December 4, 2006 HOUSE OF ASSEMBLY

PROCEEDINGS Vol. XLV No. 33

The House met at 1:30 p.m.

MR. SPEAKER (Hodder): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: Order, please!

This afternoon we have members' statements as follows: the hon. the Member

for Trinity North; the hon. the Member for Bay of Islands; the hon. the Member

for Port au Port; the hon. the Member for Grand Falls-Buchans; the hon. the

Member for Mount Pearl; and the hon. the Member for Signal Hill-Quidi Vidi.

The Chair recognizes the Member for Trinity North.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to congratulate the Town of Clarenville and the

Clarenville Heritage Society on the commissioning of the site of the first

Transatlantic Telephone Cable, TAT-1, in Clarenville as an Institute of

Electrical and Electronic Engineers Milestone.

Mr. Speaker, this event marked the fiftieth anniversary of the commissioning

of TAT-1, a very significant technological achievement which operated in

Newfoundland from the years 1956 to 1978.

Mr. Speaker, in the previous year, 1955, the cable itself was pulled ashore

in Clarenville. This deep-water portion of the system had two cables stretching

from Oban, Scotland, to Clarenville, a distance of some 1,950 nautical miles.

The remaining 271 nautical mile-long shallow-water

section was a single cable

from Clarenville to Sydney Mines in Nova Scotia which connected the line to

mainland Canada. The first transatlantic telephone call was placed on September

25, 1956, by the U.K. postmaster to the Chairman of AT& T and the Minister

of Transport in New York City.

Mr. Speaker, the Institute of Electrical and Electronic Engineers is a

non-profit organization and is the world's leading professional association

for the advancement of technology. It established the milestone program in 1983

to honour the significant achievements in the history of electrical and

electronics engineering.

Currently, there are over sixty Milestones worldwide, three of which are

located in Newfoundland, the third one being Clarenville this year. Previously,

it was Signal Hill and Heart's Content.

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

congratulating the Town of Clarenville and the Clarenville Heritage Society in

celebrating their

part in this piece of communication history.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to recognize a constituent from my district,

Johnathan Forward of Curling, who is a member of the Canadian University

Biathlon Team.

Mr. Speaker, Johnathan is currently attending the University of Augustana in

Alberta, working towards a Bachelor of Science Degree in Physical Education.

Augustana is the only university in Canada with a Biathlon team, and Johnathan

has recently been chosen to compete at the 2007 World University Games to be

held in Torino, Italy, in January. He will also be competing at the Canada

Winter Games in Whitehorse, Yukon, as a part of the Newfoundland and Labrador

team.

Johnathan has competed in many provincial and national competitions in the

past years and is looking forward to the tremendous opportunity to compete at

such a high calibre international event and represent our Province and country.

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

congratulations to Johnathan as he prepares for the 2007 World Competition and

wish him every success in his future competitions.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Port au Port.

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

Mr. Speaker, I rise today to pay tribute to Miss Katrina Roxon of Kippens, in

the District of Port au Port. She is presently in South Africa where

approximately 550 athletes from fifty countries are expected to participate in

the 2006 IPC swimming world championships. This event is one of the largest

sports competitions for athletes with disabilities, after the Paralympic Games.

Katrina, at the age of thirteen, is the youngest in the Canadian team and one

of the youngest in the world to make a national world championship swimming

team.

Katrina has been swimming competitively since 1999 and holds numerous awards

for her performances locally, nationally and internationally. Provincially, in

2005 she won the Margaret Davis Junior Athlete of the Year. That same year she

was presented with the Canadian Paraplegic Award for athletic achievement. She

also holds the following: 2005 Swimming with a Disability Canadian Records for

the 50 and 200 metre breaststroke and the 200 metre butterfly. On the

international level, she has participated in the U.S.A. Paralympics where she

took the silver medal in 50 metre breaststroke, and bronze in the 200 metre

breaststroke, 50 metre backstroke and 100 metre breaststroke.

Miss Roxon also competes in cross-country running where she won the gold

medal in the Bay St. George Cross-Country Running Competition and bronze in the

Hershey's Provincial Track and Field Meet.

Is it any wonder, Mr. Speaker, that Miss Roxon was selected as Female Athlete

of the Year for Stephenville for 2006.

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

congratulating Miss Roxon and wishing her success in the competitions in South

Africa.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.

MS THISTLE: Thank you, Mr. Speaker.

Mr. Speaker, I am very pleased to rise today to congratulate Val Elson of

Grand Falls-Windsor, a cancer survivor, who is the new President of the

Provincial Canadian Cancer Society Board of Directors.

Ms Elson has been involved with the Canadian Cancer Society for seven years,

starting after her own diagnosis of cancer, which resulted in her losing part of

her leg. Her personal experience with cancer has played a significant role in

her involvement with the Canadian Cancer Society and she has been a strong

advocate for cancer patients and their families in Central Newfoundland and

across this Province.

Mr. Speaker, Val Elson received her presidential appointment this past summer

at the society's annual general meeting. As provincial president, she is

Newfoundland and Labrador's voice on the national board of directors and the

national council.

Since her appointment, Val has been working diligently on the provincial

cancer care strategy, which is being developed to promote early detection and to

find ways to reduce cancer rates in this Province and she has chaired the

working group of cancer patients' committee and developed a report on cancer

control. At the national level, she is involved with the development of the

national cancer control strategy as well.

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

congratulating Val Elson on her appointment as the new President of the

Provincial Canadian Cancer Society Board of Directors, and wish her well in her

upcoming challenge.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. DENINE: Thank you, Mr. Speaker.

Today I would like to pay tribute to four distinguished individuals from

Mount Pearl who were inducted into the Mount Pearl Sports Hall of Fame.

Mr. Speaker, each of these individuals are great volunteers in our community

and their leadership and qualities are next to nothing.

Mr. Speaker, we have Mr. Wayne Andrews - Wayne is very well known for his

dedication to Campia Gymnastics within Mount Pearl and province-wide. Through

Wayne's leadership, he inspired everyone working with him to remember, that we

volunteer for kids to ensure fairness for everyone.

Second, Mr. Harry Bartlett - Harry has been involved in sports in Mount Pearl

as a player, coach and builder in the sports of baseball and hockey for the past

thirty years. He has held various executive positions in both associations and

he has demonstrated he cares deeply about the community in which he lives and

works.

Next, Mr. Speaker, Mr. Ian Graham - Ian has been involved in Mount Pearl

through the sports of hockey, soccer, baseball for over nineteen years. He has

held various coaching positions and he has progressed to serve as an executive

member in all associations. His commitment to working with youth in our

community is to be admired.

Finally, Mr. Speaker, we have Everett Russell - Everett is to be honoured for

the tireless work and energy he has given to Special Olympics in Mount Pearl. He

has held various executive positions with this association and his leadership

extends beyond the confines of our city. He is a member of the provincial Board

of Directors for the Special Olympics.

Mr. Speaker, all four inductees made substantial contributions to the

development of sport in our city and Province. Their volunteer efforts are

exemplary and I commend them.

Mr. Speaker, I ask all members here today to join with me in congratulating

them on their recent achievement.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

I am very pleased to stand today and pay tribute to the AIDS Committee of

Newfoundland and Labrador who held their first breakfast recognizing World AIDS

Day on Friday, December 1, joining groups around the world who have been

carrying on this practice for a number of years.

The AIDS Committee of Newfoundland and Labrador is a pan-provincial

consumer-focused, non-profit organization that provides programs and services

aimed at preventing HIV/AIDS and supporting persons living with and affected by

HIV/AIDS. The staff and volunteers of AIDS Committee Newfoundland and Labrador

work tirelessly to provide HIV prevention and Hepatitis C education services

throughout the Province.

I was impressed at the breakfast with the courage of the speakers - two of

whom were women from Zimbabwe and Lesotho who work directly with HIV/AIDS

patients and their families.

I was especially impressed with Robyn Pardy, an HIV positive mother of two

from St. John's who has joined the AIDS Committee of Newfoundland and Labrador

in educating the public, especially young people, about HIV/AIDS. Ms Pardy's

strength in the face of this disease is striking. She speaks openly and

courageously about the disease, how she contracted it and the necessity to

prevent it from spreading further. Such courage in the face of a disease that

many still fear and misunderstand is an inspiration.

I ask all of my colleagues in the House to join with me in congratulating the

staff and volunteers, especially Robyn Pardy, of AIDS Committee Newfoundland and

Labrador on its new effort to promote education and public awareness of HIV/AIDS

both in our Province and around the world.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Before we proceed with Statements by Ministers, I am sure

all members would want me to welcome, in the public gallery, Mr. Barry Fleming,

the Citizens' Representative designate who is in the gallery here to my right.

Welcome to our House, Mr. Fleming.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

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

SOME HON. MEMBERS: Hear, hear!

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

I rise today to congratulate the Aboriginal women's community on a very

successful Aboriginal Women's Conference that took place November 23-26 of

this year in Stephenville.

I had the pleasure of speaking at the event along with my colleague, Joan

Burke, Minister of Education and Minister Responsible for the Status of Women.

Justice officials and I also had the opportunity to take in some of the

workshops and some of the sessions, and we would like to compliment the

conference organizers on the outstanding agenda, specifically the presenters and

the participants whom most certainly bolstered this year's conference theme,

which was, "The Good Life for Aboriginal Women - Moving Forward Building

Strength."

Mr. Speaker, after delivering my remarks, I engaged in a question and answer

session followed by several individual meetings. The provision of family justice

services in this Province was certainly a significant topic of discussion.

Currently, the government is working on providing better family justice services

outside of Corner Brook, Central and St. John's, and to expand these across

the whole Island and Labrador.

The provision of family law services in Newfoundland and Labrador is not

uniform across the Province; indeed, it has been described as a patchwork quilt.

We have therefore made a request to the federal government for four new Unified

Family Court Judges, including one for Labrador. Our government is committed to

providing the ancillary services such as mediation, conciliation and education

services, and did so with a $617,000 investment for these services in Budget

2006-2007. We have subsequently created eleven new permanent positions to ensure

more children and families in more regions of the Province receive timely and

effective mediation, counselling and education services.

Mr. Speaker, I was very pleased to receive feedback on this initiative and

others that were implemented by this government, including the Family Violence

Legislation, the Expansion of Victim Services and our Aboriginal

Interpretation

Strategy. Justice officials and I forged new relationships, and follow-up

contacts have already been made with delegates for consultation purposes. We are

currently working on ways to improve consultation and communication with the

Aboriginal women's community. This diverse gathering, with its representatives

from such varied parts of the Province, will help us as we strive to foster

better relations and better responses.

Mr. Speaker, the Williams' government is committed to improving our

relationships with Aboriginal communities, and I am personally determined to

make the administration of justice more accessible and more compatible with

Aboriginal cultures.

The late Ben Michel said to me once that all voices must be heard. The voice

of Aboriginal women is critical, and it is a voice that my colleagues and I will

be listening to.

I ask that all Members of the House of Assembly join with me in

congratulating the Aboriginal women's community on another very successful

conference.

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 want to thank the minister for an advance copy of his statement.

I was somewhat surprised to see that it wasn't the Minister for the Status

of Women who would stand in her place and give us an update on the Aboriginal

Women's Conference; but, then again, Mr. Speaker, I guess by the mere fact

that she has chosen to once again omit women on the Opposition side of the House

of Assembly from participating in any women's conferences that the government

holds in the Province - I think I am probably the only woman in this Legislature

who holds a card in an Aboriginal association in Newfoundland and Labrador,

making me probably the only Aboriginal woman in the House of Assembly, and two

years in a row the minister chooses not to invite me, my colleagues, or the

woman who happens to be the official Leader of the NDP, to get involved in women's

issues in the Province. So, Mr. Speaker, I give very little validity to anything

that the Minister for the Status of Women would say, simply because her actions

demonstrate anything otherwise.

Mr. Speaker, it wasn't only us who did not participate. This conference is

a top-down approach by the minister and her department which omits to even

engage participants. Like in Stephenville, the Bay St. George Status of Women

Council was not involved in organizing this conference in Stephenville; in fact,

had an invitation to the conference a week before it occurred and was told you

could only attend certain sections of that conference. That is the kind of

top-down approach to women's equality and women's issues -

MR. SPEAKER: Order, please!

The hon. member's allotted time has expired.

MS JONES: By leave, Mr. Speaker?

MR. SPEAKER: Leave has been requested.

Has leave been granted?

MR. SULLIVAN: We will give her fifteen seconds, Mr. Speaker.

MR. SPEAKER: The hon. member has leave.

MS JONES: Mr. Speaker, fifteen seconds will give me an opportunity to put

a plug into the government that, when they organize the Aboriginal Women's

Conference from across Canada, that they do so ensuring that they have a venue -

which they could find a venue to hold the Premiers' Conference of over 300

participants - that they find a venue to be able to host a conference that will

be adequate and serve the needs and allow the women of the country to have a

voice in issues that are relevant to them.

SOME HON. MEMBERS: Hear, hear!

AN HON. MEMBER: (Inaudible) withdraw leave.

MR. SPEAKER: Leave has been withdrawn.

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

MS MICHAEL: Thank you, Mr. Speaker.

I thank the minister for the advance copy, and I do echo my colleague's

comments with regard to my surprise at not receiving this from the Minister

Responsible for the Status of Women.

I do want to say as well that I echo her comments with regard to -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair has recognized the hon. the Member for Signal Hill-Quidi Vidi.

I ask her to continue her commentary.

MS MICHAEL: Thank you, Mr. Speaker.

I do want to say that, as a person who has had a long history of working in

solidarity with Aboriginal persons in this Province, as the Leader of the NDP

and as a woman sitting in this House, I believe that it would have been good if

we could have had all women from the House of Assembly invited . From the work

that I have done with Aboriginal people -

MR. SPEAKER: Order, please!

The hon. member's time has expired.

SOME HON. MEMBERS: By leave.

MR. SPEAKER: By leave?

Has leave been granted?

AN HON. MEMBER: Yes.

MR. SPEAKER: Leave has been granted.

MS MICHAEL: Thank you, Mr. Speaker.

As a woman who has been involved in solidarity work with Aboriginal women, I

feel almost certain that if they had been asked about their openness to have all

of the people in our Legislature present, all of the women present, so that they

could hear what Aboriginal people have to say, Aboriginal women, have to say, I

am sure they would have said they were open to having observers. They want us to

hear their issues and, as leader of our party, I believe that everybody in this

Province is my constituent and I think that I personally should have been there

but I think that all women in the House should have been invited as well.

Thank you, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MR. REID: Thank you, Mr. Speaker.

Mr. Speaker, last week we referenced an analysis that was conducted by the

Department of Finance concerning the fibre optic deal. From our sources within

that department who have seen this report, we have been advised by departmental

officials that they were not favourable to the investment of $15 million into

the fibre optic venture.

Mr. Speaker, I ask the Premier: If you have nothing to hide, and you want to

be open and transparent and accountable, why is your government refusing to

release this analysis?

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

The question was asked in the House last Thursday - I think it was last

Thursday - and asked again, and I will give the same exact answer again. When I

heard about a report being done by my department, a financial analysis on this,

and a report given, I was as surprised as anyone else. I went back and asked my

officials: Was there any report done on this?

I was told that nothing any different on any proposal would move to Treasury

Board and a recommendation go to Cabinet, that we do a financial input on any

project coming from any department. We recommended - in fact, Treasury Board

recommended - that there should be someone with expertise in the communications

industry, and I think EWA was hired. We also recommended that some chartered

accounting firm would be able to give an analysis or look at it, and I

understand that EWA subcontracted a firm to do that and put the report back to

the department.

That is the role that my department played in this process. With any

proposal, when any financial thing comes to Treasury Board, it goes in the

normal manner, nothing unique, nothing special, no special report on this. I

have been informed that exactly the same process will be followed. Now, I do not

know what they are talking about other than that.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Mr. Speaker, the minister knows there was an analysis done. It

might not have been a report but there was an analysis done by your officials.

That is the analysis we are asking for.

Mr. Speaker, from the information over the past several weeks regarding the

fibre optic deal, what we can ascertain is that this Province is the largest

partner of the consortium, putting in $15 million. As the largest partner, with

the largest single investment, it would only go to reason that we would get most

of the fibre optic strands, but apparently this is not the case.

I ask the Premier: Can you tell us what portion of that cable, or how many

fibre optic strands, will be owned by the Province? Your Minister of Innovation,

Trade and Rural Development certainly could not tell the public last week when

questioned about that.

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, as the EWA report suggests, we will be pursuing an appropriate

number of strands, given the amount of money that we are putting into this

development. When we have finalized this arrangement, I can tell you, Mr.

Speaker, all of the information will be provided to the Auditor General, all of

the information will be provided to the public.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. TAYLOR: Mr. Speaker, we will not be doing like they did in the past.

We will not be investing multi-millions of dollars into a development and not

having an asset whatsoever at the end of the day. Mr. Speaker, we will have an

asset that can be used for the telecommunication needs of the Government of

Newfoundland and Labrador and it will be used to lever further development of

rural Newfoundland and Labrador. That, Mr. Speaker, is what we are doing.

If they want me to go down through the monies that they put into the

telecommunications industry over the period of time that they were in

government, I will gladly lay it out for them, Mr. Speaker, and everybody can be

the judge of who got the best deal.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

We are investing $15 million, and he said that later we will find out what is

appropriate, how much we are going to get. He still cannot tell us when he has

already signed onto a deal in principle for $15 million.

Mr. Speaker, last week Aliant was forced to circulate a memo to its employees

correcting what they considered to be false information that the Premier and his

minister were putting out there in the public. One of these involved the Premier's

allegations on an Open Line show that Aliant is price gouging and involved in

predatory pricing.

I ask the Premier: In light of this memo, do you still stand by your

statement that Aliant is involved in unethical business practices, such as price

gouging and predatory pricing?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

That is incorrect, I did not say that.

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

MR. REID: Thank you, Mr. Speaker.

In case the Premier has a memory lapse, I have his own words here on an Open

Line show.

Mr. Speaker, another of the falsehoods that Aliant references in the memo is

related to competitive rates and capacity on the existing fibre optic line

across this Province. As a matter of fact, Aliant officials referenced the CRTC

ruling which stated that competitiveness and capacity in the system is on par

with the rest of Atlantic Canada.

I ask the Premier: Why do your attempts at justifying the $15 million

investment to your friends and business associates contradict statements made by

the CRTC?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

Mr. Speaker, I am really surprised that Aliant have taken this approach. As

the hon. member opposite knows, since 1994 Aliant have had over $200 million

worth of contracts from the government, from the Liberal government. That is a

lot of money. They have certainly had their lion's share of any business that

was done by this government.

They are working within the rules of the CRTC, but there are tariffs. They

are allowed to move between those tariffs as far as they can go, and they have

moved to the top end of the tariffs. As a result, they are charging top rates.

As a result, CONA is at a disadvantage, Memorial is at a disadvantage, Canarie

is at a disadvantage, call centres are at a disadvantage, private business is at

a disadvantage, and the Province of Newfoundland and Labrador is at a

disadvantage. We are going to get significant benefits. How can you argue with

the fact that we are going to get $400 million or $500 million worth of benefits

out of that particular contract?

For Aliant to send out a letter to their employees that gets publicly

circulated within minutes of them sending it out, that is a backroom (inaudible)

that we are just not going to be part of.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

I ask members for their co-operation so that we can hear both the question

and the answer.

The Chair recognizes the Member for Port de Grave.

MR. BUTLER: Mr. Speaker, the annual hunger count report prepared by the

Canadian Association of Food Banks shows Newfoundland and Labrador has the

highest per capita use of food banks and it also shows that demand for food bank

services is increasing in this Province for the first time in years. Mr.

Speaker, this report shows we have serious problems in the Province and they are

getting worse, not better.

I ask the minister: What new initiatives will he undertake, based on the

information released in this report?

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

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SHELLEY: Thank you, Mr. Speaker.

Nobody likes to see the numbers we have seen in this latest report. I have

seen the numbers over the last couple of days. It is nothing for any of us to be

proud of. As a matter of fact, I would like to see the day when we do not see

any food banks in this country and, indeed, this Province.

The fact of the matter is, and the member knows, in the Poverty Reduction

Strategy which we released, the only second province in Canada to do so in this

country, that we have taken initiatives to work on poverty. It is not going to

come overnight. It is not simple. It is very complex. That is why we see those

numbers rising up.

At the same time, if the member reads the Poverty Reduction Strategy - I know

he has, and I know he agrees with a lot of the things that are in there - it is

a step in the right direction. Is it going to solve everything and get these

numbers down overnight? Absolutely not! But, Mr. Speaker, with partners that we

partnered throughout this Province, with the different groups, they know that we

are moving in the right direction and we will see these numbers come down.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, this government should wake up and realize that

what they are doing is not enough. These are the unpleasant facts revealed of

poverty in this Province, which this government seems to think they can solve

with public relation exercises.

We have the highest per capita use of food banks. They are serving not only

people without jobs but also the working poor. We have one of the highest rates

of child poverty in the country. Twenty-three percent of Newfoundlanders and

Labradorians do not have enough disposable income to buy basic necessitates, and

32 per cent of single women households experience problems getting enough food.

Mr. Speaker, I ask the government: When are you going to realize the

seriousness of this problem and start to deal with it as quickly as you did with

unsolicited proposals from the Premier's friends?

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

Employment.

SOME HON. MEMBERS: Hear, hear!

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

The member would know if he has read the Poverty Reduction Strategy, which a

lot of members have and a lot of groups have, Mr. Speaker - it is shocking to

see those numbers up, I say to the hon. the member, but this government has

taken initiatives in the amount of some $64 million in the right direction; the

first time any government has ever taken this on in this Province, Mr. Speaker,

and we are very proud of that.

SOME HON. MEMBERS: Hear, hear!

MR. SHELLEY: We could go on with a long list here today, Mr. Speaker, but

we cannot do that, but we know that there has been a 5 per cent increase in

income support; the first time ever; the biggest increase ever. Indexing of

income support: the first time ever, Mr. Speaker. We have tenants in housing who

have rebates on education reducing education fees, and it goes on and on and on.

We have begun the right road to reducing poverty in this country and in this

Province, and we are on the right road, a lot further than the former

Administration was, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, I have to say, I think the government should

realize they are buying the wrong fibre. We have to get the fibre to go to the

food banks.

I ask the minister: In light of the information in this report, would you

agree that the spending of over $300,000 to wine and dine the Premiers and

territorial leaders this past summer was excessive and extravagant and the money

could have been put to a better use? Will you now agree to match the amount you

spend on gifts, booze, food, entertainment and fur coats at this conference with

a similar donation to the food banks of this Province?

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

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SHELLEY: Mr. Speaker, it is really too bad that the member has to go

to this level because the fact of the matter is - he knows it, he is standing

here today knowing it - that this government has moved further than any previous

government, Mr. Speaker. That is why there is $64 million - not $300,000 - $64

million in initiatives. I would take a lot more than Question Period and a lot

of leave to list out the things in this Poverty Reduction Strategy which many

groups around this Province, including a group I met with this morning on

housing who thanked us and commended us for what we are doing on these

initiatives - and they are going to join with us in working with food banks. As

a matter of fact, Mr. Speaker, we have invited those groups in as focus groups

to work on poverty reduction as we go ahead. So, we are very proud of what this

government has done as far as poverty reduction.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

My question is for the Minister of Natural Resources.

Minister, you stated last week that the Bull Arm security building Request

for Proposals was done by the site manager. That is the second time around. Can

you confirm who the site manager is? How many companies did the site manager

invite to submit proposals? Who submitted proposals the second time around, and

what were the bids submitted?

Would you agree to table that information rather than forcing us to go

through a freedom of information request? Because it is urgent that we see the

information.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Yes, I would be very happy to table that information.

I can tell you, Mr. Speaker, that Mr. Kevin Greene is the site manager, and

that there were three bids requested from local suppliers, including the lowest

bidder on the last project.

The other two pieces of information I will table with the House.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

Minister, you told the public last week, government saved tens of thousands

of dollars on the Bull Arm security building contract. What you failed to tell

the public was that the specifications were changed the second time around. For

example, I understand there were wooden beams put in as opposed to steel

structural beams.

Minister, will you tell us and table the information showing who did the

flooring, the aluminum, the windows, the mechanical and the electrical for that

contract, and the amount paid for these parts of that contract?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

I have reviewed all of that information and I am more than happy to make it

available to the House.

Thank you.

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

MR. PARSONS: Thank you, Mr. Speaker.

Minister, you acknowledged in your press release last week that your

department failed to comply with the Public Tender Act with regard to all of the

legal forms that had to be filed. Now that this matter has been brought to

light, you are scrambling to get those forms filed. It probably never would have

been done if the Opposition had not raised these questions in the House last

week. I would like to ask you about another requirement of that contract which

was conveniently overlooked.

Can you confirm that the first time bids were submitted on this contract all

companies had to be

core certified, but that the second time around the core certification

requirement was removed, thereby allowing Ms Cleary's campaign manager's

company to be able to bid, because he could not the first time? Who removed this

requirement for core certification?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, I want to reiterate to his House that Ms

Cleary had no involvement in the call for the second amount of bids, the second

number of bids.

Yes, Mr. Speaker, while the Public Tender Act was followed, government's

policy of having companies core registered was overlooked in this case. We have

taken that very seriously. We are ensuring that all of our boards and agencies

are aware of the policy of government, and we will do everything we can to

ensure that these regulations are followed in the future.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

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

My question is for the Minister of Education.

In last year's Budget, $1 million was allocated to look at the

possibilities and report on different options regarding the campus of the

College of the North Atlantic in Labrador West. I wonder if the minister can

tell us what the status of that report is today.

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: I would like to thank the hon. member for the question.

We did allocate money to look for a location facility, what we can do in Lab

West. We do have a consultant's report in, an assessment of what needs to be

done. Government, the Department of Education, will be looking at that. We will

be looking at the cost of how to move forward, and we are hoping that we will be

able to build plans in next year's budget regarding a campus in Lab West.

SOME HON. MEMBERS: Hear, hear!

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

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

The next question is for the Minister Responsible for Newfoundland and

Labrador Housing.

Two or three years ago, Mr. Speaker, government sold off most of the housing

units that they had in Labrador West. Since that time, the area is going through

a bit of an economic boom, forcing many people with no opportunities to have

housing for them and their families.

I want to ask the minister: Now that they have sold off their housing, with

very few units left - there is a long list of applicants, as the minister knows

- what is government's plan to deal with the housing crisis for people who

need Newfoundland and Labrador Housing in the Labrador West area?

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

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SHELLEY: Thank you, Mr. Speaker.

I thank the member for his question. I know he is concerned about that; he

has raised it a number of times with me.

We are reviewing - as a matter of fact, there are some meetings set for

Labrador West, with the Mayor of Labrador West, in the coming weeks with

officials from my department. We are recognizing the shortages, but at the same

time I remind the member, though, that a lot of the shortages are outside of

Newfoundland and Housing and that, in fact, it is people who need housing

overall in Labrador West because of the mining boom. It is a combination of

both. It is not just with Newfoundland and Labrador Housing.

As we speak now, as matter of fact, in comparison to the rest of the Island,

Labrador West has a fairly short waiting list for actual housing units. The

housing shortage is certainly outside of Newfoundland and Labrador Housing, but

we will be reviewing what is happening in Labrador West.

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 are for the Minister of Health and Community Services.

There are serious issues developing in the child care sector in the Province.

As the Province stood by and watched their federal cousins cut the $5 billion

national child care agreement without protest, 93 per cent of the children under

the age of twelve in the Province were left without any regulated child care

spaces. Many of the spaces that do exist are not being filled with children

today simply because operators cannot recruit the early childhood educators that

they require for those positions.

What is the government's plan to deal with this serious recruitment and

retention problem?

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

SOME HON. MEMBERS: Hear, hear!

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

I will refer the Member for Cartwright- L'Anse au Clair to the plan that we

released on May 24. That plan, Mr. Speaker, was met with great praise from the

industry. It does address affordability. It does address the ability to recruit

early learning and child care educators. It does address the ability to create

spaces throughout the Province, especially in rural areas of the Province. We

are only a few months from the time that we announced that, Mr. Speaker, and I

will ask that the member be patient while we allow that plan that we announced

on May 24 to actually work.

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

MS JONES: Thank you, Mr. Speaker.

The minister is well aware that earlier enhancements that were announced for

workers are not nearly enough and that government is not bringing these early

childhood educators today to the professional level that we need them to be. One

of the difficulties identified by these operators in recruiting workers is the

reduced wage and insufficient benefits of the job.

Is government prepared to offer up more money for worker subsidies so we may

get those closed child care spaces reopened?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, it is obvious that the Member for

Cartwright-L'Anse au Clair has not read the plan that we released on May 24,

because it does address wages, it does address increasing the threshold for

eligibility for children qualifying for these spaces. In fact, Mr. Speaker, the

plan is starting to work, because as of May we have created 463 additional

subsidies, which means that 463 additional children in this Province, as of May,

are being subsidized. So, it is working. We do have, within that plan, the

ability to recruit additional child care educators and that is going to happen.

We have only announced this in May. I have met with the federal minister on a

couple of occasions face to face. I have written the federal minister to ask

that they put additional funding into early learning and child care. But even if

the federal government does not come to the table, we are committed to making

early learning and child care in this Province better for the children of the

Province and better for all regions of the Province.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: I say to the minister, I have his full report here and I have

read it all. I also say to him, he made a commitment that by September those

spaces would be in place.

Government did receive $21.6 million from the Paul Martin Liberal child care

program before Harper cancelled it. I understand that this money was not

invested to supplement early childhood educators on the job but rather went to

top up the staff in the minister's own department to complete several studies

that government had wanted done and also to meet government's own commitment,

that he just talked about, to provide more subsidies for child care.

Can the minister table in the House today a list of the new positions that he

created in his department with this money and provide a full account of the $21

million in federal dollars that he was entrusted to manage on behalf of child

care in the Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, I am not aware of any new positions that

were created in the department as a result of this $21.6 million, but what I can

say: If the Member for Cartwright-L'Anse au Clair has read the plan she

obviously does not understand the plan, because it does address the ability to

top up wages for early learning and child care educators, it does address

bursaries and so on, and it will address the ability to recruit more early

learning and child care educators into the system. Obviously, Mr. Speaker, she

has not read it. Already we have seen 463 new subsidies as of September. The

number is even higher than that, it is close to 500. There are almost 500 new

spaces created since this time last year in early learning and child care in

this Province, and since May there are over 100 new spaces created as a direct

result of the plan that we announced in May.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Oh, yes, I have read it. I have read it, Mr. Speaker, and I say

to the minister that the benefits he put in are on a sliding scale for those

workers after they go over $25,000 a year, and he knows that is what the problem

is.

Mr. Speaker, Bill 303 is now before the House of Commons for debate. This

bill does not support private centres -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair is being distracted by conversations.

The Chair recognizes the hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker, because I was getting distracted

myself.

Bill C-303 is now before the House of Commons for debate and we know the bill

does not support private child care centres. Knowing that most child care spaces

in this Province are provided through private operators, is the minister

concerned about the passage of this bill and is he concerned that it could have

an impact on private child care centres to the point that some may have to

close?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, we have made our concerns known to the

federal minister responsible for early learning and child care. Not only have I

made our concerns known to her, but I have told her that I do not support the

current measures that the federal government are undertaking.

Obviously, Mr. Speaker, we would like to see more from the federal

government, but as I stated earlier this afternoon, as I have stated previously,

with or without the federal government's help in this area, this Province is

committed to early learning and child care. We have implemented our plan as of

May 24, and we will continue to improve, as our ability allows us to improve,

early learning and child care in this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.

MS THISTLE: Thank you, Mr. Speaker.

Mr. Speaker, last week the Premier's expensive gift giving and extravagant

entertainment style was exposed in this House of Assembly. Over $100,000 was

spent on mugs, jugs and sweaters, over $8,000 on coats for Klein, and almost

$700 a head for free wining and dining.

My question to the Minister of Finance is: Since your priority is to put off

the most lavish show for Premiers across Canada, will you now provide a fuel

rebate to low income earners who heat their homes with electricity, like you

promised when you were in Opposition?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

I think it is important to talk a little on history. In January, I think of

2001, they brought in a rebate program of $100. Near the end of March of 2003

they brought in a program and they got their money in the summertime. We came in

as a government and brought one in, in the fall of the year, twice. Not only for

$100; we brought one in with a maximum of $250 the first year because of the

price - we brought in $400 the next year.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: I said before, and I said it publicly, that a paper is

being prepared to bring to Cabinet and Cabinet will make the appropriate

decision on that, not in July when the sweat is running off their brow and they

get the $100 that they should have had four, five, seven or eight months before.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.

MS THISTLE: Mr. Speaker, he will never get an historian's job because

he forgot about the electricity. He got a new memory now since he is in Cabinet

Mr. Speaker, many communities around this Province, like Bird Cove on the

Northern Peninsula, or Freshwater in Conception Bay - and I could name hundreds

of others - cannot get funding from this government to provide their residents

with clean drinking water. Yet, we learn that the Premier can spend over

$200,000 in taxpayers' money in one night on food and an open bar.

Mr. Speaker, I ask the Minister of Finance: How can you justify - you are

holding the purse strings of the Province - spending excessive amounts of money

to provide an open bar at an event like this but you cannot provide clean

drinking water to the people of our Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

First of all, she forgot to mention that the net cost and significant

hundreds of thousands, I think four hundred or more, was put into this by

businesses, an event hosted every ten years in the Province. She neglects to

give the full truth on that, Mr. Speaker.

What I do remember, though, is $450 million of new money that was put in

Budget 2006. What I do remember is $180 million was put into health care in the

last Budget. I remember $100 million put in education in the last Budget.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: I remember a roads program this year of almost $65 million,

when they spent as low as $6 million in one year on roads in our Province.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: I remember $62 million annualized for poverty reduction in

this Province when they put zero in the budget, Mr. Speaker. I could go on for

five hours on what we did. They did absolutely nothing when they were in power!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair recognizes the hon. Member for Grand Falls-Buchans.

MS THISTLE: Mr. Speaker, I would suggest that the Minister of Finance

keep that speech for the 9,000 lined up on Kenmount Road and for the food banks.

SOME HON. MEMBERS: Hear, hear!

MS THISTLE: Mr. Speaker, we all know that this Province deserves a better

deal on equalization and we all know that their federal cousins are trying to

dodge away from keeping their commitments they made in writing to this Province.

I ask the Minister of Finance: How can he, on one hand, tell the national

leaders we do not have adequate funds and need a better deal within

Confederation when they have all experienced, firsthand, the Premier's

extravagance? How much damage did the Premier's extravagant spending do to our

case for better equalization?

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

MR. SULLIVAN: Mr. Speaker, how much did spending $1 billion more than us

again damage us as a Province? Four credit rating increases in the last year

alone, that is what we did to this Province!

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Talk about out-migration; in our years in power there was

an average of 2,187 people who left this Province per year. When they were in

power in the 1990s, 5,900 a year left this Province; net out-migration. In the

1960s and early 1970s, almost 4,000 a year was the net out-migration loss, and

during this Administration it is only half of that amount; the most people

employed in our Province's history, 240,900; and the lowest unemployment rate

in twenty-five years, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Twelve thousand left in one year under that government,

10,000 another year, and 9,000 another year. We had tens of thousands of people

who left this Province. They almost shut down this Province, Mr. Speaker, during

their tenure. Thank God they are out of power now because -

MR. SPEAKER: Order, please! Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The time allocated for Question Period has expired.

SOME HON. MEMBERS: Oh, oh!

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

Tabling of documents.

Tabling of Documents

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

MR. SULLIVAN: Thank you, Mr. Speaker.

Pursuant to

Section 26.5(

a) of the Financial Administration Act, I am tabling

two Orders in Council relating to funding pre-commitments for the 2007-2008

fiscal year; significant investments in our future, Mr. Speaker, significant.

MR. SPEAKER: Further tabling of documents?

Notices of Motions.

Notices of Motion

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I give notice that I will move that the House resolve itself into Committee

of the Whole on Supply to consider certain resolutions relating to the granting

of Supplementary Supply to Her Majesty. (Bill 62)

Further, I give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The House of Assembly Retiring Allowances Act. (Bill 59)

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

entitled,

An Act To Amend The Income Tax Act, 2000, No.2. (Bill 60)

Further, Mr. Speaker, I give notice, per Standing Order 11, that the House

not adjourn tomorrow at 5:30 o'clock, and further I move, per Standing Order

11, that the House not adjourn tomorrow night at 10:00 p.m.

MR. SPEAKER: Further notices of motions?

The hon. the Minister of Health and Community Services.

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

I give notice that I will ask leave to introduce a bill entitled,

An Act

Respecting Mental Health Care And Treatment. (Bill 61)

MR. SPEAKER: Further notices of motions?

The hon. the Member for Humber Valley.

MS GOUDIE: Mr. Speaker, I give notice that on tomorrow I will introduce

the following Private Member's Resolution:

WHEREAS the Williams' Government on June 23, 2006, released its new Poverty

Reduction Strategy entitled "Reducing Poverty: An Action Plan For

Newfoundland and Labrador," following through on a commitment to transform

Newfoundland and Labrador over a ten-year period from a Province with the most

poverty to a Province with the lease poverty; and

WHEREAS the Williams' Government backed up this new strategy in the 2006

Budget with a financial commitment of over $60 million annually to support

expanded eligibility for the prescription drug program, the elimination of

school fees, increases to income support programs, and enhanced Adult Basic

Education offerings in a focused effort to ensure that poverty reduction occurs

and that the strategy's important objective are met over the long-term; and

WHEREAS this strategy is the foundation of a partnership among citizens, the

government and the community that provides a new and vital starting point for

the journey toward the elimination of poverty in Newfoundland and Labrador;

BE IT THEREFORE RESOLVED that this Honourable House reaffirm its support for

the Poverty Reduction Strategy and its objective of transforming Newfoundland

and Labrador over a ten-year period from a Province with the most poverty to a

Province with the least poverty.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further notices of motions?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Thank you, Mr. Speaker.

I rise today to present a petition on behalf of the residents from Lark

Harbour and people living along Route 450 in the Bay of Islands concerning the

road conditions. I will read the petition because I will be presenting several:

WHEREAS we the undersigned are expressing our concern regarding the

deteriorated condition of Route 450;

WHEREUPON the undersigned, your petitioners, respectfully call upon the

Government of Newfoundland and Labrador to provide the substantially needed

recapping and upgrades for the community of Lark Harbour and extending area of

Route 450.

Mr. Speaker, I stand to present this petition because of the lack of funding

from this government concerning the roads program. It is not a luxury to have

safe roads along Route 450. I wrote this minister and asked him to meet with the

town councils, he refused. I wrote the former minister, the Minister of

Innovation, Trade and Rural Development, he refused. I wrote the former, former

minister, who is now the Minister of Fisheries, to meet with the town councils,

he refused.

I have tried on many occasions to get issues brought forth from the residents

on the north end, South Shore of the Bay of Islands, but every time, I guess, we

hear the rhetoric. We heard from the Minister of Fisheries when he was the

member saying that we put too much money into it and it is time to spread it

around. We see the Member for Lake Melville, who is now the Minister of

Transportation and Works, saying that we never put any in there, that the former

minister was wrong. We never put any in there, that is why the roads are so bad.

Mr. Speaker, there is a safety concern on this road. There are gabion baskets

- in actual fact, when I wrote the former minister, the Minister of Innovation,

Trade and Rural Development, there were two major rocks in the middle of the

road and there were actually two car accidents on that road. Even up to that

point, I could not get the gabion baskets fixed. That is a safety concern. It

just shows the lack of concern for residents.

I say to the Premier, that was not his commitment when he was running in 2003

- how he was going to fix the roads up, how he was going to put money into the

roads. Last year we saw $48 million put into the roads. We saw $12 million of

that not spent. We see $60 million put in for this year. I would estimate there

is $18 million to $20 million of that not spent, and here we see roads and

safety conditions not being addressed.

I call upon the government once again, to fulfil your commitment to provide

safe roads to people. It irritates me, Mr. Speaker, when I get the Minister of

Transportation and Works down in the district and he does not have the courtesy

to meet with one town council in the whole Bay of Islands; not the courtesy of

meeting one.

The road to McIver's, which is on the North Shore of the Bay of Islands -

when he wanted to find out where the road was, the Minister of Transportation

and Works would not call one town council. He took a drive over on a Sunday

morning, he stopped off at a convenience store -

MR. SPEAKER: Order, please!

The hon. member's time has expired.

MR. JOYCE: By leave, Mr. Speaker.

MR. SPEAKER: By leave? Leave has been requested.

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave is granted.

MR. JOYCE: Mr. Speaker, what the minister did, instead of giving the town

councils the courtesy of having a meeting with either of the town councils, he

drove down on a Sunday morning at 11:00 o'clock, dropped off at a corner store

and asked the clerk behind the counter: Would you mind phoning around to see if

there is a town councillor around this weekend to show me where the problem with

the road is? That is the respect that minister has for the people of the Bay of

Islands. I requested meetings at least four times -

AN HON. MEMBER: Leave is withdrawn.

MR. SPEAKER: Order, please!

Leave has been withdrawn.

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

MS JONES: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: Thank you, Mr. Speaker.

I stand to -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I am asking hon. members to keep their conversations -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair recognizes the Member for Cartwright-L'Anse au Clair, who is

presenting a petition.

MS JONES: Thank you, Mr. Speaker.

I am pleased to stand today to present a petition on behalf of the residents

of Williams Harbour, in my district, Mr. Speaker. The community of Williams

Harbour is a small community on the Southeast Coast of Labrador. It is actually

an island that is removed from the mainland by a very small distance. In fact,

it would be easy to put a bridge from this community to the mainland and to

build a road to the Trans-Labrador Highway.

When we were in government, Mr. Speaker, we were intending to do that. We had

a plan in place where we connected six communities to the Trans-Labrador Highway

in that area. The next community to be connected was the community of Williams

Harbour. It was at a cost of $5.5 million to the provincial government. All the

engineering work was done, the environmental assessment work was done. The

actual bridge that was to go across the river was brought in and put on

location. Then, the government, under the Williams' government, decided to

cancel this entire initiative.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: Let me tell you what that means to the residents of -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

There are conversations that are being exchanged across the Assembly which

are preventing the Chair from hearing the hon. the Member for Cartwright-L'Anse

au Clair. I ask members for their co-operation.

The Chair recognizes the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

I think hon. members should listen, because this is a community where

individuals are left in a very difficult situation when it comes to

transportation. Normally, in the winter, the ice would freeze from Williams

Harbour to the neighbouring community of Pinsent Arm where they could get off

the island by snowmobile.

Last year, Mr. Speaker, the ice did not freeze. Because of global warming,

the climatic impact in that area is having a devastating impact upon people.

There was a family last year who made an attempt to get off the island of

Williams Harbour. As a result, two individuals went through the ice and nearly

lost their lives. Because of that, Mr. Speaker, the channel had to be closed.

Unless there is a bridge that is put across that channel to allow them, either

by snowmobile or by road or by some other means, to access the mainland, these

people are actually trapped where they are and are unable to get out of it.

Now, that is a very serious issue and I think it is time that the government

started to take it seriously. What is so disappointing for me is that today the

Minister of Transportation and Works, who happens also to be the Minister

Responsible for Labrador Affairs, who knows this community very intimately, who

knows the difficulties that these people are going through but yet refuses to

address the problem, refuses to make the funds available to do what is needed

and, in fact, this year even refused to put any money into the community to

upgrade the gravel road that goes through the community, which would have been a

very small price to pay.

It is frustrating for people in this community, but in the whole region,

because when the government stands up and boasts that they have a $60 million

allocation for roadwork in the Province, let me tell you, that does not include

Labrador; because, out of that $60 million I would suggest that probably less

than $1 million of it was spent in Labrador,

whereas $59 million was spent on

the Island, and that is a huge problem for me.

The work that is going on in Labrador right now is being done under Phase III

of the Trans-Labrador Highway -

MR. SPEAKER: Order, please!

The hon. member's allotted time has expired.

MS JONES: May I have leave, Mr. Speaker? (Inaudible) interrupted several

times.

MR. SPEAKER: Leave has been requested.

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave has been granted.

MS JONES: Thank you, Mr. Speaker.

I was interrupted several times when I was presenting this petition, so I

appreciate that.

What I was going to say in my concluding remarks is that Phase III of the

highway is a major piece of road development that is going on in Labrador right

now, and people know that the money for that highway was secured under the

previous government and that is the money that is being invested.

When it comes to communities like Williams Harbour, they are definitely at

the mercy of the provincial government to have a road connection to the outside

world. Unless this road gets built, the people in this community, each and every

year, will continue to have to put their lives in jeopardy to be able to access

services, because there is no clinic in the community and they have to go

outside for medical reasons, for educational reasons, for supply and services.

There is not even a gas station there. They have to go outside to get gas and

furnace oil and fuel. So it is a very small investment, I suggest, for the

government to ensure that the quality of life for the people in the community of

Williams Harbour is a lot easier, and indeed they do not have to continue to put

their lives in jeopardy to access the essential services that everyone else

enjoys.

Thank you, Mr. Speaker.

MR. SPEAKER: Orders of the Day.

Orders of the Day

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move Motion 2.

MR. SPEAKER: Motion 2 is, pursuant to Standing Order 11, that the House

not adjourn today, Monday, December 4, at 5:30 o'clock p.m.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

AN HON. MEMBER: Nay.

MR. SPEAKER: The motion is carried.

Motion carried.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move Motion 3.

MR. SPEAKER: The motion is, pursuant to Standing Order 11, that this

House not adjourn today, Monday, December 4, at 10:00 o'clock p.m.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion carried.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

Now that we are really in motion, I move Motion 1.

MR. SPEAKER: Motion 1, pursuant to the Citizens' Representative Act,

reads as follows. I will dispense with the

WHEREAS. It says:

NOW THEREFORE

BE IT

RESOLVED THAT Mr. Barry Fleming, LL.B. be appointed as the Citizens'

Representative.

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

It is my pleasure to speak in support of the resolution to appoint Mr. Barry

Fleming, LL.B., as the Province's Citizens' Representative, pursuant to

subsection 3.(1) of the Citizens' Representative Act.

This appointment will enable the House to fill a vacancy that was created

when the former Citizens' Representative was removed from the post by a

resolution of this House. According to the act, the Citizens' Representative

fills a critical function in our society.

Our government has demonstrated in word and in deed our firm conviction in

the principles of open and accountable government. We have also demonstrated

through our financial investments our unwavering commitment to helping those in

society who need help most. Whether through social initiatives, such as poverty

reduction and violence prevention, or through investments in our justice system,

such as additional money for legal aid resources and the expansion of victim

services, our government has clearly shown that we believe in empowering our

citizens.

The Citizens' Representative is an office that certainly facilitates the

empowerment of our citizens. The person holding the post is an independent

officer of the House, just as the Auditor General and the Child and Youth

Advocate are.

Section 15 of the Act highlights the function of this post.

The Citizens' Representative may, on a written complaint or on his or her

own initiative, investigate a decision or recommendation made, including a

recommendation made to a minister, or

an act done or omitted, relating to a

matter of administration in or by a department or agency of the government, or

by an officer, employee or member of the department or agency, where a person is

or may be aggrieved.

The Citizens' Representative has considerable investigative powers which

enable the office holder to get to the heart of a government decision and make a

judgement about whether someone has been wronged and whether a remedy of some

sort should be made. It is a check and balance against the considerable power

that any government has, and it is valuable in an open and accountable society

for a government's powers to be balanced in this way. It is essential that

such a post be held by someone of the utmost integrity and ability, who is seen

by the public as being thorough, fair, and circumspect in all dealings. We are

very fortunate to have someone of Mr. Fleming's calibre and experience.

He served from 1995-2006 as the legal counsel for the Province's Human

Rights Commission, and from 2003-2006 as the acting executive director of that

commission. As the general legal counsel to the commission and its staff, Mr.

Fleming was tasked with assessing initial complaints to ensure they met legal

and jurisdictional requirements, assisting staff with the legal aspects of

complaints, preparing legal opinions, providing seminars and presentations on

humans rights law, and representing the commission at boards of inquiry and in

the Supreme Court Trial Division and the Court of Appeal.

As the acting executive director over the past three years, Mr. Fleming was

also responsible for the overall management of the commission, including

complaint processing and preparing for and facilitating meetings of the

commission to review complaints. He was also responsible for recruitment,

training and direction of all staff, for developing strong relationships with

community groups and the media, and for overseeing the long-term strategic

planning for the commission. Many of these responsibilities are, of course, very

similar to those that go with the post of Citizens' Representative, so I

expect that he would very quickly begin to feel comfortable in this new role and

be able to get down to work representing our Province's citizens.

Mr. Fleming is a lawyer, and a member of the Law Society of Newfoundland and

Labrador. He had seven years of experience in private practice with an emphasis

on small business law, human rights, immigration and refugee law. He holds not

just a Bachelor of Laws but also a Masters of Business Administration from

Dalhousie and a Bachelor of Arts with a Gold Medal in Economics from Memorial.

He has instructed Business Law at Memorial's Faculty of Business and has

served as an instructor for the Law Society of Newfoundland and Labrador's Bar

Admission Course, and a lecturer for the employees council fall conferences in

2003 and 2006.

With this experience to draw on, he has a thorough understanding of public

administration, including budgeting, human resource management, and

accountability and transparency reporting. He has also developed an

understanding of the structure, processes and functions of various government

departments and agencies. During his tenure with the commission, the

organization has handled some diverse and far-reaching human rights issues,

including mandatory retirement, the certification of foreign-trained dentists,

and the provision of services brought to sick children.

His experience has given him excellent opportunities to hone his skills in

both written and oral communication, research, community and media relations,

annual report drafting, and accountable administration of funds. In short, he is

perfectly suited for this post. We have every reason to believe, based on his

experience, that he will be thorough, fair and bold in taking on the

responsibilities of Citizens' Representative, and Newfoundlanders and

Labradorians will be well served.

I trust that other members will acknowledge his impressive qualifications for

this post and agree with us that we have found someone who is eminently suited

to this vital role.

Mr. Speaker, I am delighted to support this motion today for the appointment

of such a critical position for the people of Newfoundland and Labrador. Mr.

Fleming is an outstanding choice.

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 stand to support the resolution put forward by the Premier. I would like to

welcome Mr. Fleming, not only to the gallery of the House of Assembly but to his

new position as Citizens' Representative for the Province of Newfoundland and

Labrador.

Having reviewed Mr. Fleming's credentials and work experience, I think he

is ideally suited for the position, especially in light of the fact that he has

been acting as the Executive Director of the Provincial Human Rights Commission

since 2003. I also understand that he has been the legal counsel for the

commission since 1995. I am also very impressed with the fact that, even in

private practice, Mr. Fleming spent a considerable amount of time dealing with

human rights, immigration and refugee law. His background, Mr. Speaker,

certainly speaks for itself, and his knowledge of human rights will certainly be

of help to him in his new role.

On behalf of the Official Opposition, we welcome you to this new position.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

I, too, am quite pleased to rise and endorse the appointment of Mr. Barry

Fleming as the new Citizens' Representative for Newfoundland and Labrador, and

welcome him not just to the House but also to his new position.

I have no doubt, and I am quite confident, actually, from reading his

background and from everything that has been said by the Premier, and everything

that we have in writing, that Mr. Fleming is eminently prepared for this work. I

know from people who have had to deal with him in his past position with the

Human Rights Commission, that he brings a wonderful track record in terms of

responding to people's needs and working with the public.

I would like to say that it is going to be very important that we do

everything to use Mr. Fleming's expertise and experience to the absolute

maximum, and therefore I urge the government at this time to make sure that

sufficient resources are put in place to support him in doing the work that he

has to do. It is very hard work, and sometimes a thankless job.

There has been a history of a long waiting list of citizens wanting

investigations done on legitimate complaints, so I really urge government to

ensure that we put everything in place to support Mr. Fleming to make sure that

any waiting list that exists is eliminated, and we keep a waiting list at the

absolute minimum.

Thank you very much, and welcome to Mr. Fleming.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Are there further speakers to the resolution?

The resolution is: THEREFORE

BE IT RESOLVED THAT Mr. Barry Fleming, LL.B. be

appointed as the Citizens' Representative.

All those in favour of the motion, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: Contra-mined, nay'.

The motion is carried unanimously.

Congratulations, Mr. Fleming.

Motion carried unanimously.

SOME HON. MEMBERS: Hear, hear!

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call, with leave, first reading of Bill 60,

An Act To Amend The Income

Tax Act, 2000 No. 2.

MR. SPEAKER: The Chair wished to confirm that leave has been granted.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Leave is granted.

It is moved and seconded that the hon. the Minister of Finance and President

of Treasury Board shall have leave to introduce a bill entitled,

An Act To Amend

The Income Tax Act, 2000 No.2 (Bill 60)

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce this bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Finance and President of Treasury Board to

introduce a bill, "An Act To Amend The Income Tax Act, 2000 No. 2,"

carried. (Bill 60)

MR. SPEAKER: It is moved and seconded that Bill 60,

An Act To Amend The

Income Tax Act, 2000 No.2, be now read a first time.

Is it the pleasure of the House to adopt the motion 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'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Income Tax Act, 2000 No. 2. (Bill 60)

MR. SPEAKER: Bill 60,

An Act To Amend The Income Tax, 2000 No. 2, has now

been read a first time. When shall the bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 60 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move, with leave, first reading of Bill 59,

An Act To Amend The Members

Of The House Of Assembly Retiring Allowances Act.

MR. SPEAKER: The Chair will assume that leave has been granted for those

bills.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Leave is granted.

It is moved and seconded that the hon. the Minister of Finance and President

of Treasury Board shall have leave to introduce a bill entitled,

An Act To Amend

The Members Of The House Of Assembly Retiring Allowances Act. (Bill 59)

Is it the pleasure of the House that the hon. the Minister of Finance and

President of the Treasury Board shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Finance and President of Treasury Board to

introduce a bill, "An Act To Amend The Members Of The House Of Assembly

Retiring Allowances Act," carried. (Bill 59)

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

first time.

Is it the pleasure of the house to adopt a motion 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'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Members Of The House Of Assembly

Retiring Allowances Act. (Bill 59)

MR. SPEAKER: Bill 59,

An Act To Amend The Members Of The House Of

Assembly Retiring Allowances Act has now been read a first time. When shall this

bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 59 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call Order 2, Bill 39,

An Act To Amend The Provincial Court Judges'

Pension Plan Act No. 2.

MR. SPEAKER: It is moved and seconded that Bill 39,

An Act To Amend The

Provincial Court Judges' Pension Plan Act No. 2, be now read a second time.

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

Judges' Pension Plan Act No. 2." (Bill 39)

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I will be very brief on this one. This follows from the resolution on the

tribunal for Judges' Salaries and Benefits that was already adopted and

addressed here by the House. This just puts into effect what we already adopted

and accepted under the resolution there. It is all evident in the report that

was tabled here, I guess, the day the House opened. I think the very first day

it opened, or at least a week ago Monday it was tabled. It is pretty

self-explanatory and all the details are in that, so I am not going to

elaborate. It is just on the pensionable aspect of that which pertains to my

department. That is why it is necessary to move and amend the current Act to

allow what the tribunal recommended here for it to happen. That is basically it.

It is more a formality, Mr. Speaker.

Thank you.

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

MR. PARSONS: Thank you, Mr. Speaker.

I would concur with the comments of the Government House Leader. It is a

matter of, as I say, putting into place what we already resolved last week. It

is a housekeeping matter that has to be done in order to give true effect to

that piece of legislation we dealt with last week. We will certainly be

supportive of that piece of legislation, no question.

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

MS MICHAEL: Thank you, Mr. Speaker.

Obviously, I am supportive of the piece of legislation and we did talk about

it last week. However, I do want to make one comment today, not to stand in the

way of passing it but because I believe this comment must be made.

Obviously, I believe that the government must do this and I think it should

be done, and I have no problem with things being improved for retired judges,

but I do have a problem with the fact that this government refuses to see the

need to fix the pensions of public sector workers who are making such little

money that their members, more and more, are having to access the service of

food banks around this Province and who are having to choose between buying food

and paying for drugs.

I met people when I was canvassing Signal Hill-Quidi Vidi who did not have

adequate money; people who were NAPE retirees, people on pensions who were doing

exactly what I am talking about; people who were saying to me: What am I going

to do? You know, it is fine and dandy to take care of retired judges, we have to

do that, but what about the people who have the least amount of money in our

society? It is totally unacceptable that some of the growth in food banks is

coming from pensioners, from public sector pensioners. It is absolutely

unacceptable.

Pensions that they now have, which have not been changed since 1989, are only

worth fifty-five cents by today's dollar. When the government opposite me sat

in Opposition, many of the sitting members told NAPE pensioners that they were

being treated unfairly and were due an increase immediately. Well, I am

wondering what immediately means. This government has now been in place since

2003 and are showing no move with regard to changing the situation for the NAPE

pensioners.

Many of the hon. members sitting on the government side right now walked

shoulder to shoulder with NAPE members protesting against the government of the

day and told them that they supported them and that, yes, they would do

something about their situation when they became government. Well, I see nothing

happening.

My question to the government, and something I want government to think

about, is: How can this government, in good conscience, bring forward the

current bill without promising they are going to deal with the situation of the

public sector pensioners in this Province?

Thank you, Mr. Speaker.

MR. SPEAKER: If the hon. the Government House Leader speaks now he will

close debate on this bill at second reading.

The hon. the minister.

MR. SULLIVAN: Thank you, Mr. Speaker.

With reference to the Member for Signal Hill-Quidi Vidi, I will indicate that

this government already has put almost $2 billion into the Teachers' Pension

Plan. We are committed this year to putting $800 million to borrow to put into

the Public Service Pension Plan. We gave that commitment. We allowed for

approval for borrowing within the budget. It has gone through Cabinet. That

approval is given and, Mr. Speaker, I am sure we will see that in due course. We

have given that commitment to do that. Every single responsibility that we have

under the pension plan we have fulfilled. The pension plan with teachers was

over $2 billion unfunded. The public service is about one point three range

unfunded, or higher actually, depending on its performance in any given month.

We have made significant investments, and before this year is out we will have

put close to $3 billion in pension funds that guarantee in the future there will

be a pension to receive. That is very, very important.

This particular bill here, a lot of times a judge does not get appointed

until fifty, fifty-five, sixty, sixty-two. Obviously, you would not expect the

same period of pension to qualify for a judge because usually they are not

appointed at the beginning of their legal profession. They normally get

appointed near the end of their legal profession. That is why it is important

that there be a different arrangement for that.

This went to the tribunal, of course. Government put forth positions for the

tribunal. The representative judges put forth certain proposals to that tribunal

there. It is tabled. Everybody can look at all of this in detail on every aspect

of this tribunal.

With reference to that, they came back and the recommendation here we are

following. We think it is reasonable. We, in its totality, accepted that

independent tribunal's decision to move forward and that is what we are doing

here in this particular bill, Mr. Speaker.

We have fulfilled commitments. We will have done, before this year is out,

probably $3 billion worth of commitments to people in the Province. Everybody

getting a pension in this Province - a pension is based upon your income and it

is based upon your years of service. Every single person, according to the law

in this Province, is getting a pension based upon those factors. There is nobody

otherwise. Anybody who gets a low pension, we sympathize with them. They get a

low pension because their years of service was lower, or their income at the

time was lower, and where there was no indexation of it, and with the

inflationary factor, Mr. Speaker. We have followed that, Mr. Speaker.

We have looked at doing something. I met with the pensioners' association

on many occasions. What we said to them: If you are making $7,000 a year, or

$12,000 a year - somebody else is making $12,000 a year at no pension, somebody

else is making $12,000 a year with a partial pension, is there any difference in

me, you, and these others? If we are all making $12,000, shouldn't we treat

everybody the same? What did we do? We went out and reduced, eliminated, income

tax for people, actually, under $11,500. We went out and we said: Anybody below

this level, there are certain supplements and certain things under our Poverty

Reduction Strategy.

We said: We cannot distinguish between a citizen of this Province, whether

they worked for government or they worked for private industry. If you have the

same income, you deserve the same benefits for us looking after those

individuals. I think it is very important that we have to be fair. We cannot

make chalk of one and cheese of another. We cannot treat people of this Province

on one hand one way, our employees one way, and ignore the rest of the people of

the Province.

Anybody who stands for fairness, for equity and equality, would be very much

in favour of what we have done here because it is done on a ration. It is done

on a basis that recognizes every Newfoundlander and Labradorian within certain

income levels, not who your employer happens to be. That is why we stand on a

record of what we did as being very significant. With $3 billion we are securing

the future for people, that in the future this problem will not be there. We are

going to eliminate it for roughly 50,000 people around our Province who are

depending on pensions from the public sector in different areas. We lived up to

that commitment, we are moving forward on it, and we wanted to secure that when

nothing was done.

In fact, we have a little over $2 billion in assets and liabilities. In

total, we needed $6.5 billion in there to fix it. It was becoming so serious

that the Teachers' Pension Plan would have run out in another seven years, a

little over seven years. The Public Service Pension Plan, while half-funded,

would have run out at some point in the future, not an imminent problem but it

would be in the future. So, why pass those debts on to the future generations?

We want our young people to be removed from the shackles and burdens of society

that were inflicted on them by previous generations. We want to give them an

opportunity to be able to work and live here in our Province and not be indebted

by what somebody else did.

That is our philosophy, Mr. Speaker. That is why we are heading in that

direction, and that is why we are bringing sensible legislation to this House of

Assembly to correct inequities and treat people in this Province alike,

regardless of who you happen to work for.

With that, I move second reading of this bill.

SOME HON. MEMBERS: Hear, hear!

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

Bill 39,

An Act To Amend The Provincial Court Judges' Pension Plan Act No. 2,

be now read a second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Provincial Court Judges' Pension

Plan Act No. 2. (Bill 39)

MR. SPEAKER: Bill 39,

An Act To Amend The Provincial Court Judges'

Pension Plan Act No. 2, has now been read a second time.

When shall this bill be referred to a Committee of the Whole House?

MR. SULLIVAN: Presently, Mr. Speaker.

MR. SPEAKER: Presently.

On motion, a bill, "An Act To Amend The Provincial Court Judges'

Pension Plan Act No. 2," read a second time, ordered referred to a

Committee of the Whole House presently, by leave. (Bill 39)

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for second reading of Bill 58,

An Act To Implement The Convention

On International Interests In Mobile Aircraft Equipment.

MR. SPEAKER: It is moved and seconded that Bill 58,

An Act To Implement

The Convention On International Interests In Mobile Aircraft Equipment, be read

a second time.

Motion, second reading of a bill, "An Act To Implement The Convention On

International Interests In Mobile Aircraft Equipment." (Bill 58)

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

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

I am pleased to rise to introduce Bill 58, and it is entitled,

An Act To

Implement The Convention On International Interests In Mobile Aircraft

Equipment. The explanatory note says: "The purpose of this Bill is to

implement the convention ..." and it is referring to an international

convention called The Convention on International Interests in Mobile Equipment

which was open for signature in Cape Town on November 16, 2001. This bill will

parallel similar acts that are taking place in other Canadian provinces and

arises from recommendations of the Uniform Law Conference of Canada.

Mr. Speaker, the purpose of the bill will be to put in place legislation as

unified international security regime for the registration, notification and

prioritization of security interests in aircrafts and aircraft equipment. This

legislation will signify to the world that Newfoundland and Labrador certainly

supports measures to modernize and unify international commercial law respecting

financing of aircrafts and equipment used in aircraft construction - I know that

the hon. the Member for Gander, in particular, has a major interest in that

particular area - a matter of international commercial law upon which Canada has

placed a high priority, its ratification of the convention and its associated

aircraft protocol.

The convention was prepared by the International Institute for the

Unification of Private Law, also known as UNIDROIT, which is an

intergovernmental organization based in Rome whose mandate is to modernize and

harmonize throughout the world a private and commercial law amongst sixty member

States which compromise organization. Canada joined this organization in 1968

and we continue to remain active in supporting the initiatives of this

organization.

The convention, Mr. Speaker, will establish legal rules and procedures and

provide for the registration and prioritization of security interests, such as

liens and other charges, upon high value mobile equipment which readily cross

national and international borders.

The convention will establish a single electronic registry, an international

registry. It will be based in Dublin, Ireland where the liens and charges are

registered and where the priority of the liens and charges will be established

on the basis of, the first in time of registration will be first in priority

against that particular aircraft or equipment. This protocol applies to benefits

of the convention to, as I said, aircrafts and aircraft equipment.

The convention and the aircraft protocol operate in a similar manner to what

we have in this Province known as a Personal Property Security Registry which

serves to register security interests against property and to assign priority to

the interests which are registered. All provinces in Canada have personal

property security legislation dealing with the perfection and the prioritization

of security interests and have established personal property registries for the

registration of such interests. As I said, we, here in this Province, have a

Personal Property Security Registry. None of the provinces, however, has a

personal property security regime that is suitable to address the unique

situation involving rights respecting aircraft and aircraft equipment which, of

course, by their nature are highly mobile and which can fly away out of the

jurisdiction of a particular province or state and which constantly will cross

national and international boundaries.

The establishment of a respected uniform security regime for the aviation

industry and an international registry to register liens and charges will

provide confidence to lenders and investors that their interests are, in fact,

secured and will enable increased financing to be made available and will permit

more cost-effective buying, leasing and selling of aircrafts that will minimize

the risk of financial loss. It is expected that risk will be reduced for

creditors and that there will be a consequent reduction in borrowing costs for

those who borrow money to purchase aircraft or manufacture aircraft equipment.

Canada has indicated approval for the convention in aircraft protocol but has

not yet filed official ratification documents with the international

organization UNIDROIT . The practice of the federal government is that it will

ratify treaties which impact upon provincial legislative powers, in this case

personal property security matters, when there exists sufficient support from

the provinces for such ratification.

We are advised, to date, Mr. Speaker, that the Provinces of Ontario, Nova

Scotia, Alberta and Quebec either have or are putting in place legislation to

give effect to the convention and the protocol when Canada has officially

ratified the convention.

The federal government, Mr. Speaker, is actively promoting implementation of

the convention and the protocol on the remaining provinces so as to be in a

position to promote Canada as a modern jurisdiction for aircraft financing and

to give assurance to foreign nationals that Canada is committed to rules which

are accepted and predictable in relation to security interests in aircraft

equipment. Support for the convention and the protocol will have no cost

consequences for this government and will portray the Province as a jurisdiction

which supports a modern and a uniform regime for the financing of aircraft and

aircraft equipment.

Mr. Speaker, I thank you for the opportunity to present this legislation. I

ask the support of all hon members. I move second reading of this bill.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

I had an opportunity to go through this particular Bill 58. In fact, it is

quite lengthy. It is sixty-nine pages long of which sixty-two pages are the

convention itself, which was done in South Africa, and the six pages which we

specifically drafted here to adopt that convention and make it part of our law.

The minister, of course, is quite right when he says this is a case where you

have two levels of authority in Canada. Some are federal jurisdictions, some are

provincial. Because there is an overlap here in terms of personal property or

proprietary interest rights, which is provincial, the federal government of

course in those circumstances usually goes to the province and says: Look,

albeit there may be some crossover, we would like your co-operation in making

this international and this national law applicable in your jurisdiction. It is

a co-operative venture and we understand it needs to be done.

I noticed as well, it takes some time to get here. We are here at the end of

2006 and the convention itself, I do believe, was ratified back in 2001. Albeit

we are five years out - of course the wheels of the legislative sessions do not

always turn quickly - I guess it is a case of better late than never. We are

supportive of this in principle and will be voting in favour of this bill.

Thank you.

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

MS MICHAEL: Thank you, Mr. Speaker.

We, too, will support the bill. We fully understand the importance of the

convention and the importance for the two levels of government to work together.

I would like to use the opportunity of this bill though to talk to how we

deal with legislation in the House. If one were to really take this bill

seriously, one would read the convention very carefully and then cross reference

between the six pages of the bill and the sixty-two pages of the convention.

That is a very difficult thing to do when one receives the bill late on a Friday

afternoon, especially as an MHA, when Friday, in particular, is a day that many

of us devote to our constituents. This past Friday, for example, I had four

events in a row in my district supporting my constituents. Getting highly

technical bills late on Friday and being ready to speak to them on Monday is a

difficult thing to do, especially when you have the few resources that we have

as the third party in the House.

I think we have shown in the House over the past two weeks, and I have shown,

that even bills that look like they just need rubber-stamping can be improved. I

think that I showed that with Bill 23 on the human research ethics authority

when, in discussion with the Minister of Health and his officials, I was able to

bring forward amendments to the bill that were seen as important amendments.

I think we also saw it with Bill 38, the bill regarding flea markets. Again,

a bill that looked very simple and nothing to it, was able to be improved in the

regulations that will go with that bill by adding an amendment that we brought

forward as well. In both cases, I was very happy to be able to talk to the

ministers and to have input with regard to those bills.

I think those two examples point out the importance of all parties being

involved in an engaged way in all of our legislation. The main reason we are

here in this House is to make and pass legislation that is good for the people

in this Province. That is why we are here. I am finding that bills are coming at

us at such a rate that it is taking everything that I have to keep up with that,

and everything that my resources have to keep up with that, to be sure that we

are engaged in the legislation. I am not willing to be a member of this House

and only rubber-stamp bills. That is not why I am here. I will take every word

that is written and presented to me as being important and therefore requiring

my attention. I would ask that we start considering, in this House, the use of

legislative committees where we can have briefings, where we can seriously look

at issues that are before us in legislation.

I understand from the Minister of Finance - well, we understand it because

the motion was brought here on the floor today by the Minister of Health - that

we have a pretty comprehensive bill that we are going to get some time at the

end of this week with regard to health, and that bill, we are going to receive

it either Thursday or Friday and we are going to be expected to have an in-depth

discussion on that bill some time next week.

I think when we have bills like that coming to the House we should have time

for briefings, we should have time for discussion and to have real input. As I

said a minute ago, I think I have proven, in the last two weeks in this House,

that the more minds that look at something the better is the product at the end.

That has been shown in this House.

I want this House to consider, and I want the government to consider, the

need for us to start getting bills ahead of time. Every department knows ahead

of time when the sessions are starting. Those decisions are made. We all knew

well ahead of time that some time in late November this House was going to sit.

I think we could at least expect, as members of this House, to receive every

bill that is going to be dealt with during a session at least one week before

the House sits so that we have the time to take that legislation and see what is

legislation that is going to require intense study.

I do not think that is too much to ask for. It is certainly my expectation,

as somebody sitting in this House. I am not somebody who is used to having

something passed to me to rubber stamp. I am not used to saying, oh, yes, I

understand, when I do not understand. I will ask questions and I will try to

understand, and I think that is the responsibility that I carry on my shoulders

as an MHA.

I will be looking for other ways to discuss this issue as time goes on. I

think I will be finding the correct minister to speak to - in this case, the

Minister of Justice - to talk about this. I will find every opportunity I have

for us to seriously consider ways in which we can maximize the use of all of us

in this House, the use of all three parties, as we put together legislation for

the people of this Province.

Thank you very much.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

My colleague will certainly comment when he closes the bill. I want to

comment on the Member for Signal Hill-Quidi Vidi.

I have been around the House now going on fifteen years. When a bill is

circulated - we have to move first reading before we can circulate a bill and do

second. We came into this House in the fall, I guess two weeks ago from today,

and there was nothing on the Order Paper, not a bill on the Order Paper, really,

expect the Speech from the Throne. We had to get leave on Monday to do notice

and first reading so we could get the bills circulated. We even had to get some

bills circulated. What we had, we got them out. What was available to be put out

was done; what is drafted and printed is done. There is a whole process from the

spring legislation over the course of the summer, into the fall, where we are

meeting. There is a process to go through. It goes through committees of

Cabinet.

All the while I have been here, I have often gotten a bill the night before

and the next day we dealt with it. That has been customary there. I know the

member is (inaudible) the House. What she is saying might be a very valid point,

but there is a lot of legislation. It has to pass stages. It goes to committees.

It goes to Cabinet. It goes back from Cabinet on times. There could be

amendments. It has to go to a drafting form. You have to look at the changes in

drafting there to make sure that is suitable, clear it through the Executive

Council, back through the department involved and get it there.

I have advanced every single bill. We have moved legislation reasonably

quickly through the House, granted, but they have not been new. There have been

amendments to certain legislation out there and, I might add, much of it has

been routine, fairly routine. Amendments are necessary. Some have to be done in

this session, obviously, it is very important they have to be done in this

session, and I have advanced them.

I had eight bills, I think, circulated on Friday, which is three days in

advance. I have worked all night. My colleagues here in this House, in the past,

and the history of this House, if you go back, I would say I have advanced bills

as I get them. Every single one now that can be advanced and tabled is done here

in this House. That is the process we go through. I give notice in first reading

for leave to get them out today so we can have bills for Thursday in the House,

and they are going through stages.

We have, I think, four people working drafting bills. There is a lot of work

involved. There is a lot of detail, and it is a process we follow. In fact, the

process is - I would think they are moved out as quickly as they have ever been.

I communicate what is coming the day before with my colleagues there. I do not

know what is customary. I cannot speak for the past. I even give the order that

it will be, if we go beyond it to get the order. It is the member's

prerogative if she wants to move something to a committee. That is prerogative;

that is in the laws of the House. There are by-laws, there are Standing Orders

to be able to accommodate that. That can be done. If there is a contentious

point she wants clarified, she can ask the member, sit down with the department.

Any minister is willing to do that. We have gone to every single level that we

can.

We have a responsibility to the people of the Province to move legislation

through the House. There is a process. It has to go through approval to make

sure that what we put here is sound, that we do not have to be out putting

legislation on and we have to look at an amendment. We want to make sure

thoroughly that it has gone through all, every single aspect.

There were sixty-some possible bills. We prioritize the ones that have to get

through, and move these through. This is an ongoing process from the spring to

the fall. We have been putting about seventy bills a year through the House, and

that has been as many bills as have ever gone through in a particular year. We

are trying to clean up certain legislation. There are a lot of technical things.

We want to streamline it. We want to look at red tape reduction, that we have

less bills out there, and being able to include that in some of the legislation

and aspects.

There are a variety of things that we do in that process. I have provided

eight bills, which would carry us for Monday and Tuesday. I gave notice today,

and hopefully we will get circulated, as soon as we can, these bills so people

have them. That is par for the course. In fact, most of the bills that I have

seen going through the House in a lot of instances have gone through on very

short notice. We have research people to look through, do the work on these,

spend evenings and nights, the critic in these areas. The member, with just two

on their side, well, there is more work to be involved. People on the Official

Opposition, with eleven, they can spread their critic's area over more people.

We functioned over there with nine people, when I took over the party as leader,

with nine people. We had to go through every bill. The Speaker knows quite well,

we spent days, weekends, doing nothing but going through bills, consulting

people out there. There is a consultation process that departments carry out,

too, in moving a lot of legislation.

I can tell you, Mr. Speaker, the process we have gone through, I think, is

probably as good as was ever gone through here. We keep them informed on this.

There are no surprises here. Most of my time I sat there, I did not know until

the House Leader got up and said we will call this particular bill. We did not

know what was coming next. We had to go out to a caucus room, if someone went

out to make a call, to get them in to answer to their bill.

I have given a heads-up on the order that has been called here today, and

gone to every limit we can to be co-operative in that regard. There are

prerogatives the member has, it is clear in the Standing Orders of this House,

and there are procedures there. We are in no way trying to rush bills through,

and ram bills through and that. I am open for discussion on any bill that needs

discussion, or any particular thing, but it is incumbent on members to have to

spend time to do their homework on bills. It takes time, it takes work; the same

as we do here on our side. I went through that for eleven-and-a-half years,

trying to be informed and read legislation; took out the Statutes, compared them

to what is there now. We have done that. There is nothing new about that. In

fact, I would say it is probably facilitated as much as humanly possible. There

is not a bill that we are holding back that is drafted and ready to go, not one

single one.

Now, while I am off the topic - the member was off the topic - with that, I

will not make any further comments.

MR. SPEAKER: The hon. the Opposition House Leader, making a point.

MR. PARSONS: Mr. Speaker, I did not anticipate what I was going to have

to get into, having any comments regarding this issue, but the Member for Signal

Hill-Quidi Vidi did, I believe, raise a very legitimate point about the

timeliness in which legislation is delivered. I do not agree that the Government

House Leader is in any position to get up here and lecture the Member for Signal

Hill-Quidi Vidi, or anybody else, about what the legislative process is, and I

do not think he needs to go on the defensive.

We, for example, in the Official Opposition have at least been extremely

co-operative with this Government House Leader since this House was opened to

try to get his legislative agenda, and his government's legislative agenda,

processed and processed in a timely manner. Instead of taking the offensive, as

he has done here, or defensive, whatever you want to call it, and getting up and

berating another member because she asked for some more time - in some cases, as

the Member for Signal Hill-Quidi Vidi said, we are dealing here with a

sixty-nine page piece of legislation, some of which is very technical in nature,

and she received it on Friday afternoon.

Now, I did tell the Government House Leader: Yes, you e-mail me what you have

done and we will undertake to do our best to see that it is circulated and that

our critics are in a position to debate it and move it on Monday, but that does

not take away from the Member for Signal Hill-Quidi Vidi's right to have

sufficient time. We certainly, over here, do not speak for her. She has her

rights here in this House. I would say and encourage her, anytime that she gets

a piece of legislation come across the House that she is not comfortable with

and she wants time to deal with it, by all means she should, and I would be

supportive of her in doing that. I think that is the approach we need to take

here.

If the minister and the Government House Leader has thirty or forty bills

that he wants to get processed, we know the timelines. Don't come in here and

say that there is a process you had to go through of consultations and executive

and back for amendments and draftings and everything else: Now, get your work

done and I can't help it that you only have two members. I say to the

minister, back this picture up far enough if you have to. The ultimate

responsibility is on the government to deliver the legislative agenda, and I say

it is incumbent upon the government to make sure we get it in a timely fashion.

If that is the way the Government House Leader wants to get on, we will not be

having eight pieces of legislation e-mailed to us on a Friday and told we are

going to deal with it on a Monday. We are either going to play this game

properly, reasonably, sensibly or else we are going to have a problem here, I

would suggest.

Thank you very much.

MR. SPEAKER: Order, please!

I know a number of members are speaking. We are doing second reading of Bill

58,

An Act To Implement The Convention On International Interests In Mobile

Aircraft Equipment. Members know that you speak once, and we have had some

variation of that. We have had some, I guess, variation of relevancy as well.

The Chair would ask that we get back to the second reading of Bill 58,

An Act To

Implement The Convention On International Interests In Mobile Aircraft

Equipment.

The hon. the Minister of Finance and President of Treasury Board. If he

speaks now he will close debate at second reading.

The hon. the Minister.

MR. T. MARSHALL: I do not think there has been a Cabinet shuffle that I

am aware about, Mr. Speaker.

MR. SPEAKER: I am sorry. The Chair apologizes. I do believe that is the

second time I have done that in this session. Maybe it might be some kind of a

wish list or something. The Chair apologizes.

The hon. the Minister of Justice and Attorney General.

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

I certainly can understand the comments that the Member for Signal Hill-Quidi

Vidi made with respect to dealing with legislation. It is certainly not the

intent of this side of the House to expect or ask members opposite to rubber

stamp legislation. Based on the people I have seen in this House, and I include

the Member for Signal Hill-Quidi Vidi in that, I do not think the people here

are the type of people who are prepared simply to rubber stamp legislation that

government intends to put through. I will say that from time to time even the

minister who is presenting the legislation does receive the drafted legislation

quite late. There are times when I have been in the House where I have seen the

legislation that day for the first time. I know it can lead to confusion here.

When we debated the amendments to the Notary Public Act, I know that the

Opposition House Leader was incensed with some wording in the amendment, wording

which said that the Minister of Justice had the authority to cancel a notary

public certificate without assigning a reason for doing so. He called it

draconian, he called it communistic and called me every name in the book, if I

recall correctly. As a matter of fact, I was concerned. Of course, the reality

was that particular provision, we were not bringing that in. That provision had

been on the books for over thirty-six years. The particular piece of legislation

that we were bringing in was because of the fact that I would not exercise the

authority that I had, as Minister of Justice, to take away somebody's

certificate as a notary public. I refused to do so, unless there was legislation

that permitted me to do so.

The Law Society had called upon me to exercise that authority. I would not do

it. The Opposition House Leader, when he was Minister of Justice, he would not

do it. The Law Society said to us: Well, there is a situation when you should

exercise that authority. That was when a lawyer, who is a notary public, had

been disbarred and there was a process where the rules of the Minister of

Justice had applied. What would happen, that lawyer would be disbarred, he would

lose his right to practice law, but he could still, as a notary public, carry on

business under the guise of the notary public certificate and practice law as

well.

It is important that we all get the legislation as quickly as possible so

that we can analyze it and think about it. Sometimes we just cannot do that, but

I certainly will undertake with members opposite to try to get legislation to

them as quickly as possible because, as the hon. Member for Signal Hill-Quidi

Vidi did say, sometimes the more people look at something and analyze something,

good ideas can come from all sides of the House and that is to the benefit of

the people of this Province.

With that, Mr. Speaker, I will move second reading of the legislation.

SOME HON. MEMBERS: Hear, hear!

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

Bill 58,

An Act To Implement The Convention On International Interests In Mobile

Aircraft Equipment, be now read a second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Implement The Convention On International

Interests In Mobile Aircraft Equipment. (Bill 58)

MR. SPEAKER: Bill 58,

An Act To Implement The Convention On International

Interests In Mobile Aircraft Equipment has now been read a second time. When

shall this bill be referred to a Committee of the Whole House? Presently?

MR. SULLIVAN: Yes, Mr. Speaker, presently.

MR. SPEAKER: Presently.

On motion, a bill, "An Act To Implement The Convention On International

Interests In Mobile Aircraft Equipment," read a second time, ordered

referred to a Committee of the Whole House presently, by leave. (Bill 58)

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call second reading of a bill,

An Act To Amend The Fish Inspection Act.

(Bill 57)

MR. SPEAKER: It is moved and seconded that Bill 57,

An Act To Amend The

Fish Inspection Act, be now read a second time.

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

Act." (Bill 57)

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

MR. RIDEOUT: Thank you, Mr. Speaker.

I am very pleased this afternoon to introduce for debate before the

Legislature Bill 57,

An Act To Amend The Fish Inspection Act.

Mr. Speaker, this legislation is very important to the Newfoundland and

Labrador fishery. Appropriate fish inspection protocol, Mr. Speaker, is

essential to ensuring the quality of our seafood products is maximized.

This act, Mr. Speaker, regulates inspection. It is meant to ensure that

appropriate fish inspection protocol is adhered to through provisions such as

those related to infractions and ticketing.

Members will recall, Mr. Speaker, that almost a year ago to the day, really,

I stood in this House to introduce amendments to the Fish Inspection Act. These

amendments, at the time, were made to strengthen the Province's enforcement

mechanisms under the act with the intent of ensuring improved compliance from

industry, which would lead to an increase in the Province's ability to enforce

quality control regulations.

The amendments, Mr. Speaker, that were passed a year ago certainly

strengthened the authority of the act from a law enforcement perspective; but,

Mr. Speaker, unfortunately, nothing is perfect. To that end, Mr. Speaker, we are

bringing forward additional amendments to the act today which will clarify

certain aspects of the legislation and further strengthen law enforcement

mechanisms. Mr. Speaker, we are committed to exercising due diligence in

ensuring that this act maintains the strength it needs and that any identified

deficiencies are addressed as quickly as possible.

Mr. Speaker, as everyone is aware, Fishery Products International was

extensively investigated earlier this year as it related to the unauthorized

shipment of unprocessed yellowtail flounder out of the Province. Mr. Speaker,

the investigation of FPI is likely the broadest investigation that the

Department of Fisheries and Aquaculture ever carried out in its history. During

this investigation, the department identified that various changes to the Fish

Inspection Act would be advantageous as it relates to the department's

enforcement activities. In other words, our experience showed us, Mr. Speaker,

through this major investigation, significant deficiencies that existed within