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October 23, 2018

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 29

The

House met at 1:30 p.m.

MR. SPEAKER (Trimper):

Order, please!

Admit

strangers.

Before

we do begin routine proceedings today, I would like to observe an old

parliamentary tradition. I do have the pleasant task of formally welcoming a new

Member who was duly elected in the by-election of September 20, 2018.

The new

Member is Mr. Ches Crosbie, representing the District of Windsor Lake. I have

been advised by the Clerk of the House that the Member has taken the Oath of

Office and the Oath of Allegiance to the Crown, as required by the Constitution,

and has signed the Members' Roll.

(The new

Member for Windsor Lake, along with the Opposition House Leader, enter the

Chamber through the main doors, approach the Chair and bow to the Speaker.)

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Official

Opposition House Leader.

MR. HUTCHINGS:

Mr. Speaker, I present to you

the newly elected Member of Windsor Lake, Mr. Ches Crosbie, and I ask that he

take his seat.

MR. SPEAKER:

Let the Member take his seat.

Welcome,

Sir.

MR. CROSBIE:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

(The new

Member and the Opposition House Leader then approach the Chair and exchange

greetings with the Speaker. The new Member is escorted to his seat by the

Opposition House Leader.)

MR. SPEAKER:

I would like to take this

occasion to welcome all Members back to this House of Assembly, and I would like

to start today with a tribute.

On the

18th of August 2018, our hearts were shocked and saddened on the passing of

Meech Kean – a member of the House of Assembly press gallery, and legislative

reporter to VOCM news.

I'm

certain all Members of this hon. House can attest to Meech's professionalism as

a journalist, and his knack for delivering fair and balanced reporting; as well

as his sense of humour, his endearing personality and determination. In the days

that followed his death, I'm sure we all read the numerous outpouring of

sympathy and fond memories for Meech. It was very evident that he was well

respected by not only his family, friends and media colleagues, but by all those

he encountered throughout his career as a journalist.

Fred

Hutton, CBC news reporter and former colleague of Meech at VOCM said it well in

a Facebook tribute post, and I quote: “Despite his size and presence, he

disarmed people with his wide smile and sense of humour. He was a direct, but

fair. Firm, but compassionate.”

We are

all aware of the circumstances surrounding Meech's passing, and as such, I want

to speak about the issue of mental health in our society. “Eliminate the Stigma

and Illuminate the Light” is a slogan used by “Moving Forward,” a group in

Labrador who advocate on the importance of speaking about mental health, suicide

and the need to seek help. It must be a collective effort of us all to tackle

the issues around mental health awareness, and we must all rise up to the

opportunity to be leaders in our communities in effecting change.

behalf of all Members of this hon. House, let me extend sincerest sympathy to

Meech's family, his friends and his media colleagues, particularly the members

of the press gallery.

I would

ask all Members of this House to rise and join me now in a moment of silence in

honour of Meech.

(Moment

of silence.)

MR. SPEAKER:

I thank you very much.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

Mr. Speaker, thank you.

I rise

on a point of privilege.

To put

this matter in context, we need to recall that it was only one year ago, in

October 2017, that the #MeToo movement took off, followed weeks later by the

Time's Up campaign, both of them intended to draw attention to the prevalence of

harassment in the workplace and the impact, particularly, on women; women and

others in this province determined to put an end to the culture of bullying,

harassment and intimidation that pervades so many workplaces in our society,

including the offices of government and our own House of Assembly.

A new

harassment policy was put in place for the Executive Branch of government, and I

called for the establishment of a Legislature-specific harassment policy. The

House passed a resolution last year to direct the Standing Committee on

Privileges and Elections to create this policy and we look forward to its

implementation.

Serious

allegations have been brought forward of harassment by Members of this House

against other Members, and they need to be dealt with properly. The

investigative process was untested in this regard, so we put it under a

spotlight. The Management Commission voted to establish a parallel process on an

interim basis meriting the policy of the Executive Branch; but, in the meantime,

investigations proceeded under the direction of the Commissioner for Legislative

Standards under the existing code of conduct process, defined in the

House of Assembly Accountability,

Integrity and Administration Act .

To say

the process has had its problems would be to make an understatement. The

integrity of the entire process has been called into question, particularly as

investigative reports have apparently been leaked and debated in the public

arena. Even at this moment, they have not been formally tabled; yet, they are

reportedly circulating in public. Recently, the media reported they had come

into possession of some of the reports and announced that those reports had

cleared certain Members of certain allegations.

Sunday, another media report discussed findings regarding a Member. Most

seriously is what happened on Friday afternoon, when, according to the press,

the now independent MHA for Mount Scio issued a news release containing reports

purportedly from the Commissioner into allegations made against him by two other

Members. His breach showed the confidentially of these two reports.

Investigating his behaviour allowed him to advocate and make his case to the

public before the reports on his behaviour were released and before other MHAs

had an opportunity to read these reports first-hand for themselves after they

were tabled.

His

characterization of the findings prevented Members from seeing the

Commissioner's findings and conclusions as they were meant to be presented at

the conclusion of the defined investigative process. He attempted to superimpose

his version of events and conclusions on the findings and conclusions of the

Commissioner produced after completing his independent work. He attempted, not

only to influence public opinion about himself and his actions, but to influent

the perceptions of other Members who have not yet read or seen the reports. His

actions attempted to short circuit the process; to persuade his constituents and

all of our constituents, the people of the province, before the reports were

ever received. He was not the investigator or adjudicator in this process, but

the person accused. For the process to have integrity and to be fair to all

involved, it needs to be impartial. The complainants and accused need to

co-operate with the investigation, allow the Commissioner to reach the

appropriate conclusion and await the tabling of those conclusions and

recommendations in the House. Then, there is an opportunity for the parties to

be heard in the House and in public.

That is

how the process is designed to work. But the Member, as one of the parties in

the investigation, usurped the role of the judge and attempted to skew the

findings of the report in the eyes of those of us whose collective decision will

determine the outcome of the process.

We are

the judge and jury in this process – we, the Members of the House of Assembly.

The Commissioner recommends we decide. Attempting to influence our vote by

denying us the opportunity to see those reports uncoloured at the time when they

are supposed to be tabled is contemptuous of the process and of our work and of

this House. It undermines the integrity of the entire process and makes it

nearly impossible for us to show that justice is done and appears to be done.

We now

have to contend with the circus that has been created during the time the leaked

reports have been circulated and commented on through one interview after

another. The Member for Mount Scio has compromised the ability of the Members of

this House to do our jobs, and that is a breach of the collective privilege of

the House.

It is

all the more wrong, considering the fact that the investigations are about

allegations of disrespecting Members. We have been working very hard to raise

the bar in this House, to enhance the integrity of the processes that govern us

and to make it a more respectful workplace so people will step forward to serve

here and not be driven away. We must be firm in demanding a stop to this kind of

behaviour; Newfoundlanders and Labradorians demand and deserve better.

The

rules of Parliament are clear. The House of Commons Procedure and Practice,

Second Edition, commonly known by the names of its authors, O'Brien and Bosc,

clearly states in its

chapter on privilege: “The premature disclosure of

committee reports and proceedings has frequently been raised as a matter of

privilege.” It goes on to say: The United Kingdom Joint Committee on

Parliamentary Privilege attempted to provide a list of some types of contempt in

its 1999 report and they included: divulging or publishing the content of any

report or evidence of a select committee before it has been reported to the

House.

The

Office of the Commissioner for Legislative Standards is an office of this House

and its work must be treated with the same respect afforded to this House and

its committees.

Section

38(1) of the House of Assembly

Accountability, Integrity, And Administration Act defines the process for

tabling reports of harassment allegations, and I quote

section 38(1): “Where a

request for an opinion is made under subsection 36(1) or (3), or where the

commissioner conducts an inquiry under subsection 36(2), he or she shall report

his or her opinion to the commission which shall present the report to the House

of Assembly within 15 sitting days of receiving it if it is in session or, if

not, within 15 days sitting days of the beginning of the next session.”

That is

the established process. The Commissioner reports to the Management Commission

which presents the report to the House. Until a report is presented to the

House, it is not in the public domain. Prior to being tabled, a report is in the

possession of only the Commissioner, the Management Commission and the Members

involved. The process is defined in this way to protect the integrity of the

process and to treat fairly and justly any complainants and persons accused.

If the

process lacks integrity, then justice is not done or seen to be done, and the

public can have no confidence in the outcome, the rights of Members are

compromised and the House is held in disrepute. These reports are not just any

reports; they are reports about alleged harassment, bullying and intimidation –

a subject of intense public interest.

I urge

the Speaker to rule that there is indeed a prima facie case of breach of

privilege. A Member has shown contempt for this House and breached the

privileges of other Members and all of us, collectively, by what he has

deliberately chosen to do without regard for established protocols or the law.

If the

Speaker finds that there is indeed a prima facie case, then I would ask that the

House debate the following resolution, which would be seconded by the Opposition

House Leader.

May I

have your leave to read the suggested resolution?

AN HON. MEMBER:

Leave.

MR. SPEAKER:

Proceed please.

MR. CROSBIE:

Thank you, Mr. Speaker.

WHEREAS

the Member for Mount Scio has admitted to releasing to the news media

investigative reports into that Member's conduct by the Commissioner for

Legislative Standards before those reports have been tabled in the House of

Assembly; and

WHEREAS

the release of such reports of an Officer of the House is an indignity to the

complainants that threatens to compromise the integrity of the investigative

process and the public perception that justice is being served and prejudices

the ability of the Members of the House to fulfill their responsibilities; and

WHEREAS

the Member's attempt to use these leaked reports to influence perceptions of the

reports conclusions before they have been presented to Members for debate

affects not just the integrity of the process but our ability to fulfill our

adjudicative responsibilities.

BE IT

RESOLVED that this matter be referred to the Standing Committee on Privileges

and Elections for an investigation and a recommendation of an appropriate action

to sincerer the Member for Mount Scio for what he has done.

Thank

you.

MR. SPEAKER:

Thank you.

Are

there other Members who which to speak to the motion?

The hon.

the Member for Mount Scio.

MR. KIRBY:

Thank you, Mr. Speaker.

There's

a certain amount of irony in the statement just made by the new Member of the

House. During the by-election that he was elected in he publicly accused the

Premier and the government, and the Commissioner for Legislative Standards, of

both burying these reports and not being forthright in their disclosure.

I'd also

like to point out to the Member, he probably missed this since he wasn't in

elected office at the time, but the Member for Terra Nova released two of these

reports in August and there was no ruling by the Commissioner for Legislative

Standards made subsequent to that. I would also say that sort of language about

the reports being leaked I think is a misuse of that language, because the

Commissioner for Legislative Standards had no authority over myself when it came

to the release of those reports.

The

Member basically is not properly using that

section of O'Brien and Bosc that he

quotes, because the Members of the Management Committee, yes, are bound by

confidentiality in the adjudication of those reports, that's why O'Brien and

Bosc talks about the committee's authority and so on, but that did not pertain

to me in this case; and, if it did, I'm certain the Commissioner for Legislative

Standards would have made such a statement when the Member for Terra Nova

released two of these reports in August.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Additional Members?

The hon.

The Leader of the Third Party.

MS. ROGERS:

Thank you very much, Mr.

Speaker.

I stand

in support of this motion by the Leader of the Opposition on the point of

privilege. And I would also like to speak to the incredible, difficult time that

has been for Members of this House, for both respondents and complainants, for

their families and their colleagues, for all those elected to public office.

And, in particular, what a difficult time it has been for the people of

Newfoundland and Labrador.

This

House, and the work that we do, is about how we live our lives together, how we

manage our resources, how we plan our future. And, hopefully, all that work we

do, we do with respect, we do with a certain amount of expertise, we do as much

as possible – but certainly not enough – in a manner that is collaborative, that

is propositional, and that should always, always be, without exception, in the

best interest of the people of Newfoundland and Labrador.

These

are huge challenging times for our people – huge challenges we face. Not

insurmountable, though, if we work together. If we work together with respect,

if we work together with integrity, if we work together, always keeping in mind

the best interest and the well-being of the people who have given us the honour

to serve them.

I have

been so disappointed in what we have had to deal with in the past six months. We

have people in our province who can't afford teeth. We have people who are

saying goodbye to their loved ones because there are no jobs for them. We have

people who are on stretchers in hallways, in hospitals. We have a university

that is crumbling, physically crumbling.

These

are the issues that we need to be addressing. And we have had people, our

colleagues in this House of Assembly, lodge complaints, and their privacy has

been violated from the first part of this process. They have said that they have

felt bullied and intimidated, and mostly within the government caucus. We have

to deal with all of these complaints, but we have to do it with respect, with

integrity. And if we do not honour that process, what do we have and how do we

go forward?

I have

been amazed at some of the reactions and actions by those who have been accused.

I believe that we must have a fair and just process –fairness and justice for

complainants and for respondents. But the process has been violated, and how

much time and energy and money, the people's money, has been spent on this

already, only to have it derailed in this manner.

I am

appalled, and I am sorry. I am sorry for the people of Newfoundland and Labrador

who, again, face such incredible challenges, and they are relying on us in this

House of Assembly to come up with solutions, not for them but with them. And

what we have seen here in the past few months has rocked and has called into

credibility their ability to trust us, to do the work that we have been asked to

do.

And, Mr.

Speaker, I hope that how we do proceed will guarantee justice and fairness for

complainants and for respondents. And I do not know yet how we will instill in

the people of Newfoundland and Labrador a reason – a reason to feel confident in

the political process of Newfoundland and Labrador; this political process when

we see the allegations of bullying and harassment within the government caucus,

who should be leading the way.

It is my

hope, Mr. Speaker, that there can be healing in this House, but there cannot be

healing without justice and fairness. And it is my hope that as we continue to

do our work that we give the people of Newfoundland and Labrador a reason to

feel confident in the work that we have all been asked to do. And I don't want

my time as an elected Member having to deal with harassment and bullying,

particularly in the government caucus. I want to get down to the real important

work that the people of Newfoundland and Labrador have asked us to do.

cannot accept purposeful derailment of the process. We cannot support a Member

of the House of Assembly making a mockery and sidelining the incredible work

that has been done throughout this process. We have a lot of work to do in this

House to even examine the process, and whether the process in and of itself was

fair and just or was a tool that could arrive at fairness and justice.

So, Mr.

Speaker, I support the Leader of the Opposition and his motion notice on a point

of privilege.

Thank

you.

MR. SPEAKER:

Thank you.

Are

there further speakers?

The hon.

the Member for Terra Nova.

MR. HOLLOWAY:

Thank you, Mr. Speaker.

I feel I

have to rise and comment on the comment that was made from the Member for Mount

Scio. Certainly, what he said, Mr. Speaker, is not factual.

received a copy of the reports from the Commissioner for Legislative Standards

on August 24, around 3:30 in the afternoon. It was an electronic copy. Shortly

after 4 p.m. various news media contacted me for comment. I contacted the

Commissioner to ask him how those reports would have been provided to the media.

He confirmed for me that he had not provided it. I assure this House that I did

not provide it. Only the Members who were under investigation had copies of

those reports.

I want

to be very clear, what the Member just said is certainly not factual.

MR. SPEAKER:

Further speakers to this

matter?

Given

that the matter that we are discussing did not occur on the floor of this House,

I would like to take some time to make a decision as to whether or not there is

a prima facie breach of privilege. I would offer to the House that I will report

back first thing tomorrow.

Thank

you.

Statements by

Members

MR. SPEAKER:

Order, please!

For

Members' statements today, we will hear from the (inaudible).

The

matter that I've just been advised of is we have a Broadcast issue that we're

dealing with. So our apologies to all those who are watching.

For

Members' statements today, we will hear from the hon. Members for the Districts

of Lewisporte - Twillingate, Fogo Island - Cape Freels, Mount Pearl North,

Placentia West - Bellevue, and Windsor Lake.

The hon.

the Member for Lewisporte - Twillingate.

MR. BENNETT:

Mr. Speaker, the 2018 MusicNL

Conference and Awards Week took place from October 10 to the 14 in Twillingate.

MusicNL

provides an immense amount of support to artists across the province, offering a

variety of workshops and networking events.

I had

the opportunity to attend a number of events, including the awards gala. I was

totally captivated by the level of talent and diverse genres.

I want

to congratulate all nominees and award winners, including from my district: Dean

Stairs, owner of Citadel House, winner of Outstanding Company of the Year; and

musician/songwriter/teacher Adam Baxter, who won the Music Educator of the Year.

These two gifted individuals contribute so much to the music industry in

Newfoundland and Labrador.

Mr.

Speaker, MusicNL had a positive impact on the economy with hundreds of

musicians, songwriters and people within the industry flocking to the

picturesque Town of Twillingate.

I ask

all Members to join me in congratulating MusicNL Executive Director Glenda Tulk,

board members and all the volunteers who made this year's MusicNL Week a huge

success.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for the

District of Fogo Island - Cape Freels.

MR. BRAGG:

Thank you, Mr. Speaker.

It's

great to be back after our summer break, and once again it's an honour to rise

and bring awareness of the things that are happening in my District of Fogo

Island - Cape Freels.

August

25, 1918 was a memorable day in my hometown of Greenspond, but it was not to be

outdone by August 25, 2018. That day, Mrs. Gladys Dowden celebrated her 100th

birthday.

Well

over 100 people gathered at the parish hall to celebrate her birthday. It was

fun being part of a group who sang: We hope you live to be 110.

As a

little bit of fun, her nephew interviewed her. Everyone listened and were amazed

by the sharpness of her voice and her memory. She told stories dating back to

kindergarten, or should I say, primmer years. At one point she even sang for

everyone.

Mrs.

Dowden lives alone in her home on country road, and to this day is all dolled

off every time she comes down over the stairs.

I ask

all Members to join with me and extend our belated birthday wishes to Mrs.

Gladys Dowden of Greenspond.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

MR. LESTER:

Good day, Mr. Speaker.

I rise

today to congratulate the Mount Pearl Special Olympics for their important role

in our community through the support they give to our athletes.

The

Mount Pearl Special Olympics is a regional division of Newfoundland and Labrador

Special Olympics. Currently there are over 150 athletes from Mount Pearl and

surrounding communities involved in the organization. They offer various

supports for individuals with mental and physical challenges by providing them

with the opportunity to develop physical fitness, demonstrate courage,

experience joy and share skills and friendship.

Registration is open to all persons with mental and physical challenges, and

current programs being offered are swimming, bowling, floor hockey, athletics,

soccer and bocce ball. Our athletes have competed in international games, the

national games and the Newfoundland and Labrador games winning medals at all

levels of competition.

I would

also like to commend the parents and families, as well as the many coaches and

other volunteers for the support they give to these athletes. I would like to

thank them for their hard work and dedication.

Mr.

Speaker, I ask all Members of this House to join me in congratulating Mount

Pearl Special Olympics and all those involved in making the Special Olympics a

reality and a success every year.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the District of Placentia West - Bellevue.

MR. BROWNE:

Mr. Speaker, I rise today to

recognize an athlete who first skated on the ice in Marystown and I can assure

Members he is making his hometown proud of his accomplishments.

Now a

player in Saskatchewan Junior Hockey League, Michael Clarke spent the first six

years of his life in Terrenceville, where much of his proud family still resides

today.

After a

successful stint with the Calgary Canucks, Michael was recently traded to the

Humboldt Broncos. Given the devastating accident this past April claiming the

lives of 16 people and injuring 13, the emotional burden on new players has been

heavy.

When

asked of his trade to Humboldt, Michael is quoted as saying, and I quote:

“there's not really a better spot that I'd want to finish my junior career, with

what happened being able come here and help the community.” Fine words, Mr.

Speaker, from a young man with a positive outlook eager to play the sport that

he loves and help guide his teammates. And add to his success, he scored the

first goal of the season opening and the first Bronco's goal since that dreadful

April day.

Mr.

Speaker, I ask all hon. Members to join me in recognizing Michael's athletic and

personal successes, and salute all members of the Humboldt Bronco community for

their perseverance in the face of adversity.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Windsor Lake.

SOME HON. MEMBERS:

Hear, hear!

MR. CROSBIE:

Thank you, Mr. Speaker.

In the

British House of Commons during the war, Prime Minister Winston Churchill said:

At the bottom of all the tributes paid to democracy is the little man, walking

into the little booth, with a little pencil, making a little cross on a little

bit of paper.

I thank

all those voters of Windsor Lake who had the confidence in me to mark their

little cross beside my little name. I thank my political opponents for holding

me to the high standard necessary to win this confidence. I thank the numerous

supporters whose dedication carried the District of Windsor Lake.

I also

thank my parents, the hon. John and Jane Crosbie for their inspiration and

example of dedication to public service, my wife, the hon. Lois Hoegg for her

love, support and sacrifice, and my daughters Charlotte, Catherine and Rachel

for tolerating their father's strange new career choice.

The

responsibility of MHA and Leader of the Opposition is a grave one, and I will

not disappoint.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

society and in this House of Assembly bullying, harassment and intimidation in

any form and by any means is not acceptable.

As an

employer, government has a stringent policy to deal with these issues. We have

passed legislation to ensure that those working in the public sector have a

clear and structured means to report incidents and to have them dealt with

promptly and professionally.

better, more defined process is required for the Members of the House of

Assembly. We must be held to our Code of Conduct as required by the Oath of

Office, to serve with integrity; to enhance public confidence and trust in

government; and to maintain our high standards of ethical conduct in public

office. The Standing Committee on Privileges and Elections is making progress

toward the development of a legislature-specific, harassment-free workplace

policy.

Members of the House of Assembly, we must conduct ourselves in a manner

befitting our elected positions. We must lead by example. Respect and integrity

is essential in all that we do.

Premier, let me state once again that harassment and bullying is not acceptable

and there will be zero tolerance.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

I extend

my thanks to the hon. the Premier for his very appropriate words. I can speak

for all of us in this caucus on this side of the House in welcoming the

Premier's announcement of his zero tolerance policy. We all expect that the

application of the policy will mean that the Members for Humber - Bay of Islands

and for Mount Scio will not be welcomed back to the Liberal caucus.

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. ROGERS:

Thank you, Mr. Speaker.

I thank

the Premier. Today, especially today, I find the Premier's statement somewhat

disingenuous. Harassment and bullying has been a reported issue in the Liberal

caucus for quite some time. We are here today because of his lack of leadership

in dealing with this in a timely manner. He says we must all lead by example. I

hope the examples set in this House will be that those people who have come

forward with complaints will get the justice and fairness they seek.

I thank

the Standing Committee of Privileges and Elections for their dedicated and

careful work.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Further statements by

ministers?

MR. SPEAKER:

The hon. the Member for Mount

Scio.

MR. KIRBY:

Mr. Speaker, according to the

Standing Orders of this hon. House,

section 34: “Whenever any matter of

privilege arises, it shall be taken into consideration immediately.”

When the

Member for Terra Nova stood a short time ago, he said that I had made statements

that were inaccurate regarding his release of two reports by the Commissioner

for Legislative Standards after they were provided to him on August 24.

And I

refer you, Mr. Speaker, to a CBC story dated August 28, by Ryan Cooke, and I

quote: “CBC News obtained the copies of the report, handed over by Holloway

himself ….” That's what it says, Mr. Speaker, and I encourage you to review this

matter immediately.

Thank

you.

MR. SPEAKER:

I thank the Member for his

comment, but I see no point of order.

I will

now go to Oral Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

As we're

all aware, reports are to be tabled, so we have not all had an opportunity to

read these reports.

I ask

the Premier: Without regarding specific individual allegations contained in

these harassment reports, accumulatively, from a 30,000-foot perspective, how

does the Premier rate the conduct described in the reports in relation to the

Code of Conduct?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, I mentioned in

my Ministerial Statement about integrity and not politicizing this event today.

It's important for Newfoundlanders and Labradorians to go through the tabling of

these reports and get the proper debate that would occur only on this floor,

once the reports are tabled.

It's a

bit odd that on a point of privilege just a few minutes ago, we talked about

leaked reports and that was destroying the process. And here is, his first

question, being about the contents of reports that are not even tabled.

Mr.

Speaker, I would ask and encourage all the Members of this House of Assembly, as

we stand here in these very important times in democracy in our province, the

process has had many questions and, no doubt, has been flawed; but let's deal

with the processes, with the responsibility that we have, and with consideration

once the reports are tabled.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

SOME HON. MEMBERS:

Hear, hear!

MR. CROSBIE:

Thank you, Mr. Speaker.

I did

say without looking at specific individual allegations, the Code of Conduct,

paragraph 5, states: Members will not engage in personal conduct that would tend

to bring discredit to their offices.

On a

scale of one to 10, where 10 represents full compliance with the ideals of the

Code of Conduct, how does the Premier rank the conduct outlined in these

reports?

MR. SPEAKER:

I'm going to cut off this

line of questioning because, frankly, and as the Premier rightly indicated, we

have not tabled these reports yet, so I would refer the Members to discuss the

contents of these documents once they are tabled on the floor of this House.

Thank

you.

The hon.

the Opposition House Leader.

MR. HUTCHINGS:

Just on a point of

clarification, Mr. Speaker, with the utmost respect, the line of questioning is

not related to the individual reports. It's related to harassment and some of

the activities over the past four to five months, in a more general sense, that

is a concern of all people in the public today. That's what the question is

related to, with all due respect.

MR. SPEAKER:

Sorry, I've made my ruling;

but again, I heard reference to the content of a report, so I would suggest to

stay away from that topic.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

I crave

some leeway and I'm learning fast, thank you very much, as the newbie in the

place.

Again,

Mr. Speaker, my question is for the hon. the Premier. The Member for Mount Scio

stated to media that he met the Premier last week and informed the Premier that

he was releasing the report publicly. Did the Premier advise him against this

and, if not, why not?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, I've encouraged

all Members of this caucus and Members of this House of Assembly, even the hon.

Member himself, at any time they would want to meet with me, the door is always

open on any issue. So I'm not going to get into the specifics of what we

discussed, that was the contents of that meeting.

At no

point there would I ever encourage the public leaking of any information. So,

Mr. Speaker, as it has been mentioned earlier, I'm not going to speak to what we

dealt with. I think the Member opposite, if you showed up for a meeting with me

– I encourage you to do so – I think I would respect your privacy that when we

had that meeting that indeed there, you would not expect me to run to the media

or elsewhere to discuss what that meeting would be about.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

I understand from the hon. the Premier, Mr. Speaker, that he did not encourage

the release of the report prematurely before it was tabled.

In that

case, Mr. Premier – or I would ask the Premier whether he believes that the leak

of the information jeopardizes due process.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

The

process that I will be using, Mr. Speaker, is once the tabling of the reports

are completed, we have a proper debate in this House of Assembly. At that point,

I will consider the decisions that I will make.

Mr.

Speaker, I will say once again: zero tolerance. Bullying and harassment should

never happen. There will be zero tolerance from me as Premier of this province.

Mr.

Speaker, I will tell you, though – I will tell you – it's a little ironic how

the Leader of the Opposition and a former leader of the Opposition was willing

to dismiss something that happened outside of this House, and they decided to

brush that under the rug and not deal with it.

I've

made decisions in the past and I will be making decisions once these reports are

fully debated in this House.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

The Member from Mount Scio also stated to media that the Liberal caucus was

dysfunctional.

I ask

the Premier: Can he give us an update on this statement?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

this Liberal caucus, I will tell you, has done a tremendous amount of functional

work in the last three years dealing with the situation that has occurred.

SOME HON. MEMBERS:

Hear, hear!

PREMIER BALL:

And I want to appreciate the

Members that I have with me in this caucus, Mr. Speaker. I will tell you they

have done an incredible amount of work getting this province back on track.

It's

ironic that we have a Leader of the Opposition that is going through this line

of questioning today, with he himself has not really said anything about, for

instance, a major project that he don't know – he still thinks that that's the

right thing to do, and he is now encouraging and accepting the role of the

previous administration in his role as Leader of the Opposition.

Mr.

Speaker, we are dealing with issues in this province, and the issues around

bullying and harassment is another issue that I will deal with. I will be

decisive in my actions, Mr. Speaker, but the appropriate debate must occur in

this House of Assembly first.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

With the

presence of dysfunction in the Liberal caucus and Cabinet, I would ask the

Premier: How has this affected his ability to conduct the business of

government?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, the business of government continues.

SOME HON. MEMBERS:

Hear, hear!

PREMIER BALL:

And we have made tremendous progress this year, Mr. Speaker, in creating jobs,

getting this province back on track, attracting investment to this province.

It goes

without saying, there's a lot of work to be done, but, Mr. Speaker, I enjoy the

work that I've been doing working with this caucus, with every day

Newfoundlanders and Labradorians.

Mr.

Speaker, we have taken on the cause of getting this province back on track, and

we're able to do that. No matter what challenges we face from day to day,

bullying and harassment is not acceptable, zero tolerance, Mr. Speaker, but we

will continue to work in this framework and continue to make a difference in the

lives of Newfoundlanders and Labradorians.

Mr.

Speaker, we will make sure that this House of Assembly is a safe place to work,

once we get through this current debate.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, the statistics

show that we have been losing population steadily quarter after quarter since

this administration took office.

With two

less Cabinet ministers in the Liberal caucus, and no one apparently worth

promoting, is the doubling of report portfolios undermining the effectiveness of

government?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

here we go. Here we go.

Mr.

Speaker, I will tell you that we have a hardworking Cabinet, we have a

hardworking caucus. We have parliamentary secretaries that's working on behalf

of Newfoundlanders and Labradorians.

Mr.

Speaker, I will tell you, you could put 25 Cabinet Members with the work that

was done by the former administration, Mr. Speaker, and I will tell you, I would

put up the Cabinet that we have in place to make better decisions than the PC

Cabinet made based on the knowledge that I've had and the experience that I've

seen from the information that have come from the former PC Cabinet.

We are

fixing this province, Mr. Speaker, we're getting it back on track. We have made

significant advancements, creating jobs, attracting people to this province.

Mr.

Speaker, this is a hardworking Cabinet and a hardworking government on behalf of

Newfoundlanders and Labradorians.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

I would ask the Premier, Mr.

Speaker, is the alleged dysfunction in government the reason why your government

needs to outsource its economic development plan at a cost of over $10,000 a day

to McKinsey and Company?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, it gives me a

privilege to talk about a plan that's called

The Way Forward .

We're attracting jobs for Newfoundlanders and Labradorians in aquaculture,

in agriculture, in technology, Mr. Speaker. Our

Advance 2030 out of

The Way Forward ,

White Rose project, Equinor. All of these projects are attracting investment

in aquaculture. All of those projects, Mr. Speaker, are creating jobs for

Newfoundlanders and Labradorians. It's called

The Way Forward .

Mr.

Speaker, the Minister of Finance reached out to a consulting firm to actually

attract more business to use the global experience that they had based on the

work that was done with The Way Forward .

We will continue to work hard for Newfoundlanders and Labradorians, attracting

investment, creating jobs, Mr. Speaker, and we do not have the $25 billion that

the former administration had available to them to do the work that we are

doing.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

As the temperature goes up in

the room, I do remind all Members, I do not tolerate heckling or interruption.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

There

has been pronounced inaction on important government business. For example, the

seven months of inaction on the methylmercury report that Nunatsiavut President

Lampe refers to as empty words.

Is this

inaction the result of dysfunction within government?

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, thank you, Mr. Speaker.

I'm

happy to stand up here in the House again and talk about initiatives that fall

under my department. And I can guarantee the Leader of the Opposition, I'm

certainly trying my best to do my job with no dysfunction over here.

What I

would suggest is that the issue the Member talks about is one that's very

important and I've been doing quite a bit of work on it over the six months. The

irony again is that we're dealing with an issue that was left to us by the crowd

over there when we talk about Muskrat Falls.

The fact

is we've consulted with all these groups, but when we talk about the fact that

there is not unanimity when it comes to all the recommendations, and the fact

that we're dealing with possible solutions that may cost in the hundreds of

millions of dollars, we are going to take our time to make sure that we do what

is right and continue to work in consultation with Indigenous groups when we do

so and make decisions that are in the best interest of Labradorians and

Newfoundlanders.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

Since my

hon. friend, the acting minister of the Environment has chosen to put himself in

the line of fire, I would take this opportunity to ask him: When can I expect a

reply to my letter about the wetlands in my district, Windsor Lake, that I sent

to you dated August 27 of this year?

MR. SPEAKER:

Before the hon. Member

speaks, I will remind all Members that this is the Minister of Municipal Affairs

and Environment. He is not acting, he is in that position. He should be

addressed that way.

The hon.

the Minister of Municipal Affairs and Environment.

SOME HON. MEMBERS:

Hear, hear!

MR. A. PARSONS:

Thank you, Mr. Speaker.

And I

appreciate it. I'm certainly trying my best to act.

What I

would say to the Member opposite is certainly I did receive your letter. I'm not

sure if it was during the campaign or not, but the wetlands issue is one that's

of great importance to not just St. John's, and not certainly just to the

Member's district, but it's to the entire province and it's one that we take

quite seriously.

I've

actually been having conversations with Mayor Breen on this because this also

does fall within the city parameters here. So what I'm going to continue to do

is to make sure that we talk to the city on this, to take steps that will

promote development but also protect the environment, and we'll get back to the

Member as soon as possible.

Thank

you.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

I thank the minister, Mr. Speaker.

Again, a

question for the hon. the Premier.

Section

36 of the House of Assembly

Accountability, Integrity and Administration Act gives the Premier the

ability to request an opinion from the Commissioner for Legislative Standards.

Can the

Premier confirm that he has not forwarded additional complaints to the

Commissioner for review, other than those which have now been completed?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, I wish I had my

dictionary or I'd get the word, integrity, and kind of define it, because now

he's asking if someone would come forward and they brought forward an allegation

to me, if indeed I would take that allegation and forward it to the Commissioner

for Legislative Standards.

I find

that ironic that in one – just a few minutes ago we were talking about

protecting people's privacy and now on another minute you're asking me that if

anyone came to me with an allegation that I forward to the Commissioner if he

wanted to release this publicly.

Mr.

Speaker, no. There are no allegations. There's no one that approached me. And,

Mr. Speaker, I can assure you if indeed that was the case, I would deal with it

appropriately. I would deal with the integrity, protecting the interests of all

those people that work in this House of Assembly.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, thank you.

I stated

the issue. The answer to the question is no.

Since

the initial allegations and dysfunction in the Liberal caucus became public back

in May, I ask the Premier: What concrete steps have been taken to improve this

dysfunction from then until now?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

There

has been a number of things that has been done with the harassment-free

workplace, of course. The Privileges and Elections Committee are doing their

work, as I just mentioned in a Ministerial Statement, Mr. Speaker. So this

process is unfolding.

In the

Ministerial Statement, that I've just mentioned already, we do have concerns,

like everyone else that's been through this process, Mr. Speaker, and we will be

dealing with that. We have Standing Committees that are in place to make

suggestions and recommendations on how this would work, Mr. Speaker. And over

the next couple of days I'm sure that as we listen to the debate there will be

another example and ideas that we can improve the process.

Mr.

Speaker, fundamental in all of this is this must be a harassment-free workplace

with zero tolerance. I will say it again, as Premier of this province, zero

tolerance.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

I'd ask

the Premier if he could state: What is the normal protocol for a harassment

complaint if it is made against a Member of his caucus or a Member of his staff

in the Premier's office or in the Government Members' office?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

all the protocols are outlined, Mr. Speaker. They're publicly available. All

you'd need to do is go right to the website. The Members would have a number of

different options to them. They could go directly to the commission themselves.

If so choose they could come to me and it could be dealt with that way, Mr.

Speaker.

So all

the protocols and the options that MHAs have available to them with allegations

if they have concerns, Mr. Speaker, all those protocols are outlined.

I will

assure you, Mr. Speaker, that any MHA that wants to come to me, regardless of

the party they are affiliated with, my door is always open to listen to their

concerns.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you for that answer, Mr. Speaker.

I'd

further ask the Premier: If allegations of harassment or bullying were to be

made outside the four corners of the reports that will be tabled in this House

today, would you expect to be made aware of them? And, if so, are you advised in

writing?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, it seemed like a hypothetical question there: if that, what if

this, and so on.

issues face me and come to me on a daily basis, we deal with them, Mr. Speaker.

We deal with them within the mechanisms and the process that we have available

to us. That's the honourable thing to do.

So, Mr.

Speaker, I'm not going to stand up here today and talk about hypothetically what

could happen if this and that and something else. Mr. Speaker, my job is to work

with Members of my caucus, work with any Member of this House of Assembly. If

they saw fit to come to me with an allegation, Mr. Speaker, we will deal with

it.

Mr.

Speaker I can assure you this, that if allegations would come my way, I would

fully explain all the options that any Member would have available to them.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

I'm not hearing whether such allegations are reduced to a record, a written

record. Perhaps the Premier will get a chance to elaborate on that.

Are any

additional accusations of harassment or bullying that have been made to your

office or to your staff existing outside the reports that will be tabled today?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

So I think the question, what I heard, Mr. Speaker, was if there are other

allegations that I would be aware of that must actually go to the Commissioner?

Mr. Speaker, no. No.

Mr.

Speaker, if you remember back, the Commissioner himself said he was dealing with

a number of allegations. The Speaker at the time, I think the Commissioner

reached out and said let me deal with all the reports and then once the reports

were all finalized that he had mentioned they were working on, that then we

should open up the House of Assembly.

Mr.

Speaker, we made the decision to open up this House as quickly as possible once

the Commissioner had finished the reports he was currently working on. Mr.

Speaker, these are the reports that I know are in the system that the

Commissioner outlined. Mr. Speaker, there are no other allegations that I'm

aware of.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, according to

media reports, CBC filed an access

request for BlackBerry messages in the Premier's office, and the Premier's

office told the Privacy Commissioner these types of records were transitory;

thereby, explaining why they were not retained. That's in quotes; that was the

answer.

Have you

provided any specific written direction to your staff to preserve these records

in the future? And, if so, will you table this directive in the House?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, access to

information rules applies to people in this House of Assembly, and we will

comply with the rules around access to information.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, will the Premier

instruct the government to disable BlackBerry messages on wireless devices to

remove the possibility of records the Premier and staff allege to be transitory

from being destroyed in the future?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

We will

be compliant, as I just said, with access to information. We always have, Mr.

Speaker; but I think it's worthwhile to know (inaudible) because it's nice to

get an activity report sometimes on how much information would come from this

office compared to former premier's office.

Mr.

Speaker, it's between three and four times more information that have come from

the Premier's office today than we would've seen from the PC administration. So

we have released more information, Mr. Speaker, and I encourage the Leader of

the Opposition to look at the amount of information that this government has put

out there under the freedom of information or the access to information.

Mr. Speaker, that information is getting out there in numbers far greater

than the former administration.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay - Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

On May

3, 2018, the Minister Responsible for the Status of Women indicated that anyone

with concerns about harassment, intimidation or abuse of any kind would have her

full support. And I quote: My full support, my absolute full support for anyone

who comes forward.

I ask

the minister: What support has she provided to the complainants?

MR. SPEAKER:

The Minister Responsible for

the Status of Women.

MS. COADY:

Thank you, Mr. Speaker.

Now, I

will reiterate. If there's anything I could ever do for anyone who is faced with

difficult times, I certainly, as a human being, as a person, as a female in this

House of Assembly, would be very open and willing to assist them. I would

certainly never breach their privacy. If they come to me in their manner and

needed assistance, I would certainly not, in this House, give that information

as to what they would have come to me and asked me to keep confidential.

I will

say this, Mr. Speaker, again, if there's anything I could ever do for anyone who

is going through any type of difficulty, I'm more than willing to provide it.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay - Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

The

minister's former colleague, Ms. Bennett, wasn't vocal about the bullying and

harassment that she was a subject of.

I ask

the Minister Responsible for the Status of Women: What is she doing to ensure

that the culture within her caucus does not lead to more resignations from

victims of bullying and harassment?

MR. SPEAKER:

The hon. the Minister

Responsible for the Status of Women.

MS. COADY:

I thank you for the question.

It's a very important one, because it's not just in this House, Mr. Speaker,

it's in society.

I think

the Premier has been very clear, very direct in saying that in this particular

House, in our government, there will be zero tolerance for harassment, bullying,

intimidation of any kind – of any kind, Mr. Speaker. I think it's very important

for that tone at the top to be there. This is a societal issue. We're working

very hard through the various Status of Women's organizations, through violence

prevention initiatives, through societal impacts.

Mr.

Speaker, we all have a responsibility to change the manner in which society

views harassment and bullying. We can no longer tolerate it. It's not to be

tolerated. The Premier has been very clear.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay - Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

As the

Minister Responsible for the Status of Women would be well aware, this process,

this situation and these reports speak to a culture that exists within the House

of Assembly.

I ask

the minister: Does she believe that this culture will prevent talented and

ethical people from offering themselves up for election?

MR. SPEAKER:

The hon. the Minister

Responsible for the Status of Women.

MS. COADY:

Thank you, Mr. Speaker.

I won't

respond to any of the reports or their contents, but I will say this: it is

incumbent on everyone in this House, it is incumbent on everyone in our

communities and our society to ensure that bullying, harassment and abuse is not

tolerated. We cannot tolerate it. We cannot accept it.

I think,

Mr. Speaker, we're seeing a societal change where all of us – all of us – are

standing and saying that we can no longer accept that what was probably

acceptable in previous times. It's certainly not acceptable today.

I say to

the Member opposite, I think that it's incumbent on all of us to encourage

leaders and community – people who give to our communities to come to the House

of Assembly to work on behalf of the people in Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. ROGERS:

Mr. Speaker, today we are

here to deal with the tabling and debating of the harassment reports stemming

from the dysfunction within the broken Liberal caucus, and the failure of the

Premier to lead and manage his own caucus.

It is my

hope that the process and outcomes are fair and just, but it's time to deal with

the huge challenges also that are facing our province, including soaring

unemployment, increasing debt and out-migration of our young people. The people

of the province are fed up and they want us to work together to create jobs and

strengthen our economy.

I ask

the Premier once again: Will he get down to business and call for an all-party

select committee on jobs and sustainable economic development so we can all work

together to deliver real solutions for the future of our people?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

first of all, I want to make some comments about the

preamble that the Leader of

the Third Party mentioned. Mr. Speaker, it's unfortunate – and no one likes the

situation that Members of this House of Assembly find themselves in. This is not

to make an excuse, but I think we must all learn from history as well. The

Leader of the Third Party herself said she feels it's appropriate today to

actually just direct her comments at this current administration when, she

herself, sat in the party that had to go through a similar situation not that

long ago.

So, Mr.

Speaker, it's not about making excuses for anyone. We will deal with it, and

I've already started that process. I've said: zero tolerance. The Member

opposite, I think you already know that your own party has had to deal with

similar situations in the past. So I think all of us can do better. I am

committed to making this place a better place to work, just like I'm committed

to make this province a better place to live.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. ROGERS:

Mr. Speaker, this summer I

travelled a good bit of the province learning about the incredible work being

done in many communities by creative, motivated people working on solutions to

the economic crisis in their areas, often with no or minimal help from

government.

They

defined, identified the lack of community economic development infrastructure

and delays in Service NL regulations that do not facilitate their work.

I ask

the Premier. What concrete plans does he have for working with rural communities

to support entrepreneurs who have great ideas on how to develop their economies?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

I'd encourage the Leader of the Third Party just to look at

The Way Forward and you will see the tremendous work that's been

done in creating partnerships in many rural communities in Newfoundland and

Labrador. I think you need to look no further than what's been happening on the

Burin Peninsula with aquaculture. I'm not sure if the Member opposite even

supports aquaculture, but I will tell you there are over 800 jobs being created

on the Burin Peninsula.

We've

seen it all around the province this year in tourism, as we've set goals and

objectives to create employment. We're seeing numbers just in the last few

months of just over 6,000 jobs.

We are

making a difference. We are attracting investment, Mr. Speaker. We've been

creative in partnerships in many rural communities. Agricultural itself is a

pillar and a priority for us as a province. Not just for food security for

Newfoundlanders and Labradorians, for job creation as well.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Third

Party.

MS. ROGERS:

Thank you, Mr. Speaker.

And I

certainly support sustainable aquaculture.

Mr.

Speaker, the Minister of TCII told this House he had to give Canopy Growth $40

million of the people's money to secure a guaranteed supply of recreational

cannabis and to create jobs, yet no other province has done this. There is no

secure supply, as stores across the province quickly ran out last week and are

still waiting for more product.

I ask

the minister: With no secure supply in evidence, what exactly is he going to do

to ensure that those small companies who took the risk in good faith to open

businesses will get the supply that they were promised?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, facts are

important – facts are very important. And I want to remind the Leader of the

Third Party that she's been given a technically briefing and I ask her: Why do

you continue to put out misleading information to the people of this province?

There is no government cheque going to any cannabis producer. You're saying she

knows that – she just said she knows that, but indeed when you listen to the

question, didn't say that. No money coming from government to any cannabis

producer, Mr. Speaker.

The

option was: Do you import it, or do you set up an industry? So, just to give you

an example, if there's $3 that will come into NLC from this production facility,

$2 of it will go to NLC, $1 would go to the facility. That is how this is being

paid for. The other option was to import it from New Brunswick. And the Member

opposite is wrong, because other provinces have put in programs to attract

investment for cannabis producers.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time of Oral Questions

has ended.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Tabling of

Documents

MR. SPEAKER:

Appointments to the House of

Assembly Management Commission:

Pursuant

section 18(9) of the House of Assembly

Accountability, Integrity and Administration Act , I'm advising the House

that Members of the House of Assembly Management Commission are as follows: the

Government House Leader; the Opposition House Leader; the hon. the Minister of

Natural Resources and Minister Responsible for the Status of Women; the Member

for Placentia West - Bellevue; the Member for St. John's East - Quidi Vidi; the

Member for Windsor Lake; the Speaker and the Clerk.

accordance with

section 19(5)(

a) of the

House of Assembly Accountability, Integrity and Administration Act , I hereby

table the minutes of the House of Assembly Management Commission meetings held

on May 16 and May 30, 2018.

Furthermore, in accordance with

section 38(1) of the

House of Assembly Accountability,

Integrity and Administration Act , I hereby table the following reports of

the Commissioner for Legislative Standards: The Joyce Report – August 24, 2018;

The Kirby Report – August 24, 2018; The Kirby Report – October 3, 2018; The

Joyce Report – October 18, 2018; and The Joyce Report – October 19, 2018.

Further

tabling of documents?

Notices

of Motion.

Notices of Motion

MR. SPEAKER:

The hon. the Member for

Fortune Bay - Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

Member for Fortune Bay - Cape La Hune, I stand today to give notice of the

following private Member's resolution:

WHEREAS

some Members have concerns about the process the Commissioner for Legislative

Standards followed in producing investigative reports of harassment complaints

against Members and;

WHEREAS

the Speaker has informed Members of the House of Assembly Management Commission

that the Commission does not have the authority to summon the Commissioner, but

the House does and;

WHEREAS

questions about the process must be dealt with before the House can properly

deal with the reports the process has produced and;

WHEREAS

ensuring the integrity of the process is paramount in assuring the public that

justice is done in matters of harassment;

THEREFORE

BE IT RESOLVED that this House summon the Commissioner for Legislative

Standards prior to debate of any of the investigative reports in order to answer

questions and provide clarity from the process so Members can have a full

understanding of the process and have any questions answered before they deal

with the reports' findings and recommendations.

Seconded

by the Member for Conception Bay East - Bell Island.

Thank

you, Mr. Speaker.

MR. SPEAKER:

The hon. the Opposition House

Leader.

MR. HUTCHINGS:

Mr. Speaker the private Member's resolution presented by my colleague will be

the one that we'll debate tomorrow, Wednesday, in Private Members' Day.

MR. SPEAKER:

Thank you.

Further

notices of motion?

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Speaker.

The

current 1.6 kilometre busing policy results in children walking to school in

areas where there are no sidewalks, no traffic lights and through areas without

crosswalks. This puts the safety of these children at risk.

We, the

undersigned, call upon the House of Assembly to urge the Government of

Newfoundland and Labrador to ensure the safety of all children by removing the

restrictions of the 1.6 kilometre busing policy where safety is a concern.

Mr.

Speaker, I presented this petition many times in the House of Assembly.

Yesterday evening I received a phone call from a constituent of mine that lives

within the 1.6 kilometre zone in the Town of Torbay. I spoke to her – actually,

I went by her house and looked at what she was talking about.

In the

Town of Torbay there are no sidewalks. In actual fact, with the rain the weekend

there was a major wash off of the road coming down over Piperstock Hill. It

caused deep gouges in the side of the road where children have to walk, and I

agreed with her.

This is

a single lady who has no transportation herself and the children have to walk to

school. In this particular area it's a common thing – as in a lot of parts where

there are no sidewalks – which this occurs after every rainfall. For her to send

her children to school yesterday she had a major concern, because there are

17,000 cars a day that travel along Torbay Road. The only way that these kids

could travel along Torbay Road yesterday was basically to walk on the road.

Mr.

Speaker, I'm not asking for the 1.6 kilometre to be dropped everywhere in this

province, no, I know there – maybe we can do a solution. Maybe there's a way we

can figure out – but my concern is the safety of the children. We need to look

at areas where there are 17,000 cars a day travelling. We need to look at areas

and maybe we can look at different grades that this can apply to.

Government needs to address this. This is very, very serious. Like I said, these

children yesterday, the parent decided not to send them to school. It's serious

in many, many districts, and I ask the minister to have a look at it. When it's

the safety of children that are involved we need to do the best for our

children.

Thank

you very much, Mr. Speaker.

MR. SPEAKER:

The hon. the Minister of

Advanced Education, Skills and Labour.

MR. HAWKINS:

Thank you, Mr. Speaker.

I just

want to take a few minutes to respond to the 1.6 kilometre. I'd just like to ask

the hon. Member opposite, where was he in 2015 or prior to 2015? What policy did

you have? What did you follow?

MR. K. PARSONS:

I think we should look at the

future.

MR. SPEAKER:

I remind the Member – that's

it, no more warnings.

Please

proceed.

MR. HAWKINS:

Mr. Speaker, we, as a

government, we've taken the 1.6 kilometre policy very seriously.

Mr.

Speaker, we've been working through different scenarios. Not like what –

according to the Member for Conception Bay East - Bell Island made a comment

that the 1.6 kilometre rule was archaic. Mr. Speaker, I'd like to remind the

Members opposite that we've been in government for three years, three years, the

same policy, if it's archaic now, was archaic in 2012, 2013, 2014, 2015. There

has not been a significant difference.

Well,

I'd like to tell the Members opposite something different that we've been doing

as a government, we've been listening. We've been listening to parents, we've

been listening to schools. That's why, Mr. Speaker, this year we looked at –

there were about 42 different schools that were impacted by some of the changes

in the 1.6 kilometre enforcement of the rule. What we've done, Mr. Speaker, in

fact, we have put in courtesy seating at 1.8, which they had never done. So that

same parent would have had to take their child to school (inaudible).

MR. SPEAKER:

I thank the minister for his

response. Your time has expired.

Thank

you.

The hon.

the Member for Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

Caps and

thresholds in automobile insurance would leave many people without adequate

compensation when they are injured.

We, the

undersigned, call upon the House of Assembly to urge the Government of

Newfoundland and Labrador to adopt a policy against the imposition of caps or

thresholds in automobile insurance.

Mr.

Speaker, this issue has been talked about a lot in the public domain. There has

been debates. I know the Insurance Bureau of Canada has been lobbying for caps.

The insurance industry, obviously, has been lobbying for caps. We've got another

group lobbying against the caps.

When

this first came out I know us, as a caucus – I think most people in the province

were watching intently because insurance rates are – they are very high. On a

personal level, I pay way too much for insurance but I can't afford not to pay

for insurance, as most people in this House can attest to. We have to have

insurance. You have to protect yourselves and your families, but in doing so,

Mr. Speaker, the price has to be done at a fair level. Right now, it's not at a

fair level, but if you got in these caps, if they were – some assurance these

caps are going to reduce rates, you'd have a different conversation.

It's

been all – many times, many public presentations. I know my colleague from Cape

St. Francis was at a presentation by the Insurance Bureau and they were told

outright, this will not reduce rates. So I guess the general question is, what

purpose would putting a cap on injury – what benefit would

it give the people of this province?

The only

one who benefits from this, Mr. Speaker, is the insurance industry, the

insurance companies. We were led to believe that this was going to be a

resolution. This was going to be a solution to our problems with high insurance

rates. Obviously, that's not what we're being told and it won't happen.

So my

question is – I implore government to seriously consider opposing any caps in

the event, for what purpose? Ultimately, we're going to lose on both ends at

that rate, Mr. Speaker. We'll have high rates and we'll have no coverage. We

know a lot of people out there with serious injuries that require a lot of

medical attention and a lot of lost income, and those insurances, they're a

lifeline. So I implore government to give that strong consideration when a

decision is made, Mr. Speaker.

Thank

you very much.

MR. SPEAKER:

Thank you.

Further

petitions?

The hon.

the Member for Conception Bay East - Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

The 15

per cent retail sales tax on insurance premiums that the provincial government

imposed in 2016 has significantly increased the cost of insurance. We, the

undersigned, call upon the House of Assembly to use the Government of

Newfoundland and Labrador to eliminate the 15 per cent retail sales tax on

insurance premiums.

Mr.

Speaker, we've been hearing this continuously since 2016 about the impact that

this has had on the bottom line when it comes to costing for insurance rates

itself. It's had a negative effect on a number of areas, too. We've known –

discussions I've had with business people – that they've had to make decisions

on how many vehicles they put on the road. And while I realize it's a revenue

generator for government, sometimes you've got to look at it penny-wise and

pound foolish at the end of the day.

A number

of companies, a number of businesses who've had to go back to their reserves,

that they may not have because the economy was stalling at the time, have had to

make decisions around how do they make up that 15 per cent. In a lot of cases,

what they've done is taken another vehicle off the road to eliminate the

insurance on that to try to offset the additional cost, which, in turn, is a

loss of revenue for government in many different avenues. Particularly around

maintenance, purchase of vehicles, gas that would be used in those types of

vehicles, and all the other services that would be provided. In some cases, it

actually means a layoff of an employee because you don't need as many – the

number of human resources to sustain that same type of service.

When you

take into account the impact it has on people on fixed incomes who have to have

insurance – it's a given here from a safety point of view, from a piece of mind.

In a lot of cases, from a legal point of view, you must have this service paid

for. An additional 15 per cent – we're not talking 1 or 2 per cent; 15 per cent

is significant when you add that to the bottom line on anybody, but particularly

somebody on a fixed income.

We know

there are people out there driving illegally, and we know some are doing it

deliberately. It wouldn't make any difference if the tax is on it or not. But we

do know, and we know this honestly, that there are some people who've had to

make the decision to break the law by driving without insurance because they

physically now can't insure that vehicle, and because they don't have disposable

income. That 15 per cent was a different of them being law-abiding citizens who

would normally not break the law – in this case, having to do that because they

can't afford to do it.

So there

are a number of factors here. While it's a revenue generator, if you look at the

whole impact it has, I suspect we're losing money in other avenues that we

haven't even thought of; that the left hand doesn't know what the right hand is

doing, and it's having an impact. But outside of that, the average citizen who

wants to follow the rules, who wants to ensure that they're safe on the road,

and the car that may be involved in an accident is also secured safe because it

has insurance – but by imposing this extra 15 per cent, what we've seen is a

detrimental effect on people driving, and their peace of mind.

We've

seen it: lost revenues. If you've got an extra bit of disposable income, you're

going to put that in somewhere else in our society, and government has the

ability to get all that money back to put back in infrastructure and services

for its people.

When we

impose something – and I said it in 2016 and I'll say it in 2019: This was a

calculator exercise around just generating more money and it's not in the best

interest of the people of Newfoundland and Labrador, so we ask the government to

make sure that this is dropped so that people can have insurable vehicles on the

road.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further petitions?

Orders

of the Day.

Orders of the Day

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

And

given that we've had reports tabled now, which I'm sure Members would like an

opportunity to review, I would move, seconded by the Minister of Natural

Resources, that the House do now adjourn.

MR. SPEAKER:

It's been moved and seconded

this House do now adjourn until tomorrow at 10 o'clock.

motion, the House at its rising adjourned until tomorrow, Wednesday, at 10 a.m.