the minister, finally: Will you commit to pay for the drugs for those

patients so that they can have some quality of life?

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

SOME HON. MEMBERS: Hear, hear!

MR. OTTENHEIMER: Thank you, Mr. Speaker.

Again, the hon. member knows the process, as she is a former minister, a

former parliamentary secretary, in fact, in the department that I now represent.

She knows the process. She knows the time of year; we are towards the end of

February. She knows that March will be the month when the Budget is going to be

delivered in this hon. House by my colleague.

Mr. Speaker, every year - and this government is not alone; I am sure when

members opposite formed the government - every year, based on medical

documentation and the best medical evidence that is available, decisions will be

made with respect to the appropriate coverage for drugs for consumers in the

Province.

Last year, we had some very good news for patients suffering with arthritis.

We had some very good news, Mr. Speaker, for patients suffering from different

forms of cancer. This year, an analysis will be competed, and this year

decisions will be made on a variety of drugs to be included in the formulary for

the benefit of the people of this Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. HARRIS: Thank you, Mr. Speaker.

My question is for the Minister of Finance, and it concerns the $2 billion

Atlantic Accord money received by the Province.

Mr. Speaker, earlier this week, the people of the Province were astonished to

learn that the government proposed to spend $1.93 billion on outstanding

teachers' liability when people in this Province are suffering the highest

poverty rate in the country, the highest level of use of food banks, 80 per cent

of whom are welfare recipients, one-third of whom are children. We have more

than one-third of the people of the Province with no access to any prescription

drug plan, and this government seems to be willing to spend almost all that

money on one issue. Where is the balance here? Where is the fairness to the

people of this Province who have needs - crying for attention from the

government - that are not being addressed?

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

Over the last two months, I have met with the heads of every single major

union in this Province regarding unfunded liability in all their pension plans.

I have had meetings back since November with all unions. We have had

negotiations with teachers. We know what is needed to correct the plan. There is

a $4.4 billion deficit. If we could correct that to a tune, the majority of that

to put it on a level footing, even $2 billion - and we have not indicated $2

billion is going in. He does not understand that the Budget framework has

already spent - $541 million has been built into the framework. We have eight

years' money up front, that three years is spent, but the $2 billion that he

mentioned, based on the rate of return that we are getting, would free up $150

million a year, more money to use for roads, for health care, for drugs, and for

everything in our Province. That is what we are doing.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: All the major public sector unions know the discussions

went on. They know what we are looking at doing. We are trying to solidify the

future economic viability of our Province and, while doing so, put more money

into (inaudible) of our Province.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

MR. HARRIS: Essentially, Mr. Speaker, the minister uses the Auditor

General when it suits him, but the Auditor General says, if they use the $2

billion that we had for unfunded liability, we would actually have a savings of

interest of $90 million a year. I do not know where he is getting the other $160

million. We know, Mr. Speaker, this is a long-term problem that was created and

requires some long-term solutions. The money that is being saved, Mr. Speaker -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. HARRIS: Mr. Speaker, I want to know: When can the hungry children of

this Province, the people who are financially crippled by drug costs, who have

no access to a plan, the people who are in need of housing, when are they going

to get some relief from this government who are obviously interested in pleasing

the bankers and obviously interested in pleasing the accountants? What about the

people of this Province who are in great need, Mr. Speaker? When will they get

some relief?

SOME HON. MEMBERS: Hear, hear!

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

The difference between what is being obtained in our pension plans at an

average rate since 1981 of 10.72 per cent, and the cost we are getting sitting

in a bank of over 3 per cent, the difference is 7.5 per cent. Multiply that by

$2 billion; it is $150 million more dollars into our Province.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Had we put it in, in July, we would have had $240 million

between July and right now, more, by putting it in at this point. That is money

we have. I say to the member, that is money to deal with people who need drugs.

That is to deal with people who need infrastructure, who need hospitals and

schools and roads and all other public services in our Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for Port de Grave.

MR. BUTLER: Mr. Speaker, last summer, during a by-election in the

District of Exploits, the Premier stepped forward and intervened in the closure

of a school in Bishop's Falls. There are now two similar situations taking

place in Corner Brook and Eastport.

I ask the Premier: How can you justify interfering in one school board

decision for political reasons while ignoring similar issues and concerns being

presented by parents and students in these other communities?

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. HEDDERSON: In response to the hon. member's question, I certainly

would point out that the school boards of this Province look after the running

of the operations of a school and we leave it up to the school boards to make

those decisions.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: I can assure you, Mr. Speaker, they did not leave it up to

the school board in Exploits. That answer is almost as dead as last year's

snow, like the former Deputy Premier just said.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. BUTLER: Mr. Speaker, last fall, the Minister of Education told the

Eastern School District to shred the multi-year plan that was presented by a

consultant. At that time, the minister promised extensive consultation before

any decisions would be made. Last month, these consultations took place and I

can certainly tell the minister they were far from extensive. The board is now

expected to have a draft plan in place by March 1.

I ask the minister: Will there be any real consultations before this plan is

implemented?

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Mr. Speaker, again, the school board arranged for

consultations to take place with regard to the restructuring plan for the

Eastern Board, which I assume the member is referring to. Those consultations

have taken place. It has gone back now for deliberations around the school board

table. They will deliberate. I look forward to them releasing where they are

going, and we will have to wait for that process to unfold. It is as simple as

that.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: There are no guarantees, Mr. Speaker, no guarantees.

Mr. Speaker, parents in the Eastern School District are saying the decisions

to close and reorganize schools are being rushed without the proper level of

input from parents and students. Most decisions are expected to be implemented

by September, leaving very little time for students, parents and teachers to

prepare for the major changes that are about to take place.

I ask the minister: Why is government rushing this process, especially when

the minister herself said the recommendations should be shredded?

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Again, Mr. Speaker, the school boards have undertaken a

process to do due deliberation with regard to the restructuring plan. They are

in the midst of that right now. We await their decision, and we will go from

there.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, teacher stress has certainly been a big issue in

recent months, especially after witnessing the heavy-handed approach in the

suspension of two teachers for raising concerns about conditions in the

classroom. At the time, instead of making a stand against this action, the

minister washed her hands and said it was a decision of the board.

I ask the minister: To ensure that this never happens again, will government

consider bringing forth some form of whistle-blower legislation that will

protect employees, such as teachers, from being intimidated into silence?

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Mr. Speaker, quite simply, the board has put a process

into place with the NLTA. They are working together with protocols and ways that

they can certainly address any difficulties in communication between schools

boards and the NLTA, the teachers. We certainly applaud those efforts and await,

again, the results of those consultations and the process.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

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

MR. LANGDON: Thank you, Mr. Speaker.

My questions are for the Minister of Municipal Affairs. I previously asked

the minister to update us on the Stephenville flood, and today I want to follow

up with additional questions.

Mr. Speaker, the affected residents of Stephenville have been in limbo for

months, staying in rented accommodations or with family and friends. There is a

real concern about the length of time and lack of information regarding the

proposed plan for those affected by the flood. I ask the minister if he can be

definitive as to when those affected will be able to move into permanent

residence?

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

SOME HON. MEMBERS: Hear, hear!

MR. J. BYRNE: Thank you, Mr. Speaker.

Mr. Speaker, there has been a lot of action going on behind the scenes with

respect to this file. Only a few weeks ago, I was in Stephenville. Myself, and

the member for the area, and the Minister of Education, met with the town, the

mayor, the engineers, and we said at that point in time we would hopefully have

some definitive answers for the victims of the flood in the not-too-distant

future, hopefully by the end of February. I am planning to make a trip to

Stephenville next week to meet with those individuals, to hopefully give the

people in the area some comfort to know what is going to happen in the

not-too-distant future.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time allotted for Question Period has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

Notices of Motion

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

MR. E. BYRNE: Thank you, Mr. Speaker.

I think everyone is aware of the primary purpose of being here today. Just in

a few moments, as we get through the Order Paper, I will give notice to

introduce Bill 73,

An Act To Amend The Fishing Industry Collective Bargaining

Act.

MR. SPEAKER: Further notices of motions?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

It is a pleasure for me to rise in the House of Assembly today to present a

petition on behalf of residents in my district. Mr. Speaker, I want to read the

prayer of this petition. It says:

WHEREAS the provincial government's Budget for 2006-07 is to be announced

within the next month; and

WHEREAS the Labrador Grenfell Regional Health Authority at Curtis Memorial

Hospital in St. Anthony currently performs surgical procedures for the residents

of Northern Newfoundland and Southern Labrador; and

WHEREAS Curtis Memorial does not have a kidney dialysis unit, nor trained

staff to operate any such equipment; and

WHEREAS this dialysis unit with trained staff provides patients with a

dialysis service within reasonable travel distance at reasonable costs; and

WHEREAS complications occur post-surgery requiring dialysis;

WHEREFORE

BE IT RESOLVED that the petitioners request that the Government of

Newfoundland and Labrador provide funds to the Labrador Grenfell Regional Health

Authority for the purchase of a kidney dialysis unit to be located at Curtis

Memorial in St. Anthony and funding be provided to train and retrain

professionals in the operation of this equipment.

Mr. Speaker, I wanted to read the prayer of this petition because this is a

petition that was circulated by a seventy-four-year-old gentleman in my district

by the name of Pat Cabot in West St. Modeste. He felt so strongly about this

issue, that not only did he start a petition and a letter, but he went out and

got 850 signatures in that area to endorse and support what he was doing. At the

age of seventy-four, Mr. Speaker, I have to acknowledge that, because that is a

remarkable initiative to have been taken on by this gentleman.

Now, Mr. Speaker, St. Anthony is not unlike Goose Bay or any other hospital

in this Province. There are surgical procedures being performed there on a daily

basis, and at any particular time something could go wrong, and we saw an

incident like that. Someone who was close to me, an individual from my district,

a very young man with a young family, in the past few weeks was in a situation

where surgery went wrong and there was no dialysis equipment in that hospital.

If it was there, Mr. Speaker, maybe he would be alive today; we do not know

that. Maybe he would be, but it was not there and that was not an option.

In addition to that, Mr. Speaker, I have spoken with residents in my own

district, in places like St. Lunaire-Griquet, who have family members right now

who are on both renal and homo-dialysis units in their own homes, and, Mr.

Speaker, they need to be ensured that those services are going to be provided by

the St. Anthony Hospital when they need it at times like this.

Now, Mr. Speaker, they also tell me that in that particular region there are

about probably twelve people who require the service right now. While they are

not all living there, a lot of them had to move to other parts of the Province

to be able to get the service. In my opinion, I do not think the numbers should

constitute whether the equipment goes there or not, and I believe that

government feels the same way. That was evident in their actions only a week ago

when they made the decision to put the equipment in Goose Bay. I can only

impress upon the minister, like Mr. Cabot has impressed upon me with his

petition and his efforts, that this is such an essential, important piece of

equipment to the residents of that area and I can only ask that he look at

putting a kidney dialysis unit -

MR. SPEAKER: Order, please!

The member's allotted time has expired.

Further petitions?

Orders of the Day.

Orders of the Day

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

MR. E. BYRNE: Thank you, Mr. Speaker.

I believe I gave the appropriate notice for Bill 73, so I think by leave, by

prior consensus between the Opposition House Leader, myself and the Leader of

the NDP, I do now move first reading of Bill 73.

MR. SPEAKER: Order, please!

Throughout the afternoon sitting there will be a number of leaves required

for this bill to proceed. The Chair will operate on the assumption that leave

has been agreed to by the members, unless some member should stand and say

otherwise.

It is moved and seconded that the Hon. the Minister of Human Resources,

Labour and Employment shall have leave to introduce a bill entitled,

An Act to

Amend The Fishing Industry Collective Bargaining Act. (Bill 73)

Is it the pleasure of the House that the Hon. the Minister of Tourism,

Culture and Recreation shall have leave to introduce said bill?

All those in favour, aye'.

MR. E. BYRNE: Human Resources and Labour.

MR. SPEAKER: I am sorry. The Chair apologizes. He has listed the wrong

title to the minister.

MR. SULLIVAN: It used to be.

MR. SPEAKER: It used to be. It is the hon. the Minister of Human

Resources, Labour and Employment, and Labrador Affairs. The Chair apologizes.

Is it the pleasure of the House that the hon. the minister shall have leave

to introduce Bill 73?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

Motion, the Minister of Human Resources, Labour and Employment to introduce a

bill, "An Act To Amend The Fishing Industry Collective Bargaining

Act," carried. (Bill 73)

MR. SPEAKER: It is moved and seconded that the said bill be now read a

first time. Is it the pleasure of the House that the said bill be now read a

first time?

All those in favour, aye.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Amend The Fishing Industry Collective Bargaining

Act. (Bill 73)

MR. SPEAKER: Bill 73,

An Act To Amend The Fishing Industry Collective

Bargaining Act, has now been read a first time. When shall the said bill be read

a second time? Now?

MR. E. BYRNE: Now, Mr. Speaker.

MR. SPEAKER: Now.

On motion, Bill 73 read a first time, ordered read a second time presently,

by leave.

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

MR. E. BYRNE: Thank you, Mr. Speaker.

I move second reading of Bill 73,

An Act To Amend The Fishing Industry

Collective Bargaining Act.

MR. SPEAKER: It is moved and seconded that Bill 73,

An Act To Amend The

Fishing Industry Collective Bargaining Act, be now read a second time.

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

Collective Bargaining Act." (Bill 73)

MR. SPEAKER: The hon. the Minister of Human Resources, Labour and

Employment.

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

Mr. Speaker, it is indeed a pleasure to stand today on this occasion. First

of all, to say right off the top, to thank all members on both sides of the

House for coming to the House of Assembly today for this very special bill, Bill

73,

An Act To Amend The Fishing Industry Collective Bargaining Act.

Mr. Speaker, of course when debates go in this House, and being here for

twelve years now, I do not guess there is another issue that is talked about

more than the fishery. It started 500 years ago and as I look at the amendments

to the act, I think - if I remember the numbers correctly - since the early

1970s, early 1970-1971, there has been some seven, or maybe eight, amendments to

this particular act. So, the debate goes on in Newfoundland and Labrador. I

guess for the next 500 years we will see more debates on the fishery because it

is the reason we are here. It is our mainstay. It is the reason we came here in

the first place and the reason for a lot of rural Newfoundland and Labrador.

Mr. Speaker, I am here today to introduce this very important piece of

legislation and to deal with the collective bargaining from the Cashin report.

Of course, we know, we all understand that there are many challenges in the

fishery, that this is just one part of the Cashin report that we all feel, and

certainly Mr. Cashin did, that it was critical and essential that we move on

strengthening the Collective Bargaining Act.

Mr. Speaker, we also know, combined with all of the challenges that are in

the fishery, that it is going to take a lot of co-operation and leadership by

everybody involved to move beyond some of the challenges that we face, and they

are huge challenges, aside from this particular bill here today, on the markets,

the Canadian dollar, and we will go on with a list of challenges that face us in

the fishing industry today.

Mr. Speaker, the timing for this particular amendment, and while we are

sitting here today in the House, an early session of the House, with the

co-operation of all people in here - and I think that bodes well for what we are

asking of the industry as a whole - is that the people in this Legislature, the

elected officials, have a chance to come here today knowing - the reason for the

timing is as simple as this, Mr. Speaker, is because of natural conditions of a

season of fishery. That is what it is all about. The fact of the matter is, that

we have a seasonal fishery that we want to get started on time. As you go

through Mr. Cashin's report it is repeated over and over again. Of course, it

has been repeated many times in this particular Legislature by many of us who

understand that every spring we find crises after crises with the startup of the

fishery and it has been a problem, and not just a problem here locally. We all

understand it is a double market that we deal with and that the timely opening

of a fishery is critical and essential if this industry in this Province is

going to improve and move forward. Mr. Speaker, moving forward and timing is

very important.

As a government, we have made a commitment to act in a timely manner. We did

that. The Premier did it. The Minister of Fisheries did it back in early

discussions last year, Mr. Speaker, that it was important and critical that we

move forward in a timely manner so that the fishery could start on time.

As I mentioned, Mr. Speaker, the challenges go on and on; the Canadian

dollar, the declining resource, including weak markets and so on. Those are the

challenges that we will have to take on one by one, but we all agree that this

particular strengthening of the collective bargaining act for fisheries, Mr.

Speaker, is critical to move on to those other steps. I am pleased that today -

again, I thank all members in this House for coming here today to deal with this

specific amendment to the act.

Mr. Cashin - Mr. Speaker, I take one quote. You can take a lot of quotes from

Mr. Cashin's report, but there is one I guess that sticks out, especially when

it comes to collective bargaining. I will quote: "...a system that does not

force timely settlements to enable early starts to the season is a recipe for

disaster for the rural economy" - of Newfoundland and Labrador.

Mr. Speaker, we have had that debate over and over for many years, for many

different reasons, where the fishery could not open on time, including last year

and years before that. Mr. Speaker, some people describe it as the good, the bad

and the ugly. There are always different aspects of the fishery. We have seen

some very hotly contested, controversial issues facing the fishery in the past,

and I would assume, Mr. Speaker, that down the road there will be more again,

but our idea today is on co-operation and leadership and to move forward.

Mr. Cashin noted that the existing legislation is completely inadequate to

ensure a timely start to the most critical fisheries of this Province. Above all

else is the one situation that must be fixed, he wrote, and fixed quickly. It is

as simple as this: A more orderly system of bargaining, he advised, is the

answer for both parties.

Mr. Speaker, I am just going to draw some attention - of course, there are

twenty-seven amendments overall, but there are some amendments with the

collective bargaining that were discussed, and consultations with the

industries, all stakeholders, for quite some time. Beginning back last January

with the Labour Relations Board, and of course before that, there had been

discussions ongoing about the collective bargaining and strengthening it from

both sides. Those discussions have been there for a long time. For the most

part, a lot of these amendments deal with exactly that, strengthening or

bringing up-to-date the Fishing Industry Collective Bargaining Act. I think

those discussions have been ongoing, and a lot of these that have been asked for

have been certainly suggested by both parties and now a lot of them want to move

forward with it.

Mr. Speaker, the one that stands out and the one that is newest and is

getting the most attention is the Panel. What I will do is try to deal with the

specific amendments, just to touch on them. My colleagues will have a lot more

debate going on here today and I look forward to that, and probably some

technical points and, I understand, some amendments also. We will deal with all

of those as they come to the House here today, Mr. Speaker. The panel I will

leave until last, Mr. Speaker, but basically there are six other specific ones

that we will try to just touch on, and I am sure we have some more discussion

here today.

One is, of course the grievance arbitration process will be improved.

Number two, the right to strike or lock out has been replaced with binding

arbitration. Fines and penalties have been increased to deal with organized work

stoppages. Mr. Speaker, these are brought into line now with the Labour

Relations Act, the same type of penalties.

Fish processor organizations can be accredited by the Labour Relations Board

on the basis of a single species. That is very important, Mr. Speaker. I am just

touching on some of the main amendments here now. The collective agreements

reached with processors who process a majority percentage of fish species will

once again be binding on all processors who process that fish species.

Mr. Speaker, number five is, a process organization will be allowed to

recover negotiation costs from all processors who process that species of fish

and who are governed by the resulting collective agreement.

Mr. Speaker, these are all that will strengthen the collective agreement and,

of course, bring it up to date with the Labour Relations Act of the day.

The Panel, as I said earlier, is the most significant part of this amendment.

It is new, it is something Mr. Cashin had recommended, Mr. Speaker. I will just

go briefly down some of the points of the Fish Price-Setting Panel. The Panel

will provide the basis for a timely start for the fishery each year. However,

the panel will not take away from the ability of the parties to negotiate their

own collective agreements. I think that is very important, Mr. Speaker. The key

to the panel's mandate is to act as an arbitration panel and to set fish

prices as well as conditions of sale. This is only when - and I repeat again,

this is only when - the parties involved in negotiations are unwilling or unable

to agree; this panel will make final and binding decisions. Now, Mr. Speaker,

that is something that I guess, in the whole essence of this whole debate, is

about a decision that is final and binding, that, in fact, leads us to a

start-up of the season on time. This will guarantee that the binding collective

agreements will be in place no later than three days before the normal scheduled

opening date of the fishery.

Mr. Speaker, the panel members will be appointed as soon as possible. This

body will be composed of three persons appointed by government. We will be

seeking input from the FFAW and ASP on the panel appointments. As a matter of

fact, Mr. Speaker, a letter has been already spent. As a matter of fact, Mr.

Speaker, a letter has already gone to the parties involved to ask just that.

Mr. Speaker, also, government will provide operating funding for the panel.

The Department of Fisheries and Aquaculture will also provide staffing support

in the year of market intelligence on an as-needed basis.

Mr. Speaker, as the debate continues on this, and I guess this is, as I said,

the most important part and the newest of the amendments, this is very important

that we move forward. As we look at the debate that is ongoing and away from the

specifics of the legislation, continuously through the report - I think this has

been repeated a number of times; I guess we can still repeat it - as I said

earlier today, us here in the Legislature today to try to co-operate and move

forward showing leadership in this industry. That has been a problem and it has

been noted many times throughout the report that if this industry can start on

time, that is a beginning. The challenges that we face, as I mentioned earlier,

are challenges we have to take on, but I believe that the feedback we have been

getting from all stakeholders is that at least we have something now to start to

work with.

The importance of this to rural Newfoundland and Labrador, I mean, how much

could you say? We know very well, especially from Members of this House of

Assembly and all members, how important the fishery is to rural Newfoundland and

Labrador, Mr. Speaker, and to know that we can have a start-up date and we know

that the fishery will start on time, with a price set, I think, will bode good

news for a lot of parts of rural Newfoundland and Labrador.

Mr. Speaker, I really would like, at this time, too, to thank the many

officials, because of the timing of all of this, from the release of the report

in December to the work that has been done by - and I know members on all sides

of the House know the work done by the officials in the labour agency and also

from the minister's Department of Fishery and Aquaculture. The work that those

officials have done to bring this together to try to have it ready for us in

this Legislature is not an easy task, by any means. There is a lot of time gone

into it, a lot of considerations, and, of course, the Department of Justice and

so on.

Mr. Speaker, I just want to introduce it so we can get some debate going here

today, certainly some questions, I understand some amendments and so on, so I am

looking forward to my colleagues, what they have to say here today, and I am

looking forward to the debate.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

I rise today to speak to Bill 73,

An Act To Amend The Fishing Industry

Collective Bargaining Act, a very important piece of legislation, not one that

we have not discussed here in this House of Assembly before.

I remember sitting across the floor, in the position of Minister of

Fisheries, back some four years ago, and the then critic - my critic was the

member who represents The Straits & White Bay North. Every single day in the

House of Assembly he used to jump up and say we did not have a plan but he had

one. Shortly after that he became the minister and he implemented his plan, the

first of three, actually, Mr. Speaker, because today we are going to go through

the third plan of this government, the government that has not been in power yet

three years.

The first plan that the Member for The Straits & White Bay North came up

with shortly after being put into the Ministry of Fisheries back in 2003 was the

auction system. Again, he did this one arbitrarily and unilaterally without ever

going out and discussing it with anyone in the industry, and brought in a piece

of legislation that kept us here, I think, very late into the night on a number

of occasions back in either the fall of 2003 or the winter of 2004. In fact, I

think we pretty well had an all-night sitting where he was trying to push

through a piece of legislation for an auction system, only to find out that no

one in the industry - processors nor fishermen, or fish harvesters - wanted it.

He did that against the wishes of pretty well everyone concerned, and pushed it

through late at night, only to find out shortly thereafter that his plan did not

work and he had to scrap that one.

We all know, Mr. Speaker, what happened almost a year ago to the day when the

minister, the Member for The Straits & White Bay North, came forward with

his second plan, because his first one did not work. Even though when he sat in

Opposition he said he had a plan - I think he had a few, actually - he never

thought them through very well, but the one last year was probably the worst

plan that we ever saw a government put forward on the backs of the fishing

industry in this Province.

As my colleague, the Minister of Human Resources, Labour and Employment,

said, the fishing industry, to me at least, is the most important industry in

our Province, not just from a financial perspective but also from the number of

people that it employs and the effect that it has had not only on our economy

but on our culture in the past 500 years that we have been here.

We all remember the drastic mistake that the previous Minister of Fisheries

made last year. Without any consultation with anybody, he brought in what was

probably the most disastrous plan I have ever seen or heard of; that is the raw

materials sharing plan.

To make matters worse, the Premier and the Minister of Fisheries had been out

months before that saying that any new changes to the Department of Fisheries,

or any new changes in the fishing industry, would only take place with extensive

consultation between the government and the fish harvesters in the Province, and

the government and the fish processors. Well, I think that they did some

consultation with the fish processors but he forgot, or deliberately omitted,

speaking with the fish harvesters. What he did was try to implement a program

that would have seen complete control of the fishing industry lie in the hands

of the processors, who are commonly known in the Province as the wealthy fish

merchants.

Mr. Speaker, we saw the fallout of that. We had a strike for practically two

months. We saw a late start to the fishing industry and we also saw that, at the

end of the day, the Premier somewhat capitulating in saying that we will do this

for this season. We will appoint Mr. Richard Cashin, a former President of the

FFAW, to come in and do an examination of the RMS and make recommendations to

government and that they would live by the recommendations in the Cashin report.

We will talk about that later, whether or not all the recommendations in the

Cashin report have been adhered to, because some of my colleagues beg to differ,

and we will be presenting amendments later in the afternoon.

As I said earlier, he brought in a disastrous plan that had some devastating

impacts and affects on most of the fish harvesters and the plant workers in the

Province last year. I know in my district it was absolutely catastrophic last

year because the fishery did not start until early June. When the fishermen and

fisherwomen in my district took to the water, what they found almost immediately

was the presence of softshell crab and as a result, few, if any of them, managed

to catch their entire quotas last year. In fact, many fishermen and fisherwomen

in my district did not get any of their crab and, as a result of that, have been

forced to leave the Province; while others who have remained find themselves in

dire financial shape through the winter and up until now.

So, Mr. Speaker, because of these failed plans we are here again today

discussing another plan for the operation of the fishery. I call it the Cashin

plan because it was based on recommendations put forward by Richard Cashin, I

think in the fall of this past year, and that is the essence of the report that

we are here discussing today and the changes that are needed to the legislation

in order for this plan to work.

I only hope, Mr. Speaker, that the current Minister of Fisheries - I

understand that he is a bit more open to conversations with the fish harvesters

in the Province than was his predecessor, the Member for The Straits & White

Bay North. I certainly hope, for all of our sakes, especially for those who are

involved in the fishing industry, that this plan works and that we have an early

start to the fishing season and that we have some semblance of sanity in that

industry so that those who are affected by it and work in it have a very

profitable year, even though from the scientific advice that we are seeing on

the state of the crab stocks and the Canadian dollar, that might not even be the

case if everything else goes well, but I really do hope that this plan works.

We have not had a lot of opportunity to look at this piece of legislation. We

were told, I think on the weekend, that is was coming to the floor of the House

on Wednesday. We got the legislation late Monday afternoon. We did not get a

briefing on it until yesterday afternoon. I have not had the opportunity to

discuss the legislation and the plan with a lot of fishermen or fisherwomen in

the Province. I have had a discussion with some. I have had a number of

discussions with the President of the FFAW, Mr. Earl McCurdy, and he assures me

that what the guts of this plan is, he can certainly accept. He is saying to me

that the recommendation would be to approve the plan.

I have talked to some processors who have problems with it, some of the

smaller processors, because they do not agree with the fact that as little as

three or four of them can be the bargaining agent for all processors in the

Province simply by the formula that the minister is using to calculate who

becomes the bargaining agent - and that being that if any group of processors

who process fifty plus 1 percent of the crab, for example, last year will be the

bargaining agent for the processors. The smaller processors feel that they are

being left out of this process and that they do not carry as much weight as some

of the larger processors, and at the end of the day, they feel that they may be

ill-treated. I will bring forward an amendment later when we go into committee

to deal with that.

I have talked to some of the processors. As I said, some of them have

problems, others do not. I have talked to the President of the FFAW. He says

that his organization fully supports this bill. So we will have to wait and see

if it does indeed work.

Mr. Speaker, another one of the problems that both the fishermen that I spoke

to and some of the processors have is the fact that this committee is going to

be appointed by government. Now the fishermen have a problem with this because

they have a lack of trust in the individuals who are appointing the panel, and

that being the government opposite, because the fish harvesters in the Province

saw what happened to them last year. They were promised consultations with the

government before any raw material sharing program came in and that promise was

never kept and it was forced upon them from the top down. As a result, some of

them experienced very severe hardships last year. As a result of that, when they

hear that the government is appointing this committee, then I can see why they

sort of have reason to worry because this panel will make the decisions of when

the fishery will open. At the end of the day, they could make the decision when

it will open, how much they are going to get paid for their product or their

fish and the conditions of sale of their products. So, coming from a government

that tried to force RMS upon them, they have some skepticism over the fact that

this panel will be independent.

I have talked to processors who feel the same way. They do not believe, for

example, that the government should have the right to appoint a panel to make

these very major decisions affecting an industry, what they consider to be a

private industry in terms of - in capitalism where you know the price usually

rules the day and things like that. They are saying they do not think that the

government should be interfering in the fishing industry to the extent that they

are not in other industries, to the point where they can even tell you how much

they are going to pay for your product, how much basically you are going to get

and when and where they can fish.

So, there are a number of problems that both sides, the harvesters and the

processors, have expressed to me. We will talk about those later, but, for the

most part, what I will be doing is presenting an amendment later in the

afternoon when we go into second reading, pertaining to who should be the

official bargaining agent for processors.

With that, Mr. Speaker, I will sit down and give somebody else an opportunity

to speak to this bill.

Thank you.

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

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate the opportunity to have a few words in second reading here

regarding this Bill 73. As the Leader said, the Member for Twillingate &

Fogo, there are some particular items that I will be addressing later, but also

I would like to bring it to the attention of the minister at this time, rather

than find ourselves in a situation where we might get into committee stage and

raise these issues which might cause some technical difficulties or slow things

down. I will, in the course of my general comments, just make brief reference to

these issues as well and probably give some background as to why we feel it is a

source of concern.

We received this legislation a couple of days ago. We have had an opportunity

- we were briefed by the Deputy Minister of Fisheries and representatives of the

Department of Labour to explain what the piece of legislation was about and the

technical details of it. We appreciate the fact that we did indeed, ultimately,

get the briefing. Some minor difficulties getting around to it but, anyway, it

did take place.

There has been some feedback from people. I have had some calls from members

of the FFAW, in fact, persons who are in prominent positions within the FFAW,

who have some concerns, and I have also had calls from processors who have some

concerns with this piece of legislation.

Now, I think it is fair to say that, generally speaking, and on a balance,

the FFAW, who is going to be one of the parties that is going to be subject to

this legislation, are in agreement with the meat and substance of this piece of

legislation. I think it is fair to say, on balance, from the processors, at

least from the members of the ASP group, that they are in favour of this piece

of legislation. I do not think anybody would deny that government has an

obligation, in view of what has happened in the past, to try to bring some

stability to the fishing industry. It is a billion dollar-plus industry to this

Province. Multitudes of people are employed in it, and we have to get some kind

of stability.

Nobody is opposed, I do not believe, to what the government is trying to

accomplish by bringing in this piece of legislation. I do not believe it is the

position of an Opposition just to criticize and oppose for the sake of

opposition. I think any Opposition that you bring forward should have a rational

basis why you oppose it, but I do believe we, as an Opposition, regardless of

the fact that the two principal parties - namely the FFAW and the ASP group -

may be in favour of the legislation, that does not detract from, I believe, our

obligation, as an Opposition, to point out what some people feel are

deficiencies with this piece of legislation, and to make suggestions that would,

I would submit, improve it.

That is the tenor of where this member is coming from. It is not the purpose

to oppose the general purpose of what the government is trying to accomplish

here, but to make a couple of suggestions that it is not the panacea for

everything, and I do not believe anybody thought it would be. I suggest and

think and submit that we are going to back here, probably, in this very House,

within twelve months to tinker some more with this, and that is a process. That

is what happens when you bring in a law. You do not always think of every

circumstance when you draft it, in the first instance, and through experience

you find out that we have to come back here to fix it again. So, I think nobody

is under the assumption that this is going to be the be-all and end-all, the

final, absolute solution to resolving the ills in the fishing industry, but it

is a step that somebody has to take, and obviously it is incumbent upon

government to take it, but there are some concerns.

What this bill does, as I understand it, under the principle intentions and

purposes of it, is to somehow require that the parties get together at the

table. If we have a bargaining group, the FFAW, representing the harvesters and

the fishers, and they have certain demands that they want for their industry and

for their workers and their membership but they have nobody to talk to because a

processor group on the other side will not come to the table, we end up in a

stalemate. We end up in situations where we possibly do not have a fishery.

Somehow, you have to bring the parties to the table, and I think that the

general intent here is to find the mechanism whereby you can bring the parties

to the table.

What this bill does, as I understand it, and the minister can correct me if I

am wrong, is that the FFAW have always been the certified bargaining agent for

the fishers. That is not an issue. The problem is, how do we define who the

other party is going to be? You cannot have a collective bargaining agreement.

The very words themselves imply that somebody sat down and bargained on behalf

of two groups. We have one; who is going to be the other? Obviously, the other

is the processor group.

The government, in this bill here, is saying that the processors will be

represented. Whoever comes to that table to speak for the processors in any

given year will be that majority of processors who produce 50 per cent plus 1 of

that particular species based upon the previous year's production. That is my

understanding of what is happening here.

Somebody would look at it and say that is a pretty good common sense

principle and democratic principle if 50 per cent plus 1 of the processors of

crab in this Province agree, we want to be the bargaining agent, and they come

to the Labour Relations Board and say: Certify us to speak for all the

processors.

That seems to be pretty fair. I do not have a problem with that - that piece

of it - but I do not think it goes far enough. We are going to propose an

amendment to that because, if we are looking for the ultimate fairness to

everybody on the other side, I think there should be an amendment so that piece

that the government has proposed is there, yes, the majority of processors

should definitely be there to be the certified bargaining agent, but we cannot

forget about the numbers of processors involved in that species. For example, if

we have thirty-eight crab processors in this Province, 50 plus 1 per cent of the

production might come from three of those thirty-eight processors. For example,

in our Province, as I understand it, some of the big players are the Quinlans,

the Barry Group, FPI and the Daley Brothers. For example, it is my

understanding, based upon last year's figures, that those four, if they got

together, would be the certified bargaining agent for crab. That is my

understanding, based upon the rough numbers I am aware of. Now, that is not to

say that they shouldn't be the certified bargaining group, but I am saying,

what about the other thirty-four processors? What about the little guy down in

Burnt Islands who has a facility? What about the little guy who is somewhere up

on the Northern Peninsula who has a facility? Where do their views get heard?

That little guy, for example, who has maybe got fifty or seventy-five employees

- he does have the 1,000, he doesn't have the 500, he only has fifty or

seventy-five people - he can't afford to join a group like ASP. My

understanding is that processor's group, their budget, for example, is

somewhere around $800,000 or $900,000 a year. You can't expect these small

processors to be necessarily a part of the organization at that cost, but yet

they still have interests and they still represent people and their interests

need to be represented. Thirty-four processors may be left out under that

formula.

What we are going to propose, to be ultimately fair, is, yes, use your 50 per

cent plus 1 production rule, but why not say to that as well, that the certified

bargaining agent must also represent 50 per cent plus 1 of those persons who are

authorized processors in the Province. Now, you have the ultimate democracy.

Those who are the big pushers and the producers in the Province, they are

automatically in there under that rule, but it also requires those big guys to

consult with and deal with, fairly, other groups no matter how small they are.

They must, from amongst the thirty-eight, come up with at least 50 per cent plus

1 of all the authorized processors and then they go to the board and say:

Certify us. I think that is an ultimately fair proposal. Those who produce the

majority are represented and those who are the majority of processors in the

Province are represented under that scenario.

If you don't use that principle - and this is the concern I hear back from

little processors, we will call them - the concern is: What if the big three or

the big four go to government and negotiate a collective agreement under terms

and conditions, under the Labour Relations Board? It goes to the panel if they

can't agree amongst themselves and they end up with a collective agreement

between the FFAW and the big three or the big four. What if that agreement

squeezes out the little guys? Now, one can say, well, fine, they are all in the

industry, they can compete now and so on, so it is no big deal. If you are

trying to find the ultimate fairness principle here and if we are going to

tinker again with this industry we are tinkering with, why not try to make it

the best that it can be by having that kind of formula so that the bargaining

agent or the processors represent 50 per cent plus 1 of the producers and 50

plus 1 per cent of all processors? That way is the ultimate democratic principle

of representation, and you live with the results that are negotiated. I think

that is a very fair proposal that we are going to be putting forward there.

Another concern we have, and I am sure the minister is going to have answers

to some of these questions, one would be under the

section that deals with the

creation of the panel, for example; it talks about the duties of the panel, and

what is going to be the new

section 19. It talks about the panel; assuming the

parties cannot agree amongst themselves, there is going to be a panel that is

going to be able to deal with certain things and have the authority to do

certain things. Under that

section 19.2, one of the duties, it says, is that

they can set the price. Obviously that is a big issue in the fishing industry

from year to year. How do we get a price that both parties, the buyers and the

processors, the processors and the union, are going to live with?

The whole piece that it says here is they can set the price and conditions of

sale. That raises the question, and maybe there is an answer already evident;

maybe it is already in the existing Fishing Industry Collection Bargaining Act.

Maybe there is some memorandum between the parties that has already been used,

or traditionally used, but my question is: What do we mean by conditions of

sale? Because I do not know if it is anything defined in this - nothing in this

piece of legislation that defines condition of sale - and, to my knowledge, I do

not know if it is the current act, I do not think, what are conditions of sale.

The reason I raise the question is, it is one thing for the panel to say you

two cannot agree so we are going to say that the price is this amount. That is

one issue, but that quote, "conditions of sale", what does that give

this panel the authority to do? Will things be done under that conditions of

sale authority that again improperly, negatively, unintentionally, causes

problems in the industry again?

Is there any way of defining what we mean by conditions of sale? If I knew

how to define it, for example, I would be proposing an amendment, that we change

the definition

section and it shall mean such and such. I, personally, am not

knowledgeable enough about the fishing industry to know what we would include

under conditions of sale. Is it, for example, a condition of sale that anybody

who lands a product in this Province cannot truck it any more than fifty miles

as part of the condition of sale? You have to pay so much a pound for it, you

have to get it graded at the dockside, and you cannot truck it any more than

fifty miles, is that a condition of sale?

If that is deemed to be a condition of sale, is that a way whereby the panel

might, for example - we are back again to - even though it says they cannot deal

with raw material sharing and they cannot deal with the production quotas and

such, that is an authority that they have under that section, to put in a

condition of sale that might, through the back door, get what it says here they

should not do? All I am saying is, I think we need to be definitive here. We do

not need these parties because, I tell you, if there is any industry where

people have been very, very creative in how to make things work for their

benefit - and hats off to them, if it is to your benefit do it - we need to have

people understand what the rules are here. That is what we are trying to get at.

I am saying, I think it is going to be a problem. If we do not define what

conditions of sale are, we are going to have a further problem. If there is

anything that the minister or the government can do, I would suggest, to make

that more definitive so there is no playing around by the parties as to what

that means, it should be defined and it should be put in legislation. So, there

is some uncertainty there.

There is another issue that we will be putting forward, for example, dealing

with the Labrador issue. Mr. Cashin, as I understand it - and this bill has

generally been referred to as the Cashin bill, I understand. There was a

reference in Mr. Cashin's report, a recommendation that Labrador should not be

included in the changes to the Fishing Industry Collective Bargaining Act. That

is not in here. My colleague from Labrador will deal with that issue when she

gets into the details. So we do have an example here where that particular

recommendation by Mr. Cashin is not in here, and we are gong to be asking: Why

isn't it in here? and, in fact, suggesting that it ought to be in here. If we

are taking what Mr. Cashin said to be proper and correct, it should, indeed, be

there.

Another question I have - and these are questions that I was not aware of at

the time - perhaps if the Minister of Labour or the Minister of Fisheries can

give an answer to questions like: If the price is set by the panel, can a

processor pay more than the price that is set?

I do not see, from this piece of legislation, any direction as to - once the

panel sets the price, we know that the parties to that collective agreement are

bound by that price. In other words, I would take that to mean you cannot pay

any less than. So, whether you sell to King's fisheries or Barry's

fisheries, or anybody, if the price is $2 a pound, everybody has to pay at least

$2 a pound. Does that mean that the processors cannot pay more? For example, the

whole traditional capitalist system in which we live, they have been competing

for years at the head of the wharf as to who pays the most. I know what the

minimum is, but, look, here is a bit more. In fact, I think it is well

understood in the industry that it is not unusual for bonuses to be paid, even

under the final offer selection process that we used for a number of years. I

could easily pay you, as a processor, $1 a pound, but at the end of the year,

when we settle up, there was nothing wrong with me paying you extra. Sometimes

it was done in terms of dollars, and sometimes it was done in terms of material

things. Will that be allowed to continue, I ask the minister, under this bill?

We know we have to pay the minimum price set by the panel, but can you pay more?

That question was put to me by a processor, a smaller processor in this

Province, and they have that concern that we do not want, by trying to fix the

problem here, to cause a problem and take away the competitive instincts that

still should exist. Even though somebody has to get the minimum, and there

should be a minimum, the same as a minimum wage, that does not mean that you

should not be able to compete and see what you can get for your product. I do

not know if that is here; and, if it is not here, should it be definitively

stated that, that price does nothing to detract from your normal competitive

issues?

Another question that was put to me by a processor is: Can a processor refuse

to buy under this new system, once it is adopted? A very legitimate question.

The panel sets the price, for example, of $1 dollar a pound. For whatever

reason, a fisherman in a certain area comes into - there is a plant in the area,

two plants in the area, there could be two buyers there, and that person goes to

one of them, the fisherman goes to that person and says: Here are my 1,000

pounds; you have to pay me $1 a pound. That processor, for whatever reason,

says: I cannot take your product. I do not want your product. It could be a case

that he does not have the money to buy it at that time. It could be a case where

his equipment is down. It could be a case where he had his plant shut down for

the season.

The rule, as I understand it here, is that, once the price is set, it is

binding on all processors and you have to pay the price. What if a processor

says, for a legitimate reason, I do not want your product? What happens? Is

there anything in here to address that type of situation, or is it mandatory

that a processor must buy, cannot refuse to buy?

That is a very legitimate concern, because there could be a multitude of

reasons why a processor cannot buy or does not want to buy. I would like the

minister to give some kind of indication, if he can, and direction, because

these are very legitimate questions being asked by the people who, I would

assume, as of tomorrow, when this thing goes through, are going to be bound by

this, so it is incumbent that somebody give some answers. They may exist and, if

they do, we would certainly like to have them, and these people in the industry

need to have them.

So, I guess, in conclusion, at this point I am not opposed to the bill in

general, but I think there are some deficiencies here that need to be addressed

or we are going to find ourselves back here, probably not next year, but

probably sooner. No problem in doing that either, but if they are pointed out in

advance, and I think they are logical, rational suggestions, I do not see any

reason why it could not be done now. So, if it can be done, let's do it right

in the first instance.

Thank you.

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you, Mr. Speaker.

Mr. Speaker, I want to take the opportunity to thank the members who have

spoken from the Official Opposition at this point in time and for the

contribution they have made and the questions they have raised. I do not suppose

I will be able to answer all of them to the point that will please everybody,

but I want to give a little bit of the rationale for the legislation as it is in

front of us today. I will try to deal with a couple of the major issues that

were raised to this point in time. I am sure there will be others raised by

other speakers and I will deal with them later in the afternoon because I

understand that perhaps I will have an opportunity to close the debate on second

reading on behalf of the minister, so that if there are other issues that get

raised beyond this point, I will get a chance to respond to them.

It was mentioned: What are we going to do about the competition on the head

of the wharf? Well, Mr. Speaker, you know, I cannot believe that the wisdom of

Solomon could even go to address that situation. I mean, all we can do as a

Legislature, as a government, as legislators here, in my view, is provide a

framework. That is what the Cashin report asks of us, to provide a framework.

Make the playing field as level as possible. Will it be a perfect playing field,

Mr. Speaker, a perfect soccer pitch? I doubt it, but we are trying to make it as

fair and as level as we can.

We have taken the recommendations of Mr. Cashin and we have sat down with the

major players, not all the players. Some of the players in this industry, Mr.

Speaker, are not represented by anybody. Now, I have tried to make it as

abundantly clear as I can, and I think this legislation, by the way, will be

another process in that pad. I cannot force individuals, processors, into an

association. I cannot do it. I would not want to do it, anymore than I can force

individual harvesters into a union. Basically, there is some choice here as to

what you want to do, how you want to act in your industry, but I can say this.

We provided an opportunity for the association that represents the large

percentage of processors in this Province to provide us with their view of the

Cashin report and what government should do. We have tried to incorporate, in

this legislation, that view as much as possible. It is not totally processor

driven. It is not totally union driven. We have tried to make a hybrid here. We

have tried to create a creature here that incorporates the best suggestions of

all sides.

I have met with independent processors who are not part of any association in

the course of the few months that I have been in this department. I have

encouraged them to find an association that they are comfortable in. If it is

the Association of Seafood Producers, that is fine. That is their business. If

they feel that is not on and they want to form something else, well, that is the

fine, too. That is their business. Personally, I would like to see them all in

one association. I have made that clear to them, but, at the end of the day, it

is not my call. What I have done though, and what the government has tried to do

on this legislation, is to provide them, whether they were in or out, with an

opportunity to tell us their view.

I have to say, Mr. Speaker, I have met with a number of small processors in

the last several weeks and I haven't had those issues, that the Opposition is

raising, brought to my attention. I met with a small processor right after the

news conference yesterday - and the member will probably know who it was because

he was at the conference - and it wasn't this issue of being crowded out or

ganged up on by larger processors that was his issue. It was an issue that

flowed out of the raw material sharing program of last year in terms of how you

are going to do the industry averages and go forward from there.

The last piece of legislation that dealt with FOS said 50 per cent plus 1 of

all processors in the Province, irrelevant of what species they were involved

in, everybody, from Mr. Cashin to the union, to the processor's association,

wanted a 50 per cent plus 1 accreditation based on species; based on the species

process, whether it is crab or whether it is shrimp or cod. They are probably,

likely to be the main ones anyway.

I have been told, Mr. Speaker, that some of the smaller processors are

perhaps the most cost-competitive people in the whole industry, that they do not

mind being bound by this because their cost structures are not an FPI cost

structure. Their cost structure is not a Quinlan cost structure, that they have

cost structures that make them very competitive with some of the larger players

in the industry. So, they have not raised it as a red flag, at least to us. They

may have - I am not saying they did not to members of the Opposition, but they

have not raised it in any way as a red flag to us as something that could be

detrimental to them, that could cause harm to them, could cause them to be

noncompetitive. That has not been something, through the consultation process or

in the public where we invited individuals and people and so on to make their

views known to us through our Web location and letters and things like that.

That has not surfaced, Mr. Speaker. So, my understanding is simply this. The

vast majority of the industry want a species by species accreditation and when

the processors representing 50 per cent plus 1 or more in a particular species

go to the panel, a price is set, either negotiated or either that set by the

panel. When that happens, everybody in the industry is bound by it. That is what

the industry, as I understand it, want.

Also, Mr. Speaker, the other thing we have to adhere to - and I have had

people who are outside the industry association tell me this, that they are

satisfied with this, personally tell me that they expect to pay their share of

whatever it cost to get the price settled. They are not along for a free ride

and have the biggies pay and the other less smaller ones not pay. They have said

to me up-front: We may not be part of the association but we want to find a way

that we can pay our share of what it cost to get a price settled. I have had

that said to me by a number of smaller independent processors in the Province.

So, Mr. Speaker, I believe that the clause, as we have it structured now in

the legislation, represents the best possible approach that satisfies the most

people in the industry. Does it satisfy everybody? No, I would not say it does,

Mr. Speaker. Does it satisfy everybody on both sides of the industry? I would

not expect it does, Mr. Speaker. But I think it is the approach and the

framework that satisfies the most people in the industry in total, harvesters

and processors. It is in that context, Mr. Speaker, that we are proposing that

the legislation pass.

A couple of other matters were raised. I refer to the head of the wharf, Mr.

Speaker. I do not think I can say much more on that. I do not think the

government has any business on the head of the wharf. I believe it was former

Prime Minister Trudeau who made a similar comment about the government and the

state in the bedrooms of the nation. We cannot legislate and control that kind

of thing. We just simply cannot do it.

How do I get on the head of the wharf, or an official from my department, or

from the labour relations agency, on the head of the wharf, and the price is,

say, $1 a pound, and Minister Byrne comes in and says: I will give you $1.05.

What do I say? You are not allowed on the wharf, Minister Byrne. You are a

licensed processor, you are a buyer; you have a right to be there. You, or an

association, or a group accredited on your behalf, signed an agreement. If you

want to shag around with that agreement, if you want to make that agreement

unlivable, and that forces me to match you or go ahead of you, well, I am sorry

ladies and gentleman, you are doing it to yourself.

This industry has to learn, in my opinion, to make it as best they can - with

a framework - on their own. I cannot be on the head of the wharf and I have no

intentions of going there. Minister Shelley cannot be on the head of the wharf

and he should not be expected to be there. Our aim has to be to provide a

framework that is relatively equal for both sides, that can be accommodated and

that will get a fishery started on April 1.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Can we guarantee that the fishery will stay started once it

starts? No, Mr. Speaker, we cannot guarantee it. I said before, I said yesterday

and I say again, we cannot force an individual harvester to harvest. We cannot

do it. What we can force is an organized circumvention of the act that, in every

other way, amounts to a strike. We can do that.

Can I force a processor in this Province to process fish? No, I cannot, but

the Legislature can provide a framework that will make sure that a significant

number of processors, in concert, acting together, do not stop processing. That

is what this framework, Mr. Speaker, at the end of the day, is all about.

Perfect, no, it is not perfection. Final offer arbitration, in itself, worked

pretty good in the beginning, when it was introduced a few years ago. A lot of

conditions have changed since then. We may have to, on a periodic basis, as we

experience working with this framework, from time to time, bring in other

amendments.

I am not scared of that, and I know the Opposition House Leader said the same

thing. We may have to do it. We will do what we can now, do what we believe is

saleable and doable now, and if we have to do some fine tuning, of course, from

time to time, we will have to do it.

Now, the point that was made with regard to 19.2, and the duties of the

panel, the duty of the panel is to set price and conditions of sale. The

Opposition House Leader mentioned the conditions of sale part.

Let me tell you, Mr. Speaker, what was in the old set-up that this is now

replacing. It said that under the FOS set-up the final offer arbitration, the

arbitrator could set price and, quote, other related matters - other related

matters - and that is the way both parties wanted to leave it. There is always

room for some wiggly, if you have to do some wiggly wigglies. You have to have

room. What they have said to us now, both sides, union and processors, is: Don't

make it so rigid that we cannot do certain things ourselves that can create an

environment to get to an agreement at the end of the day.

So, things have changed. Rather than use the language of price and, quote,

other related matters, we are now using the language of price and conditions of

sale, and conditions of sale is meant to be reflective of the other related

matters that were in the original legislation that the processors and the

companies worked under for a number of years.

I guess, Mr. Speaker, in closing, I would like to say this: We cannot

continue to have a situation in our Province where the most important industry

to the largest number of people can be highjacked, for whatever reason - good,

bad or indifferent, but can be highjacked - for weeks on end, maybe months on

end. We cannot have that situation continue, Mr. Speaker. We asked Richard

Cashin, who is, I think, well respected in the industry, who certainly knows the

industry very, very well, to bring together a group to advise us on the best way

to manage that situation, and he did. Reg Anstey was part of the panel, the

Executive Director of the Association of Seafood Producers, Mr. Butler, was part

of the panel, and they consulted widely with various people in the Province and

they have given us a framework. We are here today to put that framework in

place; and, as a result of putting that framework in place, there will be a

fishery come April 1. Will there be a fishery by May 1 or June 1? I do not know,

but this framework is here. It is here to do a job. I believe, Cashin believes,

the industry believes, the processors believe, the union believes, that this can

work. I say, Mr. Speaker, it is our responsibility to give it to them, to

provide that framework and let them get on with the job of making it work.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER ( Fitzgerald): Order, please!

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

MR. HARRIS: Thank you, Mr. Speaker.

I am pleased to have an opportunity to speak at second reading on this most

important legislation, Mr. Speaker, that we hope, in our party, will bring some

stability to the fishing industry. What we have had in the lead-up to this

legislation, and what caused the necessity of this legislation, was absolute

chaos, Mr. Speaker; chaos that was allowed to run rampant in the industry for

the past number of years and chaos that was, in fact, encouraged, or at least in

some respects created by the actions of this government last year. I do not

blame them for all of the things that happened in the fishing industry. It is

hard to blame any one person for all of the ills that our fishing industry has

been exposed to over the years, but certainly the kind of buccaneering

capitalism that we have seen in some aspects of our fishing industry has not

been to the benefit, certainly, of the majority of people who earn their living

from the fishery.

It has allowed people to do side deals. It has forced people to do side

deals, given the processors' control over people's lives and future in ways

that we had not seen since the days of the fishing admirals, Mr. Speaker, and

the control that people had over the fishery that was supposed to be stopped

when we had a fishermen's union, as it was called then, that was controlled

and owned and operated by the harvesters, by the fish plant workers, and by

those who earned their livelihood from the industry to engage in collective

bargaining. The first Collective Bargaining Act in this country, Mr. Speaker,

for fishermen, now known as fishers, was passed in this Province in 1971,

probably the only one certainly in the country.

AN HON. MEMBER: In the world.

MR. HARRIS: The minister says in the world; I will take his word for it.

Fishers, fish harvesters, are given the right to bargain collectively in the

same manner as other workers. Some people say they are not really workers, they

are like farmers; they are independent producers. Well, they may be independent

in some respects, Mr. Speaker, and the fierce independence of Newfoundlanders

and Labradorians is well known, but when it comes to their dealings with the

fish plant operators and owners, the big companies - some of them not so big,

but some of them some of the largest corporations in the world - their power, as

a collective, is diminished. The fishermen's union, the fisheries' union,

the Fish Food and Allied Workers has been the means whereby they have been able

to have some control over their futures, but that has been hijacked over time,

Mr. Speaker. The minister used the word hijacked. It has been hijacked by

certain practices that have crept in by certain organizing, and disorganizing

when it suited them on the fish processors' side, making deals and agreements

and then ignoring them, finding ways around them, looking for opportunities to

bypass their obligations so that they can make more money for themselves at the

expense of the fishery workers. So, we have seen that result.

The 1990s, Mr. Speaker, resulted in an extremely bad situation for everyone,

because as the fish processors were cannibalizing themselves and fighting each

other and fighting with the union over prices, the market was getting fish

product too late, the quality too low to demand a good price, ruining the

reputation of the fishery and the products in the marketplace and doing a big

disservice to all the people who engage in the industry in the Province. So,

what have we tried to do? When I say we, collectively as a Province, as a

Legislature. Governments from time to time have tried to impose some order on

it, at the same time allowing the kind of robust collective bargaining that an

industry like this demands. Because you do have, Mr. Speaker, lots of different

circumstances in which we do not know what the factors are. They have to be

determined by the players. The players know what the costs are, what the real

costs are of conducting fish harvesting. The plant operators know the real costs

of processing the fish and how much money they are making, and they have been

doing pretty good. The fish processors have been doing pretty good. If they were

not, Mr. Speaker, they would not be expanding and buying up half of the fish

processing industry in Prince Edward Island. They would not be expanding into

Nova Scotia, New Brunswick if they were not doing handsomely on their operations

in Newfoundland and Labrador. So, we know they are doing well. Objectively, we

know they are doing well. Of course, when we see that happen, we wonder whether

there is the kind of robust collective bargaining that is necessary to ensure

that fish harvesters get a fair share for the labour that they put into the

operations, for the capital that they tie up, for the money and credit that they

have to get their hands on in order to be players in the industry.

So, we hope that the chaos of last year when this government erroneously,

wrongheadedly tried to impose a solution on the crab fishery that was

devastating to the notions of fair play held by the crab harvesters, devastating

to the notions of fairness in an industry in this Province that relies, to some

extent, on having an orderly process for doing things. This was a system imposed

by government that created a lot of winners and a lot of losers in an arbitrary

fashion. Mr. Speaker, it was resisted, and quite rightfully, by the fish

harvesters. They were determined to tell this government that they could not

insert themselves in this industry in the way that they did and they had to

listen and truly consult with people before they imposed any new system. Well, I

guess I have to give some credit to the government for actually listening. They

actually did listen, the government, collectively.

The previous Minister of Fisheries was given a new job, and a new Minister of

Fisheries and government consulted with Richard Cashin, who had the respect of

the industry, and I suppose importantly, in this context, the respect of the

fish harvesters, based on his history as their leader and as the one principally

responsible for changing the nature of the fishing industry in this Province -

along with his co-leader from the beginning, Father Des McGrath - in leading the

fishery workers of this Province to a situation where they did have some control

over their future. So, he had that respect, but I would also say he had the

respect of the fishing industry generally because he was known to them as

someone who was knowledgeable in the industry, knew how it worked, because we

are not talking about something that anybody can walk into and say: We are going

to fix this now because I read these accounting sheets and I think here is a

solution. If you do not know and understand the industry and how it works, and

the players and how they work and how they interact with each other, you can't

come up with solutions that make sense.

We now have a situation that - based on the report of Richard Cashin - the

government is able to bring forth a piece of legislation that we think has at

least an

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2006-02-23
Typehansard
Volume / chapter2006-02-23
Languageen
Formathtm
SourcePROVINCIAL
Identifier3380fffe323a76bfbaad9a77cb03b61deac0c36e

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