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July 23, 2019

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLIX No. 11

The

House met at 1:30 p.m.

MR. SPEAKER (Trimper):

Admit strangers, please.

Order,

please!

I would

like to welcome all of my colleagues back to this House of Assembly, and while

it's an unusual time of the year for us to be sitting, it certainly is a great

opportunity for me to introduce a few key people who are joining us today.

First of

all, to my right is a very new Page for us. She's been serving as a tour guide

for us this summer in bilingual capacity. This is Claire Dowden, she's from St.

John's. She's studying at Memorial University, completing an arts degree with a

Welcome

Claire as our new Page.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Also, I'm well accompanied by

Lauren and Elizabeth. Thanks to my Pages for showing up in the middle of the

summer.

Special

guests in the Speaker's gallery today; we have joining us for a Member's

statement, first of all, Special Olympian Joshua Gardner, and joining him is

Michelle Rye-Gardner.

Welcome

to you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you, colleagues.

Also

joining us in the Speaker's gallery, no stranger to this province, Mr. Woodrow

French. He's the former mayor of Conception Bay South, and he's here for a

Member's statement. And he's joined by Wayne Miller, who's an Order of

Newfoundland and Labrador recipient and a veteran of our Canadian Forces.

Welcome

to you.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

For Members' statements today

we will hear from the Members for the Districts of St. George's - Humber; Mount

Scio; Stephenville - Port au Port; Conception Bay South; and Grand Falls-Windsor

- Buchans.

The hon.

the Member for St. George's - Humber.

MR. REID:

Thank you, Mr. Speaker.

When

Princess Anne made her royal visit to the grounds of Grenfell Campus of Memorial

University in Corner Brook in 2016, she helped unveil the bronze sculpture of

the infamous Danger Tree, the iconic symbol of the Battle of Beaumont-Hamel

where hundreds of young men from the Royal Newfoundland Regiment were killed.

This

past week additions to the Danger Tree site were unveiled. A statue of Private

Hugh Walter McWhirter of Humbermouth, who was the first person from the province

to be killed in World War I.

A bench

was also unveiled to commemorate the contributions of the Newfoundland Forestry

Corps in World War I and the Newfoundland Overseas Forestry Unit in World War

II. Both these additions to the Danger Tree site were created by Corner Brook

sculptor, Morgan McDonald.

I ask

all Members of this House to join me in commending David Higgins and other

members of the Forget-Me-Not Committee and the people of Grenfell Campus of

Memorial University for the important work they're doing in recognizing the

sacrifice of our war veterans.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Mount Scio.

MS. STOODLEY:

Thank you, Mr. Speaker.

Today,

I'd like to recognize the Rabbittown Community Centre in my District of Mount

Scio, which has amazing programming for children and families.

Earlier

in July, both local residents and staff of the community centre were concerned

about traffic speed. In consultation with stakeholders, the centre took a

leadership role and engaged their summer camp students and local community in

painting a colourful and majestic tree over a large area of the road. The

artwork was designed to be visible to drivers and to slow traffic.

The tree

is made up of big puzzle pieces, and students and local residents participated

by painting a piece or leaving a handprint. Constituents I visited nearby were

delighted to have been offered the opportunity to leave their mark.

particular, I'd like to recognize the leading artist, Stephanie Poirier, who

works at the centre and the hard work of Executive Director Lillian Lush who

lends her leadership, energy and vision into the Rabbittown Community Centre

every day. This community centre runs year-round programming for children and

families and is an exemplary organization.

Please

join me in congratulating the Rabbittown Community Centre for their creativity

and ingenuity in leading such a thoughtful project which has proven to be

effective in slowing traffic.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the

District of Stephenville - Port au Port.

MR. WAKEHAM:

Thank you, Mr. Speaker.

The

Stephenville Theatre Festival is now in its 41st year, the longest running

professional theatre company in this province. This season opened on July 12

with a performance of Green Day's “American Idiot” and will conclude with the

Stephenville Theatre's Gala on August 11, 2019.

The

festival's mission has always been to enrich the economic, artistic and cultural

sectors of the Town of Stephenville, along with the whole province, and become

an anchor event for tourism in and around the Bay St. George area.

The hard

work and dedication of the cast, artistic director, volunteers and

administration with this organization is second to none. The Stephenville

Festival experience is unique, in that it offers a distinctive performance of

works that entertain, engage and enlighten audiences young and old alike.

I ask

all hon. Members of the House to join me in congratulating the Stephenville

Theatre Festival in its 41st season.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the

District of Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

Mr.

Speaker, I rise today to acknowledge a very proud resident of my district and

someone who fought hard to make a difference in the lives of many air

travellers; his advocacy, determination and unwillingness to take no for an

answer was very commendable.

I speak

of none other than Mr. Woodrow French, former mayor of Conception Bay South, the

driving force and the person responsible for the passenger Bill of Rights

becoming a reality. Mr. Speaker, phase one of this new Bill of Rights was

brought into effect on July 15, with phase two being implemented in December of

this year.

This

bill came as a result of hard lobbying by Woodrow to improve the lives of many

travellers who experienced frustration with dealing with various airlines, as

Woodrow seen and experienced himself.

Since

2006, Woodrow has been advocating for airline changes for consumers and, just

recently, the federal government passed this legislation in the House of

Commons. This has led to the passenger Bill of Rights which will improve air

travel and make sure people are treated with the respect they deserve.

Mr.

Speaker, I ask all hon. Members to join with me in congratulating Mr. Woodrow

French on making this Bill of Rights a reality.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Grand Falls-Windsor - Buchans.

MR. TIBBS:

Thank you, Mr. Speaker.

I rise

in this hon. House today to pay tribute to Mr. Joshua Gardner. Joshua is a

decorated Special Olympian of five years who competes in swimming, track and

field and curling, where he and the rest of his team, the Exploits Hurricanes

Hot Shots – Margaret McNeil, Gary Wicks, Kim O'Neil and Tony Krytsis – have won

Team of the Year for Newfoundland and Labrador. Joshua has qualified to

represent Team Newfoundland and Labrador as the skip for curling at the 2020

National Games in Thunder Bay.

Joshua

has graduated high school and now attends College of the North Atlantic. From

there, he hopes to mentor and advocate for Special Olympians throughout the

province. This year, Joshua was named Male Athlete of the Year for Newfoundland

and Labrador.

I had

the pleasure of volunteering at this year's Special Olympics in Grand

Falls-Windsor. I have come to learn what the word special truly means. Special

does not define these athletes' inabilities. Instead, it defines their ability

to overcome life's greatest challenges and play for the love of the game and

respect for their fellow athletes.

Please

join me as we honour Mr. Joshua Gardner, Newfoundland and Labrador's Male

Athlete of the Year.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you. Well done!

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Mr. Speaker, today, with

great sadness, we mark the passing of a man who was instrumental in the

evolution of the Royal Newfoundland Constabulary.

Retired

Chief Robert Johnston was highly admired by all who knew him. Described by

colleagues as a devoted officer and mentor, he embodied all the characteristics

of a great officer; he was brave but gentle, kind but confident. He was a born

leader who joined the RNC in 1979 and served as Chief between 2010 and 2014

after working his way through the ranks – testament to his hard work and the

respect he garnered from all corners.

Mr.

Johnston passed away July 8, 2019 after a courageous battle with brain cancer.

As during his policing career, he lived with positivity and courage after his

diagnosis, giving hope to survivors throughout his 22-month battle. He will be

remembered for his strength and contribution to the province.

Mr.

Speaker, today, together with all hon. Members of this House and on behalf of

the people of Newfoundland and Labrador, we send condolences to his wife Gloria,

daughters Amanda and Sarah, his mother Inez and his extended family at the RNC.

I hope that they can take comfort in knowing the profound impact that Mr.

Johnston had on this province.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you very much.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

Mr. Speaker, I thank the

minister. It is with great respect that I stand here today and pay tribute to

Mr. Johnston on behalf of the Official Opposition. Mr. Johnston served our

province with dignity, courage, compassion and devotion. He exemplified these

characteristics which we've come to expect from members of the RNC. Mr. Johnston

was a truly remarkable and deserving choice to serve as Chief. As the minister

recognized, Mr. Johnston passed away earlier this month.

behalf of the Official Opposition, I extend my deepest sympathies to his wife

Gloria, daughters Amanda and Sarah, his mother Inez, and his large circle of

friends and family. Mr. Johnston had a tremendous impact on this province for

which he will be fondly remembered and appreciated.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. COFFIN:

Thank you, Mr. Speaker.

I, too,

thank the minister for an advance copy of his statement. I also want to add our

condolences to the family of Robert Johnston. Chief Johnston was key in the

ongoing growth of the Royal Newfoundland Constabulary, helping to mould it into

the modern, professional organization it is today. He was a great officer who

served the public well over his long career.

It would

benefit all RNC officers, especially the new recruits, to reflect on Chief

Johnston's career and model their career on his. Our hearts go out to his family

and loved ones.

Thank

you for your service, Robert Johnston.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Health and Community Service.

MR. HAGGIE:

Thank you, Mr. Speaker.

I rise

in this hon. House to congratulate Eastern Health and their CEO David Diamond on

achieving communications excellence at the 2019 International Association of

Business Communicators' Pinnacle Awards, held on June 26, at the Alt Hotel in

St. John's.

Eastern

Health received three awards, which include Awards of Merit for their 2018

influenza public awareness campaign, and a staff recognition video entitled

EZ Belong . They also received an award

of excellence for their Health Innovations Fair.

addition to these awards, CEO David Diamond was recognized with the 2019 Award

of Excellence for Organizational Leader. This award is presented annually to an

individual who has demonstrated leadership, with a vision and commitment to

communications excellence.

Mr.

Diamond was nominated by communications staff, who say he has a solid and strong

presence, which has permeated every fibre of the work carried out within Eastern

Health.

To quote

one media relations manager at the organization: Dave is committed to honest and

open communication with staff, clients and residents Eastern Health serves. He

leads by example and inspires everyone to give 100 per cent.

I ask

all hon. Members to join me in congratulating Eastern Health and their CEO David

Diamond on receiving these prestigious awards.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

Mr.

Speaker, I join with the minister to offer congratulations to Eastern Health and

their CEO, David Diamond, on receiving three awards for communications

excellence at the 2019 Association of Business Communicators' Pinnacle Awards.

The CEO,

Mr. David Diamond, was the recipient of the 2019 Award of Excellence for

Organizational Leader. Mr. Diamond was nominated by the communications staff at

Eastern Health. He was praised for the high quality of work and commitment that

he brings to the job each and every day.

Mr.

Speaker, it always makes us so proud when members of our public service receive

the recognition they rightfully deserve. On behalf of the Official Opposition,

we extend our sincere congratulations and a sincere thank you.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Leader of the Third Party.

MS. COFFIN:

Thank you, Mr. Speaker.

I would

also like to thank the minister for an advance copy of his statement. Those of

us with long memories will recall the communications disaster which was the 2007

ER/PR scandal. I'm delighted to stand here today and praise Eastern Health for

how far they've come since those dark days. It is impressive to see Eastern

Health move from a harsh review with a judicial inquiry to winning three awards

of excellence in communications.

Congratulations to CEO Dave Diamond, his staff and the hard work of everyone at

Eastern Health involved in winning this award.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

If I

may, I would like to also chime in my congratulations and recognize that Mr.

David Diamond, the CEO for Eastern Health, is here with us today. Thank you for

coming, Sir.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by ministers?

The hon.

the Minister of Tourism, Culture, Industry and Innovation.

MR. MITCHELMORE:

Mr. Speaker, I rise today to

recognize the incredible achievement of our very own Shallaway Youth Choir.

Just

recently, Shallaway became the first choir from the province to reach the final

round of the prestigious Seghizzi Choral Competition Grand Prix in Italy.

Competing against choirs of all ages and genres, Shallaway was awarded a third

overall finish.

Mr.

Speaker, on top of this significant achievement, Shallaway received two other

noteworthy accolades at the Grand Prix – a gold medal in the gospel category,

and a silver medal in contemporary music.

Congratulations to all the musicians in Shallaway's Camerata, as well as the

artistic director Kellie Walsh, collaborative pianist Leslee Heys and associate

director Jennifer Hart.

Shallaway is an internationally recognized and celebrated organization that is

dedicated to exploring, developing and celebrating cultural expression through

choral music. As ambassadors for our province, Shallaway has travelled the world

sharing music from Newfoundland and Labrador. Currently, the choir is still in

Italy, and will soon sing a full mass at St. Peter's Basilica in the Vatican.

Mr.

Speaker, these young men and women are leaders of Newfoundland and Labrador, and

I ask all hon. Members to join me in recognizing Shallaway Youth Choir on their

incredible achievement.

Thank

you.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for Terra

Nova.

MR. PARROTT:

Mr. Speaker, I thank the

minister for an advance copy of his statement. On behalf of the Official

Opposition, I congratulate the Shallaway Youth Choir on their recent success at

the Seghizzi Choral Competition Grand Prix in Italy.

Mr.

Speaker, being awarded a third overall finish, a gold medal in the gospel

category and a silver medal in contemporary music is an outstanding achievement

and an accomplishment that the entire province should be proud of. The success

of Shallaway is a testament to the dedication and talent of Shallaway's members,

vocal coaches, musicians, volunteers and the staff who work tirelessly to share

the talent of our youngest artists throughout the world.

congratulate Shallaway on their recent success and wish them the best in their

future. This province is full of talent and it's fantastic to see this talent

recognized on the world stage.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for the District of Labrador West.

MR. BROWN:

Thank you, Mr. Speaker.

I, too,

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

Shallaway Youth Choir on their award-winning performance and the importance of

international competition.

These

excellent singers and conductors have helped put Newfoundland and Labrador on

the map of choral music. Shallaway gives youth of this province an opportunity

to sing music from around the world, as well as traditional songs from this

province. Many graduates go on to have successful music careers and lifelong

choral memberships.

Thank

you so much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

Further

statements by ministers?

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

As you

would well know, the House was brought back today to vote on the appointment of

an Information and Privacy Commissioner. The report of the selection panel was

received on June 24 before the House closed.

Is the

Premier willing to explain why this appointment could not be made during the

last session in June?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

The

Leader of the Opposition is very much aware of the meeting, because he was

actually in the room when the three leaders – the Leader of the Third Party, the

Leader of the Opposition – were participating in a discussion that would

normally occur based on this information.

Mr.

Speaker, at the time, we were not in a position to actually bring the resolution

to the House of Assembly. That is why we're here today doing the due diligence

on the information that was provided to us July 23. Working with the speaker

himself brought us back to where we are today.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

At the Muskrat Falls inquiry,

Mr. Speaker, the Premier said – quote – it was my intention to do wetland

capping – unquote – but that the government unintentionally missed the deadline.

The Premier also said he would investigate why the deadline was missed.

What is

the result of this investigation?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

first of all, the inquiry, as we now know, was bringing forward some information

that I'm sure the Leader of the Opposition would consider by now that, as well

as working with his Members, if they had this information, probably we would not

even be in this situation today.

Yes, I

did testify. I spent two days there. A lot of information was shared, Mr.

Speaker. Like I said, at the inquiry, it came to my attention that the

pre-impoundment for wetland capping, when that came to Cabinet – this is all out

there publicly, and I've spoken to this at great length during the inquiry. It

came to our attention that it was approved in Cabinet. The resources and the

appropriation to continue on with wetland capping, the direction was given in

January. It was weeks after that we found that it could not be done, that the

window had closed.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, the Premier is

asking us to believe that everyone in government knew he wanted wetland capping

done and, somehow, it didn't get done.

In July

2018, Nalcor applied to the government to carry out wetland capping within the

reservoir of Muskrat Falls. This must be the first time in history that Nalcor

didn't get a permit it asked for.

Why did

the government defy Nalcor on an issue so important to Labradorians?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Yes,

there was an amendment that came in. It would have been the fourth or fifth

amendment to that permit. I would say to the Leader of the Opposition that it

was very clear that that came in, in July of 2018. It gave a deadline of

December 1.

All of

this – I've said this and mentioned this at the inquiry, so this is not news

what we are saying today. This has been publicly discussed, and through the

inquiry, which was one of the good things, I will say, that this information is

now coming out. Unfortunately, we are finding out a lot of information that even

the Leader of the Opposition is still protecting, I would say, Mr. Speaker.

So, with

that said, the permit – I was not made aware of it, Mr. Speaker. This is not the

correspondence that would have come to the Premier's office. I had many, many

meetings that would have occurred during that time. This did not come up. Many

meetings with Nalcor, it did not come up. As a matter of fact, Stan Marshall

also said at the inquiry that he probably could have urged and asked on a more

regular basis of where this was.

This was

not intentional, Mr. Speaker. It was always my intention to do wetland capping.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Well, Mr. Speaker, in the

context of methylmercury and the capping, the Government of Nunatsiavut said

yesterday that the Premier has repeatedly betrayed their trust on reconciliation

issues.

Does the

Premier think trust with Indigenous peoples can be restored, and how does he

plan to do it?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, when you look at

the IEAC and that formation, that was put in place simply because the previous

administration ignored this. You cannot forget, I would say to the Leader of the

Opposition, that it's the party that you now lead that missed this, missed the

opportunity and dismissed all of this prior to sanctioning. So let's not forget

how we got to where we are. It was this –

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

PREMIER BALL:

Thank you, Mr. Speaker.

Would

you want to repeat that out loud, I say to the Leader of the Opposition? I'll

give you the chance. Stand up and repeat what you just said.

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

I'm talking about now, not

the past.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, lessons of the

past are very important, and it's the reason why we're having this inquiry

today. That is the reason why the Muskrat Falls Project, Mr. Speaker, is 30 per

cent of the net debt of this province. That was not told to us by the previous

administration, but I want to get back to where we are today. I appreciate that.

The

Indigenous groups, Mr. Speaker, were brought to the table in October of 2016.

They were participating. Since that time, there's a considerable amount of data

that has been collected. All of this has been disclosed to the inquiry.

Mr.

Speaker, today we've reached two agreements with the Innu, who are the

constitutional rights holders to the land around the Muskrat Falls Project area.

We cannot forget that. We've reached an agreement with the NunatuKavut council.

So two

of the groups, Mr. Speaker, we've been working very closely with, and we want to

work with the Nunatsiavut Government as well.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, I asked the

Premier earlier what results his investigation into the fumbling of the permit

for doing the wetland capping, what conclusion was reached.

Can I

ask the Premier, which of his ministers failed to execute on this?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, when information

comes to Cabinet in the form of a presentation – which was all made public

through the inquiry. The presentation comes, the minister of the day brings that

to the Cabinet table. That was January; I think it was the 9th of January that

that presentation came to Cabinet.

At no

point during that presentation was there any recognition that the opportunity

for wetland capping had passed. That information wasn't disclosed. So at that

point the presentation was given from the information that had been put

together. There were five or six meetings of the deputy ministers, meetings that

would have occurred on the Lower Churchill based in – that would have been in

2018. This was never disclosed at those meetings. It wasn't until about the

third week in January, the information about pre-impoundment for wetland capping

that that window had closed. That came out of a meeting with the deputy

ministers.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

The acting minister of the

day and the present Minister of Justice didn't get a chance at the inquiry to

explain his role, and so I give him that opportunity now.

Can he

explain to the House how the information that was missing from Cabinet

presentations came to be missing?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, the information

in to the ministers – ministers bring it to the Cabinet table. When the

presentation comes to the Cabinet table – thank you, Mr. Speaker, for the

protection – so when it comes to the Cabinet table, the ministers do the

presentation, they're supported by the deputy ministers of the day.

At that

time there was no indication, based on the presentation which is all publicly

available, none of that information about the window closing for pre-impoundment

– as a matter of fact, Mr. Speaker, immediately after we found out that

pre-impoundment wetland mitigation was no longer an option, I directed the

deputy ministers and Nalcor to go and look for a new approach.

This all

came out in the inquiry, Mr. Speaker. None of this is news today.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Well, it remains the case,

Mr. Speaker, that the opportunity to take preventative measures against

methylmercury contamination in Lake Melville was blown during the watch of the

Minister of Justice.

Will the

Premier do his duty by reprimanding and dismissing this minister?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, 1,300 samples

have been collected. So when you compare this to the Calder model in 2015, they

set a 23-metre level of the reservoir. If you took what Calder was forecasting

in 2015, it would've been a 50 per cent increase in methylmercury from where we

are today.

So, Mr.

Speaker, yeah, it was frustrating. It was disappointing to know we had missed

the opportunity for wetland capping, I say that. But with the information that

we now have available to us, that is not demonstrating or forecasting where they

thought it would be at this particular point in time. That is the reason why

we've reached out to the Indigenous groups.

We have

two agreements that have been signed, Mr. Speaker, with $30 million now

available to be spent on issues that could bring benefits to the Indigenous

communities. This was never about saving money.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MS. EVANS:

Mr. Speaker, people in my

district are speaking out against a missed window of time to cap the Muskrat

Falls wetlands and mitigate against poisoning of their food chain by

methylmercury.

Will the

Premier agree to conduct an independent investigation into this important issue

of trust between his government and Indigenous peoples and table the report in

this House?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, the

recommendations from the IEAC, the Independent Expert Advisory Committee that

was put together, included three Indigenous groups, as well as some communities.

There were recommendations.

Mr.

Speaker, this Committee was put in place to find a consensus on recommendations,

but also to use evidence-based information that was available to them. During

the period of time the final report came in to government in April of 2018, we

continued to collect samples. None of the samples right now that we've collected

– 1,300 of them, compared to, I think it was some-48 that have been collected by

Calder – are showing that it would lead to increased levels of methylmercury

that will lead to health risks for Indigenous communities.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Torngat Mountains.

MS. EVANS:

Mr. Speaker, Members on this

side of the House, including myself, have asked questions repeatedly about this

issue. Government should not have missed the deadline.

December 25 the Premier said, and I quote: We are looking at options that we can

actually have to mitigate methylmercury. And also, I say and quote: His

intention to work with these three Indigenous groups. I suggest to the Premier

that this answer actually misled many Indigenous leaders that capping was still

possible.

So now I

ask the Premier: Why didn't he tell us that the deadline had passed for capping?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, this information

is all out there in the inquiry. We've continued to engage with our three

Indigenous groups. I participated in a conference call with the NG just a few

days ago. We've had the CEO, through the direction of government, he's met with

all three Indigenous groups to see what the next steps would be.

cannot forget that the evidence that's been created, the data that we've been

able to collect over the 1,300 samples that are now publicly available, and

we've offered to the Indigenous groups to bring in the experts that could

actually share this information and the

interpretation of what it means.

Mr.

Speaker, in 2015, what we saw from the predictions of the Calder model is not

what we're seeing today in the reservoir and both downstream at Lake Melville.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Torngat Mountains.

MS. EVANS:

Mr. Speaker, since I've been

elected I've been advocating for the people of Labrador on this issue. Also, on

June 25 the Minister of Municipal Affairs and Environment said the health of the

people trumps everything.

I ask

the Premier: How are you going to protect against future risks of methylmercury

to human health and to the food chain?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, one of the

recommendations of the Independent Expert Advisory Committee was community-based

ongoing monitoring. This is the reason why we wrote the Indigenous groups to put

the implementation committee in place so that we can implement those

recommendations from the IEAC. This is important for us.

Mr.

Speaker, you would remember, even in times there was – we talked about before

there was the environmental assessment. There were conditions put on the

environmental assessment back in June of 2016 that, right now, we would take

compensation measures around a food security fund and so on.

Mr.

Speaker, it's important that we continue to work with our Indigenous groups. Mr.

Marshall has worked and have met with and reached an agreement with NunatuKavut

and with the Innu right now. But let's not forget the constitutional rights

holders of the lands around the Muskrat Falls Project area are the Innu and we

cannot just simply dismiss this.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Torngat Mountains.

MS. EVANS:

Monitoring is not protection,

Mr. Speaker. I'm just a little bit emotional right here right now.

government is supposed to protect its people, its lands and its wildlife. That

is why I ran. That's why I'm standing here speaking to you now. Due to the

incompetence of this Liberal government, all three are now at risk.

I ask

the Premier: How are you going to protect the people of my district?

people are going to be poisoned, Mr. Speaker. It's my people, Nunatsiavut people

in North West River, in Mud Lake and in Rigolet. They are the ones that are

going to be affected by methylmercury because we eat the food; we eat the organs

that actually are in the food. Over time, Mr. Speaker, as a scientist yourself,

you know that it accumulates, poisoning of my food chain.

MR. SPEAKER:

Thank you.

The hon.

the Minister of Municipal Affairs and Environment.

MS. DEMPSTER:

Mr. Speaker, there's some

extreme messaging out there that people will be poisoned. I say to the hon.

Member, my fellow Labradorian: That is absolutely false.

We have

a world-class water-monitoring system put in place. It was applauded by the

Independent Expert Advisory Committee. What that does, Mr. Speaker – we've

actually seen some flooding and thought, based on Calder, that we would see an

increase in methylmercury, but we did not. We might have seen a bump in the

reservoir, but not further down in Lake Melville where this is concerned with

the food chain.

Mr.

Speaker, when the Member says monitoring is not protection, she's missing

something. We monitor the water. If we see an increase in methylmercury that

gets to a danger level, we go out then and we inform the people that right now

you cannot eat your country food.

We are

nowhere near that, Mr. Speaker. Most of the levels, of over 1,300 samples, are

below what you can even detect.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MS. EVANS:

Mr. Speaker, as one fellow

scientist to another scientist, bioaccumulation in the food chain has been

proven over time and time again. Right now, the monitoring is in partial

impoundment, partial flooding. We know that when it's flooded, that's when the

methylmercury will be released. That's when it's going to start to accumulate.

Measuring water samples right now is not really effective in forecasting the

future.

I say to

you that bioaccumulation in the food chain for Inuit Indigenous people that eat

the food, it will cause methylmercury poisoning in their breast milk, in the

organs of the children and in the parents, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Municipal Affairs and Environment.

MS. DEMPSTER:

Mr. Speaker, you will

remember back in August of 2016, you and I attended a scientific workshop

meeting on methylmercury. At that time, there was no clear consensus on what was

the safe way to go forward. There are a full chronological number of events that

happened after that, but the water monitoring plan was then born from that.

I say to

the Member, right now there's no restriction on country food. As the impoundment

happens and the water levels go up if there is a concern, it may be – and we're

not talking salmon at all, we're talking smelts and seal and brook trout. If

there is a concern, we may have to go out and say you cannot eat trout seven

times a week, you can eat trout twice a week, Mr. Speaker, but that is the

reason why we're monitoring. That is the reason why we have 13 monitoring

stations –

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MS. DEMPSTER:

– set up, Mr. Speaker; 13,

where we are monitoring every single week.

MR. SPEAKER:

I remind the Members I will

not tolerate interruptions.

The next

Member, please.

The hon.

the Opposition House Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

On July

17, the Hibernia Management and Development Company reported an oil spill.

Can the

minister please provide an update on the environmental cleanup efforts?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

I will

say that this is not acceptable. It's unacceptable to the Government of

Newfoundland and Labrador, it's unacceptable to the people of Newfoundland and

Labrador and it's unacceptable to industry. Safety and environmental protection

is our primary concern.

I'm

going to say that, Mr. Speaker, because I think it needs to be said. I will say

that the recovery efforts are continuing. There are currently seven vessels, as

the Members opposite know, as the people of the province know. Hibernia

management has been keeping the people of the province aware that there are

large efforts under way to ensure as much recovery as possible is done on the

oil and water mixture.

There

have been wildlife observers. Environment Canada is involved. The Canadian Coast

Guard is involved, Mr. Speaker, and most of all, the regulator is involved.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

Budget 2016

reads: “The Nalcor Board will

be directed to review their operational structure to achieve efficiencies and

develop a plan to bring their compensation, benefits, and gender equity policies

more in line with similar positions in other public sector bodies.”

I ask

the minister: Has the compensation and benefits policy of Nalcor been reviewed?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

That is

an ongoing process. They have been engaged with Human Resource Secretariat of

the Government of Newfoundland and Labrador to bring like-minded positions in

line. That work is continuing and will be continuing.

As we

have said in this House on many occasions, we want to ensure that the

compensation of our entities are in line with the provincial government.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

In 2018,

five Nalcor executives took home bonuses totalling $312,000.

I ask

the minister: Does she believe that these high bonus figures are in line with

compensation across the public sector?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Well, thank you, Mr. Speaker.

I wish

he had asked that question when he was minister in the former administration,

because that is where those bonuses were borne from and became part of the

compensation packages of the Nalcor executives.

AN HON. MEMBER:

It's contractual.

MS. COADY:

And it is a contractual

agreement, as my colleague had just indicated.

Mr.

Speaker, we are concerned, as we continue to be concerned, with the costs and

the compensation of Nalcor Energy. That is why we're working with the Human

Resource Secretariat to bring like-minded positions in line with government.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Terra Nova.

MR. PARROTT:

Mr. Speaker, on July 12 we

also learned that former Liberal Premier Roger Grimes had been appointed to the

Chair of the C-NLOPB. During the recent provincial election, Mr. Grimes was

doing Liberal radio ads in Central Newfoundland.

Mr.

Speaker, is Mr. Grimes's appointment, him being rewarded for his loyalty to the

Liberal Party?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

Mr.

Grimes was appointed to the board of the C-NLOPB last year by the federal

government. He was appointed interim chair of the C-NLOPB by his fellow board

members. Then there was an extensive process from the province, an Independent

Appointments Commission process, as well as by the federal government, and Mr.

Grimes's name came to the top. He does have a depth of experience.

Political affiliations aside, it was an Independent Appointments Commission

review and an independent appointments commission review federally as well. As I

said, the board itself appointed him as interim chair. He's eminently qualified,

and I'm sure he'll do a good job as Chair of C-NLOPB.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the

District of Terra Nova.

MR. PARROTT:

Mr. Speaker, given the

government's failure in efforts on Bill C-69, how can the minister now support

having such a partisan Liberal talking head in such an important position?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

I think, Mr. Speaker, that is

quite disrespectful to the people that serve on the board of C-NLOPB.

As I

said earlier, the people that serve on the board of C-NLOPB that were placed by

the former administration, actually chose Mr. Grimes as their interim chair.

Then the independent appointments process, both federally and provincially,

chose him as the permanent chair, Mr. Speaker.

I will

say that we do have a CEO, and I think it's very important that we talk about

the governance of C-NLOPB. This government has, in working with the federal

government, separated the role of chair and the role of CEO, Mr. Speaker, to

ensure proper and effective governance and most modernized governance. So it is

good that we have a part-time chair and a full-time CEO.

Thank

you.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the

District of Stephenville - Port au Port.

MR. WAKEHAM:

Mr. Speaker, on Friday, July

12, the government announced Dean Brinton had been terminated without cause from

The Rooms with a hefty, secret payout. Mr. Brinton had spent close to 15 years

as the CEO of The Rooms. Rumors continue to swirl that his departure was related

to his reluctance to accept the political appointment of Carla Foote to an

unadvertised position, paying $132,000.

I ask

the minister: Did the political appointment of Carla Foote play a role in the

departure of Mr. Brinton?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

These

are two completely different matters. Discussions with Mr. Brinton had been

ongoing regarding the decision that was made. There was no secretive payout.

Government were very forthright and the fact that he received 11 months pay as

compensation. That's been out there. It's known by everybody, Mr. Speaker.

The

reality is, Mr. Speaker, we respect the privacy of Mr. Brinton, which is

something that was mutually agreed to. This is a HRS matter, and I think that

all parties involved should respect the privacy of the individual that we're

talking about.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Stephenville - Port au Port.

MR. WAKEHAM:

Mr. Speaker, it has been

almost a year since defeated Liberal candidate George Joyce was appointed Acting

Chair of the Public Service Commission without any competition and who now

oversees all recruitment and hiring within the public service.

Mr.

Speaker, I ask the minister: When is he going to remove patronage from the

Public Service Commission by properly advertising and filling this position?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister

Responsible for the Human Resource Secretariat.

MR. OSBORNE:

Thank you, Mr. Speaker.

I think

we have done a good job of removing patronage from the public sector.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. OSBORNE:

Mr. Speaker, there have been

over 500 positions appointed through the appointments process, a merit-based

appointments process that was put in place by this government.

Prior to

us coming to office, all 500 of those positions would have been appointed – hand

selected by ministers. In fact, just prior to the election in 2015, I think one

individual minister on one day appointed about 40 people.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. COFFIN:

Thank you, Mr. Speaker.

Mr.

Speaker, government has tasked departments and agencies with finding

efficiencies to deal with our fiscal crises. They then turn around and bring the

House back in the depths of summer at considerable expense to vote on a motion

which could easily have been dealt with in last month's sitting.

I ask

the Premier: Why the double standard?

MR. SPEAKER:

I'm going to take that

question myself because, as the Speaker, I was responsible for convening the

selection committee. I can explain in further detail, but I don't see it as the

purview of the administrative policy of this government, so I'll rule that out

of order.

Next

question, please.

The hon.

the Member for St. John's Centre.

MR. J. DINN:

Thank you, Mr. Speaker.

During

the hiring process for the Commissioner, many discussed the fact that the

legislative process was not clear.

I ask

the Premier: Will he commit to reviewing the legislation to make it more

definitive?

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you,

Mr. Speaker.

apologize; I never quite caught all of the question there. I think the question

that was asked was about the appointment process for the Information and Privacy

Commissioner, which would come under ATIPPA 2015, and again I think there's

actually a five-year review process on this.

So what

I would suggest is that's due for a review within a year. However the process

established, which was voted on unanimously in this House, called for a

committee that was appointed outside of this House containing membership from

Memorial University, from the chief judge, Clerk of the Executive Council and

Clerk of this House of Assembly, so it's a process that, again, was voted on in

this House by everybody.

But when

it comes to changing processes to make them better, we're always willing to look

and examine those.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Labrador West.

MR. BROWN:

Mr. Speaker, last year the

former MHA for my district put forward a successful private Member's motion

asking the House to support consultations on how to avoid protracted work

stoppages.

I ask

the Premier: Fourteen months later, what is the status of this work?

MR. SPEAKER:

The hon. the Minister of

Advanced Education, Skills and Labour.

MR. DAVIS:

Thank you, Mr. Speaker.

There

was a private Member's resolution that was brought forward in the House that,

unfortunately, passed on the Order Paper and didn't get debated.

At the

end of the day, the protracted labour disputes, 97 per cent of those disputes

that come to conciliation end in a negotiated settlement, which is exactly what

we want. We encourage both parties to work together to come to agreements.

That's when the best agreements are had, when both parties sit down together and

weigh the balances on both sides and come to an agreement together.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Member for Labrador West.

MR. BROWN:

Mr. Speaker, I ask the

Premier: Why doesn't he just simply abide by the recommendations made seven

years ago by the industrial inquiry into the lengthy Voisey's Bay strike?

MR. SPEAKER:

The hon. the Minister of

Advanced Education, Skills and Labour.

MR. DAVIS:

Mr. Speaker, as I said

before, 97 per cent of these protracted labour disputes don't actually get to

that point any longer than six months.

So it's

an important piece that we deal with and ensure that both parties, we support

them with conciliation officers, we support them through the process, encourage

them to get back to the table. Our Premier and the former minister in this role

did that exactly, encouraged both parties to get back to the table in a dispute

in the Gander area.

encourage those parties, when that happens – and it doesn't happen very often.

So we encourage them to both work together to find a solution that's the best

approach. That's the best approach we found in governments right across this

country, Mr. Speaker.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MR. J. DINN:

Mr. Speaker, last week the

CEO of The Rooms was fired and the remaining year of his contract paid out. This

CEO did not publicly support the government's hiring of the Liberal staffer for

an executive position at The Rooms, after the CEO had already signed a contract

to hire someone else through the normal process.

Can the

Premier say that the dismissal of The Rooms CEO had nothing to do with the

appointment of Carla Foote as executive director of marketing and development?

MR. SPEAKER:

The hon. the Minister

Responsible for the Human Resource Secretariat.

MR. OSBORNE:

Thank you, Mr. Speaker.

As I'd

indicated earlier in Question Period, these are two completely separate matters.

MR. SPEAKER:

Thank you.

The time

for questions has ended.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Notices

of Motion.

Notices of Motion

MR. SPEAKER:

The hon. the Member for

Fortune Bay - Cape La Hune.

MR. LOVELESS:

Thank you, Mr. Speaker.

introduce the following private Member's motion, seconded by my colleague for

Mount Scio:

WHEREAS

the Premier's Task Force on Improving Educational Outcomes and the Education

Action Plan both recommended developing a phased-in implementation plan for

junior kindergarten; and

WHEREAS

Ontario, the Northwest Territories and Nova Scotia have implemented or are in

the process of implementing province-wide junior kindergarten; and

WHEREAS

play-based learning promotes children's natural sense of curiosity and discovery

through hands-on exploration of the world around them;

THEREFORE

BE IT RESOLVED that this hon. House supports the Government of

Newfoundland and Labrador in taking necessary steps towards establishing a

junior kindergarten program.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Thank you.

Further

notices of motion?

The hon.

the Minister of Service Newfoundland and Labrador.

MS. GAMBIN-WALSH:

Mr. Speaker, I give notice

that I will ask leave to introduce a bill entitled,

An Act To Amend The Highway

Traffic Act, Bill 5.

MR. SPEAKER:

Thank you.

Further

notices of motion?

The hon.

the Minister of Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

Firstly,

pursuant to Standing Order 63(3), the motion just entered by the Member for

Fortune Bay - Cape La Hune shall be the private Member's resolution debated this

week.

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

Act Respecting The Supreme Court In The Province, Bill 7.

Further,

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

An Act

Respecting Disclosure Of Information Under An Interpersonal Violence Disclosure

Protocol, Bill 6.

Further,

Mr. Speaker, I give notice that I will on tomorrow move the following motion:

WHEREAS

in accordance with subsection 38(1) of the

House of Assembly Accountability, Integrity and Administration Act , the

Commissioner for Legislative Standards has submitted a report respecting his

opinion on a matter referred to him under the authority of subsection 36(1) of

that act.

THEREFORE

BE IT RESOLVED that this House of Assembly concur in the Parsons

report of June 25, 2019.

And

finally, Mr. Speaker, I give notice of the following resolution:

WHEREAS

section 85 of the Access to Information

and Protection of Privacy Act, 2015 provides that the Office of the

Information and Privacy Commissioner shall be filled by the Lieutenant-Governor

in Council on a resolution of the House of Assembly;

THEREFORE

BE IT RESOLVED that Michael Harvey be appointed as the Information and

Privacy Commissioner effective August 5, 2019.

Thank

you.

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

Exploits.

MR. FORSEY:

Mr. Speaker, the residents of

Exploits District have a great concern from the result of the 24-hour emergency

service cut to the Dr. Hugh Twomey Health Care Centre in Botwood.

All

residents feel that the 8 a.m. to 8 p.m. service does not adequately and

efficiently address the emergency requirements of this district, affecting both

patients and residents of receiving adequate care when needed.

We, the

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

Newfoundland and Labrador to restore the 24-hour emergency service to the Dr.

Hugh Twomey Centre immediately.

Mr.

Speaker, during the campaign, and even since we've been home going through the

district, the Dr. Hugh Twomey Centre keeps coming up. This facility is very

crucial to our rural area, including the Botwood residents and the outlying area

as well.

Some of

the residents feel that the one-hour drive to the Dr. Hugh Twomey Centre – and

if it's after 8 p.m. they have to drive another 40 minutes into Grand

Falls-Windsor, which is usually blocked to capacity by this time, and in the

winter months adds more stress and unnecessary stress to the patient, and even

the facility at Grand Falls-Windsor.

Twomey

Drive is located in Botwood, appropriately where the hospital is located. This

drive and the hospital is named after the man who put it there himself, Dr. Hugh

Twomey.

Mr.

Speaker, during the election the Premier was there. He knows where Twomey Drive

is, he knows where the hospital is, he was there four days before the polls

closed and he promised to reinstate the 24-hour emergency service in 2021.

People want to see it now, not in a couple of years. That's why the seniors

moved to the seniors' homes and apartments on Twomey Drive, because it's located

right next to the hospital there in Botwood.

Besides,

Mr. Speaker, the previous government spent millions of dollars, including X-ray

labs, beds, kitchens, updated the blood facilities in that facility. Nothing has

changed, Mr. Speaker. All the facilities are still there, yet the 24-hour

emergency service has been cut. People of the Exploits District are not

satisfied with it and would like to have it reinstated right away.

Mr.

Speaker, I have 52 pages here, and that's only a week petition, a week-long

having it out. I have lots more pages to come and I know there will be more

coming in the near future.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further petitions?

The hon.

the Member for Topsail - Paradise.

MR. P. DINN:

Thank you, Mr. Speaker.

WHEREAS

many students within our province depend on school busing for transportation to

and from school each day; and

WHEREAS

there are many parents of school-aged children throughout the province who live

inside the eastern school district's 1.6 kilometre zone and therefore do not

qualify for busing; and

WHEREAS

the policy cannot override the safety of our children.

THEREFORE we petition the hon. House of Assembly as follows:

We, the

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

Newfoundland and Labrador to eliminate the 1.6 kilometre policy for all

elementary schools in the province and in junior and senior high schools where

safety is a primary concern.

Again,

this is not a new petition to this House. It's been presented on many occasions.

We're at midsummer now. I would say the retail ads will be going in on schools,

at the school displays and so on. This is a time when we really have to start

looking at this policy before the fall opening of the schools.

The 1.6

kilometre, especially in the winter season, has created safety concerns. I

personally, and I'm sure anyone in this House, do not want to see someone hurt,

injured or killed trying to go to school.

So I

really would call upon and urge the House of Assembly, on behalf of these

petitioners here, to address the 1.6 kilometre policy and eliminate it.

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Thank you, Mr. Speaker.

certainly appreciate the comments from the Member. Again, I'll repeat that it's

paramount on behalf of this government, Mr. Speaker, about the safety of our

school children. We've taken action to address the concerns, and the current

policy is comparable.

Can we

make it better? Absolutely, Mr. Speaker. We'll do that over time, but in most

cases our policy right now is favourable to most provinces.

We are

consistently collaborating with the district to address the concerns, and to

date, Mr. Speaker, 649 additional courtesy stops have been implemented within

the 1.6 kilometre zone. We'll continue to work with the department.

Again, I

want to go back to the policy, and the fact that it is working and it's prudent

to consider thoroughly. If, for example, additional funds were to be put into

education, Mr. Speaker, would this be the best use or should they be placed in

other areas such as teaching resources?

Again,

Mr. Speaker, I thank the hon. Member for his petition and certainly we're

prepared to work together.

Thank

you.

MR. SPEAKER:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further petitions?

The hon.

the Deputy Government House Leader.

MS. COADY:

Thank you, Mr. Speaker.

I ask

leave to debate and move the resolution to appoint the Privacy Commissioner. I

understand that we do have leave to appoint a Privacy Commissioner.

MR. SPEAKER:

Leave is confirmed?

AN HON. MEMBER:

Yes.

MR. SPEAKER:

Thank you.

Please

proceed.

MS. COADY:

Thank you very much, Mr.

Speaker.

Do you

want (inaudible)?

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, Mr. Speaker.

We're

here today, and the resolution was just – notice provided for today, and I

appreciate my colleagues on the other side giving confirmation that we can move

forward with the disposition of this matter.

So,

essentially, this is a – sorry again – moved and seconded by the Minister of

Natural Resources. Thank you to the Clerk, who again is going to be mentioned in

my comments now shortly because she was a part of the process to help select the

new Information and Privacy Commissioner.

Perhaps

what we can do is – I'll try my best to provide some background on the process

and how we've come about going through this. The Information and Privacy

Commissioner is a fairly important position, one that's been in this province

now for some time, and I wouldn't be able to give you a full comprehensive list

off the top of my head. I can remember dealing with Mr. Ed Ring when he was in

the position for some time, and then Donovan Molloy was put in the position.

Then, of

course, Mr. Molloy ended up being appointed to the Provincial Court bench in

Northwest Territories. It's a position that, I would remind people out there,

it's not appointed by government per se. It's an independent statutory office of

the House of Assembly, similar to the Child and Youth Advocate, similar to the

chair of elections, the Commissioner for Electoral Standards, similar to the

Seniors' Advocate.

These

are positions that are appointed by the House, through a resolution of the

House. Now, I'll point out one – so this is all done under the auspices of the

Access to Information and Protection of

Privacy Act 2015 which, I believe it's under

section 85, lays out how this

position is appointed.

It's

interesting, because I've had people want to discuss this, and I explained that

as Government House Leader, essentially, I'm the vessel through which this

resolution would enter into the House. It's not the same as me putting forward a

motion, to call a motion when we talk about legislation under the Department of

Justice and Public Safety. This is a resolution that comes from the House.

In fact,

when Commissioner Molloy took leave of the position to move to the Northwest

Territories, in fact it was the Management Commission of the House that

appointed the interim Commissioner, Ms. Victoria Woodworth-Lynas. So I wanted to

provide that context here. This is an individual whose position comes to us,

again, by Members of this House voting. Now, I would also submit that the

process through which this person goes is different than what's happened in the

past, or even different than what happens under the Independent Appointments

Commission.

Now, to

provide some background on this – and I believe there was a question asked by my

colleague from the Third Party about the process. Well, back previously, this

position was appointed by government. Government appointed who they wanted. When

Mr. Ring was appointed there might've been a resolution in the House, but at the

end of the day there was no process per se. This was a position that was

appointed by government; who do you want to put in that position?

Now, I'm

not taking any shots at that commissioner. Mr. Ring, who I dealt with when I was

in Opposition, did his job, did it very well, and I can certainly say that

whenever you had any questions he was more than willing to answer. What happened

then, and without getting into the whole ordeal that was the Access to

Information Act and what went on between 2012 and 2015, but in 2015 there was a

new act brought in that was voted on – someone can correct me if I'm wrong, but

I'm willing to say that that was voted on unanimously in favour of by all

Members of the House, no matter which party stripe they wore.

So part

of that process brought in this new act, and under

section 85 it talks about the

process to appoint the Information and Privacy Commissioner. I don't have the

act specifically in front of me now, and I might have an opportunity again when

we close debate on this resolution, to get into it if necessary, but what I

would refer people to is

section 85 of the act where it talks about the process.

Again, it's the Speaker that actually plays a significant role in this process;

whereas there's a committee appointed that will do the work, the due diligence

in appointing this individual.

It's

made up of, I believe, the chancellor of Memorial University or their designate,

the president, and in this case I believe it was actually Mr. Kent Decker that

played a role on that. Having done work with Mr. Decker, I have nothing but good

and kind words to say about him. He's truly a public servant beyond reproach.

It also

has Chief Judge Pamela Goulding, someone who's had a long and significant

history with the public service, dating back to her time in the department of –

back then it was just the Department of Justice. She was elevated to the bench,

served in a multitude of roles, and right now is the chief judge of our

Provincial Court. So Chief Judge Goulding sits on this Committee, which I

believe, I will point out, was involved in the appointment of Mr. Molloy to

this.

Now, the

third

part is it actually involves the Clerk of the House of Assembly, who's

sitting here in the House with us. She plays a role in this and certainly has,

again, a wide background in public service through multiple departments, but has

been in the House of Assembly with us for some time, and we appreciate her

guidance as we move through these processes and through the legislative debate.

Finally,

it contains the Clerk of the Executive Council, which right now is Ms. Elizabeth

Day.

So that

Committee is tasked, with the Speaker, to take the information that comes in,

the different applications. This is something that's publicly posted, people

have a chance to apply. I believe they work with the Public Service Commission

as well. Again, at the end of the day, after the process is done candidates are

churned out, and it's the Speaker's job to work with these candidates.

specifically states in the legislation to work with the leader of the governing

party, which would be the Premier, the Leader of the Official Opposition, the

leader – and it doesn't specifically say NDP or Third Party, it just says any

third party or party. I forget the exact wording, but this would refer to any

other, basically, party that has standing in this House, and they have a

consultation on what should we do.

Now, I

can remember a consultation of this nature happening with the previous

appointment of Mr. Molloy. There was a debate and, for some reason, I can

remember having conversations with the former Leader of the Official Opposition,

former premier, Mr. Davis played a role at that time. I remember having

conversations on the different candidates at that time, how this was going to

work. Then we eventually had the decision and a resolution brought forward for

Mr. Molloy to be appointed to this role.

Similar

to this, there was a consultation, there's a discussion. There are multiple

candidates brought forward. At the end of the day, we have a process whereby we

here in the House – again, as House Leader, I am the vessel through which it

travels. My job on any number of resolutions is just to put it out there on the

floor of the House for it to be debated and voted on by Members. What we have

here is we have Mr. Michael Harvey, who the resolution is stating be appointed

as the Commissioner, be appointed to this statutory office effective August 5 of

Now,

what I can say about Mr. Harvey is – and I don't have his résumé here in front

of me, but I've had the experience of having had an opportunity to work with him

at various times here in government in various roles. I've also seen his work

back – he's been in the civil service for some time, in fact. He's been working

in multiple departments, most recently in the Department of Health.

The

involvement I had with him was when we were dealing with cannabis and with the

legalization of cannabis. He played a significant role in that. It's funny now,

how when we talk about cannabis and the biggest issue seems to be we can't get a

big enough supply of cannabis. Well, I can tell you that from the time we got in

in 2016 up until the actual legalization, there was a significant level of

anxiety and stress over this. There were significant questions.

I can

remember a lot of people talking about the implementation and how we wouldn't be

ready and how things were – you know, all these fears which were fine and dandy,

but behind the scenes – again, I won't take any of the credit here. Behind the

scenes there were a number of people working on this from multiple departments.

Mr. Harvey was one of the leads on that. What I can say is he did a tremendous

job with that part of public policy, which was a huge shift in this province and

in this country.

It's not

just taking what you want to do in Newfoundland and Labrador and making it

apply. You also have to deal with the feds and look at other provinces. It took

a lot of collaboration. It took a lot of working with others. It was a

significant grind that he was a part of.

That's

not without looking at all the other things that he's worked at in his time

within government. Right now, I believe he is an assistant deputy minister in

the Department of Health. So I'm sure if my colleague, the Minister of Health

and Community Services, was to talk about him, he could talk more intimately

about the background he held in Health; however, what I would say is he has

excerpts on his résumé that make him qualified and suitable for this position.

Really,

when you think about this commission, when we think about the access to

information, one thing we always talk about is just the access to information. A

lot of times we overlook the protection of privacy, which I can tell you is

something that probably has a lot of concern for me now. More and more when we

think about it, when we look at it, everyone in this House can talk about our

constituents. In fact, when we talk about our data, our information and it's

release in an unauthorized fashion from going out there, whether it's through

government departments or through whatever, it's something that I have

significant concern. On the other side of that is the access to information

where citizens have a right to information.

Now,

obviously, there are levels to this. There are limits to this, and that is

something that is contemplated without rehashing the entire piece of legislation

that was debated here back in this House. What I can say is it's a pretty

comprehensive, significant piece of legislation that was formulated by three

individuals over a significant period of time. There is a statutory review that

will come in in five years, which means in 2020 we're going to have another

review of the legislation. It's something that as the minister responsible,

whether you're talking to citizens, whether you talk to journalists, whether you

talk to ATIPP coordinators, there are certainly things we can look at.

One of

the questions asked today during Question Period was about the process itself.

Well, when we do the statutory review and the committee is appointed, these are

all things that can be looked at to make sure that the act is the best that it

can be. But the reason we are here today is because we need a commissioner, and

the legislation also states that we must do so sooner rather later, which is why

we are here today.

It's

funny, because once upon a time I can remember when we were in this House and

people would say, my God, the House doesn't sit very often. Then when the House

comes back unexpectedly, now people complain and say, well, why are you here in

the House? So sometimes you can't win for losing.

The fact

is we are here via legislation today. That's the reason we are here today, to

comply with legislation. Any day that we can sit in the House and debate and

talk, I think is actually a good day, and it's something that our constituents

often like to see us do.

The

reason we are here, as I stated, is to appoint Mr. Michael Harvey to this role.

In closing my comments to this and deferring to my colleagues across the way,

what I can say is my colleagues on the government side look forward to

supporting Mr. Harvey, who many of us have had a chance to work with. We look

forward to supporting Mr. Harvey in this role.

What we

would also like to do at this time is to thank Ms. Victoria Woodworth-Lynas for

the work she has done in an interim fashion. She came in fairly quickly, fairly

rapidly, because the resignation of Mr. Molloy was not something that there was

a significant period of notice on. She came in and she did a fantastic job, and

we'd like to thank her for that. She is also someone who has done yeoman's work

when it comes to the public service and service to Newfoundlanders and

Labradorians. We want to thank her for that.

We wish

Mr. Harvey the best in this new role, pending confirmation of the resolution

here today.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Leader of the Official Opposition.

MR. CROSBIE:

Thank you, Mr. Speaker.

I thank

the minister for his remarks, and I echo his congratulations to the successful

candidate, Mr. Harvey, and as well thank the interim commissioner for her

service.

This

process is worth some more context than the minister has provided, and I'll

start at the beginning.

On March

18, 2014, Premier Tom Marshall appointed three individuals with expertise in

law, privacy legislation and journalism to conduct an independent, statutory

review of the Access to Information and Protection of Privacy Act, often known

as ATIPPA.

These

three individuals were former Premier and Chief Justice Clyde Wells, former

Privacy Commissioner of Canada, Jennifer Stoddart, and former CBC journalist,

Doug Letto – highly regarded individuals with a great deal of expertise.

Their

report was received in March 2015. It included a draft bill to complete the

overhaul of the ATIPP legislation, including the process for appointing a new

Information and Privacy Commissioner. Members of the House passed these reforms

into law.

In 2016,

this new process was used for the first time to appoint Donovan Molloy to become

the new Commissioner. Our caucus wants to thank Mr. Molloy for doing a stellar

job in that role.

SOME HON. MEMBERS:

Hear, hear!

MR. CROSBIE:

He pulled no punches and told it as he saw it. This is what we need in the role

in order to make sure the office works and strikes the right balance between

information disclosure and privacy protection – fundamental rights in our

society.

Effective February 20, 2019, Mr. Molloy was appointed to the bench of the

Territorial Court of the Northwest Territories. This left a vacancy at the

Commissioner's office and triggered the process for finding a replacement. The

House was not in session at the time.

The

first step, following the recommendation of the Wells-Stoddart-Letto report, was

to appoint an Acting Commissioner. This was done by the Lieutenant-Governor in

Council – the Cabinet, of course – on the recommendation of the House of

Assembly Management Commission. This has been adverted to by my colleague, the

Minister of Justice.

In a

news release dated March 22 of this year, the Speaker announced the appointment

of Ms. Victoria Woodworth-Lynas, effective March 21, 2019, as the Acting

Information and Privacy Commissioner until such time as the position would be

permanently filled in accordance with the act. And again, we commend her for

stepping into the gap.

Subsection 89(2) of the act states that in this particular circumstance “the

term of the acting commissioner shall not extend beyond the end of the next

sitting of the House of Assembly.” Things are a little more complicated here

because the House sat from March 4 to April 2 to conclude the 2018-2019 session,

then it sat from April 4 to April 17 to begin the 2019 session. But then the

election was called. The House returned for the post-election session from June

10-26 and then adjourned. And now we're back. Even though it's late July, I

suppose it may still be spring from a House perspective.

Back on

March 11, prior to the appointment of the Acting Commissioner, another

section

of the act was triggered. This section, 85, also reflected the recommendation of

Wells, Stoddart, Letto.

Section 85 states: “The office of the Information and

Privacy Commissioner is continued.” Then by subsection (2): “The office shall be

filled by the Lieutenant-Governor in Council on a resolution of the House of

Assembly.

“

(3) Before an appointment is made, the Speaker shall establish a selection committee

comprising” and I won't go through all of it because my colleague, the Minister

of Justice, has already told us about the blue ribbon and eminent and expert

panel which is convened pursuant to the legislation to make the selection.

Sub (4)

goes on to explain that: “The selection committee shall develop a roster of

qualified candidates and in doing so may publicly invite expressions of interest

for the position of commissioner.

“

(5) The

selection committee shall submit the roster to the Speaker of the House of

Assembly.

“

(6) The

Speaker shall

“(

a) consult with the Premier, the Leader of the Official Opposition and the leader

or member of a registered political party that is represented on the House of

Assembly Management Commission” – this turned out to be the Leader of the NDP in

this instance – and “(

b) cause to be placed before the House of Assembly a

resolution to appoint as commissioner one of the individuals named on the

roster.”

that's the process, which was passed into law and recommended originally by

Wells, Stoddart, Letto. To determine how the legislation ought to be

interpreted, we need to look at the committee that drafted it and their report.

With due respect to the Office of the Speaker, the report does offer some

additional insight into the process and the

interpretation of the legislation,

and is useful as an interpretive aid to how the legislation ought to be

understood. This is a common thing in courts of law when approaching the

interpretation of statute.

With

respect, in the Speaker's letter, he stated: I have discharged my duties as

required by the act. The Speaker stated he has established the selection

committee which has done its work and developed a roster of candidates and has

consulted – this is in quotes – with the Premier, the Leader of the Official

Opposition and the Leader of the Third Party respecting the roster as required

by the legislation.

The

Speaker then writes to the Government House Leader – quote – as these

requirements are complete, I therefore request that in your role as Government

House Leader, you now proceed to introduce a resolution to the House of Assembly

so that it may consider the matter. This request is in accordance with paragraph

85(6)(

b) of the act which states: The Speaker shall cause to be placed before

the House of Assembly a resolution to appoint as commissioner one of the

individuals named on the roster.

The

Speaker then concludes the letter writing: As you know, the role of Speaker of

the House is to interpret parliamentary rules, to maintain order and to defend

the rights and privileges of Members. The Speaker never participates in debate.

Based upon these long-held traditions and the language of subsection 85(6) of

the act, I therefore request that you introduce a resolution respecting this

appointment. By way of this request, I am therefore fulfilling my final duty

outlined in the act that is to cause a resolution to be introduced into the

House respecting this matter.

Again,

with great respect – and this is really for the benefit of posterity because we

have the process before us or the resolution before us by the process that was,

in all good faith, no doubt followed. It is a fact that Wells-Stoddart- Letto

report says something – I submit different and I would refer you to Volume 1 of

the report of the 2014 Statutory Review of the Access to Information and

Protection of Privacy Act, page 36 top of the second column. It states, “After

consulting with the party leaders in the House, including the Premier and the

leaders of opposition parties, the Speaker would present the name of a candidate

for the House to consider.” Again, “the Speaker would present the name of a

candidate for the House to consider.”

Again,

this is not to take issue with the process that has to be followed to get us to

this point, but really to place on the record some considerations for future

process to be followed.

There

are seven statutory offices of the House: Legislative Standards, Office of the

Auditor General, Office of the Chief Electoral Officer, Office of the Child and

Youth Advocate, Office of the Citizens' Representative, Office of the

Information and Privacy Commissioner and Office of the Seniors' Advocate. All

these offices must be clearly independent of the Executive Branch of government.

That separation must be clear and distinct in reality and in perception.

The

Information and Privacy Commissioner, which is the Officer we have before us for

our consideration, or the office before us, is answerable not to the government

but to the House and this, again, would be consistent with it being the duty of

the Speaker to lay a name from the roster before the House.

Again,

to come back to the composition of the selection committee, it was composed of

people who understand the workings of government, the rule of law, the

principles of justice, the importance of the roles of Officers of the House and

the importance of choosing the best person for the job while accounting for

every other factor relevant to the hiring. Such an imminent selection committee

is not brought together every day but when it is, it is the position of the

Official Opposition that its advice ought to be followed.

I think

it is worth noting, that three of the people in these most senior roles of our

province are women. They did not come into these roles because they were women.

They were appointed because they were the most qualified people for these jobs,

and they are shining role models for younger women throughout the province who

need to know that the glass ceilings that may have served as unfair impediments

to progress are, indeed, being shattered.

In the

particular case before us, the selection committee, after examining all

potential candidates, found one candidate who was exceptionally qualified and

warranted their top recommendation. In the documentation provided to us the

phrase is, and I quote: is the top-ranked candidate for this position. This was

used to describe one specific candidate, the candidate now put forward. When

such a distinguished committee makes such a recommendation it should be

followed.

So, Mr.

Speaker – and I apologize for not having given you the benefit of these

submissions on a prior occasion to today. It's by way of saying that we do

believe that the Speaker is the officer who should bring forward the resolution,

not the Government House Leader, but since the resolution does name the

candidate ranked first by the selection committee, we'll be supporting that

candidate's nomination. This only occurs because the legislation requires

consultation, but consultation should not involve an attempt to second guess the

distinguished selection process just because the Premier does not get his way.

The

suggestion was made that the Speaker and the three statutory consultees

interview the roster of people put forward. In other words, second guess the

selection process, and I would simply at this point reiterate the position I

took in writing on that suggestion. I stated: I express my advice to go with the

top-rank candidate, so I am not inclined to engage in an interview process which

is not required by the act. A very thorough interview and assessment using a

point system has already been conducted by eminent people, and in my opinion I

should not be second guessing the interview committee by duplicating their work

in a less thorough way. We would be replacing a process which strives for

objectivity with our own subjectivity.

Further,

I stated: This additional layer of process at the political level is proposed to

happen because the Premier wants the less-ranked candidate. I must inform you,

that I decline to attend the Wednesday interview and maintain my consultative

advice to you that the Speaker should recommend the higher-ranked candidate for

consideration by the House. I understand that the Leader of the Third Party is

of the same opinion. So, Mr. Speaker, that was the position.

Here we

are today with the government having, at long length, followed the better

practice, the practice of good governance and – the better practice of good

governance, which is to choose the highest-ranked candidate who has emerged from

a rigorous selection process conducted by distinguished officials whose duty it

was to recommend the highest-ranked candidate.

believe the individual being put forward will be a formidable Commissioner and

will serve the people of the province diligently in this essential role, and I

congratulate, on behalf of the Official Opposition, the candidate.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

The hon.

the Leader of the Third Party.

MS. COFFIN:

Thank you, Mr. Speaker.

I would

like to congratulate Mr. Michael Harvey on his new position. I understand that

he is a stellar candidate, chosen by an exemplary and well-respected group of

individuals who deemed that his long-standing career, his considerable depth of

experience and the breadth of his knowledge, he is the top-ranked candidate. I

have no qualms in strongly supporting the recommendation of the selection

committee in putting forth the name of Mr. Michael Harvey.

So I

really support his appointment and I do look forward to working with him in the

future and seeing how he can craft Newfoundland and Labrador as perhaps being an

exemplar in privacy and information. As we know, that is an emerging field and

I'm sure he will be able to protect the privacy and information of people in

Newfoundland and Labrador.

As for

the selection process, I am not going to belabour that. Certainly, it would have

been lovely if we could have concluded that before the House rose back in June;

however I'm delighted to be able to say that we have finally reached a consensus

and that everyone agrees that Mr. Harvey is the appropriate individual for this

position, and we all do look forward to working with him in the future.

Thank

you very much, Mr. Speaker.

MR. SPEAKER:

Thank you.

The hon.

the Member for Mount Pearl - Southlands.

MR. LANE:

Thank you, Mr. Speaker.

First of

all, I want to congratulate Mr. Harvey. I will say upfront that as the

legislation that's been referenced by the minister – and the Leader of the

Official Opposition went through it in great detail, and I thank him for that –

as is indicated in that legislation, when we talk about consulting with the

Official Opposition, consulting with the leader of a registered party, that

inherently would leave myself out and, of course, the Member for Humber - Bay of

Islands, because we're not with a registered party. So, there was zero

consultation with me. I understand, because of the legislation, as it is

written, but I do want to point it out.

I am

going to support it, obviously, but I never saw the résumé. I never saw the

résumé of anybody else. There was no discussion about any of the other

candidates with me, or the ranking system, if there was a ranking system, and

who ranked ahead of who and so on. Some information was sort of being alluded to

by the Leader of the Official Opposition that I certainly was not party to. So I

guess I have to support it on good faith, but I do so in recognition of the fact

that the people who made the selection – again, I'm not going to repeat who they

all were, but as the Leader of the Official Opposition said, I believe he called

them a blue ribbon selection committee or something to that effect. Obviously, a

very qualified, competent, unbiased people who made that selection.

I know

that the minister and the government, I know they're really glad about that. I

know they are thrilled with the fact that that was such an unbiased process, and

that's why they are doing the right thing. I know they certainly wanted to do

the right thing and are doing the right thing by bringing forth the name of the

most qualified person because we all know that's the right thing to do. We know

that's what the people want us to do. We know the government campaigned on being

open and transparent and putting an end – political patronage, as we've seen

with the Independent Appointments Commission, where all those appointments have

been done in an unbiased manner.

I'm sure

when the list of three names go, they always go with the best person. I'm sure

that always happens, and I'm glad to see that happened in this process as well.

That there was no temptation to go with anybody, only the best. Apparently

that's what has happened, so I've been told. I'm very, very, very pleased to see

that.

So I

commend the government for doing the right thing, for picking the best person,

not trying to do anything political or sneaky or underhanded, not trying to give

the job to anybody only the best person. Good job, I support it 100 per cent.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Government House

Leader, to close the debate.

MR. A. PARSONS:

Thank you, Mr. Speaker.

appreciate the comments from my colleagues across the way and look forward to

unanimous support of the candidate.

I do

want to take this opportunity in closing to point out a few interesting things I

gleaned from the comments I heard across the way. The first thing I would say to

my colleague across the way, the Leader of the Opposition, who said – he talked

a bit about second-guessing a process and how he would never second-guess it;

however, at the same time he questioned the process here and how it shouldn't be

the Government House Leader that enters the motion, it should be the Speaker.

Well, if

we're going to talk about second-guessing, what I will say is that it was

Members of his caucus that drafted that legislation, that put the legislation

here in the House and that voted on the legislation. You know what? I wouldn't

second-guess them, I got a lot of respect for them. But the fact is you can't

stand up on one side and say you're not going to second-guess it, when the fact

is you second-guessed the legislation that your colleagues sitting next to you

put here in the House of Assembly. So I'd need to point out that irony there,

maybe that little difference there.

To my

colleague, the Leader of the Third Party, thank you for your comments to this,

and to my colleague, the independent, I want to point out a couple of things.

It's interesting because he's had an opportunity to be a part of a number of

debates as it relates to access to information and privacy. He will remember his

full-fledged support for Bill 29, and then his full-fledged support for access

to information 2015. I cannot remember at that point, at which point he was a

Member of a caucus, I can never remember any concerns expressed about

independence – never expressed –

AN HON. MEMBER:

(Inaudible.)

MR. SPEAKER:

Order, please!

MR. A. PARSONS:

Those concerns were only

borne of now; they are not long-seeded concerns that he's carried with him for

some time. What I would suggest is again, I know where he was going later on.

The fact is we have two good individuals that I know that were interviewed, both

who were appointed by a previous PC administration. I will put that out there.

I know

that the Member opposite, now that he sits as an independent, wants to have some

consultation in this. What I would say is that the résumés and curriculum vitae

for each individual could've been asked for and would've possibly been provided

to those if they had asked; I don't know if they asked for or not.

again, it's interesting to hear that concern about independence when that

concern was not there in 2012 or in 2015.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Thank you.

Is the

House ready for the question?

Is it

the pleasure of the House to adopt the motion?

All

those in favour?

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against?

The

motion is carried.

The hon.

the Government House Leader.

MR. A. PARSONS:

Yes, Mr. Speaker, given the

time of the day and that I have certain colleagues in the House that were not

interested in being here, I would move, seconded by the Minister of Health and

Community Services, that the House do adjourn to the call of the Chair.

MR. SPEAKER:

Thank you to the Government

House Leader.

I do,

first of all, remind all Members of the Management Commission that we will

convene in this room in 30 minutes from now – I'm sorry, upstairs in the

committee room, our beautiful committee room.

And with

that, this House does stand adjourned until the call of the Chair.

Thank

you.

On motion, the House adjourned to the call

of the Chair.